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HomeMy WebLinkAboutApril 28, 2015 Agendatru�Rltli �'� � k, Tuesday, April 28, 2015 City of Denton Meeting Agenda City Council 2:30 PM City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Work Session Room After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Special Called Work Session on Tuesday, April 28, 2015 at 2:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: Work Session Reports A. ID 15 -293 Receive a report, hold a discussion and give staff direction regarding a potential Economic Development Chapter 380 Grant Agreement and Lease Contract with Orison Holdings for a coworking space that may be administered by the Dallas Entrepreneur Center to support entrepreneurship and innovation in Tax Increment Reinvestment Zone (TIRZ) Number One. Attachments: Exhibit 1 Proiect Rendering B. ID 15 -333 Receive a report, hold a discussion and give staff direction regarding the City's Self - Funded health plan and Employee Health Center. Attachments: Exhibit 1 - Self Funded Costs vs. Fully Insured Comparison Exhibit 2 - PowerPoint Presentation C. ID 15 -343 Receive a report, hold a discussion and give staff direction regarding the business mix in downtown Denton. Attachments: Exhibit 1 Chart of businesses /color coded by use D. ID 15 -345 Receive a report, hold a discussion, and give staff direction on the impact to the Downtown Square and Entertainment Area from outdoor music venues, special events, and related street closures. E. ID 15 -366 Receive a report from Leadership Denton representatives regarding options to improve parking in downtown Denton. F. ID 15 -344 Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body City ofDenton Page I Printed on 412,312015 City Council Meeting Agenda April 28, 2015 or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Following the completion of the Special Called Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. Closed Meeting A. ID 15 -362 Deliberations regarding consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to legal and economic development issues related to Orison Holdings and economic development incentives and the acquisition of real property interests in the H. Sisco Survey, Abstract No. 1184, Denton, Denton County, Texas, generally located in the 600 block of E. Hickory. This discussion shall include commercial and financial information the City Council has received from Orison Holdings which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. B. ID 15 -374 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with the current Gas Well Ordinance, and proposed Gas Well Ordinance amendment, regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations, statutory limitations upon municipal regulatory authority; statutory preemption and vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice - versa; current and proposed extension to moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; settlement matters concerning gas well drilling in the City; surface development issues involving surface and mineral estates; and legal matters associated with a citizen's initiative ordinance and pending litigation styled Jerry Patterson, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. D- 1- GN -14- 004628 currently pending in the 53rd District Court of Travis County and Texas Oil and Gas Association v. City of City ofDenton Page 2 Printed on 412,312015 City Council Meeting Agenda April 28, 2015 Denton, Cause No. 14- 09833 -431 currently pending in the 431st District Court of Denton County regarding hydraulic fracturing where a public discussion of these legal matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. C. ID 15 -349 Deliberation regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the City Attorney, Municipal Court Judge, and City Manager. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 2015 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349 -8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1- 800 - RELAY -TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. City ofDenton Page 3 Printed on 412,312015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -293, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Economic Development CM/ ACM: George Campbell Date: April 28, 2015 SUBJECT Receive a report, hold a discussion and give staff direction regarding a potential Economic Development Chapter 380 Grant Agreement and Lease Contract with Orison Holdings for a coworking space that may be administered by the Dallas Entrepreneur Center to support entrepreneurship and innovation in Tax Increment Reinvestment Zone (TIRZ) Number One. BACKGROUND The City is engaged in the process of developing new recruitment strategies and programs. One of those initiatives is focused on the recruitment of hi -tech and emerging technology companies, and the support of entrepreneurship and innovation. This program initiative, funded for the 2014 -15 Fiscal Year, seeks to: • To create knowledge- based, high - paying jobs • To gainfully employ our college graduates in order to keep them living and working in Denton • To support entrepreneurship and innovation • To recruit, create and retain successful innovative businesses • To diversify and strengthen our tax base • To increase the average household income in Denton • To encourage infill development and redevelopment • To create substantial investment in Denton businesses • To develop a workforce that is agile, technologically advanced, and employable • To foster technology solutions to address community -wide needs The proposed Railyard downtown catalyst project addresses a number of goals of the Technology and Innovation Program and is located in the Tax Increment Reinvestment Zone (TIRZ) Number