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2018-03-20 Agenda with Backup
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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-427,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the CityÓs Delinquent Tax Collection Contract. City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT:Finance CM/DCM/ACM:Bryan Langley DATE:March 20, 2018 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the City’s Delinquent Tax Collection Contract. BACKGROUND The City of Denton’s contract for delinquent property tax collection services was originally awarded to the law firm of Sawko & Burroughs, PC, on July 1, 2005. The City of Denton approved a new contract for delinquent tax collection services with Sawko & Burroughs on November 4, 2008, following an extensive Request for Qualification (RFQ) process. The original contract stipulated an initial term beginning December 1, 2008, and ending June 30, 2011, and it expired in June 2016 as a result of various contract extensions. Due to the impending expiration of this contract, staff issued a new Request for Qualifications (RFQ) for delinquent tax collection services in February 2016. According to state statute, law firms receive a 20% fee for collection servicesassociated with delinquent property taxes. These fees are in addition to the actual amount of delinquent taxes owed and are paid by the delinquent taxpayers, not the City of Denton. Since collection fees are established by statute, an evaluation of potential services is limited to a review of a particular law firm’s historical collection performance, professional qualifications, and collection procedures. Accordingly, the following evaluation and weighting criteria was developed to evaluate responses tothe RFQ in 2016. Demonstrated qualifications, experience, and credentials of firms providing proposals. (20%) Historical performance levels and demonstrated capabilities. (60%) Delinquent tax collection procedures for accounts, technological capabilities,available legal services, oral presentation, and overall response to the solicitation. (20%) In response to the RFQ, the City of Denton received four responses from the following law firms. Sawko & Burroughs, PC Perdue, Brandon, Fielder, Collins, & Mott,LLP, in association with Minor & Jester, PC McCreary, Veselka, Bragg, & Allen, PC, in association with Hayes, Berry, White, & Vanzant, LLP Linebarger, Goggan, Blair, & Sampson, LLP Following the submission of these qualifications, staff performed an extensive review of the materials and heard oral presentations from each firm. After carefully evaluating all of the written proposals and oral presentations, staff recommended that the firm of Sawko & Burroughs, PC, be awarded the contract for delinquent tax collection services. The principal reasons for this recommendation were as follows: Strong history of delinquent tax collection performance in the City of Denton. Strong level of demonstrated responsiveness to the City of Denton. Principal tax collection attorneys work in Dentonand maintain a strong local presence to assist staff and taxpayers with issues that may arise. Sawko & Burroughs also collects for the Denton Independent School District which leverages resources to optimize collections. Evidence of assisting taxpayers with information and payment arrangements. Led effort to collect delinquent property taxes for Nuview Molecular Trace Linac business personal property accounts which represented a very complex and time consuming task. Led effort to collect pro rata share of property taxes related to Texas Department of Transportation property condemnations. Led effort to establish proactive collection arrangements for key bankruptcy accounts. From 1987-2015, initiated more than 65% of the delinquent tax property auction proceedings in Denton County. The firm of McCreary, Veselka, Bragg, and Allen, PC, received the second highest ranking from the selection panel. This firm collects delinquent property taxes for Denton County and represents several municipalities in the county. However, the firm was not able to provide Denton County collection information for Denton accounts, and the local law firm affiliated with McCreary would have a limited role in providing collection services. As a result, staff rated this firm slightly lower than Sawko & Burroughs. While the Perdue and Linebarger law firms have extensive experience in delinquent tax collections, staff rated their proposals equally as the third highest ranking. Following several work session discussions, the City Council approved a new two year contract with the Sawko and Burroughs law firm in June 2016. As such, the purpose of this item is to receive direction on how to proceed from the City Council given the impending expiration of the contract in June 2018. DISCUSSION According to the contract, collections arerequired to be at least 60% of current year delinquencies, and 30% of all prior year delinquent amounts. City staff has independently reviewed the performance of Sawko &Burroughsand determined that the firm has exceeded the contractual requirements. Consequently, staff has been satisfied with the performance of the firm.A summary of the firm’s collection performance is included in the attached presentation. Due to theimpending expiration of the contract, the following options have been developed for consideration. Option1:Enter into a new three-year agreement with Sawko& Burroughs for delinquent tax collection services. While a three-year agreement is recommended in this option, the City Council could certainly choose to have an alternate contract term. Option 2:Enter into negotiations and award a contract to another law firm. Since delinquent property tax collections are considered a professional service, state law does not require the solicitation of bids or proposals. McCreary, Veselka, Bragg, and Allen, the firm which received the second highest ranking from thepanel during the last RFQprocess,could be considered. This firm was ranked very favorably due to their prior performance and existingcontract with Denton County. Alternatively, the City Council could award the collection contract to another law firm based upon their qualifications. Option 3: Solicit new Requests for Qualifications(RFQ) for the tax collection contract. While this is a viable option, it should be noted that staff completed an extensive RFQprocess in 2008 and 2016, and we received responses from the same four firms mentioned above in each proposal process. Itis doubtful that the market for these services has changed materially since 2016, and as a result, the City would likely be considering the same firms from the last proposal process if this option was selected. RECOMMENDATION These type of rankings for professional services are inherently subjective in nature, and the differences in collection performance and procedures is minimal between delinquent property tax collection law firms. However, after reviewing the performance of Sawko & Burroughsfor the past several years, staff is of the opinion that the firm has performed more than satisfactorily. As such, staff is recommending that a new contract be awarded to the Sawko & Burroughs law firm for delinquent property tax collection services. STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: RelatedKey Focus Area: Organizational Excellence Related Goal:1.1 Manage financial resources in a responsible manner EXHIBITS Exhibit 1 –Agenda Information Sheet Exhibit 2 –Ordinance 2016-191 Exhibit 3 –Presentation Respectfully submitted: Bryan Langley Deputy City Manager/COO City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-434,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and provide direction concerning a Management Study for Water, Wastewater, and Denton Municipal Electric. City of DentonPage 1 of 1Printed on 3/14/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Utility Administration CM/ DCM/ ACM: Mario Canizares DATE: March 20, 2018 SUBJECT Receive a report, hold a discussion, and provide direction concerning a Management Study for Water, Wastewater, and Denton Municipal Electric. BACKGROUND All Denton utilities are required by the Section 12.08(f) of the City Charter to conduct a management study in an interval not to exceed 10 years. The Charter specifies that this study shall be conducted by a competent management consulting or industrial engineering firm, and that the report and recommendations shall be made public. The purpose of conducting management studies is to provide a thorough examination of all major elements of utilities operations to ensure that utilities are adhering to processes required by the charter and organization, are being managed efficiently, and are cost effective. Solid Waste has traditionally not been included in the Charter management studies, as municipal solid waste operations are not considered to be a utility under Texas Local Government Code. However, there is nothing to prevent Solid Waste from being included. Staff contemplated doing so for the current effort, but there have been several studies covering elements of a traditional management study that have been recently conducted or are being conducted currently for Solid Waste. Examples include recently completed “Weaver “Evaluation of Functions, Processes, and Controls”, and the upcoming “Staffing Analysis and Operational Review” that is being conducted by Blue Ridge Services”. Since these studies cover similar elements, implementing a Solid Waste management study at this time would be redundant. The last management studies were completed in 2008-2009, and staff has released a request for proposals (RFP) to meet the charter requirement. For consistency, staff incorporated the major elements from past management studies into the current RFP. Respondents are provided the flexibility to respond to Water / Wastewater and Denton Municipal Electric components combined, or respond to Water /Wastewater and Denton Municipal Electric separately. The RFP requires the following elements to be addressed by respondents. Elements details are provided in Exhibit 2. PART I: General Management Task 1: Project Initiation and Data Gathering Task 2: Governance Review Task 3: Organizational Structure Review Task 4: Financial Practices Analysis Task 5: Development Policies Review Task 6: Support Services Review Task 7: Franchise and Payment in Lieu of Taxes Comparison and Impact Analysis Task 8: Communications Review Task 9: Public Relations Review Task 10: Planning Review Task 11: Budget Process Review - Operations and Capital Budgeting Task 12: Rate Development and Administration Review Task 13: Identification and Review of Other Significant Issues Effecting Utility Management PART II Comparative Analysis of Significant Operational Cost Components Task 1: Major Electric Cost Components Task 2: Major Water Cost Components Task 3: Major Wastewater Cost Components Task 4: Major Support Services Cost Components PART III Outsourcing Task 1: Identification of any Components not Reasonably Competitive Task 2: Interim Report Outlining Corrective or Alternative Action PART IV Project Deliverables Task 1: Interim Reports Task 2: Final Reports and Presentation to the Public Utility Board and City Council RECOMMENDATION Staff is providing this material for informational purposes, and appreciates any feedback from the Council. The response for proposals was due on March 15, 2018, and staff will bring forward a recommendation to the Public Utility Board following review of these proposals. ESTIMATED SCHEDULE OF PROJECT The current schedule is to complete the draft management studies during 2018. Interim presentations will be provided to the Public Utility Board during this time. A final presentation of the Management Studies will be provided to the Public Utility Board for recommendation, and then will be taken to City Council for approval. Staff anticipates the final presentations will be completed in spring 2019. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This information was provided to the Public Utility Board on February 12, 2018 FISCAL INFORMATION None STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.3 Promote superior utility services and City facilities EXHIBITS Exhibit 1. AIS Exhibit 2. Statement of Work / Specifications Exhibit 3. Presentation Respectfully submitted: Kenneth Banks. General Manager of Utilities Exhibit 2. Management Study: Statement of Work / Specifications I. Project Overview A. The Charter of the City prescribes that “at intervals not exceeding ten (10) years the council shall at the expense of the utilities involved cause a general management survey to be made of all utilities under the jurisdiction of the board by a competent management consulting or industrial engineering firm, the report and recommendations of which shall be made public”. The City is seeking proposals from qualified professional or engineering firms to conduct this charter prescribed management study. B. Denton continually desires to achieve greater productivity, efficiency and effectiveness in providing services. Denton recognizes that to meet these expectations that bench marking, business process design and outsourcing are some of the methods used to review progress in a competitive utility environment. Therefore, in addition to the general management study as prescribed by the charter, Denton desires that a bench marking of operational costs be performed on selected significant cost components of the various utility operating divisions. This study, should evaluate the cost and quality of Denton’s existing utility services and provide recommendations including general and specific operational actions and policy changes, which can be used as a guide for changes so that Denton can assure its citizens are receiving quality, cost effective utility services which compare favorably with other similar utilities in the region. II. General Project Description A. Study Objective/Purpose - The purpose of this study is to perform the general management study as prescribed by the City charter, to perform and overall benchmarking comparative analysis of the major cost components of the various utility operating divisions and provide recommendations of changes, for internal improvements including options for outsourcing, that will enhance the efficiency and effectiveness of Utility services in the City of Denton. B. Scope of Project - The study shall include an independent evaluation of the general management of the electric, water, wastewater (including storm water drainage) utilities and selected support services. C. It shall also include a comparative analysis of major cost components for the various utility operating divisions within each utility. The comparative analysis part of the study should concentrate on examining the areas with the greatest cost reduction potential. The study should examine such issues as use of technology, competitive outsourcing, operational methodologies, purchase of services and products, labor, power, chemicals, vehicles, equipment, etc. III. Project Detail A. General Management – In the general management part of the study, all aspects of the city’s utility should be reviewed in the context of how each aspect relates to the cost or function of providing utility services. Included, but not limited in this review, shall be such issues as governance, organizational structure, financial practices, development policies, support services, franchise, franchise and cost of service transfers, communications, public relations, planning and budgeting processes, rate development and administration, etc. 1. Governance review shall consider the Council, Public Utility Board, management structure as outlined in the charter and analyze actual practice for compliance and effectiveness. 2. Organizational structure review shall consider both the business vertical and horizontal service structure effectiveness versus other possible organizational structures such as operational function. The review should also include, but not be limited to, reviews of various operational units and their relationship in the overall utility organization structure. It should also examine span of control and the size of various work units, especially field service crews. 3. Financial practices review shall examine the financial condition, strength, appropriate ratios, debts and assets, general practices, etc. of the financial issues of each utility. 4. Development policies review shall examine the city and utility overall utility development policies that affect the various utilities financially, planning wise and operationally, etc. 5. Support services review shall examine the various support services provided by the city’s general government departments in the provision of utility services. 6. The support service review shall include, but may not be limited to, utility billing, customer service, engineering, accounting, purchasing, warehousing, legal, information services, human resources, risk management, finance, treasury, utility engineering and inspections, etc. 7. Franchise and payment in lieu of taxes review shall examine the practices in Denton as compared to other similar cities and the comparative impact on utility rates and services. 8. Communications review shall examine the general communications, formal and informal. Necessary for the internal functioning of the Utility, other city departments and governance structures in the process of intelligence gathering, decision making, directing, controlling, monitoring and informing, the staff involved in providing utility services. 9. Public relations review shall examine the formal and informal public relations programs, mediums, etc. for effectively informing and coordinating with customers. Public relations and external communications reviews may be overlapping and the consultant shall organize as determined appropriate to address these important functions. 10. Planning review shall examine, but shall not be limited to, the processes of strategic planning, capital improvement planning, financial planning, strategic rate planning, etc. This review should examine the processes for appropriate public, governance and staff input for analysis process, decision making, plan approval and implementation…. 11. Budgeting review shall examine the process of budget development, approval, implementation and monitoring. This shall include the capital and operating budget processes. 12. Rate development and administration review shall examine the process of developing, implementing and administrating, rates for electric, water, and wastewater utility services… 13. The consultant shall also review all other management issues that may have a significant effect on the management efficiency or effectiveness of the utility. B. Comparative Analysis – The comparative analysis part of the management study shall examine the selected significant cost component segments of each operating division of the Utility Department. The management study report should include a general section for each of the main utility services of electric, water and wastewater. Where appropriate, each of the subunits of the main utility services should also include a general section, example – water production, wastewater plant, etc. The comparative analysis of the main utility services and their sub-units shall include, but may not be limited to: 1. Electric Utility – Electrical transmission and distribution service 2. Water Utility – Raw water supply, regional partnerships, treatment, storage and pressure pumping, distribution, engineering, metering and wholesale services 3. Wastewater Utility – Collection, pumping stations, treatment, biosolids management, regional partnerships, wholesale services and stormwater drainage. 4. Support Services – utility billing customer service, accounting, purchasing, warehousing, legal, information services, human resource services, risk management, finance and treasury, utility engineering and inspections, fleet maintenance C. Outsourcing – If during the course of the general management or comparative analysis review, the consultant finds that any function the utility or city is now performing by its own personnel is not reasonably comparable or competitive and that there are significant reasons to conclude would not be comparable or competitive within a reasonable timeframe the consultant shall present the issues involved with those functions in the interim report. If outsourcing is an appropriate recommended action, to address the concerns of such function(s), the consultant may be requested to provide an RFP and a detailed plan for implementation for outsourcing. Such an effort if requested must have prior approval of the city and will result in an amendment to the consultant’s base contract. IV. Project Deliverables It is anticipated that the project will be completed in phases with interim draft reports on key issues with possible action items being prepared for review by the City. The final report would be a single comprehensive document including all interim reports and action items. The cost of service and comparative relationship (bench marking) to other utilities of comparable size is required. The analysis shall include the major cost components such as labor, power, chemicals, amortization of capital facilities, purchased services and products, and other factors. The City of Denton’s cost shall be measured against other comparable utilities and the competitive market, if applicable. Study for Water/Wastewater start date to be June/July 2018. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-461,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff guidance on a proposed amendment to the Denton Development Code to remove a limitation on the square footage and number of truck bays for the Distribution Center/Warehouse, General and Warehouse, Retail uses in the Employment Center Districts. City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM: Todd Hileman DATE: March 20, 2018 SUBJECT Receive a report, hold a discussion, and give staff guidance on a proposed amendment to the Denton Development Code to remove a limitation on the square footage and number of truck bays for the Distribution Center/Warehouse, General and Warehouse, Retail uses in the Employment Center Districts. BACKGROUND The Employment Center Industrial (EC-I) and Employment Center Commercial (EC-C) Districts are intended to provide locations for a variety of workplaces and complimentary uses. Within these districts a variety of uses are permitted by right, such as offices, restaurants, self-service storage, and more intensive industrial uses, including bakeries, craft alcohol production, light manufacturing, and wholesale sales. A complete list of permitted uses in each district is provided in Exhibits 2 and 3. Within the EC-I District, distribution centers/general warehouses are permitted only under the parameters established in Limitation 34 as described below: usand (150,000) gross square feet and eight (8) truck docks. All docks or loading bays shall be to the rear or side of the structure and not viewable from the street. The buffering standards for outdoor storage shall apply, both to any outdoor storage acti Limitation 34 has existed since the Denton Development Code (DDC) was adopted in 2002. However, Ordinance 2012-155 amended the industrial land use categories related to distribution center and warehousing activities and expanded the applicability of L(34). The effects of this code amendment on the DDC are summarized in the table below. Distribution/Warehouse Uses in the Employment Center Districts Use Prior to Ordinance 2012-155 Current DDC Wholesale Storage and Distribution EC-I: L(34) applied Use removed by 2012-155 EC-C: Not Permitted Distribution Center EC-I: Permitted by Right Use removed by 2012-155 EC-C: Not Permitted Wholesale Sales EC-I: Permitted by Right EC-I: Permitted by Right EC-C: Permitted by Right EC-C: Permitted by Right Distribution Center/Warehouse, General Use added by 2012-155 EC-I: L(34) applies EC-C: Not Permitted Warehouse, Retail Use added by 2012-155 EC-I: L(34) applies EC-C: L(34) applies For reference, definitions of the uses currently in the DDC that are referenced throughout this report are listed below. Referenced Uses: Craft Alcohol Production: A business that primarily manufactures alcoholic beverages for wholesale distribution, but may also include onsite consumption and/or retail sales. Distribution Center/Warehouse, General: A facility where goods or products that are manufactured or assembled off-site are received and stored in bulk, and are then distributed to customers. Light Manufacturing: Industrial operations relying on the assembly of products using parts previously developed from raw material and not classified as a point source of objectionable pollutants. Warehouse, Retail: A Distribution Center/Warehouse exceeding twenty-five thousand (25,000) square feet of gross floor area, and devoting up to thirty (30) percent of the gross floor area for display and retail sale of merchandise. Wholesale Sales: A business engaged in the sale of commodities in large quantities for resale purposes. ANALYSIS As a result of ordinance 2012-155, distribution centers in the EC-I district and retail warehouses in either of the Employment Center districts are now limited to no more than 150,000 square feet and 8 truck docks per lot. For size comparison purposes, the Wal-Mart at Rayzor Ranch Marketplace is approximately 167,000 square feet in size, and the Aldi Distribution Center on Westcourt Road is approximately 521,000 square feet. These restrictions are in addition to general regulations applied to all uses in these districts as shown in the table below. EC-C EC-I Maximum FAR 1.50 0.75 Maximum lot coverage 80% 85% Minimum landscaped area 20% 15% Maximum building height 100 feet 65 feet Floor Area Ratio (FAR) is determined by dividing the total floor area of a structure by the total area of the lot. These regulations, in addition to parking requirements, serve to limit the size of a building based on the land area available. The additional restrictions imposed by L(34) render many larger parcels zoned EC-I and EC-C undesirable for distribution centers or warehouses that would otherwise be able to develop there. As an example, based on the FAR, lot coverage, and parking requirements (1 space per 1,000 square feet of building) for a 150,000 square foot distribution center to be developed in the EC-I District, the property being developed would have to be at least 5.2 acres in size. A cursory analysis of substantially undeveloped properties currently zoned EC-I determined that there are approximately 24 tracts of land in the City that meet this minimum size requirement and are thus restricted by L(34). These parcels are outlined on the maps provided in Exhibits 4 and 5 and total approximately 429 acres in size. By applying this same methodology, in order to develop a 150,000 square foot retail warehouse building in the EC-C District a minimum lot area of 5.5 acres is needed. There are approximately 7 tracts of land in the City zoned EC-C District that meet this minimum size requirement and are thus restricted by L(34). These parcels are outlined on the maps provided in Exhibits 6 and 7. Approximately 148 acres of land zoned EC- C are included in this example. Additionally, staff surveyed eight cities across the Dallas-Fort Worth metroplex and found only two cities with limitations on distribution center or warehouse type uses: Carrollton limits warehouses to be only an accessory use of no more than 3,000 square feet within their Corporate Commercial district, which is a district specifically designed to encourage campus- style office developments. McKinney limits warehouses to 20,000 square feet within their Town Center district. None of the eight cities surveyed placed limitations on the size or number of truck bays for warehouse type uses within an industrial zoning district such as is the case for these uses in the EC-I District. CONSIDERATIONS within the EC-within both the EC-I and EC-C Districts in advance of the overall DDC update because of the highly restrictive nature of this limitation. Particularly, this limitation would render a proposed beer distribution facility undevelopable on a property located at the northwest corner of West University Drive and Masch Branch Road without rezoning the property. In addition to this proposed development, proposals are regularly brought forward for distribution center or warehouse spaces that are in excess of 150,000 square feet. Typically, proposed developments of this type include buildings that are in excess of 200,000 to 300,000 square feet. As it stands today, such uses are permitted by right only in the Industrial Center zoning districts because of the restrictions imposed by L(34). While this limitation may not apply to that many properties, it does substantially limit the use of those . It should also be noted that these same properties could be developed with a use such light manufacturing or craft alcohol production with no limitations on square footage or the number of truck bays. For example, a craft alcohol production facility could develop in the EC-I District and produce, sell, and distribute alcohol from their facility without size limitations, but a standalone alcohol distribution center would be limited in terms of both size and the number of bays. In addition to the issues described above for L(34), there is a lack of clarity in the DDC related to the various warehouse use types. For example, (see definitions above) often overlap and could all be applicable to a single development. Conflicting language such as this makes it difficult to administer the code and determine what use classification is appropriate for many proposed developments. This issue is beyond the scope of this proposed code amendment but should be considered as the overall development code update moves forward. RECOMMENDATIONS/CONCLUSIONS Staff recommends removing Limitation 34 from the distribution center/warehouse, general use and the warehouse, retail use in the EC-I and EC-C Districts. This change could be made by processing a DDC amendment through the zoning amendment, dual public hearing process. If City Council recommends staff proceed with this change, the code amendment would be brought forward to the Planning and Zoning Commission and City Council in April. EXHIBITS 1. Agenda Information Sheet 2. EC-I Permitted Uses 3. EC-C Permitted Uses 4. EC-I Affected Properties Zoning Map 5. EC-I Affected Properties Location Map 6. EC-C Affected Properties Zoning Map 7. EC-C Affected Properties Location Map 8. Presentation Respectfully submitted: Richard Cannone, AICP Interim Planning Director Prepared by: Hayley Zagurski Senior Planner Employment Center Industrial Permitted Uses RESIDENTIAL: P Agriculture L(7) Livestock COMMERCIAL: Hotels, Bed and Breakfast, Restaurant, Private Club, Bar, Drive-through Facility, Professional Services and Offices, Medical Offices, Quick Vehicle Servicing, Vehicle Repair, Auto and RV Sales, Laundry Facilities, P Indoor Recreation, Major Event Entertainment, Commercial Parking Lots, Administrative or Research Facilities, Broadcasting or Production Studio L(18) Retail Sales and Service L(38) Temporary Uses INDUSTRIAL: Craft Alcohol Production, Printing/Publishing, Bakeries, Manufacture of Non-Odiferous Foods, Light Manufacturing, Wholesale Sales, Self- P Service Storage, Construction Materials Sales, Kennels, Veterinary Clinics L(32) Wholesale Nurseries L(34) Distribution Center/Warehouse, General; Warehouse, Retail SUP L(29) Wrecker Services and Impound Lots L(27) Gas Wells INSTITUTIONAL: Basic Utilities, Community Service, Parks and Open Space, Churches, P Semi-Public Halls, Clubs, and Lodges, Business/Trade School, Adult or Child Day Care, Colleges, Mortuaries SUP Conference/Convention Centers, WECS (Free-standing Monopole Support Structure), WECS (Building Mounted) P = Permitted, L(#) = Permitted with a Limitation, SUP = Specific Use Permit LIMITATIONS: L(7) Limited to two animals on parcels one to three acres in size. Additional animals may be added at a rate of one per each acre over three acres. L(18) = Uses are permitted only in association with Gas Stations and are limited to no more than five thousand (5,000) square feet of gross floor area except adjacent to I-35 then uses are limited to ten thousand (10,000) square feet of gross floor area. L(27) = Must comply with the provisions of Subchapter 22, Gas Well Drilling and Production. L(29) = Wrecker Services and Impound Lots must comply with the following provisions: 1. The subject lot shall comply with the provisions of the Texas Administrative Code, regarding Vehicle Storage Facilities. 2. Lot Screening: All stored vehicles shall be opaquely screened from all rights-of-way and residential uses and zoning districts. 3. Parking and vehicle storage areas associated with wrecker services and impound lots activities are not allowed within undeveloped floodplain, water-related habitat, and riparian buffer environmentally sensitive areas (ESA). 4. Best management practices addressing stormwater quality must be implemented and maintained on site. Management practices must attain the pollutant removal capabilities recommended for parking areas in the Integrated Storm Water Management (ISWM) Manual, as published by the North Central Texas Council of Governments, or similar practices consistent with low impact development (LID) approaches. L(32) = Not allowed to locate adjacent to an arterial and within one thousand (1,000) feet as measured from the nearest property line of a sexually oriented business to the nearest property line of any other sexually oriented business, adult or child daycare, any elderly housing facility, hospital, any residential use, public open space. L(34) = Permitted with no more than one hundred fifty thousand (150,000) gross square feet and eight (8) truck docks. All docks or loading bays shall be to the rear or side of the structure and not viewable from the street. The buffering standards for outdoor storage shall apply, both to any outdoor storage activity and to the loading docks. L(38) Must meet the requirements of Section 35.12.9. Employment Center Commercial (EC-C) Permitted Uses RESIDENTIAL: P Agriculture L(7) Livestock COMMERCIAL: P Hotels, Motels, Retail Sales and Service, Restaurant, Private Club, Bar, Drive-through Facility, Professional Services and Offices, Quick Vehicle Servicing, Vehicle Repair, Auto and RV Sales, Laundry Facilities, Outdoor Recreation, Indoor Recreation, Major Event Entertainment, Commercial Parking Lots, Administrative or Research Facilities, Broadcasting or Production Studio, Self-service Storage, Medical Office L(38) Temporary Uses INDUSTRIAL: P Printing/Publishing, Bakeries, Craft Alcohol Production, Manufacture of Non-Odiferous Foods, Light Manufacturing, Wholesale Sales, Kennels, Veterinary Clinics L(27) Gas Wells L(29), SUP Wrecker Service and Impound Lots L(34) Warehouse, Retail INSTITUTIONAL: P Basic Utilities, Community Service, Parks and Open Space, Churches, Semi-Public Halls, Clubs, and Lodges, Business/Trade School, Adult or Child Day Care, Colleges, Conference/Convention Centers, Hospital Services, Elderly Housing, Medical Clinic, Mortuaries SUP WECS (Free-Standing and Building-Mounted) P = Permitted, L(#) = Permitted with a Limitation, SUP = Specific Use Permit LIMITATIONS: L(7) Limited to two animals on parcels one to three acres in size. Additional animals may be added at a rate of one per each acre over three acres. L(27) = Must comply with the provisions of Subchapter 22, Gas Well Drilling and Production. L(29) = Wrecker Services and Impound Lots must comply with the following provisions: 1. The subject lot shall comply with the provisions of the Texas Administrative Code, regarding Vehicle Storage Facilities. 2. Lot Screening: All stored vehicles shall be opaquely screened from all rights-of-way and residential uses and zoning districts. 3. Parking and vehicle storage areas associated with wrecker services and impound lots activities are not allowed within undeveloped floodplain, water-related habitat, and riparian buffer environmentally sensitive areas (ESA). 4. Best management practices addressing stormwater quality must be implemented and maintained on site. Management practices must attain the pollutant removal capabilities recommended for parking areas in the Integrated Storm Water Management (ISWM) Manual, as published by the North Central Texas Council of Governments, or similar practices consistent with low impact development (LID) approaches. L(34) = Permitted with no more than one hundred fifty thousand (150,000) gross square feet and eight (8) truck docks. All docks or loading bays shall be to the rear or side of the structure and not viewable from the street. The buffering standards for outdoor storage shall apply, both to any outdoor storage activity and to the loading docks. L(38) Must meet the requirements of Section 35.12.9. Selected Vacant Properties or Properties with a Gas Well (Within EC-I Zoning) Site Location 428 77 288 288 2164 428 380 77 380 380 I35 426 I35E 1515 77 377 I35W 288 WILLOWWOOD I35E FM 2449 2449 I35W 377 1830 2181 01,7503,5007,000 Selected ParcelsDC-GEC-IMPCNR-6RCC-D Feet DC-NETJNR-1NRMURCC-N Centerline µ DR-1IC-ENR-2NRMU-12RCR-1 A DR-2IC-GNR-3PDRCR-2 CM-E EC-CMF-1NR-4RCRD-5 CM-G RD-5X Date: 3/13/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Selected Vacant Properties or Properties with a Gas Well (Within EC-I Zoning) Site Location 428 77 288 288 2164 5 4 8 428 7 380 17 77 19 10 1 11 9 1512 2 380 380 24 21 I35 22 20 426 23 14 I35E 18 3 1515 77 377 13 16 I35W 288 Owner NameAcreage 1 380 STORAGE OF DENTON LLC9.9 2 GAMMON, F DON ETAL17.7 3 MEDANJO PARTNERS LTD13.8 4 PAAGE LTD66.3 5 CHRISTIE, EFFIE6.6 6 SOUTHWEST DENTON J/V17.9 I35E 7 DANKEL, GUY & HOPPER, JACK9.6 8 SPIRITAS, STEVEN F ETAL17.9 9 PAAGE LTD21.4 2449 6 10 PAAGE LTD9.8 11 KEY ROBERTS PARTNERS LTD20.2 12 ARAB, HABIB PYARALI & SALMAN7.6 I35W 13 TERRANO REALTY INC23.4 377 14 TERRANO REALTY INC26.1 15 A & A DENTON PROPERTIES LP69.2 16 JIM/HERITAGE LP10.3 1830 2181 17 LO, HENRY PANG LIVING TRUST5.8 18 SALLY BEAUTY SUPPLY CO INC6.6 19 UNITED COPPER INC10.8 20 551 MAYHILL J/V11.1 21 MRLP RN LAND LLC14.3 22 MRLP RN LAND LLC6.8 23 WOODROW MORSE PROPERTIES LLC8.1 24 MRLP BICK PROPERTY LLC17.2 01,7503,5007,000 !!! Selected ParcelsCollector Feet Current Certified ParcelsFuture Freeway µ FreewayFuture Primary Arterial Primary ArterialFuture Secondary Arterial !!! Secondary ArterialFuture Collector Date: 3/13/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Selected Vacant Properties or Properties with a Gas Well (Within EC-C Zoning) Site Location 428 77 380 426 I35E 77 377 288 I35E 08751,7503,500 Selected ParcelsDC-GEC-IMPCNR-6RCC-D Feet DC-NETJNR-1NRMURCC-N Centerline µ DR-1IC-ENR-2NRMU-12RCR-1 A DR-2IC-GNR-3PDRCR-2 CM-E EC-CMF-1NR-4RCRD-5 CM-G RD-5X Date: 3/16/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Selected Vacant Properties or Properties with a Gas Well (Within EC-C Zoning) Site Location 428 77 2 380 426 7 4 I35E 6 4 5 3 4 77 377 288 Owner NameAcreage 1 CHAMBERLAIN TRUST5.9 I35E 2 CUDD, DOROTHY JEAN TRUST5.6 3 TERRANO REALTY INC6.0 4 NW REALTY INC48.7 5 NW REALTY INC17.1 1 6 MEDANJO PARTNERS LTD58.1 7 ZFN REALTY LLC6.1 08751,7503,500 Feet Selected ParcelsFuture Freeway µ FreewayFuture Primary Arterial Primary ArterialFuture Secondary Arterial !! Secondary ArterialFuture Collector !! CollectorCurrent Certified Parcels Date: 3/16/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-406,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding a draft ethics ordinance from attorney Alan Bojorquez. City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: CM/ DCM/ ACM: Bryan Langley DATE: March 20, 2018 SUBJECT Receive a report, hold a discussion, and give staff direction regarding a draft ethics ordinance from attorney Alan Bojorquez. BACKGROUND The process for the creation of an ordinance is to hold an estimated seven (7) meetings from December 2017 to March 2018. The City Council held a series of five (5) meetings from December 2017 to February 2018 to discuss various elements of an ethics ordinance and to provide direction in the creation of an ethics ordinance. On March 6, 2018, attorney Alan Bojorquez presented a first draft of an ethics ordinance to City This meeting will review the second draft of an ethics ordinance As directed, staff has drafted the agenda to allow for Council to suspend the Rules of Procedures to provide an opportunity for public comment at Work Sessions where the ethics ordinance will be discussed. In addition, a public hearing will be held during the regular session meeting of City Council on March 20, 2018 beginning at 6:30 p.m. Included as Exhibit 2 is a second draft of the ethics ordinance based on the feedback that staff has received during the prior City Council meetings and a redlined version of changes from the original as Exhibit 3. Public comment received through the creation of the ordinance has been included as Exhibit 4. There have been four (4) speakers at City Council meetings, two (2) comments received through email, and no public comment recived through the form available on the website. Additionaly, Alan Bojorquez provided a response to citizen comments included as Exhibit 5. A presentation will be sent to City Council early next week. ESTIMATED SCHEDULE OF PROJECT The drafting of an ethics ordinance could be completed by April 3, 2018 depending upon City Council discussion and direction. Adoption of an ordinance could be scheduled for April 17, 2018. PRIOR ACTION/REVIEW (Council, Boards, Commissions) November 14, 2017- City Council directed staff to hire attorney Alan Bojorquez. December 5, 2017- The first meeting with attorney Alan Bojorquez was held. December 19, 2017- The second meeting with attorney Alan Bojorquez was held. January 27, 2018- The third meeting with attorney Alan Bojorquez was held. February 6, 2018- The fourth meeting with attorney Alan Bojorquez was held. February 20, 2018- The fifth meeting with attorney Alan Bojorquez was held. March 6, 2018- Ethics FISCAL INFORMATION The current cost for ordinance development is approximately $28,000. Any additional meetings would be at a cost of $4,000 each and not-to-exceed $40,000 total. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence EXHIBITS Exhibit 1- Agenda Information Sheet Exhibit 2- Ethics Ordinance B clean Exhibit 3- Exhibit 4- Public Comment Exhibit 5- Response to Public Comment Respectfully submitted: Bryan Langley Deputy City Manager Prepared by: Charlie Rosendahl Management Analyst L.A.R.I.A.T. TM Ethics Ordinance Worksheet: Module #6 TM Cityof Denton’s Codeof Ethics CityCouncil Work Session Tuesday, March20, 2018 Public Hearing: Draft “B” EthicsOrdinance Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 1 EDITOR’S NOTES: 1.Draft Document: The following material represents a rough draft-in-progress, which was prepared for discussion purposes;only, and is subject to modification following public notice and public hearings. Specific language will not be considered finaluntil duly approved by a majority of the CityCouncil at a properly-posted public meeting. 2.Training: Prior to commencing the drafting process, the CityCouncil completedtwo (2) hours of formal training on state ethics laws and common components of municipal ethics policies in Texas. 3.Broad Sampling:The contents of this draft was selected from a sampling of more than nineteen (19)municipal ethics policies from across Texas. 4.Consensus:This document represents the consensus of preferences expressed by the City Council over a period of five(5)public work sessions, whichwere broadcasted.Altogether, the work sessions exceeded thirteen(13)hours of deliberations. 5.Best Practices: Where there were gaps or omissions in the feedback or direction provided by the CityCouncil thus far, the editor inserted recommendations that reflect Best Practices in the field of Municipal Ethics, solely at the editor’s discretion. 6.Applicability:This Codeof Ethics was drafted to apply to the Mayor, CityCouncil, P&Z, ZBA, Department Headsappointed by the City Council, and Vendors. It is anticipated that a similar set of rules will be adopted subsequently for other employees. 7.Codification:It is anticipated that certain non-substantive, grammatical and formatting edits will be made after (or just before) final adoption to make the Codeof Ethics consistent with the broader Codeof Ordinances. Alan Bojorquez Consulting Ethics Advisor &Attorney at Law Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 2 TABLE OF CONTENTS DIVISION 1. GENERAL...............................................................................................................4 Sec. 3-105. Authority......................................................................................................................4 Sec. 3-106. Purpose.........................................................................................................................4 Sec. 3-107.Prospective....................................................................................................................4 Sec. 3-108.Applicability.................................................................................................................5 Sec. 3-109. Definitions....................................................................................................................5 Sec. 3-110. Cumulative & Non-Exclusive......................................................................................7 DIVISION 2. RULES OF CONDUCT..........................................................................................7 Sec. 3-111.Expectations .................................................................................................................7 Sec. 3-112. Mandates.......................................................................................................................8 Sec. 3-113. Prohibitions...................................................................................................................8 DIVISION 3. IMPLEMENTATION..........................................................................................13 Sec. 3-114. Staffing.......................................................................................................................13 Sec. 3-115.Legal Counsel.............................................................................................................13 Sec. 3-116. Training......................................................................................................................13 Sec. 3-117. Board of Ethics...........................................................................................................13 Sec. 3-118. Advisory Opinions......................................................................................................15 Sec. 3-119.Complaints..................................................................................................................15 Sec. 3-120. Preliminary Assessment.............................................................................................17 Sec. 3-121. Meetings.....................................................................................................................18 Sec. 3-122. Disposition..................................................................................................................19 Sec. 3-123.Reconsideration..........................................................................................................21 Sec. 3-124.General Procedural Matters .......................................................................................21 Sec. 3-125. Lobbyists \[reserved\]....................................................................................................21 Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 3 Draft “B” CITY OF DENTON CODE OF ORDINANCES CHAPTER 2: ADMINISTRATION ARTICLE XI. ETHICS DIVISION 1.GENERAL Sec. 3-105.Authority This Articleis enacted pursuant to the authority granted to the Cityunder Section__ of the Charter. Sec. 3-106.Purpose The purpose of this Articleis tofoster an environment of integrity forthose that serve the Cityof Denton and ourcitizenry. The CityCouncil enacted this Articlein order to increase public confidence in our municipal government. It is the policy of the Citythat all City Officials and employees shall conduct themselvesin a manner that assures the public that we are faithful stewardsof the public trust. City Officialshave a responsibility to the citizensto administer and enforce the CityCharter and CityOrdinancesin an ethical manner. To ensure and enhance public confidence in our municipalgovernment, each City Officialmust strive not only to maintain technical compliance with the principles of conduct set forth in this Article, but to aspire daily to carry out their duties objectively, fairly, and lawfully.Furthermore, this Article was enacted to ensure that decisionmakers provide responsible stewardship of City resources and assets. It is not the purpose of this Articleto provide a mechanism to defame, harass or abuse their political opponents, or publicize personal grudges.Rather, this Article is intended to provide a framework within which to encourage ethical behavior, and enforce basic standards of conduct while providing due process that protects the rights of the Complainant and the Accused. Sec. 3-107.Prospective ThisArticleshall apply prospectively, and shallnot sustain any Complaints based on acts or omissions alleged to have taken place prior to adoption of this Article. Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 4 Sec. 3-108.Applicability This Articleapplies to the following persons: (a)City Officials. (b)FormerCity Officials whose separation from cityservice occurred less than two (2) years from the date of the alleged violation of this Article. Application of this Article to Former City Officials shall be limited toalleged violations: (1)that occurred during the term as a City Official; (2)of the prohibition on representing others for compensation (§3-112(d)(2)); or (3)of the prohibition of subsequent work on prior projects (§3-112(h)). (c)Vendors; and (d)Complainant(s). Sec. 3-109.Definitions The following words, terms and phrases, when used in this Article, shall have themeanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accepted Complaint:asworn allegation of a violation of this Articleafter the required documentation has been submitted to the City Auditorand determined to be administratively complete. Accused:aCity Officialwho has been chargedin a Complaintwithhaving violated this Article. Actionable Complaint:an Accepted Complaintthat has been deemed by a Panel to contain allegations and evidence that, if accepted as true, would support a finding that a violation of this Articleoccurred. Advisory Opinions:written rulings regarding the application of this Articleto a particular situation or behavior. Article:the Codeof Ethics for the Cityof Denton. Baseless Complaint:aComplaintthat does not allege conduct that would constitute a violation of this Article, or that does not provide evidencethat, if true, would support a violation of this Article. Board of Ethics:the oversight entity established by the Council to administer this Article. Candidate:apersonwho has filed an application for a place on a ballot seeking public office, or one who has publicly announced the intention to do so. Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 5 Charged: to be charged with a violation of this Article is to have an Accepted Complaint deemed Actionable. City:the Cityof Denton in the County of Denton and State of Texas. City Auditor:the personappointed to serve in the capacityprovided for by Section 6.04 of the City Charter, or their designee and clerical staff acting in the City Auditor’s absence. City Official:for purposes of this Article, the term consists of the Council Members, City Manager, CityAttorney, Department Heads, Planningand Zoning Commission Members, and Board of Adjustment Members. Code:the Codeof Ordinances of the Cityof Denton, Texas, as such Codemay be amended from time to time. Complainant: the human individual who submitted a Complaintto the City. Complaint:written documentation submitted to the Cityaccusing a City Officialof violating this Article. Confidential Information: any written information that could or must be excepted from disclosure pursuant to the Texas Public Information Act, if such disclosure has not been authorized; or any non-written information which, if it were written, could be excepted from disclosure under that Act, unless disclosure has been authorizedby the City Council or City Manager. Council:the governing bodyof the Cityof Denton, Texas, including the Mayor and City Council Members. Department Heads: the employees appointed by the City Council, those being the City Manager, City Auditor, City Attorney, and Municipal Court Judge. Former City Official: a City Official whose separation from city service occurred less than two (2) years from the date of an alleged violation of this Article. Frivolous Complaint:a sworn Complaintthat is groundless and brought in bad faith or groundless and brought for the purpose of harassment. Interfere: aperson interferes with a process or activity pertaining to this section when they intentionally and wrongfully take part in, or prevent, a City process or activity from continuing or being carried out properly or lawfully. Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 6 Panel:an ad hocsubcommittee of the Board of Ethicsconsisting of three (3) membersassigned by the Chairperson or designated by the City Auditor (as applicable) on a rotating basis, at least one (1) of which is an attorney or retired jurist. Person:associations, corporations, firms, partnerships and bodies politic and corporate, as well as toindividuals. Recklessly: aperson acts recklessly when they are aware of but consciously disregard a substantial and unjustifiable risk that a certain result is probable from either their conduct, or in light of the circumstances surrounding their conduct. The risk must be of such a nature and degree that to disregard it constitutes a gross deviation from the standard of care that an ordinary person would exercise under the circumstances. Shall:amandatory obligation, not apermissivechoice. Special Counsel:an independent, outside attorney engaged by the Cityto advise the Cityas an organization and/or the Board of Ethics. Vendor:apersonwho provides or seeks to provide goods, services, real property to the Cityin exchange for compensation. Sec. 3-110.Cumulative& Non-Exclusive ThisArticleiscumulativeofandsupplementaltoallapplicableprovisionsoftheCityCharter, otherCityOrdinances,andState/Federallawsandregulations.CompliancewiththisArticle doesnotexcuseorrelieveanypersonfromanyobligationimposedbyany other Rule.Attempts to enforce this Articleshall be construed as foreclosing or precluding other enforcement options provided by other law. DIVISION 2.RULES OF CONDUCT Sec. 3-111.Expectations The following list conveys the City Council’s expectations for City Officials. These expectations are aspirational, and shall not serve as the basis for a Complaint. (a)City Officials are expected to conduct themselves in a manner that fosters public trust. (b)City Officialsare charged with performing their public duties in a way that projects a high level of personalintegrity and upholds the integrity of the organization. (c)City Officials must avoid behavior that calls their motives into question and erodes public confidence. (d)City Officials shall place the municipality’s interests and the concerns of those the City servesabove private, personalinterests. Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 7 (e)Those who serve the City are expected to value honesty, trustworthiness, diligence, objectivity, fairness, due process, efficiency, and prudence asvaluesthe Cityprofesses. (f)City Officials must balance transparency with the duty to protectpersonal privacyand preservethe confidential information with which the Cityhas been entrusted. (g)It is neither expected nor required that those subject to this Article relinquish or waive their individual rights. Sec. 3-112.Mandates (a)Duty to Report.City Officialsshallreportanyconductthatthepersonknowstobea violationofthisArticle.Failuretoreportaviolation ofthisArticleisaviolationof this Article.Forpurposesofthissection,submittal of a Complaint or areportmadetothe Fraud,WasteorAbusehotlineshallbeconsideredtobeareportunderthisSection. A report to the hotline may remain anonymous unless disclosed by the caller. (b)Financial Disclosures.All Candidates for CityCouncil, including Candidates for Mayor, shall file financial information reports as required by, and in accordance with, State law.All prospective Vendors and City Officialsshall file disclosure forms as required by,and in accordance with, State law. Sec. 3-113.Prohibitions (a)Conflicts of Interest. (1)Deliberation Prohibited.It shall be a violation of this Codefor a City Officialto knowingly deliberate regarding a pending matterfor which the City Officialhas a Conflicting Interest.City Officials with a Conflicting Interest in a pending matter must recusethemselves and abstain from Deliberations. It is an exception to this recusal requirement if the City Official serves on the City Council, Planning and Zoning Commission, or Board of Adjustment;and a majority of the members of that bodyis composed of persons who are likewise required to file (and who dofile) disclosures on the same pending matter. (2)Disclosure Required. If a City Officialhas a Conflicting Interest in a pending matter, the City Officialshall disclose the nature of the Conflicting Interest by filing a sworn statement with the City Auditor.Disclosures under this subsection shall be for the time period,including the previous calendar year,and up to date where the Conflicting Interest arises before the City Official. (3)Definitions.For purposes of this Article, these terms are defined as follows: (A)Business Entity: a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, political subdivision, government agency, university, or any other entity recognized by law. Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 8 (B)Conflicting Interest: a stake, share, equitable interest or involvement in an undertakingin the form of any one (1) or more of the following: (1)ownership of five percent (5%) or more voting shares or stock in a business entity; (2)receipt of more than six-hundred dollars ($600.00)in gross annual income from a business entity; (3)ownership of more than six-hundred dollars ($600.00) of the fair market value of a business entity; (4)ownership ofan interest in real property with a fair market value of more than six-hundred dollars ($600.00); (5)serves on theBoard of Directors or as an Officer of a business entity, unless the City Official was appointed to that position by the City Council; and/or (6)serves on the Board of Directors or as an Officer of a nonprofit corporationor an unincorporated association, unless the City Official was appointed to that position by the City Council. ACity Officialis considered to have a Conflicting Interest if the City Official’s relative has a conflicting interest. The term Conflicting Interest does not includeownership of an interest in a mutual or common investment fund that holds securities or assets unless the City Officialparticipates in the management of the fund. (C)Deliberations:discussions at the dais;voting as a Member of the Board or Commission;presentations as a memberof the audience before any City Board or Commission;conversing or corresponding with other City Officialsor staff.This term does not apply to a general vote on a broad, comprehensive or omnibus motion, such as approval of the City budget. rd (D)Relative:a family member related to a City Officialwithinthe third (3) degree of affinity (marriage) or consanguinity (blood or adoption). (E)Pending Matter:an application seeking approval of a permit or other form of authorization required by the City, State or Federal law; a proposal to enter into a contract or arrangement with the Cityfor the provision of goods, services, real property or other things of value; a case involving the Citythat is (or is anticipated to be) before a civil, criminal or administrative tribunal. (b)Gifts. Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 9 (1)General.It shall be a violation of this Articlefor a City Officialto accept any gift that might reasonably tend to influencesuch Officer in the discharge of official duties. (2)Specific.It shall be a violation of this Articlefor a City Officialto accept any gift for which the fair market value is greater than fifty dollars ($50.00). It shall be a violation of this Articlefor a City Officialto acceptmultiplegifts from a single source for which the cumulative fair market value exceeds two-hundred dollars ($200.00) in a single fiscal year. (3)It shall be a violation of this Article for a Vendor to offer or give a Gift to a City Official exceeding fifty dollars ($50.00) per gift, or multiplegifts cumulatively valued at more than two-hundred dollars ($200.00)per a single fiscal year. (4)Definition of Gift.Anythingofmonetary value, including but not limited to cash, the extension of credit,personal property, real property, services, meals, entertainment, and travel expenses. (5)Exceptions. This definition shall not apply tothe following, which are allowed under this Article: (A)alawful campaign contribution; (B)meals, lodging, transportation, entertainment,and related travel expenses paid for (or reimbursed by) the Cityin connection with the City Official’s attendance at a conference, seminar or similar event, or the coordinatorof the event; (C)meals, lodging, transportation, or entertainment furnished in connection with public events, appearances or ceremonies related to official City business, or charity functions, or community events, if furnished by the sponsor of such events; (D)complimentary copies of trade publications and other related materials; (E)attendance at hospitality functions at local, regional, state or national association meetings and/or conferences; (F)any gift thatwould have been offered or given to the City Officialbecause of a personal,familial,professionalrelationship regardless of the City Official’s capacitywith theCity; (G)tee shirts, caps and other similar promotional material; (H)complimentary attendance at political or charitable fund raising events. (6)Donations. It is not a violation under this Article for a City Official to accept a Gift prohibited by this Article on behalf of the City of Denton. Conveyance of a Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 10 Gift prohibited by this Article to the City of Denton or a nonprofit corporation curesany potentialviolation. (c)Outside Employment. (1)Applicability of Section.This subsection applies to the following City Officials. (2)Prohibition. It is a violation of this Articlefor aCity Officialcovered by this subsection to solicit,accept,orengageinconcurrentoutsideemploymentwhich couldreasonably beexpectedtoimpairindependence ofjudgment in, or faithful performanceof, official duties. (3)Disclosure and Consent. It is a violation of this Articlefor the Department Headsto accept employment from any Personother than the Citywithout first disclosing the prospective employment arrangement in writing to the City Manager and receiving the CityManager’s written consent. (4)Disclosure and Consent-Others.It is a violation ofthis Articlefor the City Manager, City Attorney, or Municipal Court Judgeto accept employment from any Personother than the Citywithout first disclosing the prospective employment arrangement in writing to the Mayorand receiving the Mayor’s written consent. (d)Representation of Others. (1)Current City Officials.It shall be a violation of this Articlefor a City Official torepresent for compensation any person, group, or entity before the City.For purposes of this subsection, the term compensation means money or any other thing of value that is received, or is to be received, in return for or in connection with such representation. (2)Former City Officials.It shall be a violation of this Articlefor a City Officialto represent for compensation any person, group, or entity before the Cityfor a period of two (2) years after termination of official duties. For purposes of this subsection, the term compensation means money or any other thing of value that is received, or is to be received,in return for or in connection with such representation.The prohibition in this subsection solely applies to the Former City Official, and shall not be construed to apply to other Persons. (e)Improper Influence.It shall be a violation of this Articlefor aCity Officialto use such person's officialtitle/positionto: (1)secure special privileges or benefits for such person or others; (2)grant any special consideration, treatment or advantage to any citizen, individual, business organization or group beyond thatwhich is normally available to every other citizen, individual,business organization or group; (3)assertthe prestigeofthe official'sor employee'sCityposition forthe purpose of Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 11 advancing or harming privateinterests; (4)stateorimplythatthe City OfficialisabletoinfluenceCityactiononanybasis otherthanthemerits;and (5)state or imply to state or local governmental agencies that the City Officialis acting as a representative of the City, as an organization, or as a representative of the CityCouncil without first having been authorized by the CityCouncil to make such representation(except the Mayor, City Manager, and City Attorney). (f)Misuse of Information. (1)Personal Gain.It shall be a violation of this Articlefor aformer City Officialto use any confidential information to which the City Official had access by virtue of theirofficial capacityand which has not been made public concerning the property, operations, policies, or affairs of the City, to advance any personal or private financial interestof any Person. (2)Confidential Information.It shall be a violation of this Articlefor aCity Official tointentionally,knowingly,orrecklesslydiscloseanyconfidentialinformation gainedbyreasonofthe CityOfficial'spositionconcerningtheproperty, operations,policiesor affairsof the City. This rule doesnot prohibitthe reporting ofillegalorunethicalconductto authoritiesdesignated bylaw. (g)Abuse of Resources.It shall be a violation of this Articlefor a City Officialto use, request, or permit the use of Cityfacilities, personnel, equipment, software, supplies, or staff timefor private purposes (including political purposes), exceptto the extent and according to the terms that those resources are generally available to other citizens and the CityOfficialsfor official Citypurposes. (h)Abuse of Position.It shall be a violation of this Articlefor any City Officialto: (1)Harassment & Discrimination.Use the Official's position to harass or discriminate againstany person based upon ethnicity, race, gender, gender identity, sexual orientation, marital status, parental status, or religion. (2)Interference.Interfere with any criminal or administrative investigation alleging the violation of any provision of this Article, the CityCharter, administrative policy or executive order in any manner, including but not limited to seeking to persuade or coerce Cityemployees or others to withhold their cooperation in such investigationis a violation of this Article. (i)Subsequent Work on Prior Projects. It shall be a violation of this Article for any former City Official,within two (2) years of the cessation of official duties for the City, toperform work on a compensated basis relating to a City contractor arrangement for the provision of goods, services, real property or other things of value, if while in City service the former City Official personally and substantially participated in the negotiation, award or administration of the contractor other arrangement. DIVISION 3.IMPLEMENTATION Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 12 Sec. 3-114.Staffing (a)City Auditor. The City Auditor’s Office shall be responsible to provide staff and clerical support to the Board of Ethicsto assist in the implementation and enforcement of this Article. The degree of support required shall be at the discretion of the City Auditor.Nothing herein creates a duty for the City Auditor to enforce this Article. (b)Conflicts Log.The City Auditor’s Office shall, in cooperation with the City Secretary’s Office,maintain a Conflicts Log on an ongoing basis listing the Conflicting Interests disclosed by City Officials in accordance with this Article.The log is a public record. The City Auditor is neither authorized nor required to inspect or act upon the content of the Conflicts Log. (c)City Manager. If a Complaint accuses the City Auditor of violating this Article, the duties of the City Auditor under this Article shall be performed by the City Managerfor purposes of processing that Complaint. Sec. 3-115.LegalCounsel (a)CityAttorney.The CityAttorney shall provide legal support to the Board of Ethics. (b)Special Counsel.Independent, outside legal services shall be engaged by the City Attorney on the City’s behalf to provide legal support to the Board of Ethicswhen: (1)in the CityAttorney’s discretion it is necessary in order to comply with the Texas Disciplinary Rules of Professional Conduct (for lawyers), or is in the best interest of the City; or (2)when the CityCouncil deems Special Counsel is necessary. Sec. 3-116.Training (a)Curriculum.TheCity Auditorshall approve a training program that provides an introduction and overview of the expectation, mandates and prohibitions provided for by this Article. (b)Orientation.City Officials shall complete atraining session regarding this Article within ninety (90) days of commencing theofficial duties. (c)Annual.City Officials shall complete an annual training session regarding this Article. (d)Exiting Officials.Informationshall be provided to City Officialsterminating their City service regarding the continuing restrictions onthe representation of others bycertain former City Officials. Sec. 3-117.Board of Ethics (a)Creation.There is hereby created a Board of Ethicsfor the Cityof Denton. (b)Appointment. The Board of Ethicsshall beappointed by majority vote of theCity Council. Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 13 (c)Number.The Board of Ethicsshall consist of seven (7)regular members. (d)Terms. Board of Ethicsmembers (regular and alternates) shall be appointed for two (2) year, staggeredterms.Members may be reappointed for successive terms. Appointment to fill a vacancy shall be for the remainder of the unexpired term.Members of the inaugural Board of Ethics shall draw straws to determine which three (3) members shall receive an initial term of one (1) year in order to stagger terms. In total, members may only serve three (3) terms. (e)Eligibility.Membership on the Board of Ethicsis limited to residents of the Cityof Denton. Preference in appointments shall be given to professionals such as attorneys, architects, engineers, doctors, teachers, pastors,mediators, retired jurists, licensed professional counselors, and those with licenses demonstrating high levels of education or master craftsmanship in the building trades. The Board shall be comprised of at least three (3) members who are attorneys or retired jurists. (f)Ineligibility. The followingshall disqualify a personfrom serving on the Board of Ethics: (1)current service as aCity Official; (2)separation from cityserviceas a City Officialwithin two (2) years of the appointment; rd (3)familial relations within the third (3)degree of affinity (marriage) or consanguinity (blood or adoption); (4)current service as an elected official in Denton County; and / or (5)conviction of a felony, or crime of moral turpitude. (g)Alternates.Alternate members of the Board of Ethicsshall attend meetings only upon request by the City Auditor’s Office. The role of an alternate is to participate in meetings of the Board of Ethicsas a replacement for a regular member who is absent or abstaining. (h)Scope of Authority.TheBoard of Ethic’s jurisdiction shall be limited to implementation and enforcement of this Article. (i)Amendments.The Board of Ethicsmay recommend amendments to this Article. A recommendation from the Board of Ethicsis not required for the CityCouncil to exercise its discretion in amending this Article. (j)Officers.At the first meeting of each fiscal year the Board of Ethics shall select from among its members a Chairperson and Vice-Chairperson. (k)Rules of Procedure: The Board of Ethicsshall adopt rules of procedure governing how to conduct meetings and hearings. Such procedural rules are subject to confirmation or modification by theCityCouncil. Sec. 3-118.Advisory Opinions Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 14 (a)Requests.Any City Officialmay request an Advisory Opinion on a question of compliance with this Article.Requests shall be submitted in writing to the City Auditor, who shall assign the request to a Panel. (b)Issuance.APanel of the Board of Ethicsshall issue Advisory Opinions upon request. Advisory Opinions shall be issued within thirty (30) days of receipt of the request. (c)Reliance.It shall be an affirmative defense to a Complaintthat the Accused relied upon an Advisory Opinion. In making a determination on the proper disposition of a Complaint, the Board of Ethicsmay dismiss the Complaintif the Board finds that: (1)the Accusedreasonably relied in good faith uponan Advisory Opinion; (2)the request for an Advisory Opinion fairly and accurately disclosed the relevant facts; and (3)less than five (5) years elapsed between the date the Advisory Opinion was issued and the date of the conduct in question. Sec. 3-119.Complaints (a)Complainants.Any person who has first-hand knowledge that there has been a violation of Sections 3-112 and 3-113 of this Articlemay allege such violationsby submittingaComplaint.The persons who may submit Complaints includes (but is not limited to) the City Auditorand members of the Board of Ethics. (b)Form. Complaints shall be written on, or accompanied by, a completed form promulgated by the City Auditor. (c)Contents. AComplaintfiledunder thissection must beinwritingandunder oathand must setforthinsimple,concise, direct statements and must state: (1)the name of the Complainant; (2)thestreetormailingaddress, email address,and thetelephone number ofthe Complainant; (3)thename ofeachperson Accusedof violating this Article; (4)thepositionortitleofeachpersonAccusedof violating this Article; (5)thenatureoftheallegedviolation,including(wheneverpossible)thespecific provisionofthisArticlealleged to have been violated; (6)astatementofthefactsconstitutingtheallegedviolationandthedatesonwhich orperiodoftimein which the alleged violation occurred; and (7)all documents or other material available to theComplainant that are relevant to the allegation. (d)ViolationAlleged.TheComplaintmust state on its face an allegation that, if true, constitutes a violation of this Article. Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 15 (e)Affidavit. AComplaintmust be accompaniedby an affidavitstating thatthe Complaint is trueand corrector thatthe Complainanthasgood reason to believe and doesbelieve thatthefactsallegedconstituteaviolation ofthis Article.The Complainantshallswear tothefactsbyoathbeforeaNotaryPublicorotherpersonauthorized bylawto administer oathsunder penalty of perjury. (f)Limitations Period. To be accepted, a Complaintmust be brought within six (6) months of the Complainantbecoming aware of the act or omission that constitutes a violation of this Article. A Complaintwill not be accepted more than two (2) years after the date of the act or omission. (g)Filing. Complaints shall be submitted to the City Auditor. Submission of Complaints may be made by hand delivery, by U.S. Mail, or emaildirected to an email address publicly listed by the City Auditor. (h)Acceptance of Complaint.Within five (5) business days of receivingaComplaint,the City Auditorshall determineif it isadministrativelycomplete, and timely. (1)Administratively Complete.AComplaintis administratively complete if it contains the information described above. If the Complaintis administratively complete, the City Auditorshall proceed as described in this Article. If the Complaintis incomplete the City Auditorshallsend a written deficiency notice tothe Complainant identifying therequired information that was not submitted. The Complainant shall have ten (10) business daysafter the date the City Auditorsends a deficiency notice to the Complainant to provide the required information to the City Auditor, or the Complaintis automatically deemed abandoned and may not be processed in accordance with this Article.Within five (5) business days of aComplaintbeing abandoned, theCity Auditorshall send written notification to the Complainant and the Accused. (2)Timely.To be timely, a Complaintmust be brought within six (6) months of the Complainant becoming aware of the act or omission that constitutes a violation of this Article. A Complaintwill not be accepted more than two (2) years after the date of the act or omission. (i)Notification of Acceptance. Within five (5) business days of determining that a Complaintis administratively complete, the City Auditorshall send awritten notification of acceptance tothe Complainant, the Accused,and the CityAttorney. For purposes of this provision, a Complaintshall be considered Accepted when the City Auditorhas deemed the submittal administratively complete, and timely. (j)Confidentiality.AComplaintthat has been submitted to the Cityis hereby deemed confidential until such time as the Complaintis either dismissed or placed on an agenda for consideration by the Board of Ethicsin accordance with this Article.Clerical and administrative steps shall be taken to identify and manage confidential information in accordance with this Article. Theconfidentiality created by this Articleincludes the fact that a Complaintwas submitted and the contents of that Complaint.It shall be a violation of this Articlefor aCity Officialtopublicly discloseinformation relating to Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 16 the filing or processing of a Complaint, except as required for the performance of official duties or as required by law.RequestsforrecordspertainingtoComplaints shallberespondedtoincompliancewiththeState law. The limited confidentiality created by this Articleis limited in scope and application by the mandates of the Texas Public Information Act, Chapter 552 of the Texas Government Code. (k)Ex Parte Communications. After aComplainthasbeen filedandduringthependency of a Complaintbefore the Board of Ethics, it shall be a violation of this Article: (1)fortheComplainant,theAccused,oranypersonactingontheirbehalf,to engageorattempttoengagedirectlyorindirectlyaboutthesubjectmatteror meritsofaComplaintinexpartecommunicationwith a memberof theBoard of Ethicsorany knownwitness to the Complaint; or (2)foraMemberoftheBoard of Ethics,toknowinglyallowanexparte communicationaboutthesubjectmatterormeritsofaComplaint,orto communicateaboutanyissueoffactorlaw relatingtotheComplaintdirectlyor indirectlywithanypersonotherthanaMemberoftheBoard of Ethics, the City Auditor’s office,the CityAttorney'soffice, or Special Counsel. Sec. 3-120.Preliminary Assessment (a)Referral to Chairperson. Accepted Complaint(s)shall be referred to the Chairperson of the Board of Ethicswithin five (5) business days of being determined administratively complete. (b)Assignment of Panel. Within five (5) business days of receiving an Accepted Complaint, the Chairperson of the Board of Ethicsshall assign the Complaintto a Panel for Preliminary Assessment.The Chairperson shall order a meeting of the Panel, which shall be conducted in compliance with the Texas Open Meetings Act. Each Panel shall select a Presiding Officer to conduct Panel deliberations. (c)Panel Determination. Within ten (10) business days of being assigned an Accepted Complaint, the Panel shall review the Complainton its face anddetermine whether the Complaintis: (1)Actionable:the allegations and evidence contained in the Complaint, if true, would constitute a violation of this Article. (2)Baseless:the allegations and evidence contained in the Complaint, if true, would not constitute a violation of this Article. Actionable Complaints shall be returned to the Chairperson for listing on an agenda for a public hearing. Baseless Complaints shall be dismissed. Written notification of the Panel’s determination shall be filed with the City Auditorand sent to the Chairperson, Complainant,the Accused, and the CityAttorneywithin two (2) business days. Written notifications of dismissal shall include notice of the right to appeal. (d)Appeals. APanel’spreliminary assessment under this Section 3-120may be appealed to the Board of Ethicsby either the Complainant or the Accused, as applicable. An Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 17 appeal shallbe perfected by filing a written notice of appeal with the City Auditor within ten (10) business days of the date of the written notification. Sec. 3-121.Meetings (a)CallingMeetings.Meetings of theBoard of Ethicsshall be called upon request of the Chairperson, three(3) members, or the City Auditor. (b)Quorum. The quorum necessary to conduct meetings of the Board of Ethicsshall be four (4).The Chairperson (or acting chairperson) shall count toward the establishment of a quorumand retains the right to vote. (c)Hearings: (1)Scheduling:Hearingsshall be scheduledby the City Auditorupon the filing of: (A)aPanel determination that a Complaintis Actionable; or (B)an Appeal challenging a Panel’s dismissal of a Complaintas Baseless. (2)Purpose:The purposeof the hearing(s) shall be solely to determinewhether: (A)a violation of this Articleoccurred, and if so to assess the appropriate sanction; (B)an Accepted Complaintwas erroneously dismissed as Baseless by a Panel; and/ or (C)an Accepted ComplaintisFrivolous. (3)Sworn Testimony:Allwitness testimony provided to the Board of Ethicsshall be under oath. (4)Burden of Proof:Because the burden of showing that a violation of this Article occurred is placed on the Complainant, it is the Complainant that has the obligation to put forth evidence, including testimony, supporting the Complaint. The Complainant is required to testify at the hearing. A Complainant’s failure to testify at a hearing shall be grounds for dismissal of a Complaint. (5)Representation:The Accused shall have a right to present a defense. Both the Complainant and the Accuser have a right to be represented by legal counsel. (d)Open Meetings. All meetings and hearings of the Board of Ethics, including Panel deliberations,shall be conducted pursuant to the Texas Open Meetings Act. The Board of Ethicsmay convene in Executive Session (i.e., conduct a closed meeting) as allowed by the Act. All final actionsof the Board of Ethics shall take place in open session. (e)Postponement in Certain Instances. (1)Proceedings may be postponed upon majority vote by themembers of the Board of Ethics. Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 18 (2)The Complainant and the Accused are each entitled to one (1) postponement without cause. Additional postponements shall be solely for good cause and at the discretion of the Board of Ethics. (3)If a Complaintalleges facts that are involved in a criminal investigation or a criminal proceeding before a grand jury or the courts, the Board of Ethicsmay, when a majority of its members deem appropriate, postpone any hearing or any appeal concerning the Complaintuntil after the criminal investigation or criminal proceedings are terminated. Sec. 3-122.Disposition (a)Dismissal.IftheBoard of Ethicsdeterminesattheconclusionofahearingby simple majority vote of its members thataComplaintshould be dismissed, it may do so upon finding: (1)the Complaintis Baseless; (2)the alleged violation did not occur; (3)the Accused reasonably relied in good faith upon an Advisory Opinion, as provided in this Article;or (4)the Complainant failed to testify at the hearing. (b)Sanctions.IftheBoard of Ethicsdeterminesattheconclusionofahearingthata violationhasoccurred,it maywithin ten (10) business daysimpose or recommendany of the following sanctions: (1)LetterofNotification.Iftheviolationisclearlyunintentional,orwhenthe Accuser'sactionwasmadeinrelianceonawrittenopinionoftheCityAttorney. Aletterofnotificationshalladvise theAccusedof any stepsto be taken to avoid future violations. (2)LetterofAdmonition.IftheBoard of Ethicsfindsthattheviolationisminor andmayhavebeenunintentional,but calls for a moresubstantial responsethan a letter of notification. (3)Letter of Reprimand.If the Board of Ethicsfinds that the violation: (A)wasminorandwascommittedknowingly,intentionallyorindisregard ofthisArticle; or (B)was seriousandmayhave beenunintentional. (4)RecommendationofSuspension.IftheBoard of Ethicsfindsthataviolation was committed by a Member of the Planning & Zoning, or Zoning Board of Adjustment,or a Department Head, and it: (A)wasseriousandwascommittedknowingly,intentionallyorindisregardof thisArticleorastate conflict of interest law; or Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 19 (B)wasminorbutsimilartoapreviousviolationbythePerson,andwas committedknowingly,intentionally orin disregardof thisArticle. Thefinal authority to impose a suspensionrests with theCity Council. (5)Ineligibility. If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year. Notice of all sanctions imposed by the Board of Ethicsshallbetransmittedto the Accused, Complainant, City Auditor,CityAttorney, and CityCouncil. (c)Frivolous. (1)Prohibition.Itis a violation of this Articlefor a Personto submit a Frivolous Complaint. (2)Super-Majority Vote.IftheBoard of Ethicsdeterminesattheconclusionofa hearingby a vote of two-thirds (2/3) of its Membersthat a Complaintwas Frivolous, the Board mayimpose a sanctionas provided by Section 3-122(b). (3)Factors. In making adeterminationon frivolity, the Board of Ethicsshall consider the following factors: (A)thetimingoftheswornComplaintwithrespecttowhenthefacts supportingtheallegedviolationbecameknownorshouldhavebecome knowntotheComplainant,andwithrespecttothedateofanypending electioninwhichtheAccusedisaCandidateorisinvolvedwitha candidacy,ifany; (B)thenatureandtypeofanypublicitysurroundingthefilingofthe swornComplaint,andthedegreeofparticipationbytheComplainantin publicizingthefactthataComplaintwasfiled; (C)theexistenceandnatureofanyrelationshipbetweentheAccusedandthe ComplainantbeforetheComplaintwasfiled; (D)iftheAccusedisaCandidateforElectiontoOffice,theexistence andnatureofanyrelationshipbetweentheComplainantandany CandidateorgroupopposingtheAccused; (E)anyevidencethattheComplainantkneworreasonablyshouldhave knownthatthe allegationsintheComplaintweregroundless;and (F)anyevidenceoftheComplainant'smotivesinfilingtheComplaint. (4)External Remedies. Complainants who submit Frivolous Complaints are hereby notified that their actions may subject them to criminal prosecution for perjury (criminal prosecution),or civil liability for the tortsof defamation or abuse of process. Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 20 Sec. 3-123.Reconsideration TheComplainantorAccusedmayrequestthe Board of Ethicstoreconsideritsdecision.The requestmustbe filed withtheCity Auditorwithinfive(5)businessdaysofreceivingthefinal opinionoftheBoard of Ethics.The request for reconsideration shall be sent to the Chairperson of the Board of Ethicsand the non-filing party (Complainant or Accused). If the Chairpersonfinds, in the Chairperson’s sole discretion, that the request includes new evidence that was not submitted at a prior hearing, and that the new evidence bears directly on the Board of Ethic’s previous determination, the Chairpersonshall schedule a hearing on the request for reconsideration to occur withinthirty(30)businessdaysafterfilingwiththeCity Auditor.Absent new evidence, the Chairperson shall unilaterally dismiss the request for reconsiderationand provide to the Parties. Sec. 3-124.General Procedural Matters (a)Deadlines. Any deadline provided in this Article shall be construed as expiring at 5:00 p.m. local time on the last day. (b)Mailbox Rule.___________ Sec. 3-125.Lobbyists\[reserved\] Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 21 L.A.R.I.A.T. a Ethics Ordinance Worksheet: Module #6 – Redlined Draft a City of Denton’s Code of Ethics City Council Work Session Tuesday, March 20, 2018 Public Hearing: Draft “B” Ethics Ordinance Bojorquez Law Firm, PC © Worksheet: Module #6 March 20, 2018 for the City of Denton, Texas Draft “B” of the Code of Ethics page 1 EDITOR’S NOTES: 1.Draft Document: The following material represents a rough draft-in-progress, which was prepared for discussion purposes; only, and is subject to modification following public notice and public hearings. Specific language will not be considered final until duly approved by a majority of the City Council at a properly-posted public meeting. 2.Training:Prior to commencing the drafting process, the City Council completed two (2) hours of formal training on state ethics laws and common components of municipal ethics policies in Texas. 3.Broad Sampling:The contents of this draft was selected from a sampling of more than nineteen (19) municipal ethics policies from across Texas. 4.Consensus:This document represents the consensus of preferences expressed by the City Council over a period of five (5) public work sessions, which were broadcasted. Altogether, the work sessions exceeded thirteen (13) hours of deliberations. 5.Best Practices:Where there were gaps or omissions in the feedback or direction provided by the City Council thus far, the editor inserted recommendations that reflect Best Practices in the field of Municipal Ethics, solely at the editor’s discretion. 6.Applicability:This Code of Ethics was drafted to apply to the Mayor, City Council, P&Z, ZBA, Department Heads appointed by the City Council, and Vendors. It is anticipated that a similar set of rules will be adopted subsequently for other employees. 7.Codification:It is anticipated that certain non-substantive, grammatical and formatting edits will be made after (or just before) final adoption to make the Code of Ethics consistent with the broader Code of Ordinances. Alan Bojorquez Consulting Ethics Advisor & Attorney at Law Bojorquez Law Firm, PC © Worksheet: Module #6 March 20, 2018 for the City of Denton, Texas Draft “B” of the Code of Ethics page 2 TABLE OF CONTENTS DIVISION 1. GENERAL ............................................................................................................... 4 Sec. 3-105. Authority ...................................................................................................................... 4 Sec. 3-106. Purpose ......................................................................................................................... 4 Sec. 3-107. Prospective…………………………………………………………………………….4 Sec. 3-108. Applicability ................................................................................................................. 5 Sec. 3-109. Definitions .................................................................................................................... 5 Sec. 3-110. Cumulative & Non-Exclusive ...................................................................................... 7 DIVISION 2. RULES OF CONDUCT ......................................................................................... 7 Sec. 3-111. Expectations ................................................................................................................. 7 Sec. 3-112. Mandates ....................................................................................................................... 8 Sec. 3-113. Prohibitions ................................................................................................................... 8 DIVISION 3. IMPLEMENTATION .......................................................................................... 13 Sec. 3-114. Staffing ....................................................................................................................... 13 Sec. 3-115. Legal Counsel ............................................................................................................. 13 Sec. 3-116. Training ...................................................................................................................... 13 Sec. 3-117. Board of Ethics ........................................................................................................... 13 Sec. 3-118. Advisory Opinions ...................................................................................................... 15 Sec. 3-119. Complaints .................................................................................................................. 15 Sec. 3-120. Preliminary Assessment ............................................................................................. 17 Sec. 3-121. Meetings ..................................................................................................................... 18 Sec. 3-122. Disposition .................................................................................................................. 19 Sec. 3-123. Reconsideration .......................................................................................................... 21 Sec. 3-124. General Procedural Matters ........................................................................................ 21 Sec. 3-125. Lobbyists \[reserved\] ................................................................................................... 21 Bojorquez Law Firm, PC © Worksheet: Module #6 March 20, 2018 for the City of Denton, Texas Draft “B” of the Code of Ethics page 3 Draft “B” CITY OF DENTON CODE OF ORDINANCES CHAPTER 2: ADMINISTRATION ARTICLE XI. ETHICS DIVISION 1.GENERAL Sec. 3-105.Authority This Article is enacted pursuant to the authority granted to the City under Section __ of the Charter. Sec. 3-106.Purpose The purpose of this Article is to foster an environment of integrity for those that serve the City of Denton and our citizenry. The City Council enacted this Article in order to increase public confidence in our municipal government. It is the policy of the City that all City Officials and employees shall conduct themselves in a manner that assures the public that we are faithful stewards of the public trust. City Officials have a responsibility to the citizens to administer and enforce the City Charter and City Ordinances in an ethical manner. To ensure and enhance public confidence in our municipal government, each City Official must strive not only to maintain technical compliance with the principles of conduct set forth in this Article, but to aspire daily to carry out their duties objectively, fairly, and lawfully.Furthermore, this Article was enacted to ensure that decision makers provide responsible stewardship of City resources and assets. It is not the purpose of this Article to provide a mechanism to defame, harass or abuse their political opponents, or publicize personal grudges.Rather, this Article is intended to provide a framework within which to encourage ethical behavior, and enforce basic standards of conduct while providing due process that protects the rights of the Complainant and the Accused. Sec. 3-107.Prospective This Article shall apply prospectively, and shall not sustain any Complaints based on acts or omissions alleged to have taken place prior to adoption of this Article. Bojorquez Law Firm, PC © Worksheet: Module #6 March 20, 2018 for the City of Denton, Texas Draft “B” of the Code of Ethics page 4 Sec. 3-107.Sec. 3-108.Applicability This Article applies to the following persons: (a)City Officials.; (b)Former City Officials whose separation from city service occurred less than two (2) yearsagofrom the date of the alleged violation of this Article.; Application of this Article to Former City Officialsshall be limited to alleged violations: (1)that occurred during the term as a City Official; (2)of the prohibition on representing others for compensation (§3-112(d)(2)); or (3)of the prohibition of subsequent work on prior projects (§3-112(h)). (c)Vendors; and (d)Complainant(s). Sec. 3-108.Sec. 3-109.Definitions The following words, terms and phrases, when used in this chapterArticle, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accepted Complaint: a sworn allegation of a violation of this Article after the required documentation has been submitted to the City Auditor and determined to be administratively complete. Accused: a City Official who has been charged in a Complaint with having violated this Article. Actionable Complaint: an Accepted Complaint that has been deemed by a Panel to contain allegations and evidence that, if accepted as true, would support a finding that a violation of this Article occurred. Advisory Opinions:written rulings regarding the application of this Article to a particular situation or behavior. Article: the Code of Ethics for the City of Denton. Baseless Complaint: a Complaint that does not allege conduct that would constitute a violation of this Article, or that does not provide evidence that, if true, would support a violation of this Article. Board of Ethics: the oversight entity established by the Council to administer this Article. Bojorquez Law Firm, PC © Worksheet: Module #6 March 20, 2018 for the City of Denton, Texas Draft “B” of the Code of Ethics page 5 Candidate: a person who has filed an application for a place on a ballot seeking public office, or one who has publicly announced the intention to do so. Charged: to be charged with a violation of this Article is to have an Accepted Complaint deemed Actionable. City: the City of Denton in the County of Denton and State of Texas. City Auditor:the person appointed to serve in the capacity provided for by Section 6.04 of the CodeCity Charter, or their designee and clerical staff acting in the City Auditor’s absence. City Official: for purposes of this Article, the term consists of the Council Members, City Manager,City Secretary, City Attorney, Chief of Police, Department Heads, Planning and Zoning Commission Members, and Board of Adjustment Members. Code:the Code of Ordinances of the City of Denton, Texas, as such Code may be amended from time to time. Complainant: the human individual who submitted a Complaint to the City. Complaint: written documentation submitted to the City accusing a City Official of violating this Article. Confidential Information: any written information that could or must be excepted from disclosure pursuant to the Texas Public Information Act, if such disclosure has not been authorized; or any non-written information which, if it were written, could be excepted from disclosure under that Act, unless disclosure has been authorized by the City Council or City Manager. Council:the governing bodyof the City of Denton, Texas, including the Mayor and City Council Members. Department Heads:the employees appointed by the City Council, those being the City Manager, City Secretary, City Attorney, City Auditor, and Municipal Court Judge. Chief of Police, Fire Chief, and those other persons employees designated appointed by the City Council under the Code. Former City Official: a City Official whose separation from city service occurred less than two (2) years from the date of an alleged violation of this Article. Frivolous Complaint: a sworn Complaint that is groundless and brought in bad faith or groundless and brought for the purpose of harassment. Bojorquez Law Firm, PC © Worksheet: Module #6 March 20, 2018 for the City of Denton, Texas Draft “B” of the Code of Ethics page 6 Interfere: a person interferes with a process or activity pertaining to this section when they intentionally and wrongfully take part in, or prevent, a City process or activity from continuing or being carried out properly or lawfully. Panel: an ad hoc subcommittee of the Board of Ethics consisting of three (3) members assigned by the Chairperson or designated by the City Auditor (as applicable) on a rotating basis, at least one (1) of which is an attorney or retired jurist. Person: associations, corporations, firms, partnerships and bodies politic and corporate, as well as to individuals. Recklessly: a person acts recklessly when they are aware of but consciously disregard a substantial and unjustifiable risk that a certain result is probable from either their conduct, or in light of the circumstances surrounding their conduct. The risk must be of such a nature and degree that to disregard it constitutes a gross deviation from the standard of care that an ordinary person would exercise under the circumstances. Shall:a mandatory obligation, not a permissive choice. Special Counsel: an independent, outside attorney engaged by the City to advise the City as an organization and/or the Board of Ethics. Vendor: a person who provides or seeks to provide goods, services, real property to the City in exchange for compensation. Sec. 3-109.Sec. 3-110.Cumulative & Non-Exclusive This Article is cumulative of and supplemental to all applicable provisions of the City Charter, other City Ordinances, and State/Federal laws and regulations. Compliance with this Article does not excuse or relieve any person from any obligation imposed by any other Rule. Attempts to enforce this Article shall be construed as foreclosing or precluding other enforcement options provided by other law. Bojorquez Law Firm, PC © Worksheet: Module #6 March 20, 2018 for the City of Denton, Texas Draft “B” of the Code of Ethics page 7 DIVISION 2.RULES OF CONDUCT Sec. 3-110.Sec. 3-111.Expectations The following list conveys the City Council’s expectations for City Officials. These expectations are aspirational, and shall not serve as the basis for a Complaint. (a)City Officials are expected to conduct themselves in a manner that fosters public trust. (b)City Officials are charged with performing their public duties in a way that projects their own personala high level of personal integrity and upholds the integrity of the organization. (c)City Officials must avoid behavior that calls their motives into question and erodes public confidence. (d)City Officials shall place the municipality’s interests and the concerns of those the City serves above private,personal, individual interests. (e)Those who serve the City are expected to value honesty, trustworthiness, diligence, objectivity, fairness, due process, efficiency, and prudence as values the City professes. (f)City Officials must balance transparency with the duty to protect personal privacy and preserve the confidential information with which the City has been entrusted. (g)It is neither expected nor required that those subject to this Article relinquish or waive their individual rights. Sec. 3-111.Sec. 3-112.Mandates (a)Duty to Report.City Officials shallimmediatelyreport any conduct that the person knowsto be a violation of this Article. Failure to report aviolation of this Chapter Articleis a violation of this Article.For purposes of this section, submittal of a Complaint or a reportmade to the Fraud, Waste or Abuse hotline shall beconsidered to be a report under this Section. A report to the hotline may remain anonymous unless disclosed by the caller. (b)Financial Disclosures. All Candidates for City Council, including Candidates for Mayor, shall file financial information reports as required by, and in accordance with, State law. All prospective Vendors and City Officials shall file disclosure forms as required by, and in accordance with, State law. Sec. 3-112.Sec. 3-113.Prohibitions (a)Conflicts of Interest. Bojorquez Law Firm, PC © Worksheet: Module #6 March 20, 2018 for the City of Denton, Texas Draft “B” of the Code of Ethics page 8 (1)Deliberation Prohibited. It shall be a violation of this Code for a City Official to knowingly deliberate regarding a pending matter for which the City Official has a Conflicting Interest. City Officials with a Conflicting Interest in a pending matter must recuse themselves and abstain from Deliberations. It is an exception to this recusal requirement if the City Official serves on the City Council, Planning and Zoning Commission, or Board of Adjustment; and a majority of the Board or Commission on which the City Official servesmembers of that body is composed of persons who are likewise required to file (and who do file) disclosures on the same pending matter. (2)Disclosure Required. If a City Official has a cConflictingiInterest in a pending matter, the City Official shall disclose the nature of the cConflictingiInterest by filing a sworn statement with the City Auditor. Disclosures under this subsection shall be for the time period, including the previous calendar year, and up to date where the Conflicting Interest arises before the City Official. (3)Definitions.For purposes of this Article, these terms are defined as follows: (A)Business Entity: a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, political subdivision, government agency, university, or any other entity recognized by law. (B)Conflicting Interest: a stake, share, equitable interest or involvement in an undertaking in the form of any one (1) or more of the following: (1)ownership of five percent (5%) or more voting shares or stock in a business entity; (2)receipt of more than six-hundred dollars ($600.00) in gross annual income from a business entity; (3)ownership of more than six-hundred dollars ($600.00) of the fair market value of a business entity; (4)ownership of an interest in real property with a fair market value of more than six-hundred dollars ($600.00); (5)serves on the Board of Directors or as an Officer of a business entity, unless the City Official was appointed to that position by the City Council; and/or (6)serves on the Board of Directors or as an Officer of a nonprofit corporation or an unincorporated association, unless the City Official was appointed to that position by the City Council. A City Official is considered to have a Conflicting Interest if the City Official’s relative has a conflicting interest. Bojorquez Law Firm, PC © Worksheet: Module #6 March 20, 2018 for the City of Denton, Texas Draft “B” of the Code of Ethics page 9 The term Conflicting Interest does not include ownership of an interest in a mutual or common investment fund that holds securities or assets unless the City Official participates in the management of the fund. (C)Deliberations: discussions at the dais;, voting as a Member of the Board or Commission;, presentations as a member of the audience before any City Board or Commission;, conversing to or corresponding with other City Officials or staff.This term does not apply to a general vote on a broad, comprehensive or omnibus motion, such as approval of the City budget. rd (D)Relative: a family member related to a City Official within the third (3) one (1) degree of affinity (marriage) or consanguinity (blood or adoption). (E)Pending Matter: an application seeking approval of a permit or other form of authorization required by the City, State or Federal law; a proposal to enter into a contract or arrangement with the City for the provision of goods, services, real property or other things of value; a case involving the City that is (or is anticipated to be) before a civil, criminal or administrative tribunal. (b)Gifts. (1)General. It shall be a violation of this Article for a City Official to accept any gift that might reasonably tend to influence such Officer in the discharge of official duties. (2)Specific.It shall be a violation of this Article for a City Official to accept any gift for which the fair market value is greater than fifty dollars ($50.00) or greater. It shall be a violation of this Article for a City Official to accept multiple gifts from a single source for which the cumulative fair market value exceeds two-hundred dollars ($200.00) in a single fiscal year. (3)It shall be a violation of this Article for a Vendor to offer or give a Gift to a City Official exceeding fifty dollars ($50.00) per gift, or multiple gifts cumulatively valued at more than two-hundred dollars ($200.00) per a single fiscal year. (4)Definition of Gift. Anything of monetary value, such asincluding but not limited to cash, the extension of credit, personal property, real property, services, meals, entertainments, and travel expenses. (5)Exceptions. This definition shall not apply to the following, which are allowed under this Article: (A)a lawful campaign contribution; (B)meals, lodging, transportation, entertainment, and related travel expenses paid for (or reimbursed by) the City in connection with the City Official’s Bojorquez Law Firm, PC © Worksheet: Module #6 March 20, 2018 for the City of Denton, Texas Draft “B” of the Code of Ethics page 10 attendance at a conference, seminar or similar event, or the coordinator of the event; (C)meals, lodging, transportation, or entertainment furnished in connection with public events, appearances or ceremonies related to official City business,or charity functions, or community events, if furnished by the sponsor of such publicevents; (D)complimentary copies of trade publications and other related materials; (E)attendance at hospitality functions at local, regional, state or national association meetings and/or conferences; (F)any gift which that would have been offered or given to the City Official because of a personal, familial, professional relationship regardless of the City Official’s capacity with the City; (G)tee shirts, caps and other similar promotional material; (H)complimentary attendance at political or charitable fund raising events. (6)Donations. It is not a violation under this Article for a City Official to accept a Gift prohibited by this Article on behalf of the City of Denton. Conveyance of a Gift prohibited by this Article to the City of Denton or a nonprofit corporation curesany potential violation. (c)Outside Employment. (1)Applicability of Section.This subsection applies