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010722 Friday Staff Report City Manager’s Office 215 E. McKinney St., Denton, TX 76201  (940) 349-8307 OUR CORE VALUES Integrity  Fiscal Responsibility  Inclusion  Transparency  Outstanding Customer Service MEMORANDUM DATE: January 7, 2022 TO: The Honorable Mayor Hudspeth and Council Members FROM: Sara Hensley, Interim City Manager SUBJECT: Staff Report I. Council Schedule A. Meetings 1. Cancelled - Public Utilities Board on Monday, January 10, 2022, at 9:00 a.m. in the Council Chambers. 2. Cancelled - Library Board on Monday, January 10, 2022, at 5:30 p.m. at the North Branch Library. 3. Cancelled - Historic Landmark Commission on Monday, January 10, 2022, at 5:30 p.m. at the Development Service Center. 4. Work Session of the City Council on Tuesday, January 11, 2022, at 4:00 p.m. in the Council Chambers. 5. Cancelled - Tax Increment Reinvestment Zone No. 2 Board on Wednesday, January 12, 2022, at 10:00 a.m. at the Development Service Center. 6. Cancelled - Economic Development Partnership Board on Wednesday, January 12, 2022, at 11:00 a.m. at the Development Service Center. 7. Cancelled - Airport Advisory Board on Wednesday, January 12, 2022, at 3:00 p.m. in the Airport Terminal Meeting Room. 8. Work Session of the Planning and Zoning Commission on Wednesday, January 12, 2022, at 5:00 p.m. followed by a Regular Meeting at 6:30 p.m. in the Council Chambers. 9. Cancelled - Development Code Review Committee on Friday, January 14, 2022, at 10:00 a.m. at the Development Service Center. 10. Cancelled - Community Services Advisory Committee on Friday, January 14, 2022, at 12:00 p.m. at the Development Service Center. 11. Cancelled - Committee on the Environment on Friday, January 14, 2022, at 1:00 p.m. in the City Council Work Session Room. II. General Information & Status Update A. Pending Council Requests Work Session Topics – Pursuant to Ordinance No. 21- 1837, the following items will be discussed during the January 11 City Council Work Session. Each week, the topics included on the next week’s agenda will be in the Friday Report. Staff contact: Monica Benavides, City Manager’s Office 1) A work session to discuss amending the inclement weather policy a. Requestor: Council Member Armintor b. Council Member Request: c. Staff Information: Staff identified various factors and operational components to consider for the activation and operation of an overnight, or 24-hour, shelter at a City facility including, but not limited to:  The potential impact on current & future use of the facility;  The availability of adequate staffing for shelter operations, including funded overtime;  Extensive training in shelter operations, unless the operation is contracted out;  Additional training required to assist clients with mental health issues or disabilities;  The use of and funding for police and/or EMS staff to ensure safety and attend to any medical issues;  The appropriate allocation of space and fixtures within the facility to promote safety;  Meal procurement, preparation, and distribution;  The availability, storage, and transportation of materials/supplies; and  Accessibility to existing services provided by other organizations. All of these considerations will require significant funding, planning time, and staffing resources to operate both in the winter and summer. If the City Council wishes to move forward with this request, staff will schedule a work session. Work session preparation is expected to take approximately 90 minutes, whereas project implementation would require a timeframe of 20+ hours, but could be substantially more depending on the direction received from the Council. d. Date requested: January 5, 2021 e. Format for response: Work session B. IH35/US 380 Intersection Signal Work – Beginning January 7 at 9 p.m. through January 9 at 6 a.m., signals at US 380 will flash red for an all-way stop at each Interstate 35 Frontage Road as the Texas Department of Transportation (TXDOT) completes signal and median work in the area. Law enforcement will be on-site to direct traffic during this time. This includes both Northbound and Southbound Frontage Roads. On January 3, 2022, message boards were placed notifying travelers 1 and staff has communicated the information to the community through citywide communication channels. Staff contact: Rebecca Diviney, Capital Project/Engineering C. Mobility Plan Update – On January 25, the Capital Projects/Engineering and Development Services departments will present the Draft 2022 Mobility Plan and Denton 2040 Comprehensive Plan during the City Council Work Session. Capital Projects/Engineering and Development Services coordinated plans to align content and presentation schedules to the Planning and Zoning Commission and City Council. Staff contact: Rebecca Diviney, Capital Projects/Engineering D. Internal Audit Fiscal Year 2021-22 First Quarter Report – The Internal Audit Department’s Quarterly Reports intend to provide the City Council and the public with a status update on the Annual Internal Audit Plan. Additional items of note may also be presented and discussed by the Internal Audit Advisory Committee including, but not limited to, the Department’s structure or budget, application of and compliance with relevant auditing standards, the annual audit plan, and changes to the auditing process. The First Quarter Report can be seen on the Internal Audit Website here. Staff contact: Madison Rorschach, Internal Audit E. Organizational Update – Rachel Wood, Deputy Director for Capital Projects/Engineering, has accepted a promotional opportunity to serve as the next Assistant City Manager for the City of Asheville, North Carolina. Rachel will be departing the City on January 14 to begin her new role on January 24. Rachel has been an instrumental team member of several City Departments, including the City Manager’s Office, Development Services Department, and the Capital Projects/Engineering Department. City staff are all proud of her and this exciting step in her career. Rachel will be greatly missed by all, and the City wishes her the best in this new endeavor. Staff contact: Rebecca Diviney, Capital Projects/Engineering F. Closing of Park Restrooms – To prevent weather-related issues, such as the bursting of frozen pipes, as well as incidents of vandalism, most indoor restrooms located throughout city parks will be closed during the winter season. Staff made portable restrooms accessible at locations that have been temporarily closed. Staff contact: Drew Huffman, Parks & Recreation III. Responses to Council Member Requests for Information A. Distribution of Take-Home COVID-19 Tests at Libraries - On January 3, Council Member Maguire requested information on the feasibility of distributing take-home COVID-19 tests at Denton libraries (as was done in Boston, MA). It would be feasible to distribute take-home COVID-19 tests from one or more City of Denton libraries; however, there are several considerations that may pose significant challenges.  Cost and Funding – Using our contracted vendor, the cost of one test kit (containing 2 tests) is $26.94 per unit. Below is a sample of several different costs based on different potential order amounts. As you can see, the funding needed to acquire a sufficient number of tests for them to be broadly available is significant. Currently, the City does not have available funds identified for these costs and 2 would need council approval of a budget amendment for General Fund or ARP funding. Units Cost 100 $2,694 500 $13,470 1000 $26,940 2500 $67,350 5000 $134,700 10000 $269,400  Supply – There is currently a 30-day backlog in test kit shipments. Any orders would likely be delayed by one month, though that delay is subject to change.  Staffing and Safety – To ensure kits are distributed fairly and stockpiling by a small number of persons is limited, staff would have to limit the number of kits distributed to any one person (or household) and carefully track and record each distribution of test kits. This will be an additional administrative responsibility for library staff at a time when staffing availability is a concern across the organization. Additionally, and importantly, even if tests are distributed on a drive- through basis, this service would potentially place library staff in frequent contact with infectious individuals. Testing continues to be available through the County, which is free, and with private providers. More information on testing availability can be found on the county website. Additionally, staff will continue to monitor the news that the federal government will soon be making tests available directly to households by request. Staff contact: Ryan Adams, City Manager’s Office B. Draft Non-Discrimination Ordinance – During Tuesday’s January 4 work session, Mayor Hudspeth asked if the draft ordinance excluded small businesses. Staff responded that there are some exclusions in the three sections (Employment, Housing, and Public Accommodations) that mirrored federal and state law. As presented previously, language from federal and state law was incorporated into the drafts for consistency and for referral to the appropriate federal and state agencies. Additionally, the other five (5) cities in Texas with NDOs include exclusions generally mirroring federal and state law as well. The following summarizes the applicability and exclusions per section related to employers, landlords, businesses, and clubs:  Employment – It shall be unlawful for an employer to discriminate against any person based on the protected classes listed by the identified actions or inactions. (Sec. 14-203-5) o Employer is defined as any person who has fifteen (15) or more employees for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year and includes any agent of such person. (Sec. 14-203-2 Definitions) 3  Housing – It shall be unlawful for any person to discriminate against any person based on the listed protected classes in the identified housing practices. o The Housing section does not apply to: (Sec. 14-203-6.e)  To the sale or rental of a single-family house if the owner does not own more than three (3) single-family houses at any one (1) time. Any such sale of a single-family house shall be limited to one (1) such sale within any twenty- four (24) month period if the owner is not the most recent resident of the house prior to the sale or does not live there at the time of the sale, and the owner did not use the services or facilities of a real estate broker, agent, or salesman, or their agents and employees, for the sale or to advertise the sale in violation of this subsection; or  To a rental of a dwelling containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other if the owner actually maintains and occupies part of the dwelling as his residence.  Religious organizations and private clubs are allowed to give preference to their members as long as they do not discriminate in their membership.  Public Accommodations – It shall be unlawful for any person with care, custody or control over the premises of a place of public accommodation or for any owner, employee or agent, of a place of public accommodation to discriminate against any person based on the listed protected classes. (Sec. 14- 203-4) o The Public Accommodations section does not apply to a bona fide social, fraternal, educational, political, religious, or civic organization, including a private club, that is restricted to members of the organization/club and guests and is not open to the general public, when the profits of the accommodations, advantages, facilities, and services (above reasonable and necessary expenses) are solely for the benefit of the organization/club. Attached is a full copy of the draft ordinance version presented on Tuesday. Staff contacts: Sarah Kuechler, Human Resources and Michael Cronig, Legal C. Placement Fees for DEC Property Coverage - During its January 4 meeting, Council requested clarification on the second amendment to the contract with the City’s property and casualty broker, Lockton, for fees for property insurance placement for the Denton Energy Center (DEC). A standard commercial property policy, and the process used for the placement of standard coverage, cannot be used to provide the type and amount of coverage required for the buildings, equipment, and facilities that comprise the Denton Energy Center (DEC). Due to the nature of power generation facilities, the solicitation and placement of any line of coverage for the DEC is highly complex and specialized and requires access to niche global markets to address the unique exposures related to an energy plant. For the placement of coverage for a power generation plant, the local Lockton account team leverages the expertise of Lockton’s specialized energy sector, which has the expertise and relationships with carriers and wholesalers in the global energy markets 4 to best position the DEC in those markets, identify coverage, and negotiate on the City’s behalf. The renewal process for property insurance on a power generation plant is extensive and includes months of ongoing communication with prospective markets, tours of the facility by engineers from interested insurance carriers, information gathering conversations between the underwriters and the DEC plant manager, the production and often discussion of various records relating to the operation, maintenance, and repair of the machinery and the facility, among other activities that Lockton facilitates. Additionally, for routine plant inspections and those relating to the renewal of coverage, the Lockton Loss Control team from Lockton’s energy sector accompanies the carrier’s engineers, reviews, and validates the engineer’s work. Lockton also handles the administration of any claims filed with the carrier, like the claim that was filed due to damage sustained from Winter Storm Uri, which, again, are very complicated. Typically, the fee for the DEC placement would be included in the total fee for services provided in the bidder’s RFP response. Unfortunately, the 2020 RFP for property and casualty brokerage services erroneously did not include the DEC as one of the properties the selected broker would be responsible for coverage placement. This oversight was discovered in January 2021 when staff began working with Lockton on the DEC property policy renewal. Legal, Procurement, and Risk negotiated with Lockton to provide the additional placement services, despite the DEC not being included in the RFP, and pay this fee separately to ensure that the DEC’s property coverage did not lapse at the end of the policy term. Staff contact: Deby Skawinski, Risk Management D. Bed Counts at Emergency Shelter Facilities During Inclement Weather – On January 3, Mayor Pro Tem Meltzer requested the bed counts beginning January 1 for facilities taking people in overnight during the recently experienced inclement weather. As of January 4, the Monsignor King Outreach Center was working with a lower bed count due to COVID safety protocols with 65 beds available daily. They have a 95-bed capacity, however, that can be made available if needed during inclement weather. The bed count provided by MKOC is as follows: Friday, December 31: 50 Saturday, January 1: 58 Sunday, January 2: 64 In addition, the Deluxe Inn had 67 people total from December 31 to January 2. That includes the 10 additional rooms (13 people) opened at the Deluxe Inn for the inclement weather. The Salvation Army, Denton (TSA) is working with a lower bed count due to COVID safety protocols with 16 beds available daily, but they have a 40-bed capacity. Prior to the weather event, TSA shared that all 40 beds would be made available during inclement weather. The bed count provided by TSA is as follows: Friday, December 31: 22 clients Saturday, January 1: 21 clients 5 Sunday, January 2: 21 clients Staff contact: Dani Shaw, Community Services E. Fireworks Discharged in City Limits – On January 3, Council Member Meltzer forwarded a resident’s concern over the discharge of fireworks in a neighborhood on New Year’s Eve. The resident stated that they called the non-emergency police number to report the incident and request assistance. The discharging of fireworks within the city limits is a Class C Misdemeanor, punishable by a fine. Both Police and Fire shared social media messaging communicating this information, such as they do during the 4th of July and New Year’s Eve holidays. Collectively, police officers and fire marshals try to respond to these calls for service in addition to responding to emergency calls. Citizens may visit with Assistant City Attorney Stephanie Berry to inquire about filing a criminal complaint if they wish. Law allows for certain Class C offenses to be filed by private citizens, who swear under oath an affidavit. Staff contact: Frank Dixon, Police F. Heights Boulevard and Briar Forest Drive Closures – On January 3, Council Member Maguire contacted staff regarding lane closures on Heights Boulevard and Briar Forest Drive. The Texas Department of Transportation (TxDOT) has FM 2181 (Teasley Lane) under construction. Both Heights Boulevard and Briar Forest are a part of the FM 2181 roadway construction project. Currently, Heights Boulevard is closed due to grade differences in the new and proposed roadway and will remain closed for several months. According to TxDOT staff, Briar Forest Drive reopened in both directions on January 4. Staff contact: Rebecca Diviney, Capital Projects/Engineering G. Sidewalk Work Plan – On January 4, Council Member Davis requested staff share the Sidewalk Work Plan link included in the City Council Work Session. The Sidewalk Work Plan can be found on the Discuss Denton webpage (https://www.discussdenton.com/citysidewalks) as well as the story map, linked below. The Sidewalk Work Plan reflects sidewalk projects planned through 2024, and also presents the Pedestrian Potential Index (PPI) to identify future sidewalk projects. Sidewalk Projects anticipated to start in the next year can be viewed on the Capital Improvement Projects (CIP) Map, which highlights only projects that are anticipated to begin construction in the next year. Links:  Sidewalk Work Plan: https://storymaps.arcgis.com/stories/bc652d6cbedf46a491c653b8ec2043af  City Sidewalk Improvement Projects: https://www.discussdenton.com/citysidewalks  CIP Map: https://gis.cityofdenton.com:9002/Projects-StreetClosures/ Staff contacts: Nathan George and Haley Salazar, Capital Projects/Engineering H. Traffic Study Results for Forrestridge Drive – On July 30, 2021, staff committed to reevaluating speeding on Forrestridge Drive. Council Member Maguire requested a traffic study for Forrestridge Drive on July 23, 2021. Staff reevaluated Forrestridge Drive from September 12-18, 2021. Speeding was observed along Forrestridge Drive, with 15.8% of drivers going over the posted speed limit. The Police Department has 6 been notified to begin implementation of targeted enforcement, has placed Forrestridge Drive on their High Visibility Engagement (HVE) list, and deployed speed trailers along Forrestridge Drive during the week of January 3. Staff contact: Rebecca Diviney Capital Projects/Engineering and Sgt. Bryan Cose, Police I. United Way Housing/Motel Vouchers - On January 3, Council Member Beck asked whether anything could be done to expedite the distribution of United Way’s housing/motel vouchers during inclement weather. Staff determined that this program is not intended for inclement or emergency weather situations therefore there are no avenues for expediting the processes. Additionally, the program’s funding source puts limits on how the funds can be used. Applicants in need of immediate or emergency housing are redirected to emergency shelter locations. Staff contact: Dani Shaw, Community Services J. Wilderness Street Internet Concerns – On January 4, a resident contacted Mayor Pro- Tem Meltzer regarding internet service interruptions on Wilderness Street. To staff’s knowledge, construction projects in the area did not contribute to these internet outages. Staff is working with Charter Communications to obtain clarity on the root causes of the reported outages to ensure that these concerns are addressed. Staff contact: Dustin Draper, Capital Projects/Engineering. K. Wildwood Inn Zoning Ordinance – On January 5, Council Member Maguire conveyed resident concerns relating to the zoning violations at the Wildwood Inn. The Council member requested a copy of the applicable zoning ordinance relative to the property and the attached ordinance was provided. On December 10, 2021, staff provided a summary on this property and the applicable zoning. It was noted that staff found no zoning violations on the property. Staff contact: Scott McDonald, Development Services L. Library Reopening – On December 3, Mayor Hudspeth received an e-mail from a resident asking whether the library would reopen by Saturday, January 8. Staff reached out directly to the resident advising him that the library anticipated resuming its normal operating hours on Thursday, January 6. Staff contact: Jennifer Bekker, Library M. SAP Proposal – On January 5, Council Member Beck requested that staff send a copy of the SAP proposal from the NE Denton Neighborhood Association to 97 Land Company. Development Services staff provided the attached document, which was submitted by a group of residents in the NE area of Denton. Staff contact: Scott McDonald, Development Services IV. Information from the Interim City Manager A. Facility Condition Assessment – The Facilities Management Department is currently developing a comprehensive and inclusive decision-making strategy regarding the construction, renovation, and maintenance of City-owned buildings. The City will engage a firm to conduct Facility Condition Assessments (FCA) which will be used to successfully identify all the aging components of buildings and facilities while establishing accurate life cycles for equipment, infrastructure, and buildings. The FCA will begin in February 2022 with a scheduled completion of April 2022. The attached 7 summary provides further information about the FCA and the upcoming Facilities Master Plan. V. Upcoming Community Events and Meetings B. MLK Day Celebration – UNT and the Parks and Recreation Department will celebrate MLK Day on Monday, January 17. The celebration will begin at 2 p.m. with a march from UNT to Fred Moore Park where community members will join the students and continue to the MLK Jr. Recreation Center. A pre-packaged meal and water provided by Jackie Lawson, Simply Marvelous Catering will be available at the end of the march for the first 300 participants. The celebration will continue with a program at 3 p.m. The program will feature remarks from Mayor Hudspeth and keynote speaker, Rev. Jacob Ervin of Mount Olive First Baptist Church. There will also be performances by the Rivera Elementary School Choir, soloist Travis Brown, and poet Black Caesar, as well as the presentation of the Catherine Bell Community Award by the MLK Advisory Board. To allow for social distancing, in-person participation in the program will be limited to the first 150 attendees. Masks will be required and available for the public. The march and program will be streamed live via Zoom to allow everyone an opportunity to participate and feel safe. Staff contact: Broderick Perkins, Parks and Recreation VI. Attachments A. Draft Non-Discrimination Ordinance .........................................................................10 B. Ordinance 2000-201 ...................................................................................................27 C. Northeast Denton Small Area Plan Proposal .............................................................33 D. Facility Condition Assessment and City-Wide Master Plan ......................................77 VII. Informal Staff Reports A. 2022-001 Q4 FY 20-21 Report ..................................................................................79 B. 2022-002 COVID Impacts on SW Services .............................................................127 C. 2022-003 Vista del Arroyo Streetlights ....................................................................129 D. 2022-004 Parkland Dedication and Development ....................................................132 VIII. Council Information A. Council Requests for Information ...........................................................................175 B. Council Calendar .....................................................................................................177 C. Future Work Session Items .....................................................................................180 D. Street Closure Report ..............................................................................................182 8 DRAFT OnlyV2, 11/9/2101/04/2022 Work Session 1 ORDINANCE NO. _______________ AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES (HEALTH & HUMAN SERVICES) TO ADD ARTICLE VIII, TITLED “NON-DISCRIMINATION IN PUBLIC ACCOMMODATIONS, EMPLOYMENT PRACTICES, AND HOUSING;” REPEALING CHAPTER 15 OF THE CODE OF ORDINANCES (HOUSING), PROVIDING SEVERABLITY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton celebrates its diverse population; and WHEREAS, the City of Denton recognizes that legal protections extended to most protected classes under federal and state law have not been completely extended to protect individuals against discrimination based on their sexual orientation or gender identity; and WHEREAS, the City of Denton declares it to be the public policy of the City that all persons subject to its jurisdiction should enjoy equal human rights, including the ability to earn wages through gainful employment, to obtain and enjoy goods, services, facilities and accommodations in all places of public accommodation, and to obtain housing, without being subject to discrimination based on race, color, national origin, age, religion, disability, sex, sexual orientation, or gender identity, which otherwise is detrimental to the peace, progress, and welfare of the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Council finds that adopting a Non-Discrimination Ordinance that addresses public accommodations, employment practices, and housing, enhances the public welfare and quality of life for residents, visitors, and businesses in the City of Denton. SECTION 3. Chapter 14 of the City of Denton Code of Ordinances, entitled “Health & Human Services,” is hereby amended to add Article VIII, entitled “Non-Discrimination in Public Accommodations, Employment Practices, and Housing,” as provided as follows: ARTICLE VIII: NON-DISCRIMINATION IN PUBLIC ACCOMMODATIONS, EMPLOYMENT PRACTICES, AND HOUSING Sec. 14-203-1. Equal rights policy. (a) Policy Declarations. (1) The City of Denton celebrates its diverse population, and to that end, it is hereby declared to be the public policy of the City of Denton that all persons subject to its jurisdiction 9 DRAFT OnlyV2, 11/9/2101/04/2022 Work Session 2 should enjoy equal human rights, including the ability to earn wages through gainful employment, to obtain and enjoy goods, services, facilities and accommodations in all places of public accommodation, and to obtain housing. (2) It is policy of the City of Denton to ensure that no one is denied employment, public accommodations, or housing based on race, color, national origin, age, religion, disability, sex, sexual orientation, or gender identity. (3) The City of Denton recognizes that legal protections extended to most protected classes under federal and state law have not been completely extended to protect individuals against discrimination based on their sexual orientation or gender identity. Sec. 14-203-2. Definitions (a) In this ordinance, the following words, terms, and phrases, when used, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning: (1) Administrator means the individual designated by the City Manager or their designee to receive, investigate, and conciliate complaints under this ordinance and includes the administrator’s designated representatives. (2) Age shall mean a person forty (40) or more years of age. (3) Complainant shall mean a person who files a complaint pursuant to Section 14-203-10. (4) Conciliation shall mean the attempted resolution of issues raised by a complaint or by the investigation of a complaint, through informal negotiations or mediation. (5) Conciliation agreement shall mean a written agreement setting forth the resolution of issues pursuant to conciliation. (6) Disability shall mean a physical or mental impairment that substantially limits one (1) or more major life activities of an individual, a record of such an impairment or being regarded as having such an impairment; it is to be construed to be in accordance with the Americans with Disabilities Act and the ADA Amendments Act of 2008. (7) Discrimination shall mean any direct or indirect disparate, prejudicial, or unjust treatment, distinction, segregation, limitation, refusal, denial or other differentiation of a person or persons, based on a particular characteristic or by classifying or categorizing a person based on perceived or actual participation in a certain group of people with a particular characteristic. (8) Dwelling shall mean: a. A building, structure or part of a building or structure, that is occupied as, or designed or intended for occupancy as, a residence for one (1) or more persons; b. Vacant land that is offered for sale or lease for the construction or location of a building, structure or part of a building or structure, described in subsection (a). (9) Educational institution shall mean: 10 DRAFT OnlyV2, 11/9/2101/04/2022 Work Session 3 a. Any prekindergarten, kindergarten, primary, secondary, or postsecondary educational institution, supported in whole or in part by state tax funds; b. A "private school" as defined by V.T.C.A., Education Code § 5.001(6-a); c. An "open-enrollment charter school" as defined by V.T.C.A., Education Code § 5.001(6); d. An "institution of higher education" as defined by V.T.C.A., Education Code § 61.003(8); or e. A "private or independent institution of higher education" as defined by V.T.C.A., Education Code § 61.003(15). (10) Employee shall mean any individual employed by an employer. The term does not include an elected official. (11) Employer shall mean any person who has fifteen (15) or more employees for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year and includes any agent of such person. The term does not include any person specifically excluded from this section. (12) Employment agency shall mean any person, and any agent of a person, who regularly undertakes, with or without compensation, to procure: a. Employees for an employer; or b. Opportunities for a person to work for an employer. (13) Familial status means one (1) or more individuals, who have not attained the age of eighteen (18) years, being domiciled with: (a) A parent or another person having legal custody of such individual or individuals; or (b) The designee of such parent or other person having such custody, with the written permission of such parent or other person. (c) A person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years. (14) Family includes a single individual. (15) Gender identity shall mean a person's real or perceived gender identity as male, female, both, or neither, and/or an innate, deeply felt sense of gender, which may or may not correspond to the person's physical anatomy and also includes a person's gender expression through external characteristics and behaviors including, but not limited to, dress, grooming, mannerisms, speech patterns and social interactions, that are identified with a particular gender or sexual orientation. (16) Joint labor-management committee shall mean an entity that controls apprenticeship or other training or retraining programs, including on-the-job training programs. 11 DRAFT OnlyV2, 11/9/2101/04/2022 Work Session 4 (17) Labor organization shall mean a labor organization and any of its agents, and includes: a. Any organization, agency or employee representation committee, group, association, or plan in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms and conditions of employment; and b. Any conference, general committee, joint or system board or joint council so engaged, that is subordinate to a national or international labor organization. (18) Non-profit organization shall mean an organization exempt from taxation as provided in Internal Revenue Code, 26 U.S.C. § 501(c). (19) Person includes one (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, fiduciaries, and any other organization or entity of whatever character. (20) Place of public accommodation means any of the following establishments if they are open to the general public and, for compensation, offer any product, service, or facility to the general public: a. any inn, hotel, motel, or other establishment that provides lodging to transient guests, other than an establishment: 1. located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of the establishment as a residence; or 2. in which the majority of the occupants are permanent residents and maintain their fixed place of domicile in the establishment; b. any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of a retail establishment or gasoline station; c. any motion picture house, theater, concert hall, sports arena, stadium, or other place of exhibition or entertainment; d. any bar, tavern, pub, drinking establishment, or facility where alcoholic beverages are served; e. any retail or wholesale establishment selling any kind of goods or services; or f. any public conveyance, including stations and terminals. 12 DRAFT OnlyV2, 11/9/2101/04/2022 Work Session 5 (21) Public conveyance shall mean any vehicle, or any other means of transport operated on land, water or in the air, which in fact caters to, or offers its goods, facilities, or services to, or solicits or accepts patronage from the general public. "Public conveyance" includes any person who is the owner, lessee, operator, proprietor, manager, superintendent, agent or employee or any public conveyance (22) Protected employment characteristic shall mean an individual's race, color, national origin, age, religion, disability, sex, sexual orientation, or gender identity. (23) Protected housing characteristic shall mean an individual's race, color, national origin, age, religion, disability, familial status, sex, sexual orientation, or gender identity. (24) Reasonable Accommodation means a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with disabilities to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces, or to meet program requirements. (25) Reasonable Cause means that there is sufficient evidence to allege that a respondent has violated this ordinance. Evidence is sufficient if a reasonable person would believe that further inquiry into whether a violation occurred is warranted. (26) Reasonable Modification under the Fair Housing Act means a structural change made to existing premises, occupied or to be occupied by a person with a disability, in order to afford such person full enjoyment of the premises. (27) Religion shall mean all aspects of religious observance and practice, as well as belief. (28) Religious organization shall mean: a. a religious corporation, association, or society; or b. a school, college, university, or other educational institution or institution of learning, if: 1. the institution is, in whole or in substantial part, controlled, managed, owned, or supported by a religion, religious corporation, association, or society; or 2. the curriculum of the institution is directed toward the propagation of a religion. (29) Respondent shall mean a person, organization, or entity against whom a complainant has filed a complaint pursuant to Section 14-203-10. (30) Sex shall mean gender and the biological differences between men and women. (31) Sexual orientation shall mean the actual or perceived status of a person with respect to his or her sexuality. (32) Source of income means lawful, verifiable income paid directly to a tenant (child support, or spousal maintenance) or to a representative of a tenant, or paid to a housing owner or landlord on behalf of a tenant, including federal, state, or local public assistance, and 13 DRAFT OnlyV2, 11/9/2101/04/2022 Work Session 6 federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937. (332) To rent includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. (34) U.S. Department of Housing and Urban Development (HUD)-Veterans Affairs (VA) Supportive Housing Program (HUD-VASH) is a collaborative program between HUD and VA combining HUD housing vouchers with VA supportive services to help homeless Veterans and their families find and sustain permanent housing. (35) Veteran means a person who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable. Sec. 14-203-3: Exclusions Except as required by state or federal law, this ordinance shall not apply to the following: (a) Religious organizations; (b) The United States government or any of its departments or agencies; (c) The State of Texas, or any of its departments, agencies, or political subdivisions. Sec. 14-203-4: Public Accommodations (a) Unlawful practice. It shall be unlawful for any person with care, custody or control over the premises of a place of public accommodation or for any owner, employee or agent, of a place of public accommodation to discriminate against any person on the basis of race, color, national origin, age, religion, disability, sex, sexual orientation or gender identity, to (1) To directly or indirectly exclude, segregate, limit, refuse, or deny to any person any of the accommodations, advantages, facilities, benefits, services or goods, offered to the general public at a place of public accommodation; or (2) To circulate, issues, display, post, mail, or otherwise publish a statement, advertisement, or sign indicating that: a. A person will be denied accommodations, advantages, facilities, benefits, privileges, services, or goods at that place; or b. The patronage or presence of a person at that place is objectionable, unwelcome, unacceptable, undesirable, or unsolicited. (b) Defenses. (1) It is a defense to prosecution under this subsection on the basis of disability that the discrimination resulted from a condition or structural feature that is in conformance with the law. 14 DRAFT OnlyV2, 11/9/2101/04/2022 Work Session 7 (2) It is a defense to prosecution if the refusal to admit a person to a place of public accommodation or the expulsion of a person from a place of public accommodation was required by law. (c) Additional Exclusions. (1) It shall not be a violation of this Ordinance to deny the opposite sex access to facilities inside a public accommodation segregated on the basis of sex for privacy such as restrooms, shower facilities, locker rooms, dressing rooms or any similar facility. (2) This section does not apply to a bona fide social, fraternal, educational, political, religious, or civic organization, including a private club, that is restricted to members of the organization/club and guests and is not open to the general public, when the profits of the accommodations, advantages, facilities, and services (above reasonable and necessary expenses) are solely for the benefit of the organization/club. Sec. 14-203-5: Employment Practices (a) Unlawful practice. It shall be unlawful for an employer to discriminate against any person on the basis of race, color, national origin, age, religion, disability, sex, sexual orientation, or gender identity by the following actions or inactions: 1. For an employer to fail or refuse to hire, or to discharge, any person; 2. For an employer to discriminate against any person with respect to compensation, terms, conditions, or privileges, of employment; 3. For an employer to limit, segregate or classify employees or applicants for employment in any way that would deprive or tend to deprive a person of employment or employment opportunities, or that would otherwise adversely affect a person's status as an employee; 4. For an employment agency to fail or refuse to refer for employment, or to otherwise discriminate against, any person because of a protected employment characteristic; 5. For an employment agency to classify or refer for employment any person, on the basis of a protected employment characteristic; 6. For a labor organization to exclude or expel from its membership, or to otherwise discriminate against, any person because of a protected employment characteristic; 7. For a labor organization to fail or refuse to refer for employment any person because of a protected employment characteristic; 8. For a labor organization to limit, segregate or classify its members or applicants for membership, in any way that would deprive or tend to deprive a person of employment or employment opportunities, or that would otherwise adversely affect a person's status as an employee or as an applicant for employment; 9. For a labor organization to cause or attempt to cause an employer to discriminate against a person in violation of this ordinance; 15 DRAFT OnlyV2, 11/9/2101/04/2022 Work Session 8 10. For an employer, a labor organization or a joint labor-management committee, to discriminate against any person because of a protected employment characteristic in the admission to, or employment in, any program established to provide apprenticeship or other training; 11. For an employer to print or publish, or cause to be printed or published, any notice or advertisement relating to employment by the employer that indicates any preference, limitation, specification, or discrimination, based on a protected employment characteristic; 12. For an employment agency to print or publish, or cause to be printed or published, any notice or advertisement relating to membership in or any classification or referral for employment by the employment agency that indicates any preference, limitation, specification, or discrimination, based on a protected employment characteristic; or 13. For a joint labor-management committee to print or publish, or cause to be printed or published, any notice or advertisement relating to admission to, or employment in, any program established to provide apprenticeship or other training by the joint labor-management committee that indicates any preference, limitation, specification, or discrimination, based on a protected employment characteristic. (b) Additional Exclusions. 1. Nothing in this subsection prohibits a notice or advertisement from indicating a preference, limitation, specification, or discrimination, based on a protected characteristic when a protected characteristic is a bona fide occupational qualification for employment. 