One, Downtown Implementation Plan (DTIP) and Transit Oriented Development (TOD) area. The project would be located at 608 E. Hickory adjacent to the transit station. The project involves a Prime Lease Agreement with the Developer (Orison Holdings, LTD), a Chapter 380 Agreement in Tax Increment Reinvestment Zone One (Downtown TIRZ) with the developer and a separate Agreement with the Dallas Entrepreneur Center (DEC) with a Sublease Agreement as an Exhibit. The parties and roles are planned as follows: 0 Orison Holdings, LTD: is the Prime Landlord and grant recipient of the Chapter 380 Agreement in the TIRZ City of Denton: is the Prime Tenant and Sublandlord • Dallas Entrepreneur Center: is a 501(c)3 organization and will be the Subtenant City of Denton Page 1 of 2 Printed on 4/23/2015 File M ID 15 -293, Version: 1 Orison Holdings plans to construct a 28,000 square foot building. The City would lease 9,216 square feet for a collaborative working space. The DEC, which has similar entrepreneur resource centers in Addison and North Dallas, would offer technical assistance, mentorship and program events to help foster local business growth in Denton. PRIOR ACTION/REVIEW On January 16, 2015 the Tax Increment reinvestment Zone Number One (Downtown TIRZ) received a report regarding an innovation and technology recruitment initiative and potential partnership opportunities. On October 14, 2014 the EDP received a report regarding an innovation and technology recruitment initiative and potential partnership opportunities. In a Budget Workshop on July 31, 2014, and in a Budget Work Session on August 19, 2014, the City Council heard a budget request for $220,000 for the formation of this program. This program has been funded for the 2014 -15 Fiscal Year. In a joint meeting between EDP and the City Council on April 7, 2014, program components were presented and discussed. EDP and the City Council gave staff direction to consider pursuing the initiative and developing the program. FISCAL INFORMATION This program has been funded for the 2014 -15 Fiscal Year in the amount of $220,000. Financial information regarding the potential lease agreement and potential incentive agreement will be discussed further in Closed Session. EXHIBITS 1 - Project Rendering Respectfully submitted: Aimee Bissett, Director Economic Development Department Prepared by: Erica Sullivan, Economic Development Analyst Economic Development Department City of Denton Page 2 of 2 Printed on 4/23/2015 1 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -333, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Human Resources /Risk Management ACM: Bryan Langley Date: April 28, 2015 SUBJECT Receive a report, hold a discussion and give staff direction regarding the City's Self - Funded health plan and Employee Health Center. BACKGROUND SelWnnded Health Plan After multiple discussions with staff and the City Council, the City moved from a fully- insured health plan to a self - funded health plan beginning calendar year 2008. While there are many differences between being fully - insured and being self - funded, the main distinction is who is ultimately responsible for the health care expenses... an insurance company or the City? In a self - funded program, while the City is responsible for funding the total health care expenses, we also gain the advantages of having more benefit, provider network, and plan design flexibility. Additionally, since the City protects itself from catastrophic health claims by purchasing stop loss insurance to cover those claims that exceed $185,000 per individual on the plan, we also have the opportunity to realize plan savings by eliminating the overhead and profit margin to the insurance company, and retaining the savings when claims are less than revenue. Through an RFP process, the City selected Fisery Health to serve as our Third -Party Administrator (TPA). The TPA processes all health claims, establishes the medical and pharmacy provider network, provides case management and disease management programs, and provides overall plan advice and guidance. In the first year of our contract Fiserv, was purchased by United Healthcare (UHC), and our account was transitioned to UHC. UHC was able to retain our account after a 2012 RFP process and remains our TPA. We paid UHC approximately $800,000 in 2014 for these services. As stated above, the City also purchases stop loss insurance to protect us against catastrophic claims that exceed $185,000 per individual (employee, dependent, retiree, COBRA), per plan year. The City's current stop loss provider is UHC for an annual premium of approximately $1,000,000 in 2014. However, for the 2014 plan year, the City received approximately $1,900,000 in stop loss reimbursements from UHC. It has been extremely beneficial over that past seven years for the City to be self - funded. Our benefits consultant, McGriff, Seibels & Williams (McGriff), estimates that during that period of time we have saved approximately $11,000,000 when compared with an estimated fully- insured premium City of Denton Page 1 of 5 Printed on 4/23/2015 File #: ID 15 -333, Version: 1 amount as detailed in Table 1 below: Table 1 - Self- Funded vs. Fully Insured Health Plan Costs Year Net Self - Funded Health Plan Costs* Esthnated Fully- Insured Costs Savings 2008 $12,910,243 $13,934,906 $1,024,663 2009 $14,188,021 $14,910,350 $722,329 2010 $14,331,074 $15,954,074 $1,623,000 2011 $14,539,378 $17,070,860 $2,531,482 2012 $17,659,037 $18,265,820 $606,783 2013 $16,930,027 $19,544,427 $2,614,400 2014 $18,969,792 $20,912,537 $1,942,745 TOTAL 1$11,065,402 * -Net Self- Funded Health Plan Costs include medical claims, prescription drug claims, administrative expenses, stop loss premiums, and stop