HomeMy WebLinkAboutApril 28, 2015 Agendatru�Rltli
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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
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City Hall
City of Denton 215 E. 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