2. This section does not apply to, and does not require, the provision of employee benefits to a person for the benefit of the person's domestic partner. Sec. 14-203-6: Housing (a) It is the policy of the City of Denton to provide, within constitutional limitations, for fair housing throughout the City by ensuring the opportunity for every person to obtain housing without regard to race, color, national origin, age, religion, disability, familial status, sex, sexual orientation, or gender identity. (b) Fair Housing means the prohibition of discrimination based on race, color, national origin, religion, sex, familial status, or disability when renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities. (c) Unlawful practice. It shall be unlawful for any person to discriminate against any person on the basis of race, color, national origin, age, religion, disability, familial status, sex, sexual orientation, or gender identity by engaging in the following housing practices: 16 DRAFT OnlyV2, 11/9/2101/04/2022 Work Session 9 a. To refuse to negotiate with a person for the sale or rental of a dwelling or to otherwise deny or make unavailable a dwelling to a person; b. To refuse to sell or rent a dwelling to a person who has made a bona fide offer for the dwelling; c. To discriminate against a person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities therewith; d. To refuse to make a reasonable accommodation to rules, policies, practices, or services when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling and public and common use areas; e. To refuse to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises; f. To represent to a person that a dwelling is not available for inspection, sale, or rental, when the dwelling is in fact so available; g. To deny a person access to, membership in, or participation in any multiple listing service, real estate brokers organization, or other service organization or facility, relating to the business of selling or renting dwellings; h. To engage in disparate treatment of a person in the terms or conditions of access to, membership in, or participation in any multiple listing services, real estate broker's organization or facility, relating to the business of selling or renting dwellings; i. To make, print or publish, or cause to be made, printed, or published, any notice, statement, or advertisement, relating to the sale or rental of a dwelling that indicates a preference, limitation, or discrimination, for a protected housing characteristic or an intention to make any preference, limitation, or discrimination, based on a protected housing characteristic; or j. For profit, to induce or attempt to induce a person to sell or rent, or to not sell or rent, a dwelling by representations that a person with a protected housing characteristic may live in or may enter into a neighborhood. a. In the Sale and Rental of Housing. A person engages in a prohibited discriminatory act if, because of race, color, national origin, age, religion, disability, familial status, sex, sexual orientation, or gender identity, they: 1. Refuse to rent or sell a dwelling; 2. Refuse to negotiate for the purchase or rental of a dwelling; 3. Discourage the purchase or rental of a dwelling or otherwise make housing unavailable; 17 DRAFT OnlyV2, 11/9/2101/04/2022 Work Session 10 4. Impose different sales prices or rental charges for the sale or rental of a dwelling; or 5. Set different terms, conditions or privileges for sale or rental of a dwelling or in the provision of services or facilities therewith. b. Other Prohibited Discriminatory Acts. A person engages in a prohibited discriminatory act if, because of race, color, national origin, age, religion, disability, familial status, sex, sexual orientation, or gender identity, they: 1. Based on a person’s disability, refuse to make a reasonable accommodation in rules, policies, practices, or services when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling and public and common use areas; 2. Based on a person’s disability, refuse to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises; 3. In publication, make, print or publish, or cause to be made, printed, or published, any notice, statement, or advertisement, relating to the sale or rental of a dwelling that indicates a preference, limitation, or discrimination, for a protected housing characteristic or an intention to make any preference, limitation, or discrimination, based on a protected housing characteristic; 4. In inspection, represent to a person that a dwelling is not available for inspection, sale, or rental, when the dwelling is available for inspection, sale or rental; 5. For profit, induce or attempt to induce a person to sell or rent, or to not sell or rent, a dwelling by representing that people of a particular protected characteristic are about to move into the neighborhood; 6. In brokerage services, deny access to or membership in any multiple listing service or real estate brokers’ organization or other service organization or facility; 7. In residential real-estate-related transactions, refuse to make a mortgage loan, provide other financial assistance for a dwelling, impose different terms or conditions in a real-estate-related transaction, or otherwise discriminate against a person in making a real-estate-related transaction available. (d) Except as prohibited by Texas Local Government Code, Section 250.007, as amended, it shall be a discriminatory practice to discriminate in housing based on a Veteran’s source of income. (de) Additional Exclusions. a. This subsection does not apply to the following: 18 DRAFT OnlyV2, 11/9/2101/04/2022 Work Session 11 1. To the sale or rental of a single-family house if the owner does not own more than three (3) single-family houses at any one (1) time. Any such sale of a single-family house shall be limited to one (1) such sale within any twenty- four (24) month period if the owner is not the most recent resident of the house prior to the sale or does not live there at the time of the sale, and the owner did not use the services or facilities of a real estate broker, agent, or salesman, or their agents and employees, for the sale or to advertise the sale in violation of this subsection; or 2. To a rental of a dwelling containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other if the owner actually maintains and occupies part of the dwelling as his residence. 3 Religious organizations and private clubs are allowed to give preference to their members as long as they do not discriminate in their membership. b. Nothing in this article limits the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. c. Nothing in this article regarding discrimination based on familial status applies with respect to housing for older persons as set out and defined in the Fair Housing Act. d. Nothing in this article prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802. (fe) Housing Enforcement; complaints. a. Any person who claims to have been injured by a discriminatory housing practice or who believes that he/she they will be irrevocably injured by a discriminatory housing practice that is about to occur, hereinafter referred to as the "person aggrieved," may request assistance from the administrator to file a complaint with the Fair Housing and Equal Opportunity Division of the Region VI office of the U.S. Department of Housing & Urban Development. The administrator, if requested by the person aggrieved, may assist with preparation and submission of the complaint to the U.S. Department of Housing and Urban Development. b. Whenever the administrator has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this article or that any group of persons has been denied any of the rights granted by this article, administrator may prepare and file a complaint to the U.S. Department of Housing & Urban Development. setting forth the facts in his own name, and such complaint shall be treated in the same manner as a complaint filed by a person aggrieved. 19 DRAFT OnlyV2, 11/9/2101/04/2022 Work Session 12 (c)c. The administrator shall receive and accept notification and referral complaints from the U.S. Attorney General and the Secretary of Housing and Urban Development pursuant to the provisions of Title VIII, Fair Housing Act of 1968, Public Law 90-284, as amended (42 U.S.C. 3610), and shall treat such complaints in the same manner as other complaints filed pursuant to this section. Sec. 14-203-7: Unlawful Intimidation, Retaliation and Coercion It shall be unlawful for any person to discriminate against, harass, threaten, harm, damage or otherwise penalize or retaliate against another person for opposing an unlawful practice, for filing a complaint, or for testifying, assisting or participating in any manner in an investigation, proceeding or hearing, in connection with an act of discrimination prohibited by this ordinance. Sec. 14-203-8: Effect on Legal Remedies (a) This ordinance shall not affect the right of any person to pursue any legal remedy for discriminatory practices available under federal or state law by filing a claim with the appropriate public agency or by filing a private civil action. (b) This ordinance does not create a private cause of action. (c) All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety, and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Denton in the discharge of their duties, shall not thereby render themselves personally liable; and they are hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of their said duties. Sec. 14-203-8: Administration The City Manager or their designee shall be responsible for implementing and administering this ordinance. Sec. 14-203-9: Penalty Any violation of the provisions or terms of this ordinance by any person, firm or corporation shall be a misdemeanor offense and shall be subject to a fine of up to $500 in accordance with Section 1-12(a)(4) of the City Code of Ordinances for each offense, as well as injunctive relief. Every day a violation continues shall constitute a separate offense. A violation shall be referred to the City Attorney’s Office for prosecution if conciliation efforts are unsuccessful. 20 DRAFT OnlyV2, 11/9/2101/04/2022 Work Session 13 Sec. 14-203-10: Complaint Process (a) A person who claims to have been discriminated against in violation of this ordinance may file a complaint with the City Manager or their designee. A complaint must be filed within ninety (90) calendar days after an alleged unlawful practice has occurred. (b) A complaint shall be in writing on a form provided by the City Manager or their designee, made under oath or affirmation, and shall contain the following information: a. Name and address of the respondent. b. Name, address, email address, and signature of the complainant. c. Date of occurrence of the alleged unlawful practice. d. Statement of the facts upon which the allegation of an unlawful practice is based. (c) Within ten (10) business days after the filing of a complaint, the City Manager or their designee shall review the complaint and notify the complainant in writing as to whether the city will: 1. Refer the complainant to another public agency pursuant to subsection (d) below; 2. Deny the complaint due to incomplete information; 3. Deny the complaint because it is legally deficient or untimely; 4. Accept the complaint for investigation. (d) If the claim for discrimination is within the jurisdiction of a federal or state agency, the complainant shall be referred by the city to the appropriate public agency. The complainant shall be responsible for filing the discrimination complaint within timeframes set out in federal and state law and the city shall take no further action with regards to the complaint. (e) If, and only if, a federal or state agency to which a claim for discrimination is referred pursuant to subsection (d) of this subpart refuses to materially investigate the claim based upon a lack of jurisdiction, the complainant shall have thirty (30) calendar days, running from the date the complainant receives notice from the federal or state agency, to resubmit their complaint pursuant to subsection (b) of this section. If a complainant is resubmitting a complaint in accordance herewith, the complaint shall contain a copy of the correspondence or other documentation from the federal or state agency indicating its refusal to investigate or denial of the complaint based on jurisdictional grounds, in addition to the documentation required by subsection (b) of this subpart. (f) The burden of proof shall be on the complainant that an unlawful act occurred. Sec. 14-203-11: Investigation 21 DRAFT OnlyV2, 11/9/2101/04/2022 Work Session 14 (a) Promptly after a complaint that is not within the jurisdiction of a state or federal agency pursuant to Sec. 14-203-10 (d) or the complainant receives notice from the federal or state agency and has resubmitted their complaint pursuant to Sec. 14-203-10 (e) of this section, the City Manager shall commence an investigation. (b) The City Manager or their designee shall, in writing: 1. notify the respondent named in the complaint that a complaint alleging the commission of an unlawful practice has been filed against the respondent; 2. furnish a copy of the complaint to the respondent; and 3. advise the respondent of the procedural rights and obligations of the respondent, including the right to file a written, signed, and verified informal answer to the complaint within fifteen (15) business days after service of notice of the complaint. (c) Not later than the 15th business day after service of the notice and copy of the complaint, a respondent may file an answer to the complaint. The answer must be in writing, made under oath or affirmation, and contain the following information: 1. name, address, email address, telephone number, and signature of the respondent or the respondent’s attorney, if any; and 2. concise statement of facts in response to the allegations in the complaint, including facts of any defense or exception. (c) The City Manager or their designee may dismiss a complaint at any time if they determine that: 1. The complaint was not filed within the required time; 2. The location of the alleged unlawful practice is not within the City’s jurisdiction; 3. The alleged unlawful practice is not a violation of this ordinance; 4. The complainant refuses to cooperate in the investigation of the complaint or enforcement of an executed conciliation agreement; 5. A conciliation agreement has been executed by the complainant and the respondent. 6. The City Manager or their designee shall, in writing, notify the complainant and the respondent of the dismissal of the complaint and include a statement of the reason for the dismissal. (d) The City Manager or their designee shall prepare a final investigative report showing, at a minimum, the names and dates of contacts with witnesses; a summary of correspondence and other contacts with the aggrieved person and the respondent showing the dates of the correspondence and contacts; a summary description of other 22 DRAFT OnlyV2, 11/9/2101/04/2022 Work Session 15 pertinent records; and a summary of witness statements. A final report under this section may be amended if additional evidence is discovered. If there are legal questions involved, the complaint will be sent to the City Attorney’s Office for review. (e) After completion of the investigation, the administrator shall make available to the complainant and the respondent, at any time, information derived from the investigation and the final investigation report related to the investigation, except for information that is not subject to disclosure pursuant to state law, federal law, or common law privacy. (f) The complaint, the investigative report, and any evidence collected therein, shall be subject to public disclosure pursuant to the Texas Public Information Act. Prior to any release, documents related to the complaint/investigation shall be reviewed by the City Attorney’s Office to ensure information that is excepted from disclosure by state law, federal law, or common law privacy is redacted. If necessary, the City Attorney may submit the information to the Texas Attorney General’s Office for an opinion. Sec. 14-203-12: Conciliation (a) If during or after the investigation, the City Manager or their designee determines that there is reasonable cause to believe discrimination occurred, the City shall attempt to conciliate the complaint. In conciliating a complaint, the City Manager or their designee shall try to achieve a just resolution and obtain assurances that the respondent will satisfactorily remedy any violation of the complainant’s rights and take action to ensure the elimination of both present and future unlawful practices in compliance with this ordinance. This can include the voluntary discontinuance of the unlawful practice by the respondent and adequate assurances of future compliance with this ordinance combined with an educational component. Nothing said or done during the course of conciliation may be made public or be used as evidence in a subsequent proceeding under this ordinance. For these purposes, complaints and proceedings under this article shall be considered as litigation. (b) A conciliation agreement executed under this section must be in writing in a form approved by the City Attorney and must be signed and verified by the respondent and the complainant, subject to approval of the City Manager or their designee who shall indicate approval by signing the agreement. A conciliation agreement is executed upon its signing and verification by all parties to the agreement. An agreement shall be a public document, subject to any redactions required by state law, federal law, or common law privacy. (c) A party to an executed conciliation agreement shall not be prosecuted in municipal court for the unlawful practice identified in the agreement unless the complaint notifies the City Manager or their designee within one (1) year of a violation of the 23 DRAFT OnlyV2, 11/9/2101/04/2022 Work Session 16 agreement for the same discriminatory practice addressed by the agreement and the City Attorney determines that the agreement has been violated. (d) If a conciliation agreement cannot be reached by the City Manager or their designee, the matter may be reviewed for criminal enforcement pursuant to Section 14-203-9. Sec. 14-203-13: Defenses (a) Any applicable federal or state law defense may be asserted by a person alleged to be in violation of this section. (b) It is a defense that a person alleged to be in violation of this section was acting pursuant to a court order. Sec. 14-204-14: Education and Public Information In order to further the intent and objectives of this ordinance, the City Manager or their designee may conduct educational and public information programs. SECTION 4. Chapter 15 of the City of Denton Code of Ordinances, entitled “Housing,” is hereby repealed in its entirety. SECTION 5. This Ordinance shall be cumulative of all provisions of ordinances of the City of Denton, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 6. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 7. The City Secretary is hereby directed to record and publish the attached rule, regulation, and policy in the City's Code of Ordinances as authorized by the Texas Local Government Code. SECTION 8: This Ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this Ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. 24 DRAFT OnlyV2, 11/9/2101/04/2022 Work Session 17 The motion to approve this Ordinance was made by _________________________ and seconded by _________________________________; this Ordinance was passed and approved by the following vote [___ - ___]: Aye Nay Abstain Absent Gerard Hudspeth, Mayor: ______ ______ ______ ______ Vicki Byrd, District 1: ______ ______ ______ ______ Brian Beck, District 2: ______ ______ ______ ______ Jesse Davis, District 3: ______ ______ ______ ______ Alison Maguire, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this the ______ day of ______________________, 20221. _______________________________ GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: _________________________________ 25 ORDINANCE NO OOU I AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 93- 232 TOP OVIDE FOR A DETAILED PLAN FOR 4 315 ACRES LOCATED WITHIN THE PLANNED DEVELOPMENT 87 (PD-87) ZONING DISTRICT, THE SUBJECT PROPERTY BEING LOCATED AT THE SOUTHWEST CORNER OF SOUTHRIDGE AND LILLIAN MILLER, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMLM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVEDATE (Z-99-092)WHEREAS, on December 21, 1993, by Ordinance 93-232, the City Councilapproved a Detailed Plan for 9296 acres of land in the Planned Development 87 (PD-87) Zoning District,and WHEREAS, onNovember 10, 1999, Rick Moore submitted an amended Detailed Plan for 4 3151 acres located within PD-87 withthe intentto developa bed-and-breakfast establishment, and WHEREAS, onMay 10, 2000, the Planning and Zoning Commission recommended approval of a the amended Detailed Planforsuch4315acres, and WHEREAS, the City Council finds that the DetailedPlan is consistent with the Denton Comprehensive Plan and provides for a suitable useof the property, NOW, THEREFORE,THE COI NCIL OF THE CITY OF DENTON HEREBY ORDAINS TI 1 Ordinance No 93-232 providing for the approval of aPlanned Develop ent Zoning District Classification and Use Designation for the propertydescribed asPD-87 is amendedby approving the Detailed Plan attached heretoand incorporated herein by references Exhibit B for 4 315 acres located within PD- 87, more particularlydescribed by the legal des nption attached heretoand incorporatedherein by reference as Exhibit A, subject to the follo ns conditions Useof the property shall be limited to use as aBed andBreakfast Inn A Bed and Breakfast Inn shallbe defined as a facility of not more than fourteen rooms wherein overnight accommodations and meals are provided to tourists and vacationers for compensation The operator of the inn shall live on the premises The facility may also host small events such as weddings or business meetings The facility shall be of a residential style and d6cor Lighting on the property shall be designed and maintained so as notto shine on or otherwisedisturb surrounding residential property or to shine and project upward to prevent the diffusion into the night sky 26 27 28 J EXHIBIT A FIELD NOTE DESCRIPTION TRACT It BEING a 4 315 acre tract of land situated in the John McGown Survey, Abstract Number 797, In the City of Denton. Denton County, Texas and being a portion of a 4 4610 acre tract of land described as Tract 2 according to the deed recorded In Volume 3417, Page 0001 of the Deed Records of Denton County, Texas (DRDCT) and being more particularly described as follows BEGINNING at a 1/2 Inch Iron rod found for the northeast comer of sold Tract 2 and being located at the point of Intersection of the northwesterly right-of-way line of Lillian Miller Parkway (a so feet wide right-of-way) with the southwesterly right-of-way line of Southridge Drive (a 60 feet wide right-0f-way), THENCE along the northwesterly right-of-way line of sold Lillian Miller Parkway SOUTH 28'49'03" WEST o distance of 89319 feet to a 1/2 Inch Iron rod found for the southeast comer of sold Tract 2 THENCE deporting the northwesterly right-of-way line of said Lillian Miller Parkway and following the southerly line of said Tract 2 SOUTH 8841'36" WEST of 73 96d®0146 acre tract of land according Iron the d dead recorded In D easterly comer County of a Clerk's File No 93-13741 (DRDCT), THENCE departing the southerly line of sold Tract 2 NORTH 5440'52" WEST a distance of 131 07 feet to a 5/8 Inch Ira rod set for the most southerly corner the plat recorded dne Cabinet East h0 Page 315 (PDCT) and being located according Black 36 of In the westerly line of sold Tract 2, THENCE along the northwesterly line of said Tract 2 and the southeasterly line of said Southridge East Phase 1 as follows NORTH 35'15'30" EAST o distance of 12224 feet to a 1/2 Inch Iron rod found for corner, NORTH 09'2109" WEST a distance of 24971 feet to a 1/2 Inch Iron rod found for corner, NORTH 55'07'48" EAST a distance of 15641 feet to a 1/2 Inch Iron rod found for corner, NORTH 57'51'43" EAST a distance of 16958 feet to 0 1/2 Inch Iron rod found for corner, NORTH 51'42'37" EAST a distance of 20030 feet to a 1/2 Inch Iron rod found for corner, NORTH 37'2825' EAST a distance of 126 46 feet to a 1/2 Inch Iron rod found for the most northerly northwest comer of said Tract 2 and being located In the southwesterly right-of-way line of sold Southridge Drive In a curve to the left having a radius of 33000 feet, a chord bearing of South 595519" East and a chord length of 14 52 feet, THENCE along the southwesterly right-of-way line of sold Southridge Drive as follows Continuing along sold curve to the left through a control ogle of 02'3196" for an arc length of 1452 feet to a 1/2 inch Ira rod found for the point of tongenc)r. SOUTH 61'10'57" EAST a distance of 71 68 feet to the POINT OF BEGINNING, and Of CONTAINING land, more on lose, i ll according to that survey prepared by Kurtz? square Associates Inc, dated May, 1998 and signed by Austin J Bedford Registered n-d a No 41'17 to which reference for all purposes is hereby29 30 31 1 Northeast Denton Small Area Plan Proposal Offered by the North Denton Neighborhood Association and Denton Community Our Proposal in Brief In this document we propose the City of Denton create a Small Area Plan for northeast Denton, which we believe represents a wonderful, compelling vision for this area and offers an extraordinary legacy for the Denton community. Our plan promotes certain special aspects of northeast Denton as an outstanding resource for the people of Denton and addresses the challenges for the area. Our vision is to set the base for housing density of the area, create a network of parks and trails, a nature preserve, botanical garden, arboretum, music and arts venues and historical interpretive centers. These together can be viewed as a cluster of parks, venues and open spaces, much like Zilker Park in Austin. Not only will these provide a beautiful recreation hub and park system, they will highlight various aspects of what makes Denton such a special place. As called for in the Denton Plan 2030, land use zoning is to be graduated with distance from the City center, culminating in parks and wildlife corridors along the riparian ways. This will encourage growth and greater density in the city center which will be more tax-efficient and create greater vitality for the downtown. By prioritizing the preservation and careful utilization of this area, we believe it will add immeasurably to the quality of life of the people (and wildlife) in this area and serve as an attractive selling point for the City as it continues to recruit new businesses and growth to Denton for generations to come. WHERE: Area of Proposed Small Area Plan We recommend that the City of Denton create and implement a Small Area Plan for this carefully defined area: • Southern boundary along the railroad tracks alongside Mingo Road • Eastern boundary defined by the Elm Fork of the Trinity River and Greenbelt • Northern boundary defined by the area to the south and east of FM 428 • Western boundary defined by FM 428 and Loop 288 32 2 Figure 1. Area proposed for Small Area Plan highlighted This area is defined to incorporate natural geographic boundaries and commonalities. The natural geographic boundaries are the Elm Fork of the Trinity River and its floodplain to the east and the railroad tracks (with only two crossings) to the south. Additionally, this area has special proximity to rivers and creeks providing wildlife habitat and diversity, and providing critical watershed feeding into Lake Lewisville. The commonalities are the predominant current agricultural and rural zoning, with small areas of low-density residential development to the south and west. WHY: We in North Texas, like many other cities across the U.S. South, face the challenges of managing great change – population migration and growth, climate change, technological change, and need for education, commerce and industry to provide skills, jobs, purpose, goods and services to residents to advance our well-being. The open space in the region, which so many enjoy for recreational and psychological well-being and which provides our drinking water, clean air and habitat for wildlife, is rapidly shrinking. With the rapid growth in the region, we see a dwindling opportunity for the City of Denton to tap the brakes and carefully think through what the City and people of the area want not just today, but tomorrow. How a city evolves and engages these force of change makes an enormous difference in the quality of life of its citizens. We recognize that the role of city 33 3 planning is to anticipate these changes, balance multiple needs, and model the city to address these challenges while preserving and enhancing what is most special about the community and the area. It is the very special nature of Denton that brings people here and keeps them here. Finding creative ways to keep Denton distinct from its neighbors is an important part of that planning and growth. The northeast quadrant of Denton is unique and special in the community for its wildlife, environmental, natural history, scenic, recreational and agricultural attributes and its geographic isolation which limits its suitability for mass housing development. According to the North Central Texas Council of Governments (NCTCOG) Regional Ecosystem Framework (REF), this is the most environmentally-sensitive area in all of Denton County, earning a high REF Composite score of 35 (See Figure 4, below). Much of this area has been given the highest REF Rarity score of 5, which score looks at Vegetation Rarity, Natural Heritage Rank, Taxonomic Richness, and Rare Species Richness,. The area also earned scores of 5 in the categories of Wetlands and Wildlife Habitat, and scores of 4 in Natural and, importantly, Diversity.1 Being relatively isolated from a mobility standpoint by rivers, creeks, floodplains, limited-access divided highways (current & proposed), and railroad right-of-way, and having these important natural resources, this area creates challenges for subdivision development in terms of limited road access and safety while alternatively presenting great potential in the long term as a wonderful resource for the community as proposed herein. With the extraordinary growth in the North Texas region, there have been massive, rapid changes in land use. Recently, the pressures have shifted to northeast Denton. Given the special environmental realities of the area, now is the time to be proactive in thoughtfully creating a vision and plan for this area before it is too late. Once it is gone there is no going back, wishing we had done something differently. We see this time as an opportunity to think big about how this area could best serve the people of North Texas for generations to come. Our proposed plan seeks to preserve through designated land use certain critically important environmental and ecological attributes of the area that contribute to the health and well-being of all residents of Denton and the surrounding areas. It considers and incorporates recommended growth patterns, mobility, education, music & arts, and history, all of which are important defining themes for the Denton community. 1 Follow this link for the interactive Regional Ecosystem Framework Map. https://nctcoggis.maps.arcgis.com/apps/webappviewer/index.html?id=629ea7bf1f5e4d93a38f857ebb1f2f1f You can follow this link for the data dictionary to better understand the terms and the ratings: https://www.nctcog.org/envir/natural-resources/regional-ecosystem-framework 34 4 With this plan the City of Denton will become the most attractive city in all of North Texas for quality of life and depth of community resources, creating a distinctive and everlasting brand for the city. DREAMING BIG: OUR VISION Figure 2. Preliminary plan 35 5 •Heritage of farm and ranch land •Recreation, promoting healthy lifestyle •Music & arts •Education Quality of Life •Wildlife habitat & protection; green right-of- way/wildlife corridor •Watershed protection •Tree preservation (Cross Timbers and bottomlands) •Preserve natural flood zones and ecosytem Environmental Preservation •Hartlee Field -preserve and educate •Cooper Creek historic settlement •Preserve cemeteries (viz. slave cemetery found near Deerwood) •Preserve a vestige of our historic past of agricultural & ranch land Historic Preservation •Encourage infill pattern of development for City •Discourage suburban sprawl and their adverse impact on city budgets long-term (viz. Strong Towns) Economic Sustainabilty •Scenic country roads and trails for biking, walking, hiking, horseback riding, etc. •Parks & museums •Music & arts venues •Historic preservation •Nature & historic interpretive centers Create a Legacy 36 6 This part of Denton is to become a destination for everyone to enjoy. As the nearby areas become developed, this will be an oasis; a "Central Park" for North Texas. With its museums, arts venues, arboretum and gardens, bike park, and hiking trails though the green corridors, we see this as a lasting legacy. It will enhance the quality of life and culture of Denton and become an attraction for the entire region, contributing greatly to the vitality of Denton. SMALL AREA PLAN VISION: ASPECTS OF THE PLAN We see the following elements as part of our vision: Considering each aspect individually, we recommend the following elements be developed. Small Area Plan Environmental & Sustainability Recreation Historic Preservation Educational Music & Arts Park & Trails Residential Development Commercial Mobility 37 7 Environmental & Sustainability •Open lands to the extent practical •Rural residential •Agricultural •Park land •Low-impact residential & other development •Low density; conservation development per Comprehensive Plan •Reduced runoff, fertilizer, pesticides •Maintain watershed quality •Maintain indigenous Cross Timbers forests & prairie •Wildlife habitat (“oasis” within Denton) •Environmental education to the community (see Education) 38 8 Photo from potential partner TWU's Butterfly Garden www.twu.edu/butterfly-garden Recreation •Trails for biking, walking, hiking and horseback riding •Offer a variety of trail surfaces. Mostly gravel/decomposed granite; some paved (for wheelchair access) •Take advantage of creeks and riverways to create continuous paths •Maintain rural, low-traffic roads for biking [no one wants to bike along busy roads] and for distance running (viz. Ryan HS track team on Hartlee Field Rd every Saturday morning) •Bike ways radiating out of central part of City (along Mingo Rd. and Sherman Dr.) for easy access and to create loops •Mingo Rd. developed with a wide buffer alongside with trees and bike/walking path (native plants, trees & shrubs that do not require watering and have low maintenance) •Outdoor fitness “courses” •A Community Center and Artist's Retreat (for which the Carter mansion would serve beautifully), which may be used for (a) Horticultural and environmental awareness classes, (b) Cooking for healthy eating and nutritional classes, (c) yoga classes, (d) art and ceramics classes, (e) art exhibits by local artists, (f) small concerts by local musicians, and (g) Art films followed by group discussions (we believe there is a small movie theater in the mansion) •Community vegetable gardens (plots reserved by City residents) •Butterfly garden •Mountain bike park (add bike shop manned by a local bike shop on weekends with beverages, snacks and picnic tables) •Childrens’ playground with playground equipment and picnic tables •Create trails (bike/walking/hiking/equestrian) that extend from Cross Timbers heights (Coyote Point/Oak Bend) down through prairie to riparian bottomland forests with interpretive points along the way 39 9 Historic Hartlee Field Historic Preservation •Landmark status for Hartlee Field •Aviation museum •Natural history interpretative center and trail •Underfoot fossils of sabre-toothed tigers, elephants & giant sloths •Local geological history and how it gave rise to local river and agricultural resources •Cross Timbers habitat •Current wildlife found in area •Cooper Creek settlement -becomes central to highlight history of early settlers in Denton •Agricultural and ranching heritage 40 10 Educational Venues •Clear Creek Park natural heritage interpretive center •Mini-museum illustrating wildlife of area, history (Native American, Mexican and pioneer settlement, etc.) •Butterfly park and gardens (associated with TWU butterfly research group) •Guided natural history tours on weekends (with volunteer docents) •Lectures on natural history or environmental topics •Picnic area and food shop for weekend visitors; make a lunch destination (if successful, could become more permanent restaurant, with facility owned by City but leased to restauranteur) •Models: Heard Museum, McKinney (Heard Museum –Natural Science Museum & Wildlife Sanctuary) •Hartlee Field aviation and/or history museum •Provide aviation history museum •And possibly celebrate north Texans’ role in various wars, especially highlighting Hartlee Air Field and missile base nearby. •(May find very willing partners in American Airlines, Southwest Airlines, Raytheon, M1 Support Services and others) •Arboretum (there are huge existing Pecan and Oak trees along Hartlee Field Rd. at the Clear Creek Natural Heritage Center, which would only require some clearing and pathways to make it attractive and accessible, with modest signage identifying specimen trees) •Associated Botanical Center featuring native species, prairie and woodland areas (can be funded by annual plant sales by volunteers) •See as model: Zilker Park, Austin Zilker Park: Most-Loved Park in Austin, Texas (austinparks.org) •Create trails (bike/walking/hiking/equestrian) that extend from Cross Timbers heights (Coyote Point/Oak Bend) down through prairie (with Pleistocene fossils (e.g., camels and sloths) underfoot) to riparian bottomland forests with interpretive points along the way 41 11 Open Air Theater or Music Venue Possibilities Music & Arts •Establish an outdoor music and theater venue (amphitheater as a mini-Red Rocks or Tanglewood) •Amphitheater could take advantage of the existing natural basin on the Carter property (50 ft. drop in terrain) •Leverage UNT and TWU arts organizations •Further solidify Denton's place as a music destination •Sculpture & flower garden •Music & film “shed” for smaller music performances, film and arts displays •For larger-scale events, guests could park at the Collins Stadium and be bussed to the venue (large-scale parking does not need to be built). •Consider as models the Zilker Park in Austin ( Zilker Park: Most-Loved Park in Austin, Texas (austinparks.org)and Myers Park in McKinney (https://www.collincountytx.gov/myers/Pages/default.aspx). 42 12 Park Land •As land develops, evaluate all opportunities for Park Land Exactions using the Park Land Dedication Ordinance. Consider working with the Developer to enhance any dedication requirements to expand the park open spaces and drainage structures for recreational uses. •Consider land acquisition now for additional park space and wildlife corridor. Take opportunity to partner with organizations such as "Trust for Public Lands" and "Denton Parks Foundation" to work with landowners, partner groups, and public agencies to acquire, create access to, and secure public ownership and stewardship of the lands and waters that enhance the quality of life and make our community a great place to live, work, and play.Consider agreements to use land values as "In kind" matches for Grants. •Expand the Clear Creek Natural Heritage Center as land becomes available adjacent to the property. •Consider land acquisition now for additional park space and wildlife corridor. Land adjacent to Clear Creek Natural Heritage Center is currently for sale. •Consider purchase or donation of development rights from current landowners; would be funded by tax on all property transfers dedicated to such acquisitions. •Part of the park land would be left natural with hiking trails meandering through (as now). •Part of the park land would be developed for uses as a botanical garden, natural history interpretive centers, and music and arts venues. •Establish a Recreation Community Center, which would host public and private events. Events could include arts classes, dances, scientific studies, and cultural events. The Carter family home would be perfect for this should it become available. 43 13 Residential Development •Diversity of housing; purposeful preservation of rural and agricultural land •Northeast Denton remains the lower-density area for the city, requiring conservation development for most of the area to the extent land is proposed for development (see Denton Plan 2030) •Scale zoning density from R4-R3 closer to City to RR-5 out on rural fringe •Special overlays: •Trails: Secure Public Access Easements on existing Utility Easements for future uses as funding becomes available to construct trails and Pedestrian ways per the Denton Parks Trails Master Plan •Parks & community garden plots interspersed in neighborhood •Tree preservation and planting; encourage native species planting •Lighting restrictions (no extraneous lighting, which lights should be directed downward, not upward) •Walkability –sidewalks & trails to meet diverse needs (concrete sidewalks and gravel or crushed stone for trails) •Permit certain types of commercial development in specific nodes (see Commercial Development) •Buffers to existing neighborhoods to the extent there is a big difference in character or density (with trees, shrubs, pedestrian/bike paths and berms) •Natural, planted buffers, including berms, instead of walls •Garden plot areas for residents may be found along this buffer as well. •Encourage the garden “amenities” of the development to be laid out along this buffer, not just within the new community, to the extent practical •Traffic from such new developments be handled within the property directly to major arteries, not impacting existing neighborhoods •Consider some areas for denser housing development (R4, R3 and R2 along Loop 288 & southern-most 1/2 mi. of FM 428), but have corridors of open, natural space (with trails, etc.). •Recommend “conservation development” pattern of development, similar to above for current RR-zoned areas (see Denton Plan 2030, page 48 for specifics) •Identify key areas to be dedicated to low density, higher density, no building, even commercial nodes (shopping & services nearby to minimize need for cars, higher- capacity roads & traffic) •No PDs permitted that would circumvent intended/existing zoning 44 14 Commercial Development •Light, commercial activity permitted in designated locations (nodes) to promote walkability from residences (reduce need for driving). Accordingly: •Specific types of commercial businesses permitted: food markets, restaurants, bakeries, coffee shops, professional offices in specific areas or nodes. See Future Land Use Map (FLUM). •Encourage local shopkeepers; discourage national chains (especially “fast food”). •Limit chain convenience stores, gas stations, large gyms. Yes to small exercise studios (yoga, pilates), boutique food markets and cafes. •Fitting with the branding of Denton and this Northeast Denton SAP, the buildings of these businesses should be distinct in their character/appearance to fit with the rural nature of the area •Nodes located at intersection of Loop 288 and Sherman Dr. and possibly further north along Sherman Dr./FM 428 (should there be further residential development along there, e.g., at Wagon Wheel Way). Should not create traffic within heart of SAP area. •Farmers market •The Tree Folk Farm –community market. Locally-owned businesses are economic engines; develop farmers market venue. Encourage local growers, egg sellers, cheesemakers, etc. to sell their wares. 