loss reimbursements Even in 2012, when health claims increased by approximately $2,600,000 over the 2011 health claims, the City was still able to realize savings when compared to the fully insured premium for that same time period. Employee Health Center The City opened the Employee Health Center (Clinic) in December of 2011 in office space provided by Denton Regional Medical Center in the professional building attached to the hospital. Through an RFP process, the City secured the services of CareHere to oversee the Clinic operations and manage the medical staff, who are contract employees of CareHere, and not the City. Our initial staffing model consisted of a full -time physician, a part -time physician, and two medical assistants. The Clinic essentially provides all services that a family practice physician performs, in addition to various lab draws that are sent to an outside laboratory for processing. During the first three full years of operation, the Clinic has provided over 22,000 patient appointments to employees, retirees, and dependents that are covered on the City's self - funded health plan. As Table 2 below shows, utilization of the Clinic has increased each year since it opened. Table 2 - Clinic Utilization 2012 2013 2014 % Change ('13 to Appointments Ava 8,388 8,747 9,198 5.16% Appointments Utill 6,747 7,551 8,520 12.83% City of Denton Page 2 of 5 Printed on 4/23/2015 File #: ID 15 -333, Version: 1 tilization % 80.4% 86.3% 92.67% —71 While the Clinic provides a wide array of primary care health services, our main focus is on prevention and wellness. The clinic serves as the access point for our Healthy Incentives Program (HIP) which provides qualifying employees with a $40 per month savings on their health coverage if they meet the HIP criteria. The most important piece of the HIP program is the required Health Risk Assessment (HRA) which is performed at the Clinic. The HRA consists of a blood draw and comprehensive lab analysis, as well as a follow -up visit with the medical staff at the Clinic to go over the results. In addition to the HRA and follow -up, employees must earn "activity points" over the course of the year to qualify for the HIP premium differential. Activity points can be earned as follows: • By meeting certain biometric measurements (BMI/waist circumference, blood pressure, HDL cholesterol, glucose, and tobacco use); • By having certain age and gender appropriate health screenings performed (mammogram, PSA, skin cancer, colonoscopy, dental, and vision, etc.); • By accessing information on the CareHere website (health and wellness articles, recipes, exercise videos, quizzes, etc.); and • By participating in City sponsored health and wellness activities (Benefits & Wellness Fair, blood drives, National Start Walking Day, on -site flu shot clinics). In the first full three years of operation, the Clinic has conducted over 2,500 HRA's with 821 being performed in 2014. Over 720 employees qualified for the HIP premium differential for 2015. The Clinic service model is designed to reduce waiting room times and ensure that patients have a full 20 minute appointment with a medical provider. This model, coupled with the HRA data on employees, allows the provider a better opportunity to influence an employee's overall health. For example, if an employee comes in for treatment of their seasonal allergies, there is sufficient time within the appointment for the provider to discuss how the employee is doing managing their diabetes or high cholesterol, if applicable. CareHere reports that 77% of HRA participants in 2014 have maintained or decreased their overall risk factors. For example, the number of HRA participants with an unhealthy AIC level (a blood test used to monitor blood glucose for diabetics) decreased by 4 %. The number of HRA participants with a total cholesterol level over 200 decreased by 13 %. However, when looking at Body Mass Index (BMI), the number of employees in the Overweight/Obese categories increased by 3 %. Employees continue to report high satisfaction with the Clinic and the clinic staff. In a 2014 Patient Satisfaction Survey, 70% of the respondents indicated that the Clinic is their "first stop for any illness, health concern, or wellness visit." When asked if employees would recommend the Clinic to a co- worker or family member, 80% said that they would and 89% of respondents said the Clinic "is a valuable feature of my total benefit plan." And 93% of the respondents believe that the Clinic staff is "friendly, caring, and sensitive to my needs." Respondents to the survey had great things to say about the Clinic. One person stated "I love the Health City of Denton Page 3 of 5 Printed on 4/23/2015 File M ID 15 -333, Version: 1 Center! It has helped tremendously." Another commented "Absolutely one of the best benefits I have at City of Denton." And another employee let us know that the Clinic "found 2 very serious health issues, referred to a specialist, that would not have appeared until much later." As evidenced by Table 3 below, the City has been consistently able to provide an office visit at our Clinic for less money that it costs an employee to access care within our health plan, saving the City over $600,000 in care "diversion." Table 3 - Average Cost Per Primary Care Office Visit 2012 2013 2014 Change ('13 to '1 United Healthcare $223.15 $131.81 $145.65 10% Clinic $75.40 $67.25 $70.04 4% Savings Per Visit $147.75 $64.56 $75.61 17% Additionally, CareHere reports that the City is saving $2.79 in health care related expenses for every $1 invested in the Clinic. Sunnnary Based on the analysis provided by our consultant, it appears that the decision to move to a self - funded health plan in 2008 has resulted in substantial