to the following City Officials.: City Manager, City Secretary, City Attorney, Chief of Police, and Department Heads. (2)Prohibition.It is a violation of this Article for a City Official covered by this subsection to solicit, accept, or engage in concurrent outside employment which could reasonably be expected to impair independence of judgment in, or faithful performance of, official duties. (3)Disclosure and Consent.It is a violation of this Article for the City Officials covered by this subsectionDepartment Heads to accept employment from any Person other than the City without first disclosing the prospective employment arrangement in writing to the City Manager and receiving the City Manager’s written consent. (4)Disclosure and Consent- City ManagerOthers.It is a violation of this Article for the City Manager, City Secretary, City Attorney, or Municipal Court Judge to accept employment from any Person other than the City without first disclosing the prospective employment arrangement in writing to the Mayor and receiving the Mayor’s written consent. Bojorquez Law Firm, PC © Worksheet: Module #6 March 20, 2018 for the City of Denton, Texas Draft “B” of the Code of Ethics page 11 (d)Representation of Others. (1)Current City Officials. It shall be a violation of this Article for a City Official to represent for compensation any person, group, or entity before the City. For purposes of this subsection, the term compensation means money or any other thing of value that is received, or is to be received, in return for or in connection with such representation. (2)Former City Officials. It shall be a violation of this Article for a City Official to represent for compensation any person, group, or entity before the City for a period of two (2) years after termination of official duties. For purposes of this subsection, the term compensation means money or any other thing of value that is received, or is to be received, in return for or in connection with such representation.The prohibition in this subsection solely applies to the Former City Official, and shall not be construed to apply to other Persons. (e)Improper Influence. It shall be a violation of this Article for a City Official to use such person's official title/position to: (1)secure special privileges or benefits for such person or others; (2)grant any special consideration, treatment or advantage to any citizen, individual, business organization or group beyond that which is normally available to every other citizen, individual, business organization or group; (3)assert the prestige of the official's or employee's City position for the purpose of advancing or harming private interests; (4)state or imply that the City Official is able to influence City action on any basis other than the merits; and (5)state or imply to state or local governmental agencies that the City Official is acting as a representative of the City, as an organization, or as a representative of the City Council without first having been authorized by the City Council to make such representation (except the Mayor, City Manager, and City Attorney). (f)Misuse of Information. (1)Personal Gain. It shall be a violation of this Article for a former City Official or former Employee to use any confidential information to which theCity Official had access by virtue of his their official capacity and which has not been made public concerning the property, operations, policies, or affairs of the City, to advance any personal or private financial interest of any Person. (2)Confidential Information.It shall be a violation of this Article for a City Official to intentionally, knowingly, or recklessly disclose any confidential information gained by reason of said the City Official's or Employee's position concerning the property, operations, policies or affairs of the City. This rule does not prohibit the reporting of illegal or unethical conduct to authorities designated by Bojorquez Law Firm, PC © Worksheet: Module #6 March 20, 2018 for the City of Denton, Texas Draft “B” of the Code of Ethics page 12 law. (g)Abuse of Resources. It shall be a violation of this Article for a City Official to use, request, or permit the use of City facilities, personnel, equipment, software, supplies, or staff time for private purposes (including political purposes), except to the extent and according to the terms that those resources are generally available to other citizens and the City Council Officials for official City purposes. (h)Abuse of Position. It shall be a violation of this Article for any City Official to: (1)Harassment & Discrimination.Use the Official's position to harass or discriminate against any person based upon ethnicity, race, gender, gender identity, sexual orientation, marital status, parental status, or religion. (2)Interference.Interfere with any criminal or administrative investigation alleging the violation of any provision of this Article, the City Charter, administrative policy or executive order in any manner, including but not limited to seeking to persuade or coerce City employees or others to withhold their cooperation in such investigation is a violation of this Article. (i)Subsequent Work on Prior Projects.It shall be a violation of this Article for any former City Official, within two (2) years of the cessation of official duties for the City, to perform work on a compensated basis relating to a City contract or arrangement for the provision of goods, services, real property or other things of value, if while in City service the former City Official personally and substantially participated in the negotiation, award or administration of the contract or other arrangement. Bojorquez Law Firm, PC © Worksheet: Module #6 March 20, 2018 for the City of Denton, Texas Draft “B” of the Code of Ethics page 13 DIVISION 3.IMPLEMENTATION Sec. 3-113.Sec. 3-114.Staffing (a)City Auditor.The City Auditor’s Office shall be responsible to provide staff and clerical support to the Board of Ethics to assist in the implementation and enforcement of this Article. The degree of support required shall be at the discretion of the City Auditor. Nothing herein creates a duty for the City Auditor to enforce this Article. (b)Conflicts Log. The City Auditor’s Office shall, in cooperation with the City Secretary’s Office, maintain a Conflicts Log on an ongoing basis listing the Conflicting Interests disclosed by City Officials in accordance with this Article.The log is a public record. The City Auditor is neither authorized nor required to inspect or act upon the content of the Conflicts Log. (b)(c)City Manager.If a Complaint accuses the City Auditor of violating this Article, the duties of the City Auditor under this Article shall be performed by the City Manager for purposes of processing that Complaint. Sec. 3-114.Sec. 3-115.Legal Counsel (a)City Attorney. The City Attorney shall provide legal support to the Board of Ethics. (b)Special Counsel. Independent, outside legal services shall be engaged by the City Attorney on the City’s behalf to provide legal support to the Board of Ethics when: (1)in the City Attorney’s discretion it is necessary in order to comply with the Texas Disciplinary Rules of Professional Conduct (for lawyers), or is in the best interest of the City; or (2)when the City Council deems Special Counsel is necessary. Sec. 3-115.Sec. 3-116.Training (a)Curriculum.The City Auditor shall approve a training program that provides an introduction and overview of the expectation, mandates and prohibitions provided for by this Article. (b)Orientation. City Officials shall complete atraining session regarding this Article within ninety (90) days of commencing the official duties. (c)Annual. City Officials shall complete an annual training session regarding this Article. (d)Exiting Officials. Information shall be provided to City Officials terminating theirCity service regarding the continuing restrictions on the representation of others by certain former City Officials. Sec. 3-116.Sec. 3-117.Board of Ethics (a)Creation.There is hereby created a Board of Ethics for the City of Denton. Bojorquez Law Firm, PC © Worksheet: Module #6 March 20, 2018 for the City of Denton, Texas Draft “B” of the Code of Ethics page 14 (b)Appointment. The Board of Ethics shall be appointed by majority vote of the City Council. (c)Number. The Board of Ethics shall consist of seven (7) regular members. (d)Terms. Board of Ethics members (regular and alternates) shall be appointed for two (2) year, staggered terms. Members may be reappointed for successive terms. Appointment to fill a vacancy shall be for the remainder of the unexpired term. Members of the inaugural Board of Ethics shall draw straws to determine which three (3) members shall receive an initial term of one (1) year in order to stagger terms. In total, members may only serve three (3) terms. (e)Eligibility.Membership on the Board of Ethics is limited to residents of the City of Denton. Preference in appointments shall be given to professionals such as attorneys, architects, engineers, doctors, teachers, pastors, mediators, retired jurists, licensed professional counselors, and those with licenses demonstrating high levels of education or master craftsmanship in the building trades. The Board shall be comprised of at least three (3) members who are attorneys or retired jurists. (f)Ineligibility. The following shall disqualify a person from serving on the Board of Ethics: (1)current service as a City Official; (2)separation from city service as a City Official within two (2) years of the appointment; strd (3)familial relations within the first (1)third (3) degree of affinity (marriage), or st the first (1) degree of consanguinity (blood or adoption); (4)current service as an elected official in Denton County; and / or (5)conviction of a felony, or crime of moral turpitude. (g)Alternates. Alternate members of the Board of Ethics shall attend meetings only upon requested by the City Auditor’s Office. The role of an alternate is to participate in meetings of the Board of Ethics as a replacement for a regular member who is absent or abstaining. (h)Scope of Authority. TheBoard of Ethic’s jurisdiction shall be limited to implementation and enforcement of this Article. (i)Amendments. The Board of Ethics may recommend amendments to this Article. A recommendation from the Board of Ethics is not required for the City Council to exercise its discretion in amending this Article. (j)Officers. At the first meeting of each fiscal year the Board of Ethics shall select from among its members a Chairperson and Vice-Chairperson. (k)Rules of Procedure:The Board of Ethics shall adopt rules of procedure governing how to conduct meetings and hearings. Such procedural rules are subject to confirmation or modification by the City Council. Bojorquez Law Firm, PC © Worksheet: Module #6 March 20, 2018 for the City of Denton, Texas Draft “B” of the Code of Ethics page 15 Sec. 3-117.Sec. 3-118.Advisory Opinions (a)Requests.Any City Official may request an Advisory Opinion on a question of compliance with this Article. Requests shall be submitted in writing to the City Auditor, who shall assign the request to a Panel. (b)Issuance.A Panel of the Board of Ethics shall issue Advisory Opinions upon request. Advisory Opinions shall be issued within thirty (30) days of receipt of the request. (c)Reliance.It shall be an affirmative defense to a Complaint that the Accused reasonably reliedin good faith upon an Advisory Opinion. In making a determination on the proper disposition of a Complaint, the Board of Ethics may dismiss the Complaint if the Board finds that: (1)the Accused requested reasonably relied in good faith upon an Advisory Opinion; (2)the request for an Advisory Opinion fairly and accurately disclosed the relevant facts; and (3)less than five (5) years elapsed between the date the Advisory Opinion was issued and the date of the conduct in question. Sec. 3-118.Sec. 3-119.Complaints (a)Complainants.Any person who has first-hand knowledge that there has been a violation of Sections 3-112 and 3-113 of this Article may allege such violations by submitting a Complaint. The persons who may submit Complaints includes (but is not limited to) the City Auditor and members of the Board of Ethics. (b)Form.Complaints shall be written on, or accompanied by, a completed form promulgated by the City Auditor. (c)Contents.A Complaint filed under this section must be in writing and under oath and must set forth in simple, concise, direct statements and must state: (1)the name of the Complainant; (2)the street or mailing address, email address, and the telephone number of the Complainant; (3)the name of each person Accused of violating this Article; (4)the position or title of each person Accused of violating this Article; (5)the nature of the alleged violation, including (whenever possible) the specific provision of this Article alleged to have been violated; (6)a statement of the facts constituting the alleged violation and the dates on which or period of time in which the alleged violation occurred; and Bojorquez Law Firm, PC © Worksheet: Module #6 March 20, 2018 for the City of Denton, Texas Draft “B” of the Code of Ethics page 16 (7)all documents or other material available to the Complainant that are relevant to the allegation. (d)Violation Alleged. The Complaint must state on its face an allegation that, if true, constitutes a violation of this Article. (e)Affidavit.A Complaint must be accompanied by an affidavit stating that the Complaint is true and correct or that the Complainant has good reason to believe and does believe that the facts alleged constitute a violation of this Article. The Complainant shall swear to the facts by oath before a Notary Public or other person authorized by law to administer oaths under penalty of perjury. (f)Limitations Period. To be accepted, a Complaint must be brought within six (6) months of the Complainant becoming aware of the act or omission that constitutes a violation of this Article. A Complaint will not be accepted more than two (2) years after the date of the act or omission. (g)Filing.Complaints shall be submitted to the City Auditor. Submission of Complaints may be made by hand delivery, by U.S. Mail, or email directed to an email address publicly listed by the City Auditor. (h)Acceptance of Complaint.Within five (5) business days of receiving a Complaint, the City Auditor shall determine if it is administratively complete, and timely. (1)Administratively Complete.A Complaint is administratively complete if it contains the information described above. If the Complaint is administratively complete, the City Auditor shall proceed as described in this Article. If the Complaint is incomplete the City Auditor shall send a written deficiency notice to the Complainant identifying the required information that was not submitted. The Complainant shall have ten (10) business days after the date the City Auditor sends a deficiency notice to the Complainant to provide the required information to the City Auditor, or the Complaint is automatically deemed abandoned and may not be processed in accordance with this Article. Within five (5) business days of a Complaint being abandoned, the City Auditor shall send written notification to the Complainant and the Accused. (2)Timely.To be timely, a Complaint must be brought within six (6) months of the Complainant becoming aware of the act or omission that constitutes a violation of this Article. A Complaint will not be accepted more than two (2) years after the date of the act or omission. (i)Notification of Acceptance. Within five (5) business days of determining that a Complaint is administratively complete, the City Auditor shall send a written notification of acceptance to the Complainant, the Accused, and the City Attorney. For purposes of this provision, a Complaint shall be considered Accepted when the City Auditor has deemed the submittal administratively complete, and timely. Bojorquez Law Firm, PC © Worksheet: Module #6 March 20, 2018 for the City of Denton, Texas Draft “B” of the Code of Ethics page 17 (j)Confidentiality. A Complaint that has been submitted to the City is hereby deemed confidential until such time as the Complaint is either dismissed or placed on an agenda for consideration by the Board of Ethics in accordance with this Article. Clerical and administrative steps shall be taken to identify and manage confidential information in accordance with this Article. The confidentiality created by this Article includes the fact that a Complaint was submitted and the contents of that Complaint. It shall be a violation of this Article for a City Official to publicly disclose information relating to the filing or processing of a Complaint, except as required for the performance of official duties or as required by law. Requests for records pertaining to Complaints shall be responded to in compliance with the State law. The limited confidentiality created by this Article is limited in scope and application by the mandates of the Texas Public Information Act, Chapter 552 of the Texas Government Code. (k)Ex Parte Communications. After a Complaint has been filed and during the pendency of a Complaint before the Board of Ethics, it shall be a violation of this Article: (1)for the Complainant, the Accused, or any person acting on their behalf, to engage or attempt to engage directly or indirectly about the subject matter or merits of a Complaint in ex parte communication with a member of the Board of Ethics or any known witness to the Complaint; or (2)for a Member of the Board of Ethics, to knowingly allow an ex parte communication about the subject matter or merits of a Complaint, or to communicate about any issue of fact or law relating to the Complaint directly or indirectly with any person other than a Member of the Board of Ethics, the City Auditor’s office, the City Attorney's office, or Special Counsel. Sec. 3-119.Sec. 3-120.Preliminary Assessment (a)Referral to Chairperson. Accepted Complaint(s) shall be referred to the Chairperson of the Board of Ethics within five (5) business days of being determined administratively complete. (b)Assignment of Panel. Within five (5) business days of receiving an Accepted Complaint, the Chairperson of the Board of Ethics shall assign the Complaint to a Panel for Preliminary Assessment. The Chairperson shall order a meeting of the Panel, which shall be conducted in compliance with the Texas Open Meetings Act. Each Panel shall select a Presiding Officer to conduct Panel deliberations. (c)Panel Determination. Within five (5)ten (10) business days of being assigned an Accepted Complaint, the Panel shall review the Complaint on its face and determine whether the Complaint is: (1)Actionable:the allegations and evidence contained in the Complaint, if true, would constitute a violation of this Article. (2)Baseless: the allegations and evidence contained in the Complaint, if true, would not constitute a violation of this Article. Bojorquez Law Firm, PC © Worksheet: Module #6 March 20, 2018 for the City of Denton, Texas Draft “B” of the Code of Ethics page 18 Actionable Complaints shall be returned to the Chairperson for listing on an agenda for a public hearing. Baseless Complaints shall be dismissed. Written notification of the Panel’s determination shall be filed with the City Auditor and sent to the Chairperson, Complainant, the Accused, and the City Attorney within two (2) business days. Written notifications of dismissal shall include notice of the right to appeal. (d)Appeals.Determinations of a A Panel’spreliminary assessment under this Section 3- 119may be appealed to the Board of Ethics by either the Complainant or the Accused, as applicable. An appeal shall be perfected by filing a written notice of appeal with the City Auditor within ten (10) business days of the date of the written notification. Sec. 3-120.Sec. 3-121.Meetings (a)Calling Meetings. Meetings of theBoard of Ethics shall be called upon request of the Chairperson, three (3) members, or the City Auditor. (b)Quorum. The quorum necessary to conduct meetings of the Board of Ethics shall be four (4). The Chairperson (or acting chairperson) shall count toward the establishment of a quorum and retains the right to vote. (c)Hearings: (1)Scheduling:Hearings shall be scheduled by the City Auditor upon the filing of: (A)a Panel determination that a Complaint is Actionable; or (B)an Appeal challenging a Panel’s dismissal of a Complaint as Baseless. (2)Purpose:The purpose of the hearing(s) shall be solely to determine whether: (A)a violation of this Article occurred, and if so to assess the appropriate sanction; (B)an Accepted Complaint was erroneously dismissed as Baseless by a Panel; and/ or (C)an Accepted Complaint is Frivolous. (3)Rules of Procedure:The Board of Ethics shall adopt rules of procedure governing how to conduct hearings on Actionable Complaints. Such procedural rules are subject to confirmation or modification by the City Council. (4)(3)Sworn Testimony: All witness testimony provided to the Board of Ethics shall be under oath. (5)(4)Burden of Proof:Because the burden of showing that a violation of this Article occurred is placed on the Complainant, it is the Complainant that has the obligation to put forth evidence, including testimony, supporting the Complaint. The Complainant is required to testify at the hearing. A Complainant’s failure to testify at a hearing shall be grounds for dismissal of a Complaint. Bojorquez Law Firm, PC © Worksheet: Module #6 March 20, 2018 for the City of Denton, Texas Draft “B” of the Code of Ethics page 19 (5)Representation:The Accused shall have a right to present a defense. Both the Complainant and the Accuser have a right to be represented by legal counsel. (d)Open Meetings. All meetings and hearings of the Board of Ethics, including Panel deliberations, shall be conducted pursuant to the Texas Open Meetings Act. The Board of Ethics may convene in Executive Session (i.e., conduct a closed meeting) as allowed by the Act. All final actions of the Board of Ethics shall take place in open session. (e)Postponement in Certain Instances. (1)Proceedings may be postponed upon majority vote of het members of the Board of Ethics. (2)The Complainant and the Accused are each entitled to one (1) postponement without cause. Additional postponements shall be solely for good cause and at the discretion of the Board of Ethics. (1)(3)If a Complaint alleges facts that are involved in a criminal investigation or a criminal proceeding before a grand jury or the courts, the Board of Ethics may, when a majority of its members deem appropriate, postpone any hearing or any appeal concerning the Complaint until after the criminal investigation or criminal proceedings are terminated. Sec. 3-121.Sec. 3-122.Disposition (a)Dismissal. If the Board of Ethics determines at the conclusion of a hearing by simple majority vote of its members that a Complaint should be dismissed, it may do so upon finding: (1)the Complaint is Baseless; (2)the alleged violation did not occur; (3)the Accused reasonably relied in good faith upon an Advisory Opinion, as provided in this Article; and or (4)the Complainant failed to testify at the hearing. (b)Sanctions.If the Board of Ethics determines at the conclusion of a hearing that a violation has occurred, it may within ten (10) business days impose or recommend any of the following sanctions: (1)Letter of Notification. If the violation is clearly unintentional, or when the Accuser's action was made in reliance on a written opinion of the City Attorney. A letter of notification shall advise the Accused of any steps to be taken to avoid future violations. (2)Letter of Admonition. If the Board of Ethics finds that the violation is minor and may have been unintentional, but calls for a more substantial response than a letter of notification. Bojorquez Law Firm, PC © Worksheet: Module #6 March 20, 2018 for the City of Denton, Texas Draft “B” of the Code of Ethics page 20 (3)Letter of A Reprimand. If the Board of Ethics finds that the violation: (A)was minor and was committed knowingly, intentionally or in disregard of this Article; or (B)was serious and may have been unintentional. (4)Recommendation of Suspension. If the Board of Ethics finds that a violation was committed by a Member of the Planning & Zoning, or Zoning Board of Adjustment, or a Department Head, and it: (A)was serious and that was committed knowingly, intentionally or in disregard of this Article or a state conflict of interest law; or (B)was minor but similar to a previous violation by the Person, and was committed knowingly, intentionally or in disregard of this Article. The final authority to impose a suspension rests with the City Council.regarding Board Members, the City Manager, City Secretary and City Attorney; and with the City Manager regarding Department Heads. (5)Ineligibility. If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year. Notice of all sanctions imposed by the Board of Ethics shall be transmitted to the Accused, Complainant, City Auditor, City Attorney, and City Council. (c)Frivolous. (1)Prohibition.It is a violation of this Article for a Person to submit a Frivolous Complaint. (2)Super-Majority Vote. If the Board of Ethics determines at the conclusion of a hearing by a vote of two-thirds (2/3) of its Members that a Complaint was Frivolous, the Board may impose a sanction as provided by Section 3-122(b). (3)Factors.In making a determination on frivolity, the Board of Ethics shall consider the following factors: (A)the timing of the sworn Complaint with respect to whenthe facts supporting the alleged violation became known orshould have become known to the Complainant, and withrespect to the date of any pending election in which theAccused is a Candidate or is involved with a candidacy, ifany; (B)the nature and type of any publicity surrounding thefiling of the sworn Complaint, and the degree of participationby the Complainant in Bojorquez Law Firm, PC © Worksheet: Module #6 March 20, 2018 for the City of Denton, Texas Draft “B” of the Code of Ethics page 21 publicizing the fact that a Complaint was filed; (C)the existence and nature of any relationship between theAccused and the Complainant before the Complaint wasfiled; (D)if the Accused is a Candidate for Election to Office, theexistence and nature of any relationship between theComplainant and any Candidate or group opposing theAccused; (E)any evidence that the Complainant knew or reasonablyshould have known that the allegations in the Complaint weregroundless; and Complaint. (F)any evidence of the Complainant's motives in filing the (4)External Remedies.Complainants who submit Frivolous Complaints are hereby notified that their actions may subject them to criminal prosecution for perjury (criminal prosecution), or civil liability for the torts of defamation or abuse of process. Sec. 3-122.Sec. 3-123.Reconsideration The Complainant or Accused may request the Board of Ethics to reconsider its decision. The request must be filed with the City Auditor within five (5) business days of receiving the final opinion of the Board of Ethics. The request for reconsideration shall be sent to the Chairperson of the Board of Ethics and the non-filing party (Complainant or Accused). If the Chairperson finds, in the Chairperson’s sole discretion, that the request includes new evidence that was not submitted at a prior hearing, and that the new evidence bears directly on the Board of Ethic’s previous determination, the Chairperson shall schedule a hearing on the request for reconsideration to occur within thirty (30) business days after filing with the City Auditor. Absent new evidence, the Chairperson shall unilaterally dismiss the request for reconsideration and provide to the Parties. Sec. 3-124.General Procedural Matters (a)Deadlines.Any deadline provided in this Article shall be construed as expiring at 5:00 p.m. local time on the last day. (b)Mailbox Rule. ___________ Sec. 3-123.Sec. 3-125.Lobbyists \[reserved\] Bojorquez Law Firm, PC © Worksheet: Module #6 March 20, 2018 for the City of Denton, Texas Draft “B” of the Code of Ethics page 22 Phone: (512) 250-0411 12325 Hymeadow Drive Fax: (512) 250-0749 Suite 2-100 TexasMunicipalLawyers.com Austin, Texas 78750 Alan@TexasMunicipalLawyers.com March 16, 2018 David Zoltner Via Email: dzoltner70@gmail.com Regarding:City of Denton’s Draft Ethics Ordinance Mr.Zoltner: As advisor to the City of Denton, I was provided with the comments, questions and suggestions you submitted on March 7, 2018,regarding Draft “A”of the Code of Ethics. On behalf of the City, I appreciate you taking the time to provide your feedback into this process.I found your remarkshelpful. Next Tuesday, March 20, 2018, the City Council will be conducting a public hearing on Draft “B”, which is the most recent version to be considered. I’m pleased to report to you that many of your concerns have been addressed in this latest document. For now, please acceptthe following responses to the concerns you raised. 1.Nepotism.Thus far, the City Council has not deliberated whether to include regulations on Nepotism in the Code of Ethics. I will be presenting the City Council with sample language to consider next Tuesday. 2.Misuse of Information.You requested clarification of the term “Confidential Information”, whichis defined in the Code of Ordinances as follows: Confidential Information: any written information that could or must be excepted from disclosurepursuant to the Texas Public Information Act, if such disclosure has not been authorized; or any non-written information which, if it were written, could be excepted from disclosure under that Act, unless disclosure has been authorizedby the City Councilor City Manager. Section 3-113(f)(2) of the Code of Ethics includes the following prohibition: Confidential Information.It shall be a violation of this Articlefor aCity Officialto intentionally,knowingly,orrecklesslydiscloseanyConfidential Information gainedbyreasonofthe CityOfficial'spositionconcerningtheproperty,operations, policiesor affairsof the City. This rule doesnot prohibitthereporting ofillegalor unethicalconductto authoritiesdesignated bylaw. As currently drafted, the Code of Ethics relies upon the rather well-developed body of state jurisprudence defining “Confidential Information” under the Texas Public Information Act, which characterizes such things as Privileged Informationto be Confidential. 3.Panels.Itis common for municipal ethics rules to provide some mechanism for pre- screening complaints before going forward with the full-blown formalities of a public hearing. For example, in El Paso complaints go through a preliminary assessment by the City Attorney’s Office, and in Plano complaints are first evaluated by outside legal counsel. In order to keep the initial filtering process in the hands of Denton citizens, I suggested the possibility of utilizing rotating, ad hocsubcommittees called “Panels.” Draft “A” was silent on whether Panels must comply with the Texas Open Meetings Act. Draft “B” makes itclear that TOMA compliance is required. Regarding Advisory Opinions, the City Council has thus far expressed a preference for this form of guidance to be issuedby aPanel. In San Antonio, Advisory Opinions are issued by the City Attorney’s Office. The option we are currently considering in Denton keeps the task in the hands of citizens. Utilizing Panels will enable the group to meet sooner and issue opinions on a more-timely basis. Organizing gatherings of larger groups tends to take longer. The Denton City Council has expressed the desire to make Advisory Opinions easier to receive in hopes that reliance on such guidance will improve ethical decision making. We hopeto encourage officials to seek directionwhen in doubt. 4.Testifyingat Hearings. In our work sessions, the City Council has expressed a goal to have those who file ethics complaints take the process very seriously, which includes the requirementsthat complaints be sworn andbased on personal knowledge and evidence, and the Complainant testify at hearings brought to adjudicate the Complaint. Draft “B”makes it clear that both the Complainant and Accused are expressly extended the right to be represented by legal counsel.Draft “A” was silent on that matter. I hope you found this information helpful. If you have any additional comments, questions or suggestions, please feel free to bring them to our attention. We look forward to your input. Sincerely, Alan J. Bojorquez Attorney at Law City of DentonCode of Ethics March 16, 2018 David ZoltnerPage 2of 2 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-375,Version:1 AGENDA CAPTION New Horizons Senior Band Day City of DentonPage 1 of 1Printed on 3/14/2018 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-480,Version:1 AGENDA CAPTION Christopher Klabunde regarding a statement of concern regarding Storrie Parachute Works, Inc. City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-279,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheCityManager,orhisdesignee,toexecuteanInterlocalCooperationAgreementwiththeCityof HaltomCity,Texas,underChapter791oftheTexasGovernmentCode,toauthorizeCityofDentoncontracts forthepurchaseofvariousgoodsandservices;authorizingtheexpenditureoffundstherefor;anddeclaringan effective date (File 6710- Interlocal Cooperation Agreement with the City of Haltom City). City of DentonPage 1 of 1Printed on 3/14/2018 powered by Legistar™ City Hall City of Denton 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: March 20, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the City of Haltom City, Texas, under Chapter 791 of the Texas Government Code, to authorize City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 6710- Interlocal Cooperation Agreement with the City of Haltom City). BACKGROUND INFORMATION Chapter 791 of the Texas Government Code authorizes respective participating governments to enter into agreements for the purchase of goods and services. The attached Agreement (Exhibit 2) is an authorization for the City of Denton to participate in contracts awarded by the City of Haltom City and for the City of Haltom City to participate in contracts awarded by the City of Denton. The contract will remain in effect until terminated by either party. This Agreement will allow both entities to utilize contracts for goods and services competitively solicited by the other party to the contract. The solicitation process followed by both entities meets all statutory procurement requirements per Local Government Code 271.102. Upon approval of the Agreement, the City of Haltom City intends to utilize the 6025 for the supply of Fire Department uniforms. Chapter 791 of the Texas Government Code requires that Interlocal Cooperation Agreements be authorized by the governing body, regardless of amount. RECOMMENDATION Approve an Interlocal Cooperative Purchasing Program Agreement with the City of Haltom City. ESTIMATED SCHEDULE OF PROJECT This Agreement is effective upon approval by the City of Denton and will remain in effect until terminated by either party. FISCAL INFORMATION Each future acquisition, based on this Agreement, will follow the City of Denton fiscal verification policy and be charged to the appropriate budget account. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence Related Goal: 1.6 Collaborate with local, regional, state, and federal partners EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Interlocal Cooperation Agreement Exhibit 3: Ordinance Respectfully submitted: Karen Smith, 349-8436 Purchasing Manager For information concerning this acquisition, contact: Karen Smith, 940-349-8436. EXHIBIT 2 FILE#6710 ATTEST: BY:_________________________ JenniferWalters CitySecretary APPROVEDASTOLEGALFORM: AARONLEAL,CITYATTORNEY BY:_________________________ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-317,Version:1 AGENDA CAPTION Consider approval of the minutes of February 5, February 6, February 13, February 15, February 20, and February 27, 2018. City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ CITY OF DENTON CITY COUNCIL MINUTE February 5, 2018 After determining that a quorum was present, the City Council convened in a Work Session on Monday, February 5, 2018 at 11:30 a.m. in the Meeting Room at Emily Fowler Central Library, 502 Oakland Street, Denton, Texas at which the following items were considered. PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff, Council Member Ryan, Council Member Gregory, Mayor Pro Tem Bagheri, and Mayor Watts. ABSENT: None. 1. Work Session Reports A. ID 18-121 Receive a report, hold a discussion, and give staff direction regarding the Denton Public Library’s annual report for FY 2016-2017, an update on the 2017-2020 Strategic Plan, and the future direction of library operations for the City of Denton. Jennifer Bekker, Director of Libraries, stated that the Denton Public Library created an annual report for the public in order to foster transparency in government and promote library services to the community. She stated that the Customer Satisfaction Rating for the Library was 92%. Highlights from FY206-2017 included – Denton Public Library launched a new user-friendly catalog and redesigned the library website in the summer of 2017. The Seed Library was launched at Emily Fowler Central Library in March of 2017. The 2017 ELEVATE Conference Celebrating Women in Business had 125 attendees. A new quiet room and a teen area were created at South Branch Library. Special Collections was remodeled at Emily Fowler Central Library. The Forge was remodeled at North Branch Library. Education efforts included – Denton read 2.3 million minutes this past summer. 6,805 people took the Summer Reading Challenge in 2017. Lynda.com had 5,332 logins-an average of more than 14 logins per day. Community interactions included – items checked out: 1,183,208; library visits: 503,818; attendance at classes and events: 49,206; items in collection: 280,650; volunteer hours: 9,471.5; public computer logins: 86,396; questions answered: 160,157; new card holders: 8,749. Resources included – On average, each Denton resident checked out almost 10 items and each library item was checked out almost 5 times. Bekker shared some highlights from the Strategic Plan update. Education efforts included monthly Spanish Story Time at Emily Fowler; age appropriate learning and activity areas; classes and event registration featured on Library website; updated iPads at all branches; completed implementation of Bibliocommons catalog tool; developed standardized procedures for collection management and maintenance; uploaded digital copies of oral histories and linked them to the library catalog; DISD Adult Ed class presentations and Adult instruction classes. City of Denton City Council Minutes February 5, 2018 Page 2 Community efforts included unified DPL2Go outreach services; concentrated marketing promotion; Library resources promotion on COD HUB; and working with HR to develop curriculum support resource lists. Resource efforts included Library staff mentoring program; staff training; and increased funding for downloadable and streaming content. Bekker stated that upcoming efforts included updated youth areas at Emily Fowler Central Library and North Branch Library; the Legacy Lab; improved metrics and analysis of library services and resources; integrated program planning process and more family and multi-age classes and events; online registration and tracking for reading programs; online Library Card signup; online donations; Discovery Kits; TechSoup software donation service for public PCs; and Music Mania Story Time performance at 2018 Arts & Jazz Festival. Council Member Briggs asked about a children’s library. Bekker replied that staff was looking into that concept. Council Member Duff asked that staff look into coordinating with the Robson Ranch library regarding their needs. B. ID 18-088 Receive a report, hold a discussion, and give staff direction regarding the adoption of an ordinance to allow signage on athletic fields and formally establish the City’s contractual relationship with youth sports associations. Laura Behrens, Interim Director of Parks and Recreation, introduced Jason Barrow and Chris Escoto, Parks and Recreation Department employees. Behrens stated that the City had Facility Utilization Agreements in place with three youth sports associations: Denton Boys Baseball, Denton Soccer Association and Denton All-Star Youth Football League. The agreement outlined regulations and requirements for the use of PARD’s playing fields as well as the allocation of field use. It was reviewed, updated, and signed annually by the City and each association. Historically, the agreements were signed and executed by PARD staff, but the City Council had not formally authorized staff to enter into the agreements. Behrens stated that the City had a mutually beneficial relationship with the youth sports associations. The associations managed registrations, practices and games including tournaments. They also purchased and provided uniforms, equipment and other supplies related to league operations. In exchange, PARD provided scheduling assistance, allocated field time for the association’s sole use, and ensured proper maintenance of the facilities. Without the agreements, PARD would become responsible for league operations including those currently managed by the association. It would also include operating concessions and purchasing all related equipment resulting in an increase to personnel and funding. Behrens stated that all three associations were non-profit agencies. A common fund raising practice of sport associations was to sell and display sponsorship signs. Revenue collected from sponsorship signs was used towards scholarships, league equipment, field improvements and the purchase of league supplies. The signs were placed on the outfield fences of the playing fields at City of Denton City Council Minutes February 5, 2018 Page 3 Evers and Mack Baseball Complexes and the North Lakes Football Complex. In May of 2017, it was brought to PARD’s attention that the sign ordinance was being violated by allowing the placement of sponsor signs on City fields. Also, the perception of providing a gift was also raised as a concern. PARD suspended all further activities related to the signs until the practice could be evaluated. Behrens stated that staff had conducted a review of the practice and consulted with the Legal Department and Risk Management. Four primary concerns were identified: compliance with the sign ordinance, regulations for sponsorship signs, ratification of the current Facility Utilization Agreements with each association, and authorization to enter into future field use agreements. Staff also surveyed various Metroplex cities to understand how these arrangements were performed in these communities. Staff was recommending that the City Council approve an ordinance amending the definition of signs to include sponsorship signs on athletic fields and providing authority to the City Manager or his designee to enter into future Field Utilization Agreements. The ordinance also provided for the ratification of the 2018 Field Utilization Agreements including an amendment outlining the requirements for the placement of sponsorship signs on athletic fields. The proposed amendment to the Field Utilization Agreement ensured compliance with the provisions of the adopted sign ordinance, established a nominal fee for the activity to satisfy constitutional requirements against gifting, and reinforced the association’s stated intended purpose for the revenue. General consensus of the Council was to move forward with staff’s recommendations. 2. Concluding Items A. 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. Council Member Briggs stated that there was a lot of trash in the right-of-way at Mingo and 380 and asked if the City or property owner was responsible for picking up the trash. Mayor Pro Tem Bagheri stated that a right-of-way brush truck had been clearing up a lot of overhanging trees in her neighborhood and had damaged the trees. She inquired if there was a way to address how this was done in the future. City of Denton City Council Minutes February 5, 2018 Page 4 Mayor Pro Tem Bagheri asked for a work session on the DCTA board membership and what the requirements were to be on the board. Mayor Pro Tem Bagheri requested an Informal Staff Report on how the Energy Cost Adjustment was calculated for the electric bills. Council Member Hudspeth asked for information on the bicycle rider hit at McKinney and Bell last week. With no further business, the meeting was adjourned at 12:42 p.m. ________________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS ________________________________ JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 6, 2018 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, February 6, 2018 at 12:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff, Council Member Ryan, Council Member Gregory, Mayor Pro Tem Bagheri, and Mayor Watts. ABSENT: None. 1. Citizen Comments on Consent Agenda Items There were no citizen comments on Consent Agenda Items. 2. Requests for clarification of agenda items listed on the agenda for February 6, 2018. Staff responded to Council’s requests for clarification on the following items: Council Member Briggs – Consent Agenda Item B Council Member Ryan - pull Consent Agenda Item N for separate discussion 3. Citizen Comments on Ethics Related Work Session Report Items David Zoltner made suggestions for conflict of interest and the scheduling of public hearings on the item. 4. Work Session Reports A. ID 18-165 Receive a report, hold a discussion, and give staff direction regarding the development of an ethics ordinance including, but not limited to, a discussion on misuse of information, abuse of resources, abuse of position, duty to report, hindrance, and disclosures, from attorney Alan Bojorquez. Alan Bojorquez stated that this module would center on crafting a code. The topics of discussion would include Misuse of Information; Abuse of Resources; Abuse of Position; Duty to Report; Hindrance; and Disclosures. Misuse of information centered on restricting the use of information for personal purposes if the information was obtained because of person's official city duties and prohibiting the disclosure of confidential information. Council discussion on misuse of information included: Whether to include confidential information, public information or both Whether to include family members A definition of "official city duties" A definition of confidential information to include meetings with staff and not just closed meeting discussions City of Denton City Council Minutes February 6, 2018 Page 2 Abuse of resources center on banning the use of city resources for personal or private purposes. Council felt that resources should not be used unless they were available to other members of the public. Abuse of position dealt with prohibiting harassment and discrimination and preventing interference with investigations. Council discussion on abuse of position included: Consider following the City’s Human Resources policy Consider using the Houston sample with the addition of gender identity Duty to report would create an affirmative duty for city officials who were aware of violations of the Code to report those violations. It would make it a violation of the Code not to report such violations. Council discussion on duty to report included: Who the violation would be reported to The level of knowledge of the violation such as suspecting a violation versus knowledge of a violation Use the Hot Line to report direct knowledge or suspicion of a violation The consequences of not reporting a suspected or have knowledge of a violation Could be a matter of interpretation of what constituted a violation Definition of "knowledge" Implementation of such a policy might be difficult If the provision could not be enforced, why put it in the ordinance Duty to report to the Fraud and Abuse Hotline as a mitigating step Consensus to have this provision in the in ordinance but consider consequences at a later meeting. If a staff member were involved, go through the Fraud and Abuse Hotline and to the City Manager. If Council were involved refer to the Ethics Commission Hindrance centered on whether a violation would be to purposely take steps to stop or prevent a service from being provided or a practice. Council discussion on hindrance centered on: Whether this provision could be used as a catch all for all types of non-violations Whether there were other provisions in the draft Code to cover these situations Consensus was not to include this section as it was covered in other parts of the proposed code. Disclosures dealt with whether the Code would be silent on this issue and defer to State law in terms of financial disclosures required of all elected officials and candidates. Council discussion: Place a reference in the Code but mirror State law Consider adding a civil enforcement aspect through the Board of Ethics No different forms would be required other than per State law Consensus was to follow State law but included a right to cure City of Denton City Council Minutes February 6, 2018 Page 3 B. ID 18-152 Receive a report, hold a discussion, and provide direction regarding the regulation of stationless bike share companies to include a proposed application and permit fee. Mark Nelson, Director of Transportation, presented information on a Stationless Bike Share policy in terms of the status of Bike Share in Denton, a staff recommendation and policy direction. He presented information on the background of the stationless bike share program. A list of operators of the program in the area was reviewed along with what other cities were doing. Regulating options were noted along with information on the companies currently operating in Denton. Cons of the program were also presented. Staff was recommending goals for the policy and a pilot permit program. Council discussion included: Liability on the part of the City Availability of citizens to use the bikes Whether the draft provisions for a pilot program had been discussed with the vendors Consider an RFP process in order to obtain greater control over the vendors How many operators did the City need and how much were the bikes used This type of program was an important part of the City's mobility but it needed to be regulated Limit the number of bikes available city-wide What to do in the interim until an RFP was completed Address the regulatory aspect in terms of a temporary license with the limit of 100 bikes per operator; have the pilot period of 30-90 days to obtain data; and reconsider the program after that time period to review the data. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. ID 18-108 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from the City’s attorneys, both in-house attorneys and retained outside employment attorneys, and discuss legal matters, deliberate, and provide the City’s attorneys with direction regarding and related to Cause No. DC-17-08139 styled "Michael Grim and Jim Maynard vs. City of Denton, Texas" pending in the 68th Judicial District Court, Dallas County, Texas; discussion of these legal matters in an open meeting would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in both the present lawsuit or potential administrative proceedings or lawsuits. B. ID 18-220 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with the City’s attorneys regarding status and legal issues associated with an engagement to complete an audit and investigation previously initiated by the City’s former City of Denton City Council Minutes February 6, 2018 Page 4 Internal Auditor, and legal analysis relating to preliminary findings associated with said audit and investigation, where a public discussion associated with these legal matters would clearly conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. C. ID 18-248 Consultation with Attorneys - Under Texas Government Code Section 551.07. Discuss, deliberate, and receive information from the City’s attorneys and provide the City’s attorneys with direction regarding legal issues associated with both the lease and use of 1001 S. Mayhill Rd., Buildings 101 and 102, and 1301 S. Mayhill Rd., Denton, Denton County, Texas and the Council’s action on December 5, 2017 under Ordinance No. 2017-385 where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall. 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledges to the U.S. and Texas flags. 2.PROCLAMATIONS/PRESENTATIONS There were no proclamation/presentations for this meeting. 3. PRESENTATION FROM MEMBERS OF THE PUBLIC There were no presentations from members of the public. Mayor Watts noted that Item 5D was being pulled from consideration at this meeting. 4.CONSENT AGENDA Council Member Gregory motioned, Mayor Pro Tem Bagheri seconded to approve the Consent Agenda and accompanying ordinance and resolutions with the exception of Item N which would be pulled for individual consideration and with the revised ordinance for Item O. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. Approved the minutes listed below A. ID 18-023 Consider approval of the minutes of November 7, November 14, November 20, December 4, December 5, December 12, and December 19, 2017. City of Denton City Council Minutes February 6, 2018 Page 5 Ordinance No. 18-049 B. ID 18-049 Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement for landscape design services relating to the Mayhill Road Widening project including landscape design for the length of Mayhill Road as well as improvements to an open space area for pedestrian use to be located near the intersection of Mayhill Road and Spencer Road; providing for the expenditure of funds therefor; and providing an effective date (File 6676 awarded to Freese and Nichols, Inc. in the not-to-exceed amount of $107,900). Ordinance No. 18-071 C. ID 18-071 Consider adoption of an ordinance of the City of Denton authorizing the closure of a segment of McCormick Street from Underwood Street to Avenue A for the construction of Fire Station 3. The Traffic Safety Commission recommends approval (6-0). Ordinance No. 18-082 D. ID 18-082 Consider adoption of an ordinance of the City of Denton approving an easement and right of way agreement granting an 0.857 acre easement to Oncor Electric Delivery Company, LC, located in the Moreau Forrest Survey, Abstract, No. 417, in Denton County, Texas for the purchase price of forty-nine thousand six hundred thirty dollars and NO/100 ($49,630.00) and providing a severability clause and an effective date. \[Arco Substation\] The Public Utilities Board recommends 6- 0. Ordinance No. 18-091 E. ID 18-091 Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute an Interlocal Cooperation Agreement between the City of Denton and Denton County for Ambulance Services and declaring an effective date. Ordinance No. 18-098 F. ID 18-098 Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $5,080 of in-kind services and resources for the 33rd Annual Texas Storytelling Festival to be held in the Civic Center located at 321 E. McKinney St., beginning Thursday, March 8 through Sunday, March 11, 2018; and providing an effective date. Ordinance No. 18-102 G. ID 18-102 Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute an Interlocal Cooperation Agreement between the City of Denton and Denton County for Fire Protection Services; and declaring an effective date. Ordinance No. 18-153 H. ID 18-153 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Denton County Friends of the City of Denton City Council Minutes February 6, 2018 Page 6 Family for the purpose of expenses for An Evening of Raised Awareness with Dr. Yamma Brown; providing for the expenditure of funds therefor; and providing for an effective date. ($650) Ordinance No. 18-157 I. ID 18-157 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for services to perform a JD Edwards (JDE) software application and tools upgrade from version 9.1 to 9.2; providing for the expenditure of funds therefor; and providing an effective date (RFP 6592-awarded to Grant Thornton LLP in the not-to-exceed amount of $185,000). Ordinance No. 18-158 J. ID 18-158 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract for the purchase of one (1) John Deere model 544K Wheel Loader for the City of Denton Streets Department as awarded by Buy Board Cooperative Purchasing Network Contract# 515-16; providing for the expenditure of funds therefor; and providing an effective date (File 6707-awarded to RDO Equipment Company in the not-to-exceed amount of $152,969.41). Ordinance No. 18-159 K. ID 18-159 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Houston-Galveston Area Council of Governments (H-GAC) Cooperative Purchasing Program for the acquisition of two (2) new and two (2) reconditioned and remounted Frazer Type I ambulances for the City of Denton Fire Department; and providing an effective date (File 6705-awarded to Mac Haik Dodge Chrysler Jeep in the not-to-exceed amount of $691,554). Ordinance No. 18-160 L. ID 18-160 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the supply of Utility Polymer Insulators for Denton Municipal Electric to be stocked in the City of Denton Distribution Center; providing for the expenditure of funds therefor; and providing an effective date (IFB 6550-awarded to the lowest responsible bidder meeting specification, Wesco Distribution, Inc. in the three (3) year not-to-exceed amount of $821,280). Ordinance No. 18-162 M. ID 18-162 Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payment by the City of Denton for the annual Lake Ray Roberts and Lake Lewisville Operation and Maintenance fees to the United States Army Corp of Engineers for the City’s share of the operating and maintenance expenditures; and providing an effective date (File 6706-United States Army Corp of Engineers Operation and Maintenance Fees in the amount not-to-exceed $170,000). City of Denton City Council Minutes February 6, 2018 Page 7 Ordinance No. 18-246 O. ID 18-246 Consider adoption of an ordinance of the City of Denton, Texas amending Section 33-2 Of The Code of Ordinances to revising the definition of "Sign;" amending Section 22-29 of the Code of Ordinances to delegate the approval of signs under certain circumstances to the City Manager; ratifying the execution of 2018 Facility Utilization Agreements, including an amendment thereto related to the regulation of signs; providing a severability clause; providing a penalty cause; and declaring an effective date. The item pulled for separate consideration was considered. Ordinance No. 18-164 N. ID 18-164 Consider adoption of an ordinance ordering an election to be held in the City of Denton, Texas, on May 5, 2018, and if a runoff election is required, on June 16, 2018, for the purpose of electing Council Members to Places 5 and 6 and electing a Mayor to Place 7 of the City Council of the City of Denton, Texas; prescribing the time and manner of the conduct of the election to be in accordance with an agreement with the Elections Administrator of Denton County; providing a severability clause; providing an open meetings clause; and providing for an effective date. Council discussed including additional polling locations in each of the Council voting districts. th An item would be added to the February 13 agenda for this discussion. Council Member Briggs motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. 5.ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 18-045 A. ID 18-045 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the supply of Electric Meters and Equipment including electric meters, photovoltaic meters, electric sockets, secondary and primary instrument rated transformers, and Trilliant secure mesh AMI equipment for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (IFB 6612-awarded to the lowest responsive bidder for each section for a total three (3) year not-to-exceed amount of $4,293,000). The Public Utilities Board recommends approval (6-0). JR Richardson, Electric Meter Superintendent, presented the background of the proposal which included the RFP, proposals received, key points, funding and staff recommendation. Council Member Ryan motioned, Council Member Hudspeth seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. City of Denton City Council Minutes February 6, 2018 Page 8 Resolution No. 18-085 B. ID 18-085 Consider approval of a resolution adopting a Renewable Resource Plan for Denton Municipal Utility. The Public Utilities Board recommends approval (6-0). George Morrow, General Manager of DME, made a presentation regarding the Renewable Resource Plan which included background information, existing power resources, renewable evaluation, 100% renewable targets; current renewable RFP; future renewable RFPs; and an update on the Denton Energy Center Council discussion whether it would be possible to get to 100% renewable by 2020. Morrow presented a summary of the Renewable Resource Plan that included the primary objective of the Plan, the related renewables, evaluation of the renewable offers, and future solar and wind RFPs planned with possible participation by other municipals. Mayor Watts noted that Comment Cards were submitted by: Ed Soph - in support Carol Soph - in support Jennifer Lane – in support Catherine Lustgarten spoke in support. Council discussed the fact that this was a resolution and not an ordinance and whether it could be changed by a future Council. City Attorney Leal stated that it was still a policy of the Council and any future change would have to be approved by alternate resolution. Mayor Pro Tem Bagheri noted that she would not be voting in favor of the resolution as it involved the DEC. Council Member Gregory offered an amendment to the resolution in Section 2 to include “in a manner that ensures electric reliability and competitive electric rates”. Council Member Briggs offered a friendly amendment to “develop demand site goals for FY 20/21 for community solar, local solar generation, energy efficiency including programs to assist low- income Denton residents, storage and demand response”. Council Member Gregory indicated that he was not in agreement with that friendly amendment. Council Member Gregory motioned, Council Member Ryan seconded to adopt the ordinance with the additional wording noted by Council Member Gregory. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", and Mayor Watts "aye". Mayor Pro Tem Bagheri "nay". Motion carried with a 6-1 vote. City of Denton City Council Minutes February 6, 2018 Page 9 Ordinance No. 18-095 C. ID 18-095 Consider approval of a resolution of the City of Denton, Texas, approving the Solid Waste and Watershed Protection Sponsorship Program guidelines and application process. The Public Utilities Board recommends approval (5-1). Ethan Cox, Director of Solid Waste, made the presentation regarding the background of the solid waste sponsorship program and proposed policy components for sponsorships; Council Member Ryan motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Council Member Briggs "nay". Motion carried with a 6-1 vote. D. ID 18-107 Consider adoption of an ordinance authorizing the amended engagement of the law firm of Lynn, Ross and Gannaway, LLP, and the BKD, LLP accounting firm, to complete a previously initiated audit and investigation, pursuant to the terms of the attached revised contract for professional services; and further amending the previously authorized expenditure of budgeted funds for this engagement, in an amended amount for past and anticipated professional fees and expenses, not to exceed the aggregate and inclusive amount of $115,000; repealing, superseding, and replacing in its entirety Ordinance 2017-368; and providing an effective date. This item was not considered. Ordinance No. 18-127 E. ID 18-127 Consider adoption of an ordinance of the City of Denton, Texas authorizing the approval of Change Order 1 to a contract between the City of Denton and Ragle, Inc. for construction of the South Bonnie Brae Street Widening and Improvements Project Phase I, amending the contract approved by Council on June 20, 2017 (Ordinance 2017-183) in the amount of $11,810,220.07; providing for the expenditure of funds therefor; and providing an effective date (File 6390-providing for an additional expenditure amount not-to-exceed $564,500.38, with the total contract amount not-to-exceed $12,374,720.45). Todd Estes, City Engineer, presented the background information on the Bonnie Brae Change Order request. The presentation included the project cost summary. Noreen Housewright, Senior Engineer, presented financial information on the project; project photos; Enlink relocation sites; and staff recommendation. Mayor Pro Tem Bagheri motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. City of Denton City Council Minutes February 6, 2018 Page 10 F. ID 18-140 Consider nominations/appointments to the City’s Boards and Commissions: Airport Advisory Board; Community Development Advisory Committee; Human Services Advisory Committee, and Public Art Committee. Jennifer Walters, City Secretary, noted that Council Member Duff had nominated Ed Ahrens to the Airport Advisory Board and Council Member Ryan had nominated Larry Varnes to the Community Development Advisory Committee. There were no nominations for the Human Services Advisory Committee and the Public Art Committee at this time. Council Member Briggs motioned, Mayor Pro Tem Bagheri seconded to approve the nominations. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance No. 18-155 G. ID 18-155 Consider adoption of an ordinance of the City of Denton authorizing an Agreement between the City of Denton, Texas, and Kiwanis Club of Denton for the purpose of 4th of July fireworks show sponsorship; provide for the expenditure of funds; and providing for an effective date. Bryan Langley, Deputy City Manager, indicated that this was a sponsorship agreement with Kiwanis for the annual fireworks show. Council Member Gregory motioned, Council Member Ryan seconded to adopt the ordinance. G. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. 6. PUBLIC HEARINGS Ordinance No. Z17-0012a A. Z17-0012a Hold a public hearing and consider adoption of an ordinance to rezone approximately 4 acres from a Neighborhood Residential 3 (NR-3) District to a Neighborhood Residential Mixed-Use 12 (NRMU-12) District. The property is generally located on the north side of Mingo Road, approximately 150 feet southwest of Boyd Street in the City of Denton, Denton County, Texas. (Z17-0012a, Mingo Road Apartments, Hayley Zagurski). The Mayor opened the public hearing. Haley Zagurski, Senior Planner, presented information for Public Hearings A and B. Council would vote separately on the items. She presented the specific request; the site data; criteria for approval; analysis of the future land use; public facilities; analysis of compatibility; and recommended approval from staff and the Planning and Zoning Commission. Zagurski continued with the Specific Use Permit criteria for approval; concept plan for the Specific Use Permit; conceptual elevations; analysis of the proposal with the Denton Plan 2030; public City of Denton City Council Minutes February 6, 2018 Page 11 notification; and recommended approval from staff and the Planning and Zoning Commission with conditions. The following individuals spoke on the public hearings: Kim McKibben - spoke on both Items A and B Lawrence Holdorf - spoke in favor Council discussed the preservation of the larger trees; building on the hill; potential drainage problems; and that the applicant had no issue with adherence to site plan as presented to the Planning and Zoning Commission. The Mayor closed the public hearing. Council Member Ryan motioned, Mayor Pro Tem Bagheri seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance No. S17-0006a B. S17-0006a Hold a public hearing and consider adoption of an ordinance for a Specific Use Permit for 4 acres of land, specifically to allow for a multi-family residential use. The property is generally located on the north side of Mingo Road, approximately 150 feet southwest of Boyd Street in the City of Denton, Denton County, Texas. (S17-0006a, Mingo Road Apartments, Hayley Zagurski). The public hearing for this item was included with 6A. Council Member Gregory motioned, Mayor Pro Tem Bagheri seconded to adopt the ordinance with the recommended conditions including the dumpsters and setbacks as presented. Council Member Briggs offered a friendly amendment for preservation of the heritage trees as noted on the concept plan. Council Member Gregory and Mayor Pro Tem Bagheri accepted that friendly amendment. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. C. DCA17-0009a Hold a public hearing and consider an ordinance regarding repealing and replacing Section 35.7.6, repealing Sections 35.7.7 and 35.7.8, adding Section 35.3.15, adding definitions to Section 35.23.2 and making changes to Section 35.4.3. of the Denton Development Code. (DCA17-0009, Historic Preservation Code Amendments, Roman McAllen) THIS ITEM HAS BEEN WITHDRAWN BY STAFF AND WILL BE BROUGHT BACK IN CONJUNCTION WITH THE DENTON DEVELOPMENT CODE UPDATE. City of Denton City Council Minutes February 6, 2018 Page 12 This item was not considered. D. S17-0009c Hold a public hearing and consider a request by Rayzor Inv. Ltd. for a Specific Use Permit for 68.1 acres of land, specifically to allow for a multi-family residential use on approximately 32.60 acres and to allow for an outdoor recreation use on approximately 19.90 acres. The property is generally located on the south side of West Oak Street approximately 290 feet west of the Interstate Highway 35 service road in the City of Denton, Denton County, Texas. (S17-0009c, Retreat at Denton, Hayley Zagurski). THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT. This item was not considered. E. Z17-0016c Hold a public hearing and consider a request by Rayzor Inv. Ltd. to rezone approximately 68.1 acres from an Industrial Center Employment (IC-E) District to a Neighborhood Residential Mixed-Use (NRMU) District. The property is generally located on the south side of West Oak Street approximately 290 feet west of the Interstate Highway 35 service road in the City of Denton, Denton County, Texas. (Z17-0016c, Retreat at Denton, Hayley Zagurski). THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT. This item was not considered. F. A17-0006a Hold the first of two public hearings for a voluntary annexation of approximately 0.30 acres of land generally located on the east side of Old Alton Road, south of the intersection of Old Alton Road and Teasley Lane. (A17-0006, Cindy Jackson) Cindy Jackson, Senior Planner, presented the details of the proposed voluntary annexation along with the annexation schedule. The Mayor opened the public hearing. No one spoke during the public hearing The Mayor closed the public hearing. No action was required on this item at this time. Ordinance No. Z17-0026c G. Z17-0026c Hold a public hearing and consider a request by GDHI Homes LLC to rezone approximately 13 acres from a Neighborhood Residential 2 (NR-2) District to a Neighborhood Residential 6 (NR-6) District. The subject properties are located at 1322 and 1520 Audra Lane. The Planning and Zoning Commission voted 7-0 to approve the request with conditions. (Z17-0026b, Audra Tract, Shandrian Jarvis) The Mayor opened the public hearing. City of Denton City Council Minutes February 6, 2018 Page 13 Shandrian Jarvis, DRC Administrator, presented the request details, site data, the criteria for approval in terms of the future land use plan and public facilities compatibility. Public notification, summary and recommendation were noted. The Planning and Zoning Commission recommended approval with conditions which staff was also recommending. Council discussed the number of units per acre in conjunction with the proposed zoning. Thomas Fletcher, Engineer representing the applicant, spoke in favor. Council discussed providing adequate driveways and garages for off-street parking and if the green space would be maintained by the HOA David Zoltner spoke in opposition. Kim McKibben spoke in opposition. The Mayor closed the public hearing. Mayor Pro Tem Bagheri motioned, Council Member Ryan seconded to adopt the ordinance with the noted conditions. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. 7. CONCLUDING ITEMS A. 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 Mayor Watts requested a Work Session on design criteria for the downtown area. Council Member Gregory asked for a staff report on minimizing the dust during the repair of Hickory Street. Council Member Briggs requested a Work Session on a historic designation/national designation for the downtown area. City of Denton City Council Minutes February 6, 2018 Page 14 Council Member Briggs requested that one of the two public hearing scheduled for the ethics ordinance be held in the evening. Mayor Pro Tem Bagheri requested staff research provisions of Lewisville’s fire code for possible inclusion to the City’s fire code. Council Member Hudspeth requested the notice on demolition of mini-mall be made public. B. Possible Continuation of Closed Meeting topics, above posted. There was no continuation of the Closed Meeting. With no further business the meeting was adjourned at 9:15 p.m. __________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 13, 2018 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, February 13, 2018 at 12:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Ryan, Council Member Gregory, and Mayor Watts. ABSENT: Mayor Pro Bagheri and Council Member Duff. 1. Work Session Reports A. ID 18-149 Receive a report, hold a discussion, and give staff direction regarding a request for a resolution of support from a developer applying for 9% housing tax credit with the state. Sarah Kuechler, Director of Public Affairs and IGR, presented background information on the Housing Tax Credit Program. She noted that the City had received two applications for the program. However, one request had been withdrawn. Council questioned if there would be community meetings with area residents and whether there were any units available for homeless or low income individuals. Kuechler continued with detail on the proposed development in terms of zoning; preliminary site plan; project characteristics; neighborhood characteristics; information on the developer; and direction needed from Council. Ryan Combs, Palladium, presented information on the project. He responded to Council questions regarding the proposal. Council Member Duff arrived at the meeting. Danielle Shaw, Community Services Coordinator, noted that staff had already met with Mr. Combs and he had answered their questions concerning the development. Consensus of the Council was to proceed with a resolution of support for the project. B. ID 18-221 Receive a report, hold a discussion, and give staff direction regarding current City of Denton facilities and how to proceed with planning for future space needs regarding the Denton Service Center, Traffic Operations Building, and storage facility located at 651 Mayhill Road. Mario Canizares, Assistant City Manager, presented a municipal facilities update in terms of the Transportation Operation Building and Service Center. Topics discussed included history, issues being addressed, assumptions used in the analysis, options to solve the issues, financial implications, how to improve operations/customer service and direction. The city facilities in the Service Center campus were reviewed along with issues with the current configuration and user availability. Previous assumptions and current assumptions for the building were noted. Options for usage of the space were presented and included moving Purchasing/Materials Management to 651 Mayhill. Completing that move would free up space at the Service Center. The proposed usage of that space was noted as well as the cost components. The Traffic Operations Building City of Denton City Council Minutes February 13, 2018 Page 2 components were discussed. Assumptions used and project status were presented including the alternative option to relocate to 651 Mayhill. Funding proposals for the project were noted. Council discussed how the proposal fit into the Facilities Master Plan; the need to get Development Services out of their current location before considering this proposal; consider incorporating a community meeting room space into the design; present information on how the architect design fees were determined, and reconsider the funding scenarios for portions of the project. Consensus of the Council was to proceed with the recommendation as presented by staff. C. ID 18-222 Receive a report, hold a discussion, and give staff direction regarding an overview of homelessness initiatives and research on tent encampments. Sarah Kuechler, Director of Public Affairs and IGR, provided the update on homelessness initiatives. Gary Henderson, Executive Director of United Way, presented a history of the issue in terms of the organizations that initially undertook the task. Those included the Mayor's Housing Initiative and the Homeless Task Force and the Denton County Homelessness Leadership Team (DCHLT). The DCHLT implemented a Coordinated Entry System for Denton County. The components of the System were noted. Danielle Shaw, Community Services Coordinator, presented data regarding the exact housing needs, the gap that existed, the common barrier and what new program/services were needed. She noted moving forward with DCHLT in terms of barriers funding, housing solutions and data dashboard. Council discussed the amount of available housing units for the housing issue and duties of the Housing Navigator. Shaw continued with City of Denton contributions which included providing a facility for a shelter and provide personnel and public safety resources. Shaw addressed the issue of tent cities, why individuals chose not to use shelters, what role the city took, pros and cons of the issue, and recommended next steps. Council discussed that next steps might consider how much spending had been done county-wide on the issue; consider focusing on a shelter for families; funding a housing navigator; and work with shelters on hours of operations. Sgt. Frank Padgett of the Denton Police Department presented information on tent city usage by the homeless and the public safety standpoint. Council debated what had been done so far regarding the homeless and what was still needed to be done. They suggested holding a discussion regarding the housing navigator in terms of cost and benefits. Next steps might include how to draw in other communities to assist with the issue; details on what the next steps might be in terms of business owners versus the homeless; a discussion on health care for the homeless; and mental health and substance abuse. City of Denton City Council Minutes February 13, 2018 Page 3 D. ID 18-223 Receive a report, hold a discussion, and give staff direction regarding the formation of a community focus group to review and provide recommended updates to the Parks and Recreation Department’s (PARD) Integrated Pest Management (IPM) program. Laura Behrens, Assistant Director of Parks and Recreation, presented the history of the IPM Program and the elements included in the IPM Program. The recommended review process was reviewed in terms of the formation of a community focus group and its related makeup plus the duties for the focus group. The estimated timeline for process was noted. Council suggested moving the UNT/TWU committee members to advisors to free up two more spaces for community members. Consensus was to proceed with the staff recommendation. E. ID 18-226 Receive a report, hold a discussion, and give staff direction regarding a proposed expedited competitive process for Professional Engineering services for the City’s public works infrastructure and the Capital Projects program. Todd Estes, City Engineer, reviewed information concerning the professional services RFQ process. He noted the background of this type of request with the intent to pre-qualify professional services consultants for current and future projects and potentially select at least one consultant per category of work for a task order contract. He noted the reasoning for the process, the current timeline in the RFQ process; and the next steps in the process. Council discussed whether every firm on the list would receive a project and not just one firm receiving all of the contracts; the time frame for the contracts; and to be mindful of the costs involved. F. ID 18-259 Receive a report, hold a discussion and give staff direction regarding potential polling locations for the May 5, 2018 City Council election. Jennifer Walters, City Secretary, presented information on the current City Council polling locations, proposed additional locations for each Council district and associated County precincts with each of the polling locations. She noted that the additional locations would only be for Election Day. Voters were able to vote at any of the Early Voting locations throughout the County. Council discussed the proposed additional locations. It was suggested to contact the DISD for the use of Pecan Creek Elementary School for District One, Billy Ryan High School for District Two and LA Nelson Elementary School for District Four. Fire Station #7 was proposed for the District Four additional voting location. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. ID 18-261 Consultation with Attorneys - Under Texas Government Code, Section 551.071. City of Denton City Council Minutes February 13, 2018 Page 4 Consult with the City’s attorneys regarding status and legal issues associated with an engagement to complete an audit and investigation previously initiated by the City’s former Internal Auditor, and legal analysis relating to preliminary findings associated with said audit and investigation, where a public discussion associated with these legal matters would clearly conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Following the completion of the Closed Meeting, the City Council convened in a Special Called Meeting. 1.ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 18-262 A. ID 18-262 Consider adoption of an ordinance authorizing the amended engagement of the law firm of Lynn, Ross and Gannaway, LLP, and the BKD, LLP accounting firm, to complete a previously initiated audit and investigation, pursuant to the terms of the attached revised contract for professional services; and further amending the previously authorized expenditure of budgeted funds for this engagement, in an amended amount for past and anticipated professional fees and expenses, not to exceed the aggregate and inclusive amount of $142,000; repealing, superseding, and replacing in its entirety Ordinance 2017-368; and providing an effective date. Jerry Drake, Deputy City Attorney, presented the details of the ordinance for the amended engagement of BKD/LRG for an audit investigation. Julia Gannaway, Lynn, Ross and Gannaway, reviewed preliminary actions involved in the investigation. She presented the actions that were taken in Phase II and the reasons for the need of the amended engagement. Council Member Ryan motioned, Council Member Hudspeth seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "nay", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", and Mayor Watts "aye". Motion carried with a 5-1 vote. 2. PUBLIC HEARINGS A. A17-0006b Hold the second of two public hearings for a voluntary annexation of approximately 0.30 acres of land generally located on the east side of Old Alton Road, south of the intersection of Old Alton Road and Teasley Lane. The Mayor opened the public hearing. Cindy Jackson, Senior Planner, presented the background information on the proposed annexation including location and the annexation schedule. No one spoke during the public hearing. City of Denton City Council Minutes February 13, 2018 Page 5 The Mayor closed the public hearing. There was no action required on this item at this time. 3. CONCLUDING ITEMS A. 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. Council Member Briggs requested a report regarding a pediatric unit at the two hospitals. Council Member Duff requested a discussion on PIDs. Council Member Gregory asked for a staff report or Work Session on enforcement of the ordinance regarding credit access businesses. Mayor Watts requested a report on the DEC budget pro forma for fixed costs plus a projection on variable costs of DEC. With no further business, the meeting adjourned 6:15 p.m. __________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 15, 2018 The Denton City Council and City staff hosted a State of the City on Thursday, February 15, 2018 at 6:00 p.m. in the Embassy Suites by Hilton Denton Convention Center, 3100 Town Center Trail, Denton, Texas. The Denton City Council, City staff, and other community members gathered to share the City’s major milestones from the past year and key priorities for the future, as well as offer opportunities to get involved in the community. The following Council Member were present: Mayor Watts; Council Member Briggs; Council Member Gregory; Council Member Duff and Council Member Hudspeth. Absent were Mayor Pro Tem Bagheri and Council Member Ryan. 7:00 p.m. – Mayor Watts gave a formal presentation about Denton growth and development, capital improvements, and city-wide accomplishments and goals. 6:00-8:30 p.m. - City staff hosted an engagement fair to provide information about programs and happenings in the community. _______________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS ________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 20, 2018 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, February 20, 2018 at 12:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff, Council Member Ryan, Council Member Gregory, Mayor Pro Tem Bagheri, and Mayor Watts. ABSENT: None. 1. Citizen Comments on Consent Agenda Items There were no citizen comments on Consent Agenda items. 2. Requests for clarification of agenda items listed on the agenda for February 20, 2018. Staff responded to Council's requests for clarification on the following items: Council Member Briggs – Consent Agenda Item B; pull Consent Agenda Item E for Closed Session; Consent Agenda Item I; and pull Consent Agenda Item O for separate consideration Council Member Gregory – Consent Agenda Item O Mayor Pro Tem Bagheri - pull Consent Agenda Item E for separate consideration Mayor Watts - Public hearing procedures for the listed items Council Member Hudspeth – Consent Agenda Item C; pull Consent Agenda Item F for separate consideration; pull Consent Agenda Item G for separate consideration; Item M 3. Citizen Comments on Ethics Related Work Session Report Items There were no citizen comments on the Ethics related Work Session item. 4. Work Session Reports A. ID 18-301 Receive final reports from the Lynn, Ross, and Gannaway, LLP law firm and the BKD, LLP accounting firm, regarding the Council-initiated completion of an investigation of the Denton Parks Foundation, as originally initiated by the City’s Internal Auditor, prior to his resignation and departure. The Council reserves the right to provide general direction to City staff regarding next steps and future funding and operations of the Parks Department. Julia Gannaway, Lynn, Ross and Gannaway, presented background information on the initial investigation. Todd Burchett, BKD, reviewed the scope of work for the phases of the investigation. Gannaway then reviewed the timeline of the investigation. Burchett listed the concerns that were investigated, methods used for the investigation, cooperation received from the City and the Foundation. City of Denton City Council Minutes February 20, 2018 Page 2 Gannaway continued with the cooperation received from the Foundation and presented a timeline of what was requested and the results of those requests. She presented the conclusions of the investigation. Julia Mast, BKD, presented the conclusions from the audit in terms of a written policy on how to conduct business with the Foundation, the scope of assistance from the City that went into a Foundation project and the procedures for donations and expenditures. She also noted the usage of City/Park employees for various projects. Gannaway noted an ongoing disagreement between the City and the Foundation regarding two Eureka 2 expenditures. Mast stated that a Park Department staff report presented to Council was inaccurate in terms of ROI, amount raised by the Foundation and did not account for the additional investments by the City for office space, personnel, etc. Gannaway then reviewed a conclusion regarding the Foundation selling advertising on its property and no agreement to do so. Mast reviewed the conclusion of an investigation regarding the collection of an Enhancement Fee which was deposited to the Foundation. Recommendations assumed that the City and Foundation would continue forward. Those recommendations included an agreement with the Foundation for clarification of boundaries; develop policies and procedures around the interactions between the City and the Foundation; define ROI calculations; and define a reporting mechanism for the Executive Director of the Foundation to report to someone at the City other than the Parks Director. Regarding the Youth Enhancement Fee, the fees should be remitted to the City and be responsible for the administering of those funds. A request should be made for an accounting from the Foundation for the funds collected and disbursed. City operations recommendations included a Code of Conduct policy; perform annual conflict of interest disclosures for Council and department heads; require that any receipt of money donated to the City or for Parks have documentation through written donor agreements. Recommendations for the Foundation included implement control processes for cash handling and procurement; develop a conflict of interest policy and a code of conduct policy; have more timely entry of financial transactions and include accounting procedures. Council discussed: Total cost for Eureka 2 with ROI calculations Regarding the Enhancement Fee, whether the City needed to provide a tax donation form for those who paid those fees The City and Foundation did not collect the Enhancement Fee, the sports organizations collected it and wrote a check to the City Details regarding the statement of an ongoing disagreement between City and Foundation regarding Eureka 2 expenses Discussion on whether recommendations regarding a relationship with the Foundation were feasible Steps towards the correction of City issues as noted in the report The feeling that there might be an uncertain future relationship with Foundation City of Denton City Council Minutes February 20, 2018 Page 3 B. ID 18-247 Receive a report, hold a discussion, and give staff direction regarding the development of an ethics ordinance including, but not limited to, a discussion on complaints, investigations, dismissals, hearings, and sanctions, from attorney Alan Bojorquez. Alan Bojorquez stated that this module would include Complaints, Investigations, Dismissals, Hearings, and Sanctions. The complaints section included who could file a complaint, if there would be statutory limitations on the complaints, include a blackout period, whether the complaint would be in writing on a form provided by the City with a sworn statement, who would accept the complaint, whether the complaint would need to reference a particular section of the Ethics Code and have accompanying documents, who would determine if the complaint was administratively complete, whether to maintain confidential while the matter was pending and whether to restrict ex parte communications while a complaint was pending. Council discussion included: The City would devise a complaint form A complaint would be filed with the City Auditor The complaint would need to reference a particular section of Code that was believed to have been violated General categories of the Code could be referenced versus specific subsections of the Code Evidence such as statements/documents evidencing the alleged violation would need to be provided The City Auditor would determine whether the complaint was administratively complete Regarding preserving confidentiality of a complaint while it was pending, the discussion centered on compliance with the Open Records Act, how much to keep confidential and the time period, and who did the pre-screening. Consensus was to keep the complaint confidential while being evaluated Once the complaint was filed and was determined to be a verified complaint there would be no communications to Council by the complainant and accused. Investigation topics included whether the investigations would occur outside a formally posted hearing, who would performed the initial inquiry to determine whether the complaint was valid, and what would happen to the complaint if determined to be invalid. Council discussed: The need for some mechanism to evaluate and dismiss a complaint if it was not a proper complaint. A suggestion for a sub-committee to recommend to move ahead or dismiss a complaint in writing and the entire Board would consider Consider rotating a set of attorneys to review the complaints If everything was going to the Board, there would be no need for a subcommittee The Dismissal section dealt with providing for a mechanism for dismissing complaints early in the process and what the process would be for administration of incomplete complaints. City of Denton City Council Minutes February 20, 2018 Page 4 Consensus of the Council was that a complaint that was not complete would not be considered and would be returned with a letter providing notice of what was incomplete. Hearings centered on rules of procedure for hearings and whether to establish an Administrative Hearing Officer or process appeals through the State District Court. Council discussion included: Allowing the Board of Ethics to set their own rules Allow the Board to set up their procedures to allow for fairness on both sides Consider having the Board propose rules and let Council approve them – Council to provide basic guidance and let the Board proceed from there. It would be the burden of the complainant to prosecute the complaint and the complainant’s responsibility to bring the case to the Board. The Board would be allowed to ask questions The complaint would not be appealed past the Administrative Hearing Officer The Sanctions discussion included whether to provide for disqualification from future complaints and whether to provide for punishment for frivolous complaints. Council discussion included: Consider following the San Marcos Code In terms of disqualification from future appointments to boards/commissions, consider disqualification from future appointments if the findings were at a level of recommendation for removal In terms of vendors, consider a period of disqualification rather than a total ban, perhaps a two year time period No punishment for frivolous complaints but the Board could provide a letter to a complainant about a frivolous complaint No criminal element but consider a fine for a frivolous complaint as there needed to be a certain level of accountability when submitting complaints Bojorquez asked about the number of people on the Board. Council had initially agreed to five members with two 2 alternates. Additional questions were how the members would be nominated and whether specialized training would be required. Consensus of the Council was to have a seven member Board with a three member subpanel. C. ID 17-1682 Receive a report, hold a discussion, and give staff direction regarding the Solid Waste department’s landfill vegetative buffer and maximum landfill height proposed in permit amendment. Ethan Cox, Director of Solid Waste, provided information on the landfill height and buffer zone. He reviewed the background of the issue including citizen concerns, landfill expansion, and buffer zone. The statistics detailing the existing height of the landfill, the TCEQ permit 1590A and the TCEQ permit 1590B were presented. Council discussed TCEQ procedures. City of Denton City Council Minutes February 20, 2018 Page 5 Cox detailed a chart comparison of height versus capacity versus site life of the landfill. The remaining permit process and recommendation were presented. Cox continued with the buffer zone overview. He noted the buffer definition, the requirements with the current TCEQ Permit 1590A and the notations from the specific use permit elements for landscaping and screening. A typical SUP buffer example was reviewed. He noted the history and current state of the buffer zone along with recent and current challenges. The future state of the site was impacted by transmission lines and the Mayhill construction. The Plan of Action included working with the landscape architect on tree species, location and planting schedule with irrigation system and maintenance plan and provided a project timeline outside the wall and behind the wall. Council discussed whether the SUP required plantings behind the wall; placement of the anticipated transmission line; variables associated with the Mayhill Road construction; effect of non-compliance of the SUP; and think outside the box for solutions. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. ID 18-273 Deliberations regarding a Personnel Matter - Under Texas Government Code, Section 551.074. Deliberate and discuss the evaluation, duties, discipline, procedures and contract of the Municipal Judge. The following item was also considered in Closed Meetings under Real Property – Tex. Govt. Code, Sec. 551.072 and Consultation with Attorney – Tex. Govt. Code, Sec. 551.071/ B. ID 18-233 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a contract of sale by and between James L. Richards and Michelle Marie Sellers Richards (Collectively "Seller") and the City of Denton, Texas ("Buyer"), regarding the sale and purchase of an approximate 0.320 acre tract, more or less, as more fully described in that deed recorded in Volume 5223, Page 477 of the Deed Records of the Denton County, Texas (The "Property"), for the purchase price of one hundred sixty thousand and no/100 dollars ($160,000.00), and other consideration, as prescribed in the contract of sale; authorizing the expenditure of funds therefor; and providing an effective date. (700 Audra - Mack Park Assemblage). Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall. 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. City of Denton City Council Minutes February 20, 2018 Page 6 2.PROCLAMATIONS/PRESENTATIONS A. ID 18-243 Texas Music Friendly Community Mayor Watts presented the proclamation for the Texas Music Friendly Community. B. ID 18-263 IHOP’S National Pancake Day and Shriners Hospitals For Children Day Mayor Watts presented the proclamation for IHOP'S National Pancake Day and Shriners Hospitals for Children Day proclamation. C. ID 18-264 American Heart Month Mayor Watts presented the proclamation for American Health Month. D. ID 18-303 Boy Scout Troop 65 Day Mayor Watts presented the proclamation for Boy Scout Troop 65 Day. 3. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council and B Receive Scheduled Citizen Reports from Members of the Public. 1. ID 18-307 Tim Crouch regarding the Parks Foundation report. Mr. Crouch presented background information on the formation of the Park Foundation. He noted that the Park Foundation did not collect the Park Enhancement fee but rather the youth sports programs collected it. The Foundation held the funds until a project was needed for the funds. 2. ID 18-308 Tim Smith regarding the relationship between the Denton Parks Foundation and Denton Parks & Recreation Department. Mr. Smith talked about the future of the Foundation in terms of board members, relationships in the community and recommendations from the City investigation. C. Additional Citizen Reports – There were no additional citizen reports. 4.CONSENT AGENDA Council Member Briggs motioned, Mayor Pro Tem Bagheri seconded to approve the Consent Agenda and accompanying ordinances and resolutions with Items E, F, G and O to be considered individually. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. City of Denton City Council Minutes February 20, 2018 Page 7 Ordinance No, 18-154 A. ID 18-154 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas, and Denton Music and Arts Collaborative to enable them to continue its programs that support and encourage the creative arts in the city; authorizing the expenditure of funds; and providing for an effective date. ($400) Ordinance No. 18-161 B. ID 18-161 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, providing for, authorizing, and approving the purchase of three (3) American Signal Corporation early warning sirens to supplement the sixteen (16) existing American Signal Corporation sirens currently in place at various locations throughout the City of Denton and which are essential for the safety of the citizens of Denton. Gifford Electric Inc. is the sole-source vendor for the distribution and maintenance of the American Signal Corporation siren products. Therefore this system is available from only one source and in accordance with Texas Local Government Code 252.022, provides that procurement of commodities and services that are available from one source are exempt from competitive bidding; and if over $50,000 shall be awarded by the governing body; which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 6657 awarded to Gifford Electric Inc. in the not-to-exceed amount of $94,992). Resolution No. R18-224 C. ID 18-224 Consider approval of a resolution of the City Council of the City of Denton, Texas, establishing criteria for the City to disburse funds from the Economic Development Sponsorship Program; and providing for an effective date. Approved the minutes listed below. D. ID 18-228 Consider approval of the minutes of January 5, January 9, January 16, and January 27, 2018. Resolution No. R18-254 H. ID 18-254 Consider approval of a Resolution by the City of Denton, Texas, approving the grant application for "Rifle Grade Protection" project for fiscal year 2018 to the Office of the Governor; authorizing the City Manager or his agents official authority over this project; declaring an effective date; and requiring delivery of the Resolution to the Office of the Governor; and providing an effective date. Ordinance No. 18-257 I. ID 18-257 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Children’s Advocacy Center for Denton County, Incorporated for providing aid to the City of Denton Police Department in the investigation of child abuse cases; providing client and clinical services to victims of child abuse and non-offending family members; providing for City of Denton City Council Minutes February 20, 2018 Page 8 the expenditure of funds in the amount of $144,897; therefor; and providing for an effective date. Ordinance No. 18-281 J. ID 18-281 Consider adoption of an ordinance of the City of Denton, a Texas home- rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of one (1) Pierce Velocity Pumper Engine and associated equipment for the City of Denton Fire Department; and providing an effective date (File 6740 - awarded to Siddons-Martin Emergency Group in the amount of $919,864). Ordinance No. 18-285 K. ID 18-285 Consider adoption of an ordinance of the City of Denton, a Texas home- rule municipal corporation, authorizing the expenditure of funds for payment by the City to Texas Commission of Environmental Quality for waste disposal fees; and providing an effective date (File 6737- Waste Disposal Fee in the total amount of $280,000). The Public Utilities Board recommends approval (6-0). Ordinance No. 18-287 L. ID 18-287 Consider adoption of an ordinance of the City of Denton, a Texas home- rule municipal corporation, accepting competitive bids and awarding a contract for the supply of Phase Over Phase 138kV Pole Mounted Gang Operated Air Break ("GOAB") Switches for Denton Municipal Electric to be stocked in the City of Denton Distribution Center; providing for the expenditure of funds therefor; and providing an effective date (IFB 6628-awarded to the lowest responsible bidder meeting specification, Southern States LLC in c/o Preferred Sales Agency, in the three (3) year not-to-exceed amount of $420,000). Ordinance No. 18-288 M. ID 18-288 Consider adoption of an ordinance of the City of Denton, a Texas home- rule municipal corporation, authorizing the City Manager, or his designee, to execute a Professional Services Agreement with Gee Consultants, Inc., a Texas Corporation, for construction materials testing services as set forth in the agreement, and providing an effective date (RFQ 6589- Professional Services Agreement for construction materials testing awarded to Gee Consultants, Inc. in the not-to-exceed amount of $750,000). Ordinance No. 18-295 N. ID 18-295 Consider approval of a resolution of the City of Denton, Texas evidencing support for the proposed new construction of Palladium Teasley Apartments in Denton; and authorizing such other actions necessary or convenient to carry out this resolution. The items pulled for separate consideration were considered. City of Denton City Council Minutes February 20, 2018 Page 9 Ordinance No. 18-233 E. ID 18-233 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a contract of sale by and between James L. Richards and Michelle Marie Sellers Richards (Collectively "Seller") and the City of Denton, Texas ("Buyer"), regarding the sale and purchase of an approximate 0.320 acre tract, more or less, as more fully described in that deed recorded in Volume 5223, Page 477 of the Deed Records of the Denton County, Texas (The "Property"), for the purchase price of one hundred sixty thousand and no/100 dollars ($160,000.00), and other consideration, as prescribed in the contract of sale; authorizing the expenditure of funds therefor; and providing an effective date. (700 Audra - Mack Park Assemblage) Laura Behrens, Assistant Director of Parks and Recreation, presented the details regarding the purchase of property at the northwest corner of Mack Park. The purchase would provide secondary access to the park which was essential for future development. The objective of the purchase and funding for the purchase was reviewed. Council Member Hudspeth motioned, Council Member Briggs seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. Resolution No. R18-244 F. ID 18-244 Consider approval of a resolution of the City Council of the City of Denton, Texas, approving the 2017 Tax Increment Financing Reinvestment Zone Number One (Downtown TIF) Annual Report; and declaring an effective date. Julie Glover, Economic Development Program Administrator, presented the Downtown TIF annual report for Council consideration. She reviewed the boundaries of the Downtown TIF, the background of the TIF, project plans, projects currently funded through the TIF and future proposed projects. She noted that the annual report was a state requirement which was submitted to the State Comptroller of Public Accounts. Mayor Pro Tem Bagheri motioned, Council Member Hudspeth seconded to approve the resolution. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. Resolution No. R18-253 G. ID 18-253 Consider approval of a resolution of the City Council of the City of Denton, Texas, approving the 2017 Tax Increment Reinvestment Zone Number Two (Westpark TIRZ) Annual Report; and declaring an effective date. Caroline Booth, Director of Economic Development, presented the information concerning the Westpark TIRZ annual report. The boundaries of the zone were noted as well as participation in the TIRZ, TIRZ projects, and the requirement of the submittal of the annual report to the State Comptroller of Public Accounts. City of Denton City Council Minutes February 20, 2018 Page 10 Council Member Ryan motioned, Council Member Gregory seconded to approve the resolution. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. Resolution No. R18-302 O. ID 18-302 Consider approval of a resolution authorizing election day polling locations for the City Council election to be held on May 5, 2018. Jennifer Walters, City Secretary, reviewed the four additional polling locations that would be added for the May 5, 2018 City Council election. She noted that County precincts that would be associated with each of the polling locations. Paxton Swisher submitted a Speaker Card and advocated for more voting locations on or in walking distance from UNT. Suggested locations on campus were noted. Shane Warren submitted a Speaker Card and also advocated for a voting location on the UNT campus. Mayor Pro Tem Bagheri suggested contacting Denton County for a possible Early Voting location at UNT and TWU. Council Member Gregory motioned, Mayor Pro Tem Bagheri seconded to approve the resolution. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. 5.ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS There were no items to consider for eminent domain. 6.ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 18-277 A. ID 18-277 Consider adoption of an ordinance of the City of Denton, Texas authorizing a pilot bicycle share permit program; establishing the rules and regulations for the pilot bicycle program and the provisions for enforcement thereof; establishing a fee schedule for the permit program; proving a penalty clause; providing a severability clause; and declaring an effective date. Mark Nelson, Director of Transportation, presented information on the stationless bike share ordinance. He noted the goals of the proposed ordinance, key elements, key policy revisions to the original draft, an additional clause regarding UNT and TWU bike share agreements, and direction requested by staff regarding the proposal. Key points of Council discussion included: City of Denton City Council Minutes February 20, 2018 Page 11 Wanting an ordinance to assist with a bike share program but also make the operators responsible for their bikes Reword the clause in the ordinance dealing with parking bikes in transit zones which contradicted working with DCTA Limit the number of bikes allowed per vendor which might be too low for the vendors to have adequate staff to take care of monitoring the locations of the bikes Procedures related to the process for locations of the virtual racks Consider reducing the amount of deposit and time to replenish Procedure on how long to maintain bikes in impound and what to do with them if they were not collected Currently there was no data to support where the virtual bike racks were needed and how they would impact the City's right-of-ways, especially with the number that will be needed Consider lowering the time period for the pilot program Had there been discussions with the bike companies on multi-family or commercial property relative to charges for the bikes Consider acknowledging where the bikes were whether on private or public property Mayor Pro Tem Bagheri motioned, Council Member Briggs seconded to adopt the ordinance amending the amount of escrow to $2,000 to be replenished within 30 days, striking the conflicting wording regarding the transit zones, adding distance as a reportable item and reducing the time period of the pilot program to six months. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance No. 18-292 B. ID 18-292 Consider adoption of an ordinance of the City Council of the City of Denton, a Texas home-rule municipal corporation, providing for, authorizing, and approving the execution by the City Manager, or his designee, of Pipeline Transportation Agreement between the City of Denton and Atmos Pipeline - Texas, a division of Atmos Energy Corporation, a Texas and Virginia Corporation; allowing the public to inspect the contract as redacted; providing an effective date. The Public Utilities Board recommends approval (6-0). (File 6743) Ethan Cox, Director of Solid Waste, presented background information regarding a pipeline agreement for a CNG fueling station with Atmos Energy. This was a transportation agreement for the natural gas. He noted the projected savings. Council Member Hudspeth motioned, Council Member Ryan seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Council Member Briggs "nay". Motion carried with a 6-1 vote. City of Denton City Council Minutes February 20, 2018 Page 12 7. PUBLIC HEARINGS Ordinance No. Z17-003b A. Z17-0003b Hold a public hearing and consider adoption of an ordinance to rezone approximately 11.42 acres from a Community Mixed Use General (CM-G) District to a Neighborhood Residential Mixed-Use (NRMU) District. The property is generally located on the east side of Sam Bass Boulevard and north of Londonderry Lane in the City of Denton, Denton County, Texas. (Z17-0003b, Coventry II Apartments, Hayley Zagurski). Council Member Ryan questioned the need for this public hearing as once Item C went into effect there would not be a need to rezone Item A. Staff responded that the applicant wanted to proceed with the public hearing. The Mayor opened the public hearing. Hayley Zagurski, Senior Planner, presented information for both Items A and B regarding the change in zoning and the request for a specific use permit. She noted the two requests from the developer, the site data, criteria for approval for the rezoning, compatibility of the proposal and staff and Planning and Zoning Commission’s recommendation. The information concerning the SUP was noted. The SUP would allow for multifamily development. An analysis of the proposal was noted in terms of consistency with the Denton Plan 2030 Future Land Use, as well as public notification and recommendation for approval with a condition. Staff and the Planning and Zoning Commission recommended approval. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Hudspeth motioned, Mayor Pro Tem Bagheri seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance No. S17-0011b B. S17-0011b Hold a public hearing and consider adoption of an ordinance for a Specific Use Permit to allow for a multi-family residential use on 10.68 acres of land. The property is generally located on the east side of Sam Bass Boulevard and north of Londonderry Lane in the City of Denton, Denton County, Texas. (S17-0011b, Coventry II Apartments, Hayley Zagurski). This item was considered with Item A. Council Member Gregory motioned, Council Member Ryan seconded to adopt the ordinance with conditions noted. On roll call vote, Council Member Hudspeth "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Council Member Briggs "nay". Motion carried with a 6-1 vote. City of Denton City Council Minutes February 20, 2018 Page 13 Ordinance No. DCA18-0001a C. DCA18-0001a Hold a public hearing and consider adoption of an ordinance regarding a proposed revision to the Denton Development Code; specifically to amend the limitations in Subchapter 5 Zoning Districts and Limitations related to mixed-use development requirements for multi-family uses. (DCA18-0001a, Mixed Use Code Update, Hayley Zagurski). Hayley Zagurski, Senior Planner, presented details concerning the background for the request. She noted how this proposal would affect across the zoning district, the proposed change to eliminate the L(c) condition, considerations for the requested change, the continuation of the L (4) condition; public notification and recommendation of approval. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Hudspeth motioned, Council Member Ryan seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. 8. CONCLUDING ITEMS A. 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 Mayor Pro Tem Bagheri requested a Work Session regarding the DCTA board composition and Council position on the board composition; plus goals for DCTA. Mayor Pro Tem Bagheri asked for staff assistance to obtain additional train service for Arts and Jazz. Council Member Briggs requested an update on the tree code. City of Denton City Council Minutes February 20, 2018 Page 14 Council Member Briggs requested a staff update on an inclusive play park for special needs children. Council Member Hudspeth requested adding Council's name and votes to ordinances. Council Member Gregory requested a report on how much area had been removed from the flood plain since 2007 and what still needed to be done to address those issues. B. Possible Continuation of Closed Meeting topics, above posted. There was no continuation of the Closed Meeting. With no further business, the meeting was adjourned at 9:03 p.m. __________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 27, 2018 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, February 27, 2018 at 12:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff, Council Member Ryan, Council Member Gregory, Mayor Pro Tem Bagheri, and Mayor Watts. ABSENT: None. 1. Citizen Comments on Consent Agenda Items There were no citizen comments on Consent Agenda items. 2. Work Session Reports A. ID 18-145 Receive a report, hold a discussion, and give staff direction regarding the Texas Commission on the Arts’ Cultural Districts Program. Caroline Booth, Director of Economic Development, provided a staff report Cultural Districts. The background regarding the cultural district program was presented which included the definition of a cultural district, a district did not obligate property owners to any type of financial obligation, and was used as a marketing tool for communities. There were currently 30 communities in Texas with a cultural district designated by the TCA with some communities designating districts locally instead of through TCA with no TCA grant funds available by this method. The benefits and challenges of the district were noted. Council discussed whether HOT funds could be used and staffing and administration needs in the short term and long term. Booth continued with cultural district success factors as well as key points and potential next steps. Council discussed whether to seek a TCA designation; costs involved with the designation; inclusion of the Convention and Visitors Bureau or transferring it to the CVB. Consensus was to proceed on a parallel tract with stakeholder meetings for both types of designations in mind while working through the planning process. B. ID 18-146 Receive a report, hold a discussion, and give staff direction regarding the City’s Policy for Tax Abatement and Incentives. Caroline Booth, Director of Economic Development, provided an update on the policy for tax abatement and incentives. She noted prior action on these items and the consensus revisions to the policy. The prior Council direction was reviewed and the proposed next steps for consideration. Council discussed DCAD valuations and a minimum threshold; circumstances surrounding new construction versus an upgrade on a project in terms of valuation; consider agreements on a case City of Denton City Council Minutes February 27, 2018 Page 2 by case basis; consider amendments to incentives; and consider a policy with an amendment process included C. ID 18-256 Receive a report, hold a discussion, and give staff direction regarding the schedule of miscellaneous fees, deposits, billings and procedures for administrative services to city utilities customers contained in Ordinance No. 2016-276; amending the provisions of the account connection and reconnection charges; amending the provisions of the miscellaneous fees, charges and deposits; providing for a repealer; providing for a severability clause; providing for an effective date. The Public Utilities Board recommended approval (6-0) of Option 2 for the AMI opt-out option with the proposed Customer Service fees and changes. JR Richardson, Superintendent of Electric Metering, presented the report on the Opt-Out programs for the automated electric meters. He noted the safety studies done on the radio safety of the AMI wireless meters along with the Opt-out disadvantages to the customers. The Opt-out disadvantages to Utilities was presented and noted other Utilities in Texas with an Opt-out program and any associated rates/fees. Options for the Opt-out program were presented. Staff and PUB recommended the Opt-out program with associated fees. Council consensus was to proceed with Option 2 with notification to those who opt-out that the City would not be able to monitor whether their service had been disrupted. D. ID 18-293 Receive a report, hold a discussion, and give staff direction regarding the City’s Hotel Occupancy Tax Program. Tony Puente, Director of Finance, presented the objectives of the discussion on the Hotel Occupancy Tax (HOT) program. He noted the legal framework in terms of the Texas Tax Code and the City ordinance. Revenue collection information was note in terms of Tourist & Convention Fund and lodging establishment. Revenue allocation included information on the Council HOT Committee and the duties the Committee performed in terms of revenue allocations; and the HOT recipients. He noted the 2019 calendar for determining the allocation of the funds. Council discussed several of the specific recipients listed for the HOT funds, consider requiring applicants receiving funding to use local providers; transparency in using social media vendors; consider attesting to the facts contained in the application; standardize the application; consider not providing an across the board increase in funding but have an incentive process for increases. Council also discussed historical restoration/preservation of funds and the public art component. Consider sending out a spreadsheet of the recipients and have Council rank them and include the cultural district for potential funding. E. ID 18-294 Receive a report, hold a discussion, and give staff direction on preliminary research and options for the availability of restrooms in the downtown area. Sarah Kuechler, Director of Public Affairs and IGR, reviewed the report concerning public restrooms in the downtown area. She noted the availability and use of public restrooms currently in the downtown. Options on a high level included increased education through communication on where current public restrooms were located, extend the hours of the Welcome Center, purchase City of Denton City Council Minutes February 27, 2018 Page 3 and install restrooms; and automated self-cleaning restrooms. A comparison of each of the options was noted. Planned improvements were presented. Council discussed the various options presented including: Consider partnering with the Community Health Clinic for a presence in the downtown area Consider using Williams Trade Square for the location of a conventional restroom The use of a mobile facility would allow for it to be moved to different locations for events Investigate the addition of hours to the Visitors Center with compensation for maintenance and supplies Include the communication segment with any option considered Consider only increased education and extended hours at the Visitor Center rather than a facility. Kim Phillips, Discover Welcome Center, presented the issues of security in the Center due to the use of the restrooms and the increased staff necessary to maintain the restrooms. Council continued their discussion noting: Incorporating a police officer at the Center for added security Budget determinations for security and maintenance of the facilities Whether the issue involved the homeless in the downtown area and how adding restrooms in the area would or would not take care of the perceived situation with the homeless. The issue at this meeting was for additional restrooms in the downtown area and not a first aid station to assist homeless individuals. That issue would be a good additional work session discussion. Consider increased education of available public restrooms in the downtown area Consider leasing a mobile unit for special events or when needed to see how effective it would be Consider a mobile restroom during the Community Market as a test for usage Whether a mobile unit could be on a lease/purchase agreement Placement options, cost, stakeholder comments Return for an additional work session with data on the usage. F. ID 18-297 Receive a report, hold a discussion, and provide direction to staff on recommended changes to residential parking standards. Richard Cannone, Interim Planning Director, reviewed specific recommendations for residential parking standards. He reviewed the recommendation to increase the minimum parking standards to four parking spaces with a minimum of two spaces in a garage for single family; duplexes would be four spaces per dwelling with a minimum of 2 spaces in a garage with tandem parking in garages not counted as satisfying the parking requirement. Council discussion included: The proposed standards requiring a garage in the design of the developments The number of spaces that were proposed to be required for duplexes The requirement of a garage would not permit a later renovation of the garage into an additional living space City of Denton City Council Minutes February 27, 2018 Page 4 Consider infill provisions to match surrounding developed areas. Cannone continued with proposed multifamily parking standards. All multi-family regardless of the number of bedrooms would require one space per bedroom plus 10%. Recommendation 2 was to eliminate parking maximums. Council suggested having the Committee on the Environment consider Recommendation 2 in terms of runoff on impervious pavement. Cannone presented recommendations on On-street parking credits. He noted the fourth recommendation for parking dealt with compact, bicycle and motorcycle parking. Recommendation 5 dealt with administrative relief for parking spaces required. Council consensus included: Eliminate the requirement of a garage but have four parking spaces off street Make adjustment for three bedrooms or less Eliminate the maximum number of required spaces for multi-family and include one space/bedroom plus 10% of the minimum for visitor parking Allow for administrative variances for compact cars, bikes and motorcycles Make adjustments for one bedroom developments. For Recommendation 2, eliminate parking maximums, have the proposal go to the Committee on the Environment and/or have staff return with examples of taking pervious out of the recommendations. Recommendation 3, on-street parking credits, would only apply in front of the property and not across the street or neighboring property. Recommendation 4, compact cars, bicycle and motorcycle, have 5% of the total parking spaces Recommendation 5, administrative relief, no change from the staff recommendation Residential component to provide for infill on single family to match surrounding area; duplex not have to have garage; not have garage requirement for single family; exemptions to include infill and affordable housing; two car garage would equal four spaces; a one car garage provide for three spaces; and the policy question regarding the requirement of garages Following the completion of the Work Session, the City Council convened in a Special Called Meeting to consider the following items: 1.CONSENT AGENDA Ordinance No. 17-1659 A. ID 17-1659 Consider adoption of an ordinance of the City of Denton, Texas reappointing Robin A. Ramsay as Presiding Judge for the City of Denton Municipal Court of Record; establishing a term of office for the Presiding Judge beginning on the 4th day of March, 2018; and extending through the 3rd day of March, 2020; authorizing the Mayor to execute a contract for term of office; and ratifying terms of contract; and declaring an effective date. Council Member Gregory motioned, Mayor Pro Tem Bagheri seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council City of Denton City Council Minutes February 27, 2018 Page 5 Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance No. 18-271 B. ID 18-271 Consider adoption of an ordinance of the City of Denton, Texas, appointing Gregory L. Bertrand as Assistant Judge for the City of Denton Municipal Court of Record; appointing Dennis Engler as Assistant Judge for the City of Denton Municipal Court of Record; appointing Alison J. Grant as Assistant Judge for the City of Denton Municipal Court of Record; appointing Brian S. Holman as Assistant Judge for the City of Denton Municipal Court of Record; appointing James Horton as Assistant Judge for the City of Denton Municipal Court of Record; appointing Ann Poston as Assistant Judge for the City of Denton Municipal Court of Record; establishing terms of office for municipal judges in accordance with applicable state statutes; providing for renewal and extension of terms absent specific action by Council; authorizing the Mayor to execute a contract for term of office; ratifying terms of contract; and declaring an effective date. Council Member Gregory motioned, Mayor Pro Tem Bagheri seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. 2. CONCLUDING ITEMS A. 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. Council Member Hudspeth requested a Work Session on the downtown homeless issue. Mayor Watts requested a discussion with stakeholders regarding a performing arts center in Denton. Mayor Watts requested an Informal Staff Report on Denton losing its live music scene and losing interest in live music. City of Denton City Council Minutes February 27, 2018 Page 6 Mayor Watts requested a survey of surrounding cities in the larger Metroplex area that have a 4A or 4B Economic Development Corporation and the yearly contribution to those corporations. With no further business, the meeting was adjourned 4:52 p.m. __________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-323,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDentonauthorizinganagreementbetweentheCityofDenton, TexasandKeepDentonBeautiful,Inc.forthesponsorshipoftheGreatAmericanCleanup,DentonRedbud Festival,CommunityTreeGiveaway,NeighborhoodBeautificationGrants,EnvironmentalEducationGrants, andMuralArtInitiative;providingfortheexpenditureoffundstherefor;andprovidingforaneffectivedate. ($11,500) The Public Utilities Board recommends approval (6-1). City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT:Denton Municipal Electric CM/DCM/ACM: Todd Hileman DATE:March, 2018 SUBJECT Consideradoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Keep Denton Beautiful,Inc. for the sponsorship of the Great American Cleanup, Denton Redbud Festival, Community Tree Giveaway, Neighborhood Beautification Grants, Environmental EducationGrants, and Mural Art Initiative; providing for the expenditure of funds therefor; and providing for an effective date. ($11,500) BACKGROUND ThisAgreementallowsforthetotalexpenditureof$11,500 from DentonMunicipalElectric Sponsorship Funds undertheapproved City ofDenton Resolution R2017-050 (Exhibit 2). KeyprovisionsoftheAgreementinclude: Funds shall be used by Keep Denton Beautiful, Inc. for the following 2018 events: Great American Cleanup - $1,500 Denton Redbud Festival - $2,500 Community Tree Giveaway - $2,500 Neighborhood Beautification Grants - $2,500 Environmental Education Grants - $1,000 Mural Art Initiative - $1,500 PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board reviewed this item on February 26, 2018 and voted 6-1 in recommendation. FISCAL INFORMATION Funding for the Agreement will come from Denton Municipal Electric’s FY 2017-18 sponsorship fund. STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal:4.4 Provide and support outstanding leisure, cultural, and educational opportunities EXHIBITS 1.Agenda Information Sheet 2.Resolution R2017-050 3.Ordinance 4.Sponsorship Application Respectfully submitted: George Morrow General Manager of Electric Utilities Prepared by: Elizabeth Coulter Denton Municipal Electric Keep Denton Beautiful is a 501(c)(3) celebrating thirty years of work to keep Denton beautiful. The mission of Keep Denton Beautiful is to engage our community in creating a clean and beautiful Denton. Our vision is a clean, beautiful, and vibrant city! And our values are Volunteerism, Education, Stewardship of Resources, Community Aesthetics, and Grass Roots Involvement. Denton Municipal Electric has sponsored Keep Denton Beautiful Programs since 2008, and has been a long-time sponsor of the KDB Community Tree Giveaway, Great American Cleanup, and Denton Redbud Festival. DME is one of KD work to maintain and build-, which saves on electricity costs. KDB is proposing the following sponsorships for DME for 2018, which includes the DME name and logo on all promotional materials, including t-shirts (if applicable); listing on the KDB website, E--page ad in the Denton Record-Chronicle; and acknowledgement on KDB social media pages: Great American Cleanup Saturday, March 24, 2018 Bronze Level Sponsorship $1,500 Now in its thirtieth year, the Great American Cleanup is a community-wide litter cleanup that annually engages more than 2,000 volunteers to remove literal tons of trash and recycling from thousands of volunteers each year to make our City cleaner, greener, and more beautiful. Funds will be used for event t- shirts. Denton Redbud Festival Saturday, April 21, 201 Silver Level Sponsorship $2,500 Held at the Civic Center and Quakertown Park annual Arbor Day Celebration. Approximately 5,000 participants attend this indoor/outdoor and festival food. Funds will be used for t-shirts and other event needs. Community Tree Giveaway Saturday, October 27, 2018 Silver Level Sponsorship $2,500 Each year, KDB gives away thousands of free trees to Denton residents. Residents pre-register online and select their preferred tree species. On Event Day, over 800 cars will make their way through the City of Denton Landfill to receive their free tree and goodie bag, which includes a -shirts. Neighborhood Beautification Grants Presenting Sponsor $2,500 neighborhoods, nonprofits, and other community groups seeking to improve their neighborhood public spaces, beautify the community, or nurture a shared sense of neighborhood identity and community pride. Projects in past years have included neighborhood entryway signs and landscaping, community garden projects, and mural art. Environmental Education Grants Sponsor $1,000 -based environmental learning projects. Schools may request up to $500 per project, per year for projects that directly engage students in outdoor learning activities, campus improvement projects, and natural resource stewardship efforts. Projects in past years have included, vegetable/food gardens, tree planting, rainwater collection, and general campus beautification. Mural Art Initiative Sponsor $1,500 The Mural Art Initiative began in 2015 as a way to beautify Denton and instill community pride with painted mural artwork in key gateway points and neighborhood areas. Using a street-art aesthetic, the goal is to beautify and enliven public spaces, abate graffiti, and inspire community action to keep our city clean and beautiful. Three murals have already been completed; these funds will go towards a planned mural on the Union Pacific Railroad bridge crossing at the intersection of Dallas Drive, Bell Avenue, and Eagle Drive. KDB appreciates the long-running partnership it has enjoyed with DME since 2008, and we look forward to continuing that partnership. Keep Denton Beautiful, Inc. 2017 - 2018 Board of Directors List All Board Email: Board@kdb.org Lancine Bentley Kiersten Dieterle Kim Phillips At Large At Large At Large 2528 Jamestown Lane 1920 North Bell Avenue 2810 Nottingham Dr. Denton, TX 76209 Denton, TX 76209 Denton, TX 76209 (940) 453-1328 (c) (940) 808-9544 (214) 803-7558 (c) (940) 349-7489 (w) kdieterle@aol.com (940) 382-7895 (w) lancine.bentley@cityofdenton.com KDB Email: Kiersten@kdb.org kim@discoverdenton.com KDB Email: Lancine@kdb.org KDB Email: Kim@kdb.org Kathy Glasschroeder Secretary Gary Cocke Ali Silva At Large 303 N. Carroll Blvd, Ste 200 President 2018 Westwood Dr. Denton, TX 76201 815 Coit Street Denton, TX 76205 (940) 577-0245 (h) Denton, TX 76201 (940) 222-0118 (c) (940) 382-5600 (w) (214) 636-5635 (940) 369-8302 (w) kglass@coveragentx.com Alexandria.d.silva@gmail.com garycocke@hotmail.com KDB Email: Kathy@kdb.org KDB Email: Ali@kdb.org KDB Email: Gary@kdb.org Haywood Morgan Sonny Solis At Large At Large Christa Crowe Treasurer 500 S. I-35E Apt. 423 519 N. Austin Street 3320 Dunes St. Denton, TX 76205 Denton, TX 76201 Denton, TX 76209 (816) 260-4741 (c) (940) 483-8354 (940) 484-7361 (h) hmorganjr@gmail.com Bigcat_theory@hotmail.com (254) 723-2855 (c) KDB Email: Haywood@kdb.org KDB Email: Sonny@kdb.org cec1bkc@hotmail.com Katharine Wilcox KDB Email: Christa@kdb.org Vice President At Large 1825 Audra Lane 2320 Salado St. Denton, TX 76209 Denton, TX 76209 (408) 858-2451 (940) 206-9151 Mannix_oconnor@yahoo.com Katie@paintedflowerfarm.com KDB Email: Mannix@kdb.org KDB Email: Katharine@kdb.org City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-338,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute a Local Transportation Project Advance Funding Agreement (LPAFA) for a Congestion Mitigation and Air Quality (CMAQ) Improvement Project (construction of sidewalks for the Wilson and Pecan Creek Elementary School areas) with the Texas Department of Transportation (TxDOT) for receiving federal and state funding of $401,623, with a local match of $100,284, for a total project cost of $501,907; authorizing the expenditure of funds; and providing an effective date. City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/ DCM/ ACM: Mario Canizares DATE: March 20, 2018 SUBJECT Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute a Local Transportation Project Advance Funding Agreement (LPAFA) for a Congestion Mitigation and Air Quality (CMAQ) Improvement Project (construction of sidewalks for the Wilson and Pecan Creek Elementary School areas) with the Texas Department of Transportation (TxDOT) for receiving federal and state funding of $401,623, with a local match of $100,284, for a total project cost of $501,907; authorizing the expenditure of funds; and providing an effective date. BACKGROUND In April 2015, City Council at the time had approved an ordinance to execute a previous version of this agreement between the City and TxDOT to construct sidewalks for the Wilson and Pecan Creek Elementary School areas. Subsequently, North Central Texas Council of Governments (NCTCOG) changed the project schedule and moved the funding from Fiscal Year (FY) 2015 to FY2018 as they had overcommitted the CMAQ funding for FY2015. Pursuant to requests by the Denton Independent School District (DISD) and the City of Denton, the NCTCOG made changes to the Denton County Transportation Improvements Plan (TIP) in late 2012 to provide Congestion Mitigation and Air Quality (CMAQ) Program funding for sidewalks in the area of Wilson Elementary and Pecan Creek Elementary Schools in the TxDOT 2015 Work Program. Due to over commitment of CMAQ funds for FY2015 the funding for this project was moved to FY2018. TxDOT has recently provided a revised LPAFA to the City for execution (the City will be required to advance fund the entire project and be reimbursed upon completion and application for reimbursement of the federal funding share). A local match of $100,284 is required for the federal funding of $376,896 and state funding of $24,727 (total of $501,907). After execution of the LPAFA by TxDOT, the City will need to perform an environmental review, secure a land surveyor to perform design surveying for the project, design the project inhouse, secure a construction contractor, and construct the project; all under federal requirements. These activities will require approximately 2 years. OPTIONS 1.Approve the Local Project Advance Funding Agreement, accepting the $401,623 of federal and state funding, with a local match of $100,284, for the sidewalk project (total of $501,907) and agreeing to follow state and federal requirements for delivery of the project. 2.Decline to approve the Local Project Advance Funding Agreement, rejecting the federal and state funding for the sidewalk project, and possibly fund the entire project with local funds. RECOMMENDATION Option 1 - Staff recommends the Council authorize the City Manager to enter into the Local Project Advance Funding Agreement with TxDOT, with the City funding the required local match of $100,284 from the 2014 Bond Program Miscellaneous Sidewalk Program, and authorize staff to proceed with design, right-of-way acquisition and construction of the project. ESTIMATED SCHEDULE OF PROJECT Approximately two years for environmental assessment, design, right-of-way acquisition and construction, in accordance with federal and state requirements. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Mobility Committee and the Traffic Safety Committee were briefed on the status of this project at a joint meeting in September 2014; neither body had any objections to pursuing the project in the manner described. FISCAL INFORMATION Execution of the LPAFA would require a local match of $100,284 from the City of Denton, which is proposed to be funded from the 2014 Bond Program Miscellaneous Sidewalk Program (funded at $2,000,000). STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.2 Enhance connectivity and seek solutions to improve mobility EXHIBITS 1.AIS 2.Location Map 3.Ordinance and Agreement Respectfully submitted: Todd Estes, P.E. Director of Capital Projects / City Engineer Prepared by: Pritam Deshmukh Senior Engineer – Traffic PECAN CREEK ELEMENTARY AREA SIDEWALK NOTE: General locations shown; final locations may vary dependent on actual field conditions. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-340,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute an Advance Funding Agreement for a Transportation Alternatives Set-Aside (TASA) Program Project (construction of sidewalks for the Ginnings and Lee Elementary School areas) with the Texas Department of Transportation for receiving federal funding of $762,311 and state funding of $54,029 with a local match of $190,577 for a total project cost of $1,006,917; authorizing the expenditure of funds therefor; and providing an effective date. City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/ DCM/ ACM: Mario Canizares DATE: March 20, 2018 SUBJECT Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute an Advance Funding Agreement for a Transportation Alternatives Set-Aside (TASA) Program Project (construction of sidewalks for the Ginnings and Lee Elementary School areas) with the Texas Department of Transportation for receiving federal funding of $762,311 and state funding of $54,029 with a local match of $190,577 for a total project cost of $1,006,917; authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND In December 2016, the North Central Texas Council of Governments (NCTCOG) opened a Call for Projects under the Transportation Alternatives – Set Aside (TASA) program. This program is funded through the current federal transportation funding bill, FAST Act: Fixing America’s Surface Transportation. NCTCOG has $23.4 million to award to the North Central Texas region. The Call for Projects had two categories – Active Transportation, which is customary bike and pedestrian infrastructure; and Safe Routes to Schools (SRTS), which is infrastructure tied to making walking and biking to schools safer. This is a reimbursement program, with local sponsors being reimbursed 80% (local agency must fund at least 20%). For SRTS, staff consulted the existing City of Denton Safe Routes to School Plan. A key scoring factor is improving access to schools with a high percentage of students classified as economically disadvantaged (per the Texas Education Agency school report cards); Ginnings Elementary and Lee Elementary are ranked third and fourth, respectively, out of the twenty elementary schools in Denton for number of economically disadvantaged students. Additionally, these schools have sidewalk projects already identified by staff with cost estimates and funding allocated, which will provide for the 20% match. The proposed SRTS projects include sidewalks on Stuart Road, Audra Lane, and Mulkey Lane, in addition to added crosswalks at intersections. Funding for the 20% match for this project was identified prior to project application submittals which was funded through the 2014 Sidewalk Miscellaneous Fund. A local match of $190,577 is required for the federal funding of $762,311 and state funding of $54,029 (total of $1,006,917). After execution of the agreement by TxDOT, the City will need to design the project, secure a construction contractor, and construct the project; all under federal requirements. These activities will require approximately 15 months. OPTIONS 1.Approve the Advance Funding Agreement for TASA Program Project, accepting the $816,340 of federal and state funding, with a local match of $190,577 for the sidewalk project (total of 1,006,917), and agreeing to follow state and federal requirements for delivery of the project. 2.Decline to approve the Advance Funding Agreement, rejecting the federal funding for the SRTS project. RECOMMENDATION Option 1 - Staff recommends the Council authorize the City Manager to enter into the Advance Funding Agreement for TASA Program Project with TxDOT, with the City funding the required local match of $190,577 from the 2014 Sidewalk Miscellaneous Fund, and authorize staff to proceed with design, right- of-way acquisition and construction of the project. ESTIMATED SCHEDULE OF PROJECT Approximately fifteen (15) months for environmental assessment, design, right-of-way acquisition and construction, in accordance with federal and state requirements. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Mobility Committee was briefed on the status of this project at a meeting in February 2017 and did not have any objections to pursuing the project in the manner described. FISCAL INFORMATION Execution of the Advance Funding Agreement would require a local match of $190,577 from the City of Denton, which is proposed to be funded from the 2014 Sidewalk Miscellaneous Fund. STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.2 Enhance connectivity and seek solutions to improve mobility EXHIBITS 1.AIS 2.Location Map 3.Ordinance and Agreement Respectfully submitted: Todd Estes, P.E. Director of Capital Projects / City Engineer Prepared by: Pritam Deshmukh Senior Engineer – Traffic EXHIBIT4LOCATIONMAP Ginnings Elementary School \[ Sidewalk Project Boundaries School n Existing sidewalk Proposed sidewalk Proposed crosswalk ^ HERCULES ^ ^ YUCCA n ^ CORONADO DLEIFYAB LLEBPMAC ENIV City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-341,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute an Advance Funding Agreement for a Transportation Alternatives Set-Aside (TASA) Program Project (construction of multi-use sidepath on Sycamore Street and bike lanes on Welch Street) with the Texas Department of Transportation for receiving federal funding of $762,508 and state funding of $36,491 with a local match of $190,627 for a total project cost of $989,626; authorizing the expenditure of funds therefor; and providing an effective date. City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/ DCM/ ACM: Mario Canizares DATE: March 20, 2018 SUBJECT Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute an Advance Funding Agreement for a Transportation Alternatives Set-Aside (TASA) Program Project (construction of multi-use sidepath on Sycamore Street and bike lanes on Welch Street) with the Texas Department of Transportation for receiving federal funding of $762,508 and state funding of $36,491 with a local match of $190,627 for a total project cost of $989,626; authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND In December 2016, the North Central Texas Council of Governments (NCTCOG) opened a Call for Projects under the Transportation Alternatives – Set Aside (TASA) program. This program is funded through the current federal transportation funding bill, FAST Act: Fixing America’s Surface Transportation. NCTCOG has $23.4 million to award to the North Central Texas region. The Call for Projects had two categories – Active Transportation, which is customary bike and pedestrian infrastructure; and Safe Routes to Schools (SRTS), which is infrastructure tied to making walking and biking to schools safer. This is a reimbursement program, with local sponsors being reimbursed 80% (local agency must fund at least 20%). For Active Transportation, staff submitted the Sycamore-Welch Bike/Ped Connection, which provides a more direct connection from the Downtown Denton Transit Center to the University of North Texas. It will also link to existing bike infrastructure on Hickory Street, Mulberry Street, and Eagle Drive. Staff is proposing a multi-use sidepath on the north side of Sycamore Street, and a road diet on Welch Street. Additionally, the project will coordinate with traffic signal work planned for the intersection of Carroll Blvd and Sycamore Street. Funding for the 20% match for this project was identified prior to project application submittals which was funded through the Bike Fund. A local match of $190,627 is required for the federal funding of $762,508 and state funding of $36,491 (total of $989,626). After execution of the agreement by TxDOT, the City will need to design the project, secure a construction contractor, and construct the project; all under federal requirements. These activities will require approximately 20 months. OPTIONS 1.Approve the Advance Funding Agreement for TASA Program Project, accepting the $798,999 of federal and state funding, with a local match of $190,627 for the bicycle project (total of $989,626), and agreeing to follow state and federal requirements for delivery of the project. 2.Decline to approve the Advance Funding Agreement, rejecting the federal funding for the bike and pedestrian project. RECOMMENDATION Option 1 - Staff recommends the Council authorize the City Manager to enter into the Advance Funding Agreement for TASA Program Project with TxDOT, with the City funding the required local match of $190,627 from the Bike Fund, and authorize staff to proceed with design, right-of-way acquisition and construction of the project. ESTIMATED SCHEDULE OF PROJECT Approximately twenty (20) months for environmental assessment, design, right-of-way acquisition and construction, in accordance with federal and state requirements. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Mobility Committee was briefed on the status of this project at a meeting in February 2017 and did not have any objections to pursuing the project in the manner described. FISCAL INFORMATION Execution of the Advance Funding Agreement would require a local match of $190,627 from the City of Denton, which is proposed to be funded from the Bike Fund (funded at $200,000 annually). STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.2 Enhance connectivity and seek solutions to improve mobility EXHIBITS 1.AIS 2.Location Map 3.Ordinance and Agreement Respectfully submitted: Todd Estes, P.E. Director of Capital Projects / City Engineer Prepared by: Pritam Deshmukh Senior Engineer – Traffic HWY 377ELM CARROLL City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-393,Version:1 AGENDA CAPTION ConsiderapprovalofaresolutionallowingMiCasitatosellalcoholicbeveragesfortheCincodeMayo Festival,onSaturday,May5,2018,atQuakertownParkuponcertainconditions;authorizingtheCityManager orhisdesigneetoexecuteanagreementinconformitywiththisresolution;andprovidingforaneffectivedate. The Parks, Recreation and Beautification Board recommends approval (4-0). City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation DCM: Bryan Langley DATE: March 20, 2018 SUBJECT Consider approval of a resolution allowing Mi Casita to sell alcoholic beverages for the Cinco de Mayo Festival, on Saturday, May 5, 2018, at Quakertown Park upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommends approval (4-0). BACKGROUND Denton Cinco de Mayo Festival is a volunteer led event that includes live music, children games, a parade, and food booths. Denton Cinco de Mayo Festival is requesting permission to sell beer and wine and has partnered with Mi Casita. Mi Casita will be responsible for rental of the booth space, obtaining the temporary license for selling alcohol, securing the temporary permit for selling alcohol, and providing comprehensive liability insurance in the amount of $500,000. In addition, Denton Cinco de Mayo Festival agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Denton Cinco de Mayo Festival. The Cinco de Mayo Festival will have police security at the event. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On April 3, 2017, the Parks, Recreation and Beautification Board recommended approval 4-1 for Mi Casita to sell alcoholic beverages; and on April 18, 2017, the City Council approved to allow Mi Casita to sell alcoholic beverages at the Cinco de Mayo Festival under Resolution R2017-013 STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Livable & Family-Friendly Community Related Goal: 4.4 Provide outstanding leisure, cultural, and educational opportunities EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution and Contract Exhibit 3 Letter of Request Respectfully submitted: Laura Behrens Parks and Recreation, Interim Director Prepared by: Janie McLeod Community Events Coordinator Exhibit2 Exhibit 3 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-395,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas granting the Denton Cinco De Mayo Festival, pursuant to Section 17-20 of the Code of Ordinances, a noise exception on Saturday, May 5, 2018, at Quakertown Park; granting an increase in sound levels for an outdoor music festival from 70 to 75 dba from 10 a.m. until 10 p.m.; and providing an effective date. City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation DCM: Bryan Langley DATE: March 20, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas granting the Denton Cinco De Mayo Festival, pursuant to Section 17-20 of the Code of Ordinances, a noise exception on Saturday, May 5, 2018, at Quakertown Park; granting an increase in sound levels for an outdoor music festival from 70 to 75 dba from 10 a.m. until 10 p.m.; and providing an effective date. BACKGROUND Blanca Govea, chairperson for the Denton Cinco de Mayo Festival, requests an exception to the noise ordinance for amplified sound, not to exceed 75 dba, for the Denton Cinco De Mayo Festival held at Quakertown Park on Saturday, May 5, 2018. This is the 31st annual event for the Denton Cinco De Mayo Festival. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW On April 18, 2017, City Council approved an exception to the noise ordinance for the Denton Cinco de Mayo Festival. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Livable & Family-Friendly Community Related Goal: 4.4 Provide outstanding leisure, cultural, and educational opportunities EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Exhibit 3 Letter of Request Respectfully submitted: Laura Behrens Parks and Recreation, Interim Director Prepared by: Janie McLeod Community Events Coordinator Exhibit2 Exhibit 3 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-396,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,TexasapprovingaCitysponsorshipinanamountnot toexceed$15,200ofin-kindservicesandresourcesfortheDentonCincodeMayoFestivalonSaturday,May 5, 2018, at Quakertown Park; and providing an effective date. City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation DCM: Bryan Langley DATE: March 20, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving a City sponsorship in an amount not to exceed $15,200 of in-kind services and resources for the Denton Cinco de Mayo Festival on Saturday, May 5, 2018, at Quakertown Park; and providing an effective date. BACKGROUND Denton Cinco de Mayo Festival is a volunteer led event that includes live music, children games, st annual event is Saturday, May 5 from 10 a.m.to 10 p.m. at Quakertown Park. Denton Cinco de Mayo Festival is requesting the City of Denton participate as a sponsor for in- kind services and resources for staff, equipment, supplies, security, park maintenance, and to waive the rental fee for Quakertown Park, (Exhibit 4). In exchange, the City of Denton will be recognized as an event sponsor equal to the value of in-kind services and resources tendered. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW On April 18, 2017, City Council authorized sponsorship not to exceed $18,000 under Ordinance 2017-122. FISCAL INFORMATION The City will waive the following fees and expenses to provide in-kind services, personnel, and resources not to exceed $15,200 and is recognized as a sponsor at the appropriate level. Parks and Recreation Department $1,500 Value based on rental the fee for Quakertown Park. $772 Value based on the cost of supplies and equipment. $5,940 Value based on 2017 actual expenses for regular and overtime hours. Police Department $6,958 Value based on 2017 actual expenses for regular and overtime hours. Including this event, the City Council will have authorized a total of $200,577 in co-sponsorship for seven community events in the current fiscal year. A provision added to the Sponsorship Agreement alerts event organizers of their responsibility for damages caused to City property, beyond normal wear and tear, during the hosting of their events. This necessity results from the significant damages caused to Quakertown Park in 2015 and the substantial costs associated with remediation. The Parks Department has notified special event organizers of the liability provision, and it is now included in all sponsorship agreements. The Legal Department has advised Parks and Recreation that only City Council has the authority to gift City resources. All sponsorships where City facilities or services are requested for free or at a reduced rate require City Council approval. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Livable & Family-Friendly Community Related Goal: 4.4 Provide outstanding leisure, cultural, and educational opportunities EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Exhibit 3 Sponsorship Agreement Exhibit 4 Letter of Request Respectfully submitted: Laura Behrens Parks and Recreation, Interim Director Prepared by: Janie McLeod Community Events Coordinator Exhibit2 Exhibit 3 Parks & Recreation 601 E. Hickory St., Suite B Denton, TX 76205 (940) 349-7275 March 21, 2018 Ms. Blanca Govea, Chair Denton Cinco de Mayo Festival P.O. Box 1572 Denton, TX 76202 Dear Ms. Govea: On March 20, 2018, your sponsorship request was approved by the City Council in an amount not to exceed $15,200 of in-kind services and resources provided by the City of Denton for the Denton Cinco de Mayo Festival to be held at the Quakertown Park on Saturday, May 5, 2018. The City of Denton is proud to be a sponsor of this event and will provide basic and critical support to the event as outlined below. As part of the approval process, the City Council may request to see a report of revenues and expenses from the 2017 Denton Cinco de Mayo Festival. The following is a summary of the sponsorship role assumed by the City of Denton and the Denton Cinco de Mayo organizing committee. 1. The Parks and Recreation Department will waive the following fees and expenses to provide in-kind services and resources: $1,500 Value based on rental fee for Quakertown Park. $772 Value based on cost of supplies and equipment. $5,940 Value based on 2017 actual expenses for regular and overtime hours. 2. The Police Department will waive the following expenses to provide in-kind services: $6,958 Value based on 2017 actual expenses for regular and overtime hours. 3. Administrative staff support will be provided in the form of a liaison to advise to the organizing committee. The liaison will attend general meetings of the organizing committee when information is related to the Departme role in the event. The liaison participation is as an ex-officio, non-voting representative of the Department. OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 4. The Park Maintenance staff will work with committee volunteers to prepare the park prior to the event, work at the event to assist with limited logistics, handle litter and recycling, and return park equipment to original locations after the event. 5. The Department will provide limited promotional advertising for the event. Denton Cinco de Mayo Festival Event Organizers 1. The Denton Cinco de Mayo Festival committee will provide all planning, management, and organization for the event. 2. Event organizers will provide a layout of the vendor locations, complete a Special Event Application, Safety Plan, event map, and an event schedule to City liaison no later than four weeks prior to the event. 3. Event organizers are responsible for securing all permits, licenses, insurance, and approvals necessary to stage the event as stated in permit applications. The City liaison will provide information to help facilitate these processes, if needed. 4. Event organizers assume all liability for damages done to city property whatever the cause, while hosting this event, and agrees to reimburse the city for reparations within 30 days of notice/invoice. 5. Prior to publication, all advertising, including any use of a City logo, must be submitted to the City liaison for approval from the Parks and Recreation Department. 6. Event organizers will be charged the Special Event Application fee ($30) and the Carnival and Fair permit fee ($200) consistent with City of Denton ordinances. 7. Event organizers will charge and collect a Park Vendor's Fee consistent with the City of Denton ordinance and remit these fees within five working days after the event. 8. Event organizers will promote Denton Cinco de Mayo Festival as a "Litter Free Event" as defined by Keep Denton Beautiful (KDB). Recycling is required at all events held on city property and recycles containers are provided in city parks. 9. Within 30 days following the event, the event organizers will provide a program evaluation and full payment of all fees to the City of Denton. 10. Vendors are responsible for their own set-up, including tents, lighting, etc., prior to the event. The Department will not provide tents for vendors. 11. The City of Denton is recognized as a sponsor at the appropriate level in promotional materials. The Parks and Recreation Department is excited about the future of Denton Cinco de Mayo Festival and its continued success. Sincerely, Laura Behrens Parks and Recreation, Interim Director I hereby agree foregoing conditions of the City of Denton sponsorship agreement. Cinco de Mayo Date Exhibit 4 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-398,Version:1 AGENDA CAPTION Consider approval of a resolution allowing Profest, Inc. to sell alcoholic beverages for the Denton Arts & Jazz Festival, Friday, April 27, through Sunday, April 29, 2018, at Quakertown Park upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney St. Denton, Texas www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation DCM: Bryan Langley DATE: March 20, 2018 SUBJECT Consider approval of a resolution allowing Profest, Inc. to sell alcoholic beverages for the Denton Arts & Jazz Festival, Friday, April 27, through Sunday, April 29, 2018, at Quakertown Park upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. BACKGROUND Denton Arts & Jazz Festival is organized by the Denton Festival Foundation and is co-sponsored by the City of Denton. This free 2 1/2-day outdoor music festival features 3,000 artists, seven stages, live music, arts, crafts, children's activities, food, and beverages. Friday, April 27, and Saturday, April 28, from 10 a.m. to midnight; and Sunday, April 29, 2018, from 11 a.m. to 10 p.m. at Quakertown Park. Denton Arts & Jazz Festival is requesting permission to sell beer and wine and has partnered with Profest, Inc. Profest, Inc. will be responsible for rental of the booth space, obtaining the temporary license for selling alcohol, securing the temporary permit for selling alcohol, and providing comprehensive liability insurance in the amount of $500,000. In addition, Denton Arts & Jazz Festival agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Denton Arts & Jazz Festival. The Denton Arts & Jazz Festival will have police security at the event. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW On April 3, 2017, the Parks, Recreation and Beautification Board recommended approval 5-0 for Profest, Inc. to sell alcoholic beverages for three consecutive years; and on April 18, 2017, City Council approved to allow Profest, Inc. to sell alcoholic beverages at Denton Arts & Jazz Festival under Resolution 2017-012. On Feb. 5, 2018, the Parks, Recreation and Beautification Board confirmed approval for this request per the previous three year approval. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Liveable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.4 Provide outstanding leisure, cultural, and educational opportunities EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution and Contract Exhibit 3 Letter of Request Respectfully submitted: Laura Behrens Parks and Recreation, Interim Director Prepared By: Janie McLeod Community Events Coordinator Exhibit2 Exhibit 3 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-399,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas granting the Denton Arts & Jazz Festival, pursuant to Section 17-20 of the Code of Ordinances, a noise exception Friday, April 27, and Saturday, April 28, from 10 p.m. to midnight; and Sunday, April 29, 2018, from 11 a.m. to 10 p.m. at Quakertown Park; granting a variance in hours of operation for amplified sound levels for an outdoor music festival; and providing an effective date. City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney St. Denton, Texas www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation DCM: Bryan Langley DATE: March 20, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas granting the Denton Arts & Jazz Festival, pursuant to Section 17-20 of the Code of Ordinances, a noise exception Friday, April 27, and Saturday, April 28, from 10 p.m. to midnight; and Sunday, April 29, 2018, from 11 a.m. to 10 p.m. at Quakertown Park; granting a variance in hours of operation for amplified sound levels for an outdoor music festival; and providing an effective date. BACKGROUND Carol Short, executive director of the Denton Arts & Jazz Festival, requests an exception to the noise ordinance for a variance in hours of operation for amplified sound levels on Friday, April 27, and Saturday, April 28, from 10 p.m. to midnight and on Sunday from 11 a.m. to 10 p.m. This is the 38th annual Denton Arts & Jazz Festival. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW On April 18, 2017, City Council approved an exception to the noise ordinance for the Denton Arts & Jazz Festival. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Liveable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.4 Provide outstanding leisure, cultural, and educational opportunities EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Exhibit 3 Letter of Request Respectfully submitted: Laura Behrens Parks and Recreation, Interim Director Prepared by: Janie McLeod Community Events Coordinator Exhibit2 Exhibit 3 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-400,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas approving a City sponsorship in an amount not to exceed $165,000 of in-kind services and resources for the Denton Arts & Jazz Festival on Friday, April 27, through Sunday, April 29, 2018, at Quakertown Park; and providing an effective date. City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney St. Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation DCM: Bryan Langley DATE: March 20, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving a City sponsorship in an amount not to exceed $165,000 of in-kind services and resources for the Denton Arts & Jazz Festival on Friday, April 27, through Sunday, April 29, 2018, at Quakertown Park; and providing an effective date. BACKGROUND Denton Arts & Jazz Festival is organized by the Denton Festival Foundation, a nonprofit 501(c) 3 organization, that showcases visual and performing arts with a multi-discipline format; professional and amateur musicians, artists, and performers to share the spotlight. This outdoor music festival held in Quakertown Park, located at 321 E. McKinney St. is on Friday, April 27, and Saturday, April 28, from 10 a.m. to midnight; and on Sunday, April 29, 2018, from 11 a.m. to 10 p.m. The Denton Arts & Jazz Festival is co-sponsored by the City of Denton. This festival includes over 2,700 performers, local and statewide vendors, children's activities, art exhibits, 250 booths, and seven stages with various entertainers. Event organizers anticipate 225,000 in attendance. The Denton Festival Foundation is requesting the City of Denton to participate as a sponsor for in-kind services and resources for staff, equipment, supplies, facilities, security, park maintenance support, use of the Civic Center, Quakertown Park, and the Senior Center for the three-day event, (Exhibit 4). In exchange for the support the City of Denton will be considered to be an event sponsor of the event at a sponsorship level equal to the value of the in-kind service tendered. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW On March 28, 2017, City Council authorized sponsorship not to exceed $154,000 under Ordinance 2017- 108. FISCAL INFORMATION The City will waive the following fees and expenses to provide in-kind services, personnel, and resources notto exceed $165,000 and is recognized as a sponsor at the appropriate level. Parks and Recreation Department $34,720 Value based on rental the fee for Quakertown Park, Civic Center, and Senior Center. $19,166 Value based on cost of supplies and equipment. $44,471 Value based on 2017 actual expenses for regular and overtime hours. Police Department $59,335 Value based on 2017 actual expenses for regular and overtime hours. Solid Waste Department $6,567 Value based on 2017 actual expenses for trash and recycling services. Including this event, the City Council will have authorized a total of $185,407 in co-sponsorship support for six community events in the current fiscal year. Aprovision added to the Sponsorship Agreement alerts event organizers of their responsibility for damages caused to City property, beyond normal wear and tear, during the hosting of their events. This necessity results from the significant damages caused to Quakertown Park in 2015 and the substantial costs associated with remediation. The Parks Department has notified special event organizers of the liability provision, and it is now included in all sponsorship agreements. The Legal Department has advised Parks and Recreation that only City Council has the authority to gift City resources. All sponsorships where City facilities or services are requested for free or at a reduced rate require City Council approval. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Livable & Family-Friendly Community Related Goal: 4.4 Provide outstanding leisure, cultural, and educational opportunities EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Exhibit 3 Sponsorship Agreement Exhibit 4 Letter of Request Respectfully submitted: Laura Behrens Parks and Recreation, Interim Director Prepared by: Janie McLeod Community Events Coordinator Exhibit2 Exhibit 3 Parks & Recreation 601 E. Hickory St., Suite B Denton, TX 76205 (940) 349-7275 March 21, 2018 Ms. Carol Short, Executive Director Denton Festival Foundation P.O. Box 2104 Denton, TX 76202 Dear Ms. Short: On March 20, 2018, your sponsorship request was approved by City Council in an amount not to exceed $165,000 of in-kind services and resources provided by the City of Denton for the Denton Arts & Jazz Festival to be held at Quakertown Park beginning Friday, April 27, through Sunday, April 29, 2018. The City of Denton is proud to be a sponsor of this event and will provide basic and critical support to the event as outlined below. As part of the approval process, the City Council may request to see a report of revenues and expenses for the 2018 Denton Arts & Jazz Festival included in the The following is a summary of the sponsorship role assumed by the City of Denton and the Denton Arts & Jazz Festival organizing committee. 1. The Parks and Recreation Department will waive the following fees and expenses to provide in-kind services and resources: $34,720 Value based on rental fee for Quakertown Park, Denton Civic Center, and Denton Senior Center. $19,166 Value based on cost of supplies and equipment. $44,471 Value based on 2017 actual expenses for Park and Rec Personnel, regular and overtime hours. $99,812 Total value of in-kind services and resources. 2. The Police Department and Solid Waste will waive the following fees and expenses to provide in-kind services: $59,335 Value based on 2017 actual expenses for regular and overtime hours. $6,567 Value based on 2017 actual expenses for regular and overtime hours. OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 3. Administrative staff support will be provided in the form of a liaison to advise to the organizing committee. The liaison will attend general meetings of the organizing committee when information is related to the Departme role in the event. The liaison participation is as an ex-officio, non-voting representative of the Department. 4. The Park Maintenance staff will work with committee volunteers to prepare the park prior to the event, work at the event to assist with limited logistics, handle litter and recycling, and return park equipment to original locations after the event. Denton Arts & Jazz Festival Event Organizers 1. The Denton Arts & Jazz Festival committee will provide all planning, management, and organization for the event. 2. Event organizers will provide a layout of the vendor locations, complete a Special Event Application, Safety Plan, event map, and an event schedule to City liaison no later than four weeks prior to the event. 3. Event organizers are responsible for securing all permits, licenses, insurance, and approvals necessary to stage the event as stated in permit applications. The City liaison will provide information to help facilitate these processes, if needed. 4. Event organizers assume all liability for damages done to city property whatever the cause, while hosting this event, and agrees to reimburse the city for reparations within 30 days of notice/invoice. 5. Prior to publication, all advertising, including any use of a City logo, must be submitted to the City liaison for approval from the Parks and Recreation Department. 6. Event organizers will be charged the Special Event Application fee ($30) and the Carnival and Fair permit fee ($200) consistent with City of Denton ordinances. 7. Event organizers will charge and collect a Park Vendor's Fee consistent with the City of Denton ordinance and remit these fees within five working days after the event. 8. Event organizers will promote Denton Arts & Jazz Festival as a "Litter Free Event" as defined by Keep Denton Beautiful (KDB). Recycling is required at all events held on city property and recycles containers are provided in city parks. 9. Within 30 days following the event, the event organizers will provide a program evaluation and full payment of all fees to the City of Denton. 10. Vendors are responsible for their own set-up, including tents, lighting, etc., prior to the event. The Department will not provide tents for vendors. OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 11. The City of Denton is recognized as a sponsor at the appropriate level in promotional materials. The City of Denton is excited about the future of the Denton Arts & Jazz Festival and its continued success. Sincerely, Laura Behrens Parks and Recreation, Interim Director I hereby agree to the foregoing conditions of the City of Denton sponsorship agreement. _______________________________ ________________________ Denton Arts & Jazz Festival Date OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 Exhibit 4 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-401,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas, granting The Village Church Denton, pursuant to Section 17-20 of the Code of Ordinances, a noise exception on Sunday, April 8, 2018, from 10 a.m. until 4 p.m. at North Lakes Park; granting a variance in hours of operation for amplified sound levels for an outdoor event; and providing an effective date. City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation DCM: Bryan Langley DATE: March 20, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, granting The Village Church Denton, pursuant to Section 17-20 of the Code of Ordinances, a noise exception on Sunday, April 8, 2018, from 10 a.m. until 4 p.m. at North Lakes Park; granting a variance in hours of operation for amplified sound levels for an outdoor event; and providing an effective date. BACKGROUND John Warren, a pastor at The Village Church Denton, requests an exception to the noise ordinance for a variance in hours of operation to host an outdoor church service on Sunday, April 8, 2018, from 10 a.m. to 4 p.m. at North Lakes Park. The service will include baptisms, readings, and singing. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW On April 18, 2017, City Council approved an exception to the noise ordinance for The Village Church Denton. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Liveable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.4 Provide outstanding leisure, cultural, and educational opportunities EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Exhibit 3 Letter of Request Respectfully submitted: Laura Behrens Parks and Recreation, Interim Director Prepared by: Janie McLeod Community Events Coordinator Exhibit2 Exhibit 3 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-402,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas granting the Thin Line Film Festival, pursuant to Section 17-20 of the Code of Ordinances, a noise exception Wednesday, April 18, through Sunday, April 22, 2018; granting an increase in sound levels for an outdoor music festival from 70 to 75 dba and a variance in hours of operation each day from noon until 11 p.m. on the Denton County Courthouse lawn; and providing for an effective date. City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation DCM: Bryan Langley DATE: March 20, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas granting the Thin Line Film Festival, pursuant to Section 17-20 of the Code of Ordinances, a noise exception Wednesday, April 18, through Sunday, April 22, 2018; granting an increase in sound levels for an outdoor music festival from 70 to 75 dba and a variance in hours of operation each day from noon until 11 p.m. on the Denton County Courthouse lawn; and providing for an effective date. BACKGROUND Michael Fraga, representing operations for the Thin Line Film Festival, requests an exception to the noise ordinance for amplified sound, not to exceed 75 dba, and a variance in hours of operation for amplified sound levels for the Thin Line Film Festival on the Denton County Courthouse lawn Wednesday, April 18, through Sunday, April 22, 2018. This is the eleventh annual event for the Thin Line Film Festival. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW On March 21, 2017, City Council approved an exception to the noise ordinance for the Thin Line Film Festival. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Livable & Family-Friendly Community Related Goal: 4.4 Provide outstanding leisure, cultural, and educational opportunities EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Exhibit 3 Letter of Request Respectfully submitted: Laura Behrens Parks and Recreation, Interim Director Prepared by: Janie McLeod Community Events Coordinator Exhibit2 Exhibit 3 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-411,Version:1 AGENDA CAPTION ConsideradoptionofanordinancecreatingaCapitalImprovementsAdvisoryCommitteepursuanttoTexas LocalGovernmentCode§395.058asarequirementbeforeauthorizingimpactfees;appointingthePlanning andZoningCommissionmembersasmembersoftheCapitalImprovementsAdvisoryCommittee;providing fortheappointmentofoneadditionaladhocmembertheCapitalImprovementsAdvisoryCommitteefromthe ExtraterritorialJurisdictionoftheCityofDenton,Texas;providingfortheadoptionofproceduralrulesforthe CapitalImprovementsAdvisoryCommitteetofollowinperformingoutitsduties;andprovidingforan effective date. City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: CM/ DCM/ ACM: Mario Canizares DATE: March 20, 2018 SUBJECT Consider approval of an ordinance creating a capital improvements advisory committee pursuant to Texas Local Government Code §395.058 as a requirement before authorizing impact fees; appointing the Planning and Zoning Commission members as members of the Capital Improvements Advisory Committee; providing for the appointment of one additional ad hoc member the Capital Improvements Advisory Committee from the Extraterritorial jurisdiction of the City of Denton, Texas; providing for the adoption of procedural rules for the Capital Improvements Advisory Committee to follow in performing out its duties; and providing for an effective date. BACKGROUND Denton collects impact fees on all new water and wastewater connections to help offset a portion of the cost of new infrastructure to accommodate new demand. Under Chapter 395 of the Local Government Code, Denton must update the land use assumptions and capital improvements plans used to calculate its impact fees every five years. Denton completed its last impact fee study and update in 2013. As part of the update process, Chapter 395 requires appointment of a Capital Improvements Advisory Committee to review and comment on land use assumptions, capital improvements plans, and proposed impact fees. The next step in the update process required by Chapter 395 is to appoint the Capital Improvements Advisory Committee which is charged with advising and assisting in adopting land use assumptions, reviewing the proposed capital improvements plans for water and wastewater, monitor the implementation of the capital improvements plan, and advise on the need to update impact fees. Section 395.058 of the Local Government Code allows for the Planning & Zoning Commission (P&Z) plus a representative of the ETJ (Extra Territorial Jurisdiction) to serve as the Capital Improvements Advisory Committee. Since the first implementation of the water/wastewater impact fees in 1998 and the subsequent 5-year mandated updates in 2003, 2008 and 2013, the P&Z plus one member from the ETJ has been appointed by the City Council to serve as the Capital Improvements Advisory Committee. Staff is recommending that the Council appoint the Planning and Zoning Commission plus one additional member to represent the City of Denton ETJ interests. Staff further recommends that Robin Harris, P.E. be appointed to serve as the ETJ member on the Advisory Committee. Robin is a licensed Professional Engineer in Texas and an Associate in the consulting firm Teague Nall & Perkins in the Denton office. Robin has been involved in several water and wastewater design projects for Denton over the years, with the most recent one being the Fort Worth Drive Utility Relocation project. Robin will bring the technical expertise to the Capital Improvements Advisory Committee in evaluating the impact fee study results. His knowledge of the city and ETJ area as well as his understanding of the issues facing Denton will bring valuable insight to the impact fee process. Once complete, the updated study and proposed impact fees will be also be presented to the Public Utilities Board for review and an impact fee adoption recommendation to the City Council. ESTIMATED SCHEDULE OF PROJECT Based on the proposed schedule, the impact fee adoption public hearing is slated for the September 18, 2018 City Council meeting. PRIOR ACTION/REVIEW (Council, Boards, Commissions) September 25, 2017- PUB approved the contract with Kimley Horn Associates for update of the impact fees. FISCAL INFORMATION The Kimley Horn contract was approved for $91,400 and funded from the revenue funds allocated for the study in the water and wastewater budgets. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.3 Promote superior utility services and City facilities EXHIBITS Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Respectfully submitted: Kenneth Banks. General Manager of Utilities City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-413,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheapprovalofthisFirstAmendmenttoacontractwithGrahamAssociates,Inc.,forengineering servicesrelatingtoBonnieBraePhase5ImprovementsfromNorthofScripturetoHighway380;providingfor theexpenditureoffundstherefor;andprovidinganeffectivedate(File5330-providingforanadditional expenditure amount of $271,813.08, for a total contract amount of $1,103,009.58). City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: March 20, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the approval of this First Amendment to a contract with Graham Associates, Inc., for engineering services relating to Bonnie Brae Phase 5 Improvements from North of Scripture to Highway 380; providing for the expenditure of funds therefor; and providing an effective date (File 5330 - providing for an additional expenditure amount of $271,813.08, for a total contract amount of $1,103,009.58). BACKGROUND The Bonnie Brae Phase 5 project consists of the construction of a four lane divided concrete roadway with a median, he other side within the limits of Scripture Road and Highway 380 (University). During the course of design, it was discovered that offsite storm drain improvements would be required to allow the storm drain within the project limits to function properly. As such, additional design effort is required to accomplish this task and is described as follows: Hydraulics and hydrology analysis in two locations outside the original project limits to study Pecan Creek and its tributaries from Highway 380 to SCS Dam #16. This will also include topographic survey and easement document preparation. Analyze two alternative alignments for the offsite storm drain and prepare cost estimates for each. Prepare construction plans and specifications, perform subsurface utility investigations, and prepare easement documents for the alternative selected. Prepare documents for FEMA as needed to complete revisions to the flood maps. Prepare environmental documents as needed for 404 Permitting process. Also included in this amendment are services requested to provide support for the City Right-of-Way Department as acquisitions take place and also to perform traffic analysis services. The First Amendment is for and additional amount of $271,813.08 as indicated the attached Exhibit 3. Upon approval, the new contract not-to-exceed amount will be $1,103,009.58. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On August 20, 2013, Council approved a professional services agreement with Graham Associates, Inc., in the amount of $831,196.50 (Ordinance 2013-201 as shown in Exhibit 2). RECOMMENDATION Staff recommends awarding a first amendment to the professional services agreement in the not-to-exceed amount of $ $271,813.08, for a total contract not-to-exceed amount of $1,103,009.58. PRINCIPAL PLACE OF BUSINESS Graham Associates, Inc. Arlington, TX ESTIMATED SCHEDULE OF PROJECT Design is scheduled to be complete by December 2018. FISCAL INFORMATION Currently, the available funding for this project has been allocated. Additional funding for this project will not be available until May 2018. To expedite the work on this amendment and the amendment for Phase 4, a fund transfer is requested from the Bonnie Brae South Project in the amount of $650,000. This will also account for City staff time. Once the bond funding is available in May, the Bonnie Brae South project will be reimbursed this amount. The project will be funded through the Engineering Capital Project fund 250023467.1360.21100. A line item will be added to the existing Purchasing Order 166074. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.5 Develop a Capital Improvement Program that will meet our community's needs EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Original Contract Exhibit 3: Amendment No. 1 Exhibit 4: Ordinance Respectfully submitted: Karen Smith, 349-8436 Purchasing Manager For information concerning this acquisition, contact: Lee Perry, P.E., Senior Engineer, at 349-8938 DocuSign Envelope ID: 0968AE0E-8324-4929-862B-8E0AFDD49653 5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ CźƌĻ bğƒĻ tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ /źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ /ƚƓƷƩğĭƷ ğƌǒĻ tźŭŭǤ .ğĭƉ hƦƷźƚƓ /ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ hƩķźƓğƓĭĻ DocuSign Envelope ID: 0968AE0E-8324-4929-862B-8E0AFDD49653 THE STATE OF TEXAS § § COUNTY OF DENTON § FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND GRAHAM ASSOCIATES, INC \[FILE NO. 5330\] THIS FIRST AMENDMENT TO CONTRACT 5330 by and between the City of Denton, and Graham Associates Design Professional); The CITY deems it necessary to further expand the services provided by DESIGN PROFESSIONAL to the CITY; NOW THEREFORE, 1. Section 2 Compensation and ScheduleTotal Compensation Amount of the Agreement is hereby amended to read as follows: Total Contract Amount for services shall not exceed $1,103,009.58 per term. Pricing shall be per Attachment A 2. Proposal timeline shall be amended to reflect per revised proposal. See attachment B. All other provisions of the contract 5330, as heretofore amended, remain in full force and effect. IN WITNESS WHEREOF, the CITY and the DESIGN PROFESSIONAL, have each executed this Amendment, by and through their respective duly authorized representatives and officers on this date ________________________________. FILE 5330 Amendment #1 Page 1 of 2 DocuSign Envelope ID: 0968AE0E-8324-4929-862B-8E0AFDD49653 CITY OF DENTON, TEXAS A Texas Municipal Corporation By: __________________________________ TODD HILEMAN CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY By: ___________________________________ DESIGN PROFESSIONAL GRAHAM ASSOCIATES, INC A Corporation By: _________________________________ AUTHORIZED SIGNATURE, TITLE FILE 5330 Amendment #1 Page 2 of 2 DocuSign Envelope ID: 0968AE0E-8324-4929-862B-8E0AFDD49653 DocuSign Envelope ID: 0968AE0E-8324-4929-862B-8E0AFDD49653 DocuSign Envelope ID: 0968AE0E-8324-4929-862B-8E0AFDD49653 DocuSign Envelope ID: 0968AE0E-8324-4929-862B-8E0AFDD49653 DocuSign Envelope ID: 0968AE0E-8324-4929-862B-8E0AFDD49653 DocuSign Envelope ID: 0968AE0E-8324-4929-862B-8E0AFDD49653 DocuSign Envelope ID: 0968AE0E-8324-4929-862B-8E0AFDD49653 DocuSign Envelope ID: 0968AE0E-8324-4929-862B-8E0AFDD49653 DocuSign Envelope ID: 0968AE0E-8324-4929-862B-8E0AFDD49653 DocuSign Envelope ID: 0968AE0E-8324-4929-862B-8E0AFDD49653 DocuSign Envelope ID: 0968AE0E-8324-4929-862B-8E0AFDD49653 DocuSign Envelope ID: 0968AE0E-8324-4929-862B-8E0AFDD49653 DocuSign Envelope ID: 0968AE0E-8324-4929-862B-8E0AFDD49653 DocuSign Envelope ID: 0968AE0E-8324-4929-862B-8E0AFDD49653 DocuSign Envelope ID: 0968AE0E-8324-4929-862B-8E0AFDD49653 Exhibit House Bill 89 - Government Code 2270 VERIFICATION I, _______________________________________________, the undersigned representative of ______________________________Company or Business name (hereafter referred to as company), being an adult over the age of eighteen (18) years of age, verify that the company named-above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above-named Company, business or individual with City of Denton. Pursuant to Section 2270.001, Texas Government Code: 1. with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2. -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. ___________________________________ Name of Company Representative (Print) ________________________________ Signature of Company Representative _________________________________ Date DocuSign Envelope ID: 0968AE0E-8324-4929-862B-8E0AFDD49653 Exhibit Senate Bill 252 -Government Code 2252 CERTIFICATION I, ______________________________________________, the undersigned representative of ________________________________________________ (Company or business name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Management Department. ___________________________________ Name of Company Representative (Print) ________________________________ Signature of Company Representative _________________________________ Date Certificate Of Completion Envelope Id: 0968AE0E83244929862B8E0AFDD49653Status: Sent Subject: City Council Docusign Item - 5330 Bonnie Brae Improvements Ph 5 Amendment 1 Source Envelope: Document Pages: 22Signatures: 4Envelope Originator: Certificate Pages: 6Initials: 0Jamie Cogdell AutoNav: Enabled901B Texas Street EnvelopeId Stamping: EnabledDenton, TX 76209 Time Zone: (UTC-06:00) Central Time (US & Canada)Jamie.Cogdell@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: OriginalHolder: Jamie CogdellLocation: DocuSign 2/23/2018 12:01:38 PM Jamie.Cogdell@cityofdenton.com Signer EventsSignatureTimestamp Jamie CogdellSent: 2/23/2018 12:25:52 PM Completed jamie.cogdell@cityofdenton.comViewed: 2/23/2018 12:27:19 PM Senior BuyerSigned: 2/23/2018 12:35:07 PM Using IP Address: 129.120.6.150 City Of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mark BurckhardSent: 2/23/2018 12:35:11 PM mburckhard@grahamcivil.comViewed: 2/23/2018 5:40:03 PM DBA Graham Associates, Inc.Signed: 2/23/2018 5:40:18 PM Security Level: Email, Account Authentication Using IP Address: 72.54.93.70 (None) Electronic Record and Signature Disclosure: Accepted: 1/30/2018 4:52:36 PM ID: eacc9463-994d-4fc4-9943-03b3a39d00a9 Larry CollisterSent: 2/23/2018 5:40:23 PM larry.collister@cityofdenton.comResent: 2/27/2018 4:24:21 PM Deputy City AttorneyViewed: 2/23/2018 7:51:25 PM Security Level: Email, Account Authentication Signed: 3/1/2018 1:39:10 PM Using IP Address: 129.120.6.150 (None) Electronic Record and Signature Disclosure: Accepted: 9/26/2017 2:27:28 PM ID: 01f5f868-f109-4e29-ad49-21db9046c882 Rebecca HunterSent: 3/1/2018 1:39:14 PM rebecca.hunter@cityofdenton.com Assistant Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman todd.hileman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Signer EventsSignatureTimestamp Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Jennifer Walters jennifer.walters@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Rebecca HunterSent: 2/23/2018 5:40:21 PM rebecca.hunter@cityofdenton.com Assistant Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri ThurmanSent: 2/23/2018 5:40:21 PM sherri.thurman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Robin Fox Robin.fox@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Bridges jennifer.bridges@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy EventsStatusTimestamp Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lee Perry lee.perry@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted3/1/2018 1:39:14 PM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-414,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the approval of the First Amendment to a contract with Graham Associates, Inc.,for engineering services relating to Bonnie Brae Phase 4 Improvements from IH 35E to north of Scripture Road; providing for the expenditure of funds therefor; and providing an effective date (File 6285 - providing for an additional expenditure amount of $303,960.25, for a total contract amount of $1,204,216.50). City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: March 20, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the approval of the First Amendment to a contract with Graham Associates, Inc., for engineering services relating to Bonnie Brae Phase 4 Improvements from IH 35E to north of Scripture Road; providing for the expenditure of funds therefor; and providing an effective date (File 6285 - providing for an additional expenditure amount of $303,960.25, for a total contract amount of $1,204,216.50). BACKGROUND The Bonnie Brae Phase 4 project consists of the construction of a five lane undivided and four lane divided concrete roadway with concrete median, on the other side within the limits of IH 35E to north of Scripture Road. During the course of design, it was discovered that offsite storm drain improvements would be required to allow the storm drain within the project limits to function properly. As such, additional design effort is required to accomplish this task and is described as follows: Hydraulics and hydrology analysis of Stream Df-1 of the Dry Fork of Hickory Creek to obtain required data at the intersections of Stream Df-1 and West Oak and Stream Df-1 and Scripture . This will also include topographic survey along Stream Df-1, West Oak and Scripture from Bonnie Brae. Prepare construction plans, specifications, and cost estimates for the required storm drain improvements. Also included in this amendment are services requested to provide support for the City Right-of-Way Department as acquisitions take place along Bonnie brae and also to perform traffic analysis services along with possible revisions to the 60% design plans based on the results and selected option from the traffic analysis. The First Amendment is for and additional amount of $303,960.25 as indicated the attached Exhibit 3. Upon approval, the new contract not-to-exceed amount will be $1,204,216.50. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On January 10, 2017, Council approved a professional services agreement with Graham Associates, Inc., in the amount of $900,256.25 (Ordinance 2017-010 as shown in Exhibit 2). RECOMMENDATION Staff recommends awarding a first amendment to the professional services agreement in the not-to-exceed amount of $ $303,960.25, for a total contract not-to-exceed amount of $1,204,216.50. PRINCIPAL PLACE OF BUSINESS Graham Associates, Inc. Arlington, TX ESTIMATED SCHEDULE OF PROJECT Design is scheduled to be complete by December 2018. FISCAL INFORMATION Currently, the available funding for this project has been allocated. Additional funding for this project will not be available until May 2018. To expedite the work on this amendment and the amendment for Phase 5, a fund transfer is requested from the Bonnie Brae South Project in the amount of $650,000. This will also account for City staff time. Once the bond funding is available in May, the Bonnie Brae South project will be reimbursed this amount. The project will be funded through the Engineering Capital Project fund 250023467.1360.21100. A line item will be added to the existing Purchasing Order 180016. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.5 Develop a Capital Improvement Program that will meet our community's needs EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Original Contract Exhibit 3: Amendment No. 1 Exhibit 4: Ordinance Respectfully submitted: Karen Smith, 349-8436 Purchasing Manager For information concerning this acquisition, contact: Lee Perry, P.E., Senior Engineer, at 349-8938 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ CźƌĻ bğƒĻ tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ /źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ /ƚƓƷƩğĭƷ ğƌǒĻ tźŭŭǤ .ğĭƉ hƦƷźƚƓ /ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 DocuSign Envelope ID: EF3512DF-4841-4E7B-8930-B97D3E92BA82 Certificate Of Completion Envelope Id: EF3512DF48414E7B8930B97D3E92BA82Status: Completed Subject: City Council Docusign Item - 6285 Source Envelope: Document Pages: 60Signatures: 4Envelope Originator: Supplemental Document Pages: 0Initials: 0Karen E. Smith Certificate Pages: 6 AutoNav: EnabledPayments: 0karen.smith@cityofdenton.com EnvelopeId Stamping: EnabledIP Address: 129.120.6.150 Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: OriginalHolder: Karen E. SmithLocation: DocuSign 12/13/2016 3:18:24 PM karen.smith@cityofdenton.com Signer EventsSignatureTimestamp Karen E. SmithSent: 12/13/2016 3:20:49 PM Completed karen.smith@cityofdenton.comViewed: 12/13/2016 3:21:14 PM Assistant Purchasing ManagerSigned: 12/13/2016 3:22:18 PM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Mark BurckhardSent: 12/13/2016 3:22:20 PM mburckhard@grahamcivil.comViewed: 12/13/2016 3:30:49 PM Security Level: Email, Account Authentication Signed: 12/13/2016 3:34:08 PM (Optional) Using IP Address: 72.54.93.70 Electronic Record and Signature Disclosure: Accepted: 2/9/2016 11:28:08 AM ID: 042bd278-dc13-419c-b29b-252a3000bd42 John KnightSent: 12/13/2016 3:34:11 PM john.knight@cityofdenton.comViewed: 12/13/2016 4:22:52 PM Deputy City AttorneySigned: 12/13/2016 4:23:06 PM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Julia WinkleySent: 12/13/2016 4:23:07 PM Completed julia.winkley@cityofdenton.comViewed: 12/13/2016 4:29:17 PM Contracts Administration SupervisorSigned: 1/11/2017 9:54:07 AM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Signer EventsSignatureTimestamp Howard MartinSent: 1/11/2017 9:54:11 AM howard.martin@cityofdenton.comViewed: 1/17/2017 11:26:34 AM Interim City ManagerSigned: 1/17/2017 11:26:46 AM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Jennifer WaltersSent: 1/17/2017 11:26:49 AM jennifer.walters@cityofdenton.comViewed: 1/17/2017 4:15:25 PM City SecretarySigned: 1/17/2017 4:16:09 PM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Julia WinkleySent: 12/13/2016 3:34:10 PM julia.winkley@cityofdenton.comViewed: 12/13/2016 4:06:26 PM Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Sherri ThurmanSent: 12/13/2016 3:34:10 PM sherri.thurman@cityofdenton.comViewed: 1/18/2017 9:09:28 AM Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Jane RichardsonSent: 1/11/2017 9:54:10 AM jane.richardson@cityofdenton.comViewed: 1/11/2017 9:55:57 AM Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Robin FoxSent: 1/11/2017 9:54:10 AM Robin.fox@cityofdenton.com Security Level: Email, Account Authentication (Optional) Carbon Copy EventsStatusTimestamp Electronic Record and Signature Disclosure: Accepted: 10/9/2015 1:39:51 PM ID: 04463961-03db-4c4d-9228-d660d6146ed6 Jennifer BridgesSent: 1/17/2017 4:16:12 PM jennifer.bridges@cityofdenton.com Procurement Assistant City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Jane RichardsonSent: 1/17/2017 4:16:13 PM jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Frank PayneSent: 1/17/2017 4:16:14 PM Frank.payne@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Notary EventsTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted1/17/2017 4:16:14 PM Certified DeliveredSecurity Checked1/17/2017 4:16:14 PM Signing CompleteSecurity Checked1/17/2017 4:16:14 PM CompletedSecurity Checked1/17/2017 4:16:14 PM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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DocuSign Envelope ID: E98D7613-0D99-4233-BD5C-E85DEDD2ABDA 5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ CźƌĻ bğƒĻ tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ /źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ /ƚƓƷƩğĭƷ ğƌǒĻ tźŭŭǤ .ğĭƉ hƦƷźƚƓ /ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ hƩķźƓğƓĭĻ DocuSign Envelope ID: E98D7613-0D99-4233-BD5C-E85DEDD2ABDA THE STATE OF TEXAS § § COUNTY OF DENTON § FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND GRAHAM ASSOCIATES, INC \[FILE NO. 6285\] THIS FIRST AMENDMENT TO CONTRACT 6285 by and between the City of Denton, and Graham Associates Design Professional); The CITY deems it necessary to further expand the services provided by DESIGN PROFESSIONAL to the CITY; NOW THEREFORE, 1. Section 2 Compensation and ScheduleTotal Compensation Amount of the Agreement is hereby amended to read as follows: Total Contract Amount for services shall not exceed $1,204,216.50 per term. Pricing shall be per Attachment A All other provisions of the contract 6285, as heretofore amended, remain in full force and effect. IN WITNESS WHEREOF, the CITY and the DESIGN PROFESSIONAL, have each executed this Amendment, by and through their respective duly authorized representatives and officers on this date ________________________________. FILE 6285 Amendment #1 Page 1 of 2 DocuSign Envelope ID: E98D7613-0D99-4233-BD5C-E85DEDD2ABDA CITY OF DENTON, TEXAS A Texas Municipal Corporation By: __________________________________ TODD HILEMAN CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY By: ___________________________________ DESIGN PROFESSIONAL GRAHAM ASSOCIATES, INC A Corporation By: _________________________________ AUTHORIZED SIGNATURE, TITLE FILE 6285 Amendment #1 Page 2 of 2 DocuSign Envelope ID: E98D7613-0D99-4233-BD5C-E85DEDD2ABDA DocuSign Envelope ID: E98D7613-0D99-4233-BD5C-E85DEDD2ABDA DocuSign Envelope ID: E98D7613-0D99-4233-BD5C-E85DEDD2ABDA DocuSign Envelope ID: E98D7613-0D99-4233-BD5C-E85DEDD2ABDA DocuSign Envelope ID: E98D7613-0D99-4233-BD5C-E85DEDD2ABDA DocuSign Envelope ID: E98D7613-0D99-4233-BD5C-E85DEDD2ABDA DocuSign Envelope ID: E98D7613-0D99-4233-BD5C-E85DEDD2ABDA DocuSign Envelope ID: E98D7613-0D99-4233-BD5C-E85DEDD2ABDA DocuSign Envelope ID: E98D7613-0D99-4233-BD5C-E85DEDD2ABDA Exhibit House Bill 89 - Government Code 2270 VERIFICATION I, _______________________________________________, the undersigned representative of ______________________________Company or Business name (hereafter referred to as company), being an adult over the age of eighteen (18) years of age, verify that the company named-above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above-named Company, business or individual with City of Denton. Pursuant to Section 2270.001, Texas Government Code: 1. with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2. -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. ___________________________________ Name of Company Representative (Print) ________________________________ Signature of Company Representative _________________________________ Date DocuSign Envelope ID: E98D7613-0D99-4233-BD5C-E85DEDD2ABDA Exhibit Senate Bill 252 -Government Code 2252 CERTIFICATION I, ______________________________________________, the undersigned representative of ________________________________________________ (Company or business name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Management Department. ___________________________________ Name of Company Representative (Print) ________________________________ Signature of Company Representative _________________________________ Date Certificate Of Completion Envelope Id: E98D76130D994233BD5CE85DEDD2ABDAStatus: Sent Subject: City Council Docusign Item - 6285 Bonnie Brae Ph 4 Amendment 1 Source Envelope: Document Pages: 13Signatures: 4Envelope Originator: Certificate Pages: 6Initials: 0Jamie Cogdell AutoNav: Enabled901B Texas Street EnvelopeId Stamping: EnabledDenton, TX 76209 Time Zone: (UTC-06:00) Central Time (US & Canada)Jamie.Cogdell@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: OriginalHolder: Jamie CogdellLocation: DocuSign 2/23/2018 11:06:09 AM Jamie.Cogdell@cityofdenton.com Signer EventsSignatureTimestamp Jamie CogdellSent: 2/23/2018 11:19:04 AM Completed jamie.cogdell@cityofdenton.comViewed: 2/23/2018 11:19:16 AM Senior BuyerSigned: 2/23/2018 11:20:41 AM Using IP Address: 129.120.6.150 City Of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mark BurckhardSent: 2/23/2018 11:20:44 AM mburckhard@grahamcivil.comResent: 2/23/2018 12:01:21 PM DBA Graham Associates, Inc.Viewed: 2/23/2018 5:37:41 PM Security Level: Email, Account Authentication Signed: 2/23/2018 5:39:28 PM Using IP Address: 72.54.93.70 (None) Electronic Record and Signature Disclosure: Accepted: 1/30/2018 4:52:36 PM ID: eacc9463-994d-4fc4-9943-03b3a39d00a9 Larry CollisterSent: 2/23/2018 5:39:32 PM larry.collister@cityofdenton.comResent: 2/27/2018 4:24:23 PM Deputy City AttorneyViewed: 3/1/2018 1:25:55 PM Security Level: Email, Account Authentication Signed: 3/1/2018 1:26:20 PM Using IP Address: 129.120.6.150 (None) Electronic Record and Signature Disclosure: Accepted: 9/26/2017 2:27:28 PM ID: 01f5f868-f109-4e29-ad49-21db9046c882 Rebecca HunterSent: 3/1/2018 1:26:23 PM rebecca.hunter@cityofdenton.com Assistant Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman todd.hileman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Signer EventsSignatureTimestamp Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Jennifer Walters jennifer.walters@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Rebecca HunterSent: 2/23/2018 5:39:31 PM rebecca.hunter@cityofdenton.com Assistant Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri ThurmanSent: 2/23/2018 5:39:31 PM sherri.thurman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Robin Fox Robin.fox@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Bridges jennifer.bridges@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy EventsStatusTimestamp Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lee Perry lee.perry@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted3/1/2018 1:26:23 PM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE APPROVAL OF THE FIRST AMENDMENT TO A CONTRACT WITH GRAHAM ASSOCIATES, INC.,FOR ENGINEERING SERVICES RELATING TO BONNIE BRAE PHASE 4 IMPROVEMENTS FROM IH 35E TO NORTH OF SCRIPTURE ROAD; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 6285 - PROVIDING FOR AN ADDITIONAL EXPENDITURE AMOUNT OF $303,960.25, FOR A TOTAL CONTRACT AMOUNT OF $1,204,216.50). WHEREAS, on January 10, 2017, by Ordinance No. 2017-010, the City awarded a contract to Graham Associates, Inc. in the amount of $900,256.25 for Engineering Services; and WHEREAS, base amendment be authorized to amend such contract agreement with respect to extending the contract an additional nine (9) months and increasing the payment amount as said fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The First Amendment, extending the length of the contract by nine months and increasing the amount of the contract between the City and Graham Associates, Inc., which is on file in the office of the Purchasing Agent, in the amount of Three Hundred Three Thousand, Nine Hundred Sixty Thousand Dollars and Twenty-five Cents ($303,960.25), is approved and the expenditure of funds therefor is hereby authorized in accordance with said amendment. The total contract amount increases to $1,204,216.50. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2018. _____________________________ CHRIS WATTS, MAYOR City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-417,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute an Interlocal Cooperation Agreement with the University of North Texas under Chapter 791 of the Texas Government Code, to authorize the City of Denton to participate in a project to develop a strategic staffing plan which will assess the current staffing levels within the patrol and communications divisions and making projections and recommendations for staffing needs over the next five years; authorizing the expenditure of funds therefor; and declaring an effective date (File 6741-Interlocal Cooperation Agreement with the University of North Texas in the amount of $21,505). City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: March 20, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute an Interlocal Cooperation Agreement with the University of North Texas under Chapter 791 of the Texas Government Code, to authorize the City of Denton to participate in a project to develop a strategic staffing plan which will assess the current staffing levels within the patrol and communications divisions and making projections and recommendations for staffing needs over the next five years; authorizing the expenditure of funds therefor; and declaring an effective date (File 6741- Interlocal Cooperation Agreement with the University of North Texas in the amount of $21,505). BACKGROUND The City of Denton has conferred with the University of North Texas to assist in the development of a Strategic Plan for the Denton Police Department in an effort to help guide the Department with staffing needs for the next five years as well as providing an assessment of staffing efficiencies. The UNT research team will take a multi-faceted approach to analyze the staffing needs of the Patrol and Communications Divisions. They will conduct in-depth interviews and focus groups as well as conducting a comprehensive review of statistical data, reports, scheduling, deployments, and overtime demands. The written report will develop a five-year strategic staffing plan which will integrate the staffing allocation and deployment plan and cursory efficiency analysis. The report will include the results, findings, data analysis, recommendations, and staffing models developed during the research project. Chapter 791 of the Texas Government Code requires that Interlocal Cooperation Agreements be authorized by the governing body, regardless of amount. RECOMMENDATION Staff recommends approval of the Interlocal Cooperation Agreement with the University of North Texas in the amount not-to-exceed $21,505. ESTIMATED SCHEDULE OF PROJECT A final report will be delivered April 2, 2018. FISCAL INFORMATION This agreement will be funded through the Police Department operating account 309801.7899. The approved budget for this line item was $35,000. Requisition # 137827 has been entered in the Purchasing software system. STRATEGIC PLAN RELATIONSHIP The City o-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.1 Enhance public safety in the community EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Interlocal Cooperation Agreement Exhibit 3: Ordinance Respectfully submitted: Karen Smith, 349-8436 Purchasing Manager For information concerning this acquisition, contact: Chief Lee Howell at 940-349-7925 6741 APPROVEDASTOLEGALFORM: BY:______________________________ AARONLEAL,CITYATTORNEY ATTEST: BY:______________________________ JENNIFERWALTERS,CITYSECRETARY City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-424,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDentonauthorizinganagreementbetweentheCityofDenton, TexasandFriendswithBenefitsforthepurposeofexpensesforoutingsforthechildrenatCumberland ChildrenÓs Home; providing for the expenditure of funds therefor; and providing for an effective date. ($160) City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT:CMO CM/DCM/ACM:Todd Hileman DATE:March 20, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Friends with Benefitsfor the purpose of expenses for outings for the children at Cumberland Children’sHome; providing for the expenditure of funds therefor; and providing for an effective date. ($160) BACKGROUND This Agreement allows for the total expenditure of $160from Council Contingency Funds. (Council Member Keely Briggs, $160. Key provisions of the Agreement include: Funds shall be used by Friends with Benefitsfor expenses related to outings for the children at Cumberland Children’s Home. In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds FISCAL INFORMATION Funding for the Agreement will come from Council Contingency Funds. STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: RelatedKey Focus Area: Safe, Liveable & Family-Friendly Community Related Goal:4.4 Provide outstanding leisure, cultural, and educational opportunities EXHIBITS Exhibit 1 –Agenda Information Sheet Exhibit 2 –Ordinance Exhibit 3 –Agreement Respectfully submitted: Todd Hileman City Manager Prepared by: Robin Fox Senior Executive Assistant City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-429,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton approving a tariff authorizing an annual Rate Review Mechanism (“RRM”) as a substitution for the annual interim rate adjustment process defined by Section 104.301 of the Texas Utilities Code, and as negotiated between Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”) and the Steering Committee of Cities served by Atmos; requiring the company to reimburse Cities’ reasonable ratemaking expenses; adopting a savings clause; determining that this ordinance was passed in accordance with the requirements of the open meetings act; declaring an effective date; and requiring delivery of this ordinance to the company and legal counsel for the Steering Committee. City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT:City Manager’s Office CM/DCM/ACM:Mario Canizares DATE:March 20, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton approving a tariff authorizing an annual Rate Review Mechanism (“RRM”) as a substitution for the annual interim rate adjustment process defined by Section 104.301 of the Texas Utilities Code, and as negotiated between Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”) and the Steering Committee of Cities served by Atmos; requiring the company to reimburse Cities’ reasonable ratemaking expenses; adopting a savings clause; determining that this ordinance was passed in accordance with the requirements of the open meetings act; declaring an effective date; and requiring delivery of this ordinance to the company and legal counsel for the Steering Committee. BACKGROUND On October 24, 2017, the City Council authorized that the City of Denton join the Atmos Cities Steering Committee (“ACSC”). The ACSC is a 172-member city coalition, representing approximately 1,053,840 Atmos Energy gas meters across the State of Texas. The Coalition is designed to advocate the interest of cities (and its citizens) regarding gas rate increases and other regulatory matters. In 2007, the ACSC Cities and Atmos Mid-Tex settled a rate application filed by the Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation). That settlement created a substitute rate review process, referred to as Rate Review Mechanism (“RRM”), as a substitute for future filings under the GRIP statute. Since 2007, there have been several modifications to the original RRM Tariff. The Company’s application under the 2017 RRM Tariff also terminated the existing RRM Tariff and required a renegotiation of the terms of that tariff. Negotiations have taken place over the past several months and have resulted in a revised RRM Tariff that has been agreed to by Atmos. The ACSC Executive Committee has recommended to its member Cities the acceptance of the revised RRM Tariff through the passage of an ordinance by April 1, 2017. The revised RRM Tariff include the following changes: Reduces the rate of return on equity from 10.50% to 9.8%. Captures thereduction in federal income tax rates from 35% to 21% and should result in a rate reduction effective by mid-March, 2018. Extends the time period by two additional months for Cities to review a future Atmos rate filing application. Previously, Cities were only given three months to review Atmos’ filing, that time is now five months. Atmos’ new rate filing should be made on or about April 1 of each year, with new rates becoming effective October 1. Reduced the allowable expenses related to Atmos’ Shared Services Unit. RECOMMENDATION Staff recommends that the City of Denton City Council adopt the attached ordinance approving a revised rate review process also known as the Rate Review Mechanism Tariff regarding Atmos Energy’s gas rate increases and other regulatory matters. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On September 12, 2017, the Audit/Finance Committee recommended to City Council that Denton join the Atmos Cities Steering Committee (ACSC) coalition. On October 24, 2017, City Council authorized Denton to join the Atmos Cities Steering Committee (ACSC) coalition. FISCAL INFORMATION Not applicable. STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence Related Goal:1.1 Manage financial resources in a responsible manner EXHIBITS 1. Agenda Information Sheet 2. Ordinance 3. Rate Review Mechanism Respectfully submitted: Mario Canizares Assistant City Manager Prepared by: Mario Canizares Assistant City Manager ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: RRM – Rate Review Mechanism ALL CITIES IN THE MID-TEX DIVISION AS IDENTIFIED IN EXHIBIT A TO APPLICABLE TO: THIS RATE SCHEDULE EFFECTIVE DATE:Bills Rendered on and after 04/01/2018 PAGE: 1 I. Applicability Applicable to Residential, Commercial, Industrial, and Transportation tariff customers within the city limits of cities identified in Exhibit A that receive service from the Mid-Tex Division of Atmos Energy Corporation (Company). This Rate Review Mechanism (RRM) provides for an annual adjustment to the Companys Rate Schedules R, C, I and T (Applicable Rate Schedules). Rate calculations and adjustments required by this tariff shall be determined on a System-Wide cost basis. II. Definitions Test Period is defined as the twelve months ending December 31 of each preceding calendar year. The Effective Date is the date that adjustments required by this tariff are applied to customer bills. The annual Effective Date is October 1. Unless otherwise provided in this tariff the term Final Order refers to the final order issued by the Railroad Commission of Texas in GUD No. 10170 and elements of GUD No. 10580 as specified in Section III below. The term System-Wide means all incorporated and unincorporated areas served by the Company. Review Period is defined as the period from the Filing Date until the Effective Date. The Filing Date is as early as practicable, but no later than April 1 of each year. III. Calculation The RRM shall calculate an annual, System-Wide cost of service (COS) that will be used to adjust applicable rate schedules prospectively as of the Effective Date. The Company may request recovery of its total cost of service but will include schedules showing the computation of any adjustments. The annual cost of service will be calculated according to the following formula: COS = OM + DEP + RI + TAX + CD Where: OM = all reasonable and necessary operation and maintenance expenses from the Test Period adjusted for known and measurable items and prepared ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: RRM – Rate Review Mechanism ALL CITIES IN THE MID-TEX DIVISION AS IDENTIFIED IN EXHIBIT A TO APPLICABLE TO: THIS RATE SCHEDULE EFFECTIVE DATE:Bills Rendered on and after 04/01/2018 PAGE: 2 consistent with the rate making treatments approved in the Final Order. Incentive compensation (Management Incentive Plan, Variable Pay Plan and Long Term Incentive Plan) related to Atmos Shared Services Unit will be applied consistent with treatment approved in GUD 10580. Additionally, O&M adjustments will be incorporated and applied as modified by a final order, not subject to appeal, issued by the Railroad Commission of Texas in subsequent rate cases involving the Atmos Mid-Tex or West Texas divisions. Known and measurable adjustments shall be limited to those changes that have occurred prior to the Filing Date. OM may be adjusted for atypical and non-recurring items. Shared Services allocation factors shall be recalculated each year based on the latest component factors used during the Test Period, but the methodology used will be that approved in the Final Order in GUD 10580. DEP = depreciation expense calculated at depreciation rates approved by the Final Order. Additionally, if depreciation rates are approved in a subsequent final order, not subject to appeal, issued by the Railroad Commission of Texas for the Mid-Tex division those rates would be applicable for subsequent RRM filings. RI = return on prudently incurred investment calculated as the Company's pretax return multiplied by rate base at Test Period end. Rate base is prepared consistent with the rate making treatments approved in the Final Order, and as in GUD 10580 as specifically related to capitalized incentive compensation (Management Incentive Plan, Variable Pay Plan and Long Term Incentive Plan) for Atmos Shared Services Unit. However, no post Test Period adjustments will be permitted. Additionally, adjustments will be incorporated and applied as modified by a final order, not subject to appeal, issued by the Railroad Commission of Texas in subsequent rate cases involving the Atmos Mid-Tex or West Texas divisions. Pretax return is the Company's weighted average cost of capital before income taxes. The Company's weighted average cost of capital is calculated using the methodology from the Final Order including the Company's actual capital structure and long term cost of debt as of the Test Period end (adjusted for any known and measurable changes that have occurred prior to the filing date) and the return on equity of 9.8%. However, in no event will the percentage of equity exceed 58%. Regulatory adjustments due to prior regulatory rate base adjustment disallowances will be maintained. Cash working capital will be calculated using the lead/lag days approved in the Final Order. With respect to pension and other postemployment benefits, the Company will record a regulatory asset or liability for these costs until the amounts are included in the next annual rate adjustment implemented under this tariff. Each year, the Companys filing under this Rider RRM will clearly state the level of pension ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: RRM – Rate Review Mechanism ALL CITIES IN THE MID-TEX DIVISION AS IDENTIFIED IN EXHIBIT A TO APPLICABLE TO: THIS RATE SCHEDULE EFFECTIVE DATE:Bills Rendered on and after 04/01/2018 PAGE: 3 and other postemployment benefits recovered in rates. TAX = income tax and taxes other than income tax from the Test Period adjusted for known and measurable changes occurring after the Test Period and before the Filing Date, and prepared consistent with the rate making treatments approved in the Final Order. Atmos Energy shall comprehensively account for, including establishing a regulatory liability to account for, any statutory change in tax expense that is applicable to months during the Test Period in the calculation to ensure recovery of tax expense under new and old income tax rates. CD = interest on customer deposits. IV. Annual Rate Adjustment The Company shall provide schedules and work papers supporting the Filings revenue deficiency/sufficiency calculations using the methodology accepted in the Final Order. The result shall be reflected in the proposed new rates to be established for the effective period. The Revenue Requirement will be apportioned to customer classes in the same manner that Companys Revenue Requirement was apportioned in the Final Order. For the Residential Class, 50% of the increase may be recovered in the customer charge. However, the increase to the Residential customer charge shall not exceed $0.60 per month in the initial filing and $0.70 per month in any subsequent year. The remainder of the Residential Class increase not collected in the customer charge will be recovered in the usage charge. For all other classes, the change in rates will be apportioned between the customer charge and the usage charge, consistent with the Final Order. Test Period billing determinants shall be adjusted and normalized according to the methodology utilized in the Final Order. V. Filing The Company shall file schedules annually with the regulatory authority having original jurisdiction over the Company's rates on or before the Filing Date that support the proposed rate adjustments. The schedules shall be in the same general format as the cost of service model and relied-upon files upon which the Final Order was based. A proof of rates and a copy of current and proposed tariffs shall also be included with the filing. The filing shall be made in electronic form where practical. The Companys filing shall conform to Minimum Filing Requirements (to be agreed upon by the parties), which will contain a minimum amount of information that will assist the regulatory authority in its review and analysis of the filing. The Company and regulatory authority will endeavor to hold a technical conference regarding the filing within twenty (20) calendar days after the Filing Date. ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: RRM – Rate Review Mechanism ALL CITIES IN THE MID-TEX DIVISION AS IDENTIFIED IN EXHIBIT A TO APPLICABLE TO: THIS RATE SCHEDULE EFFECTIVE DATE:Bills Rendered on and after 04/01/2018 PAGE: 4 A sworn statement shall be filed by an Officer of the Company affirming that the filed schedules are in compliance with the provisions of this Rate Review Mechanism and are true and correct to the best of his/her knowledge, information, and belief. No testimony shall be filed, but a brief narrative explanation shall be provided of any changes to corporate structure, accounting methodologies, allocation of common costs, or atypical or non- recurring items included in the filing. VI. Evaluation Procedures The regulatory authority having original jurisdiction over the Company's rates shall review and render a decision on the Company's proposed rate adjustment prior to the Effective Date. The Company shall provide all supplemental information requested to ensure an opportunity for adequate review by the relevant regulatory authority. The Company shall not unilaterally impose any limits upon the provision of supplemental information and such information shall be provided within seven (7) working days of the original request. The regulatory authority may propose any adjustments it determines to be required to bring the proposed rate adjustment into compliance with the provisions of this tariff. The regulatory authority may disallow any net plant investment that is not shown to be prudently incurred. Approval by the regulatory authority of net plant investment pursuant to the provisions of this tariff shall constitute a finding that such net plant investment was prudently incurred. Such finding of prudence shall not be subject to further review in a subsequent RRM or Statement of Intent filing. During the Review Period, the Company and the regulatory authority will work collaboratively and seek agreement on the level of rate adjustments. If, at the end of the Review Period, the Company and the regulatory authority have not reached agreement, the regulatory authority shall take action to modify or deny the proposed rate adjustments. The Company shall have the right to appeal the regulatory authority's action to the Railroad Commission of Texas. Upon the filing of an appeal of the regulatory authority's order relating to an annual RRM filing with the Railroad Commission of Texas, the regulatory authority having original jurisdiction over the Company's rates shall not oppose the implementation of the Company's proposed rates subject to refund, nor will the regulatory authority advocate for the imposition of a third party surety bond by the Company. Any refund shall be limited to and determined based on the resolution of the disputed adjustment(s) in a final, non-appealable order issued in the appeal filed by the Company at the Railroad Commission of Texas. ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: RRM – Rate Review Mechanism ALL CITIES IN THE MID-TEX DIVISION AS IDENTIFIED IN EXHIBIT A TO APPLICABLE TO: THIS RATE SCHEDULE EFFECTIVE DATE:Bills Rendered on and after 04/01/2018 PAGE: 5 In the event that the regulatory authority and Company agree to a rate adjustment(s) that is different from the adjustment(s) requested in the Companys filing, the Company shall file compliance tariffs consistent with the agreement. No action on the part of the regulatory authority shall be required to allow the rate adjustment(s) to become effective on October 1. To the extent that the regulatory authority does not take action on the Company's RRM filing by September 30, the rates proposed in the Company's filing shall be deemed approved effective October 1. Notwithstanding the preceding sentence, a regulatory authority may choose to take affirmative action to approve a rate adjustment under this tariff. In those instances where such approval cannot reasonably occur by September 30, the rates finally approved by the regulatory authority shall be deemed effective as of October 1. To defray the cost, if any, of regulatory authorities conducting a review of the Company's annual RRM filing, the Company shall reimburse the regulatory authorities on a monthly basis for their reasonable expenses incurred upon submission of invoices for such review. Any reimbursement contemplated hereunder shall be deemed a reasonable and necessary operating expense of the Company in the year in which the reimbursement is made. A regulatory authority seeking reimbursement under this provision shall submit its request for reimbursement to the Company no later than December 1 of the year in which the RRM filing is made and the Company shall reimburse regulatory authorities in accordance with this provision on or before December 31 of the year the RRM filing is made. To the extent possible, the provisions of the Final Order shall be applied by the regulatory authority in determining whether to approve or disapprove of Companys proposed rate adjustment. This Rider RRM does not limit the legal rights and duties of a regulatory authority. Nothing herein shall abrogate the jurisdiction of the regulatory authority to initiate a rate proceeding at any time to review whether rates charged are just and reasonable. Similarly, the Company retains its right to utilize the provisions of Texas Utilities Code, Chapter 104, Subchapter C to request a change in rates. The provisions of this Rider RRM are implemented in harmony with the Gas Utility Regulatory Act (Texas Utilities Code, Chapters 101-105). The annual rate adjustment process set forth in this tariff shall remain in effect during the pendency of any Statement of Intent rate filing. ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: RRM – Rate Review Mechanism ALL CITIES IN THE MID-TEX DIVISION AS IDENTIFIED IN EXHIBIT A TO APPLICABLE TO: THIS RATE SCHEDULE EFFECTIVE DATE:Bills Rendered on and after 04/01/2018 PAGE: 6 VII. Reconsideration, Appeal and Unresolved Items Orders issued pursuant to this mechanism are ratemaking orders and shall be subject to appeal under Sections 102.001(b) and 103.021, et seq., of the Texas Utilities Code (Vernon 2007). VIII. Notice Notice of each annual RRM filing shall be provided by including the notice, in conspicuous form, in the bill of each directly affected customer no later than forty-five (45) days after the Company makes its annual filing pursuant to this tariff. The notice to customers shall include the following information: a) a description of the proposed revision of rates and schedules; b) the effect the proposed revision of rates is expected to have on the rates applicable to each customer class and on an average bill for each affected customer; c) the service area or areas in which the proposed rates would apply; d) the date the annual RRM filing was made with the regulatory authority; and e) the Companys address, telephone number and website where information concerning the proposed rate adjustment can be obtained. ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: RRM – Rate Review Mechanism ALL CITIES IN THE MID-TEX DIVISION AS IDENTIFIED IN EXHIBIT A TO APPLICABLE TO: THIS RATE SCHEDULE EFFECTIVE DATE:Bills Rendered on and after 04/01/2018 PAGE: 7 Exhibit A ACSC Cities Abilene Cleburne Frost Lincoln Park Addison Clyde Gainesville Little Elm Albany College Station Garland Lorena Allen Colleyville Garrett Madisonville Alvarado Colorado City Grand Prairie Malakoff Angus Comanche Grapevine Mansfield Anna Commerce Groesbeck Mckinney Argyle Coolidge Gunter Melissa Arlington Coppell Haltom City Mesquite Aubrey Copperas Cove Harker Heights Midlothian Azle Corinth Haskell Murphy Bedford Crandall Haslet Newark Bellmead Crowley Hewitt Nocona Benbrook Dalworthington Gardens Highland Park North Richland Hills Beverly Hills Denison Highland Village Northlake Blossom Denton Honey Grove Oak Leaf Blue Ridge Desoto Hurst Ovilla Bowie Draper Hutto Palestine Boyd Duncanville Iowa Park Pantego Bridgeport Eastland Irving Paris Brownwood Edgecliff Village Justin Parker Buffalo Emory Kaufman Pecan Hill Burkburnett Ennis Keene Petrolia Burleson Euless Keller Plano Caddo Mills Everman Kemp Ponder Canton Fairview Kennedale Pottsboro Carrollton Farmers Branch Kerens Prosper Cedar Hill Farmersville Kerrville Quitman Celeste Fate Killeen Red Oak Celina Flower Mound Krum Reno (Parker County) Centerville Forest Hill Lake Worth Rhome Cisco Forney Lakeside Richardson Clarksville Fort Worth Lancaster Richland Frisco Lewisville Richland Hills ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: RRM – Rate Review Mechanism ALL CITIES IN THE MID-TEX DIVISION AS IDENTIFIED IN EXHIBIT A TO APPLICABLE TO: THIS RATE SCHEDULE EFFECTIVE DATE:Bills Rendered on and after 04/01/2018 PAGE: 8 River Oaks Temple Roanoke Terrell Robinson The Colony Rockwall Trophy Club Roscoe Tyler Rowlett University Park Royse City Venus Sachse Vernon Saginaw Waco Sansom Park Watauga Seagoville Waxahachie Sherman Westlake Snyder Westover Hills Southlake Westworth Village Springtown White Settlement Stamford Whitesboro Stephenville Wichita Falls Sulphur Springs Woodway Sweetwater Wylie City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-148,Version:1 AGENDA CAPTION Consider approval of a resolution replacing the current City of Denton Policy for Tax Abatement and Incentives to establish guidelines and criteria governing tax abatement agreements and other types of incentive agreements. City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Economic Development CM/ DCM/ ACM: Bryan Langley DATE: March 20, 2018 SUBJECT Consider approval of a resolution replacing the current City of Denton Policy for Tax Abatement and Incentives to establish guidelines and criteria governing tax abatement agreements and other types of incentive agreements. BACKGROUND When the City Council desires to incentivize a company to locate or expand in Denton, it may use the tools of property tax abatement and property or sales tax rebate. The City has a Policy for Tax Abatement and Incentives that guides the use of these tools. Under state law, the Policy for Tax Abatement and Incentives must be approved by the City Council every two years; the deadline for approval is April 5, 2018. Staff began the policy revision process in 2017 and presented a work session on the proposed revisions to the Economic Development Partnership (EDP) Board on Jan. 10, 2018. suggestions and comments from that work session were presented to the City Council in a work session on Jan. 16. The feedback from the EDP Board and Council was incorporated into the draft and presented again to the EDP Board on Feb. 14 for its recommendation to Council. Council received a work session regarding the (7-0) of the policy on Feb. 27. During that meeting, Councilmembers asked staff to modify the policy to include a minimum threshold of 95% of capital investment and jobs as stated in the application. The policy being presented for approval has incorporated the edits requested by the EDP Board and City Council during all prior work sessions. The primary changes to the policy include improved formatting, expanded definitions, removal of the specific capital investment framework, more parameters around incentivizing retail projects, addition of a general jobs-based incentive option, and a minimum threshold of 95% of capital investment and jobs claimed in application. PRIOR ACTION February 27, 2018 Work Session presented to City Council February 14, 2018 Economic Development Partnership Board recommends approval of the revised Policy for Tax Abatement and Incentives (7-0) January 16, 2018 Work Session presented to City Council January 10, 2018 Work Session presented to the Economic Development Partnership Board STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.1 Develop targeted policies and incentives to achieve desired economic growth EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution Exhibit 3 Revised Policy for Tax Abatement and Incentives Exhibit 4 Incentive Policy Revision Summary Exhibit 5 Presentation Respectfully submitted: Caroline Booth Director of Economic Development EXHIBIT A CITY OF DENTON POLICY FOR TAX ABATEMENT AND INCENTIVES I. GENERAL PROVISIONS A. I-35 transportation corridor, educated population, skilled workforce, and friendly business climate make it a natural place for business and industry success. As the county seat of Denton County, Denton is a well-established city that is currently enjoying rapid growth as companies and individuals are drawn to the opportunities found here. The provisions of this policy apply in the city limits of the City of Denton, Texas, (City) and any applicable extraterritorial jurisdiction of the City. B. The City is committed to promoting economic growth and redevelopment that expands and diversifies the tax base; creates quality jobs; enhances the quality of life for residents; protects human health and the environment, and secures new customers for municipal utilities. The City is a national model for public power through Denton Municipal Electric, which currently incorporates at least 40 percent renewable energy into its portfolio and has committed to obtaining 100% renewable energy by 2020. Local economic development incentives serve as a tool for the City to use in accomplishing these objectives. To provide a framework for the consideration of the use of public resources to stimulate economic activity, the City has established this policy to align the use of incentives with the and ensure a positive return on investment for the community. Tax incentives, as described herein, are governed by Section 312 of the Texas Property Tax Code and Chapter 380 of the Texas Local Government Code. C. While this policy is used to outline the procedures and criteria for granting incentives, nothing in this document implies that the City is under any obligation to provide an incentive to any applicant. Further, though this policy provides a framework for evaluation of incentive applications, every project will be considered on a case-by-case basis by the Economic Development Partnership Board (EDPB) and the City Council. Incentives will not be considered if a building permit for new construction has been issued, a permit for commercial alterations has been issued, or purchase of an existing building has been executed (excluding existing businesses seeking to expand). D. The City has target industry sectors for recruitment that will be given priority consideration: aviation/aerospace; advanced manufacturing; renewable energy; research and development; information technology; supply chain for existing primary employers, and significant consumers of municipal utilities. While these sectors will be given priority consideration, not being in a target industry does not disqualify a business from applying for an incentive if it meets other requirements under the policy. E. Priority consideration may also be given for projects that further the following City economic goals and objectives: Promoting business and community investment Expanding and diversifying the tax base Promoting public-private partnerships in investment Increasing jobs with wages above Denton Countys median wage Њ Increasing the percentage of jobs paying $75,000 per year or more from 10 to 14 percent by 2020 Encouraging higher-skilled and knowledge-based jobs Causing infill redevelopment to reduce urban sprawl or to encourage other desirable development Encouraging start-up and small businesses to promote entrepreneurship and innovation Generating new customers for municipal utilities Engaging in sustainable practices or activities F. Only retail projects (retail stores, restaurants, shopping centers, or malls) that offer unique goods, services, or a brand that is not currently offered in the Denton city limits may be considered for incentives. This consideration is designed to help address unmet demand and minimize retail leakage from the City into the surrounding trade area. A minimum of $15 million in annual taxable sales generated is required in order to be eligible for consideration of a rebate of sales taxes. The City may rebate a portion of the sales taxes generated not to exceed 50% of the sales tax receipts. G. This policy is adopted under the authority of the Constitution and Laws of the State of Texas and the City Charter of the City of Denton, Texas. H. Applicants requesting incentives in Denton will be considered under the provisions of this policy. Projects are evaluated with regard to their return on investment and public benefit. This could include addition of ad valorem tax value, sales tax, quality jobs, or other significant public benefit. I. Every incentive agreement the City enters into is an investment for the public benefit, and each project is considered with regard to its merit to the community at large. Performance measures will be established for each project, and annual compliance reporting must be completed by incentive recipients prior to receipt of incentives. J. Projects that do not meet performance measures are subject to recapture of a portion or all of the incentive value. Should an incentive recipient fail to meet performance measures and to perform under the prescribed cures, incentives are subject to repayment to the City of Denton. K. The Denton County Tax Abatement Policy states that applicants whose projects will be located in or are currently located in a municipality within the county must have an approved and executed Tax Abatement Agreement with that municipality prior to applying for a Denton County tax abatement. Denton County will not utilize Chapter 381 of the Texas Local Government Code to administer a community and economic development program to provide grants as a form of economic development. II. DEFINITIONS Agreementmeans a contract between an Incentive recipient and the City clarifying the terms, performance measures, and obligations of the parties. Assessed Taxable Value means the value of the real and business personal property, as appraised Ћ by the Denton Central Appraisal District (DCAD), after any exemptions have been applied. Base Year ValueAssessed Taxable Value as of January 1 preceding the execution of the agreement, excluding land value, inventory, vehicles and supplies, as determined by the DCAD. Business Park is defined as a multi-building, multi-tenant, master planned complex of approximately one million square feet or more under roof, constructed to house manufacturing, distribution, assembly, and office facilities. Business Personal Property and excluding inventory, vehicles and supplies. means the total actual capital cost to grantee for the acquisition of land, development, and construction of the Project, including a reasonable capital operating reserve, and the furniture and equipment installed at the Project. City means the City of Denton, Texas, and its governing and operating bodies. grantee or other persons report and remit City of Denton hotel occupancy taxes imposed under Chapter 351 of the Texas Tax Code on amounts paid for hotel rooms in the Project. y Support and Involvemenmay include but is not limited to monetary or active investment in local nonprofits, public institutions or community organizations. event in which a party to an Agreement has failed to meet Performance Measures and to perform under prescribed cures. areas, increased employment, or higher Assessed Value of Real Property or Business Personal Property by a firm already located in the City. economically purposeful activity. igher wage means having an average annual wage of $55,000 or greater for all positions or at least 25% of the positions have an annual wage of $65,000 or greater. or rebate or any other incentives not prohibited by state or federal law. -time employment position that has provided or will result in employment of at least 2,080 hours per position per year. Part-time positions may be aggregated to create a full-time position for consideration in this policy. nowledge-based job are defined as occupations which require specialized and theoretical Ќ knowledge, usually acquired through a college education or through work experience or other training which provides comparable knowledge; require some research, analysis, report writing and presentations; or require special licensing, certification, or registration to perform the job task. eadership in Energy and Environmental Design" (LEED) certification is a voluntary internationally recognized green building certification system, with verification by a third party that a building or community was designed and built using strategies aimed at improving performance across the following metrics: energy savings, water efficiency, CO 2 emissions reduction, improved indoor environmental quality, and stewardship of resources. cal Contractor and Local Sub-Contractor refers to vendors that have their principal office or place of business, as reported to the Texas Secretary of State Office, located within Denton City Limits or Extraterritorial Jurisdiction (ETJ). productive input or output, updates the technology, or substantially lowers the unit cost of operation, and extends the economic life of the facility. Modernization may result from the construction, alteration, or installation of buildings, structures, fixed machinery, or equipment. reported to the City annually using a certificate of compliance provided in the Agreement or as otherwise prescribed by the Agreement. the community or region. tion of proposed investment, improvements, and economic activity that is submitted in an application for an economic incentive. Retail means the selling of consumer goods or services to customers. Retail Leakage businesses capture and indicates there is an unmet demand in the community for certain types of products. Keeping sales tax dollars in the City is the goal of minimizing retail leakage. for new or expanded reinvestment zone designated as such for economic development purposes business development for a period of up to 10 years . Abatement may be granted for real property improvements and/or business personal property. y. the purpose of granting incentives as authorized by law. means the 1% general municipal sales and use taxes imposed by the City of Denton pursuant to Section 321.103(a) of Texas Tax Code and 0.5% additional municipal sales and use tax imposed by the City of Denton from property tax reduction pursuant to Section 321.103(b) of Ѝ the Texas Tax Code and arising (i) from any collection of sales taxes as a result of sales of taxable items consummated at the Project during the term of this Agreement, (ii) from any payments to vendors or directly to the Texas Comptroller of Public Accounts of City Sales Taxes on purchases of taxable items consummated at the Project during the term of this Agreement, and (iii) from City Sales Taxes paid by any person in connection with the construction or equipping of the Project. ainable materials biobased; recyclable; pollution reduction equipment or systems; and reclaimed goods. Comptroller of Public Monthly Sales Tax means reports from the Comptroller to the City as provided in Section 321.3022 of the Texas Tax Code that identify amounts paid from the Comptroller to the City, by period, of Sales Taxes. If during the term of this Agreement, due to a change in law or policy the Comptroller ceases providing such reports with respect to the Sales Taxes, Comptroller of Public Monthly Sales Tax means alternative documentation that the Parties agree establishes the amounts of Sales Taxes received by the City. Construction Sales and Use Tax This incentive involves a rebate of a portion of the local sales and use taxes for the purchase of construction materials and furniture/fixtures/equipment that would generate additional tax revenue that the City of Denton would not otherwise receive. Direct Payment means that permit issued by the State of Texas authorizing Grantee to self-assess and pay applicable state and local use taxes directly to the State of Texas related to selected portions of taxable purchases. Texas Sales and Use Tax Return means a return or other statement in a form acceptable to the City setting forth the collection of use tax imposed by the City and received by the City from the State of Texas, for the use of taxable items by Grantee at the Property for the applicable grant period which are to be used to determine eligibility for a Grant, together with such supporting documentation required herein, and as the City may reasonably request. III. APPLICATION PROCEDURE A. To ensure fairness, accountability, and compliance with all applicable regulations, every incentive request must proceed through a uniform application process. Nothing within these guidelines implies or suggests that the City is under any obligation to provide an incentive to any applicant. a. Applicant shall complete the attached Incentive Application (Exhibit A). The application will not be considered until it is administratively complete. b. Applicant shall prepare a map or other documents providing the following: precise location of the property and all roadways within 500 feet of the site; existing uses and conditions of real property; proposed improvements and uses; any proposed changes in zoning; compatibility with the Denton 2030 Plan and applicable building codes and City ordinances; a complete legal description. c. Applicant shall complete all forms and information detailed in the Incentive Application and submit all information to the Economic Development Department, City of Denton, 215 E. McKinney, Denton, TX 76201. d. All information in the application package detailed above will be reviewed for Ў completeness and accuracy. Additional information may be requested as needed. e. The application will be distributed to the appropriate City departments for internal review and comments. Additional information may be requested as needed. f. Fiscal agents of the City may review the application for comment and recommendation. Additional information may be requested as needed. g. The Denton Economic Development Partnership board (EDPB) serves as an advisory body, which makes recommendations to the City Council regarding whether economic development incentives should be offered in each individual case. Its recommendation shall be based upon an evaluation of information submitted in the incentive application and any additional information requested by the EDPB or presented to the EDPB. The EDPB will consider the application at a regular or special-called meeting(s). All meetings of the EDPB shall be held in compliance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Additional information may be requested as needed. The recommendation of the EDPB will be forwarded, with all relevant materials, to the City Council. h. If the City Council decides to grant a tax abatement, it shall call a public hearing to consider establishment of a tax reinvestment zone in accordance with Section 312.201 of the Tax Code. The reinvestment zone must meet one or more of the criteria of Section 312.202 of the Tax Code. i. The City Council may consider adoption of an ordinance or resolution approving the terms and conditions of a contract between the City and the applicant governing the provision of the tax abatement or incentive and the commitments of the applicant, including all the terms required by Section 312.205 of the Tax Code and such other terms and conditions as the City Council may require. j. The City reserves the authority to enter into tax abatement agreements at differing percentages and/or terms as set forth in the guidelines of this Policy, consistent with the requirements of Chapter 312 of the Texas Tax Code. The City also reserves the authority to enter into incentive agreements under Chapter 380 of the Texas Local Government Code. B. Section 312.003 of the Texas Tax Code makes confidential information provided to the City as a part of this application that describes the specific processes or business activities to be conducted or the equipment or other property to be located on the property. This information is not subject to public disclosure until the incentive agreement is executed. Section 522.131 of the Texas Government Code (Texas Public Information Act) makes confidential information which relates to economic development negotiations between the City and a business prospect that the City seeks to have locate, stay or expand in or near the territory of the City. The information must relate to a trade secret of the business prospect, commercial or financial information which the business prospect can demonstrate based on specific factual evidence that disclosure would cause substantial competitive harm to the person from whom the information was obtained or information about a financial or other incentive being offered to the business prospect by the City or by another person. Information about a financial or other incentive being offered to the business prospect is required to be disclosed when an agreement is made with a business prospect. The City will respond to requests for disclosure as required by law and will assert exceptions to disclosure as it deems relevant. The City will make reasonable attempts to notify the applicant of the request so it may assert its own objections to the Attorney General. C. Any incentive agreement will address various issues, including but not limited to, Џ the following: a. General description of the project b. Amount of the incentive and percent of value to be abated or rebated each year c. Method of calculating the value of the abatement d. Duration of the abatement, including commencement date and termination date e. Legal description of the property f. Kind, number, location and timetable of planned improvements g. Specific terms and conditions to be met by applicant, which will be based on the information submitted by the applicant in the Incentive Application and/or other appropriate criteria h. The proposed use of the facility and nature of construction i. Contractual obligations in the event of default, violation of terms or conditions, delinquent taxes, recapture, any decrease in valuation, administration and assignment D. Businesses receiving an incentive are asked to use diligent efforts to purchase all goods and services from Denton businesses whenever such goods and services are comparable in availability, quality and price. The City of Denton also encourages the use, if applicable, of qualified contractors, subcontractors and suppliers who are historically underutilized businesses based on information provided by the General Services Commission pursuant to Chapter 2161 of the Government Code. E. Businesses receiving an incentive are encouraged to use diligent efforts to hire local contractors and local subcontractors where possible during construction of the project. F. Businesses receiving incentives are asked to endeavor to make available, or endeavor to cause lessees or assignees to make available full-time or part-time employment for Denton residents. In this effort, the business, lessee or assignee is encouraged to recruit from the low-moderate income Census tracts as further defined by the U.S. Department of Housing and Urban Developments (HUD) Qualified Census Tracts (QCT) map shown in Figure 1. HUD defines QCTs as nsus tracts in which one-half or more of the households have incomes below 60 percent of the area median income or the poverty rate is 25 percent of \[or\] higher. FIGURE 1: DENTON, TEXAS 2014-2015 Qualified Census Tracts А IV. INCENTIVE TOOLS A.Tax Abatement: New,expanding,andmodernizingbusinessesmay beconsideredfor atax abatement if a minimum threshold of $5 million in ad valorem value will be created by the project. To qualify, companies must meet the minimum threshold in the first 24 months from the execution of the agreement or as specified in the tax abatement agreement. If, upon initial application, a project qualifies for tax abatement under the guidelines set forth in this Policy, the City may consider the following factors in evaluating its public benefit: The project will occupy a building that has been vacant for at least two years; The project will create knowledge based, high-skilled or higher-paying jobs as documented by the applicant (An average wage that is above the median wage in Denton County or at least 25 percent of jobs requiring a college bachelos degree at entry level will be used to determine eligibility); The project will involve a significant relationship with one of the two universities in Denton; The project will create improvements to the Denton Downtown Implementation Plan area; The project is an international or national headquarters facility; Renewable energy will be generated, stored, or utilized for the project or the project incorporates significant environmentally sustainable practices that include: Leadership in Energy and Environmental Design (LEED) certification, recycling initiatives, the manufacture of sustainable materials or products that support sustainable industries, or the incorporation of clean technology; The applicant is committed to actively supporting the Denton community through non-profit organizations, donations to public schools and/or public art 25% of local contractors used in construction or 25% of new jobs filled by Denton residents All abatements are subject to final approval of the City Council. Even though a project may meet the criteria as set forth in this Policy, an application may be denied at the discretion of the City. The incentive shall not apply to any portion of the land value of the project. The City may consider the use of incentives to retain existing businesses, which propose to improve or redevelop property within the City limits. The City may also take into consideration the expansion/redevelopment of existing businesses that create new or additional higher wage or knowledge-based jobs. The incentive will only apply to the increased valuation of the improvements over the appraised value of the property prior to such improvements as same is established by the Denton Central Appraisal District the year in which the tax abatement agreement is executed. The City may also consider other tax incentives authorized by law. B. Chapter 380 Grants or Loans: The City may consider incentives to businesses utilizing its authority under Chapter 380 of the Texas Local Government Code (hereinafter referred to Chapter 380). Chapter 380 states that a municipality may establish and provide for the administration of one or more programs for making loans and grants of public money and providing personnel and services of the municipality, to promote state or local economic development and to stimulate business and commercial activity in the municipality. The City of Denton may consider the use of grants and loans as incentives to accomplish one or more of the following economic development purposes: Б Targeted industry cluster or supply chain recruitment initiatives Capital grants or loans for start-up and small businesses to promote entrepreneurship Grants to offset costs associated with public infrastructure improvements or impact fees Cash incentives to gain a competitive position when in direct competition for a project Increase the percentage of jobs paying $75,000 per year or more from 10 to 14 percent by 2020 Chapter 380 incentives will be considered on a case-by-case basis, and may be considered for one or more of the following criteria: Net new jobs with wages above Denton Countys median wage The relocation of a company that promotes the growth of targeted industry sectors listed in Section I.D. Incentives for businesses that cause infill redevelopment or other desirable development objectives; Any other activity which the City Council determines meets a specific public purpose for economic development. When the City determines that incentives are required to retain existing businesses that propose to improve or redevelop property within the City limits, the City Council may consider, on a case- by-case basis, and reserve the right to waive the minimum threshold and/or exceed the percentage and term included in Table 1 for a grant. The City of Denton may also take into consideration the expansion/redevelopment of existing businesses that create new or additional higher wage or knowledge-based jobs. Ad valorem rebates will only apply to the increased valuation of the improvements over the appraised value of the property prior to such improvements as same is established by the Denton Central Appraisal District the year in which the grant agreement is executed. Job-based grants may be considered for businesses creating higher-wage or knowledge-based jobs. The City may also consider other tax incentives authorized by law. C. Economic Development Investment Fund: The City may offer cash incentives and grants from the Economic Development Investment Fund (established by Ordinance No. 2016- 229) when appropriate and necessary. Such incentives require EDPB and Council approval through a Chapter 380 Agreement. To be eligible for consideration, the company must meet at least two of the following criteria: higher wage or knowledge-based jobs; substantial capital investment (minimum of $15 million); recruitment of industry sector targets, including aviation/aerospace, advanced manufacturing, renewable energy, research and development, information technology, supply chain for primary employers, or significant consumers of municipal utilities. D. Based Aircraft Incentive: Specific considerations for a based aircraft incentive will include expansion of the tax base, annual fuel consumption, and contribution to the growth and development of Denton Enterprise Airport (DTO). Newly based aircraft may be eligible for an incentive if a minimum of $1 million in ad valorem value will be created by the aircraft. Aircraft must be operational, air worthy, and based at DTO for a majority of the year; values may not be combined to reach the $1 million minimum. В Exhibit 3 Incentive Policy Revision Summary Staff Proposed Change EDP Board Comments Council Comments Limit Ch. 380 tax rebate Desire to preserve the Agree with EDP agreements to terms of 10 years flexibility for Ch. 380 terms Board comments or less beyond 10 years; do not want to limit options consistent with state law Option to grant more on the term of tax than one 10-year phase abatements with thresholds to initiate subsequent phases Option to reduce percentage of incentive over the term of the grant Exclude retail projects except Reworize retail Concerned that those that address a gap or projects that address a gap or prioritize conveys leakage in the Denton market leakage in the City of De that retail is a target industry and prefer Project must generate at Define re that another term be least $15 million in Define leakage used annual taxable sales to be considered Sales tax rebates will be capped at 50% of sales tax receipts Remove existing capital- Retain some additional factors, Agree with EDP investment based framework and such as use of green Board comments dditional factors technologies, local hiring and Stated that any contractors, and community Retain $5 million additional factors involveie to minimum value of claimed in the increased percentage of structure and business incentive application incentive personal property to be and used in the considered for a tax decisionmaking incentive process must be referenced in the contract as a compliance requirement and verified prior to an incentive payment being made Addition of minimum thresholds: Allow the ability for an Some felt that incentivized company to applicants should be New development request an amendment to its expected to make Denton Central Appraisal incentive agreement if it 100% of the valuation District (DCAD) doeeet the minimum and hiring projections valuation of the project threshold in their applications must be at least 80% of the eligible investment and any deviations Allow for a proportional submitted in the incentive from that should be reduction in the incentive if the application addressed in the threshold is missed contract Expansion/redevelopment Do not terminate an incentive if Others felt that DCAD valuation of the a company doesneet its handling it that way incremental increase in threshold in a given year, but would remove value must be at least do not make an incentive predictability and 50% of the eligible payment in that year negatively affect investment submitted in equity based on a the incentive application companyability to Jobs actual jobs created negotiate must be at least 80% of what is submitted in the application Addition of jobs-based incentive Concern regarding a business Agree with EDP option for businesses that do not with no significant capital Board comments on meet the $5 million minimum investment being easily able to concerns regarding value of structures and business leave the community mobility of businesses personal property or $15 million without significant Desire for a minimum threshold in annual taxable sales capital investment in of jobs created to be eligible to the community apply for such an incentive Criteria could include net new jobs created with Want to include Possible use of total payroll as wages above the Denton businesses that do a threshold County median or net qualify for other new knowledge-based or incentives high-skilled jobs created in one of Dearget industry sectors City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-329,Version:1 AGENDA CAPTION ConsiderapprovalofaresolutionoftheCityCounciloftheCityofDenton,Texas,appointingaprimary representativetotheDentonCountyTransportationAuthorityBoardofDirectorsandconsidernominationsfor analternaterepresentativetotheDentonCountyTransportationBoardofDirectors;andprovidinganeffective date. City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT:Transportation CM/DCM/ACM:Mario Canizares DATE:March 20, 2018 SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing a primary representative to the Denton County Transportation Authority Board of Directors and consider nominations foran alternate representative to the Denton County Transportation Board of Directors; and providing an effective date BACKGROUND Mr. Richard Huckaby was appointed to the Board of Directors of the Denton County Transportation Authority (DCTA) as the City ofDenton Representative byDentonCity CouncilResolution 2011-048on December 6, 2011. The current two-year term for the City of Denton Representative and First Alternate has expired, however, the appointee may serve in an official capacity until replaced. In December 2017, Mr. Huckaby expressed his interest to staff in continuing to serve the citizens of Denton on the DCTA Board. Mr. Huckaby is a long-term resident of Denton, teaches national and state government at North Central Texas College, served as the Corinth City Manager from 1993 to 2001 and retired from the United States Marine Corps as a Brigadier General. Mr. Guy McElroy, former City of Denton Council Member, currently serves as the first alternate and has expressed his interest to continuing serving as the Alternate. During Mr. Huckaby’s tenure on the DCTA Board Mr. Huckaby has engaged in various subcommittees and has served in multiple leadership roles to include Board Secretary, current Chair of the Finance Committee and is currently serving as the Vice-Chairof the Board. To be eligible to serve, the DCTA By Laws require members to have professional experience in the field of transportation, business, government, engineering or law (Exhibit 4). At the February Mobility Committee, staffwas directed to place the DCTA Board nomination item on the March 6, 2018, City Council Work Session Agenda with the intent to provide an opportunity to consider additional nominationsand discuss the DCTA Board composition. As part of the March 6, 2018, Work Session, Council directed staff to bring forward an agenda item for the appointmentof Mr. Huckaby and seek nominations for the DCTA Board Alternate OPTIONS 1.Approveresolution to reappoint Richard Huckaby as the Primary City of Denton Representative on the DCTA Board of Directorsand receive nominations for an Alternate Representative to the DCTA Board of Directors. 2.Direct staff to bring forward a resolution reappointingRichard Huckaby as the Primary City of Denton Representative on the DCTA Board of Directors and reappointingGuy McElroy as the Alternate. 3.Consider additional nominations for both the Primary and Alternate Representatives to the DCTA Board of Directors. 4.Take no action at this time. Current representatives may continue to serve. ESTIMATED SCHEDULE OF PROJECT Approval of draft resolution would be effective immediately and the Representativewouldserve until November 2019. Appointment of Alternate can be placed on April 3, 2018, Council Agenda for consideration. PRIOR ACTION/REVIEW (Council, Boards, Commissions) December 6, 2011-Mr. Huckaby was appointed to the DCTA Board by Resolution 2011-048. February 16, 2018-Informal Staff Report 2018-018 was submitted as part of the Friday Report. February 21, 2018-the Mobility Committee considered the nomination of Richard Huckaby as the Primary Representative to the DCTA Board of Directors.No action taken. March 6, 2018–City Council Work Session –staff directed to bring the appointmentof Richard Huckaby to next Council Meeting and consider nominations for an Alternate Representative FISCAL INFORMATION N/A STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal:1.6 Collaborate with local, regional, state, and federal partners EXHIBITS 2. DCTA letter dated November 14, 2017 3. Resolution2011-048 4. DCTA By Laws 5. Proposed Resolution 6. Power Point Respectfully submitted: Mark Nelson Transportation Director EXHIBIT 2 EXHIBIT 3 EXHIBIT 3 EXHIBIT 4 DENTON COUNTY TRANSPORTATION AUTHORITY BYLAWS Adopted January 3, 2002 (rev. February 13, 2004, October 26, 2006, September27, 2007,December 17, 2009, November 17, 2011, April25, 2013,September 26, 2013, February 16, 2016, and September 22, 2016) EXHIBIT 4 DENTON COUNTY TRANSPORTATION AUTHORITY BYLAWS, ARTICLE I NAME Section 1. Name.The name of the authority shall be the Denton County Transportation Authority ("Authority"). Section 2. Authorization.These Bylaws are adopted pursuant to authority granted in Section 460.204(c)(2) of the Texas Transportation Code ("Code"). In the event of any conflict between these Bylaws and the Code or other applicable laws of the State of Texas, such laws shall be controlling.In the event any provision of these Bylaws shall be determined to be invalid, the remainder of these Bylaws shall nevertheless remain in force and effect. Section 3. Definitions. (a)Alternate Member. Alternate Board Member shall mean a person appointed to serve in the absence of the regular appointed member of the Board of Directors representing such city. (b)Board Member. Board Member means and includes appointed or elected members of the Board of Directors, as well as alternate board members serving in the absence of appointed board members. (c)Capital Asset. Land, a fixture attached to land, or an item of personal property that meets all of the following criteria: (1) the cost of acquisition or the cost of improvement of such property exceeds $5,000; (2) the expected useful life of the property when acquired is more than 1 year or the extension of the useful life of the property as a result of the improvement is more than 1 year; (3) the property retains its original shape and appearance with use; and (4) the property is nonexpendable (meaning that if the property is damaged or some of its constituent parts are lost or worn out, it is usually more economical to repair the property than to replace it with an entirely new unit). (d)Capital Expenditure. Expenditure made to acquire or improve one or more Capital Assetsand includes the acquisition and/or improvement of real property. (e)Executive Committee. Executive Committee shall mean the committee appointed by the DCTA Chair consisting of the Directors as set forth in Article III, Section 9 (c). (f)Financial Participating Member. A Financial Participating Member shall mean a (f)Financial Participating Member. A Financial Participating Member shall mean a (f)Financial Participating Member. A Financial Participating Member shall mean a municipality that has imposed the transit sales and use tax authorized by Chapter municipality that has imposed the transit sales and use tax authorized by Chapter municipality that has imposed the transit sales and use tax authorized by Chapter 460 of the Transportation Code or which ha460 of the Transportation Code or which ha460 of the Transportation Code or which has contracted with DCTA for financial s contracted with DCTA for financial participation through tax increment paymentsparticipation through tax increment payments as provided by Subchapter I, Chapter as provided by Subchapter I, Chapter Page 1 EXHIBIT 4 460 of the Transportation Code, and which 460 of the Transportation Code, and which 460 of the Transportation Code, and which is entitled to have a Director on the is entitled to have a Director on the DCTA Board of Directors.DCTA Board of Directors. ARTICLE II OFFICES Section 1. Principal Office. The principal office of the Authority shall be in Denton County, Texas. Section 2. Additional Offices. Authority also may have offices at such other places as the Authority from time to time may determine or as the activities of Authority may require. ARTICLE III BOARD OF DIRECTORS Section 1. General Powers. The responsibility for the management operation and control of the Authority and its properties is vested in the Board of Directors.