45 15 Mobility •Preserve to the extent possible the rural nature of roads in this area •Preserve recreational value of country roads for bicyclists, running groups, and walkers •Should subdivisions come in (see Residential Development), require traffic generated by such development be directed internally in the property directly to a main artery, and not putting loads on existing country roads. Further development of arteries should be limited (specifically, permit expansion of Cooper Creek Rd. as an extension of Mayhill Rd. to the north, but not expand Hartlee Field Rd., Farris Rd. or Collins Rd. Protect those roads from drivers seeking "short-cuts" through these rural areas.S •Naturalistic buffers (planted berms) to existing neighbors should be required, along with walking paths, unless the new development is of similar density and character to the immediately adjacent neighborhood (i.e., not of higher density than existing neighborhoods). •Mingo Road should be developed to provide an attractive, landscaped access to the parks, recreational facilities, and music/arts venues out along the east side of the SAP area (Collins Rd. and Hartlee Field Rd.). Recommendations include: •a park-like buffer alongside the roadbed which would include a mixed-use bike and pedestrian path. •planted (and retained existing) trees and low scale planting (for visibility and safety) •native plants requiring little supplemental watering and maintenance. •lit for safety, but with down-facing lights (to reduce light pollution) •bus service to venues (electrified if possible). •Sherman Dr./FM 428, north of Loop 288 –the northern “gateway” to Denton. Should TxDOT determine to expand FM 428 to a limited-access highway, such limited access should not begin within one mile of Loop 288. This one-mile strip along FM 428 should be improved to add a 30 foot buffer along each side of the highway, which buffer should have separate walking and biking paths. (Note that this is a favorite route for distance biking, which bikers travel at high speeds, incompatible with pedestrians and children.) This would enhance walkability to the commercial node at the intersection of Loop 288 and Sherman Dr./FM 428. •Work with TxDOT to construct a limited access connection on Loop 288 Kings Row. Fix King Row/Loop 288 traffic problem; infrastructure improvements before development is permitted. 46 16 THE BACKGROUND CONSIDERATIONS FOR PROPOSING A SMALL AREA PLAN Denton has a rich history and many special attributes that provide for a very high quality of life. These attributes include: • Natural history and geology of the area with prairie lands, Cross Timbers and bottomland forests through which beautiful rivers and creeks flow. • The natural resources with which the area is endowed have led historically to agricultural use, to cattle grazing on the prairie lands, and to a distinctive horse country heritage akin to Lexington, Kentucky, an exceptional legacy for Denton to retain and promote. • A lively music and arts scene in part arising from the world-renowned UNT Music Department and the Denton Arts & Jazz Festival and from local events including the Texas Storytelling Festival and the North Texas Fair & Rodeo. • An interesting history, including Hartlee Field where hundreds of pilots trained during WWII, astronaut Alan Shepard took flight training, and Hollywood came to make films such as "Pancho Barnes" with Valerie Bertanelli. Work is currently being done to gain the field landmark status. The historic Cooper Creek Settlement and Cemetery (recognized as a Historic Texas Cemetery) are in this area as well. Farris Road is named for one of the early pre-civil war settlers. • Extraordinary education resources that enhance citizenship, understanding of our environment, and contribute to music, arts, literature, economy and humanity. • Proximity to the Dallas Fort Worth metroplex, providing ample additional cultural and employment resources • A unique downtown characterized by the central courthouse square surrounded by universities and infused with local businesses, the life blood of the community. The more we consider and enhance these special attributes and resources in conjunction with development, the better the quality of life for Denton residents and the more sustainable it will be. 47 17 Challenges There are significant challenges in that the northeast Denton area is “Land Locked” with limited access to major thoroughfares. It is bordered by important river floodplain areas to the north and east, and railroad tracks (with limited crossings) to the south. Further, this area is bordered to the west by TxDOT limited-access highways, both currently as to Loop 288 and proposed as to FM 428, which will limit access and crossings to two or three choke-points for the entire area. Yet its proximity and direct access to central Denton along Mingo Rd presents a unique opportunity to enhance this locale for recreation and other uses, creating a park with multiple venues, similar to Zilker Park in Austin. Comprehensive Plans - 2030 and 2040 It is important to note that our group, the North Denton Neighborhood Association (NDNA) supports growth in Denton, but in a guided way. Economic growth contributes to well-being by supplying well-paying jobs to the community, which in turn supports the community, a virtuous cycle. This growth, however, should be managed through planning and zoning to encourage an optimal growth pattern, which preserves and enhances resources that are important for quality of life and directs commercial and residential growth to specified areas (as per the Future Land Use Map [FLUM]). The City leadership and staff, in partnership with the community, has done an excellent job drafting a vision and planning for this future, particularly as articulated by the city’s current Comprehensive Plan, the Denton Plan 2030. NDNA believes the Denton Plan 2030 vision statement and preferred growth concept to be even more important and relevant now than in 2015 when it was adopted, given the pressure for growth in North Texas. Denton Plan 2030 represents a well-thought-out guide for growth in the City and surrounding Extraterritorial Jurisdiction (ETJ) areas, representing the best rendition of the will of the residents; the result of many hours of community input. We have concern for the current revision to the Denton Plan 2030. Unfortunately, for the Denton Plan 2040 Plan rewrite, there has been virtually no such visioning and thoughtful sessions beyond a couple of online polling sessions (with multiple choice questions and chat boxes, which are suggestive at best) and which do not provide the opportunity for careful, nuanced discussion that gives rise to consensus. The Denton Plan 2030 continues to be the best and most comprehensive expression of the will of the Denton community to date. This Small Area Plan is intended to guide the Denton Plan 2040 being drafted. 48 18 The Denton Plan 2030 has become even more relevant today as growth is occurring piecemeal around the city, being addressed by individual tracts/proposals as they arise, often in disregard of the Comprehensive Plan (particularly as to zoning). We see significant mobility, traffic, safety and quality of life issues developing as a result of this piecemeal development. Furthermore, and just as important, it precludes the opportunity to create larger value for the community. Models to Follow Consider what New York City would have been like without Central Park, which visionaries set aside as a permanent resource to the city. It is no accident that the highest value properties are found around Central Park, creating great tax density/efficiencies for the city. We propose this plan in the hopes that the leaders of today's Denton will be the visionaries tomorrow's Denton celebrate. Zilker Park in Austin presents another great model for development of a special area for the future benefit of a city with its botanical garden, nature preserve and science center, playscapes, boat rentals, sculpture garden and the nearby Palmer Events Center and the Long Center for the Performing Arts. 49 19 Figure 3. Zilker Park in Austin, TX McKinney has taken a step in this direction as well with its Ervin Park and the Crape Myrtle Trails, but they are separated from McKinney’s other recreation facilities, and do not have the rich university resources nor vision that Denton has to take this to a much higher level and the envy of all of North Texas. The City also should consider what pattern of growth (a) promotes the most efficient use of resources and (b) does not impose an excessive future tax burden on the citizenry. The unrestrained development of residential subdivisions over time will create significant further economic and tax burdens well beyond the benefit of the increased tax base. This unfavorable long-term impact has been well documented in Strong Towns and other literature. Instead, the City should promote economic development primarily in the central city (building up and not out) to provide vitality to the City in a fiscally-responsible manner. We therefore respectfully urge the City leadership and staff to take a step back, take a higher view, as to what vision, what elements the City should have to create the most attractive, livable city in North Texas. Anyone can build more subdivisions. True leaders do more. In our view, the city should promote the following elements: o Vibrant downtown 50 20 o Appropriate public transportation to mitigate traffic o Parks and green spaces o Recreational facilities o Music and arts venues to showcase and support this community, one of the special hallmarks of Denton o Areas designated for business & residential development o Sustainability, both environmental/ecological and economic o Preservation of what is special to our history, to maintain a special culture and local feel to our town, reflecting its heritage. The northeast Denton area has the best potential to develop certain of these resources. This is best done through the implementation of a Small Area Plan (SAP), as presented. AUTHORITY SUPPORTING A SMALL AREA PLAN FOR THIS AREA The Denton Plan 2030: The “Comprehensive Plan” The foundation of our Small Area Plan is the Denton Plan 2030. The Denton Plan 2030 laid out vision and principles for future growth of Denton. We refresh the reader and cite for reference below some of the principles from the plan that guide our vision for this Small Area Plan for northeast Denton. The first paragraph of the Community Vision Statement says “Our exceptional livability, the diversity of choices available to our people in employment, lifestyle, and neighborhood settings; and our North Texas values and culture define what Denton is and what we have to offer. We have realized our vision by respecting and building on our heritage, leveraging our assets, and making wise choices in guiding sound growth and investment, while balancing priorities for our four Strategic Directions: o The Character of Denton o Our People, Institutions, and Government o The Strength of Our Economy o Sound Growth: Our Form and Function” The Character of Denton The Vision Statement states succinctly: “Denton is authentic. Our small-town charm and North Texas heritage are proudly embraced along with positive change, smart and balanced growth, and high-quality development.” 51 21 “Denton is consciously green. We are a leader in our commitment to sustainability and we have a significant tree canopy, a network of parks and greenways, stream corridors, and urban forests.” Denton is fertile territory for creativity and innovation in our vibrant music and arts scene, technology, business, and education. Regarding the point “Denton is consciously green”, the Plan states “As the population grows and development expands over the Plan horizon, providing parks and open space and the conservation of natural resources is essential for maintaining the quality of life and character of Denton.” And “…the following primary considerations… are integrated into goals throughout Denton Plan 2030:” [excerpts follow] ”An integrated green infrastructure network created by the linking of parks and natural resources together through parks, trails, contiguous open space, and natural systems.” ” Prioritization of conservation strategies that achieve integrated conservation objectives, including: protecting air quality, ecosystems and habitat, water body and watershed conservation and quality, and protection of rural, agricultural character.” Sound Growth: Our Form and Function The Denton Plan 2030 establishes an optimal pattern of growth identified as a “Preferred Growth Concept”, based on fiscal, economic, environmental and quality of life factors, and promoting compact, purposeful growth in centers, along certain identified corridors and areas specifically identified for Master Planned Communities. The Preferred Growth Concept calls for a development emphasis on infilling existing land within the city, creating compact centers for growth, and for preserving the open spaces to maintain the historic character and beauty of Denton.2 To quote the Denton Plan 2030 regarding rural fringe areas which includes the SAP area: “In our rural fringe areas of the city and the Extraterritorial Jurisdiction (ETJ) we see… 2 See Denton Plan 2030, Compact Growth Scenario and Preferred Growth Concept plan pages 21-25 and Attachment C. 52 22 o Contiguous, staged growth which is fiscally and environmentally sound, reduces fragmentation and sprawl, discourages premature development, and conserves the City’s future growing room. o Conservation development which retains rural character, protects open space and greenways, enhances development value, and provides greater choices to land owners.” (Community Vision Statement, p. 14) In this spirit, the Future Land Use Map (FLUM) directs preserving the rural aspect of Northeast Denton and recommends “conservation development” as the preferred development pattern for this rural area. NDNA strongly backs this vision. These are the values that we believe can be best supported and expressed for the benefit of the entire City and region in a Small Area Plan for northeast Denton. Denton Development Code (DDC) The Purpose of the DDC is spelled out in section 1.2, which purposes include: • Promote the health, safety, and general welfare of the City’s inhabitants. • Implement the City’s Comprehensive Plan. • Preserve and protect the natural environment. • Encourage the appropriate use of land, buildings and structures. Clearly, the Comprehensive Plan is central to the DDC and is to be followed. As noted above, the Future Land Use Map (“FLUM”) specifically identifies areas for zoning. The northeast Denton area is largely zoned RR (rural – see FLUM, Figure 4). PD development has been permitted by City DDC and so by the City Development Services staff, but has been abused by developers using it to achieve higher density than the zoning map permits without material benefit to the community. Approval criteria (DDC Sec. 2.7.4.D, page 77) states that in reviewing a proposed rezoning to a PD district, the Planning and Zoning Commission and City Council shall consider whether and to what extent the proposed PD district: (a) complies with the goals of the Comprehensive Plan and (b) in the case of residential development, that the development will be compatible with the character of the surrounding area. City Council needs to revisit the Planned Development type zoning criteria to make clearer what is considered significant or an enhancement and must meet or exceed base zoning of an area. 53 23 The surrounding area is largely rural and agricultural land and where there is housing development, is generally an acre or more per home in the ETJ. In the Deerwood Forest neighborhood near Kings Row, the density is generally R3 or lower density, and the area north of Hartlee Field Road is generally very large ranch tracts, each hundreds of acres. Proposed developments for land within the northeast Denton SAP area brought before the City Council to date have been inconsistent with current land use. This warrants special consideration, in light of the special qualities of this area, and which lead us in part to propose a Small Area Plan to make clearer what the desired “appropriate use of land” is for this area. We believe a Small Area Plan herein best reflects the Comprehensive Plan (and FLUM) and will best serve the above purposes of the DDC. Figure 4. Denton Plan 2030 Future Land Use Map 54 24 Denton Small Area Plans The City of Denton website states: “The Denton Plan 2030 was adopted in February 2015 and is the framework by which the city manages growth, promotes reinvestment, and improves the quality of life for citizens for the next two decades. The Land Use chapter [of the Comprehensive Plan] specifically highlights the need for compact and balanced growth that has a purpose within the goals of the city. Small Area Planning is a logical extension of a city's Comprehensive Plan in order to achieve a balanced growth pattern.” “The process for Small Area Planning allows for community members and stakeholders to provide input, create a shared vision, and influence future development policies for a specific area.” “Small Area Planning gives the city the ability to address a localized challenge across city departments and creates public support for implementing a plan of action. A Small Area Plan is a document that provides guidelines for specific policy actions in concert with the vision of the Denton Plan 2030 and with the community vision drafted in the Small Area Plan. The Small Area Plan can identify needs for new Overlay Districts within the plan, identify areas for city-initiated zonings, identify other code amendments, and call for Capital Improvement Projects to be focused in the area.” Hence, given the special attributes and challenges for this area, we recommend a Small Area Plan be developed along the lines herein. WHAT IS SPECIAL ABOUT THIS AREA? Ecology and Wildlife The area proposed for this Small Area Plan is an attractive rural and suburban setting characterized by rolling hills, prairie, Cross Timbers post oak trees, and river bottomland mature forests. Roadrunners, coyotes, and Carolina wrens share the area with the people of Denton. This is an environmentally important and sensitive area. The NCTCOG Regional Ecosystem Framework (“REF”) identified and rated this area as the most environmentally important in all of Denton County, rating the environmental importance on 10 factors. The NCTCOG REF Composite Map is copied below, in which you will note the darkest shading denotes the areas of the highest ecological concern. Further, you see this northeast area of Denton County 55 25 highlighted for our plan is of the greatest environmental importance in the entire region, warranting special consideration. Figure 5. NCTCOG Regional Ecosystem Framework map (North Central Texas Council of Governments - Regional Ecosystem Framework (nctcog.org)) This area has critical importance as a watershed and, more specifically, for drinking water quality for Denton and Dallas Counties. It is also considered a vital wildlife corridor. 56 26 Figure 6. Area map showing floodplain zones covering much of northeast Denton; Proposed Small Area Plan area highlighted. Much of the area is in floodplain and important to wildlife habitat, and is also crucial as a wildlife corridor. The Greenbelt along the Trinity River provides an important wildlife corridor and habitat, which should be preserved and further enhanced. The northeast Denton area also contains important tree resources, particularly in the Cross Timbers oak forests and bottomland stands of mature pecan and other hardwood trees. These are shrinking resources per Texas A&M Forest Service and merit preservation wherever possible: Vegetation Description In north central Texas, the Eastern Cross Timbers vegetative sub-region is a narrow strip of timbered country extending from eastern Cooke County on the Red River south to western Hill County and includes portions of Denton, Tarrant, Johnson, and Hill Counties. Today, few large tracts of undisturbed woodlands remain in the Eastern Cross Timbers which is perhaps the most fragmented vegetative region in Texas. Figure 7. From Texas A&M Forest Service – Texas Ecoregions – Eastern Cross Timbers Texas A&M Forest Service - Trees of Texas - Eco-Regions - Texas Ecoregions (tamu.edu) 57 27 Tree have been identified as an important resource to the City of Denton with the Denton Development Code (DDC) and other initiatives supporting tree preservation. The DDC defines ESAs to include, among other things, “Upland Habitat Areas, a minimum of ten acres in size, that contain remnants of the eastern Cross Timbers Habitat.” A simple review of the satellite photographs suggests the lands governed by this SAP contain possibly the largest stands of remaining eastern Cross Timbers habitat in the City and County. Figure 8. Cross Timbers Forests in North Texas 58 28 Figure 9. Satellite view showing Cross Timbers stands, floodplain and wetlands habitat within in the SAP area. There are also substantial floodplain and riparian zones eligible for ESA status that should be preserved. Heritage of the area This region proposed for a SAP also is rich with the agricultural heritage of Denton, with its crops and grazing lands. Small farms and community gardens are an important part of that heritage and about how Denton defines itself. It is essential to preserve some of this for the enjoyment of the community and as an attractive bicycling and hiking route for the City. 59 29 Recreation This area is a very popularly used for recreation, including hiking and biking. It is common to see 10-20 bicyclists and walkers throughout the area every day, and double or triple that on weekend days. Various bike groups hold races through the SAP community and more bicycle races, runs, and walks could be held in the area if it were preserved as a part of this plan. The Ryan High School men’s and women’s track teams run along Hartlee Field Rd every Saturday morning. Why? Because of the area’s low traffic (i.e., safety), low 30 mph speed limits, varied terrain and natural beauty for a multi-mile running loop that permits the teams being followed by a support vehicle. Figures 10. Bicyclists and High School track team in the SAP. 60 30 Horseback riding is a popular recreation here, and part of Denton’s rich heritage. Northeast Denton contains both large horse and cattle ranches as well as smaller ranchettes with horses and other livestock. The sandy soils of this region make for excellent riding. Figure 11. Horseback riding along Hartlee Field Rd. – an important pastime and tradition and opportunity to define Denton As the City continues to expand, there will be an increased need and community demand to not only support, but encourage, healthy pursuits and recreation. Our vision is to utilize this area as a special resource. History FM 428 is one of the oldest trails and roads in Texas, constituting one of the earliest 25 roads in the state. Denton has a long history. This SAP area includes the early settlement of Cooper Creek. It also includes Hartlee Field, where pilots trained during WWII and aviation enthusiasts regularly gathered for decades after. It is interesting history that the astronaut Alan Shepard, the first American to travel to space and who walked on the moon, trained here. 61 31 These comprise a great heritage to be commemorated and celebrated in our community. These historical sites should be preserved, including Hartlee Field. We are fortunate that Hartlee Field, with its historic hangars, has been preserved by the Carter family, and until recently there was an annual reunion of the pilots who trained there. Filmmakers have loved the open spaces and old hangars and surely could be coaxed back into the area for this special space. Figure 12. The astronaut Alan Shepard, among others, was trained in flight here during WWII.3 The Cooper Creek Settlement is located near Cooper Creek Road/Mingo and Fish Trap Roads and is a part of this Small Area Plan. The land for the cemetery, school and church had been set aside in deeds that date back to the 1870s. The Cooper Creek community was established around 1872 although families had been living in the area before the Civil War. The current Farris Road is named for one of those original families. The area was settled due to the abundance of water, timber and sandy soil. The crops in the area were cotton, corn and other similar crops. Like many rural areas, as the number of farms grew, the community established a school and church along with a cemetery. The area consisted of the cemetery, school and two churches, First Baptist Church (known commonly as Cooper Creek Baptist Church) and First 3 https://www.dentoncounty.gov/DocumentCenter/View/3245/2020-Special-Edition-WWII-Retrospect-PDF 62 32 Methodist Church (known commonly as Cooper Creek Methodist Church). Cooper Creek is similar to the other agriculturally based communities in Denton County including Green Valley, Bolivar, Drop and Chinn’s Chapel. Cooper Creek was an active community with participation centered at the school, churches and cemetery. The cemetery was part of the social structure and focal point of this farming community.4 In addition to significant history of the people of the area, there is a very interesting natural history to the area which presents educational opportunities for learning. The northeast Denton neighborhood is bound inside the arms of Clear Creek. The stream channel, and the lush flood plain forests beyond its banks are enjoyed by some for solitude, others for a jog in the quiet of nature. The flood plain rises steeply to a mile-wide flat surface- a river terrace of Clear Creek that formed more than 30,000 years ago. Fossils of mammoths, horses, sabre-tooth cats and other extinct animals are buried below the terrace surface. The clay soils on the terrace supported native prairies, as can still be seen at the Clear Creek Nature Center. Above the terrace to the west, the Woodbine Sandstone has weathered into sandy soils that are favored by the Post Oaks and Blackjack Oaks that make up the Cross Timbers, the famous forest belt that divides the black prairies to the east and west of Denton. This neighborhood has a unique, habitat-rich environment that illustrates our natural history as well as how Dentonites have used and lived on this land. These could be brought to life for students and adults both with a natural history trail, dioramas and signage presenting the fascinating geologic and natural history of the region. As development in this area is now active, the time is short to develop a comprehensive and coordinated plan that will enable future residents, visitors and school groups to appreciate our rich environment, and to enjoy that environment in many ways. Physical connections are important to the visitors who will walk, run, and bike from forest to prairie to flood plain. Every effort should be made to create trails and spaces dedicated so that the story of this landscape can be seen and enjoyed. Culture: Music and Arts Music and the Arts is a very large part of the culture here in Denton. This is a huge part of the Denton “brand.” The lively music and arts scene is seeded by the world-renowned Music Department of UNT, by TWU and by local events such as the Denton Arts and Jazz Festival , which attract a large national audience.5 Arts are a cherished part of the quality of life in this town. This SAP provides a vision for venues to showcase music and arts and to attract a larger 4 Source: Emily Fowler ad Alma Lain Chambers, ed. Towns and Communities of Denton County. 5 Over 200,000 people from over 100 Texas cities and some 32 states attend. https://dentonjazzfest.com/ 63 33 audience to Denton, which in turn support our local restaurants, businesses and lend vitality to the town. An outdoor theater or other attractive rural venue would only further highlight the specialness of Denton. Education Because this area has a special history and character, it lends itself to interesting educational opportunities. The opportunity to expand the terrific work of the Denton Office of History and Culture into the area, whether with Denton ISD or local historians, is obvious. The ecology of the area with its agricultural use, varied terrain from prairie to Cross Timbers forest to bottomland forests, and wildlife habitat provides an excellent opportunity to present education opportunities to the community as well. This suggests an arboretum presenting the different forest types. We recommend a perfect location that in a small footprint has prairie, Cross Timbers and bottomland forests to highlight. There is an opportunity to have a nearby botanical garden to highlight the same in terms of both flora and fauna – exhibiting indigenous species for each habitat type. We also have the opportunity to return much of the area to native plants, thus encouraging butterflies, bumblebees, and other important creatures of nature. Denton is particularly suited to this because of our wonderful local Universities, including TWU which is a national leader in this area. Art education would benefit from retaining the natural habitat of the area as well, providing spaces for artists of all sorts to teach and create within nature. Wildlife Corridor North Texas is teaming with a variety of wildlife species. From the iconic road runner to the beloved hummingbird, this area is a birdwatcher’s paradise. Armadillos, lizards, turtles, snakes, frogs, and toads provide delightful educational and discovery adventures for children and adults alike. Coyotes and bobcats help keep ecological balance in the area. What a great project destination, say for scout troops, who might construct bluebird nesting boxes and plant native milkweed to sustain Monarch butterflies.6 6 www.inaturalist.org lists the many species of wildlife in this area. 64 34 WHAT ARE THE CHALLENGES TO THE AREA THAT GIVE RISE TO THE NEED FOR A SAP? An unbridled piecemeal development has been proposed for this area as a wave of homebuilding in North Texas overtakes Denton County and the City. This has led to suburban sprawl spreading over the region, creating seas of rooftops, dramatically changing the character of the landscape. Now is the time for the City to consider its long-term future and set aside lands for parks and recreation and to reserve through zoning parts of the City areas for rural and agricultural uses before the opportunity is lost to piecemeal development. Traffic issues have reached critical Level of Service (“LOS”) F [the worst] for the roads that pass along or through the area. This is because the area is essentially a land locked cul-de-sac with limited egress, bounded to the north and east by rivers/creeks and their floodplains and the railroad tracks to the south along Mingo Rd which have but two crossings (at Geesling Rd. and Cooper Creek Rd.). Traffic from the area wants to get to Loop 288 due to its access to shopping, services and to the interstate. This has created a trapped neighborhood that puts great traffic strain on the two points of access to the main roads, Loop 288 and FM 428. Sherman Drive (FM 428) north of Loop 288 has a LOS F, even BEFORE the new developments of Stark Farms and Agave Ranch. Furthermore, it is no longer permitted to turn left towards the City center out of Hartlee Field Rd. serving this area, which means traffic from the Hartlee Field Rd. and ETJ areas essentially needs to exit at King’s Row intersection. Left turns onto FM428 southbound are a challenge in any event, given the traffic converging on and emerging from the intersection at Loop 288. Kings Row is a LOS F near the intersection of Loop 288; this is BEFORE the proposed development of the Brown Tract (Kings Way Development), the Windsor development along Silver Dome/Farris, the expansion of the trailer park on the north side of Silver Dome, and the potential development of the Carter Property. During the Hodge Elementary School pickup & drop-off times, traffic is backed up along Loop 288 with traffic going 60-65 mph by them – frightening! Traffic safety and LOS will be severely impacted by further development of the area. These traffic issues must be addressed before any further development should be approved. Otherwise, significant safety issues will expand exponentially and children’s lives may be lost. 65 35 Figure 13. Two challenging traffic intersections, each LOS F The proposed Mobility Plan for the city proposes putting Primary and Secondary arterials on the country roads, which would degrade the quality of life for residents along those roads and take their lands, for which substantial opposition has arisen in the community. There is inadequate infrastructure for development, with no city sewer lines or water lines northeast of Loop 288 (except for a small area of the Deerwood neighborhood). Further development would add a significant financial burden to the city in time. Most homes in the SAP area have their own or, in some cases, joint water wells; the City water system serves only the Deerwood neighborhood. The lack of infrastructure was going to cause Taylor Morrison for their development of the Carter land to run a sewer line along Farris Rd, which the County does Mingo Rd does not access Loop 288 FM 428 to become limited-access highway in TxDOT Plans, such that access will be limited to head into town, creating bottlenecks No left turn permitted onto Sherman Dr. from Hartlee Field Rd. No left turn permitted onto Sherman Dr. from Hartlee Field Rd. No left turn permitted onto Sherman Dr. from Hartlee Field Rd. No left turn permitted onto Sherman Dr. from Hartlee Field Rd. Bottleneck LOS 5 at Kings Row and 288 Loop 66 36 not permit along County road rights-of-way and which would violate minimum distance/offset requirements between water wells and sewer infrastructure for residents along the road. Denser development of the SAP area would also create ecological problems as suburban runoff from lawn fertilization and increased flow from roofs and pavement would adversely affect water quality and flood/erosion potential. Furthermore, wildlife and their habitat is shrinking, being increasingly confined to more restricted areas. As well, City Planners and developers are not paying sufficient attention to the Denton Plan 2030, particularly as to zoning, getting around the plan by being offered PDs and PIDs which allows them to break and get around the stated zoning to achieve higher density than the zoning allows. This should not be permitted! The Denton Plan 2030, including its FLUM, represents the best and most comprehensive expression of the will of the community, and has only grown subsequently in its importance. Lastly, this SAP area has relatively close proximity to the central part of Denton (via Mingo Road and Sherman Drive), which access can be enhanced. This proximity is why we see so many bikes and use of the Clear Creek Natural Heritage Center. The Denton Plan 2030 and the Future Land Use Map promote a diversity of housing choices as laid out in the FLUM. Because of the problems with current access, this SAP area should be left largely at rural and agricultural zoning. Low density zoning may also attract higher-income executives to come to Denton and establish businesses here, consistent with the Comprehensive Plan’s desire for a diversity of housing. Currently there is a dearth of high- income homes available for executives in the City, which will limit the appeal of Denton for higher income service and other businesses, such as financial service, investment and consulting firms, limiting its ability to attract a targeted segment for business development. This is one reason why Charles Schwab, Fidelity and Deloitte for example, chose Westlake, and not the City of Denton, for its new headquarters. This is not in any way to diminish the need for affordable housing; there have been no community objections raised to the expansion of Woodhaven Mobile Home Community here, which is more than doubling its size, offering additional affordable housing in the area. The Woodhaven Mobile Home Community on Silver Dome Road currently has some two hundred homes. It will soon double to four hundred. The homes, with community fees, tend to cost families about $1,200 per month. This is "affordable housing" much more so than the $300,000 plus homes pushed by some developers as "affordable." We support the growth of this community and believe they are an important part of this area and will greatly benefit from this proposed Small Area Plan. In summary, this northeast area of Denton provides enormous opportunities to enhance the quality of life in our town. 67 37 THE OBJECTIVES FOR THE SMALL AREA PLAN In overview our objectives in developing a SAP are (1) to enhance the quality of life in Denton, (2) promote environmental preservation and sustainability, (3) encourage historic preservation, (4) foster economic sustainability, and (5) create a meaningful and exciting legacy for the City. We look to do this by creating a green oasis convenient to central Denton that includes: • walking, • running, hiking, biking and horseback trails through a scenic area close to town, • the bike park, • an arboretum & botanical garden each highlighting indigenous species and providing educational opportunities for all, • music and arts venues, • a natural history trail with signage informing of the geological and natural history of the area, • agricultural and ranch land preservation (preserving our heritage), • museums on aviation and early Texas history of the region, and other ideas. We encourage the many existing tracts of remaining Cross Timbers forest be protected by ESAs. Residential development should be in the areas closest to Loop 288 with a density no less than that consistent with the existing land use, and with land use increasingly rural as we proceed toward the northeast direction - with the northeasterly-most areas remaining either park land or agricultural. Commercial development would be at certain nodes such as the intersection of Sherman Dr./FM 428 and Loop 288; this would encourage walking or biking to food and services, reducing auto travel. We encourage Denton to create a program to purchase land for parks or to purchase development rights from landowners who might seek to sell, encouraging the land to remain rural and agricultural – a green space for the city. The Denton community prizes open space, greenbelts and recreation opportunities. Here are some comments from Facebook illustrating the meaning to the community of such green spaces; the people specifically were commenting on proposed development and expansion of local country roads in northeast Denton: “Clear Creek is our favorite place in Denton, and we try to get there every week. In fact, I am not exaggerating when I say that it’s been important to our peace of mind and coping during the pandemic. It’s a true treasure, and needs to be protected. Any changes to the road need to be made with absolute care that one of the best parts of Denton is not adversely affected.” 68 38 The following comments are from the “Final Denton County Greenbelt Plan For the Future”: “Denton needs to wake up and realize that preserving natural places, and open green spaces within and near town are very much long term investments that will pay huge dividends in the future to a wide group of people. This all smacks of once again wanting to make Denton attractive to developers in the short term, decisions meant to lure more people here, rather than serve the ones who are here already.” “Greenbelt and riparian areas are naturally occurring water treatment facilities. In these areas the watershed is shallower and closer to the surface. When downstream of urban runoff, they can help offset some of the pollutants that runoff from developed areas. They also help to retain and release water [throughout] the year as the soil and plants help absorb winter runoff and precipitation.” “A compelling fact: It is much more cost effective to protect greenbelts and stream corridors with greenbelt opportunities now, rather than later try to restore them after they have been lost to nearby development.” “The cost of urban stormwater pollution control increases as urbanization increases. It is more cost effective to initiate control early on. In other words, protection of area watersheds prior to development pressures or impacts is imperative for cost effective stormwater management.” “We drove on Hartlee Field this wknd, just a local drive to get out and explore (pandemic entertainment) and saw the signs. The residents clearly feel an expansion would be a bad decision. That needs to be respected. It’s a lovely area that deserves protection.” 69 39 The Following figure from the “Final Denton County Greenbelt Plan For the Future” identifies the critical watershed areas for Denton County that are to be protected. This is a major objective and driver for our plan – preserving watershed and water quality. We also seek to preserve wildlife habitat, which is rapidly shrinking in the City of Denton. “For me and my family, we chose our home in Denton County when relocating to Texas from California several years ago due to the Greenbelts. These areas help to offset urban sprawl giving us a feel of space which we did not have in the over populated cities in California. In addition, the trails that run through many of the Greenbelts give us a way to get out, get active, and enjoy nature without having to take a long drive.” 