savings to the City. It is hard to imagine the level of reductions in health plan benefits, the increases in employee costs (premiums, deductibles, copayments), and the increases in City contributions that would have been necessary to make -up the $11,000,000 in additional fully- insured costs. According to the data provided by CareHere, and based on feedback from our employees, it appears that the Clinic has become a valuable benefit to our employees, retirees, and dependents, and is beginning to have the desired impact on our overall employee health. We anticipated as we began this endeavor that it would take five to seven years to start seeing any measurable reduction in health care cost. And although medical and pharmacy costs continue to increase, our overall trend numbers are below industry average and we are seeing positive changes in many of the health indicators that drive that cost. FISCAL INFORMATION Funding for both the self - funded health plan and the Employee Health Center come from the Health Insurance Fund (850500). EXHIBITS Exhibit 1 - Self Funded Costs vs. Fully Insured Comparison Exhibit 2 - PowerPoint Presentation Respectfully submitted: Carla Romine- Haggmark Director of Human Resources City of Denton Page 4 of 5 Printed on 4/23/2015 File #: ID 15 -333, Version: 1 Prepared by: Scott Payne Risk Manager City of Denton Page 5 of 5 Printed on 4/23/2015 h rvvm d by I cx:ls i''I O 0 C.) T3 4) X in pp X O M n cT O 12t Ct cq w Iq 4 N '71 Iq N 0i Iq cq I 00 Oa 01 Iq c4 . . . . . . . . . . . w w tq ct w Q Q OD M p M N N ww z w of E (L M .6 o E EL a V o E y m m v£ ? @ o J(L a (.) U z F- < 0 (.) 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McKinney St. Denton, Texas 76201 www.cityofdenton.com DENT' IN File #: ID 15 -343, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Economic Development CM/ ACM: George Campbell Date: April 28, 2015 SUBJECT Receive a report, hold a discussion and give staff direction regarding the business mix in downtown Denton. BACKGROUND The number of downtown restaurants and bars has been increasing in recent years, and some downtown retailers have expressed concern that the downtown business mix is becoming imbalanced. Staff has compiled a survey of businesses within a three -block area of the Square and color -coded a chart of the uses. This chart is in the back up materials. This work session will be a general discussion of business mix and various best practices for urban areas. EXHIBITS 1 - Chart of businesses /color coded by use Respectfully submitted: Aimee Bissett Director, Economic Development Prepared by: Julie Glover Economic Development Program Administrator City of Denton Page 1 of 1 Printed on 4/23/2015 Business Mix in Downtown Denton April 2015 Page 1 of 4 Business Mix in Downtown Denton April 2015 Denton Firefighters Museum 332 E. Hickory St. Denton Yo a Center 118 W. Con press 110011 NO NOW, 1�1 01m, Oft J11 r Downtowner Salon & Fitness % 725 N. Elm Dusty's Bar & Grill 119 S Elm St. East Side Social Club 113 E. Hickory Street; Ed Steele Photography, LLC 100 W. Oak St., #G106 El Chaparral Grille 324 E. McKinney St. Ste: 102 El Gua o's Restaurant 419 S Elm St. First State Bank iii 400 W Oak St. First United Bank 1517 Centre Place Dr. First United Methodist Church ii 201 S Locust St. NUN From the Future 100 N. Locust # 1 Fuzz 's Taco ShoQ 115 Industrial St. Giuse e's Italian Restaurant 821 N. Locust St. Greater Denton Arts Council /Center for Visual Arts 400 E. Hickory Greenhouse Restaurant & Bar 600 N. Locust St. Haile 's 122 W. Mulberry Hannah's Off the Square 111 W Mulberry Headrush Salon 121 W. Pecan Hickory Street Lounge 212 E. Hickory Hoochie's Oyster Bar 214 W. Hickory St. Hooli an's 104 Locust St. J &J's Pizza on the Square N � 118 W. Oak Jair Kay's Paint & Body 311 N Elm St. Kirkpatrick Architecture Studio 100 W. Mulberry Little Gus Movers r 109 Industrial St Logan's Boot & Shoe Repair 226 W. Hickory Lone Star Attitude Burgers 113 W. Hickory Loophole Gastro Pub & Ale House 119 W. Hickory LS A Burger Company 113 W Hickory Mellow Mushroom Pizza r. 217 E. Hickor Mi Casita Mexican Food 110 N Carroll Michael Lindley Hair Designs 527 N. Elm Page 2 of 4 Business Mix in Downtown Denton April 2015 Page 3 of 4 Business Mix in Downtown Denton April 2015 Vigne Wine Shop ';& Deli; 219 E. Hickory St. Retiring in June 2015 Wax & Lash Bari 116 N Austin St. Weinber er's Deli 311 E. Hickor f I Wells Fargo 101 S. Locust St. West Oak Coffee Bar 114 W. Oak Wine Squared 110 W. Oak St., A Page 4 of 4 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON Legislation Text File #: ID 15 -345, Version: 1 Agenda Information Sheet DEPARTMENT: Police CM/ ACM: John Cabrales, Jr. Date: April 28, 2015 SUBJECT Receive a report, hold a discussion, and give staff direction on the impact to the Downtown Square and Entertainment Area from outdoor music venues, special events, and related street closures. BACKGROUND As stated in the Denton Downtown Implementation Plan (DTIP), Downtown Denton is the cultural, social, and historic center for Denton, the heart of the community. As the focus of the cultural and social heart of the City, the Downtown area has long been the logical destination for community festivals. The proximity of Quakertown Park and Williams Square offer ideal settings for sizeable music festivals, such as Arts and Jazz and the Blues Festival, and creative arts events like the Thin Line Film festival. The Downtown Square hosts a considerable number of annual community events, including Arts Antiques and Autos, Dog Days, Holiday Lighting, and Twilight Tunes. Newer events are continually being added for the area, such as Oaktopia, Geezerpalooza, and 35 Denton. Downtown Denton, encompassing both the traditional Square, and the