70 40 A conceptual plan and map for the area might look like this: Figure 14. Geographical conception Bike & Walking paths to access commercial zone from North Agricultural/RR-5 Agricultural/RR-5 Agricultural/RR-5 North Gateway: planted buffer & berm along FM 428 Flood Plain/Nature Preserve Residential Development R3/R2 Outdoor Amphitheater Community Center Aviation Museum Bike Park Botanical Gardens Arboretum Clear Creek Natural Heritage Center Bike & Walking paths w/ buffer, to access venues to northeast from City Residential Development R4 Residential Development R4 Commercial Development Node Wildlife Corridor Wildlife Corridor Commercial Development Node Agricultural/RR-5 Butterfly Park 71 41 Conclusion In conclusion, we have an extraordinary opportunity to create a great legacy for the Denton community. The Northeast Denton area is endowed with extraordinary beauty, rivers, wildlife, agricultural heritage, and varied terrain that are appreciated today by many for recreation, relaxation, and enjoyment of the natural surroundings. Yet these assets are threatened by unbridled development that would replicate the suburban sprawl we see in Frisco and in other surrounding communities. We see from the Denton Plan 2030 that most existing residents in our community value Denton greatly for its quiet and attractive downtown, variety of housing attracting diversity to the community, its centers of learning, its arts and music, and its easy access to recreational opportunities offered by the surrounding rural area, and do not wish to duplicate the suburban cookie-cutter development model we see across much of the DFW area. We recognize that residential growth will consume much of the surrounding area, and is indeed, to a reasonable extent, healthy for the vitality of Denton, but believe strongly that some of this rural land should be preserved in a rural aspect for future enjoyment, much like we have seen in Austin and other cities who designated certain lands for naturalistic settings, wildlife corridors, recreational ways & facilities, and artistic, educational and community venues.7 Further, this area in Northeast Denton has challenges due to its physical isolation (a land-locked cul-de-sac surrounded by rivers, floodplains and greenways to the north and east, and limited- access roadways to the south and west), which has already created unsafe road bottlenecks and congestion, which would be significantly exacerbated by any meaningful further growth. So instead, we propose the City turn this challenge into an opportunity by exploiting the area’s special attributes and creating an extraordinary asset out of this area in the form we have described in this Plan to create an exciting legacy unlike that seen in any other North Texas community. We know this is a bold plan. We recognize there is cost to this which we believe can be mitigated by partnership with and investment from both for-profit and non-profit organizations. There are models for us to follow – and Denton will become a model for others to come.8 The Denton Economic Development Partnership touts parks and open spaces as 7 Even the state of Florida recognizes – and acts upon – the need to preserve some land: https://www.newyorker.com/news/us-journal/floridas-remarkable-new-wildlife-corridor-from-the-panhandle-to- the-keys 8 The City of Denton Animal Shelter went from being a razor-wired high-kill shelter to a no-kill shelter in a green facility that serves as a model for shelters around the nation (indeed, the world) because caring people dared to dream big. 72 42 essential to Denton’s quality of life. Corporations today want to support their communities, especially projects which align to their interests and values, such as “green” communities – something Denton strives to be – as well as museums, music and arts. This plan demonstrates, in a very real way, Denton’s commitment, thus making it even more attractive to businesses not just for their employee’s quality of life, but for their own pro-bono and, potentially, promotional purposes. If we want to expand economic growth in Denton we need to add more than just new neighborhoods. We need to give corporations and local businesses that something extra to bring them here to stay. We see opportunities for local and corporate sponsorship as well as state and federal grants to help pay for it all. The Texan by Nature program, begun by Laura Bush, seems to be a particularly good opportunity.9 Groups who have historically donated to projects such as this one include the Healthy Hive Foundation (and others of that sort) along with corporations such as American Airlines, UPS, Wells Fargo, and Target. Other partners could help with each part of this proposal. We see area non-profits such as the Greater Denton Arts Council and Denton Film working alongside local businesses such as the Painted Flower Farm, Meador’s Nursery, local distilleries and breweries such as the Bearded Monk or Armadillo Ale Works, and others. We envision working with local business partners such as Day’s Hardware alongside national companies such as Home Depot. We envision partnering with the area universities and school districts throughout the county helping promote their STEAM education initiatives. We envision support and energy for this project from area bicycle, hiking, running, gardening, music, theater, and art groups. This is the opportunity to think big, have fun across the communities and groups of Denton, and to create an exciting legacy for all. Seeing the excitement generated among the Northeast Denton community who conceived this vision, we hope the City Councilors, City staff, and the rest of the community will immediately see the long-term benefit of this Plan and join us in this endeavor. We look forward to your guidance in how to make this wonderful vision a reality. 9 https://texanbynature.org/programs/conservation-wrangler/ 73 43 A final reminder of what a little planning ahead can accomplish. Central Park, New York City Let’s Dream Big Together! 74 44 75 Facility Condition Assessment  The Facilities Team is developing comprehensive and inclusive decision‐making strategies regarding City  Building construction, renovations, and maintenance. As part of this initiative, we have realized there  has been a significant amount of deferred maintenance on many of our buildings, and many structures  may have exceeded their useful life entirely. Prior to expending significant amounts of dollars into  remodels and renovations, we are engaging a firm to conduct Facility Condition Assessments (FCA).  These FCA will be used to successfully identify all the aging components and establish accurate life  cycles for equipment, infrastructure, and buildings.   A FAC is a process that analyzes the physical condition of a facility and its equipment. The assessment  considers several factors, including building age, design, assets, materials used, and more. FCAs are a  technical investigation to provide an accurate projection of correcting existing deficiencies and  maintaining the property over time.   Facility Condition Assessments Contents:  • Current conditions of assets (such as roofing, mechanical, HVAC, plumbing, structural and  lighting)  • Forecast of each asset’s effective age and estimated lifespans  • Cost analyses and timelines for capital budget  • Estimation of costs to correct the deferred maintenance backlog  • Identification of any code‐related deficiencies or compliance concerns    A Facility Condition Index (FCI) is an industry‐standard metric that serves as an objective benchmark  following an FCA. FCI is calculated by taking the total cost of existing renewal/repair costs and dividing  this number by total estimated replacement value.     City Wide – Facilities Master Plan  To create a comprehensive understanding of all City departments needs and plans, the Facilities Team is  in the process of engaging a firm to develop a comprehensive City‐wide Facilities Master Plan (CFMP),  taking into consideration:   FCA and subsequent FCI results   Existing department Master Plans   Projected future service growth and appropriate facility requirements for 2025, 2030, 2035, and  2040  76  The immediate critical needs for new and/or renovated spaces to continue to function  effectively   Provide recommendations on centralized and decentralized building locations      The results of the CFMP will be the creation of a “picture” of the City’s properties and facilities needs  through 2040. This data will assist in future decision‐making on where and when remodels or new  constructions are warranted and are fiscally responsible.  It is important that this data is available before proceeding on some of our more extensive remodels and  new construction projects. As a result, some of these projects may be delayed in order to ensure we are  making long‐term, cost‐effective and operationally successful decisions.  77 Date: January 7, 2022 Report No. 2022-001 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Quarterly Financial Report for the period ending September 30, 2021. BACKGROUND: Attached for your review is the Quarterly Financial Report for the period ending September 30, 2021. If you have any questions or need additional information, please let me know. STAFF CONTACT: Cassey Ogden, Finance Director (940) 349-7195 cassandra.ogden@cityofdenton.com 78 Date: December 29, 2021       INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Quarterly Financial Report for the period ending September 30, 2021. BACKGROUND: Attached for your review is the Quarterly Financial Report for the period ending September 30, 2021. If you have any questions or need additional information, please let me know. STAFF CONTACT: Cassey Ogden, Finance Director (940) 349-7195 cassandra.ogden@cityofdenton.com 79 80 About This Quarterly Financial Report This report has been prepared by the City of Denton’s Finance Department. The Quarterly Financial Report is intended to provide our users (internal and external) with information regarding the City’s financial position and economic activity. This report includes information for the quarter ending September 30, 2021. This report is presented in four sections. 1. The Executive Dashboard section contains a high level summary of the major operating funds using graphic illustrations and key economic indicators. Narrative disclosures are also included to highlight any significant changes or fluctuations. 2. The Financial Summary section reports the performance of the major operating funds of the City. In addition, the report provides preliminary actuals and a comparison to the budget for major revenue sources and expenditure items. 3. The Revenue & Economic Analysis section provides additional analysis regarding key revenue sources and economic indicators. 4. The Quarterly Investment Report section provides a summary of the City’s investment portfolio, interest earnings and a brief market outlook. The Quarterly Financial Report is intended to provide our users with timely and relevant information. Please provide us with any comments or suggestions you may have. If you would like additional information, feel free to contact me. Cassandra Ogden Director of Finance 215 East McKinney Street Denton, TX 76201 940-349-7195 81 Section 1 City of Denton Quarterly Financial Report September 2021 Executive Dashboards 82 Note:  All figures presented are in millions of dollars.FY 2020-21FY2020-2021ANNUALPRELIMINARYDESCRIPTIONBUDGET 1ACTUALS VARIANCEBeginning Fund Balance as of 09/30/20 31.67$ 33.78$ RESOURCES: Ad Valorem Taxes48.34 49.50 2% Sales Tax37.10 45.40 22% Franchise Fees4.00 4.00 0% Other Taxes0.31 0.38 23% Service Fees7.77 9.46 22% Fines and Fees3.53 1.56 -56% Licenses and Permits6.12 5.94 -3% Miscellaneous Revenue5.57 3.33 -40% Transfers In27.48 27.99 2%Use of Fund Balance3.32 - -100%Total Revenues143.54 147.56 4%Total Resources175.21 181.34 EXPENDITURES: Personnel Service97.39 97.62 0% Material and Supplies3.37 2.78 -18% Maintenance and Repairs1.65 1.53 -7% Insurance1.55 2.41 55% Miscellaneous1.72 1.18 -31% Operations14.94 17.26 16% Transfers Out22.34 19.82 -11% Fixed Assets0.58 0.48 -17%Total Expenditures143.54 143.08 0%Net Income (Loss)0.00 4.48 Ending Fund Balance31.67$ 38.26$ FY 2020-21City of Denton, Texas General Fund Executive Dashboard $‐ $20 $40 $60 $80 $100 $120 $140 $160Revenue & Expenses (in Millions)YTD RevenueYTD ExpensesKey TrendsSales tax is higher than budget due to an increase in consumer spending.Other taxes are higher than budget due to increased mixed beverage tax collection.Fines and fees are lower than budget due to the pandemic.Insurance is higher than budgeted due to higher insurance premiums.Transfers out are higher than budget due to revenue funding in projects. $‐ $0.5 $1.0 $1.5 $2.0 $2.5 $3.0 $3.5 $4.0 $4.5Sales Tax Monthly Average by Quarter1Annual adopted budget as amended or modified. Beginning Fund Balance represents the amount which was estimated in the FY 2020‐21 budget process.83 Note: All figures presented are in millions of dollars. City of Denton, Texas Electric Fund Executive Dashboard FY 2020-21 FY 2020-21 ANNUAL PRELIMINARY FY 2020-21 DESCRIPTION BUDGET 1 ACTUALS VARIANCE Beginning Working Capital and Reserves as of 9/30/202 77.92$ 110.06$ RESOURCES: Rate Revenues 142.18 143.12 1% Transmission Revenue 55.60 52.56 -5% Other Revenues 9.07 3.39 -63% DEC Revenues 24.55 138.89 466% Total Revenues 231.40 337.95 46% Total Resources 309.32 448.01 EXPENDITURES: Purchased Power 210.84 165.63 -21% DEC Fuel 12.48 29.68 138% Transmission of Power 19.18 17.74 -8% Personnel Service 20.29 18.15 -11% Operation and Maintenance 35.12 30.50 -13% Debt Service 55.50 55.01 -1% Transfers Out 17.14 16.73 -2% Capital Outlay 0.55 0.45 -18% Total Expenditures 371.10 333.89 -10% Net Income (Loss)(139.70) 4.06 Purchaed Power Covered through Debt Financing 140.00 Ending Working Capital and Reserves 78.22$ 114.12$ $0 $50 $100 $150 $200 $250 $300 $350 $400 $450 $500 Revenue & Expenses (in Millions) YTD Revenue YTD Expense Key Trends As a result of winter storm Uri, both revenues and expenditures for Purchased Power exceeded the original FY 2020-21 budget. A budget amendment in the amount of $140 million was approved by Council in March 2021. In September, Purchased Power expenditures were reduced by $140 million and covered by long-term debt. Therefore, the year-end actuals for Purchased Power is lower than the final approved budget amount. These purchased power costs will be recognized over the 30-year life of the debt. The Beginning Working Capital and Reserves is $23 Million higher than budgeted as a result of lower Purchase Power costs, lower DEC fuel, reduced operational costs and receipt of $5.6 Million in unanticipated revenue from TMPA in FY 2019-20. 0 100 200 300 400 500 600 3Q 15 1Q16 3Q16 1Q17 3Q17 1Q18 3Q18 1Q19 3Q19 1Q20 3Q20 1Q21 3Q21 2015 – 2021 Historical Quarterly GWH Sales 1 Annual adopted budget as amended or modified. Beginning Fund Balance represents the amount which was estimated in the FY 2020-21 budget process. 2 Beginning Working Capital and Reserves as of 9/30/20 increased by $8.87 million as a result of the change in classification of purchased power escrow deposit accounts. 84 Note:  All figures presented are in millions of dollars.FY 2020-21FY2020-2021ANNUALPRELIMINARYDESCRIPTIONBUDGET 1ACTUALS VARIANCEBeginning Working Capital and Reserves as of 09/30/20222.67$ 23.34$ RESOURCES: Water Sales39.58 37.47 -5% Other Water Revenues1.16 1.64 41% Transfers In1.68 1.46 -13% Impact Fee Revenue6.60 6.61 0% Use of Reserves3.92 - -100%Total Revenues52.94 47.18 -11%Total Resources75.61 70.52 EXPENDITURES: Personnel Services8.65 7.70 -11% Operations, Services11.26 9.75 -13% Capital Outlay16.71 12.45 -25% Debt Service11.06 10.90 -1% Transfers Out5.26 5.24 0%Total Expenditures52.94 46.04 -13%Net Income (Loss)- 1.14 Ending Working Capital and Reserves 22.67$ 24.48$ FY 2020-21City of Denton, Texas Water Fund Executive Dashboard $‐ $5 $10 $15 $20 $25 $30 $35 $40 $45 $50Revenue & Expenses (in Millions)YTD RevenueYTD ExpensesKey TrendsOther Water Revenues are favorable to budget due to increases in tapping fees and raw water resale revenuesGeneral Fund Transfers were favorable to budget due to lower than expected expenditures.Capital Outlay are favorable to budget due to current pandemic and supply shortage.1Annual adopted budget as amended or modified. Beginning Fund Balance represents the amount which was estimated in the   FY 2020‐21 budget process.2The Beginning Working Capital balance excludes $14.79 M of Impact Fee Reserves and $1.00 million for Development Plan Line Reserves.05001,0001,5002,0002,5002014‐2021 Historical Quarterly Gallons Sold (in Millions)85 FY 2020-21FY 2020-21ANNUALPRELIMINARYFY2020-21DESCRIPTIONBUDGET 1 ACTUALS VARIANCEBeginning Working Capital and Reserves as of 09/30/20215.07$ 16.36$ RESOURCES: Wastewater Fees25.51 23.84 -7% Other Wastewater Revenue1.68 1.93 15% Drainage Fees5.10 5.17 1% Transfer In0.60 0.24 -60% Impact Fee Revenue4.27 4.27 0%Total Revenues37.16 35.45 -5%Total Resources52.23 51.81 EXPENDITURES: Personnel Services8.42 8.05 -4% Operations, Services9.27 8.48 -9% Capital Outlay6.77 6.82 1% Debt Service6.77 6.57 -3% Transfer Out5.64 5.38 -5%Total Expenditures36.87 35.30 -4%Net Income (Loss)0.29 0.15 Ending Working Capital and Reserves 15.36$ 16.51$ Note:  All figures presented are in millions of dollars.City of Denton, Texas Wastewater Fund Executive Dashboard $‐ $5 $10 $15 $20 $25 $30 $35 $40Revenue & Expenses (in Millions)YTD RevenueYTD ExpensesKey TrendsOther wastewater revenue are favorable to budget due to increase in compost revenue sales.Transfers in were favorable to budget due to an increase in other revenue.Personnel and Operations were favorable to budget due to a reduction in maintenance and projects.1Annual adopted budget as amended or modified. Beginning Fund Balance represents the amount which was estimated in the FY 2020‐21 budget process.2The Beginning Working Capital balance excludes $8.23 million of Impact Fee Reserves, $1.0 million for Drainage Reserves, and $0.94 million for Development Plan Line Reserves. ,0001,2001,4002014‐2021 Historical Quarterly Gallons Billed (in Millions)86 FY 2020-21 FY 2020-21ANNUALPRELIMINARYFY 2020-21DESCRIPTIONBUDGET ACTUALS VARIANCEREVENUES: Residential Drainage Fees1.96$ 2.00$ 2% Nonresidential Drainage Fees3.13 3.17 1% Wastewater Resources0.45 - -100% General Fund Transfer0.36 - -100%Total Revenues5.90 5.17 -12%EXPENDITURES: Personnel Service2.33 1.69 -27% Operations, Services0.80 0.68 -15% Capital Outlay2.09 2.36 13% Debt Service- - 0% Transfer Out0.68 0.44 -35%Total Expenditures5.90 5.17 -12%Net Income (Loss)-$ -$ Note:  All figures presented are in millions of dollars.City of Denton, Texas Drainage Operations Executive Dashboard $‐ $1.0 $2.0 $3.0 $4.0 $5.0 $6.0 $7.0Revenue & Expenses (in Millions)YTD RevenueYTD ExpensesKey TrendsGeneral Fund Transfers were favorable to budget due to lower than expected expenditures.Personnel Service, Operations expenditures are favorable to budget due to ongoing COVID pandemic.Capital Outlay expenses are over budget due to year‐end expenditure true‐ups an additional funding provided for the channel rehabilitation drainage project.87 FY 2020-21 FY 2020-21ANNUAL PRELIMINARY FY 2020-21DESCRIPTIONBUDGET 1ACTUALS VARIANCEBeginning Working Capital and Reserves as of 09/30/20214.20$ 11.06$ RESOURCES: Collection & Disposal 32.51 30.73 -5% Recycling 5.65 6.86 21% Other Revenue1.65 0.47 -72% Use of Reserves4.31 4.24 -2%Total Revenues44.12 42.30 -4%Total Resources54.01 49.12 EXPENDITURES: Personnel Service10.72 10.71 0% Operations, Services7.78 6.70 -14% Capital Outlay10.73 10.41 -3% Debt Service6.97 6.93 -1% Landfill Closure1.97 1.89 -4% Transfer Out0.70 0.70 0% Admin Transfers Out5.25 4.96 -6%Total Expenditures44.12 42.30 -4%Net Income (Loss)- - Ending Working Capital and Reserves14.20$ 6.82$ 01,0002,0003,0004,0005,0006,0007,0008,0009,00010,0002020Qtr 12020Qtr 22020Qtr 32020Qtr 42021Qtr12021Q22021Q32021Q4Refuse TonnageRecycling and  ReuseTonnageResidential Curbside Collection TonnageNote:  All figures presented are in millions of dollars.City of Denton, Texas Solid Waste Fund Executive DashboardKey TrendsRoll‐off revenue has been impacted by some illegal 3rdparty haulers and vehicle down time.Commercial recycling revenue is higher than budget due to an increase  in participation.Other revenue was lower than budget due to expected revenue from asset sales.Repairs & Maintenance is down due in part to supply chain issues from the pandemic.Operations, Service expense is lower than projected due to  COVID savings and newer equipment that requires less maintenance.05,00010,00015,00020,00025,00030,0002020Qtr 12020Qtr 22020Qtr 32020Qtr 42021Q12021Q22021Q32021Q4Commercial Refuse & Recycling (Front & Side Load)Cubic Yards Serviced per WeekCommercial RefuseCommercial Recycling1Annual adopted budget as amended or modified. Beginning Working Capital and Reserves represents the amount which was estimated in the FY 2020‐21 budget process.2The Beginning Working Capital and Reserves excludes $11.4 million of Landfill Closure/Post Closure reserves.88 City of Denton, Texas Airport Fund Executive DashboardKey TrendsFuel Flowage Fees are greater than budget due to an unexpected increase in fuel sales.Operations services are projected lower due to the ongoing pandemic.Investment income is projected lower due to current interest rates.Gas Well Royalties are greater than budget due to current gasoline prices during the pandemic. 20,000 30,000 40,000 50,000 60,000AIRPORT OPERATIONS BY QUARTER(takeoff or landing by fiscal year)Note: All financial amounts presented are in millions of dollars.FY 2020-21 FY 2020-21ANNUALP RELIMINARYDESCRIPTIONBUDGET 1ACTUALS VARIANCEBeginning Working Capital and Reserves as of 09/30/202.90$ 2.97$ RESOURCES: Airport Ground Leases0.790.82 4% FBO Commissions0.160.22 36% Fuel Flowage Fees0.100.12 25% Use of Reserves0.620.00 -100%Total Operating Revenues1.67 1.16 -30%EXPENDITURES: Personal Service0.370.35 -5% Operations, Services0.390.21 -46% Transfer Out0.45 0.45 1%Total Operating Expenditures1.21 1.00 -17%Net Operating Income (Loss)0.46 0.15 NON-OPERATING REVENUES: Investment Income0.090.03 -66% Gas Well Royalties0.210.42 101% Miscellaneos Income0.000.16 0%Total Non-Operating Revenues0.30 0.61 103%NON-OPERATING EXPENDITURES: Debt Service0.76 0.76 0% Transfer Out - Capital- 0.05 0%Total Non-Operating Expenditures0.76 0.81 7%Net Non-Operating Income (Loss)(0.46) (0.20) Net Income (Loss)- (0.05) Ending Working Capital and Reserves2.90$ 2.92$ 1Annual adopted budget as amended or modified. Beginning Working Capital and Reserves represents the amount which was estimated in the FY 2020‐21 budget process.$0.0$1.0$2.0$3. 2018 2019 2020 2021GAS WELLREVENUE(in millions of dollars by fiscal year)89 FY 2020-21 FY 2020-21ANNUAL PRELIMINARYDESCRIPTION BUDGET 1ACTUALS VARIANCEBeginning Wo rking Capital and Reserves as of 09/30/20 3.97$ 4.50$ RESOURCES: Franchise Fees 13.63 13.72 1% Street Cuts 0.38 0.02 -95% Investment Income 0.05 - -100% Transfers In 1.24 1.24 0% Use of Reserves 0.59 - -100%Total Revenues 15.89 14.98 -6%Total Resources 19.86 19.48 EXPENDITURES: Personal Service 3.31 3.06 -8% Materials & Supplies 0.20 0.07 -65% Maintenance & Repairs 5.89 6.01 2% Operatio ns , Services 1.10 0.77 -30% Transfer Out 1.56 1.24 -21% Capital Outlay 3.83 3.83 0%Total Expenditures 15.89 14.98 -6%Net Income (Loss) - - Ending Fund Balance 3.97$ 4.50$ FY 2020-211Annual adopted budget as amended or modified. Beginning Fund Balance represents the amount which was estimated in the FY 2020-21 budget process.City of Denton, Texas Street Improvement Fund Executive DashboardKey TrendsStreet cuts are lower than budgeted due to utilities department completing own repairs.Investment income was lower than budgeted due to current COVID pandemic.Ninety‐Six miles of surface treatment was completed in the 4thquarter. There were no surface treatments completed in the 4thquarter of FY19‐20.Lower than expected expenditures for YTD actuals due to the ongoing COVID pandemic.Note:  All figures presented are in millions of dollars.036912Qtr1 Qtr2 Qtr3 Qtr4Tons of Asphalt Laid (in Thousands)FY19-20FY20-21020406080100Qtr 1 Qtr 2 Qtr 3 Qtr 4Lane Miles Surface TreatmentFY 19-20FY20-21 $- $1.0 $2.0 $3.0 $4.0 $5.0 $6.0 $7.0 $8.0 $9.0 $10.0 $11.0 $12.0 $13.0 $14.0Oct-20 Dec-20 Feb-21 Apr-21 Jun-21 Aug-21Revenue & Expenses (in Millions)YTD RevenueYTD Expenses90 FY 2020-21 FY 2020-21GRANT PRELIMINARY FY 2020-21DESCRIPTIONAMOUNT ACTUALS VARIANCE2020-21 Budget Comm Development14.69$ 2.44$ -48% Public Safety 1.00 0.45 -55% Transportation173.27 11.44 -84% Other 0.75 0.12 -84%Total Budget 79.71 14.45 -82%New Awards Comm Development 1.23 1.23 0% Public Safety 3.31 3.31 0% Transportation 0.21 0.21 0% Coronavirus Relief Fund (CRF) 2.82 2.82 0% American Rescue Plan (ARP) 0.01 0.01 0% Other 0.16 0.16 0%Total New Awards 7.74 7.74 0%Totals 87.45$ 22.19$ -75%COMM DEV6.76%PUBLIC SAFETY4.93%TRANS84.03%CRF3.23%ARP0.01%OTHER1.04%FY 2020‐21 Grants Awarded $‐ $20.0 $40.0 $60.0 $80.0COMMDEVPUBLICSAFETYTRANSCRFARPOTHERMillionsAwardsExpensesFY 2020‐21 Awards & Expenses (in Millions)Key Trends:The following grants have been received in FY 2020-21: Texas Emergency Rental Assistance Program: $187,444Emergency Solutions Grants Program: $1,039,136Federal Equitable Sharing: $74,070Chapter 59 Asset Forfeitures: $46,461U.S. Marshals Violent Offenders Task: $73,191Organized Crime Drug Enforcement: $11,011USSS’ N Texas Crimes Task Force: $4,405Fire-Law Enforcement Officer Education: $2,693Urban Search & Rescue Response System: $127,350Texas Intrastate Fire Mutual Aid System: $26,599Texas Department of Public Safety's Texas Division of Emergency Management (TDEM)-Winter Storm: $8,763COVID-19 Immunization: $61,2812019 SAFER Grant: $167,676Ambulance Services Cost: $2,702,019Survey: $112Airport Grant-CARES Act: $214,000Coronavirus Relief Fund from Denton County: $2,823,227American Rescue Plan: $6,136Cultural District Grant:$30,406Texas Department of Public Safety's Texas Division of Emergency Management (TDEM)-COVID 19: $100,182Humanities Texas Relief Grant: $2,768Texas State Library & Archives Commission: $20,928Texas Emission Reduction Plan: $5,000City of Denton, Texas Grants DashboardNote: All figures presented are in millions of dollars.1This grant amount will be spent over several years and the fiscal year 2020-21 projections are estimated expenditures for one year. Remaining grant amounts will be spent in future fiscal year.91 Section 2 City of Denton Quarterly Financial Report September 2021 This report is designed for internal use and does not include all the funds and accounts included in the City of Denton’s operations. The information provided is unaudited; for a complete audited report, please refer to the City of Denton Comprehensive Annual Financial Report, available through the City’s Finance Department, City Secretary’s Office, or Denton Public Libraries. FINANCIAL SUMMARY 92 City of Denton General FundSchedule of Revenues - Budget vs Actuals (Unaudited)For the Period Ended September 30, 2021 PRIOR ANNUAL PRELIMINARY BUDGET VS REVENUE DESCRIPTION Y-T-D BUDGET ACTUALS ACTUALS Current Year - Ad Valorem 48,097,387$ 47,701,547$ 49,121,240$ 3% Delinquent - Ad Valorem 136,678 253,064 85,184 -66% Miscellaneous Penalties & Fees 397,145 384,411 293,170 -24% Ad Valorem Taxes 48,631,210 48,339,022 49,499,594 2% Sales Tax 39,337,834 37,103,084 45,404,857 22% Franchise - Gas Utilities 320,976 323,308 357,602 11% Franchise - Private Electric Utilities 120,020 101,850 101,951 0% Franchise - Cable 320,569 206,134 229,852 12% Franchise - Telecom 76,929 22,948 30,096 31% Franchise - Denton Municipal Utilities 3,760,439 3,344,694 3,279,432 -2% Franchise Fees 4,598,933 3,998,934 3,998,933 0% Other Taxes 304,294 314,539 376,006 20% Ambulance Service Fees 3,817,135 3,708,290 5,529,872 49% Fire Department Fees 147,179 208,000 132,462 -36% Building Inspections Fees 574,529 563,594 576,422 2% Park Department Fees 226,246 1,355,231 1,503,132 11% Planning Department Fees 1,909,039 1,799,963 1,629,878 -9% Reprographics Fees 85,380 - - 0% Miscellaneous Service Fees 88,325 132,011 85,129 -36% Service Fees 6,847,833 7,767,089 9,456,895 22% Denton Municipal Fines 967,893 1,367,422 618,547 -55% Parking Fines 129,640 262,964 40,310 -85% Miscellaneous Fines and Fees 492,558 728,053 386,684 -47% Court Administrative and Service Fees 689,681 1,176,378 517,738 -56% Fines and Fees 2,279,772 3,534,817 1,563,279 -56% Demolition Permits 12,665 14,750 12,814 -13% Building Permits 5,155,833 6,032,542 5,862,868 -3% Certificate of Occupancy 49,323 52,159 50,923 -2% Miscellaneous Licenses and Permits 7,307 23,170 12,713 -45% Licenses and Permits 5,225,128 6,122,621 5,939,318 -3% Investment Income 793,413 786,163 160,095 -80% Miscellaneous Revenues 1,492,274 4,784,157 3,170,699 -34% Miscellaneous Resources 2,285,687 5,570,320 3,330,794 -40% ROI - Denton Municipal Utilities 11,598,054 14,577,141 13,608,459 -7% Transfers 16,154,076 12,898,936 14,379,315 11% Transfers 27,752,130 27,476,077 27,987,774 2% Use of Fund Balance - 3,322,341 - Total General Fund Revenues 137,262,821$ 143,548,844$ 147,557,450$ 3% 93 City of Denton General Fund Schedule of Expenditures - Budget vs Projection (Unaudited) For the Period Ended September 30, 2021 PRIOR ANNUAL PRELIMINARY BUDGET VS Y-T-D BUDGET ACTUALS ACTUALS NEIGHBORHOOD SERVICES Building Inspections 3,285,877$ 3,426,668$ 3,393,017$ -1% Community Improvement Services 1,238,232 915,845 787,134 -14% Libraries 5,894,641 6,328,528 6,428,547 2% Parks and Recreation 9,495,161 12,814,203 13,516,874 5% Planning 3,519,496 2,188,930 1,974,670 -10% Development Services Admin - 1,363,071 1,161,927 -15% Gas Well Review 399,706 407,513 227,392 -44% Social Services 1,198,940 1,648,744 1,455,803 -12% 25,032,053 29,093,502 28,945,364 -1% PUBLIC SAFETY Animal Services 2,270,464 2,372,691 2,500,926 5% Fire 33,317,554 33,179,573 34,739,801 5% Municipal Judge 540,696 556,432 452,967 -19% Police 39,101,488 43,143,530 42,335,189 -2% 75,230,201 79,252,226 80,028,883 1% TRANSPORTATION Traffic Operations 2,474,424 2,458,979 2,415,246 -2% Street Lighting 820,716 850,000 903,937 6% 3,295,140 3,308,979 3,319,183 0% ADMINISTRATIVE & COMMUNITY SERVICES City Manager's Office 2,054,783 2,042,633 2,115,656 4% City Manager's Office 117,840 182,173 - -100% Economic Development 4,291,396 3,346,794 4,252,363 27% Finance Administration 681,578 459,832 587,997 28% Treasury - - - 0% Tax - - - 0% Accounting 1,956,375 2,046,255 1,946,039 -5% Budget 1,042,347 1,344,740 1,199,191 -11% Grant Management - - 286,549 200% Finance 5,098,726 5,128,982 4,019,776 -22% Human Resources 2,226,733 2,363,870 2,556,172 8% Internal Audit 466,929 540,902 500,171 -8% Legal Administration 2,834,145 3,192,317 3,172,029 -1% Public Affairs 1,941,978 2,330,287 1,996,398 -14% Non-Departmental 11,629,316 12,766,178 12,172,659 -5% 30,661,846 31,894,136 30,785,224 -3% TOTAL EXPENDITURES 134,219,240$ 143,548,843$ 143,078,654$ 0% 94 City of Denton Electric Fund Schedule of Revenues and Expenditures - Budget vs Actuals (Unaudited) For the Period Ended September 30, 2021 PRIOR ANNUAL PRELIMINARY BUDGET VS DESCRIPTION Y-T-D BUDGET1 ACTUALS ACTUALS Beginning Working Capital and Reserves as of 9/30/202 77,919,436$ 110,062,991$ REVENUES: Rate Revenues 145,211,390$ 142,183,280 143,122,389 1% Transmission Revenues 49,528,549 55,600,491 52,555,559 -5% Other Revenues 19,728,745 9,070,281 3,390,466 -63%0% DEC Revenues 12,762,627 24,545,418 138,885,965 466% Total Revenues 227,231,311 231,399,470 337,954,379 46% EXPENDITURES: Purchased Power 60,164,760 210,841,730 165,630,885 -21% DEC Fuel 3,599,350 12,475,775 29,679,458 138% Transmission of Power 17,801,734 19,182,169 17,742,603 -8% Personnel Services 19,662,169 20,291,120 18,147,292 -11% Materials and Supplies 751,158 2,343,289 719,361 -69% Maintenance and Repair 717,643 1,473,199 825,348 -44% Insurance 1,434,149 1,408,052 1,778,711 26% Return on Investment 9,368,810 11,898,075 11,447,577 -4% Franchise Fee 9,746,280 9,915,062 9,538,228 -4% Miscellaneous 1,510,654 747,381 544,140 -27% Operations 5,160,026 7,329,404 5,638,171 -23% Debt Service 54,568,897 55,503,322 55,014,488 -1% Interfund Transfers 14,978,366 17,144,167 16,733,666 -2% Capital Outlay 5,969,453 550,929 450,929 -18% Total Expenditures 205,433,449 371,103,674 333,890,857 -10% Net Income (Loss)21,797,862$ (139,704,204) 4,063,522 Ending Working Capital and Reserves (61,784,768)$ 114,126,513$ 1Annual adopted budget as amended or modified. Beginning Working Capital and Reserves represents the amount which was estimated in the FY 2020-21 budget process. 2 Beginning Working Capital and Reserves as of 9/30/20 increased by $8.87 million as a result of the change in classification of purchased power escrow deposit accounts. 95 City of Denton Water Fund Schedule of Revenues and Expenditures - Budget vs Projections (Unaudited) For the Period Ended September 30, 2021 PRIOR ANNUAL PRELIMINARY BUDGET VS DESCRIPTION Y-T-D BUDGET2 ACTUALS ACTUALS Beginning Working Capital and Reserves as of 09/30/201 22,669,998$ 23,344,852$ REVENUES: Water Sales Residential 20,375,256$ 20,563,184 19,243,418$ -6% Water Sales Commercial 17,090,211 17,655,278 16,120,532$ -9% Water for Resale 1,612,230 1,360,648 2,111,779$ 55% Other Water 1,209,078 865,090 1,526,463$ 76% Transfers In 1,149,991 1,676,882 1,460,974$ -13% Investment Income 302,800 294,000 111,861$ -62% Impact Fee Revenue 6,605,000 6,605,000 6,605,000$ 0% Use of Reserves 1,191,610 3,924,125 -$ -100% Total Revenues 49,536,176 52,944,207 47,180,027 -11% EXPENDITURES: Personnel Services 8,139,916 8,652,990 7,701,977 -11% Purchased Power 1,342,855 1,410,789 1,352,879 -4% Purchase of Water 1,834 3,000 2,069 -31% Materials and Supplies 1,472,974 1,747,969 1,482,815 -15% Maintenance and Repairs 1,477,259 1,820,365 1,675,145 -8% Insurance 232,788 232,790 396,477 70% Miscellaneous 185,666 342,784 240,505 -30% Operations, Services 1,767,452 2,333,120 1,450,700 -38% Capital Outlay 13,838,305 16,709,105 12,454,970 -25% Return on Investment 1,359,420 1,385,269 1,292,424 -7% Franchise Fee 1,942,028 1,978,956 1,846,319 -7% Debt Service 12,879,020 11,064,205 10,901,425 -1% Transfers Out 4,896,659 5,262,865 5,239,601 0% Total Expenditures 49,536,176 52,944,207 46,037,306 -13% Net Income (Loss)-$ - 1,142,721$ Ending Working Capital and Reserves 22,669,998$ 24,487,573$ 1 The Beginning Working Capital balance excludes $14,789,942 of Impact Fee Reserves and $1,000,000 for Development Plan Line Reserves. budget process. 2 Annual adopted budget as amended or modified. Beginning Fund Balance represents the amount which was estimated in the FY 2020-21 96 City of Denton Wastewater Fund Schedule of Revenues and Expenditures - Budget vs Projections (Unaudited) For the Period Ended September 30, 2021 PRIOR ANNUAL PRELIMINARY BUDGET VS DESCRIPTION Y-T-D BUDGET2 ACTUALS ACTUALS Beginning Working Capital and Reserves as of 09/30/201 15,068,746$ 16,361,842$ REVENUES: Residential Fees 11,422,482$ 11,583,683 11,148,913$ -4% Commercial Fees 11,730,566 13,130,746 11,847,269$ -10% Effluent Irrigation Fees 119,237 60,424 97,296$ 61% Wholesale Fees 758,808 695,320 749,092$ 8% Other Wastewater Fees 1,916,430 1,519,240 1,858,625$ 22% Drainage Fees 5,089,545 5,079,576 5,168,014$ 2% Transfer In 587,895 599,652 239,700$ -60% Investment Income 218,830 221,028 74,762$ -66% Impact Fee Reserves 4,270,000 4,270,000 4,270,000$ 0% Total Revenues 36,113,793 37,159,670 35,453,671 -5% Use of Reserves 783,638.00 - - 0% Total resources 36,897,431 37,159,670 35,453,671 0% EXPENDITURES: Personnel Services 8,601,781 8,421,033 8,050,103 -4% Purchased Power 1,030,524 1,221,000 1,014,247 -17% Materials and Supplies 988,031 1,214,708 1,150,611 -5% Maintenance and Repairs 1,090,847 1,669,791 1,630,504 -2% Insurance 265,743 265,744 418,029 57% Miscellaneous 50,098 36,303 13,410 -63% Operations, Services 2,364,828 2,262,376 2,145,500 -5% Capital Outlay 8,041,230 6,768,567 6,823,328 1% Return on Investment 869,825 1,069,241 868,458 -19% Franchise Fee 1,242,607 1,527,487 1,240,655 -19% Debt Service 7,479,386 6,767,023 6,570,998 -3% Transfers Out 4,872,531 5,643,911 5,378,410 -5% Total Expenditures 36,897,431 36,867,185 35,304,253 -4% Net Income (Loss) -$ 292,485 149,418$ Ending Working Capital and Reserves 15,361,231$ 16,511,260$ 1 The Beginning Working Capital balance excludes $8,234,666 of Impact Fee Reserves, $1,000,000 for Drainage Reserves, and $935,000 for Development Plan Line Reserves. 2 Annual adopted budget as amended or modified. Beginning Fund Balance represents the amount which was estimated in the FY 2020-21 budget process. 97 City of Denton Drainage Operations Schedule of Revenues and Expenditures - Budget vs Projections (Unaudited) For the Period Ended September 30, 2021 PRIOR ANNUAL PRELIMINARY BUDGET VS DESCRIPTION Y-T-D BUDGET ACTUALS PROJECTION REVENUES: Residential Drainage Fees 1,949,739$ 1,954,169$1,995,012$ 2% Nonresidential Drainage Fees 3,139,806 3,125,407 3,173,002$ 2% Wastewater Resources 182,342 453,907 -$ -100% General Fund Transfer 352,895 359,952 -$ -100% Total Revenues 5,624,782 5,893,435 5,168,014 -12% EXPENDITURES: Personal Service 2,036,843 2,326,146 1,692,884 -27% Materials and Supplies 52,585 81,400 51,612 -37% Maintenance and Repairs 113,185 130,800 156,370 20% Insurance 41,459 41,459 69,059 67% Miscellaneous 6,375 16,900 5,207 -69% Operations, Services 468,067 527,097 400,152 -24% Capital Outlay 1,807,661 2,085,517 2,355,270 13% Debt Service 473,464 - 541 541% Transfer Out 625,143 684,116 436,919 -36% Total Expenditures 5,624,782 5,893,435 5,168,014 -12% Net Income (Loss)-$ -$ -$ 98 City of Denton Solid Waste Fund Schedule of Revenues and Expenditures - Budget vs Projection (Unaudited) For the Period Ended Sep 30, 2021 PRIOR ANNUAL PRELIMINARY BUDGET VS DESCRIPTION Y-T-D BUDGET2 ACTUALS PROJECTION Beginning Working Capital and Reserves as of 09/30/201 14,201,069$ 11,059,601$ REVENUES: Refuse Fees - Residential 5,082,471$ 5,357,173 4,577,483 -15% Refuse Fees - Commercial 14,045,123 16,714,384 14,838,143 -11% Residential Recycling 5,448,328 4,777,635 5,567,752 17% Commercial Recycling 1,288,420 869,608 1,289,340 48% Landfill Gate and Material Sales 9,382,403 10,447,397 11,312,784 8% Recycled Material Sales 67,343 66,281 67,343 2% Asset Sales and Interest Income 1,007,521 1,175,269 102,746 -91% Other Revenue 559,850 410,404 301,046 -27% Use of Reserves - 4,305,620 4,241,924 -1% Total Revenues 36,881,459 44,123,771 42,298,561 -4% EXPENDITURES: Personnel Service 10,443,976 10,719,635 10,710,066 0% Materials and Supplies 182,559 494,653 341,096 -31% Maintenance and Repairs 208,421 226,516 210,416 -7% Insurance 259,650 291,624 456,611 57% Miscellaneous 68,433 74,120 38,708 -48% Operations, Services 5,676,246 6,694,418 5,639,402 -16% Capital Outlay 4,410,620 10,730,034 10,412,187 -3% Debt Service 8,449,966 6,968,199 6,934,108 0% Franchise Fee 1,781,445 1,971,140 1,889,570 -4% Transfers for Landfill Closure - 702,648 702,648 0% Admin Transfers Out 4,371,889 5,250,784 4,963,749 -5% Total Expenditures 35,853,205 44,123,771 42,298,561 -4% Net Income (Loss)1,028,254$ - - Ending Working Capital and Reserves 14,201,069$ 6,817,677$ 1 The Beginning Working Capital Reserve excludes $11,400,638 Landfill Closure/Post Closure Reserves. 2 Annual adopted budget as amended or modified. Beginning Fund Balance represents the amount which was estimated in the FY 2020-21 budget process. 99 City of Denton Airport Fund Schedule of Revenues and Expenditures - Budget vs Projection (Unaudited) For the Period Ended Sep 30, 2021 PRIOR ANNUAL PRELIMINARY BUDGET VS DESCRIPTION Y-T-D BUDGET1 ACTUALS PROJECTION Beginning Working Capital and Reserves as of 09/30/20 2,900,353$ 2,974,184$ OPERATING REVENUES: Airport Ground Leases 788,994$ 787,975 821,396 4% FBO Commissions 180,955 161,495 217,979 35% Miscellaneous 124,354 104,463 124,915 20% Use of Reserves - 625,121 Total Operating Revenues 1,094,303 1,679,054 1,164,290 -31% OPERATING EXPENDITURES: Personal Service 431,399 367,173 350,296 -5% Materials and Supplies 15,436 34,790 8,243 -76% Maintenance and Repairs 27,231 72,400 20,083 -72% Insurance 24,376 26,613 41,237 55% Miscellaneous - 100 - -100% Operations 131,787 260,905 142,382 -45% Transfers Out - Operating 381,355 449,219 452,375 1% Total Operating Expenses 1,011,584 1,211,200 1,014,616 -16% Operating (Loss)82,719 467,854 149,674 NON-OPERATING REVENUES: Investment Income 79,729 85,248 30,774 -64% Gas Well Royalties 192,175 209,821 422,043 101% Recovery of Prior Year Expenses - - 157,000 - Gain/Loss on Sale of Fixed Assets 5,049 - - 0% Total Non-Operating Revenues 276,953 295,069 609,817 107% NON-OPERATING EXPENDITURES: Debt Service - 762,923 762,923 0% Transfers Out - Capital 300,000 - 50,000 0% Total Non-Operating Expenses 300,000 762,923 812,923 0% Non-Operating Income (Loss)(23,047) (467,854) (203,106) Net Income (Loss)59,672$ 0 (53,432) Ending Working Capital 2,900,353$ 2,920,752$ 1 Annual adopted budget as amended or modified. Beginning Working Capital and Reserves represents the amount which was estimated in the FY 2020-21 budget process. 100 City of Denton Street Improvement Fund Schedule of Expenditures - Budget vs Projections (Unaudited) For the Period Ended Sept 30, 2021 PRIOR ANNUAL PRELIMINARY BUDGET VS DESCRIPTION Y-T-D BUDGET1 ACTUALS ACTUALS Beginning Fund Balance as of 9/30/2020 3,972,314$ 4,503,638$ RESOURCES: Franchise Fees 13,306,582$ 13,634,688 13,718,164 1% Street Cuts 369,549 378,851 24,873 -93% Investment Income 69,958 45,000 386 -99% Transfers In 1,323,205 1,243,811 1,244,140 0% Use of Reserves - 591,407 - -100% Total Resources 15,069,294 15,893,757 14,987,563 -6% Total Resources 15,069,294 15,893,757 14,987,563 -6 EXPENDITURES: Personnel Service 3,250,039 3,313,812 3,064,958 -8% Materials and Supplies 75,507 202,600 72,282 -64% Maintenance and Repairs 5,781,284 5,888,000 6,011,467 2% Insurance 94,312 87,078 134,926 55% Miscellaneous 3,023 7,100 4,486 -37% Operations, Services 656,012 1,008,847 629,231 -38% Capital Outlay - 3,825,000 3,830,000 0% Transfer Out 4,147,213 1,561,320 1,240,213 -21% Total Expenditures 14,007,390 15,893,757 14,987,563 -6% Net Income (Loss)1,061,904$ - - Ending Fund Balance 3,972,314$ 4,503,638$ 1Annual adopted budget as amended or modified. Beginning Fund Balance represents the amount which was estimated in the FY 2020-21 budget process. 101 City of Denton Grants Schedule of Expenditures (Unaudited) For the Period Ended September 30, 2021 GRANT DESCRIPTION EXPENDITURES AS OF 9/30/20201 ANNUAL BUDGET PRELIMINIARY ACTUALS BUDGET VS ACTUALS FY 2020-21 Budget US Dept of HUD - Community Development Block Grant(CDBG)5,306,699$ 2,432,394$ 986,632$ -59% US Dept of HUD - Community Development Block Grant(CDBG)- CARES ACT 618,736 529,359 -14% US Dept of HUD - HOME Investment Partnership Program 4,314,934 1,637,380 926,068 -43% Community Development1 9,621,633 4,688,510 2,442,059 TxDot STEP Comprehensive Grant - 87,987 21,054 -76% Victim Assistance Coordinator Grant - 89,040 82,894 -7% National Sexual Assault Kit Initiative Grant - 499,890 73,471 -85% 2020 UASI-Specialized Regional Response Teams Sustainment - 144,137 132,416 -8% 2020 SHSP-EOD X-Ray Equipment Enhancement - 46,500 46,488 0% Emergency Management Performance Grant - 40,000 - -100% 2016 Staffing for Adequate Fire & Emergency Response (SAFER) Grant - 20,000 17,719 -11% Denton Police Department-Coronavirus Response Grant - 82,398 79,337 -4% Public Safety - 1,009,952 453,379 Airport Maintenance (RAMP) Grant - 50,000 50,000 0% TxDot-RTR-Mayhill Rd-IH35 E to US 380 46,536,358 17,834,724 1,618,488 -91% TxDot-RTR-Bonnie Brae Rd-IH35 E to US 377 22,784,688 25,590,473 4,510,626 -82% TxDot-IH35E at Loop 288/Lillian Miller Pkwy - 53,865 - -100% TxDot-RTR-McKinney (Formerly FM426) 11,827,477 9,728,607 4,149,921 -57% TxDot-RTR-Hickory Creek FM2181-FM2499 1,103,253 1,739,940 938,054 -46% TxDot-RTR-North Texas Boulevard Roundabout 94,059 1,907,565 174,285 -91% Bicycle & Pedestrian Projects Grant - 1,500,000 - -100% NCTCOG-Waze Data Sharing - 5,000 - -100% CMAQ-Congestion Mitigation & Air Quality Improvement Program - 11,060,800 - -100% STBG-Surface Transportation Block Grant - 794,393 - -100% RTR-Roadway Utility-US 377-FM 1830 3,000,000 3,000,000 - -100% Transportation1 85,345,835 73,265,367 11,441,374 Interlibrary Loan Program (ILL) - 33,552 18,358 -45% TexTreasures Grant - 24,820 24,820 0% Special Projects Grant 54,058 54,058 0% TIFMAS Training Tuition Grant 12,500 - -100% NCTCOG-Solid Waste Implementation Grants - 378,200 21,240 -94% Miscellaneous New Grants - 250,000 - -100% Other - 753,130 118,476 Total FY 2020-21 Budget 94,967,468 79,716,959 14,455,288 -82% 102 City of Denton Grants Schedule of Expenditures (Unaudited) For the Period Ended September 30, 2021 GRANT DESCRIPTION EXPENDITURES AS OF 9/30/20201 ANNUAL BUDGET PRELIMINIARY ACTUALS BUDGET VS ACTUALS New Awards Texas Emergency Rental Assistance Program-CARES Act - 187,444 187,444 0% Emergency Solutions Grants Program-CARES Act - 1,039,136 1,039,136 0% Community Development - 1,226,580 1,226,580 Federal Equitable Sharing - 74,070 74,070 0% Chapter 59 Asset Forfeitures - 46,461 46,461 0% U.S. Marshals Violent Offenders Task Force - 73,191 73,191 0% North Texas Organized Crime Task Force (NTOCTF)- 11,011 11,011 0% USSS' North Texas Financial Crimes Task Force 4,405 4,405 0% Fire-Law Enforcement Officer Education 2,693 2,693 0% Urban Search & Rescue Response System (TEEX)- 127,350 127,350 0% Texas Intrastate Fire Mutual Aid System-Emergency Response (TIFMAS)- 26,599 26,599 0% Texas Department of Public Safety's Texas Division of Emergency Management (TDEM)-Winter Storm 8,763 8,763 0% COVID-19 IMMUNIZATION 61,281 61,281 0% 2019 Staffing for Adequate Fire & Emergency Response (SAFER) Grant - 167,676 167,676 0% Ambulance Services-Uncompensated Care Cost 2,702,019 2,702,019 0% Public Safety - 3,305,519 3,305,519 Survey - 112 112 0% Airport Grant-CARES Act - 214,000 214,000 0% Transportation - 214,112 214,112 Coronavirus Relief Fund (CRF) from Denton County 4,802,113 2,823,227 2,823,227 0% Coronavirus Relief Fund (CRF)4,802,113 2,823,227 2,823,227 American Rescue Plan (ARP) Act of 2021 - 6,136 6,136 0% American Rescue Plan (ARP) - 6,136 6,136 Cultural District Grant Program - 30,406 30,406 0% Texas Department of Public Safety's Texas Division of Emergency Management (TDEM)-COVID 19-Public Assistance Grant - 100,182 100,182 0% Humanities Texas Relief Grant - 2,768 2,768 0% Texas State Library & Archives Commission-CARES- Cycle 2 Grant - 20,928 20,928 0% Texas Emissions Reduction Plan Light-Duty Motor Vehicle Purchase or Lease Incentive Program 5,000 5,000 0% Others - 159,284 159,284 Total New Awards 4,802,113 7,734,858 7,734,858 0% TOTALS 99,769,581$ 87,451,817$ 22,190,146$ -75% 1 A portion of the grants presented cover multiple years. 