emerging Entertainment District continues to experience growth in both residential and commercial properties. Since 2011, the DTIP area has experienced a 172.22% increase in residential units, bringing the total residential units in the downtown area to 490. In this same time frame, the number of residents has increased by 193.4 %, to a current estimated total of 895 residents. According to the City's Economic Development staff, Downtown Denton could experience as much as a 50% increase in both residents and residential units in the next two years. Paralleling the residential growth, Downtown Denton has also experienced a considerable amount of commercial redevelopment with a particular focus on restaurant and entertainment venues. The addition of outdoor venues, such as LSA Burger Company's roof top patio, continues to add to the musical focus of the area. Additional projects featuring outdoor venues are in the planning stages now. These venues offer a unique opportunity to add to the City's rich music culture. Like many emerging urban centers, Downtown Denton continues to face challenges in several key areas, including noise, parking, and traffic flow. As new commercial ventures attract more patrons to the area, these challenges become more pronounced. The current and projected growth in residential units adds significant potential for increased problems, particularly in terms of the use of amplified sound at outdoor festivals and permanent outdoor venues. The line between acceptable volumes of amplified sound for public use and expectations of residential privacy becomes increasingly less clear as these two property uses inch closer together. Similarly, the growth in residents also accompanies an increase in concerns regarding the number and City of Denton Page 1 of 6 Printed on 4/23/2015 File #: ID 15 -345, Version: 1 frequency of street closures for special events. Given these challenges, staff believes it is imperative to examine current ordinances and processes in the areas of amplified sound at permanent outdoor music venues, outdoor music festivals in general, and the application and approval for street closures. Staff is seeking policy guidance and direction from City Council in the areas detailed below. Based on Council direction, staff would like to work with Downtown Denton stakeholders to formulate proposed changes and bring individual items back to Council for in -depth discussion and eventual approval. Permanent Outdoor Music Venues The current Ordinance No. 2010 -132, Section 17 -20, in the Property Maintenance Code of the City of Denton Code of Ordinances, governs the use of amplified sound at a commercial establishment sets a maximum limit of 65dba at a distance of 50 feet. The ordinance was intended to address the intrusion of noise into a residential setting to the extent that it disturbed the resident's ability to enjoy the privacy of their home. Because it includes ambient noise sources near the commercial property, this provision was not intended to govern noise levels within a non - residential area, or to address "competing" noise sources from separate businesses. These limits were set by City Council after considerable discussion and a demonstration of noise levels in a commercial setting. City staff met with stakeholders to discuss the decibel limits and the distance measurements. One benefit cited by the commercial establishments was their ability to proactively monitor and limit their own sound levels. All parties agreed that the provisions allowed everyone to clearly identify when a business was in compliance or violation. To constitute a violation under the current ordinance, the amplified sound must first be "clearly audible" at the residential property of the complainant. Sound levels are then measured by taking a two minute decibel reading from a distance of 50 feet from the noise source in the direction of the complainant's residence. There is no distinction made for time of day other than a prohibition on the use of amplified sound on Sundays. At the time the ordinance was established, the primary location for commercial -based amplified sound complaints centered on the greater Fry Street area. There was a single residential property in the immediate vicinity of the commercial businesses along Avenue A and W. Hickory, and only a single outdoor /rooftop venue in the area. The ordinance was generally effective in addressing noise concerns. However, it is quite plausible that the reduction in noise - related complaints had as much to do with the cooperative and proactive approach adopted by the majority of the music - involved businesses - and particularly the single outdoor rooftop venue. While the current noise ordinance remains an effective tool to address neighborhood noise issues, staff believes that a new set of guidelines could better address the emerging noise - related concerns in Downtown Denton. These new guidelines could be crafted to address the unique circumstances of the downtown area - specifically the combination and proximity of entertainment venues and the urban residential lifestyle. At the core of these new guidelines is an understanding and establishment of acceptable time -of -day noise levels for amplified sound, including recorded and live music. Ideally, these levels would be established through community input as a means to find common ground for as many of the stakeholders as possible. Staff believes there may be a way to establish noise levels that allow for the enjoyment of live and amplified music during certain hours, while protecting residential properties from the intrusion of noise after a specific time each day. In looking at nighttime noise levels at differing locations within the downtown area over a