103 Section 3 City of Denton Quarterly Financial Report September 2021 REVENUE & ECONOMIC ANALYSIS 104 Revenue & Economic Analysis Summary The data included in this section provides information on local, state and national trends impacting the City’s financial position. The following notes are provided to facilitate this section’s readability. 1. Positive Outlook – Represents favorable conditions for the local economy. Color code – Green. 2. Cautious Outlook – Represents changing conditions that require close monitoring. Color code – Yellow. 3. Negative Outlook – Represents unfavorable conditions for the local economy. Color code – Red. The data included in this section have been obtained from a variety of sources. Sales tax and construction related data have been obtained from internal city departments. Economic data for the State have been obtained from the Federal Reserve Bank of Dallas and may be subject to availability. National economic data were compiled with assistance from the City’s investment advisor, First Southwest Asset Management. 105 National Economic Trends Period Ending September 30, 2021 Gross Domestic Product (GDP) Third quarter GDP (as expected) slowed quite a bit, as headline growth decelerated from +6.7% to +2.0% Q-O-Q, annualized. It was the weakest reading in five quarters and a sharp decline from forecasts in early August. Personal consumption, which makes up about two-thirds of U.S. growth, slowed from +12% in Q2 to +1.6%. This is the main reason why overall growth slipped. It’s also important to note that real GDP is inflation- adjusted, which means higher prices equate to lower growth readings. Housing (residential investment) subtracted -0.4%, which may seem strange during a housing boom, but builders haven’t kept pace. Net exports subtracted -1.1% from the headline. The U.S. is importing a record amount of goods and exporting quite a bit less. Business inventories, although still VERY weak, actually increased relative to the previous quarter, adding +2.1% to the headline. Without inventories, the overall number would have been negative. Employment Nonfarm payrolls rose by just +194k in September, even weaker than August’s disappointing +366k, and a fraction of the June/July period which averaged more than a million. The prevailing thought had been that after federal unemployment benefits expired on September 6th, millions of jobless Americans would be incentivized to take one of 10.4 million posted positions. The surprise was that it didn’t happen, not yet anyway. The separate household survey painted a brighter picture with a September job gain of +526k while -183k exited the labor force, dragging the headline unemployment rate down from 5.2% to 4.8%, the lowest in 18 months. However, the number of Americans not currently looking for work, but willing and able, totaled 6 million in September. Because these folks didn’t apply for a job in the last month, they aren’t counted in the headline unemployment number. 106 Inflation Inflation continues to make headlines in both the U.S. and around the world, particularly as it relates to energy and especially gasoline. The average price for a gallon of unleaded climbed to $3.40 at quarter end, a +52% increase from a year ago. Despite daunting headlines and more than a +5% rise in the overall consumer price index (CPI) for September, the month-over- month readings have actually eased up a bit. From March through June, headline CPI increased by an average of +0.7%, but from July through September, the monthly increase averaged +0.4% still well above the Fed’s target but trending a bit lower. Unfortunately, higher energy prices will soon collide with cooler weather, and housing costs (specifically rent) appear poised to creep higher. This may all prove transitory, but inflation expectations are climbing and expectations drive yields higher. Retail Sales Headline retail sales rose +0.7% in September, well above the -0.2% forecast. The two previous months were revised upward with July boosted from -1.8% to -1.6% and August from +0.7% to +0.9%. In normal times, this would be a respectable quarter of overall net increases, but in the post-pandemic period, it was a weak quarter for consumption, the biggest contributor to GDP. The September report was significantly better than expected with 11 of 13 spending categories posting gains, but rising inflation made a significant contribution to the overall value of sales. In particular, spending at auto dealers (+0.6%) and gasoline stations (+1.8%) reflected higher prices rather than increased sales. With the holiday season fast approaching, there are legitimate concerns that the store shelves will be mostly barren before Christmas severing consumer’s ability to spend. The paper was prepared by Hilltop Securities Asset Management, is intended for educational and informational purposes only and does not constitute legal or investment advice, nor is it an offer or a solicitation of an offer to buy or sell any investment or other specific product. Information provided in this paper was obtained from sources that are believed to be reliable; however, it is not guaranteed to be correct, complete, or current, and is not intended to imply or establish standards of care applicable to any attorney or advisor in any particular circumstances. The statements within constitute the views of Hilltop Securities Asset Management as of the date of the report and may differ from the views of other divisions/departments of Hilltop Securities. In addition, the views are subject to change without notice. This paper represents historical information only and is not an indication of future performance. 107 Fuel Prices Outlook Positive Description:  Quarterly fuel trends for the United States and Texas. Analysis:Fuel prices are a major commodity source in the economy. Studies have shown a positive effect on disposable income levels when fuel prices decrease. It is estimated that for every penny decrease in the price of fuel, $1.3 billion is available to the consumer for disposable income. Therefore, the price of fuel is likely to be a key predictor of sales tax collections. Fuel prices showed a 6.2% increase from the prior quarter at the national level and a 5.5% increase at the state level.  Staff has rated this outlook as Positive. Source:  U.S. Department of Energy $0 $2 $4 $6 $8 $10 $12 $0.00 $0.50 $1.00 $1.50 $2.00 $2.50 $3.00 4Q '17 2Q '18 4Q '18 2Q '19 4Q '19 2Q '20 4Q '20 2Q '21 4Q '21 MillionsDollarsFuel Prices Sales Tax Texas Fuel Prices US Fuel Prices 108 Municipal Cost Index Outlook Negative Description:The Municipal Cost Index was developed to show the rate of inflation for the cost of goods purchased frequently by local governments. The MCI draws on the monthly statistical data collected by the U.S. Departments of Commerce and Labor as well as independently compiled data to project a composite cost picture for the municipal budget officer or operating department manager. Costs of labor, materials and contract services are all factored into the composite MCI. Major indicators of these items used for the MCI include the Consumer Price Index, the Wholesale Price Index for Industrial Commodities (now known as the Producer Price Index) and the construction cost indexes published by the U.S. Department of Commerce, respectively. Analysis:The Municipal Cost Index (MCI) pulls a variety of prices for frequently purchased commodities for local governments. The cost for labor, materials and contract services are factored for the MCI.An increase in MCI means the overall price mix for these types of commodities will cost local governments more to do routine business. The 4th Quarter of 2020-21 shows an increase of 9.6 for a 3.5% increase over the prior quarter and an increase of 27.7 for a 10.84% increase over the 4th Quarter of 2019-20. Staff has rated this indicator as Negative. Note: The Municipal Cost Index is designed to show the effects of inflation on the cost of providing municipal services. State and local government officials rely on American City & County's Municipal Cost Index to stay on top of price trends, help control price increases for commodities, make informed government contract decisions and intelligent budget planning. Since 1978,readers have loyally referred to the Municipal Cost Index to determine the cost of inflation and, hence, the rising cost of doing business as a local government. Source: American City and County Magazine 235.00 240.00 245.00 250.00 255.00 260.00 265.00 270.00 275.00 280.00 285.00 290.00 4Q '19 1Q '20 2Q '20 3Q '20 4Q '20 1Q '21 2Q '21 3Q '21 4Q '21 Municipal Cost Index 109 Hotel Occupancy Tax Analysis Outlook Positive 4th Quarter FY 2020-21 Actual Y-T-D Occupancy Tax Revenue:854,228$ 2,597,736$ FY 2020-21 Budget 568,916$ 2,555,264$ Over (Under) Budget 285,312$ 42,472$ Hotel Occupancy Tax Budget:2,555,264$ End of Year Projection:2,555,264$ End of Year Actual:2,597,736$ 42,472$ Variance - Actual to Projection 42,472$ Description:Tax imposed on a person who, under a lease, concession, permit, right of access, license, contract,or agreement, pays for the use of a room that is in a hotel. A hotel includes: any building in which the public may obtain sleeping accommodations; motels; a tourist home, house or court; lodging house;inn;rooming house;or bed and breakfast. The tax rate levied by the City is 7% of the price paid for a room. The State also levies a tax equal to 6%. Analysis:While the use of this revenue source is restricted by state law,it is an essential revenue source for various tourist related activities within the community and an important indicator of local economic activity. Hotel Occupancy tax revenue through the 4th Quarter of FY 2021 was 1.6% more than budget and 7.5% more than prior year's actual.This quarter illustrated a strong increase in hotel activity since the initial COVID-19 Pandemic impact last quarter. Staff has rated the outlook for this economic indicator as Positive. FISCAL YEAR FORECAST Variance - Actual to Budget $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Hotel Occupancy Tax Collections FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 110 Sales and Use Tax Analysis Outlook Positive 4th Quarter FY 2020-21 Actual Y-T-D Revenue: Gross Sales Tax Municipal Operations 615,495$ 1,905,880$ General Retail & Others 12,464,513 45,257,235 Comptroller Fees (244,580) (888,009) Amount Retained (239,689) (870,250) Total Revenue 12,595,739$ $45,404,856 Expenses: Economic Incentives* Economic Incentives1 686,710$ 2,615,669$ Net Total 11,909,029 42,789,188 FY 2020-21 Budget 9,359,090 35,405,009 Over(Under) Budget 2,549,939$ 7,384,179$ Sales Tax Budget:37,103,084$ Year End Projection:44,044,703 Variance to Original Budget:6,941,619$ Economic Development Expenditure Budget:1,698,075$ Year End Projection:2,615,669 Variance to Original Budget:917,594$ * Economic Incentive actuals are through Sept. 2021. 1. Includes Unicorn Lake, Rayzor Ranch, Golden Triangle Mall, O'Reilly Hospitality, and Buc-ee's. Description:Tax imposed on all retail sales, leases, and rentals of most goods,as well as taxable services. The total tax rate levied within the City is 8.25% (State, 6.25%; City, 1.5%; DCTA, 0.5%). Analysis:As the second largest revenue source to the City's General Fund, sales and use taxes are essential to the delivery of services to the community. Sales tax revenues through the 4th quarter of FY 2021 compared to revenues from the prior year 4th quarter shows a 19.96% increase, and compared to the budget it is 27.25% above. Staff has rated this indicator as Positive. $0.0 $2.0 $4.0 $6.0 $8.0 $10.0 $12.0 1 2 3 4 Gross Sales Tax Collections (Millions) FY 2017-18 Actual FY 2018-19 Actual FY 2019-20 Actual FY 2020-21 Actual 111 Certificates of Occupancy Outlook Positive Source: City of Denton's Development Services Department. Description:Certificates of Occupancy (CO) are permits issued in compliance with the 2009 International Building Code (IBC)and applicable City ordinances. The IBC states, "that no building shall be used or occupied,and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy." Certificates of Occupancy ensure that applicable building, fire and consumer health codes are met. Analysis:Certificates of Occupancy are an economic indicator that provides a framework for the overall condition of the local economy. Certificates of Occupancy increased 10.64%from the prior quarter and increased 73.33% from the 4th Quarter of 2020. Staff has rated the outlook for this revenue indicator as Positive. 0.0 20.0 40.0 60.0 80.0 100.0 120.0 140.0 160.0 180.0 4Q '16 1Q '17 2Q '17 3Q '17 4Q '17 1Q '18 2Q '18 3Q '18 4Q '18 1Q '19 2Q '19 3Q '19 4Q '19 1Q '20 2Q '20 3Q '20 4Q '20 1Q '21 2Q '21 3Q '21 4Q '21 Certificates of Occupancy 112 Residential Permits Outlook Negative Source: City of Denton's Development Services Department. Description:Residential Permits are issued in compliance with the 2009 International Residential Code (IRC)and applicable City ordinances. The data presented in this analysis only include new permits issued and not remodels/alterations. Analysis:Residential Permits are an economic indicator that provides a framework for the overall condition of the local economy.In particular, residential permits have a direct correlation with building inspection fees and appraised values. Residential permits decreased 33.4%from the prior quarter and decreased 4.3%from the 4th Quarter of 2020. Staff has rated the outlook for this revenue indicator as Negative. 0.0 50.0 100.0 150.0 200.0 250.0 300.0 350.0 400.0 450.0 4Q '16 1Q '17 2Q '17 3Q '17 4Q '17 1Q '18 2Q '18 3Q '18 4Q '18 1Q '19 2Q '19 3Q '19 4Q '19 1Q '20 2Q '20 3Q '20 4Q '20 1Q '21 2Q '21 3Q '21 4Q '21 Residential Permits 113 Texas Leading Indicators Index Outlook Positive Source: Federal Reserve Bank of Dallas Description:The Texas Leading Indicators Index is a single weighted summary statistic that sheds light on the future of the state's economy. The index is designed to signal movements and changes in the state's rate of growth. The index includes the following leading indicators: Texas Value of the Dollar, U.S. Leading Index, Real Oil Prices, Well Permits, Initial Claims for Unemployment Insurance, Texas Stock Index, Help‐Wanted Advertising, and Average Weekly Hours Worked in Manufacturing.   Analysis:Texas Leading Indicators provide a framework for the overall condition of the local economy. Data for this quarter shows an increase in the state's rate of growth. The index increased 0.70% from the prior quarter and increased 16.88% from the 4th Quarter of 2020.  Staff has rated this indicator as Positive. 100.0 105.0 110.0 115.0 120.0 125.0 130.0 135.0 140.0 4Q '14 2Q '15 4Q '15 2Q '16 4Q '16 2Q '17 4Q '17 2Q '18 4Q '18 2Q '19 4Q '19 2Q '20 4Q '20 2Q '21 4Q '21 Texas Leading Indicators Index 114 Unemployment Rate Index Outlook Positive Description:Unemployment is defined as the number or proportion of people looking for work at the prevailing wage who are unable to find employment.   Analysis: Unemployment is an economic indicator that provides a framework for the overall condition of the national, state and local economies. The unemployment rate for the City of Denton is at 4.5% for the 4th Quarter. Since this is a decrease over the prior year's quarter rate, staff has rated the outlook indicator as Positive. Note: U6 unemployment includes marginally attached workers who currently are neither working nor looking for work but indicate that they want and are available for a job and have looked for work sometime in the recent past. Discouraged workers, a subset of the marginally attached, have given a job‐market related reason for not looking currently for a job. Persons employed part‐time for economic reasons are those who want and are available for full‐time work but have had to settle for a part‐time schedule. Source: Federal Reserve Bank of Dallas, U.S. Bureau of Labor Statistics, and Texas Workforce Commission 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 4Q '15 2Q '16 4Q '16 2Q '17 4Q '17 2Q '18 4Q '18 2Q '19 4Q '19 2Q '20 4Q '20 2Q '21 4Q '21 Unemployment Rate Index Dallas‐Plano‐Irving MD Denton Texas U6 Unemployment United States 115 Section 4 City of Denton Quarterly Financial Report September 2021 INVESTMENT REPORT 116 4th Fiscal Quarter Ending September 30, 2021 Page 1 INVESTMENT POOL Policy Par Market Book Unrealized Max.Benchmark Portfolio:Value Value Value Gain/(Loss)1 WAM WAM YTM Yield* Investment Pool 700,953,699$ 702,828,857$ 702,125,607$ 703,249$ 115 550 0.24%0.08% *Twelve month moving average of a one year U.S. T-bill yield % of Total Par Market Book Unrealized Portfolio Policy Securities By Investment Type:Value Value Value Gain/(Loss)1 WAM YTM (Book Value)2 Max. U.S. Treasuries 199,000,000$ 199,936,843$ 199,950,655$ (13,812)$ 235 0.10%16.37%100.00% U.S. Federal Agencies 112,500,000$ 113,364,650$ 112,659,269$ 705,381$ 213 1.06%20.67%100.00% Municipal Bonds 5,000,000$ 5,088,900$ 5,091,127$ (2,227)$ 137 0.10%1.84%15.00% Certificates of Deposit -$ -$ -$ -$ 0 0.00%0.00%35.00% Commercial Paper 90,000,000$ 89,984,765$ 89,970,858$ 13,907$ 98 0.12%13.75%15.00% Local Government Investment Pools 244,775,270$ 244,775,270$ 244,775,270$ -$ 1 0.01%42.26%50.00% Demand Deposits 49,678,429$ 49,678,429$ 49,678,429$ -$ 1 0.22%5.11%- Total Portfolio 700,953,699$ 702,828,857$ 702,125,607$ 703,249$ 115 0.24%100.00%- Current 3 Months Ago 3 Month 1 Year Ago Investment Pool Comparisons:9/30/2021 6/30/2021 Difference 9/30/2020 Par Value 700,953,699$ 544,831,766$ 156,121,933$ 606,600,773$ Market Value 702,828,857$ 546,469,950$ 156,358,907$ 611,503,081$ Book Value 702,125,607$ 545,406,694$ 156,718,913$ 608,013,138$ Unrealized Gain(Loss)703,249$ 1,063,356$ (360,107)$ 3,489,943$ Weighted Average Maturity 115 85 30 165 Yield to Maturity 0.24%0.38%-0.14%0.94% Portfolio Composition: U.S. Treasuries 28.48%16.37%12.11%21.26% U.S. Federal Agencies 16.05%20.67%-4.62%31.63% Municipal Bonds 0.73%1.84%-1.11%2.37% Certificates of Deposit 0.00%0.00%0.00%0.00% Commercial Paper 12.81%13.75%-0.94%7.40% Local Government Investment Pools 34.86%42.26%-7.40%35.42% Demand Deposits 7.08%5.11%1.97%1.92% Bank Collateral Review**:Institution Collateral Type Market Value Collected Balance Collateral Ratio Wells Fargo Demand Deposits BNY Mellon U.S. Agency MBS 87,617,667$ 49,678,429$ > 102%176.37% **Does not include FDIC insurance Depository Ledger Balance Review:Institution Account Type Beginning Bal.Deposits Ending Bal. Wells Fargo Bank Checking 21,427,963$ 116,373,472$ 38,031,625$ Wells Fargo Bank ARPA Funds 11,646,214$ 590$ 11,646,804$ Compliance Statement & Review: (50) -0.70% -1.64% 91,325,776$ 94,112,469$ (2,786,694)$ 7.22% CITY OF DENTON : QUARTERLY INVESTMENT REPORT 1 Year Ago Difference 94,352,926$ 1Unrealized gain/(loss)is the difference between the market and book value and does not represent an actual gain or loss. Gains and losses are realized only when a security is sold prior to maturity. Since it is the City's practice to hold investments until they mature, the temporary gains and losses are unlikely to be realized. Withdrawals The Quarterly Investment Report is in full compliance with the objectives, restrictions,and strategies as set forth in the City of Denton's Investment Policy and the Public Funds Investment Act (Texas Government Code, Chapter 2256.023). Approver: David Gaines -15.58% 0.00% 5.16% Pledge Required 5.41% -0.56% -$ 99,769,810$ Assistant Director of Finance Reviewer: Nicholas Vincent Chief Financial Officer Director of Finance Approver: Cassandra Ogden Preparer: Randee Klingele Treasury Manager DocuSign Envelope ID: 391ED523-8DB9-4603-B0E1-B1E462484ACA 117 4th Fiscal Quarter Ending September 30, 2021 Page 2 INVESTMENT POOL Current 3 Months Ago 3 Month 1 Year Ago 1 Year 9/30/2021 6/30/2021 Difference 9/30/2020 Difference Par Value - U.S. Treasuries 199,000,000$ 89,000,000$ 110,000,000$ 129,000,000$ 70,000,000$ Par Value - U.S. Federal Agencies 112,500,000 112,500,000 - 191,525,000 (79,025,000) Par Value - Municipal Bonds 5,000,000 10,000,000 (5,000,000) 14,000,000 (9,000,000) Certificates of Deposit - - - - - Par Value - Commercial Paper 90,000,000 75,000,000 15,000,000 45,000,000 45,000,000 Local Government Investment Pools 244,775,270 230,478,678 14,296,592 215,372,946 29,402,324 Demand Deposits 49,678,429 27,853,088 21,825,341 11,702,827 37,975,602 Total Par Value 700,953,699$ 544,831,766$ 156,121,933$ 606,600,773$ 94,352,926$ Market Value - U.S. Treasuries 199,936,843$ 89,344,640$ 110,592,203$ 130,420,891$ 69,515,952$ Market Value - U.S. Federal Agencies 113,364,650 113,742,774 (378,124) 194,616,782 (81,252,132) Market Value - Municipal Bonds 5,088,900 10,060,000 (4,971,100) 14,414,520 (9,325,620) Certificates of Deposit - - - - - Market Value - Commercial Paper 89,984,765 74,990,770 14,993,995 44,975,115 45,009,650 Local Government Investment Pools 244,775,270 230,478,678 14,296,592 215,372,946 29,402,324 Demand Deposits 49,678,429 27,853,088 21,825,341 11,702,827 37,975,602 Total Market Value 702,828,857$ 546,469,950$ 156,358,907$ 611,503,081$ 91,325,776$ Book Value - U.S. Treasuries 199,950,655$ 89,268,528$ 110,682,127$ 129,257,967$ 70,692,687.85$ Book Value - U.S. Federal Agencies 112,659,269 112,761,592 (102,323) 192,292,183 (79,632,914) Book Value - Municipal Bonds 5,091,127 10,058,018 (4,966,891) 14,411,758 (9,320,631) Certificates of Deposit - - - - - Book Value - Commercial Paper 89,970,858 74,986,690 14,984,168 44,975,457 44,995,401 Local Government Investment Pools 244,775,270 230,478,678 14,296,592 215,372,946 29,402,324 Demand Deposits 49,678,429 27,853,088 21,825,341 11,702,827 37,975,602 Total Book Value 702,125,607$ 545,406,594$ 156,719,014$ 608,013,138$ 94,112,470$ Accrued Interest 728,600$ 1,243,996$ (515,397)$ 1,650,913$ (922,313)$ Cash Value -703,557,457$ 547,713,946$ 155,843,510$ 613,153,994$ 90,403,463$ (Total Market Value + Accrued Interest) Unrealized Gain/(Loss)703,249$ 1,063,356$ (360,107)$ 3,489,943$ (2,786,694)$ Strategy Statement: CITY OF DENTON : QUARTERLY INVESTMENT REPORT The investment pool is an aggregation of the majority of City funds which may include tax receipts, enterprise fund revenues, fine and fee income, as well as some,but not necessarily all bond proceeds, grants, gifts and endowments. This portfolio is maintained to meet anticipated daily cash needs for the City's operations, capital projects and debt service.In order to meet these obligations and to minimize potential liquidation losses, the dollar-weighted stated average maturity of the investment pool shall not exceed 1.5 years or 550 days. The objectives of this portfolio are to: (1) ensure safety of principal by investing in only high quality securities for which a strong secondary market exists; (2) ensure that anticipated cash flow needs are matched with adequate investment liquidity; (3) limit market and credit risk through diversification;and (4) attain the best feasible yield, commensurate with the objectives and restrictions set forth in the Investment Policy,by actively managing the portfolio to meet or exceed the twelve month moving average yield of a one year U.S. Treasury bill as derived from the Federal Reserve Statistical Release H.15 for constant maturities. DocuSign Envelope ID: 391ED523-8DB9-4603-B0E1-B1E462484ACA 118 4th Fiscal Quarter Ending September 30, 2021 Page 3 INVESTMENT POOL (Based on Book Value) Current 3 Months Ago 1 Year Ago Summary By Security Type:9/30/2021 6/30/2021 9/30/2020 U.S. Treasuries 199,950,655$ 89,268,528$ 129,257,967$ U.S. Federal Agencies 112,659,269 112,761,592 192,292,183 U.S. Federal Agencies - Callable - - - Municipal Bonds 5,091,127 10,058,018 14,411,758 Certificates of Deposit - - - Commercial Paper 89,970,858 74,986,690 44,975,457 Local Government Investment Pools 244,775,270 230,478,678 215,372,946 Demand Deposits 49,678,429 27,853,088 11,702,827 Total Book Value 702,125,607$ 545,406,594$ 608,013,138$ 2976785 552720901.1 12/31/2019 Objective: Current 3 Months Ago 1 Year Ago Summary By Security Type:9/30/2021 6/30/2021 9/30/2020 U.S. Treasuries 28.48%16.37%21.26% U.S. Federal Agencies 16.05%20.67%31.63% U.S. Federal Agencies - Callable 0.00%1.84%2.37% Municipal Bonds 0.73%0.00%0.00% Certificates of Deposit 0.00%0.00%0.00% Commercial Paper 12.81%13.75%7.40% Local Government Investment Pools 34.86%42.26%35.42% Demand Deposits 7.08%5.11%1.92% Total 100.00%100.00%100.00% CITY OF DENTON : QUARTERLY INVESTMENT REPORT The portfolio is restricted to U.S. Treasuries and agency securities (maturing in less than five years); state and locally issued Texas municipal bonds rated AA or better (maturing in less than three years); insured, collateralized,or standby letter of credit backed certificates of deposit (maturing in less than three years); collateralized repurchase agreements (maturing in less than thirty days); commercial paper rated A-1/P-1 or better (maturing in less than 270 days); and local government pools & SEC registered government money market mutual funds (weighted average maturity of less than 60 days). U.S. Treasuries 28.48% U.S. Federal Agencies 16.05%Municipal Bonds 0.73% Commercial Paper 12.81% Local Government Investment Pools 34.86% Demand Deposits 7.08% Current 9/30/2021 DocuSign Envelope ID: 391ED523-8DB9-4603-B0E1-B1E462484ACA 119 4th Fiscal Quarter Ending September 30, 2021 Page 4 INVESTMENT POOL (Based on Book Value) Current 3 Months Ago 1 Year Ago Summary By Issuer:9/30/2021 6/30/2021 9/30/2020 AUSTIN TEXAS -$ -$ -$ BAYLOR SCOTT 9,999,600 9,998,889 9,997,289 CORNELL UNIVERSITY - - - DARTMOUTH COLLEGE - - - FFCB 62,502,349 72,508,461 87,544,990.21 FHLB 35,123,715 25,187,744 59,401,802.60 FHLMC 4,999,342 4,999,102 15,056,658.17 FNMA 10,033,863 10,066,285 30,288,732.22 JP MORGAN SECURITIES LLC - - - JOHNS HOPKINS UNIVERSITY 9,999,942 9,999,645 - NORTHWEST ISD 5,091,127 - - PRINCETON UNIVERSITY - - - PLANO ISD-BLDG - - 4,070,903 RBC 17,488,576 9,990,036 4,992,150.00 STATE OF CALIFORNIA 20,000,000 20,000,000 5,000,000.00 STATE OF TEXAS - 10,058,018 10,340,855 TEXPOOL 115,000,000 115,000,000 25,000,000.00 TEXSTAR 129,775,270 115,478,677 190,372,945.78 TOYOTA MOTOR CREDIT CORP 7,493,656 9,998,819 14,986,018.06 U.S. TREASURY 199,950,655 89,268,528 129,257,967.15 UNIVERSITY OF NORTH CAROLINA - - 10,000,000.00 UNIVERSITY OF TEXAS 24,989,083 14,999,300 - WELLS FARGO DEMAND DEPOSITS 49,678,429 27,853,088 11,702,827.32 Total Book Value 702,125,607$ 545,406,593$ 608,013,138$ Current 3 Months Ago 1 Year Ago Summary By Issuer:9/30/2021 6/30/2021 9/30/2020 BAYLOR SCOTT 1.42%1.83%1.64% FFCB 8.90%13.29%14.40% FHLB 5.00%4.62%9.77% FHLMC 0.71%0.92%2.48% FNMA 1.43%1.85%4.98% JOHNS HOPKINS UNIVERSITY 1.42%1.83%0.00% PLANO ISD-BLDG 0.00%0.00%0.67% RBC 2.49%1.83%0.82% STATE OF CALIFORNIA 2.85%3.67%0.82% NORTHWEST ISD 0.73%0.00%0.00% STATE OF TEXAS 0.00%1.84%1.70% TEXPOOL 16.38%21.09%4.11% TEXSTAR 18.48%21.17%31.31% TOYOTA MOTOR CREDIT CORP 1.07%1.83%2.46% U.S. TREASURY 28.48%16.37%21.26% UNIVERSITY OF NORTH CAROLINA 0.00%0.00%1.64% UNIVERSITY OF TEXAS 3.56%2.75%0.00% WELLS FARGO DEMAND DEPOSITS 7.08%5.11%1.92% Total 100.00%100.00%100.00% CITY OF DENTON : QUARTERLY INVESTMENT REPORT 1.42% 8.90% 5.00% 0.71% 1.43% 1.42% 2.49% 2.85%0.73%16.38% 18.48% 1.07% 28.48% 3.56% 7.08% Current 9/30/2021 BAYLOR SCOTT FFCB FHLB FHLMC FNMA JOHNS HOPKINS UNIVERSITY RBC STATE OF CALIFORNIA NORTHWEST ISD TEXPOOL TEXSTAR TOYOTA MOTOR CREDIT CORP U.S. TREASURY UNIVERSITY OF TEXAS WELLS FARGO DEMAND DEPOSITS DocuSign Envelope ID: 391ED523-8DB9-4603-B0E1-B1E462484ACA 120 4th Fiscal Quarter Ending September 30, 2021 Page 5 INVESTMENT POOL (Based on Par Value) Current 3 Months Ago 1 Year Ago Maturity Time Frame:9/30/2021 6/30/2021 9/30/2020 00-03 Months 390,953,699$ 388,331,766$ 287,075,773$ 03-06 Months 120,000,000 66,500,000 112,945,000 06-12 Months 165,000,000 50,000,000 110,080,000 12-24 Months 25,000,000 30,000,000 86,500,000 24 Months & Over - 10,000,000 10,000,000 Total Par Value 700,953,699$ 544,831,766$ 606,600,773$ 12/31/2019 Objective: Current 3 Months Ago 1 Year Ago Maturity Time Frame:9/30/2021 6/30/2021 9/30/2020 00-03 Months 55.77%71.28%47.21% 03-06 Months 17.12%12.21%18.60% 06-12 Months 23.54%9.18%18.21% 12-24 Months 3.57%5.51%14.33% 24 Months & Over 0.00%1.84%1.65% Total 100.00%100.00%100.00% CITY OF DENTON : QUARTERLY INVESTMENT REPORT The risk of market price volatility is minimized through maturity diversification. Investment maturities are staggered to provide cash flows based on the anticipated needs of the City. Liquidity is achieved by matching investment maturities with forecasted cash disbursements and by investing in securities with active secondary markets. Short-term local government investment pools and government money market mutual funds help to provide daily liquidity and may be utilized as a competitive alternative to other fixed income investments. $0 $50,000,000 $100,000,000 $150,000,000 $200,000,000 $250,000,000 $300,000,000 $350,000,000 $400,000,000 $450,000,000 $500,000,000 $550,000,000 $600,000,000 $650,000,000 $700,000,000 $750,000,000 Current 3 Months Ago 1 Year Ago 00-06 Months 06-12 Months 12-24 Months 24 Months & Over DocuSign Envelope ID: 391ED523-8DB9-4603-B0E1-B1E462484ACA 121 4th Fiscal Quarter Ending September 30, 2021 Page 6 ECONOMIC SUMMARY Interest Rate History Source: U.S. Federal Reserve Statistical Release (H.15) Dec-15 Mar-16 Jun-16 Sep-16 Dec-16 Mar-17 Jun-17 Sep-17 Dec-17 Mar-18 Jun-18 Sep-18 Market Sector:Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Fed Funds (effective)0.24%0.36%0.38%0.40%0.54%0.79%1.04%1.15%1.30%1.67%1.90%2.15% 3-Month U.S. T-Bill 0.23%0.30%0.27%0.29%0.51%0.75%1.00%1.05%1.32%1.71%1.92%2.20% 2-Year U.S. T-Note 0.98%0.88%0.73%0.77%1.20%1.31%1.34%1.38%1.84%2.27%2.53%2.57% Portfolio Benchmark*0.32%0.41%0.49%0.54%0.61%0.69%0.83%1.00%1.20%1.46%1.75%2.05% Portfolio Yield 0.72%0.79%0.81%0.90%0.95%1.07%1.16%1.25%1.29%1.42%1.58%1.73% Dec-18 Mar-19 Jun-19 Sep-19 Dec-19 Mar-20 Jun-20 Sep-20 Dec-20 Mar-21 Jun-21 Sep-21 Market Sector:Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Fed Funds (effective)2.40%2.41%2.37%1.90%1.56%0.02%0.08%0.09%0.08%0.06%0.05%0.05% 3-Month U.S. T-Bill 2.36%2.39%2.09%1.82%1.55%0.09%0.14%0.10%0.07%0.02%0.04%0.04% 2-Year U.S. T-Note 2.49%2.26%2.10%1.76%1.57%0.25%0.15%0.13%0.12%0.15%0.25%0.21% Portfolio Benchmark*2.33%2.48%2.00%1.80%1.55%0.33%0.18%0.13%0.12%0.08%0.07%0.08% Portfolio Yield 2.01%2.20%2.20%2.08%1.96%1.62%1.31%0.94%0.80%0.45%0.38%0.24% *Twelve month moving average of a one year U.S. T-bill yield Fiscal Year: 2020-2021 2019-2020 2018-2019 2017-2018 2016-2017 QUARTERLY COMMENTARY 9/30/2021 4,734,315$ 2,763,135$ 9,330,232$ 7,751,129$ 5,750,008$ 6,515,166$ 8,955,045$ 6,999,226$ 2nd Quarter 3rd Quarter 4th Quarter 2,138,420$ 4,317,890$ Source: Hilltop Securities Asset Management Economic Summary CITY OF DENTON : QUARTERLY INVESTMENT REPORT Fiscal Year 2015-2016 Fiscal Year 2016-2017 Fiscal Year 2017-2018 Fiscal Year-to-Date Earnings 3 Months 6 Months 9 Months 12 Months 1,175,753$ The portfolio is in compliance with the City's Investment Policy. During the fourth quarter, thirteen investments matured totaling $130 million and nineteen investments were purchased totaling $250 million. The portfolio's weighted average yield remains higher than the benchmark 12-month Treasury bill index by 16 basis points. During the September 21st FOMC meeting committee members targeted mid-2022 as the end point for asset purchases, with broad support on both the timing and pace of the taper. In addition, it was reiterated that rates would not be raised until the taper is complete. Investments and deposits with daily liquidity was 42.01%. Staff will continue to monitor the investment portfolio and ensure compliance with the City's Investment Policy and the Public Funds Investment Act. Staff will continue to monitor the investment portfolio and ensure compliance with the City's Investment Policy and the Public Funds Investment Act. Fiscal Year 2019-2020 2,955,835$ 12,354,692$ 1,324,344$ 2,332,128$ 2,937,508$ 3,413,936$ 6,122,536$ 9,262,499$ 2,982,157$ 1st Quarter Fiscal Year 2018-2019 Fiscal Year 2020-2021 0.00% 1.00% 2.00% 3.00% Dec- 15 Mar- 16 Jun- 16 Sep- 16 Dec- 16 Mar- 17 Jun- 17 Sep- 17 Dec- 17 Mar- 18 Jun- 18 Sep- 18 Dec- 18 Mar- 19 Jun- 19 Sep- 19 Dec- 19 Mar- 20 Jun- 20 Sep- 20 Dec- 20 Mar- 21 Jun- 21 Sep- 21 Fed Funds 3-Month T-Bill 2-Year T-Note Portfolio Yield Portfolio Benchmark* FY 2015-16 FY 2016-17 FY 2017-18 FY 2019-20 FY 2020-21FY 2018-19 DocuSign Envelope ID: 391ED523-8DB9-4603-B0E1-B1E462484ACA 122 Days to Maturity Page 1 Par Value Book Value Maturity Date Stated RateMarket Value September 30, 2021 Portfolio Details - Investments Average BalanceIssuer Portfolio Management Monthly Reports YTM 365CUSIPInvestment #Purchase Date Treasury Discounts -Amortizing 20TREASURY BILL4099 10,000,000.00 9,999,823.33 10/21/202104/26/2021 9,999,570.00 0.033912796G60 146TREASURY BILL4121 10,000,000.00 9,998,134.44 02/24/202208/26/2021 9,998,070.00 0.047912796D30 139TREASURY BILL4122 20,000,000.00 19,996,795.28 02/17/202209/03/2021 19,996,520.00 0.043912796L80 153TREASURY BILL4123 20,000,000.00 19,996,175.00 03/03/202209/03/2021 19,996,180.00 0.046912796L98 59,990,928.05 0.04359,990,340.0060,000,000.0064,657,097.88Subtotal and Average 125 Treasury Securities - Coupon 14U.S. TREASURY4049 4,000,000.00 4,001,835.60 10/15/20212.87511/25/2019 4,004,308.00 1.6539128285F3 14U.S. TREASURY4095 10,000,000.00 10,010,640.29 10/15/20212.87501/12/2021 10,010,770.00 0.0979128285F3 318U.S. TREASURY4105 10,000,000.00 10,123,929.87 08/15/20221.50006/11/2021 10,123,440.00 0.078912828YA2 272U.S. TREASURY4109 15,000,000.00 15,005,479.94 06/30/20220.12507/16/2021 15,004,680.00 0.076912828ZX1 226U.S. TREASURY4112 10,000,000.00 10,104,909.57 05/15/20221.75007/27/2021 10,105,470.00 0.058912828SV3 242U.S. TREASURY4113 15,000,000.00 15,006,445.32 05/31/20220.12507/27/2021 15,004,680.00 0.060912828ZR4 287U.S. TREASURY4114 10,000,000.00 10,132,174.41 07/15/20221.75007/28/2021 10,130,470.00 0.0699128287C8 334U.S. TREASURY4116 20,000,000.00 20,008,523.08 08/31/20220.12507/29/2021 20,004,680.00 0.07891282CAG6 349U.S. TREASURY4117 20,000,000.00 20,269,355.33 09/15/20221.50007/29/2021 20,266,400.00 0.089912828YF1 318U.S. TREASURY4124 10,000,000.00 10,123,859.74 08/15/20221.50009/03/2021 10,123,440.00 0.078912828YA2 395U.S. TREASURY4125 5,000,000.00 5,001,689.38 10/31/20220.12509/15/2021 5,000,195.00 0.09491282CAR2 410U.S. TREASURY4126 10,000,000.00 10,170,884.42 11/15/20221.62509/23/2021 10,167,970.00 0.101912828TY6 139,959,726.95 0.124139,946,503.00139,000,000.00131,875,376.23Subtotal and Average 282 Federal Agency Issues - Coupon 45FFCB40067,500,000.00 7,501,830.20 11/15/20213.05012/12/2018 7,527,187.95 2.8403133EJT74 689FFCB401310,000,000.00 9,999,622.22 08/21/20232.57002/21/2019 10,426,884.20 2.5723133EKAU0 151FFCB401510,000,000.00 9,999,795.06 03/01/20222.55003/01/2019 10,104,137.80 2.5553133EKBV7 73FFCB405410,000,000.00 10,000,145.04 12/13/20211.58001/08/2020 10,029,956.70 1.5723133ELDU5 112FFCB405610,000,000.00 10,004,740.85 01/21/20221.60001/31/2020 10,046,338.70 1.4423133ELHR8 229FFCB40765,000,000.00 4,996,690.92 05/18/20220.16005/28/2020 5,001,651.10 0.2653133ELZN7 350FFCB410610,000,000.00 9,999,524.67 09/16/20220.08006/16/2021 9,998,815.50 0.0853133EMK68 277FHLB406710,000,000.00 10,095,619.06 07/05/20221.95503/16/2020 10,140,350.10 0.0693130ABCY0 0FHLB40685,000,000.00 5,000,000.00 10/01/20210.32004/02/2020 5,000,000.00 0.3203130AJGL7 80FHLB407010,000,000.00 10,028,382.45 12/20/20211.62504/16/2020 10,034,457.40 0.3273130AHSR5 298FHLB411510,000,000.00 9,999,713.18 07/26/20220.07007/29/2021 10,000,820.30 0.0743130ANEU0 250FHLMC40785,000,000.00 4,999,341.80 06/08/20220.25006/15/2020 5,005,226.35 0.2693134GVJ66 96FNMA406610,000,000.00 10,033,863.17 01/05/20222.00003/16/2020 10,048,823.40 0.6933135G0S38 112,659,268.62 1.061113,364,649.50112,500,000.00112,675,707.07Subtotal and Average 213 Portfolio CITY APData Updated: SET_MO: 10/13/2021 13:38 Run Date: 10/13/2021 - 13:38 PM (PRF_PM2) 7.3.0 Report Ver. 7.3.6.1 123 Days to Maturity Page 2 Par Value Book Value Maturity Date Stated RateMarket Value September 30, 2021 Portfolio Details - Investments Average BalanceIssuer Portfolio Management Monthly Reports YTM 365CUSIPInvestment #Purchase Date Municipal Bonds - Coupon 137Northwest Ind School Dist (TX)4108 5,000,000.00 5,091,126.60 02/15/20225.00007/22/2021 5,088,900.00 0.101667826AT8 5,091,126.60 0.1015,088,900.005,000,000.005,100,987.32Subtotal and Average 137 Commercial Paper Disc. - Amortizing 18BAYLOR SCOTT4118 10,000,000.00 9,999,600.00 10/19/20210.08008/10/2021 9,999,580.00 0.08107287CXK3 119RBC410010,000,000.00 9,994,380.55 01/28/202205/05/2021 9,996,330.00 0.17578009BAU6 199RBC41107,500,000.00 7,494,195.84 04/18/20220.14007/26/2021 7,494,292.50 0.14478009BDJ8 203TOYOTA MOTOR CREDIT4111 7,500,000.00 7,493,656.25 04/22/20220.15007/27/2021 7,494,562.50 0.15589233HDN1 131UNIVERSITY OF TEXAS CP4119 25,000,000.00 24,989,083.33 02/09/20220.12008/13/2021 25,000,000.00 0.12291510LB95 59,970,915.97 0.13159,984,765.0060,000,000.0059,967,824.65Subtotal and Average 128 Commercial Paper - Interest Bearing 46State of California4120 20,000,000.00 20,000,000.00 11/16/20210.09008/18/2021 20,000,000.00 0.09013068FBX5 20,000,000.00 0.09020,000,000.0020,000,000.0020,000,000.00Subtotal and Average 46 Commercial Paper - Cpn at Disc/Prem 18JOHNS HOPKINS UNIV CP4107 10,000,000.00 9,999,941.94 10/19/20210.07006/17/2021 10,000,000.00 0.08347803LLX9 9,999,941.94 0.08310,000,000.0010,000,000.009,999,895.16Subtotal and Average 18 Local Govt Investment Pools 1LOCAL GOVT INV POOL - TEXPOOL3996 115,000,000.00 115,000,000.00 0.037115,000,000.00 0.037SYS3996 1LOCAL GOVT INV POOL - TEXSTAR3641 129,775,269.64 129,775,269.64 0.010129,775,269.64 0.010SYS3641 244,775,269.64 0.023244,775,269.64244,775,269.64248,480,163.61Subtotal and Average 1 Demand Deposits 1DEMAND DEPOSITS - WELLS FARGO3706 38,031,625.28 38,031,625.28 0.25038,031,625.28 0.250SYS3706 1DEMAND DEPOSITS - WELLS FARGO4082 0.00 0.000.00 0.000SYS4082 1DEMAND DEPOSITS - WELLS FARGO4104 11,646,804.20 11,646,804.20 0.17006/01/2021 11,646,804.20 0.170SYS4104 49,678,429.48 0.23149,678,429.4849,678,429.4847,853,394.43Subtotal and Average 1 0.239700,610,446.33 700,953,699.12 115702,828,856.62 702,125,607.25Total and Average Portfolio CITY APData Updated: SET_MO: 10/13/2021 13:38 Run Date: 10/13/2021 - 13:38 PM (PRF_PM2) 7.3.0124 Days to Maturity Page 3 Par Value Book Value Stated RateMarket Value September 30, 2021 Portfolio Details - Cash Average BalanceIssuer Portfolio Management Monthly Reports YTM 365CUSIPInvestment #Purchase Date 0.00 0.239700,610,446.33 700,953,699.12 115 0Average Balance 702,828,856.62 702,125,607.25Total Cash and Investments Portfolio CITY APData Updated: SET_MO: 10/13/2021 13:38 Run Date: 10/13/2021 - 13:38 PM (PRF_PM2) 7.3.0125 Date: January 7, 2022 Report No. 2022-002       INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: The Impact of COVID on Solid Waste & Equipment BACKGROUND: Since the COVID-19 outbreak began affecting the City of Denton and Cities across the nation, employees have worked to maintain a core level of services for its residential and business communities. As we are all aware with the outbreak of the Omicron variant, COVID is significantly affecting the entire city with employees testing positive and unable to provide essential services. Resultantly, departments are busy preparing and implementing the continuation of operations plans to ensure core services are maintained while the health and safety of the community are protected. DISCUSSION: The Solid Waste & Recycling Department (SWR) is committed to providing core services to every customer on a scheduled service day. The effect of the recently identified Omicron COVID variant, and anticipated future variants, on SWR hold the potential of requiring service delays and suspensions of some core services. For example, should nine or more operators/drivers be exposed and off at any given time, the below measures (listed by priority) may be taken to ensure that a basic level of services are provided to our residential customers.  