three -month time frame of November to February, the average readings were relatively close to the established limit of 65 decibels with average readings for Wednesday, Thursday and Friday nights being 65.75, 57.35, and 59.24 respectively. During this same time frame, within a half mile radius of where the decibel readings were taken, there were a City of Denton Page 2 of 6 Printed on 4/23/2015 File #: ID 15 -345, Version: 1 total of 55 music /noise disturbance calls. None of these calls were tied directly to area businesses, and the vast majority pertained to noise at area apartments. This information reinforces the need to have collaborative input from the area stakeholders to assist in determining what noise levels are acceptable and what is not, as the existing noise levels seem to have been deemed acceptable. In addition to the establishment of an acceptable level of amplified sound, staff recognizes the difficulty in addressing potential violations within an area that has a number of competing music venues. Essentially, with several venues playing live and /or recorded music, how does staff equitably apply and enforce this standard? One approach that has been utilized in other municipalities involves the issuance of an annual permit for the operation of outdoor music venues or similar businesses that routinely project amplified sound outside of the structural confines of the business. These permits, which are often free of charge, establish clear points of contact for the business, a clear understanding of the amplified sound ordinance, and an avenue explanation for the process by which a suspension and /or revocation of a permit for repeated violations would take place. Within the permit itself, would be the methodology utilized by officers responding to a complaint to determine if the location is actually in compliance. If they are in violation, how the violation would be addressed is laid out and the consequences for non - compliance spelled out. The continued use of decibel levels in the ordinance affords the business owner the opportunity to proactively monitor their noise levels to ensure compliance. If a location is found in violation several times, the permit could be revoked which would then prohibit that location from broadcasting amplified sound. The permit would help to address the responsibility question when a venue is not within compliance. Rather than writing a citation to a low level employee or transient band member, the owner of the business is brought in on the conversation about their location. Staff suggests that some minor changes to the decibel levels and the distance for taking sound measurements might afford the opportunity to better ascertain noise levels from individual venues. These changes could be discussed and agreed upon during the stakeholder meetings recommended previously. Outdoor Music Festivals Outdoor music festivals offer an opportunity for community enjoyment and celebration of the musical culture of Denton. These festivals are often held in Quakertown Park, on the Courthouse Square, or at Williams Square. These festivals are generally larger than any single venue, though many festivals work in conjunction with local venues that serve as remote, after -hours locations for festival attendees. Festivals held in Downtown Denton provide several challenges, including noise issues, increased vehicular and pedestrian traffic, and limited available parking. In addition, the process and timeline for submitting event paperwork is challenging for staff. Sound Issues Outdoor music festivals are governed under the current noise ordinance. Because of the nature of these festivals, they enjoy a somewhat greater leeway for playing live and amplified music. Outdoor festivals are allowed a maximum of 70 decibels measured at the perimeter of the event - typically an outer fence of the event or the general property boundary where the event is held. For some time now, the majority of the major music festivals seek a variance from City Council to allow 75 decibels during their events and to allow them to utilize amplified sound on Sundays. These variances are generally approved. Similar to the issues with permanent outdoor music venues, staff recognizes the need to revisit the noise ordinance in terms of these larger festivals. Given the consistent use and approval of variances, staff suggests the establishment of a noise standard that allows sufficient levels of music for these events, including the use of amplified sound on Sundays. Staff would like to effectively end the use of variances, as these tend to create confusion for event organizers, residents, and City staff. Parking and Traffic Issues City of Denton Page 3 of 6 Printed on 4/23/2015 File #: ID 15 -345, Version: 1 There are few immediate solutions to increased traffic and limited parking for these events. Bringing large numbers of people to Downtown Denton is one of the goals of hosting these festivals, and many of the longer - running annual festivals continue to plan for ways to help alleviate parking issues and increase pedestrian safety. Perhaps the single most available solution to these issues would be to limit the number of major festivals held in Downtown Denton on a single day or over a weekend for multi -day events. Recently, Downtown Denton experienced the annual weekend of the Blues Festival and a single day Oaktopia event. The Blues Festival was held in Quakertown Park, while Oaktopia was held in Williams Square. Traffic flow and parking issues for both events were exponentially greater as attendees tried to use available parking in lots sandwiched between the two venues. The elimination of parking spaces in Williams Square further complicated the parking problems for the events and for area businesses. Hosting multiple events at the same time also creates additional challenges for noise complaint resolution, and available police and fire staffing. Event Approval Process The City's application process for special events does an adequate job in gaining key information about planned events; however it relies heavily on speculative information from event organizers. The process lacks significant accountability for providing accurate information, and staff often has to rely on previous year's data to gauge the impact to the City in terms of adequate staffing, traffic and parking, and the general event atmosphere. The process itself lacks specificity in terms of planning timelines. Currently, the City asks event planners to submit their application six (6) weeks prior to the event date (eight (8) weeks for certain venues). Many of these applications are not complete when submitted, and most require additional follow -up documentation from event planners. The event application fee is $30 and is paid with the submission of the event documents. The application is reviewed and distributed to the different departments responsible for reviewing the different aspects, such as security, medical, or traffic related issues. As a part of this review, the different departments are able to ask any clarifying questions and bring up for discussion and possible mitigation, any issues they see. The applicant is advised of any changes needing to be made to their event plan as well as any additional permits or fees that will need to be submitted prior to approval of the event. Staff is tasked with researching and presenting to Council any requests for noise variances or alcohol use on City property. The application process lacks any definitive timelines for resolution of issues found during the application process. As it currently stands, the process could go right to the day before an event is scheduled. Staff suggests a comprehensive examination and change to the special event application process to include timelines which provide ample opportunity to address problems that arise during the approval process while providing clear parameters for the applicant. Additional consideration is suggested for a revamping of the fee schedule to ensure that the applicant is sufficiently invested in the process. Possible avenues for this fee schedule might be a pre -event deposit tied to actions such as: following noise guidelines, post event clean -up, and closing the event on time. If the event organizers meet all required parameters, the deposit is returned. In the case of annual events where compliance has been demonstrated, this deposit may be waived. Street Closure Process The street closure process is initiated by the event planner through the office of the Community Events Coordinator and then branches out to four other entities within the City. Included in the process are the Fire, Streets, City Engineering, and Police Departments. The traffic plan itself is required to have been developed by a professional traffic engineer and submitted at least 14 days prior to the event. While the plan itself may take into account the proper placement of signage and re- routing of traffic away from the event location, it often is created with dated satellite imagery that does not take into consideration any construction that may be happening. In the downtown area, where many of the larger festivals take place, this is a major point of consideration due to the level of construction currently taking place in the area. Oftentimes, the traffic plans do not consider the impact of the closure on emergency response routes around the event or even into the event. With possibly only 14 days to consider the plan by four different entities within the City, this leaves very little City of Denton Page 4 of 6 Printed on 4/23/2015 File #: ID 15 -345, Version: 1 time for City staff to review the traffic plan, ask questions, offer alternatives, and reply to the event planner who then has to resubmit the plan with any corrections requested. While most street closure requests associated with large events are submitted far enough prior to the event to allow for changes to be made, the possibility of last minute issues is still present. Staff would recommend that more detailed requirements be included in the initial packet so the event planner can be more proactive in the creation of their traffic plan to take into consideration any construction, emergency access, and traffic load issues. Included with the street closure process is a signature sheet through which the event planner is required to contact every tenant/owner who would be affected by the closure. While this form is very important from an informational aspect for the residents, there is no structured decision point as to when there are enough negative responses to block the street closure. There are no guidelines that a business owner could point to a loss of revenue through blocking access to their business, by which the closure could be denied. Staff is requesting guidance on decision points for when the closure should be allowed or denied. An additional point for consideration in the closure process presents itself when two events are in close proximity to each other as recently happened with Oaktopia and Blues Fest. While Blues Fest did not require a street closure, the possibility is definitely there. There is no avenue through which the traffic engineers, while considering separate events occurring in close proximity, can take into account the effect their traffic plan and street closure will have on the other event. RECOMMENDATION Decibel Levels Staff recommends the scheduling of meetings with the stakeholders of the affected area to