Eliminate bulk collection  Move yard waste collection to Fridays  Alternate weekly collections of yard waste and recycling o (moving to twice per month vs. weekly)  Eliminate yard waste collection  Eliminate recycling collection For commercial customers, delays are possible, but, if a critical mass of operators are absent, the department will prioritize the collection of schools, hospitals, assisted living facilities, and multifamily complexes. As Fleet Maintenance is the sole service and repair provider for SWR vehicles, they are also experiencing the effects of COVID among their staff, which means repairs can be delayed. Additionally, as COVID is a global event, Fleet sources parts from vendors around the country. Resultantly, some parts & supplies are on backorder and/or in short supply. Fleet Maintenance is 126 Date: January 7, 2022 Report No. 2022-002       working closely with these vendors to ensure parts that are available are expeditiously delivered. When parts availability and delivery delays occur, Fleet Maintenance assesses each situation to determine if the vehicle can be safely operated until the replacement part arrives and is installed. If a DOT safety concern is identified, the vehicle will be parked, and repairs made once parts are available. Fleet has made a commitment to prioritize the repairs of Solid Waste vehicles. While Fleet Services continues working to maintain the viability of existing rolling stock, Solid Waste and Recycling is expecting the arrival of several, new vehicles within the next 30 to 60 days. The purchase of these vehicles was approved as part of past budget approvals and will allow the department to maintain a minimal amount of vehicles as well as create a small pool of “back-up” equipment to support the inventory needed to provide service. Solid Waste and Recycling is making every effort to ensure our employees remain safe and healthy. In addition to providing face masks and working to enforce continued usage, as appropriate, we are having constant conversations regarding social distancing and maintaining personal hygiene, every vehicle is spot cleaned after each shift. In the event, a team member tests positive for COVID, they are immediately sent home and their assigned vehicle or workspace is thoroughly sanitized. Should service interruptions be required, the City will utilize all avenues of outreach to communicate changes to our solid waste customers. Similarly, a notice of service interruption will be sent to the Mayor, Council Members, and City Leadership. Suspended services will be re-established as critical staffing levels are recovered. STAFF CONTACT: Brian Boerner, Solid Waste Director, Eugene McKinnie, Deputy Director Solid Waste and Recycling REQUESTOR: Staff Initiated 127 January 7, 2022 Report No. 2022-003 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Citizen inquiry regarding streetlights in Vista del Arroyo Subdivision EXECUTIVE SUMMARY: On December 31, 2021, Ms. Terry Harwell contacted DME inquiring as to why the Vista del Arroyo Subdivision currently has no streetlights. DISCUSSION: Per the plat filed with Denton County, Vista del Arroyo Subdivision was approved by the City of Denton Planning & Zoning (P&Z) Commission on April 8, 2015. At the time of final approval, the development would have to adhere to the rules and regulations/requirements of the December 5, 2014, Supplement 9 Denton Development Code (2002 DDC). Vista del Arroyo has a single road and is considered a “gated community” based on its single roadway classification. This roadway, Solana Circle, as indicated on the final plat filed in Denton County is identified as “Public Access, Fire Lane, & Utility Easement.” This language provides for the classification of the roadway as private – not owned or maintained by the City of Denton. There is no “gate” restricting access to the development. However, the roadway classification is consistent with other similar developments and the classification as a gated community or in simple terms a private development. Requirements from the December 5, 2014 Supplement 9 DDC: Subsection 35.16.21 Gated Community Requirements Section C Street Lighting 1. Street lighting on private streets is required to meet the design standards of the City and shall be installed and maintained by the HOA at no cost to the City. 2. Luminaries, fixtures, poles, foundations, conduit, wiring, appurtenances, and any other ancillary items associated with street lighting shall be owned, operated, and maintained by the HOA. All energy costs will be metered and invoiced to the HOA under the appropriate rate schedule. The HOA shall be solely responsible to obtain and pay for power needed to illuminate street lighting. Section H Homeowners Association Required 1. A Homeowners Association (HOA) is required to be established. Documents establishing the HOA must be submitted as a part of the Final Plat application providing 128 January 7, 2022 Report No. 2022-003 for the maintenance, repair, and/or replacement obligations of the HOA for private roads, alleys, gates, fences, street lighting, drainage items and/or other like held facilities and/or common areas, their appurtenances and/or other associated ancillary items and improvements, shall be incorporated into the Final Plat. The current DDC (adopted November 18, 2021) has the following requirements: Subsection 8.3.6 Gated Community states a gated community may be approved only through the planned development (PD) procedures in Subsection 2.47.3, Rezone to a Planned Development (PD) District. Section F Street Lighting 1. Street lighting on private streets is required to meet the design standards of the city and shall be installed and maintained by the HOA at no cost to the city. 2. Luminaries, fixtures, poles, foundations, conduit wiring, appurtenances, and any other ancillary items associated with street lighting shall be owned, operated, and maintained by the HOA. 3. All energy costs will be metered and invoiced to the HOA under the appropriate rate schedule. 4. The HOA shall be solely responsible to obtain and pay for power needed to illuminate street lighting. There is minimal change to the language of the responsible party to install streetlights in private or gated communities. Section J Homeowners Association (HOA) Required Documents establishing the HOA shall be submitted as part of the final plat application, providing for the maintenance, repair and/or replacement obligations of the HOA for private roads, alleys, gates, fences, street lighting, drainage items and/or other like held facilities and/or common areas, their appurtenance and/or other associated ancillary items and improvements, shall be incorporated into the final plat. There is minimal change to the requirement for the establishment of a HOA. CONCLUSION: Based on historic and current DDC requirements for a development of this classification and platted information, it appears the HOA of the development is responsible for the installation of street lighting in the development. DME can work with the HOA to identify a point of delivery for their street lighting system. Please note Vista del Arroyo is in a single certified area to DME and 129 January 7, 2022 Report No. 2022-003 based on the new line extension policy, the HOA will be responsible for paying 100% of any line extension cost. STAFF CONTACT: Jerry Fielder, P.E., Engineering Division Manager, Denton Municipal Electric REQUESTOR: Staff Initiated PARTICIPATING DEPARTMENTS: DME Development Services STAFF TIME TO COMPLETE REPORT: 3 hours 130 Date: January 7, 2022 Report No. 2022-004 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Parkland Dedication and Development – On February 1, 2022, Parks and Recreation will present a work session detailing a Draft Ordinance (Exhibit 2) which updates the current Parkland Dedication and Development ordinance. The information provided within this report and the attached exhibits provide an overview for City Council. EXECUTIVE SUMMARY: The City of Denton assesses parkland dedication and park development fees on all new residential developments. The requirements, criteria, and process for both parkland dedication and development fees are outlined in Ordinance 98-039 (Exhibit 1) approved on February 17, 1998. Park dedication is reinforced in Chapter 22, Article III, Section 22-33 to 22-42 of the Code of Ordinances. The purpose of the park dedication and park development programs is to provide recreational areas in the form of neighborhood parks as part of the planning and development of property and subdivisions. This ordinance has not been updated since 1998 and does not adequately financially support present-day construction of park amenities. DISCUSSION: New residential development generates a need for additional park amenities. Neighborhood and community parks are intended to serve people in the areas near them. The park dedication and park development programs are established with the intent of conveying the cost of a new park to the developer and new homeowners responsible for creating the demand for new park amenities. The land dedication and use of development fees are currently restricted to within one mile from the related development. Specific formulas are outlined in the ordinance to assess the park dedication requirement and the park development fee. All fees in lieu of parkland dedication and all park development fees must be expended within 10 years of the date of receipt. If the funds are not expended in the established timeframe, the developer is entitled to a refund of the amount deposited. The developer must request the refund within a year of entitlement, or the right shall be waived. The current ordinance has not been amended since its adoption in 1998. A review of the ordinance found several components that require updating to meet new standards, including a legal standard set by the Supreme Court case Dolan v. City of Tigar. This ruling states there must be a “rough proportionality” between the requirements imposed on a development and the needs for park use projected to be forthcoming from the development. To meet this standard, a city must demonstrate an individualized approach. Traditional methods of using benchmarking with comparable and national standards as the basis for a formula are no longer accepted. Instead, parkland dedication and park development fees must be calculated based on the additional impact of new demand represented by the development operationalized at the city’s current level of service. 131 Date: January 7, 2022 Report No. 2022-004 Additionally, factors such as the distance perimeter and increased development costs have created challenges in strategic and capital planning and resulted in administrative complexities related to recording and tracking funds. The distance requirement restricts dedication funds to areas where land may not be needed or may be unsuitable or unavailable for purchase as parkland. Similarly, development funds may be committed to an area park low in priority for improvements while higher priority neighborhood parks may have little to no designated development funds. Tracking and mapping the funds add an additional level of difficulty in identifying available funds and ensuring the appropriate expenditure of the funds. The Parks and Recreation Department (PARD) secured the professional services of Dr. John Crompton with Texas A&M University to assist with updating the ordinance. Dr. Crompton is a Distinguished Professor of Recreation, Park and Tourism Sciences at Texas A&M University. His primary interests are in the areas of marketing and financing public leisure and tourism services and he is recognized for his work in park dedication and development funding. Plans to update the ordinance and fee schedule have been presented to the development community at the Developer Town Hall meetings. A focus group of developers and consultants and engineering firms was also formed to receive input on proposed changes. The group includes approximately 11 representatives from eight different firms. Prior to the pandemic, PARD hosted monthly meetings with the group and conducted a few additional meetings during COVID-19. PARD continued to work with Dr. Crompton, the focus group, and internal department stakeholders in the development of a new ordinance and fee schedule. As part of the proposed new ordinance, the permissible use of fees would change from a one-mile radius from a new development to designated service areas where park dedication and development fees would be used in the service area where the new development is located. This would allow fees to be used in a larger area and assure funding is being utilized in areas of community need. In addition to the focus group, staff presented a draft proposal to the Parks, Recreation and Beautification Board and the Planning and Zoning Commission in 2019 and 2020. CONCLUSION: Exhibit 2 provides the Draft Ordinance updating the current Ordinance which currently governs Parkland Dedication and Development. This update also intends to improve and update the Draft Handbook (Exhibit 3) to subsequently put into action. Staff requests feedback on the Draft Ordinance (Exhibit 2), the Draft Handbook (Exhibit 3), and the Draft Presentation (Exhibit 4) prior to their presentation on February 1. Comments may be provided directly to the City Manager’s Office. 132 Date: January 7, 2022 Report No. 2022-004 ATTACHMENTS: Exhibit 1 - Ordinance 98-039 Exhibit 2 - Draft Ordinance Exhibit 3 – Draft Handbook Exhibit 4 – Draft Presentation STAFF CONTACT: Gary Packan, Director Parks and Recreation Laura Behrens, Grants Administrator (Former Assistant Director Parks and Recreation) REQUESTOR: Staff initiated PARTICIPATING DEPARTMENTS: Parks and Recreation, Finance, Development Services, Legal, City Manager’s Office STAFF TIME TO COMPLETE: 200+ hours 133 Subpart A - CODE OF ORDINANCES Chapter 22 - PARKS AND RECREATION ARTICLE III. PARK DEDICATION Denton, Texas, Code of Ordinances Created: 2021-11-30 15:56:35 [EST] (Supp. No. 32, Update 5) Page 1 of 7 ARTICLE III. PARK DEDICATION Sec. 22-33. Purpose. (a) This article is adopted to provide recreational areas in the form of neighborhood parks as a function of subdivision development of the City of Denton. This article is enacted in accordance with the home rule powers of the city granted under the Texas Constitution, and the statutes of the State of Texas, including, but not by way of limitation, V.T.C.A., Local Government Code § 51.071 et seq. (provisions applicable to home- rule municipality) and § 212.001 et seq. (municipal regulation of subdivisions and property development). It is hereby declared by the city council that recreational areas in the form of neighborhood parks are necessary and in the public welfare, and that the only adequate procedure to provide for same is by integrating such a requirement into the procedure for planning and developing property or subdivisions in the city, whether such development consists of new residential construction on vacant land or the addition of new dwelling units on existing residential land. (b) Neighborhood parks are those parks providing for a variety of outdoors recreational opportunities and within convenient distances from a majority of the residences to be served thereby. The primary cost of neighborhood parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, the following requirements are adopted to effect the purposes stated. (Ord. No. 98-039, § I, 2-17-98) Sec. 22-34. Definition of terms. For purposes of this policy, the following terms shall be defined as follows: Developer/owner means the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land. Residential subdivision means the division or redivision of land into five (5) or more lots, tracts, sites or parcels for the purpose of developing residential dwelling units. Dwelling unit means a building or portion of a building which is arranged, occupied or intended to be occupied as living quarters and includes facilities for food preparation and sleeping. Neighborhood park means open space area encompassing five (5) to twenty (20) acres. Neighborhood parks should provide recreational land for residents within an approximate one-half (½) mile service radius. Park dedication requirements means collectively, dedication and/or construction of park facilities, in lieu dedication fee and park development fee. (Ord. No. 98-039, § I, 2-17-98) 134 Created: 2021-11-30 15:56:35 [EST] (Supp. No. 32, Update 5) Page 2 of 7 Sec. 22-35. Applicability. The park dedication requirements of this article shall apply to every residential subdivision and every building permit for construction of a dwelling unit approved after the effective date of this ordinance, except as hereinafter expressly provided to the contrary. (1) Land dedication requirements set forth in section 22-37 shall not apply to an application for approval of a preliminary or final plat for a residential subdivision that was initially filed before the effective date of this ordinance, and which plat has not expired. For all plat applications for a residential subdivision filed after the effective date of this ordinance, land dedication and/or construction requirements for park facilities shall be imposed at the time of preliminary plat approval. (2) Requirements for payment of fees in lieu of park land dedication set forth in section 22-38 shall not apply to any final plat for a residential subdivision that was approved prior to the effective date of this ordinance, nor to any application for a building permit within such subdivision thereafter filed, provided that no replat is necessary. Fees in lieu of park land dedication for all other residential subdivisions shall be paid at the time of release of the final plat for any portion of the subdivision by the city for filing in the county plat records. (3) Requirements for park development fees set forth in section 22-39 shall not apply to any application for a building permit in a residential subdivision that was filed prior to the effective date of this ordinance. Park development fees for all other residential building permits shall be paid prior to issuance of such permits. (4) Following initial imposition and satisfaction of park dedication requirements, additional requirements shall apply to revised plat applications for residential subdivisions and to renewed applications for building permits to construct residential dwellings only if such revised or renewed application results in an increase in the number of dwelling units. In such case, park dedication requirements then in effect shall apply only to the additional dwelling units proposed in the application. (Ord. No. 98-039, § I, 2-17-98) Sec. 22-36. Planning. (a) It is the policy of the city to require developer/owners of residential subdivisions and lots to provide for park land and park facilities at the time of development approval in proportion to the need for such improvements created by the developments and in proportion to the benefits received from contribution of such facilities. It is the city's further policy to impose park dedication requirements consistent with the city's comprehensive plan and officially adopted park and recreation plan. (b) The city shall require developers of residential subdivisions or lots to dedicate land for neighborhood parks, make payment of cash in lieu thereof, make payment of cash for park development fees or construct recreational or park improvements in lieu thereof, or require dedication of additional park land, as hereinafter provided, for park purposes to meet the park and recreational needs as a condition of the development approval The city shall have the right, in its sole discretion, to require a combination of park land dedication and/or payment of cash in lieu thereof, and/or payment of cash for park development fees and/or construction of recreational and park improvements in lieu thereof in order to meet park dedication requirements. (c) The city shall base park dedication requirements on the number of persons expected to reside in a development. The standard for public park land shall be two and one-half (2.5) acres per one thousand (1,000) population. For each residential subdivision, the following formula shall be used to calculate park land needs: 135 Created: 2021-11-30 15:56:35 [EST] (Supp. No. 32, Update 5) Page 3 of 7 2.5 Acres x (No. of Units) x (Persons/Unit) = Acres to be dedicated 1,000 population The number of persons per unit shall be based on both current U.S. census information and data compiled by the city and shall be periodically reviewed and updated. The following figures represent the average number of persons per unit by current density categories, and shall be used to calculate park land dedications. (1) Single-family detached/duplex 2.8 persons/unit (2) Multifamily 1.8 persons/unit (d) Park development fees shall be based upon an assumed cost of typical improvements for five (5) acres neighborhood park of two hundred eight dollars ($208,000). Development costs shall be apportioned among types of dwellings units and park development fees shall be charged in accordance with the following formula: (1) Single-family dwelling: $291.00 (2) Multifamily dwelling: $187.00 (e) Where a substantial private park and recreational area is provided in a proposed residential subdivision and such area is to be privately owned and maintained by the future residents of the subdivision, partial credit may be given to the developer/owner, not to exceed fifty (50) percent of the total acreage requirements for land dedication if the city finds that it is in the public interest to do so and that all the following standards are met: (1) That yards, court areas, setbacks and other open areas required to be maintained by the zoning and subdivision rules and regulations ordinances shall not be included in the computation of such private open space; (2) That the private ownership and maintenance of the open space is adequately provided for by recorded agreement, covenants or restrictions; (3) That the use of the private open space is restricted for park and recreation purposes by recorded covenant, which runs with the land in favor or future owners of the property and which cannot be defeated or eliminated without the written consent of the city or its successors; (4) That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location; (5) That facilities proposed for the private open space are in substantial accordance with the provisions of the comprehensive plan, parks and recreation plan and other adopted plans of city; and (6) That the private open space for which credit is given is a minimum of two (2) acres and provides a minimum of four (4) of the local park elements listed below, or a combination of such and other recreational improvements that will meet the specific recreation park needs of the future residents of the area: Criteria List Credit Acres Children's play apparatus area .50 - .75 Landscape park-like and quiet areas .50 - 1.00 Family picnic area .25 - .75 Game court area .25 - .50 136 Created: 2021-11-30 15:56:35 [EST] (Supp. No. 32, Update 5) Page 4 of 7 Turf playfield 1.00 - 3.00 Swimming pool (42′ × 75′) [with adjacent deck and lawn areas] .25 - .50 Recreation center building .15 - .25 Recreation community gardening .15 - .25 Before credit is given, the city shall make written findings that the above standards are met. (Ord. No. 98-039, § I, 2-17-98) Sec. 22-37. Land dedication. (a) Dedication of park land shall be proportional to the number and type of dwelling units proposed for a residential subdivision. The number of acres of land to be dedicated shall be determined using the formula in section 22-36(c). (b) Where a proposed residential subdivision contains multifamily dwelling units and information is not provided concerning the number of such units, the city shall assume the highest density allowed for the property to determine the projected population for the development. (c) The land required to be dedicated or conveyed may be located inside or outside the subdivision development so long as the land is located within one-half (½) to one (1) mile of the periphery of the development so as to serve or benefit the residents of such subdivision. (d) The parks and recreation department, based upon review of the preliminary plat, initially shall determine the feasibility of park land dedication for a residential subdivision and the amount of land to be dedicated to the city for neighborhood park purposes, utilizing site selection criteria contained in section 22-41. The department's determination shall be forwarded to the Denton Department of Planning and Development for processing with the preliminary plat. (e) In residential subdivisions which are to be platted in two (2) or more phases, the required park land dedication, pursuant to this article, must be provided in each phase of the subdivision with one (1) exception. In its sole discretion, the city may authorize the developer to reserve park land for dedication in subsequent phases of the subdivision by paying into a city escrow fund a dollar amount equal to the fees in lieu of dedication otherwise due for the phase under section 22-38. The form and provisions of the escrow agreement shall be approved by the city attorney and city engineer. The escrow funds must be paid to the city prior to the filing of the first phase final plat and shall be maintained in the escrow fund pending the platting of the project phase that contains the park land to be dedicated. Escrow funds will be returned to the developer, without interest, upon the filing of the final plat for the subsequent phase that dedicates the required park land. In addition, the developer shall dedicate a reversionary public access easement on the final plat of the initial phase(s) where necessary to provide effective public access, maintenance and use of any park land to be dedicated. (f) If a replat is filed, the dedication requirements shall be controlled by the regulations in effect at the time of original platting, except that land dedication (or fee in lieu of) requirements then in effect shall be applied to any additional dwelling units proposed for the replat. (Ord. No. 98-039, § I, 2-17-98) 137 Created: 2021-11-30 15:56:35 [EST] (Supp. No. 32, Update 5) Page 5 of 7 Sec. 22-38. Payment of fees in lieu of park land dedication. (a) If the calculation for required park land within the proposed subdivision development results in less than five (5) acres or does not meet criteria as per section 22-41, the parks and recreation department shall determine the amount of a fee in lieu of park land dedication in accordance with this section. (b) The amount of the fee in lieu of park land dedication shall be calculated as follows. The Department first shall determine the total amount of land required to be dedicated in accordance with section 22-37. The value of the land shall be calculated as the average estimated fair market value per acre of the land being subdivided at the time of preliminary plat approval, reduced by the value of any land actually to be dedicated for park purposes. The net value of the land otherwise to be dedicated shall be apportioned among the total number of dwelling units proposed for the residential subdivision and by dwelling unit type. (c) If the developer/owner objects to the fair market value determination, the developer/owner, at his own expense, may obtain an appraisal of the property by a state certified real estate appraiser, mutually agreed upon by the city and the developer/owner, which appraisal will be considered by the city in determining fair market value. All costs required to obtain such appraisal shall be borne by the developer/owner. (d) Park dedication fees shall be imposed at the time of preliminary plat approval. Fees shall be paid prior to release by the city of any final plat for filing in the deed records of Denton County. Park dedication fees established for the preliminary plat shall apply to subsequent approved final plats for a period of two (2) years from the date of preliminary plat approval by the planning and zoning commission. Thereafter, park dedication fees shall be redetermined and applied to final plats in accordance with subsection (b), using current appraised value of land in the subdivision at time of final plat submittal. (e) All fees collected shall be used for the acquisition of land for a neighborhood park, or development or construction of improvements to existing park land, within one-half (½) mile of the periphery of the proposed subdivision development. However, if [1] such acquisition opportunities are not available, or [2] existing park land is already developed or improved, within one-half (½) mile of the proposed subdivision development, then areas within one (1) mile of the periphery of the proposed subdivision development may be considered for the acquisition, of neighborhood park land and/or construction of improvements to existing park land within such periphery. (Ord. No. 98-039, § I, 2-17-98) Sec. 22-39. Payment of park development fees. (a) Park development fees shall be established for the purpose of funding neighborhood park improvements. Fees shall be proportional to the cost of neighborhood park facilities, the demand for which is generated by each new dwelling unit. Fees shall be established separately for single-family and multi-family dwelling units. Current park improvement costs and park development fees are set forth in section 22-36(e). (b) Park development fees shall be imposed at the time of building permit application and shall be paid prior to issuance of building permits for the number of dwelling units designated in the application. (c) Park development fees shall be expended on park improvements located in a neighborhood park that benefits the dwelling unit paying the fee, typically within one-half (½) to one (1) mile of the subdivision in which the dwelling unit is located. The criteria for selection of the park site for improvements shall be the same as set forth in section 22-41. (d) The standard costs for development of a neighborhood park as set forth in section 22-36(d) may be updated from time to time on the basis of current development costs, and park development fees shall be adjusted to reflect such updated development costs. 138 Created: 2021-11-30 15:56:35 [EST] (Supp. No. 32, Update 5) Page 6 of 7 (Ord. No. 98-039, § I, 2-17-98) Sec. 22-40. Special fund; right to refund. (a) There is hereby established a special fund for the deposit of all fees in lieu of park land dedication. collected under this article, which fund shall be known as the park land dedication fund. Within the fund, fees paid shall be earmarked for acquisition of new neighborhood parks or for improvements in existing parks generally located within one-half (½) to one (1) mile of the residential subdivision upon which the fee is imposed. (b) There is hereby established a special fund for the deposit of all park development fees collected under this article, which fund shall be known as the park development fund. Within the fund, park development fees paid shall be earmarked for expenditure on park improvements in a neighborhood park generally located within one-half (½) to one (1) mile of the subdivision in which the dwelling unit for which the fee is paid is located. (c) All fees in lieu of park land dedication and all park development fees paid must be expended within ten (10) years from the date of receipt for park facilities benefiting the residential subdivision or dwelling unit for which the fees are paid. Fees shall be considered expended if they are spent for acquisition or development, respectively, of neighborhood parks located within one-half (½) to one (1) mile of the subdivision for which the fees were paid within the ten-year period. If fees are not expended within such period, the developer/owner shall be entitled to a refund of the principal deposited by the developer/owner in such fund, together with accrued interest. The developer/owner must request such refund in writing within three hundred sixty-five (365) days of entitlement or such right shall be waived. (d) Interest accruing to the park land dedication fund and to the park development fund shall be expended on neighborhood park land acquisition and for neighborhood park improvements, respectively. (Ord. No. 98-039, § I, 2-17-98) Sec. 22-41. Site selection/characteristics of park. (a) In selecting a site for a park, the city shall avoid an accumulation of unrelated parcels of land or an accumulation of land unsuitable for park purposes. (b) Parks shall be selected on the basis of obtaining natural, park-like settings where available and shall consist of diverse topography and open space suitable for the development of recreational facilities. (c) Neighborhood park size should be a minimum of five (5) acres and obtained as one (1) complete parcel. If a development parcel cannot provide the minimum five (5) acre parcel or a smaller parcel which can potentially be contiguous to existing or future park parcels, then a fee in lieu of park land or a combination of fee and park land dedication shall be required in accordance with section 22-37. (d) Park sites shall be located, whenever possible, adjacent to and contiguous with school sites and other public or nonprofit agency sites in order to make maximum use of common facilities and grounds. (e) Careful consideration shall be given to the need for development of parks around natural drainage and wooded areas, which provide potential recreational uses. Criteria for floodplain areas (based upon 100-year storm) usage is as follows: (1) Floodplain and natural drainage areas shall generally not exceed seventy-five (75) percent of the total park site. 139 Created: 2021-11-30 15:56:35 [EST] (Supp. No. 32, Update 5) Page 7 of 7 (2) At least fifty (50) percent of required dedicated park land shall have slopes in range of two (2) to five (5) percent, well drained, and suitable for active use development. (3) Floodplain acreage may be dedicated at a ratio of three to one (3:1) in acres in lieu of nonfloodplain property. Any consideration of additional floodplain acreage shall be as agreed upon between the parks and recreation department and the developer/owner. (f) Proposed park land boundaries shall provide street frontage for readily accessible entry into the park area by the public and water, sanitary sewer and electric improvements shall be readily available to the park from an adjacent street right-of-way or public utility easement. If the developer/owner requests delay in the construction of said improvements because of phasing of subdivision development, the developer/owner shall escrow sufficient funds in behalf of the city, the form and provisions of such escrow agreement shall be approved by the city attorney and the city engineer, to cover the cost of such construction as determined by the city engineer. (g) Prior to dedication of land, the developer/owner shall make full disclosure of the presence of any hazardous substances and/or underground storage tanks (U.S.T.'s) of which the developer/owner has knowledge. The city, at its discretion, may proceed to conduct such initial environmental tests and surveys on the land, as it may deem appropriate, and the developer/owner shall grant to the city and its agents and employees such reasonable access to the land as is necessary to conduct such surveys and tests. (h) If the results of such surveys and tests indicate a reasonable possibility of environmental contamination or the presence of U.S.T.s, the city may require further survey and tests to be performed at the developer/owner's expense as the city may deem necessary prior to its acceptance of the dedication, or in the alternative, the developer/owner may be required to identify alternative property or pay the fees in lieu of such park land dedication. (i) The park site shall be free of trash and debris and if the dedicated park land's natural condition is disturbed during construction of subdivision improvements then developer/owner shall be responsible for returning the dedicated land to its natural condition prior to or at the time of final plat filing and the public improvements to be constructed per the applicable subdivision plat will not be accepted by the city until such time that the above conditions have been met. (Ord. No. 98-039, § I, 2-17-98) Sec. 22-42. Decision making; appeals. Unless otherwise provided herein, an action by the city in determining compliance with the terms of this article refers to a determination by the parks and recreation department. The developer/owner of land subject to park dedication requirements may appeal any determination by the parks and recreation department under this article to the city council for a final decision. The appeal shall be in writing and shall be filed with the planning and zoning commission, which shall make its recommendation to the city council. The city council will not review the appeal of any determination by the parks and recreation department without first obtaining the recommendation of the planning and zoning commission. No final plat shall be approved by the planning and zoning commission which varies the terms of this article or which does not comply with the parks and recreation department's determination without final resolution of the appeal by the city council. (Ord. No. 98-039, § I, 2-17-98) 140 Draft December 17, 2021 1 ARTICLE 111 PARK DEDICATION Sec. 22-33. Purpose This Article is enacted in accordance with the home rule powers of the City of Denton granted under the Texas Constitution, and the statutes of the State of Texas, including, but not by way of limitation, Texas Local Government Code Chapter 212 as may be amended from time to time. Parks provide for a variety of outdoor recreational opportunities that serve areas within a 5-mile distance. The acquisition of land and development of the “basic” infrastructure and facilities necessary to facilitate usage of these parks should be based upon the demand from the area residents they are intended to serve. Their primary cost should be borne by the owners of residential property who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. The park zones established by the Denton City Council are shown in Appendix A to this ordinance. The parkland inventory by zone is shown in Appendix B. The zones are designed to be large enough to offer flexibility for acquiring parkland, while being responsive to the needs of new development. They shall be prima facie proof that any park located therein is within a convenient distance from any residence located therein. The ordinance recognizes two types of parks: parks that provide outdoor recreation opportunities for residents within five miles of their homes such as neighborhood and community parks; and city-wide parks that provide outdoor opportunities for all city residents. The primary cost of new, expanded or renovated city parks should be borne by all new city residents who have created the demand for them. Development fees collected for neighborhood or community parks in zones A-E may be used to acquire or improve city parks if it can be shown they benefit residents within that zone. The City is required to demonstrate there is a “rough proportionality” between the dedication required from a developer and the demand from occupants of residents in a new development. The City has met that requirement by assuming that new residents’ demands for parks will be the same as those of existing residents in the area of the City in which they have elected to build. Section 22-34. Applicability The park dedication requirements of this Article shall apply to every residential subdivision and every building permit for construction of a dwelling unit approved after the effective date of the ordinance, except as hereinafter expressly provided to the contrary. (a) This Article does not apply to activities involving the remodeling, rehabilitation or other improvements to an existing residential structure, or to the rebuilding of a damaged structure unless the rebuilding results in an increase in the number of dwelling units, in which case additional dedication equal to the increase in number of dwelling units will apply. (b) If a dedication requirement arose prior to enactment or amendment of this Article, subsequent development for the subject tract to which the dedication requirement applies may be subject to vesting as set forth in Chapter 245 Texas Local Government Code. Additional dedication may be required if there is an increase in the number of dwelling units from what was originally proposed. (c) Additional requirements shall apply to revised plat applications for residential subdivisions and to renewed applications for building permits to construct residential dwellings, if such revised or renewed applications result in an increase in the number of dwelling units. In such a case, the park dedication requirements then in effect shall apply to the additional dwelling units proposed in the application. 141 Draft December 17, 2021 2 (d) Where a proposed residential subdivision contains multifamily dwelling units and information is not provided concerning the number of such units, the City shall assume the highest density allowed for the property to determine the project population for the development. (e) Where a detailed development agreement approved by City Council: 1. Includes but is not limited to identifying the land to be dedicated, value of the land, site condition, maintenance agreement, conveyance process, and credits associated with the agreed upon dedication to be developed and executed; and / or 2. Outlines the improvements, value of the improvements, and fee credits associated with the agreed upon public improvement to be developed and executed. Section 22-35 General Requirements (a) The City Manager or his/her designee shall administer this Article, with certain review, recommendation and approval authorities being assigned to the Parks, Recreation and Beautification Board and other city departments as needed. (b) As a condition of subdivision development, a developer of residential property shall be required to dedicate land for neighborhood, community, and city parks, pay a fee-in-lieu thereof, construct park improvements, or a combination of these options. The particular form of the requirement will be at the sole discretion of the City. In addition to the land dedication, a developer of residential property shall pay a park development fee attached hereto as Appendix D for neighborhood, community, and city parks, which will be used to pay the costs of developing the raw dedicated land into a functioning park. (c) Requirements herein are based on actual dwelling units for an entire development. Increases or decreases in final unit count may require an adjustment in fees paid or land dedicated. (d) The required land dedications and schedules of fees in lieu of parkland dedication are attached hereto as Appendix C and incorporated and made a part of this Article for all purposes. (e) The total amount of land dedicated for the development, public or private, shall be dedicated: 1. In fee simple by filed deed, if dedicated to the city; and 2. Prior to the issuance of any site development building permits for multi-family development, 3. Prior to recordation of the final plat for a single family, duplex, or townhouse development, or 4. For a phased development the entire park shall be platted concurrently with the plat of the first phase of the development or the developer may provide the City with financial security against the future dedication by providing a bond, irrevocable letter of credit, or other alternative financial guarantee such as a cash deposit in the amount equal to the number of acres park land required, and in a form acceptable to the City. The amount of the financial guarantee shall be the amount of fee in lieu of land dedication. The financial guarantee will be released to the developer, without interest, upon the filing of the final plat for the subsequent phase that dedicates the required park land. Section 22-36 Park Land Dedication Guidelines and Requirements 142 Draft December 17, 2021 3 Any land dedicated under this Article must be suitable for park uses and meet requirements in this Article and the Denton Development Code. The following guidelines and requirements shall be used in the dedication and design of park land in conjunction with the Park Land Dedication and Development Handbook. When considering park land dedication, the developer should meet with the Parks and Recreation Department (PARD) before a development application is submitted to evaluate the suitability of the land. Additionally, PARD may request a site visit as a part of its determination. The following information may be required as a part of the process prior to accepting land for a public park dedication: 1. Lot dimensions or metes and bounds acreage of park land to be dedicated; 2. Total acreage of floodplain, and the acreage of land located outside the floodplain; 3. A tree survey; 4. A slope analysis; and 5. A Phase 1 Environmental Site Assessment identifying potential or existing environmental contamination liabilities. General Guidelines Any park land dedicated to the City pursuant to the terms, conditions and requirements under this Article must be suitable for park uses and meet the following guidelines: (a) A current title report must be provided with the land dedication. (b) Wherever possible, park sites should be located contiguous with school sites or other public or nonprofit agency land in order to make maximum use of common facilities. (c) Encumbrances. Free and clear of any and all liens and encumbrances that may interfere with its use for park purposes. This includes overhead utility lines or easements of any type which might limit the land’s use as a park. The City’s representatives must be authorized to make onsite inspections of the property for the purposes of determining site suitability and identification of any visual hazards or impediments to park development and use. (d) Environmental Assessment. A Phase 1 Environmental Assessment is required on any land planned for dedication to the City. If the property owner or developer has any form of environmental assessment previously conducted on the tract, a copy of that assessment may be submitted for this requirement. The City may initiate and/or require the developer to initiate additional specific environmental studies or assessments if the visual inspection of the site gives rise to the belief that an environmental problem may exist on the site. The employment of consultants necessary to evaluate any environmental issues relating to the site may be required by the City, providing the City makes such determination in good faith. If an environmental hazard is identified on the site, the developer must remove the hazard prior to its acceptance into the park system of the City. The City will not accept park land dedication sites encumbered by hazardous and or waste materials or dump sites. (e) Utilities. The developer shall be responsible for the provision of minimum utilities as outlined in the Park Land Dedication and Development Handbook, the Denton Development Code and other adopted design and construction guidelines as they apply to neighborhood, community, or city park. The City will be required to approve such location prior to final acceptance and release of fiscal requirements of a subdivision. 143 Draft December 17, 2021 4 (f) Parks should be easy to access and open to public view so they benefit area development, enhance the visual character of the City, protect public safety, and minimize conflict with adjacent land use. (g) Where appropriate, sites with existing trees or other scenic elements are preferred and may be reviewed by the City’s Urban Forester to make recommendations. (h) Rare, unique, endangered, historic or other significant natural areas will be given a high priority for dedication pursuant to this article. Areas that provide an opportunity for linkages between parks and/or trails or that preserve the natural character of the surrounding environment may be required by the City to be included in the park land dedication. (i) Land for dedication may be accepted by the City if it provides an opportunity to expand an existing or future city park or trail. (j) The property owner shall pay all taxes or assessments owed on the property up to the date of acceptance of the dedication by the City. A tax certificate from the County Tax Assessor shall be submitted with the dedication or plat. (k) Identified land that does not otherwise comply with the standards for park land dedication may be accepted as dedicated park land if the Director determines that the land will provide recreational, educational, or preservation opportunities for the surrounding community. A detailed development agreement including but not limited to identifying the land to be dedicated, value of the land, site condition, maintenance agreement, conveyance process, and credits associated with the agreed upon dedication will be developed and executed upon City Council approval. Land Requirements (a) The city in most cases will not accept a dedication that is smaller than 5 acres of contiguous land. (b) Land parcels that are unsuitable for development are typically unsuitable for a park. Hence, potential land to be dedicated should be selected prior to a subdivision being platted and acquired as a part of the development process. (c) Consideration may be given to land that is in the floodplain or may be considered “floodable” even though not in a federally regulated floodplain if, due to its elevation, it is suitable for park improvements. At the discretion of the City, land in floodplains may be considered as part of a dedication requirement on a three for one (3:1) basis. That is, three (3) acres of floodplain will be equal to one (1) acre of park land, but not more than 75% of the required land dedication shall be allowed in a floodplain. (d) Detention/retention areas may be used to meet dedication requirements provided the area enhances recreational opportunities and does not increase maintenance above normal standards. If accepted as part of the park, the detention/retention area design must meet the City’s standards and specifications. (e) Sites with existing trees or other scenic elements are preferred. The health and suitability of existing trees may be reviewed by the City’s Urban Forester for inclusion into a park. 144 Draft December 17, 2021 5 Section 22-37 Fee-in-Lieu of Park Land The City may, at its discretion, require that a fee be submitted in lieu of land dedication. The basis for its calculation and the amounts are shown in Appendix C for park land dedications. An amount equal to 10 percent of the assessed fee in lieu of park land dedication will be allocated to city parks. The funding will be used in accordance with Section 22-43 for any park that serves the entire geographic area of the City. Section 22-38 Park Development Fee In addition to the park land dedication requirements, park development fees are established herein, sufficient to develop public parks in ways that meet the City of Denton’s standards as set forth in the Park Land Dedication and Development Handbook, the Denton Development Code and other adopted specification documents. The development fee assessed to a development and the basis for its calculation is shown in Appendix D and Appendix E. An amount equal to 10 percent of the assessed development fee will be allocated to city parks. The funding will be used in accordance with Section 22-43 on any park that serves the entire geographic area of the City. Section 22-39 Public Park Improvement In-Lieu of Park Development Fees With approval of the City, a developer may elect to construct required park improvements in lieu of paying the associated development fee as set forth herein and in conjunction with the Park Land Dedication and Development Handbook. Structures and improvements provided by a developer shall be constructed on lands dedicated as public park land and shall be designed and installed to meet the terms, conditions and requirements under the Park Land Dedication and Development Handbook and in accordance with related federal, national, state or local codes. The City and a developer may agree to terms and conditions in the construction of public park improvements specific to and serving a residential development. A detailed development agreement outlining the improvements, value of the improvements, and fee credits associated with the agreed upon public improvement will be developed and executed upon City Council approval. General Requirements for Public Park Improvements Undertaken by a Developer (a) A park site plan, developed in cooperation with the City is submitted and approved by the City prior to submission of final plat or upon application for a site building permit, whichever is applicable. (b) Any public park improvements must be shown on the site plan or construction plan, unless the City authorizes another method of approval. (c) Detailed plans and specifications for park improvements hereunder shall be due and processed in accordance with the procedures and requirements pertaining to public improvements for final plats and for building permit issuance, whichever is applicable. (d) All plans and specifications shall meet or exceed the City’s standards in effect at the time of the submission. (e) If the improvements are constructed on land that has already been dedicated to and/or is owned by the City, then the developer must post payment and performance bonds equal to park development fees or value of the park agreed upon, whichever is greater to guarantee the payment to subcontractors and suppliers and to guarantee the developer completes the work in accordance with the approved plans, specifications, ordinances, and other applicable laws. This includes 145 Draft December 17, 2021 6 guaranteeing performance in lieu of completing the park improvements prior to final plat recordation. (f) Park improvements may be constructed on park land dedicated to the City or, if approved by the City, improvements may be made in an existing or proposed City park that is located in the same park zone as the development. (g) For a public park, the developer will provide or cause to be provide a two-year maintenance bond that is equal in amount to the twenty percent (20%) of the construction cost of said park improvements and a manufacturer’s letter stating any play structure, equipment, and safety surfaces were installed in accordance with the manufacturers’ installation requirement. (h) For a public park, the developer shall provide a copy of the application and subsequent inspection report prepared by the State Department of Licensing and Regulation of their contracted reviewer for compliance with the Architectural Barriers Act, codified as Vernon’s Ann. Civ. St. art 9102. (i) For a public park, all manufacturers' warranties shall be provided for any equipment installed in the park as part of these improvements. (j) For a public park, upon issuance of a Certificate of Completion and Acceptance, the developer shall warrant the improvements for a period of two (2) years. (k) For a public park, the developer shall be liable for any costs required to complete park development if: 1. Developer fails to complete the improvements in accordance with the approved plans; or 2. Developer fails to complete any warranty work. (l) All public park improvements shall be inspected by the City while construction is in progress and when complete to verify park requirements have been satisfied. (m) Once the public park improvements are constructed, and after the City has accepted such improvements, the developer shall convey such improvements to the city free and clear of any lien or other encumbrances as approved by the Director of Parks and Recreation. (n) The public park improvements will be considered complete with a Letter of Completion and Acceptance from the City and will be issued after the following requirements are met: 1. Improvements have been constructed in accordance with the approved plans; 2. A set of revised drawings, commonly known as As-Built Drawings, are provided to the City in digital format; 3. Improvements have been inspected and reviewed by City staff and confirmed that they are in accordance with the terms, conditions and requirements under this Article. Section 22-40 Credit for Park-like Facilities included in a Development (a) Up to fifty percent (50%) of the fee-in-lieu of land and park development fees paid by a developer may be eligible for reimbursement if private park-like amenities are included within a subdivision, since they are likely to absorb some of the demand generated by the new homes that would otherwise have to be accommodated by public parks. 146 Draft December 17, 2021 7 (b) Since residents are likely to use other public parks beyond the facilities offered within a development, the fifty percent (50%) retained for deposit in the city's park land dedication fund is for the purpose of defraying the incremental financial burden a private subdivision will impose on the public park system in Denton. (c) When considering elements that are eligible for such a credit, the overarching criterion to be met is that the amenities must be outdoor park-like facilities, since they are substituting for park provision. Eligible private park improvements include various active and passive outdoor amenities outlined in the Park Land Dedication and Development Handbook. (d) For credit to be given for private facilities, future private ownership and maintenance of the open space and/or facilities must be adequately provided for by recorded agreement, covenants, or restrictions. (e) The use of the private open space and/or facilities must be restricted for park purposes by recorded covenant, which runs with the land in favor of future owners of the property and which cannot be defeated or eliminated without the written consent of the City or its successors. (f) Items that qualify for credit should be credited on a cost basis. The cost of the items (validated by the developer’s invoices) should be deducted from the assessed fees (up to a maximum of fifty percent [50%]) the developer would otherwise have to pay. (g) All facilities that are accepted for credit must be constructed prior to completion of the final unit of the development or completion of the related phase of the development. Section 22-41 Reimbursement for City Acquired Park Land The City may from time to time acquire land for parks in advance of actual or potential development. If the City does acquire park land in a park zone for a neighborhood/community or city park, the City may require subsequent land dedications to be in fee-in-lieu of land only. This will be used to reimburse the City for the cost(s) of acquisition. Section 22-42 Submitting Park Fees Any fees required to be paid pursuant to this article shall be remitted as follows: a. Land dedication and/or construction requirements for park facilities shall be imposed at the time of preliminary plat approval; or b. Fees in lieu of park land dedication for all other residential subdivisions shall be paid at the time of release of the final plat for any portion of the subdivision; however c. Park development fees for all other residential building permits shall be paid during the issuance of such permits. Section 22-43 Use of Park Fees All park land dedication and park development fees for neighborhood/community parks will be deposited in a fund referenced to the park zone to which they relate (Appendix A). The fees must be spent in the same park zone in which they were collected and in accordance with Use and Expenditure priorities outlined in the Handbook. Park land dedication and park development fees for neighborhood/community parks can be used in an adjacent zone in contexts where a development occurs close to a zone border if it meets the 147 Draft December 17, 2021 8 Use and Expenditure priorities outlined in the Handbook. City-wide park land dedication and development allocations will be deposited in a fund referenced to city-wide parks. All expenditures shall be administered in accordance with the current purchasing requirements of the City. Funds shall not be used for the operation and maintenance of parks or city staff overhead expenses. Funds shall be used solely for the acquisition or leasing of park land and the development, improvement, upgrades, or restoration/renovation of new and existing parks. Indirect costs reasonably incurred in connection with park acquisition and improvement, such as appraisal fees, environmental assessment costs, legal expenses, engineering and design, and construction labor costs are limited to a maximum of 20 percent of total acquisition or improvement costs. Section 22-44 Ordinance Review The City shall review the fees established and the amount of park land dedication required in this Article at least once every three (3) years during its consideration of the annual budget. Failure to review by the City Council shall not invalidate this ordinance. Section 22-45 Right to Refund The City shall account for all fees in lieu of land and all development fees paid under this Article with reference to the individual plat(s) involved. Any fees collected shall be committed within seven years after payment of the fee or the issuance of building permits on half of the lots created by the subdivision, whichever occurs later. If the fee is not committed, it shall be distributed and paid to the property owners of the subdivision upon request. Such funds shall be considered to be spent on a first-in, first-out basis. A claimant must request such refund within one (1) year of entitlement, in writing, or such right shall be barred. 148 Draft December 17, 2021 9 Appendix A Parkland Dedication Fee Service Areas 149 Draft December 17, 2021 10 Appendix B 915 / 916 Park Inventory by Zone Park Name Park Type Address Service Area Acres Bowling Green Park Neighborhood 2200 Bowling Green St., Denton, TX, 76207 A 17.88 Acres Total McKenna Park Neighborhood 700 N Bonnie Brae St, Denton, TX 76201 A 15.03 North Lakes Park City 2001 W Windsor Dr, Denton, TX 76207 A 389.49 Evers Park Community 3201 N Locust St, Denton, TX 76209 A 32.01 North Pointe Park Neighborhood 1400 W Hercules Ln, Denton, TX 76207 A 10.34 Owsley Park Neighborhood 2425 Stella St, Denton, TX 76201 A 0.53 Rayzor Ranch Property Neighborhood 3230 Heritage Trail, Denton, TX 76201 A 9.86 85.65 A Avondale Park Neighborhood 2021 Devonshire Dr. , Denton, TX 76209 B 18.23 Clear Creek Natural Heritage Center Preserve 3310 Collins Rd, Denton, TX 76208 B 2835 Hartlee Field Mtn Bike Lease Special Use TBD B 195 Cooper Creek Linear Park Linear 1511 Stuart Rd, Denton, TX 76209 B 3.65 Cooper Glen Park Neighborhood 3330 N Locust St, Denton, TX 76207 B 9.61 Jimmy Carter Park Neighborhood 2603 N Bell Ave, Denton, TX 76209 B 0.31 Nette Shultz Park Neighborhood 1517 Mistywood Ln, Denton, TX 76209 B 8.7 Skate Works Special Use 2400 Long Rd, Denton, TX 76207 B 1.16 Water Works Park Special Use 2400 Long Rd, Denton, TX 76207 B 15.76 40.5 B Carl Gene Young Sr. Park Neighborhood 327 S. Wood St, Denton, TX 76205 C 6.76 Fred Moore Park Neighborhood 500 S Bradshaw St, Denton, TX 76205 C 9.69 Industrial Street Park Neighborhood 108 Industrial St, Denton, TX 76201 C 0.11 Mack Park Community 1800 E McKinney St, Denton, TX 76209 C 37.55 Martin Luther King Jr. Park Neighborhood 1300 Wilson St, Denton, TX 76205 C 4.74 Milam Park Neighborhood 256 Mockingbird Ln, Denton, TX 76209 C 1.86 Quakertown Park City 700 Oakland St, Denton, TX 76201 C 32.32 Sequoia Park Neighborhood 1404 E University Dr, Denton, TX 76209 C 5.54 Spc. Ernest W. Dallas Jr. Veterans Memorial Park Neighborhood 6100 Sun Ray Dr, Denton, TX 76208 C 4.99 Township II Neighborhood 1561 Angelina Bend Dr, Denton, TX 76205 C 10.22 Villages of Carmel Property Neighborhood 5493 Edwards Rd, Denton, TX 76208 C 6.42 87.88 C Briercliff Park Neighborhood 3200 State School Rd, Denton, TX 76210 D 9.07 Carnegie Ridge Property Neighborhood 6500 Riglea Ct, Argyle, TX 76226 D 1.4 Cross Timbers Park North Community 7601 Waterside Pl, Denton, TX 76210 D 45.98 Cross Timbers Park South Neighborhood 8402 Clear River Ln, Denton, TX 76210 D 22.64 Denia Park Community 1001 Parvin St, Denton, TX 76205 D 23.52 Frontier Park Neighborhood 3001 Frontier Dr, Denton, TX 76210 D 4.89 Joe Skiles Park Neighborhood 1721 Stonegate Dr, Denton, TX 76205 D 5.78 Lake Forest Park Community 1760 Ryan Rd, Denton, TX 76210 D 64.81 South Lakes Park City 556 Hobson Ln, Denton, TX 76205 D 184.43 Southwest Park Property City 4300 S Bonnie Brae St, Denton, TX 76226 D 198.97 Wheeler Ridge Park Linear 3100 Lipizzan Dr, Denton, TX 76210 D 7.84 185.93 D Robson Ranch Property Neighborhood 11200 H Lively Rd, Denton, Texas, United States E 17.04 17.04 E Total Acres 4,269.13 417 150 Draft December 17, 2021 11 Appendix C Land Dedication Assessment Variables Calculation Factor Description Land Dedication Population 139,869 2020 Census Park Acres 417 Community and Neighborhood parks Population Service Level 335.42 people per 1 acre Population / Park Acres Single Family Density 2.6 People per dwelling unit (DU) Multi-family Density 1.8 People per dwelling unit (DU) Fee In Lieu of Land # of Residential Parcels 30,832 Single family and Multi-family residences listed in DCAD Total Value of Residential Parcels $1,728,789,052 DCAD land value Average Value of Residential Parcels $56,071.26 Total Value / # of Parcels Land Dedication Formula STEP 1: Population Service Level / Density Factor = DU’s per Park Acre 335.42 / 2.6 = 129.01 Single Family DU’s per Park Acre 335.42 / 1.8 = 186.34 Multi-family DU’s per Park Acre Dedication Requirement (Minimum 5 acres) 1 Park Acre for every 129 Single Family DU’s 1 Park Acre for every 186 Multi-family DU’s Fee in Lieu of Land Formula STEP 1: Total Residential Land Value / # of Residential Parcels = Average Value of Residential Parcel STEP 2: Average Value of Residential Parcel / Dedication Requirement = Fee in Lieu $1,728,789,052 / 30,832 = $56,071.26 $56,071.26 / 129.01 = $434.64 per Single Family DU $56,071.26 / 186.34 = $300.90 per Multi-family DU Fee in Lieu of Requirement $435 per Single Family DU $301 per Multi-family DU 151 Draft December 17, 2021 12 Appendix D Park Development Fee Variable Calculation Factor Description Park Development Single Family DU per Park Acre 129 # of Single Family DU’s per park acre Multi-family DU per Park Acre 186 # of Multi-family DU’s per park acre Average Cost of Park Development per Acre $355,184 Average cost per acre to develop a neighborhood and community park Park Dedication Formula STEP 1: Average Cost of Park Development per Acre / DU’s per Park Acre = Development Fee per DU $355,184 / 129 = $2,753.22 per Single Family DU $355,184 / 186 = $1,906.07 per Multi-family DU Development Fee Requirement $2,753.22 per Single Family DU $1,906.07 per Multi-family DU 152 Draft December 17, 2021 13 Appendix E City of Denton Neighborhood and Community Park Development Costs Item Unit Qty Unit Cost Total Amount Item Unit Qty Unit Cost Total Amount Professional Service Professional Service Arch/Eng/Survey Design Services Percentage 12%107,228.60$ Arch/Eng/Survey Design Services Percentage 12%388,882.50$ Project Management Percentage 3%26,807.15$ Project Management Percentage 3%162,034.38$ Geotech/Construction Testing Percentage 2%17,871.43$ Geotech/Construction Testing Percentage 2%64,813.75$ 151,907.18$ 615,730.63$ Mobilization Mobilization Mobilization Percentage 5.00%14,352.43$ Mobilization Percentage 5.00%131,875.00$ Bond and Insurance Percentage 3%21,528.65$ Bond and Insurance Percentage 3%79,125.00$ General Conditions Percentage 2.00%14,352.43$ General Conditions Percentage 2.00%52,750.00$ Contractor Profit Percentage 15.00%107,643.25$ Contractor Profit Percentage 15.00%395,625.00$ 157,876.76$ 659,375.00$ Sitework Sitework Permits LS 1 10,000.00$ $ 10,000.00 Permits LS 1 25,000.00$ $ 25,000.00 SWPPP AC 4 1,000.00$ $ 4,000.00 SWPPP AC 12.5 1,000.00$ $ 12,500.00 Tree Protection AC 4 1,200.00$ $ 4,800.00 Tree Protection AC 12.5 1,200.00$ $ 15,000.00 Clearing and Grubbing AC 4 2,500.00$ 10,000.00$ Clearing and Grubbing AC 12.5 2,500.00$ 31,250.00$ Excavation (50% of Avg. Site)SY 3200 24.00$ 76,800.00$ Excavation (50% of Avg. Site)SY 10000 24.00$ 240,000.00$ Embankment (50% of Avg. Site)SY 3200 8.00$ 25,600.00$ Embankment (50% of Avg. Site)SY 10000 8.00$ 80,000.00$ Demolition/Removal/Remediation LS 1 14,000.00$ 14,000.00$ Demolition/Removal/Remediation LS 1 30,000.00$ 30,000.00$ Drainage/Detention Structure LS 1 15,000.00$ 15,000.00$ Drainage/Detention Structure LS 1 110,000.00$ 110,000.00$ 160,200.00$ 543,750.00$ Parking/Roadway Parking/Roadway Excavation CY 225 26.00$ $ - Excavation CY 700 26.00$ $ 18,200.00 Lime Treated Subgrade (8")SY 650 15.00$ $ - Lime Treated Subgrade (8")SY 1680 15.00$ $ 25,200.00 Geogrid SY 650 10.00$ -$ Geogrid SY 1680 10.00$ 16,800.00$ Flexible Base SY 650 35.00$ -$ Flexible Base SY 1680 35.00$ 58,800.00$ HMAC 2"SY 650 17.50$ -$ HMAC 2"SY 1680 17.50$ 29,400.00$ Curb LF 1000 15.00$ -$ Curb LF 2100 15.00$ 31,500.00$ Striping LF 1000 5.00$ -$ Striping LF 2100 5.00$ 10,500.00$ Stops/Bollards EA 25.0 150.00$ -$ Stops/Bollards EA 70.0 150.00$ 10,500.00$ -$ 200,900.00$ Utilities Utilities Water Impact Fee LS 1 53,321.64$ 53,321.64$ Water Impact Fee LS 1 75,000.00$ 75,000.00$ Water Pipe LF 250 185.00$ -$ Water Pipe LF 100 55.00$ 5,500.00$ Sewer Impact Fee LS 0 35,000.00$ -$ Sewer Impact Fee LS 1 65,000.00$ 65,000.00$ Sewer Pipe (6")LF 0 185.00$ -$ Sewer Pipe (6")LF 100 55.00$ 5,500.00$ Manholes EA 1 4,000.00$ -$ Manholes EA 10 4,000.00$ -$ Irrigation Impact Fee LS 1 12,000.00$ 12,000.00$ Irrigation Impact Fee LS 1 30,000.00$ 30,000.00$ Electric Connection LS 1 20,000.00$ 20,000.00$ Electric Connection LS 1 20,000.00$ 20,000.00$ Light Poles EA 6 3,500.00$ 21,000.00$ Light Poles EA 25 3,500.00$ 87,500.00$ Electric Infrastructure LS 1 15,000.00$ 15,000.00$ Electric Infrastructure LS 1 115,000.00$ 115,000.00$ 121,321.64$ 403,500.00$ Typical Park Amenities Typical Park Amenities Misc Park Amenities - Bridges, retaining walls, stage, etc.LS 1 30,000.00$ 30,000.00$ Misc Park Amenities - Bridges, retaining walls, stage, etc.LS 2 60,000.00$ 120,000.00$ Restroom Building EA 0 -$ Restroom Building EA 1 500,000.00$ 500,000.00$ Playground Equipment/Support EA 1 175,000.00$ 175,000.00$ Playground Equipment EA 1 300,000.00$ 300,000.00$ Shade Structures LS 1 55,000.00$ 55,000.00$ Shade Structures LS 1 90,000.00$ 90,000.00$ 10' wide concrete paths SY 950 60.00$ 57,000.00$ 10' wide concrete paths SY 3000 60.00$ 180,000.00$ Concrete multi-sport court (50'x85')SY 420 65.00$ 27,300.00$ Concrete multi-sport courts SY 840 65.00$ 54,600.00$ Non competition sports play area(lazer grade, soil improvements and sod)LS 1 35,000.00$ 35,000.00$ Non competition sports play area(lazer grade, soil improvements and sod)LS 1 75,000.00$ 75,000.00$ Protective Fencing LF 875 35.00$ -$ Protective Fencing LF 3000 35.00$ -$ Trash Receptacles with pads EA 2 1,250.00$ 2,500.00$ Trash Receptacles with pads EA 15 1,250.00$ 18,750.00$ Pavilion EA 1 30,000.00$ 30,000.00$ Pavilion EA 2 30,000.00$ 60,000.00$ Picnic tables with pads EA 2 1,400.00$ 2,800.00$ Picnic tables with pads EA 20 1,400.00$ 28,000.00$ Drinking fountain w/ slab EA 1 3,500.00$ 3,500.00$ Drinking fountain w/ slab EA 6 3,500.00$ 21,000.00$ Bike rack EA 1 1,000.00$ 1,000.00$ Bike rack EA 4 1,000.00$ 4,000.00$ Benches EA 4 2,000.00$ 8,000.00$ Benches EA 10 2,000.00$ 20,000.00$ 427,100.00$ 1,471,350.00$ Miscellaneous Miscellaneous Park Sign EA 1 8,300.00$ 8,300.00$ Park Sign EA 2 8,300.00$ 16,600.00$ Dog Bag Dispensor EA 2 350.00$ 700.00$ Dog Bag Dispensor EA 4 350.00$ 1,400.00$ 9,000.00$ 18,000.00$ Landscape/Irrigation Landscape/Irrigation Irrigation System AC 4 25,000.00$ 100,000.00$ Irrigation System AC 12.5 25,000.00$ 312,500.00$ Landscaping EA 1 50,000.00$ 50,000.00$ Landscaping EA 1 200,000.00$ 200,000.00$ Hyrdoseed (70%)AC 3 2,650.00$ 7,950.00$ Hyrdoseed (70%)AC 9 2,650.00$ 23,187.50$ Sod (30%)AC 1 18,000.00$ 18,000.00$ Sod (30%)AC 4 18,000.00$ 67,500.00$ 175,950.00$ 603,187.50$ Hard Cost (Formula Ref Only)717,621.64$ Hard Cost (Formula Ref Only)2,637,500.00$ Construction Cost 893,571.64$ Construction Cost 3,240,687.50$ Professional Service/Mobilization 309,783.94$ Professional Service/Mobilization 1,275,105.63$ Contingency (10%)89,357.16$ Contingency (10%)324,068.75$ Total Project Cost 1,292,712.74$ Total Project Cost 4,839,861.88$ Neighborhood Park (Based on 3-5 acre park)Community Park (Based on 10-12 acre park) City of Denton Parks and Recreation City of Denton Parks and Recreation 153 DRAFT Parkland Dedication and Development Handbook 2022 Edition Effective Date to Be Updated Once Final 154 12/16/2021 2 Table of Contents SECTION 1: INTRODUCTION .......................................................................................................................... 3 Purpose ......................................................................................................................................................... 3 For Help in Using this Document INFORMATION ......................................................................................... 4 SECTION 2: Overview ................................................................................................................................... 5 Applicability................................................................................................................................................... 5 Pre-Development Meetings INFORMATION ................................................................................................. 5 Park Land Dedication and Fee Methodology ................................................................................................ 5 Park Development Fee .................................................................................................................................. 6 Use and Expenditure of Park Fees ................................................................................................................ 7 SECTION 3: Land Requirements .................................................................................................................... 8 Criteria INFORMATION .................................................................................. Error! Bookmark not defined. SECTION 4: Park Development Requirements .............................................................................................. 9 Park Standards / Amenities INFORMATION .................................................. Error! Bookmark not defined. Private Park Improvement and Standards Requirements .......................................................................... 11 SECTION 5: Construction and Utility Requirements ...................................... Error! Bookmark not defined. Criteria INFORMATION .................................................................................. Error! Bookmark not defined. SECTION 6: Definitions ................................................................................................................................ 13 Definitions INFORMATION ......................................................................................................................... 13 155 12/16/2021 3 SECTION 1: INTRODUCTION The mission of the Parks and Recreation Department (PARD) is to unite and grow lives by preserving parks and encouraging play. Parks and Recreation supports this mission through strategic planning, capital improvement enhancements, and the provision of a variety of passive and active recreational opportunities, programs, and special events. The Parks and Recreation Department fulfills the recreational needs of the broad demographic segment of our city by the effective utilization of our parks, athletic fields, walking trails and aquatic facilities. Park land dedication ordinances are adopted by municipalities as a means to acquire land and funding for parks in newly developed areas of a community. The intent of a parkland ordinance is to ensure that as new residential development occurs, the impact new residents have on the operations and maintenance of the City’s existing park system is fiscally recognized. The City accounts for new growth and its impact on the park system by establishing a formula for the park land requirement and park development fee. The formulas consider factors such as the current population, the current cost of land and construction, and the current inventory of parks to establish the City’s level of service. These values help to establish the three elements of a park land dedication ordinance: 1.) the land requirement, 2.) the fee-in-lieu of land dedication, and 3.) the park development fee. Park zones are created to ensure imposed requirements benefit residents of the area they are intended to serve. The ordinance includes a review of these factors every 3 years to maintain and ensure currency of market conditions. Purpose The purpose of this Handbook is to provide standards and guidelines for the design, development, preservation, and enhancement of park spaces. The specifications outlined in the Handbook are required to maintain the level of service PARD provides to the residents of the City of Denton. Existing conditions, accessibility, safety, needs, quantities, orientation, context, convenience, maintenance, programing, and usability are all factors in determining the required land criteria and specification for facilities, furnishings, amenities, and landscaping in the PARD system. Any modifications to the required specifications in the dedication of land or development of parks must receive prior authorization from PARD. In addition to achieving a standard level of service, the specifications and criteria established in this Handbook have been developed from safety and design standards in accordance with related national, federal, state, and local codes including by not limited to: • International Play Equipment Manufacturer’s Association (IPEMA); • Consumer Product Safety Commission (CPSC) Handbook for Public Safety; • American Society for Testing and Materials (ASTM and ASTM F08); • Accessibility Standards for Play Areas through the ADA Accessibility Guidelines (ADAAG); • Illuminating Engineering Society of North American (IESNA RP-6-01); • Denton Development Code; and • Denton Parks and Recreation Design Criteria and Standards Manual. 156 12/16/2021 4 For Help in Using this Document PARKS AND RECREATION For assistance in using this Handbook, or to get a general understanding of the City of Denton’s Parks Dedication and Development planning and review, please contact the Parks and Recreation Department during business hours (Monday through Friday, 8:00 am to 5:00 pm). Address: City of Denton Parks and Recreation 901 Texas Street A Denton, TX 76209 Telephone: (940) 349-XXXX Website: http://www.cityofdenton.com/XXXXXXXXXXX DEVELOPMENT SERVICES For assistance in using this Criteria Handbook, or to get a general understanding of the City of Denton’s development review process, contact the Development Services Department during business hours (Monday through Friday, 8:00 am to 5:00 pm). Address: City of Denton Development Services 401 North Elm Street Denton, TX 76201 Telephone: (940) 349-8700 Website: http://www.cityofdenton.com/landdevelopment 157 12/16/2021 5 SECTION 2: Overview Applicability The Park Land Dedication ordinance applies to all new residential subdivision applications within the city limits. Non-residential use is exempt. The following new subdivision developments must comply with ordinance requirements: • Single-family dwelling units • Multi-family dwelling units • Mixed-use residential Master plan and plats approved prior to May 1, 2022 must comply with the 1998 Ordinance. Subdivision developments under a planned development agreement or other development agreements must meet or exceed the requirements of the ordinance. Any variance from the Ordinance must be approved by the Director and shall be included and outlined in a development agreement which is approved by City Council. Pre-application Conference All applicants are strongly encouraged to request a pre-application conference. During these meetings, applicants will be assigned a development facilitator who will serve as their primary point of contact for the duration of the projects. Pre-application conferences help applicants to navigate the development process and provide an overview of the development process and application requirements. A pre- application can be requested from the Denton Development Services website at http://www.cityofdenton.com/landdevelopment. Park Land Dedication and Fee Methodology The ordinance requires residential development to dedicate land for public neighborhood and community parks. The following factors are used to determine the park land dedication requirements: • Population • Acres of City park land • Park land level of service (LOS) • Residential parcel value The 2020 population estimates were derived from the U.S. Census is based on residents within the city limits. As of October 1, 2021, there are 417 acres of neighborhood and community parks in the City. An average factor of 2.6 people per single family dwelling unit (DU) and 1.8 people per multi-family DU are used to determine a level of service for DU’s per park acre. A city-wide level of service (LOS) will be established based on these factors. The goal of the park land dedication ordinance is to maintain the existing LOS; therefore, park land dedication and fees cannot be more than the current level of service. The predetermined values used in the park land dedication calculations are an accurate representation of requirements for providing the established LOS. 158 12/16/2021 6 The fee in-lieu of park land is based on an additional factor of the average cost per parcel of land. The 2020 appraised values from the Denton County Appraisal District for residential parcels were used to determine the average cost of a residential parcel. Park Land Requirements and Fee In-Lieu Of To determine park land requirements, the City’s population is divided by the number of neighborhood and community park acres in the City to establish the number of residents per acre. The residents per acre value is then divided by the number of people per DU for the maximum number of DU’s per acre of neighborhood / community park land. Land Dedication Calculation: 139,869 (population) ÷ 417 (park acres) = 335.42 residents per park acre 335.42 (residents per acre) ÷ 2.6 (people per single family DU) = 129.01 DU’s per park acre 335.42 (residents per acre) ÷ 1.8 (people per multi-family DU) = 186.34 DU’s per park acre Land dedication requirement = 1 acre for every 129 single family DU Land dedication requirement = 1 acre for every 186 multi-family DU To determine the fee in-lieu of land, the average cost per residential parcel is divided by the required number of DU’s per acre. Fee-in-Lieu of Land Dedication Calculation: $1,728,789,052 (total residential land value) ÷ 30,832 (residential parcels) = $56,071.26 average per parcel $56,071.26 (average per parcel) ÷ 129.01 DU’s = $434.64 fee per single family DU $56,071.26 (average per parcel) ÷ 186.34 DU’s = $300.90 fee per multi-family DU City parks account for 10% of the number of parks when combined with neighborhood and community parks. Understanding and recognizing that city parks serve all citizens, regardless of zones or boundaries, 10% of the assessed fee in-lieu of park land will be allocated towards acquisition of city park land. All requirements, standards, and guidelines outlined in the Ordinance and the Handbook for the use of fees will apply to the use on City parks. Park Development Fee The park development fee establishes a fiscal mechanism to support public park development and improvements of new neighborhood, community, and city parks as well as amenities to existing neighborhood, community, and city parks in response to the increased use and demand created by new residential development. Park development fees are based on the average construction cost of a neighborhood / community park per acre and the number of DU’s per acre. Recent park construction costs were evaluated to determine costs for park projects. The cost to construct a neighborhood park (3-5 acres) and community park (10- 15 acres) was $1,292,713 and $4,839,862, respectively. Construction estimates do not include the cost 159 12/16/2021 7 of land. The average cost of a neighborhood park was determined at 4 acres and the average for a community park was determined at 12.5 acres. Both averages were combined for one average construction cost of $355,184 per acre. To determine the park development fee, the average construction cost is divided by the DU’s per acre. Development Fee Calculation: $355,184 (average park construction cost per acre) ÷ 129 DU’s = $2,753.22 per single family DU $355,184 (average park construction cost per acre) ÷ 186 DU’s = $1,906.07 per multi-family DU City parks account for 10% of the number of parks when combined with neighborhood and community parks. Understanding and recognizing that city parks serve all citizens, regardless of zones or boundaries, 10% of the assessed park development fee will be allocated towards the development and/or improvement of a city park. All requirements, standards, and guidelines outlined in the Ordinance and the Handbook for the use of fees will apply to the use on City parks. Use and Expenditure of Park Fees The guidelines in this section specify how PARD uses fees in-lieu of park land dedication and park land development fees. Zones established by the Ordinance are designated as service areas for the purpose of using fees collected in-lieu of park land dedication and park land development fees. A fee in-lieu of dedication collected under this Ordinance shall be used within the park zone where it was assessed or in an adjacent zone in accordance with the following priorities: 1. PARD will attempt to acquire land or easement located within a 1-mile radius of a development that meets a Master Plan goal or need, serves an identified critical park land need, or provides increased connectivity. 2. If no land is identified or available for acquisition within a 1-mile radius, PARD may use funds to acquire park land or easement within a 2-mile radius. 3. If no additional land that meets the requirements for dedicated park land is available for acquisition with a 2-mile radius, PARD may use funds to acquire park land at any location within the park zone that will benefit the development for which the fees were assessed. 