discuss the issue and come to a consensus as to what levels would be acceptable. As a part of this discussion, input on the methods used for determining compliance can be discussed to address the issue of multiple sources of music and noise. These methods should be designed so that the business owners can be proactive and take an active role in maintaining their establishments within acceptable levels. Outdoor Festivals /Street Closures Staff recommends the establishment of a set decibel level that eliminates the variance process which has become the de -facto decibel level since most, if not all, requests are approved. Staff would request guidance from Council as to the establishment of what this level should be. This information could possibly come from the stakeholder meetings conducted to establish acceptable levels for permanent locations. Staff recommends an assessment of the application process to assist with the preparations for upcoming events. As a part of this assessment, consideration should be given to establishing strict guidelines for submittal of documentation with set time requirements for the application to be accepted. These time requirements would grant staff the necessary time to assess applications thoroughly while also giving the applicant ample time to address corrections that need to be made prior to the event. Establishment of set timelines for application provides the applicant and staff with clear parameters by which to operate. As part of the application process, staff recommends the establishment of an adequate fee and deposit schedule that works to guarantee the legitimacy of the event. The street closure application process should be considered as well, as it is often an intricate part of many outdoor festivals. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The City Council adopted Ordinance No. 2010 -132 on May 11, 2010. FISCAL INFORMATION None City of Denton Page 5 of 6 Printed on 4/23/2015 File M ID 15 -345, Version: 1 Respectfully submitted: Lee Howell Chief of Police Prepared by: David Hildebrand Lieutenant City of Denton Page 6 of 6 Printed on 4/23/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENT' IN File #: ID 15 -366, Version: 1 DEPARTMENT: CM/ ACM: Date: Transportation John Cabrales, Jr. April 28, 2015 Legislation Text Agenda Information Sheet SUBJECT Receive a report from Leadership Denton representatives regarding options to improve parking in downtown Denton. BACKGROUND The 2015 Leadership Denton class project outlined public parking needs and related challenges in the downtown Denton area. The class provided a project presentation to the community on April 9, 2015, which included potential solutions that may enhance public parking options and general access to the downtown area. 2015 Leadership Denton Graduates, Trey Sargent and Patrick Figures, will facilitate an abridged presentation of their class project as part of this agenda item. Staff will summarize recent City Council requests related to parking and access in downtown as well as provide preliminary information on parking concerns in downtown Denton to include current efforts to improve public parking in downtown. Respectfully submitted: Mark Nelson Director of Transportation City of Denton Page 1 of 1 Printed on 4/23/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -344, Version: 1 Agenda Information Sheet SUBJECT Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. City of Denton Page 1 of 1 Printed on 4/23/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENT' IN File #: ID 15 -362, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Deliberations regarding consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to legal and economic development issues related to Orison Holdings and economic development incentives and the acquisition of real property interests in the H. Sisco Survey, Abstract No. 1184, Denton, Denton County, Texas, generally located in the 600 block of E. Hickory. This discussion shall include commercial and financial information the City Council has received from Orison Holdings which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. City of Denton Page 1 of 1 Printed on 4/23/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -374, Version: 1 Agenda Information Sheet SUBJECT Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with the current Gas Well Ordinance, and proposed Gas Well Ordinance amendment, regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations, statutory limitations upon municipal regulatory authority; statutory preemption and vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice - versa; current and proposed extension to moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; settlement matters concerning gas well drilling in the City; surface development issues involving surface and mineral estates; and legal matters associated with a citizen's initiative ordinance and pending litigation styled Jerry Patterson, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. D- 1- GN -14- 004628 currently pending in the 53rd District Court of Travis County and Texas Oil and Gas Association v. City of Denton, Cause No. 14- 09833 -431 currently pending in the 431st District Court of Denton County regarding hydraulic fracturing where a public discussion of these legal matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of Denton Page 1 of 1 Printed on 4/23/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -349, Version: 1 Agenda Information Sheet SUBJECT Deliberation regarding Personnel Matters - Under Texas Government Code Section 551.074 Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the City Attorney, Municipal Court Judge, and City Manager. City of Denton Page 1 of 1 Printed on 4/23/2015