4. If no land meeting the standards in 1-3 above is available for acquisition within one year from the date a fee in-lieu of dedication is paid, PARD may spend the fees to construct recreational amenities or improvements at an existing park within the applicable park zone. Development fees collected under the Ordinance shall be spent on the development of recreational amenities at neighborhood and community parks that meet the locational guidelines for use of fee in- lieu of dedication listed under this section. Fees in-lieu of park land dedication and park land development fees allocated towards city parks can be used for the acquisition of land and development of amenities of any city park within any park zone. 160 12/16/2021 8 SECTION 3: Land Requirements 3.1 Parkland conveyed to the City of Denton shall meet the following standard: A. Site shall be free of trash, dead vegetation, and other undesirable material such as poison ivy, bull nettle, and briars or as identified by PARD staff. B. Site shall have adequate drainage through the proposed park as to eliminate standing water and other health hazards as identified by PARD staff. C. Sites should not be severely sloping or have unusual topography, which would inhibit the land’s use as a park. At least fifty (50) percent of the required dedicated parkland shall have slopes in range of two (2) to five (5) percent, well drained, and suitable development for passive and active use. D. Disturbed soils will be restored and stabilized by vegetative cover in compliance with City of Denton Stormwater Design Criteria Manual prior to dedication to the City. E. Site shall have frontage along a street to allow for public access. F. Frontage is to be paved with curbs and gutters. Sidewalks are required along street frontages abutting the outer perimeter of the park. G. Parkland shall not be overly encumbered with unsightly public utility easements or drainage channels that would restrict development of site or effect it’s beautification for passive and active recreation purposes. H. Subdivision projects that are adjacent to a park or open space shall not be designed to restrict reasonable access or visibility into the park. I. Existing native trees as well as other natural elements within the dedicated parkland should be preserved. J. Electrical, water, wastewater, and all other utilities provided to the subdivision shall be provided to the park as part of standard residential subdivision improvements (Section 3.2). K. Development owner shall agree that parkland will not be used for disposal or staging of construction materials by contractors, subcontractors, employees, or agents while the residential subdivision is being built, unless approved in writing by the Director of Parks and Recreation, or designee. L. A Phase 1 Environmental Assessment will be required for all land to be dedicated to the city. In addition, the developer shall make full disclosure of the presence of any hazardous materials, substances or underground tanks, prior to dedication of parkland. M. Floodplain may be considered, at the discretion of the City, on a three to one (3:1) basis. Three (3) acres of floodplain will be equal to one (1) acre of parkland. Not more that 75% of the required land shall be allowed in a floodplain. Any alteration from this requirement will be determined by the Director of Parks and Recreation or designee. N. Detention and retention areas may be considered to meet a portion of the dedication requirement. 161 12/16/2021 9 3.2 Utility requirements Utility Minimum Sizing Review & Approval Required Electrical 200-amp single-phase service Size and location shall be approved by PARD Water 2-inch tap Meter size and location shall be approved by PARD Wastewater 4-inch sewer tap Sewer Stub out size and location shall be approved by PARD SECTION 4: Park Development Requirements 4.1 All park facilities and improvements, whether a public park or a private park shall be designed and installed to meet the minimum level of service established for public parks. All parks, private or public, should be constructed concurrently with the first unit or a specified unit. All parks, public or private, must submit a Zoning Compliance Plan for the park site or construction plan. Structures, amenities, and improvements provided by a developer shall be designed and installed to meet the terms, conditions, and requirements of this Manual and in accordance with related federal, national, state, or local codes including but not limited to: • International Play Equipment Manufacturer’s Association (IPEMA); • Consumer Product Safety Commission (CPSC) Handbook for Public Safety; • American Society for Testing and Materials (ASTM and ASTM F08); • Accessibility Standards for Play Areas through the ADA Accessibility Guidelines (ADAAG); • Illuminating Engineering Society of North American (IESNA RP-6-01); and 4.2 General Requirements for Developer built Park Park improvements that are to be constructed by the developer, with the intention to convey to the City to satisfy the Park Dedication Ordinance shall follow the guidelines below: 1. At a minimum, park improvements shall be of a value equivalent to the amount of the park development fee. 2. Construction receipts shall be submitted to the Director of Parks and Recreation, or designee, to ensure that the value of park improvements equals or exceeds the amount of the park development fee. 3. Developer shall work in cooperation with PARD to develop a City approved park site plan prior to submission of final plat. 162 12/16/2021 10 4. A detailed set of Zoning and Compliance plans and Civil Engineering plans for construction on park improvements must be submitted to the City in accordance with the Development Service procedures and requirements. 5. All plans and specifications shall meet or exceed City standards in effect at the time of submission. 6. A developer agreement to accept the park design and improvements must be executed prior to beginning of any construction activity. 7. As a condition of acceptance of park improvements by the City, the developer shall provide the City a copy of the application and subsequent inspection report prepared by the Texas Department of Licensing and Regulation or their contracted reviewer for compliance with Architectural Barriers Act, codified as Article 9102, Texas Civil Statutes, as amended. 8. A two (2) year warranty period of park improvements shall be required as a condition of City acceptance of park improvements. 9. The City may perform inspections of park improvements during park construction. The developer shall provide reasonable access to the City to perform such inspections. 10. Once the public park improvements have been completed, the Developer shall provide a set of as built plans to PARD in electronic format. 11. Developer built parks are subject to the review, recommendation and approval authorities assigned to the Park, Recreation and Beautification Board, City Council, and other boards, committees or groups as needed. 4.3 Minimum Amenity Requirements Required Amenity Minimum Amount Minimum Standard* Playground 1 playground that incorporates play areas for both 2-5 and 5- 12 age groups. Commercial grade equipment that is IPEMA Certified and conforms to ASTM F1292. If park is to be transferred to the City of Denton, all equipment must meet the following requirements: 1) minimum of 15-year warranty on all metal and plastics. 2) Powder-coated metal posts with a five (5) inch diameter. 3) Border of playground shall be concrete. 4) Surfacing must meet ASTM F2223-10, F1292, F1951, F2479, F2075. 5) Must meet ASTM F1487-17 Consumer Safety Performance Specification for Playground Equipment for Public Use. Playground Shade Above play area Playground Shade structures of either soft or hard material shall cover at least 75% of the playground’s surface area. Warranty Requirements: 20 year against failure due to corrosion on all commercial steel frames. 10 year on all commercial shade fabric against stitching failure, tears, or significant fading. Shade Structure 1 Pavilion with concrete slab that extends at least one foot beyond the eaves. Shall be a minimum 20’X20’ square or 400 sq. ft. if another shape. Minimum of 2 picnic tables. Walking Trail TBD Minimum 10 feet in width and looped around and/or through the site 163 12/16/2021 11 Site Amenities Picnic tables* (2 minimum, 1 per ½ acre), Benches* (2), Dog-Waste stations (2), Drinking Fountain (1), Grill (1), Receptacles: pair trash & recycle (2 minimum, 2 per acre, on concrete pad that extends at least one foot beyond receptacle on all sides), 5 Bicycle Rack (1) *picnic tables and benches shall be placed on concrete pads large enough to comply with ADA Park Signage: Entrance 1 Monument style sign. See Parks and Recreation Design Criteria and Standards Manual Security Lighting 1 Lighting standard minimum height 20’. LED light required and may be solar or direct wired. Trees Varies by zoning Canopy coverage shall meet the requirements of the Denton Development Code. Any trees planted shall comply with the PARD approved list, Parks and Recreation Design Criteria and Standards Manual Irrigation Varies Planted trees require irrigation per Parks and Recreation Design Criteria and Standards Manual 4.4 Private Park Improvement and Standards Requirements Up to 50% of a subdivision’s required parkland dedication and park development requirements may be satisfied through private parkland, subject to the recommendation of PARD. Either public dedication or fees in lieu of dedication and development, to be determined by the City, may satisfy the remaining portion. Where park areas and recreational facilities are to be provided in a proposed subdivision, and where such areas and facilities are to be privately owned and maintained by the future residents of the subdivision, these areas and facilities may satisfy the requirement of parkland dedication and park development if the following standards are met: 1. At a minimum, private parkland is in accordance with Section 4. 2. At a minimum, the park site is improved in accordance with the minimum amenity requirements listed above in Section 4.3. 3. The private ownership and maintenance of such park areas and facilities are adequately provided for by recorded HOA documents, park development agreement, conveyance, deed, plat, and/or restrictions. 4. The use of such private park area is restricted for parks and recreational purposes by recorded covenant, which runs with the land in favor of future owners of the property and which cannot be defeated or eliminated without the consent of the City. 5. The property owner’s association or equivalent is responsible for the maintenance of the private parkland and any park amenities in perpetuity. The City Attorney shall review and approve the property owner’s association or equivalent documents as it relates to the maintenance of the private parkland and any park amenities. 164 12/16/2021 12 4.5 Private Park Credit 1. In order to receive private parkland credit, described in Section 22-40 of the Denton Park Dedication Ordinance, the developer shall provide documents to the City at the time of final plat filing sufficient to establish that the requirements as described above have been satisfactorily met. Construction payment receipts shall be submitted to the Director of Parks and Recreation, or designee, to validate that the cost of park improvements up to fifty percent (50%) of the assessed park fees. 2. In the event that the developer proposes to construct the improvements at a later date, as in a phased development, the City shall require that the developer obtain a surety bond, performance bond, park development agreement, and/or other forms of guarantee that the recreational amenities will be installed concurrent with the build out plan of the subdivision as required by the City. 3. Yards, setbacks, and other open areas that are required by the City’s Development Code are not eligible for credit. 4. Unless enclosed behind security fencing accessible only to association residents, park amenities shall be open to the public. A public access easement overlay for trails shall be provided to the City. Facilities eligible for credit are those minimal supplementary facilities typically incorporated into a Denton passive park, credit eligibility requires a minimum of 2 contiguous acres and provides a minimum of four (4) of the park amenities listed below: Eligible Credit Amenity Minimum Amount Minimum Standard Playground with Shade 1 playground that incorporates play areas for both 2-5 and 5-12 age groups. Commercial grade equipment that is IPEMA Certified and conforms to ASTM F1292. If parks are to be transferred to the City of Denton, all equipment must meet the following requirements: 1) minimum of 15-year warranty on all metal and plastics. 2) Powder-coated metal posts with a five (5) inch diameter. 3) Border of playground shall be concrete. 4) Surfacing must meet ASTM F2223- 10, F1292, F1951, F2479, F2075. 5) Must meet ASTM F1487-17 Consumer Safety Performance Specification for Playground Equipment for Public Use. Playground Shade structures of either soft or hard material shall cover at least 75% of the playground’s surface area. Warranty Requirements: 20 year against failure due to corrosion on all commercial steel frames. 10 year on all commercial shade fabric against stitching failure, tears or significant fading. Shade Structure 1 Pavilion with concrete slab that extends at least one foot beyond the eaves. Shall be a minimum 20’X20’ square or 400 sq. ft. if another shape. Minimum of 2 picnic tables. Walking Trail TBD Minimum 8 feet in width and looped around and/or through the site Practice Field Variable (1 acre minimum) Minimum one (1) acre set aside for practice space. Can be one (1) large open space or a combination of smaller spaces with no single space being smaller than 10,000 sq ft. Space(s) shall be leveled and have a maximum slope of 2% in any direction Basketball Court 1 Minimum 1/2 size of UIL standard with at least two (2) goals. Concrete court with alkyd surfacing and lines for baselines, free throw line(s) and the "lane" Tennis Court 1 Minimum one (1) regulation court including six-foot perimeter fence, net and court surfacing/striping. Fenced concrete court with alkyd surfacing and all lines necessary for a regulation court. 165 12/16/2021 13 Sand Volleyball 1 Minimum one (1) regulation court including net and sand that meets x specifications. Net(s) shall be adjustable with metal poles that are either galvanized or powder-coated for durability. Sand shall be minimum 12" deep and free from rocks and other debris. Disc Golf Course 1 Nine (9) Hole Disc Golf Course including baskets and appropriate tee markers and rules signage. Permanently installed Commercial quality baskets. Dog Park Varies Minimum 1/2-acre fenced area with irrigated turf. Dog Park shall be leveled and have a maximum slope of 5% in any direction. Fitness Equipment 3 Outdoor Fitness Equipment installed in a grouping or in series along the walking trail. All equipment shall be institutional or commercial grade and compliant with ASTM F2277 Standard Test Methods for Evaluating Design and Performance Characteristics of Selectorized Strength Equipment, ASTM F1749 Standard Specification for Fitness Equipment and Fitness Facility Safety Signage and Labels, ASTM F2216 Standard Specification for Selectorized Strength Equipment and ASTM F2276 Standard Specification for Fitness Equipment. Recreation Center 1 Clubhouse type building for residents that can includes meeting rooms, quiet areas, fitness equipment, entertainment area, swimming pool. Community Garden 1/4 acre Area for the residents to plant and tend a garden Other approved items Other items can be considered with prior approval by the Director of Parks and Recreation SECTION 5 Design and Landscaping Criteria The Parks and Recreation Design Criteria and Standards Manual outlines recommended plants, irrigation specifications and other landscaping requirements. The Manual will be provided by the Parks and Recreation Department. SECTION 6 Definitions As builts: a revised set of construction drawings submitted by a contractor upon completion of a project that reflect all changes made in the specifications and working drawings during the construction process and show the exact dimensions, geometry, and location of all elements of the work completed under a contract. City Parks: Generally, between 30 to 500 acres however, typically greater than 50 acres and contain active and/or passive amenities such as, but not limited to, recreation center(s), athletic complexes, pool, trails, landscaping, playground, open space, benches, pavilion, and/or sculptures. Community Parks: A Community Park is generally between 20 to 50-acres, however, typically fall between 30 to 50 acres and contain active and/or passive amenities, such as, but not limited to, ballfields, courts, pool, trails, landscaping, playground, open space, benches, pavilion, and/or sculptures. DU or Dwelling Unit: A building structure used as a home, residence or sleeping place by one or more persons. Extraterritorial Jurisdiction (ETJ): Land outside of the city limits where services can be provided. 166 12/16/2021 14 Level of Service Standard (LOS): An indicator and/or qualitative measure of the extent or degree of service provided and related to the operational characteristics of the service. A metric of available park amenities and services in an area. Linear Park: A Linear Park, or often called greenways, can vary in size and length, but are typically longer than they are wide. This tract of parkland may contain passive and/or active amenities such as, but not limited to, green space with trails of various tread types and connects assets such as parks, schools, neighborhoods, and business districts. Neighborhood Parks: A Neighborhood Park is generally between 0 to 20-acres however, typically fall between 3 to 5 acres, within walking distance of the immediate service population and contain passive amenities such as, but not limited to, landscaping, playground, open space, benches, pavilion, and/or a sculpture. PARD: Denton Parks and Recreation Department Park Dedication and Development Ordinance: City of Denton Ordinance # 20-XXXX Parks and Recreation Design Criteria and Standards Manual: Manual created that outlines the design criteria and standard to be set by the Parks and Recreation Department to attain and maintain a consistent look and feel to all park spaces. Population: Include the estimated population of the city within the city limits. Private Park: Owned, managed, and maintained by a property or homeowner’s association. Private Park Credit: Up to 50% reduction of park dedication fee in lieu of land amount and park development fees Public Park: Owned, managed, and maintained by the City of Denton. Residential Subdivision: Ordinance 98-039 definition is: Residential subdivision means the division or redivision of land into five (5) or more lots, tracts, sites or parcels for the purpose of developing residential dwelling units. 167 1/7/2022 1 Park Dedication (915) Park Development (916) Fund Programs 1/3/22 PRB21‐093 1 Presentation Overview What are 915 / 916 Funds? Current Ordinance Need for Update Approach Proposed Updates Staff Recommendations Discussion 1/3/22 PRB21‐093 2 168 1/7/2022 2 915 / 916 Funds Park Dedication (915) – the allocation of land for the development of a park Park Development (916) – the allocation of funding for  park development and improvements Provide recreational areas as part of the planning and development process •Applies to new residential developments •Provide parks directly benefiting residents of a development •Keep pace with growth •Keep pace with need •Conveys cost to the user / new development pays for itself 1/3/22 PRB21‐093 3 Current Ordinance (98‐039) Alternatives 915 916 Fee‐In‐Lieu Combination of fee and  other alternatives Private park credit  Park Construction Development  agreement 915 Dedication Calculation •2.5 acres/1,000  population •# of units •Persons per DU  factor •Single – 2.8 •Multi – 1.8 Fee‐In‐Lieu •Value of project  property (DCAD) 916 Development Calculation •$208,000  development cost  @ 5 acres •Flat Fee •Single – $291  •Multi – $187  Fee # of DU’s multiplied by fee Restrictions: Neighborhood Parks ½ mile to 1 mile radius 1/3/22 PRB21‐093 4 169 1/7/2022 3 Need for Update Challenges 915 / 916 Solutions Rough Proportionality Test Connection between  requirements and projected park  use / Individual approach Create zones and establish  service level Methodology Outdated formulas and costs Update data for calculations Program Practice Outcomes Dedication 1998 – 2.5 acres / 1,000 2021 – 3.0 acres / 1,000 Development 2017 – 2020 $1.44M Collected 6,380 SF / MF residential permits issued 13,380 estimated population  1 Neighborhood Park  1,300 DU’s per park acre @ 5 acres 2,600 people per park acre @ 5 acres 1/3/22 PRB21‐093 5 Approach Review •Parks Staff •Stakeholder  Departments Professional  Service • Dr. John  Crompton Developer’s  Town Hall •Presentations • Focus Group  Participants Focus Group • 11 Reps •8 Firms 1/3/22 PRB21‐093 6 170 1/7/2022 4 Proposed Updates 915 Dedication Service Level = DU’s  per Park Acre •Population •Park Acres •People per DU •Single – 2.6 •Multi – 1.8 Fee‐In‐Lieu per DU •City residential  value •Service Level 916 Development Avg. cost of park  development /  Service Level •$355,184 •Single / Multi  factors Fee per DU •# of DU’s based  on type •Establishes Service Levels •Establishes Park Zones •Dedicated use in zone of development •Set Fees •Single Family and Multi‐Family •Expands alternatives •Required update every 3 years •Handbook 1/3/22 PRB21‐093 7 Proposed Fees A C B D E Park Zones • 1 acre for every 129 Single Family DU’s  • 1 acre for every 186 Multi‐family DU’s Dedication • $435 per Single Family DU • $301 per Multi‐family DU Fee‐In‐Lieu • $2,753 per Single Family DU • $1,906 per Multi‐family DU Development 1/3/22 PRB21‐093 8 171 1/7/2022 5 CURRENT PROCESS ‐ 300 Unit – Single Family Development Park Dedication Acreage = (2.5 acres) *(# of DU) *(Person/Unit) 1,000 Fee in Lieu = Assessed Land Dedication *Value per  Acre of Project Park Development Flat Fee *# of Proposed DU’s 2.5 acres * 300 * 2.8  (Person/Unit) 1000 2.1 acres of  land $56,071 per  acres DCAD  *2.1 acres  requiredor $117,749.10  for Fee in Lieu  of Land $87,300 for park development $291.00 * 300 units TOTAL IMPACT FEE ‐ $205,049.10 PROPOSED PROCESS ‐ 300 Unit – Single Family Development Park Dedication Acreage = (# of Single DUs) 129 Fee in Lieu = $435 fee per unit * # of Single DUs Park Development Flat Fee *# of Proposed DU’s 300 units 129 2.32 park acres  of land $435* 300  units or $130,500 for  Fee in Lieu of  Land $825,900 for park development $2,753 * 300 units TOTAL IMPACT FEE ‐ $956,400 172 1/7/2022 6 Staff Recommendations Approve of new methodology and proposed fees Implementation timeline 3 to 6 months after ordinance adoption 1/3/22 PRB21‐093 11 Discussion DENTON PARKS AND RECREATION 1/3/22 PRB21‐093 12 173 174 Policy and Worksession RequestsCompleted Council Member Requestor DateSummary of RequestStaff AssignedDepartmentComments1Council Member Beck11/18/21I request we accelerate the request for an automated notification dashboard out of the PZC matrixand develop and implement this system and dashboard for weekly notifications.Tina FirgensDevelopment ServicesStaff will schedule the 2-minute pitch during the January 25 Councilmeeting2Council Member Davis12/20/21Can staff assess the area behind Parkside Drive and provide an update on cleanup efforts?Dani Shaw, Frank Dixon Community Services Police Staff is assessing this request and will provide information to theCouncil Member in an upcoming Friday Report3Mayor Hudspeth12/21/21Can staff evaluate the health of the tree in front of the American Legion Hall?Gary PackanPublic Works -ParksStaff is assessing this request and will provide information to theMayor in an upcoming Friday Report4Mayor Hudspeth12/21/21Will staff consider the placement of digital speed signs in Southeast Denton?Daniel KremerPublic Works -StreetsStaff is assessing this request and will provide information in anupcoming Friday Report.5Council Member Beck12/22/21Can staff confirm what the city's policy with GIS shape files is, and whether it has recently changed?Leisha MeineTech ServicesStaff is assessing this request and will provide information in anupcoming Friday Report.6Mayor Hudspeth12/30/21Can staff assess the area surrounding the MKOC and provide an update?Dani Shaw, Frank Dixon Community Services Police Staff is assessing this request and will provide information to theMayor in an upcoming Friday Report7Mayor Pro Tem Meltzer01/03/22Can staff provide an update on how many beds were filled at SA and MKOC, and whether anyonewas turned away during inclement weather that began January 1?Dani ShawCommunity ServicesInformation will be provided in the Jan. 7 Friday Report.8Mayor Pro Tem Meltzer01/03/22Will staff provide guidance on how residents should handle the discharge of fireworks in city limits?Frank DixonPoliceInformation will be provided in the Jan. 7 Friday Report.9Council Member Maguire01/03/22Can staff determine whether it is feasible for the libraries to have at-home COVID test kits availableto the public?Jennifer Bekker, Ryan Adams LibraryInformation will be provided in the Jan. 7 Friday Report.10Council Member Maguire01/03/22Are there any plans in place for temporary asphalt paving for Heights Blvd and Briar Forest Dr(Summit Oaks neighborhood) during construction of the eastern lanes of Teasley?Becky Diviney, Rachel Wood CIP - Capital ProjectsInformation will be provided in the Jan. 7 Friday Report.11Mayor Hudspeth01/03/22Can staff contact a property owner regarding a property split question?Scott McDonaldDevelopment ServicesStaff contacted the property owner and provided contact informationfor Denton County. Additional information will be provided in aFriday Report.12Council Member Beck01/03/22Can staff confirm whether something can be done to expedite the process for housing/motelvouchers during inclement weather?Dani ShawCommunity ServicesInformation will be provided in the Jan. 7 Friday Report.13Mayor Hudspeth01/03/22Can staff confirm that the library will re-open on Jan. 6 as planned?Jennifer BekkerLibraryInformation will be provided in the Jan. 7 Friday Report.14Council Member Byrd01/03/22Can staff assist Council Member Byrd to determine the best course of action for betterunderstanding the city's development process?Scott McDonaldDevelopment ServicesInformation will be provided in the Jan. 7 Friday Report.15Mayor Pro Tem Meltzer01/04/22Can staff determine whether construction projects are impacting internet service or causing frequentoutages?Becky Diviney, Rachel Wood CIP - Capital ProjectsInformation will be provided in the Jan. 7 Friday Report.16Council Member Maguire01/05/22Can staff provide an update on the results of the citywide speed study and confirm that DPD isaddressing the speeding issue on Forrestridge?Frank DixonPoliceInformation will be provided in the Jan. 7 Friday Report.17Council Member Beck01/05/22Can staff provide a copy of the SAP proposal from the NE Denton Neighborhood Association to 97-Land?Scott McDonaldDevelopment ServicesInformation will be provided in the Jan. 7 Friday Report.18Mayor Hudspeth01/05/22Can staff provide a rendition of what the proposed Acme property project will look like uponcompletion?Scott McDonald, Tina Firgens Development ServicesInformation will be provided in a future Friday Report.19Council Member Maguire01/05/22Can staff provide a copy of the zoning ordinance specific to Wildwood Inn?Scott McDonald, Tina Firgens Development ServicesInformation will be provided in the Jan. 7 Friday Report.20Council Member Armintor01/05/22Council policy request (2 min. pitch) regarding an amendment to the inclement weather policy.Dani Shaw, Gary Packan Community Services PublicWorks -ParksStaff has scheduled the 2-minute pitch for the Jan. 11 meeting.21Mayor Pro Tem Meltzer01/06/22Can staff provide pre- & post- 2019 DDC zoning maps as well as any development plans for 618 E.Hickory St.?Scott McDonaldDevelopment ServicesInformation will be provided in a future Friday Report.22Mayor Pro Tem Meltzer01/06/22Can staff follow up with a resident about purchasing a property adjacent to her home?Deanna CodyReal EstateStaff will reach out to the resident and provide information in afuture Friday ReportPage 1 of 1Exported on January 7, 2022 2:41:51 PM CST175 January 2022 Sun Mon Tue Wed Thu Fri Sat 1 2 3 Cancelled - 11:30 am ‐ Council Luncheon Cancelled - 6:00 PM- Parks Recreation and Beautification Board 4 2:00 pm - CC Work Session 6:30 pm - CC Regular Session 5 6 8:00 a.m. Agenda Committee Cancelled - 8:30 a.m. DEDC Cancelled - 3:00 p.m. Health & Building Standards Commission Cancelled - 4:00 PM- Public Art Committee 7 8 9 10 Cancelled - 9:00 AM – Public Utilities Board Cancelled - 5:30 p.m. Library Board Cancelled - 5:30 PM – Historic Landmark Commission 11 4:00 pm - CC Work Session 12 Cancelled - 10:00 a.m. TIFZ No.2 Cancelled - 11:00 am – EDPB Cancelled - 3:00 PM – Airport Advisory Board 4:00 PM – Planning and Zoning 13 14 Cancelled – 10:00 a.m. DCRC Cancelled - 12:00 p.m. Community Services Advisory Cancelled - 9:00 am COE 15 16 17 18 19 9:00 AM - Mobility Committee Meeting 20 3:00 PM – Persons w/ Disabilities 3:00 PM - Health and Building Standards Commission 21 22 23 24 9:00 AM – Public Utilities Board 25 5:30 PM - Traffic Safety Commission Meeting 26 1:00 – Civil Service Commission (Tentative) 4:00 PM – Planning and Zoning 6:00 PM – Audit Advisory Committee 27 3:00 PM – Board of Ethics 28 10:00 a.m. – Development Code Review Committee 29 30 31 5:30 PM – Zoning Board of Adjustment 176    February 2022 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4:00 PM- Public Art Committee 3:00 PM - Health and Building Standards Commission 4 5 6 7 6:00 PM- Parks Recreation and Beautification Board 8 9 3:00 PM – Airport Advisory Board 4:00 PM – Planning and Zoning 10 11 10:00 a.m. – Development Code Review Committee 12 13 14 9:00 AM – Public Utilities Board 5:30 PM – Historic Landmark Commission 15 16 9:00 AM - Mobility Committee Meeting 17 3:00 PM - Health and Building Standards Commission :00 PM – Civil Service Commisson 4:00 PM – Planning and Zoning 6:00 PM – Police Chief’s Advisory Board 24 3:00 PM – Board of Ethics 25 10:00 a.m. – Development Code Review Committee 12:00 PM – Bond Oversight Committee 26 27 28 9:00 AM – Public Utilities Board 5:30 PM – Zoning Board of Adjustment   177   March 2022 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4:00 PM- Public Art Committee 3:00 PM - Health and Building Standards Commission 4 5 6 7 6:00 PM- Parks Recreation and Beautification Board 8 9 3:00 PM – Airport Advisory Board 4:00 PM – Planning and Zoning 10 11 10:00 a.m. – Development Code Review Committee 12 13 14 9:00 AM – Public Utilities Board 15 16 17 3:00 PM – Persons w/ Disabilities 3:00 PM - Health and Building Standards Commission 18 19 20 21 5:30 PM – Historic Landmark Commission 22 23 9:00 AM - Mobility Committee Meeting 1:00 PM – Civil Service Commission 4:00 PM – Planning and Zoning 24 25 10:00 a.m. – Development Code Review Committee 26 27 28 9:00 AM – Public Utilities Board 5:30 PM – Zoning Board of Adjustment 29 30 31 3:00 PM – Board of Ethics 178 Meeting Date Item Legistar ID Departments Involved Type Estimated Time Cannabis Follow-Up 22-081 City Manager's Office, Municipal Court Police Department Council Request Armintor (11/2/21)0:45 Two-Minute Pitch:21-2387 City Manager's Office Council Request 0:30 Closed Meeting Item(s) TBD Legal City Business 0:30 Total Est. Time: 1:45 January 18, 2022 Comp Plan Update 21-2436 Development Services City Business 1:30 Mobility Plan Update 21-2702 Engineering Public Works, Development Services Council Priority 0:30 Polling Locations for May 7, 2022 21-1765 City Secretary City Business 1:00 Two-Minute Pitch:21-2388 City Manager's Office Council Request 0:30 COVID-19 Response 22-141 City Manager's Office Council Priority 0:30 Closed Meeting Item(s)TBD Legal City Business 0:30 Total Est. Time: 4:30 Homestead Exemption 21-2155 Finance City Business 1:00 Roadway Impact Fees 21-2604 Engineering/Capital Projects City Business 1:00 Parkland Dedication and Park Development Fees 21-2142 Parks & Recreation City Business 1:00 Sign Topper Program 21-2480 Development Services Council Request Byrd ( 9/14/2021)1:00 Facilities Maintenance: Follow-Up 21-2780 Internal Audit City Business 0:30 Two-Minute Pitch:22-050 City Manager's Office Council Request 0:30 Closed Meeting Item(s) TBD Legal City Business 0:30 Total Est. Time: 5:30 Comprehensive Plan - Follow up 21-2654 Development Services City Business Mobility Plan - Follow up 22-096 Engineering/Capital Projects City Business Total Est. Time: 4:00 Comprehensive Plan - Follow up 22-036 Development Services City Business Mobility Plan - Follow up 22-097 Engineering/Capital Projects City Business Total Est. Time: 4:00 Building Codes, International Residential Code, International Fire Code 21-2633 Building Inspections City Business 0:30 Audit of Energy Management Office Admin (or Closed Meeting) 21-2402 Internal Audit Internal Audit Report 0:30 Police Department Overview 22-006 Police Department City Business 0:45 Placeholder - Comp Plan Update TBD Development Services City Business TBD Placeholder - Mobility Plan TBD Engineering/Capital Projects City Business TBD Two-Minute Pitch:22-051 City Manager's Office Council Request 0:30 Closed Meeting Item(s) TBD Legal City Business 0:30 Total Est. Time: 2:45 CIP: Property Acquisition Follow-Up 21-2779 Internal Audit City Business 0:30 Annual Financial Audit 21-2786 Finance City Business 0:30 Drone Program 22-120 Police Department City Business 1:00 Placeholder - Comp Plan Update TBD Development Services City Business TBD Placeholder - Mobility Plan TBD Engineering/Capital Projects City Business TBD Solid Waste Strategy TBD Solid Waste Council Priority TBD Two-Minute Pitch:22-052 City Manager's Office Council Request 0:30 Closed Meeting Item(s) TBD Legal City Business 0:30 Total Est. Time: 3:00 March 15, 2022 Two-Minute Pitch:22-156 City Manager's Office Council Request 0:30 Closed Meeting Item(s) TBD Legal City Business 0:30 Total Est. Time: 1:00 Update for City DCTA Board Representative 21-2804 City Manager's Office City Business 0:30 Two-Minute Pitch:22-053 City Manager's Office Council Request 0:30 Closed Meeting Item(s) TBD Legal City Business 0:30 Total Est. Time: 1:30 Wastewater Operations 21-2781 Internal Audit City Business 0:30 Two-Minute Pitch:22-054 City Manager's Office Council Request 0:30 Closed Meeting Item(s) TBD Legal City Business 0:30 Total Est. Time: 1:30 NO MEETING - Spring Break (March 14-18) Other Major Items for Meeting: 4:00 4:00 Tentative Work Session Topics and Meeting Information Updated: January 7, 2022 March 1, 2022 Work Session (@2:00 p.m.) Regular Meeting (@6:30 p.m.) January 25, 2022 Work Session (@2:00 p.m.) Special Called Meeting (Continuous Meeting) March 22, 2022 Work Session (@2:00 p.m.) Special Called Meeting Other Major Items for Meeting: NO MEETING - MLK Day Holiday Other Major Items for Meeting: Other Major Items for Meeting: Other Major Items for Meeting: NDO Public Hearing Other Major Items for Meeting: Other Major Items for Meeting: Public Hearing on Comp Plan January 11, 2022 Work Session (@4:00 p.m.) Special Called Meeting (Continuous Meeting) April 5, 2022 Work Session (@2:00 p.m.) Regular Meeting (@6:30 p.m.) February 15, 2022 Work Session (@2:00 p.m.) Regular Meeting (@6:30 p.m.) April 19, 2022 Work Session (@2:00 p.m.) Regular Meeting (@6:30 p.m.) February 8, 2022 Work Session Only (10:00 a.m. - 2:00 p.m.) February 14, 2022 - Joint CC/P&Z Work Session Only (10:00 a.m. - 2:00 p.m.) February 1, 2022 Work Session (@2:00 p.m.) Regular Meeting (@6:30 p.m.) Other Major Items for Meeting: Public Hearing on Comp Plan *This is for planning purposes only. Dates are subject to change.179 Meeting Date Item Legistar ID Departments Involved Type Estimated Time Two-Minute Pitch:22-121 City Manager's Office Council Request 0:30 Closed Meeting Item(s) TBD Legal City Business 0:30 Total Est. Time: 1:00 Two-Minute Pitch:22-122 City Manager's Office Council Request 0:30 Closed Meeting Item(s) TBD Legal City Business 0:30 Total Est. Time: 1:00 Item Legistar ID Departments Type Estimated Work Session Date Electric Rates and Budget 21-2405 Finance City Business Date TBD (45 minutes) Economic Development Programs and Policy Discussion 21-1330 Economic Development City Business Tourism Public Improvement District Update 21-1332 Economic Development City Business Sanger ETJ Boundary Adjustment 21-2653 Development Services City Business Date TBD (45 minutes) Item Dates Departments Type Estimated Work Session Date FY 2022-23 Budget Development February - October 2022 Finance All other departments Budget Summer 2022 Mobility Plan (Multiple Sessions Likely)Ongoing - Fall 2022 Engineering Public Works, Development Services Council Priority Fall/Winter 2022 Procurement of a “tiny home” Housing Solution (requested from Housing Study Work Session)June Community Services Council Priority June Item Date Approved Department Estimated Hours to Complete Requestor Leave Policies Jan 4, 2022 Human Resources Maguire May 3, 2022 Work Session (@2:00 p.m.) Regular Meeting (@6:30 p.m.) Other Major Items for Meeting: Approved Council Request Work Sessions to be Scheduled Council Priorities and Significant Work Plan Items to be Scheduled Work Session Dates to be Determined May 17, 2022 Work Session (@2:00 p.m.) Regular Meeting (@6:30 p.m.) Other Major Items for Meeting: Canvass General Election, Order Runoff if needed *This is for planning purposes only. Dates are subject to change.180 1 Street Closure Report: Upcoming ClosuresSCR Jan 10th - 16thStreet/ IntersectionFromToClosure StartDateClosure EndDateDescriptionDepartmentDepartment Contact1AthensTawakoni Dr.New Ballinger Dr01/24/22 02/11/22 Street Concrete Panel Repair StreetsRoy San Miguel2Bell AveTexas StWithers St02/19/22 03/25/22 Water Distribution will beinstalling a new water main lineand services.WaterTiffany Sherrane3Bernard StHickory StChestnut St06/23/22 08/04/22 Water Distribution will bereplacing the water main lineand services.WaterTiffany Sherrane4BrooksideMeadow ParkMeadow Creek01/31/22 02/18/22 Street Concrete Panel Repair StreetsRoy San Miguel5Davis StJannie StHettie St01/24/22 02/26/22 Wastewater Collections will beinstalling a new wastewatermain line and services.WastewaterTiffany Sherrane6MontecitoSettlementField Bend01/18/22 03/04/22 Concrete Street Panel andSidewalk RepairStreetsRoy San Miguel7Scripture StMarietta StBradley St02/01/22 03/04/22 Installation of 24'' RCP pipeacross the Street to a StormDrain Inlet on the south side ofthe road on the south side ofthe RoadDrainageGabriel Rodriguez8Stuart RdSouth of Keystone Court North of Keystone Court 01/24/22 01/28/22 Replacing concrete road panels Private DevelopmentTucker EllerPage 1 of 1Exported on January 7, 2022 10:53:33 AM CST181 2 Street Closure Report: Current ClosuresStreet/ IntersectionFromToClosure StartDateClosure EndDateDescriptionDepartmentDepartment Contact1Allred RdJM Prosperity Farm Rustic BarnVenueBonnie Brae09/27/21 07/31/22 Storm Installation, CuttingGrade on AllredPrivate Development PublicWorks InspectionsJeremiah Tillman-David2AmherstGeorgetownMalone10/18/21 01/21/22 Street ReconstructionStreetsRobbin Webber3Archer TrailFoxcroft CircleEmerson11/08/21 01/14/22 Residential roadwayreconstruction and during theconstruction only resident trafficwill be allowed.EngineeringDustin Draper4Bell AveWithers StMingo Rd01/07/22 02/18/22 Water Distribution will beinstalling a new water main lineand services.WaterTiffany Sherrane5Chestnut StreetSouth Welch StreetBernard Street10/18/21 02/28/22 Utility installations andpavement replacement.EngineeringScott Fettig6Cyrus WayTealHarvest Glen01/10/22 02/18/22 Concrete Panel and SidewalkRepairStreetsRoy San Miguel7North Texas Blvd.Eagle Dr to OakThere will be multiple phases ofclosures. Will not be all at one12/13/21 08/01/22 Utility installations andpavement replacement.Scott Fettig8Stella St.North Texas BlvdBonnie Brae10/29/21 03/15/22 Utility installations andpavement replacement.EngineeringScott Fettig9Sweet GateLake ViewAutumn Path01/03/22 02/11/22 Concrete Street Panel Repair StreetsRobbin Webber10Welch StreetEagle StreetWest Collins St.11/29/21 02/18/22 Utility installations andpavement replacement.EngineeringScott Fettig11Williamsburg RowJamestown LnNottingham Dr10/26/21 01/21/22 Wastewater Collection will beinstalling a new wastewatermain line and servicesWastewaterTiffany Sherrane12WindsorBonnie BraeParkside08/09/21 01/31/22 Pavement RestorationPrivate Development PublicWorks InspectionsJeremiah Tillman-DavidPage 1 of 1Exported on January 7, 2022 10:53:53 AM CST182 3 Street Closure Report: Completed ClosuresStreet/ IntersectionFromToClosure StartDateClosure EndDateDescriptionDepartmentDepartment Contact1Bell AveatMingo Rd11/22/21 01/06/22 Water Distribution will beinstalling a new water main lineand services.WaterTiffany Sherrane2Bonnie Brae StreetScriptureOak12/20/21 12/22/21 The contractor will beginmaking the crossing of the 42-inch Transmission Main fromthe west side of Bonnie BraeStreet to the east side, requiringa full closure at the crossinglocation. The full width open cutwill take place near 316 N.Bonnie Brae. This work isanticipated to be complete byclose of business onWednesday December 22nd.Therefore, Bonnie Brae Streetwill be closed from the ScriptureRoundabout to Oak Street toTHRU Traffic. Local trafficaccess to medical facilities,businesses and residences willbe allowed. Detour signs will beposted accordingly.EngineeringRobin Davis3ElmHickoryEagle05/11/20 12/31/21 PEC 4 Utility ProjectEngineeringSeth Garcia4Frame St@ Railroad Crossing01/06/22 01/06/22 UPRR Planned maintenance5Hickory St@ Railroad Crossing01/05/22 01/05/22 UPRR Planned maintenance6Hickory StreetWelchCarroll08/31/20 12/31/21 Construction is set to begin onWest Hickory Street between N.Welch Street and Carroll Blvd inOctober of 2020 and continuethrough September of 2021.Detailed lane closureinformation is forthcomingpending approval of thecontractor's phasing and trafficcontrol plans.EngineeringKyle Pedigo7Keystone CtEast of 1109 Keystone Court Stuart Road12/13/21 12/19/21 Replacing concrete road panels Private DevelopmentTucker Eller8Locksley LaneEmersonMaid Marion11/08/21 12/31/21 Residential Roadwayreconstruction, and during theconstruction resident traffic onlywill be allowed.EngineeringDustin Draper9Long RoadW of LaGrone Academy School E of LaGrone Academy School 12/20/21 12/23/21 Replacing concrete road panels Private DevelopmentTucker Eller10MckinneyduchessGlengarry02/01/21 12/24/21 McKinney - Mayhill IntersectionThis project is widening theintersection and 600' each wayto match existing conditionsalong McKinney. Also includeswater, wastewater, anddrainage improvements.EngineeringTrevor Crain11McKinney St@ Railroad Crossing01/05/22 01/05/22 UPRR Planned maintenance12Mingo RdShawnee StNottingham Dr12/13/21 12/17/21 Wastewater Collections will beinstalling a new sanitary sewermanhole.WastewaterJake George13MontecitoBuena VistaPalo Verde11/29/21 01/07/22 Concrete Sidewalk Repair.Remove failed sections andinstall new concreteStreetsRobbin Webber14Orr StreetElm StreetLocust Street10/25/21 12/30/21 Roadway Reconstruction thisproject only affects onebusiness and notification wasdirect with the business owner.EngineeringDustin DraperPage 1 of 2Exported on January 7, 2022 10:54:19 AM CST183 Street/ IntersectionFromToClosure StartDateClosure EndDateDescriptionDepartmentDepartment Contact15Prairie St@ Railroad Crossing01/04/22 01/04/22 UPRR Planned maintenance16Quail RidgeCooper Branch ELa Paloma Dr09/07/21 12/10/21 Street ReconstructionEngineeringDustin Draper17Sycamore St@ Railroad Crossing01/04/22 01/04/22 UPRR Planned maintenance18Warschun RdE Sherman Dr (FM 428) Sauls Rd12/08/21 01/03/22 Drainage pipe extension andTurn lane additionEngineeringDustin Draper19Western BlvdJim ChrystalAirport Rd08/16/21 12/31/21 Paving: Decal LanesPrivate Development PublicWorks InspectionsJeremiah Tillman-David20Willis St@ Railroad Crossing01/06/22 01/06/22 UPRR Planned maintenancePage 2 of 2Exported on January 7, 2022 10:54:19 AM CST184