\[Section 460.401\]. Section 2. Number and CompositionSection 2. Number and Composition. The Board of Directors is composedof:. The Board of Directors is composedof: (a)One member appointed by the govern(a)One member appointed by the govern(a)One member appointed by the govern(a)One member appointed by the governing body of each municipality with a ing body of each municipality with a ing body of each municipality with a population of 17,000 or more that is located in the county;population of 17,000 or more that is located in the county; (b)Three members appointed by the Commissioner's Court of Denton County, two of (b)Three members appointed by the Commissioner's Court of Denton County, two of (b)Three members appointed by the Commissioner's Court of Denton County, two of (b)Three members appointed by the Commissioner's Court of Denton County, two of whom must reside in the unincorwhom must reside in the unincorwhom must reside in the unincorporated area of the county; andporated area of the county; and (c)(c)Three members to be designated by the remaining municipalities with a population Three members to be designated by the remaining municipalities with a population Three members to be designated by the remaining municipalities with a population of more than 500 but less than 17,000 located in the Denton County. These three of more than 500 but less than 17,000 located in the Denton County. These three of more than 500 but less than 17,000 located in the Denton County. These three of more than 500 but less than 17,000 located in the Denton County. These three members will be selected according to provisions of the Code. \[Section members will be selected according to provisions of the Code. \[Section members will be selected according to provisions of the Code. \[Section members will be selected according to provisions of the Code. \[Section 460.054(c)\].460.054(c)\]. (d)One member appointed by the governing body of each municipality in the county (d)One member appointed by the governing body of each municipality in the county (d)One member appointed by the governing body of each municipality in the county (d)One member appointed by the governing body of each municipality in the county with a population of more than 500 but less than 17,000 that:with a population of more than 500 but less than 17,000 that: (i)designates a public transporta(i)designates a public transporta(i)designates a public transporta(i)designates a public transportation financing areaunder Section tion financing areaunder Section 460.603;460.603; (ii)enters into an agreement with the Authority to provide public (ii)enters into an agreement with the Authority to provide public (ii)enters into an agreement with the Authority to provide public (ii)enters into an agreement with the Authority to provide public transportation services in the pubtransportation services in the pubtransportation services in the public financing area under Subchapter lic financing area under Subchapter I, Chapter 460; andI, Chapter 460; and (iii)did not approve the designati(iii)did not approve the designati(iii)did not approve the designati(iii)did not approve the designation of any member designated under on of any member designated under Section 2 (c) above.Section 2 (c) above. Page 2Page 2 EXHIBIT 4 (e)Member appointed by the governing bod(e)Member appointed by the governing bod(e)Member appointed by the governing bod(e)Member appointed by the governing body of a municipality that was entitled to y of a municipality that was entitled to y of a municipality that was entitled to appoint a member under Section 460.054 (b)(1)appoint a member under Section 460.054 (b)(1)appoint a member under Section 460.054 (b)(1) of the Code before the effective of the Code before the effective date of an increase in the population date of an increase in the population date of an increase in the population threshold. (Section 460.2015) The Board of threshold. (Section 460.2015) The Board of threshold. (Section 460.2015) The Board of Directors may increase the population Directors may increase the population Directors may increase the population threshold amounts stated inSectionthreshold amounts stated inSection 460.054(b)(1) in incrementsup to 5,000 each ye460.054(b)(1) in incrementsup to 5,000 each ye460.054(b)(1) in incrementsup to 5,000 each year. A municipality that appointed ar. A municipality that appointed ar. A municipality that appointed a member to the Board of Directors aa member to the Board of Directors according to the provisions of Section ccording to the provisions of Section ccording to the provisions of Section 460.054(b)(1) of the Code prior to anyi460.054(b)(1) of the Code prior to anyi460.054(b)(1) of the Code prior to anyincrease in population threshold is ncrease in population threshold is ncrease in population threshold is grandfathered and may continue to appointgrandfathered and may continue to appointgrandfathered and may continue to appoint a member to the Board of Directors. a member to the Board of Directors. (f)Appointing entities may appoint a member to(f)Appointing entities may appoint a member to(f)Appointing entities may appoint a member to(f)Appointing entities may appoint a member to the Board of Directors and may also the Board of Directors and may also the Board of Directors and may also provide for the appointment of one alternateto serve in the absence of the appointed provide for the appointment of one alternateto serve in the absence of the appointed provide for the appointment of one alternateto serve in the absence of the appointed member. An Alternate Membermay attend Board and committee meetings but member. An Alternate Membermay attend Board and committee meetings but member. An Alternate Membermay attend Board and committee meetings but shall not vote on any matter before the Board or committee or participate in any shall not vote on any matter before the Board or committee or participate in any shall not vote on any matter before the Board or committee or participate in any discussion in matters before the Board or a committee except when serving in place discussion in matters before the Board or a committee except when serving in place discussion in matters before the Board or a committee except when serving in place of the regular Board of Directorof the regular Board of Directorof the regular Board of Directorsmember \[Section 460.054(b)(1)\].Appointing smember \[Section 460.054(b)(1)\].Appointing smember \[Section 460.054(b)(1)\].Appointing entities shall notify the Authority in wrentities shall notify the Authority in wrentities shall notify the Authority in writing of the appointment, reappointment, iting of the appointment, reappointment, iting of the appointment, reappointment, resignation or removal of an Alternate Member.resignation or removal of an Alternate Member. Section 3. Eligibility. (a)To be eligible for appointmentto the Board of Directors,a person must: (i)have professional experience in the field of transportation, business, government, engineering or law:and (ii) reside:(A)within the territory of the Authority; or (B) outside the territory of the authorityin a municipality that is locatedpartly in the territory of the Authority. \[Section 460.202\]. (b)Three consecutive unexcused absences of a Director at a noticed Board of Directors meeting or the death, resignation or inability to serve shall create a vacancy. Section 4. Vacancy. A vacancyon the Board of Directors is filled in the same manner as the original appointment to the Board of Directors. \[Section 460.201(c)\]. Section 5. Terms.The term of office for a member of the Board of Directors is two years. A vacancy on the Board of Directors is filled in the same manner as the original appointment to the Board of Directorsto fill the unexpired portion of such term of office,except as provided by Section 460.2015 of the Code for grandfathered municipalities. Section 6. Meetings.The Board of Directors shall hold at least one regular meeting each month. \[Section 460.055(c)\]. Special meetings of the Authority may be called by the Chair or Vice-Chair as necessary. \[Section 460.204(b)\]. Section 7. Quorum.Five members constitute a quorum for purpose of conducting business. \[Section 460.205(a)\]. Section 8. Notice.All meetings of the Authority and its committees shall be in compliance with Texas Open Meetings Act. \[Section 460.102(a)(l)\]. Page 3Page 3 EXHIBIT 4 Section 9. Committees (a)The Chair of the Board may appoint such committees as from time to time may be deemed necessary and appropriate. The committee shall not have any power or authority to act on behalf of the Denton County Transportation Authority. The Chair will designate the chair of each committee, which will be comprised of at least three Board of Directors members, and will serve as an ex officio member of each committee. (b)The committee shall report its discussions or recommendations, subsequent to its meeting, to the next Board of Directorsmeeting. \[Section 460.401\]. (c)The Executive Committee shall consist of the four (4) officers of the Board of Directors, and the Chair may appoint one additional eligible Director of the Board of Directors to the Executive Committee. Notwithstanding the foregoing, no member of the Board of Directors,who is an employee of the governmental unit appointing such a person to theBoard of Directors, may serve on the Executive Committee. Section 10. Voting. (a)An action of the Board of Directors requires an affirmative vote ofa majority of the Directors, but not less thanfive (5) Directors present and voting, except for a vote pursuant to paragraph (b) of this section. \[Section 460.205(b)\]. (b)An affirmative vote of the majority of th(b)An affirmative vote of the majority of th(b)An affirmative vote of the majority of the entire Board of Directors, including two-e entire Board of Directors, including two-e entire Board of Directors, including two- thirds (2/3) vote of Directors representing Financial Participating Members is thirds (2/3) vote of Directors representing Financial Participating Members is thirds (2/3) vote of Directors representing Financial Participating Members is required for:required for: (1)a capital expenditure;(1)a capital expenditure;(1)a capital expenditure;(1)a capital expenditure;(1)a capital expenditure; (2)operating or maintenance expenditure for a capital asset;(2)operating or maintenance expenditure for a capital asset;(2)operating or maintenance expenditure for a capital asset;(2)operating or maintenance expenditure for a capital asset;(2)operating or maintenance expenditure for a capital asset; (3)material change of the service plan;(3)material change of the service plan;(3)material change of the service plan;(3)material change of the service plan;(3)material change of the service plan; (4)amendment of the bylaws;(4)amendment of the bylaws;(4)amendment of the bylaws;(4)amendment of the bylaws;(4)amendment of the bylaws; (5)the approval of a comprehensiv(5)the approval of a comprehensiv(5)the approval of a comprehensiv(5)the approval of a comprehensive development agreement (“CDA”) e development agreement (“CDA”) e development agreement (“CDA”) or similar financial contractual obligation for a purpose not an or similar financial contractual obligation for a purpose not an or similar financial contractual obligation for a purpose not an express commitment of the DCTA Service Plan; express commitment of the DCTA Service Plan; express commitment of the DCTA Service Plan; (6)the approval of a contract or (6)the approval of a contract or (6)the approval of a contract or (6)the approval of a contract or other agreement between the DCTA other agreement between the DCTA other agreement between the DCTA and amunicipality or other governmeand amunicipality or other governmeand amunicipality or other governmental authority located within ntal authority located within ntal authority located within the A-train Corridor for participation in DCTA; orthe A-train Corridor for participation in DCTA; orthe A-train Corridor for participation in DCTA; or (7)the formation of a local govern(7)the formation of a local govern(7)the formation of a local govern(7)the formation of a local government corporation, ment corporation, ment corporation, contracting with, contracting with, contracting with, joining or becoming a member or owner of a local government joining or becoming a member or owner of a local government joining or becoming a member or owner of a local government corporation.corporation. (c)Alternate Members. An alternate Board Member may only serve in the absence of the regular board member. An alternate Board Member may vote in place of the regular Board Member when the regular Board Member is absent. Page 4 EXHIBIT 4 Section 11. Procedure of Meetings.Notice of all meetings and hearings of Authority shall be given, and such meetings and hearings shall be held and conducted in accordance with the following order: applicable law, these Bylaws, the Board of Directors Rules of Procedure and Robert's Rules of Order, newly revised, to the extent not in conflict. The General Counsel of the Authority shall serve as parliamentarian to the Authority. Section 12. Conflicts of Interest. Members of the Board of Directors and officers are subject to Chapter 171 Local Government Code. \[Section 460.203\]. Section 13. Population Changes. (a)At least annually but before any vote authorizing confirmation of the Authority or imposition of a sales and use tax, the Authority shall determine if any municipality located in the county that has not appointed a member to the Board of Directors as provided by Section 460.054(b)(1) of the Code, has grown to a population of 17,000 or more. (b)A determination of population growth to 17,000 or more will be documented by "Annual Population Estimates" for municipalities located in Denton County published by North Central Texas Council of Governments. The population of the municipality submitted to the Authority for approval may be challenged by a member of the Board of Directors. (c)The Board of Directors may certify: (i) that a municipality has a current population of 17,000 or more; and (ii) does not have a member appointed to the governing body as provided by Section 460.054(b)(1). Subsequent to the certification vote, a municipality socertified may forthwith appoint one member to the Board of Directors as provided by the Code. ARTICLE IV OFFICERS Section 1. Election.The Board of Directors shall elect four (4) of its members to serve The Board of Directors shall elect four (4) of its members to serve as the Chair, Vice-Chair, Treasas the Chair, Vice-Chair, Treasurer, and Secretary. \[Section urer, and Secretary. \[Section 460.055(a)\].The Chair or Vice Chair 460.055(a)\].The Chair or Vice Chair 460.055(a)\].The Chair or Vice Chair shall be a Director representing a Financial Participating Member.shall be a Director representing a Financial Participating Member. Section 2. Chair.The Chair shall preside at all regular and special meetings of the Authority. Section 3. Vice-Chair.The Vice-Chair shall preside at any meeting of the Authority on the request of the Chair, or at which the Authority Chair is absent. Section 4. Treasurer.The Treasurer shall work with the Chief Financial Officer in preparingthe budget and supervisingthe annual audit. Page 5 EXHIBIT 4 Section 5. Secretary.The Secretary shall review the minutes of all Board proceedings, make any necessary revisions, and attest to the accuracy of the minutes. Section 6. Term.The officers of the Authority shall be elected from among the members of the Board of Directors and shall hold office for one (1) year. The termof office for each officer shall be for a period of one year and shall run from January 1 through and including December 31 of the calendar year. ARTICLE V BUDGET AND FINANCE Section 1. Fiscal Year.The Fiscal Year of the Authority shall end on September 30 of each year. Section 2. Annual Budget.The Authority shall prepare an Annual Budget. \[Section 460.403\]. Section 3. Audit.The Authority shall have an annual audit of the affairs of the Authority prepared by an independent certified public accountant. Any deficiencies noted in the audit report shall be addressed at a regular meeting of the Authority and addressed on the record \[Section 460.402\]. ARTICLE VI RULES,POLICIES AND PROCEDURES The Board of Directors is responsible for the management, operation, and control of the authority and its properties.\[Section 460.401\]. ARTICLE VII INDEMNIFICATION The Denton County Transportation Authority shall indemnify any member of the Board of Directors involved in any litigation including any civil, criminal or administrative action suit or proceeding, for reason of such member's alleged negligence or misconduct in the performance of his or her duties as a Board of Directors Member to the extent funds are lawfully available and subject to any other limitations that exist by law against liability, and reasonable expenses, including attorneys' fees, actually and necessarily incurred, except where it is adjudged that such Board of Directors member acted with gross negligence or willful misconduct in the performance of their duties. ARTICLE VIII AMENDMENT TO BYLAWS Page 6 EXHIBIT 4 These Bylaws may be altered, amended or repealed, or new Bylaws may be adopted pursuant to Article III, § 10(b)at any regular, properly posted meeting of the Authority, or any properly posted special meeting of the Authority, at which a quorum is present;provided that prior to consideration and vote by the Authority, any proposed revisions to the Bylaws may be reviewed and commented on by the Board of Directors and shall be provided in writing to all Authority Board of Directors members at least two weeksprior to action on the amendments. Page 7 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-383,Version:1 AGENDA CAPTION Hold a public hearing regarding a draft ethics ordinance from attorney Alan Bojorquez. City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: CM/ DCM/ ACM: Bryan Langley DATE: March 20, 2018 SUBJECT Hold a public hearing regarding a draft ethics ordinance from attorney Alan Bojorquez. BACKGROUND On November 7, 2017 a charter election was held in which Proposition D was approved by the voters and required the City adopt an ethics ordinance in accordance with Texas law and with adherence to certain minimum standards. Shortly after the election the City Council directed staff to hire attorney Alan Bojorquez to assist in the development of an ethics ordinance. Prior to commencing the drafting process the City Council completed two (2) hours of formal training on ethics laws and common components of municipal ethics policies in Texas. The City Council held a series of five (5) meetings from December 2017 to February 2018 to discuss various elements of an ethics ordinance and provide direction in the creation of an ethics ordinance. The first draft of an ethics ordinance, was presented to City Council on March 6, 2018. This draft is based on a broad sampling of more than nineteen (19) municipal ethics policies and over thirteen (13) hours of discussion with City Council. This ordinance would apply to the Mayor, City Council, Planning and Zoning, Zoning Board of Adjustment, department heads appointed by City Council, and vendors. Staff plans to bring forward an ethics policy to be adopted by City Council for City employees along with the ethics ordinance. The March 20th public hearing was included at the request of City Council to provide citizens an opportunity to provide feedback on the current draft ethics ordinance. Additionally, citizens can provide comments through the website on the ethics ordinance development page and by emailing staff or City Council. Included as Exhibit 2 is a second draft of the ethics ordinance based on the feedback that staff has received during the prior City Council meetings. PRIOR ACTION/REVIEW (Council, Boards, Commissions) November 14, 2017- City Council directed staff to hire attorney Alan Bojorquez. December 5, 2017- The first meeting with attorney Alan Bojorquez was held. December 19, 2017- The second meeting with attorney Alan Bojorquez was held. January 27, 2018- The third meeting with attorney Alan Bojorquez was held. February 6, 2018- The fourth meeting with attorney Alan Bojorquez was held. February 20, 2018- The fifth meeting with attorney Alan Bojorquez was held. March 6, 2018- STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence EXHIBITS Exhibit 1- Agenda Information Sheet Exhibit 2- Ethics Ordinance B clean Respectfully submitted: Bryan Langley Deputy City Manager Prepared by: Charlie Rosendahl Management Analyst L.A.R.I.A.T. TM Ethics Ordinance Worksheet: Module #6 TM Cityof Denton’s Codeof Ethics CityCouncil Work Session Tuesday, March20, 2018 Public Hearing: Draft “B” EthicsOrdinance Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 1 EDITOR’S NOTES: 1.Draft Document: The following material represents a rough draft-in-progress, which was prepared for discussion purposes;only, and is subject to modification following public notice and public hearings. Specific language will not be considered finaluntil duly approved by a majority of the CityCouncil at a properly-posted public meeting. 2.Training: Prior to commencing the drafting process, the CityCouncil completedtwo (2) hours of formal training on state ethics laws and common components of municipal ethics policies in Texas. 3.Broad Sampling:The contents of this draft was selected from a sampling of more than nineteen (19)municipal ethics policies from across Texas. 4.Consensus:This document represents the consensus of preferences expressed by the City Council over a period of five(5)public work sessions, whichwere broadcasted.Altogether, the work sessions exceeded thirteen(13)hours of deliberations. 5.Best Practices: Where there were gaps or omissions in the feedback or direction provided by the CityCouncil thus far, the editor inserted recommendations that reflect Best Practices in the field of Municipal Ethics, solely at the editor’s discretion. 6.Applicability:This Codeof Ethics was drafted to apply to the Mayor, CityCouncil, P&Z, ZBA, Department Headsappointed by the City Council, and Vendors. It is anticipated that a similar set of rules will be adopted subsequently for other employees. 7.Codification:It is anticipated that certain non-substantive, grammatical and formatting edits will be made after (or just before) final adoption to make the Codeof Ethics consistent with the broader Codeof Ordinances. Alan Bojorquez Consulting Ethics Advisor &Attorney at Law Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 2 TABLE OF CONTENTS DIVISION 1. GENERAL...............................................................................................................4 Sec. 3-105. Authority......................................................................................................................4 Sec. 3-106. Purpose.........................................................................................................................4 Sec. 3-107.Prospective....................................................................................................................4 Sec. 3-108.Applicability.................................................................................................................5 Sec. 3-109. Definitions....................................................................................................................5 Sec. 3-110. Cumulative & Non-Exclusive......................................................................................7 DIVISION 2. RULES OF CONDUCT..........................................................................................7 Sec. 3-111.Expectations .................................................................................................................7 Sec. 3-112. Mandates.......................................................................................................................8 Sec. 3-113. Prohibitions...................................................................................................................8 DIVISION 3. IMPLEMENTATION..........................................................................................13 Sec. 3-114. Staffing.......................................................................................................................13 Sec. 3-115.Legal Counsel.............................................................................................................13 Sec. 3-116. Training......................................................................................................................13 Sec. 3-117. Board of Ethics...........................................................................................................13 Sec. 3-118. Advisory Opinions......................................................................................................15 Sec. 3-119.Complaints..................................................................................................................15 Sec. 3-120. Preliminary Assessment.............................................................................................17 Sec. 3-121. Meetings.....................................................................................................................18 Sec. 3-122. Disposition..................................................................................................................19 Sec. 3-123.Reconsideration..........................................................................................................21 Sec. 3-124.General Procedural Matters .......................................................................................21 Sec. 3-125. Lobbyists \[reserved\]....................................................................................................21 Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 3 Draft “B” CITY OF DENTON CODE OF ORDINANCES CHAPTER 2: ADMINISTRATION ARTICLE XI. ETHICS DIVISION 1.GENERAL Sec. 3-105.Authority This Articleis enacted pursuant to the authority granted to the Cityunder Section__ of the Charter. Sec. 3-106.Purpose The purpose of this Articleis tofoster an environment of integrity forthose that serve the Cityof Denton and ourcitizenry. The CityCouncil enacted this Articlein order to increase public confidence in our municipal government. It is the policy of the Citythat all City Officials and employees shall conduct themselvesin a manner that assures the public that we are faithful stewardsof the public trust. City Officialshave a responsibility to the citizensto administer and enforce the CityCharter and CityOrdinancesin an ethical manner. To ensure and enhance public confidence in our municipalgovernment, each City Officialmust strive not only to maintain technical compliance with the principles of conduct set forth in this Article, but to aspire daily to carry out their duties objectively, fairly, and lawfully.Furthermore, this Article was enacted to ensure that decisionmakers provide responsible stewardship of City resources and assets. It is not the purpose of this Articleto provide a mechanism to defame, harass or abuse their political opponents, or publicize personal grudges.Rather, this Article is intended to provide a framework within which to encourage ethical behavior, and enforce basic standards of conduct while providing due process that protects the rights of the Complainant and the Accused. Sec. 3-107.Prospective ThisArticleshall apply prospectively, and shallnot sustain any Complaints based on acts or omissions alleged to have taken place prior to adoption of this Article. Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 4 Sec. 3-108.Applicability This Articleapplies to the following persons: (a)City Officials. (b)FormerCity Officials whose separation from cityservice occurred less than two (2) years from the date of the alleged violation of this Article. Application of this Article to Former City Officials shall be limited toalleged violations: (1)that occurred during the term as a City Official; (2)of the prohibition on representing others for compensation (§3-112(d)(2)); or (3)of the prohibition of subsequent work on prior projects (§3-112(h)). (c)Vendors; and (d)Complainant(s). Sec. 3-109.Definitions The following words, terms and phrases, when used in this Article, shall have themeanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accepted Complaint:asworn allegation of a violation of this Articleafter the required documentation has been submitted to the City Auditorand determined to be administratively complete. Accused:aCity Officialwho has been chargedin a Complaintwithhaving violated this Article. Actionable Complaint:an Accepted Complaintthat has been deemed by a Panel to contain allegations and evidence that, if accepted as true, would support a finding that a violation of this Articleoccurred. Advisory Opinions:written rulings regarding the application of this Articleto a particular situation or behavior. Article:the Codeof Ethics for the Cityof Denton. Baseless Complaint:aComplaintthat does not allege conduct that would constitute a violation of this Article, or that does not provide evidencethat, if true, would support a violation of this Article. Board of Ethics:the oversight entity established by the Council to administer this Article. Candidate:apersonwho has filed an application for a place on a ballot seeking public office, or one who has publicly announced the intention to do so. Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 5 Charged: to be charged with a violation of this Article is to have an Accepted Complaint deemed Actionable. City:the Cityof Denton in the County of Denton and State of Texas. City Auditor:the personappointed to serve in the capacityprovided for by Section 6.04 of the City Charter, or their designee and clerical staff acting in the City Auditor’s absence. City Official:for purposes of this Article, the term consists of the Council Members, City Manager, CityAttorney, Department Heads, Planningand Zoning Commission Members, and Board of Adjustment Members. Code:the Codeof Ordinances of the Cityof Denton, Texas, as such Codemay be amended from time to time. Complainant: the human individual who submitted a Complaintto the City. Complaint:written documentation submitted to the Cityaccusing a City Officialof violating this Article. Confidential Information: any written information that could or must be excepted from disclosure pursuant to the Texas Public Information Act, if such disclosure has not been authorized; or any non-written information which, if it were written, could be excepted from disclosure under that Act, unless disclosure has been authorizedby the City Council or City Manager. Council:the governing bodyof the Cityof Denton, Texas, including the Mayor and City Council Members. Department Heads: the employees appointed by the City Council, those being the City Manager, City Auditor, City Attorney, and Municipal Court Judge. Former City Official: a City Official whose separation from city service occurred less than two (2) years from the date of an alleged violation of this Article. Frivolous Complaint:a sworn Complaintthat is groundless and brought in bad faith or groundless and brought for the purpose of harassment. Interfere: aperson interferes with a process or activity pertaining to this section when they intentionally and wrongfully take part in, or prevent, a City process or activity from continuing or being carried out properly or lawfully. Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 6 Panel:an ad hocsubcommittee of the Board of Ethicsconsisting of three (3) membersassigned by the Chairperson or designated by the City Auditor (as applicable) on a rotating basis, at least one (1) of which is an attorney or retired jurist. Person:associations, corporations, firms, partnerships and bodies politic and corporate, as well as toindividuals. Recklessly: aperson acts recklessly when they are aware of but consciously disregard a substantial and unjustifiable risk that a certain result is probable from either their conduct, or in light of the circumstances surrounding their conduct. The risk must be of such a nature and degree that to disregard it constitutes a gross deviation from the standard of care that an ordinary person would exercise under the circumstances. Shall:amandatory obligation, not apermissivechoice. Special Counsel:an independent, outside attorney engaged by the Cityto advise the Cityas an organization and/or the Board of Ethics. Vendor:apersonwho provides or seeks to provide goods, services, real property to the Cityin exchange for compensation. Sec. 3-110.Cumulative& Non-Exclusive ThisArticleiscumulativeofandsupplementaltoallapplicableprovisionsoftheCityCharter, otherCityOrdinances,andState/Federallawsandregulations.CompliancewiththisArticle doesnotexcuseorrelieveanypersonfromanyobligationimposedbyany other Rule.Attempts to enforce this Articleshall be construed as foreclosing or precluding other enforcement options provided by other law. DIVISION 2.RULES OF CONDUCT Sec. 3-111.Expectations The following list conveys the City Council’s expectations for City Officials. These expectations are aspirational, and shall not serve as the basis for a Complaint. (a)City Officials are expected to conduct themselves in a manner that fosters public trust. (b)City Officialsare charged with performing their public duties in a way that projects a high level of personalintegrity and upholds the integrity of the organization. (c)City Officials must avoid behavior that calls their motives into question and erodes public confidence. (d)City Officials shall place the municipality’s interests and the concerns of those the City servesabove private, personalinterests. Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 7 (e)Those who serve the City are expected to value honesty, trustworthiness, diligence, objectivity, fairness, due process, efficiency, and prudence asvaluesthe Cityprofesses. (f)City Officials must balance transparency with the duty to protectpersonal privacyand preservethe confidential information with which the Cityhas been entrusted. (g)It is neither expected nor required that those subject to this Article relinquish or waive their individual rights. Sec. 3-112.Mandates (a)Duty to Report.City Officialsshallreportanyconductthatthepersonknowstobea violationofthisArticle.Failuretoreportaviolation ofthisArticleisaviolationof this Article.Forpurposesofthissection,submittal of a Complaint or areportmadetothe Fraud,WasteorAbusehotlineshallbeconsideredtobeareportunderthisSection. A report to the hotline may remain anonymous unless disclosed by the caller. (b)Financial Disclosures.All Candidates for CityCouncil, including Candidates for Mayor, shall file financial information reports as required by, and in accordance with, State law.All prospective Vendors and City Officialsshall file disclosure forms as required by,and in accordance with, State law. Sec. 3-113.Prohibitions (a)Conflicts of Interest. (1)Deliberation Prohibited.It shall be a violation of this Codefor a City Officialto knowingly deliberate regarding a pending matterfor which the City Officialhas a Conflicting Interest.City Officials with a Conflicting Interest in a pending matter must recusethemselves and abstain from Deliberations. It is an exception to this recusal requirement if the City Official serves on the City Council, Planning and Zoning Commission, or Board of Adjustment;and a majority of the members of that bodyis composed of persons who are likewise required to file (and who dofile) disclosures on the same pending matter. (2)Disclosure Required. If a City Officialhas a Conflicting Interest in a pending matter, the City Officialshall disclose the nature of the Conflicting Interest by filing a sworn statement with the City Auditor.Disclosures under this subsection shall be for the time period,including the previous calendar year,and up to date where the Conflicting Interest arises before the City Official. (3)Definitions.For purposes of this Article, these terms are defined as follows: (A)Business Entity: a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, political subdivision, government agency, university, or any other entity recognized by law. Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 8 (B)Conflicting Interest: a stake, share, equitable interest or involvement in an undertakingin the form of any one (1) or more of the following: (1)ownership of five percent (5%) or more voting shares or stock in a business entity; (2)receipt of more than six-hundred dollars ($600.00)in gross annual income from a business entity; (3)ownership of more than six-hundred dollars ($600.00) of the fair market value of a business entity; (4)ownership ofan interest in real property with a fair market value of more than six-hundred dollars ($600.00); (5)serves on theBoard of Directors or as an Officer of a business entity, unless the City Official was appointed to that position by the City Council; and/or (6)serves on the Board of Directors or as an Officer of a nonprofit corporationor an unincorporated association, unless the City Official was appointed to that position by the City Council. ACity Officialis considered to have a Conflicting Interest if the City Official’s relative has a conflicting interest. The term Conflicting Interest does not includeownership of an interest in a mutual or common investment fund that holds securities or assets unless the City Officialparticipates in the management of the fund. (C)Deliberations:discussions at the dais;voting as a Member of the Board or Commission;presentations as a memberof the audience before any City Board or Commission;conversing or corresponding with other City Officialsor staff.This term does not apply to a general vote on a broad, comprehensive or omnibus motion, such as approval of the City budget. rd (D)Relative:a family member related to a City Officialwithinthe third (3) degree of affinity (marriage) or consanguinity (blood or adoption). (E)Pending Matter:an application seeking approval of a permit or other form of authorization required by the City, State or Federal law; a proposal to enter into a contract or arrangement with the Cityfor the provision of goods, services, real property or other things of value; a case involving the Citythat is (or is anticipated to be) before a civil, criminal or administrative tribunal. (b)Gifts. Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 9 (1)General.It shall be a violation of this Articlefor a City Officialto accept any gift that might reasonably tend to influencesuch Officer in the discharge of official duties. (2)Specific.It shall be a violation of this Articlefor a City Officialto accept any gift for which the fair market value is greater than fifty dollars ($50.00). It shall be a violation of this Articlefor a City Officialto acceptmultiplegifts from a single source for which the cumulative fair market value exceeds two-hundred dollars ($200.00) in a single fiscal year. (3)It shall be a violation of this Article for a Vendor to offer or give a Gift to a City Official exceeding fifty dollars ($50.00) per gift, or multiplegifts cumulatively valued at more than two-hundred dollars ($200.00)per a single fiscal year. (4)Definition of Gift.Anythingofmonetary value, including but not limited to cash, the extension of credit,personal property, real property, services, meals, entertainment, and travel expenses. (5)Exceptions. This definition shall not apply tothe following, which are allowed under this Article: (A)alawful campaign contribution; (B)meals, lodging, transportation, entertainment,and related travel expenses paid for (or reimbursed by) the Cityin connection with the City Official’s attendance at a conference, seminar or similar event, or the coordinatorof the event; (C)meals, lodging, transportation, or entertainment furnished in connection with public events, appearances or ceremonies related to official City business, or charity functions, or community events, if furnished by the sponsor of such events; (D)complimentary copies of trade publications and other related materials; (E)attendance at hospitality functions at local, regional, state or national association meetings and/or conferences; (F)any gift thatwould have been offered or given to the City Officialbecause of a personal,familial,professionalrelationship regardless of the City Official’s capacitywith theCity; (G)tee shirts, caps and other similar promotional material; (H)complimentary attendance at political or charitable fund raising events. (6)Donations. It is not a violation under this Article for a City Official to accept a Gift prohibited by this Article on behalf of the City of Denton. Conveyance of a Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 10 Gift prohibited by this Article to the City of Denton or a nonprofit corporation curesany potentialviolation. (c)Outside Employment. (1)Applicability of Section.This subsection applies to the following City Officials. (2)Prohibition. It is a violation of this Articlefor aCity Officialcovered by this subsection to solicit,accept,orengageinconcurrentoutsideemploymentwhich couldreasonably beexpectedtoimpairindependence ofjudgment in, or faithful performanceof, official duties. (3)Disclosure and Consent. It is a violation of this Articlefor the Department Headsto accept employment from any Personother than the Citywithout first disclosing the prospective employment arrangement in writing to the City Manager and receiving the CityManager’s written consent. (4)Disclosure and Consent-Others.It is a violation ofthis Articlefor the City Manager, City Attorney, or Municipal Court Judgeto accept employment from any Personother than the Citywithout first disclosing the prospective employment arrangement in writing to the Mayorand receiving the Mayor’s written consent. (d)Representation of Others. (1)Current City Officials.It shall be a violation of this Articlefor a City Official torepresent for compensation any person, group, or entity before the City.For purposes of this subsection, the term compensation means money or any other thing of value that is received, or is to be received, in return for or in connection with such representation. (2)Former City Officials.It shall be a violation of this Articlefor a City Officialto represent for compensation any person, group, or entity before the Cityfor a period of two (2) years after termination of official duties. For purposes of this subsection, the term compensation means money or any other thing of value that is received, or is to be received,in return for or in connection with such representation.The prohibition in this subsection solely applies to the Former City Official, and shall not be construed to apply to other Persons. (e)Improper Influence.It shall be a violation of this Articlefor aCity Officialto use such person's officialtitle/positionto: (1)secure special privileges or benefits for such person or others; (2)grant any special consideration, treatment or advantage to any citizen, individual, business organization or group beyond thatwhich is normally available to every other citizen, individual,business organization or group; (3)assertthe prestigeofthe official'sor employee'sCityposition forthe purpose of Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 11 advancing or harming privateinterests; (4)stateorimplythatthe City OfficialisabletoinfluenceCityactiononanybasis otherthanthemerits;and (5)state or imply to state or local governmental agencies that the City Officialis acting as a representative of the City, as an organization, or as a representative of the CityCouncil without first having been authorized by the CityCouncil to make such representation(except the Mayor, City Manager, and City Attorney). (f)Misuse of Information. (1)Personal Gain.It shall be a violation of this Articlefor aformer City Officialto use any confidential information to which the City Official had access by virtue of theirofficial capacityand which has not been made public concerning the property, operations, policies, or affairs of the City, to advance any personal or private financial interestof any Person. (2)Confidential Information.It shall be a violation of this Articlefor aCity Official tointentionally,knowingly,orrecklesslydiscloseanyconfidentialinformation gainedbyreasonofthe CityOfficial'spositionconcerningtheproperty, operations,policiesor affairsof the City. This rule doesnot prohibitthe reporting ofillegalorunethicalconductto authoritiesdesignated bylaw. (g)Abuse of Resources.It shall be a violation of this Articlefor a City Officialto use, request, or permit the use of Cityfacilities, personnel, equipment, software, supplies, or staff timefor private purposes (including political purposes), exceptto the extent and according to the terms that those resources are generally available to other citizens and the CityOfficialsfor official Citypurposes. (h)Abuse of Position.It shall be a violation of this Articlefor any City Officialto: (1)Harassment & Discrimination.Use the Official's position to harass or discriminate againstany person based upon ethnicity, race, gender, gender identity, sexual orientation, marital status, parental status, or religion. (2)Interference.Interfere with any criminal or administrative investigation alleging the violation of any provision of this Article, the CityCharter, administrative policy or executive order in any manner, including but not limited to seeking to persuade or coerce Cityemployees or others to withhold their cooperation in such investigationis a violation of this Article. (i)Subsequent Work on Prior Projects. It shall be a violation of this Article for any former City Official,within two (2) years of the cessation of official duties for the City, toperform work on a compensated basis relating to a City contractor arrangement for the provision of goods, services, real property or other things of value, if while in City service the former City Official personally and substantially participated in the negotiation, award or administration of the contractor other arrangement. DIVISION 3.IMPLEMENTATION Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 12 Sec. 3-114.Staffing (a)City Auditor. The City Auditor’s Office shall be responsible to provide staff and clerical support to the Board of Ethicsto assist in the implementation and enforcement of this Article. The degree of support required shall be at the discretion of the City Auditor.Nothing herein creates a duty for the City Auditor to enforce this Article. (b)Conflicts Log.The City Auditor’s Office shall, in cooperation with the City Secretary’s Office,maintain a Conflicts Log on an ongoing basis listing the Conflicting Interests disclosed by City Officials in accordance with this Article.The log is a public record. The City Auditor is neither authorized nor required to inspect or act upon the content of the Conflicts Log. (c)City Manager. If a Complaint accuses the City Auditor of violating this Article, the duties of the City Auditor under this Article shall be performed by the City Managerfor purposes of processing that Complaint. Sec. 3-115.LegalCounsel (a)CityAttorney.The CityAttorney shall provide legal support to the Board of Ethics. (b)Special Counsel.Independent, outside legal services shall be engaged by the City Attorney on the City’s behalf to provide legal support to the Board of Ethicswhen: (1)in the CityAttorney’s discretion it is necessary in order to comply with the Texas Disciplinary Rules of Professional Conduct (for lawyers), or is in the best interest of the City; or (2)when the CityCouncil deems Special Counsel is necessary. Sec. 3-116.Training (a)Curriculum.TheCity Auditorshall approve a training program that provides an introduction and overview of the expectation, mandates and prohibitions provided for by this Article. (b)Orientation.City Officials shall complete atraining session regarding this Article within ninety (90) days of commencing theofficial duties. (c)Annual.City Officials shall complete an annual training session regarding this Article. (d)Exiting Officials.Informationshall be provided to City Officialsterminating their City service regarding the continuing restrictions onthe representation of others bycertain former City Officials. Sec. 3-117.Board of Ethics (a)Creation.There is hereby created a Board of Ethicsfor the Cityof Denton. (b)Appointment. The Board of Ethicsshall beappointed by majority vote of theCity Council. Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 13 (c)Number.The Board of Ethicsshall consist of seven (7)regular members. (d)Terms. Board of Ethicsmembers (regular and alternates) shall be appointed for two (2) year, staggeredterms.Members may be reappointed for successive terms. Appointment to fill a vacancy shall be for the remainder of the unexpired term.Members of the inaugural Board of Ethics shall draw straws to determine which three (3) members shall receive an initial term of one (1) year in order to stagger terms. In total, members may only serve three (3) terms. (e)Eligibility.Membership on the Board of Ethicsis limited to residents of the Cityof Denton. Preference in appointments shall be given to professionals such as attorneys, architects, engineers, doctors, teachers, pastors,mediators, retired jurists, licensed professional counselors, and those with licenses demonstrating high levels of education or master craftsmanship in the building trades. The Board shall be comprised of at least three (3) members who are attorneys or retired jurists. (f)Ineligibility. The followingshall disqualify a personfrom serving on the Board of Ethics: (1)current service as aCity Official; (2)separation from cityserviceas a City Officialwithin two (2) years of the appointment; rd (3)familial relations within the third (3)degree of affinity (marriage) or consanguinity (blood or adoption); (4)current service as an elected official in Denton County; and / or (5)conviction of a felony, or crime of moral turpitude. (g)Alternates.Alternate members of the Board of Ethicsshall attend meetings only upon request by the City Auditor’s Office. The role of an alternate is to participate in meetings of the Board of Ethicsas a replacement for a regular member who is absent or abstaining. (h)Scope of Authority.TheBoard of Ethic’s jurisdiction shall be limited to implementation and enforcement of this Article. (i)Amendments.The Board of Ethicsmay recommend amendments to this Article. A recommendation from the Board of Ethicsis not required for the CityCouncil to exercise its discretion in amending this Article. (j)Officers.At the first meeting of each fiscal year the Board of Ethics shall select from among its members a Chairperson and Vice-Chairperson. (k)Rules of Procedure: The Board of Ethicsshall adopt rules of procedure governing how to conduct meetings and hearings. Such procedural rules are subject to confirmation or modification by theCityCouncil. Sec. 3-118.Advisory Opinions Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 14 (a)Requests.Any City Officialmay request an Advisory Opinion on a question of compliance with this Article.Requests shall be submitted in writing to the City Auditor, who shall assign the request to a Panel. (b)Issuance.APanel of the Board of Ethicsshall issue Advisory Opinions upon request. Advisory Opinions shall be issued within thirty (30) days of receipt of the request. (c)Reliance.It shall be an affirmative defense to a Complaintthat the Accused relied upon an Advisory Opinion. In making a determination on the proper disposition of a Complaint, the Board of Ethicsmay dismiss the Complaintif the Board finds that: (1)the Accusedreasonably relied in good faith uponan Advisory Opinion; (2)the request for an Advisory Opinion fairly and accurately disclosed the relevant facts; and (3)less than five (5) years elapsed between the date the Advisory Opinion was issued and the date of the conduct in question. Sec. 3-119.Complaints (a)Complainants.Any person who has first-hand knowledge that there has been a violation of Sections 3-112 and 3-113 of this Articlemay allege such violationsby submittingaComplaint.The persons who may submit Complaints includes (but is not limited to) the City Auditorand members of the Board of Ethics. (b)Form. Complaints shall be written on, or accompanied by, a completed form promulgated by the City Auditor. (c)Contents. AComplaintfiledunder thissection must beinwritingandunder oathand must setforthinsimple,concise, direct statements and must state: (1)the name of the Complainant; (2)thestreetormailingaddress, email address,and thetelephone number ofthe Complainant; (3)thename ofeachperson Accusedof violating this Article; (4)thepositionortitleofeachpersonAccusedof violating this Article; (5)thenatureoftheallegedviolation,including(wheneverpossible)thespecific provisionofthisArticlealleged to have been violated; (6)astatementofthefactsconstitutingtheallegedviolationandthedatesonwhich orperiodoftimein which the alleged violation occurred; and (7)all documents or other material available to theComplainant that are relevant to the allegation. (d)ViolationAlleged.TheComplaintmust state on its face an allegation that, if true, constitutes a violation of this Article. Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 15 (e)Affidavit. AComplaintmust be accompaniedby an affidavitstating thatthe Complaint is trueand corrector thatthe Complainanthasgood reason to believe and doesbelieve thatthefactsallegedconstituteaviolation ofthis Article.The Complainantshallswear tothefactsbyoathbeforeaNotaryPublicorotherpersonauthorized bylawto administer oathsunder penalty of perjury. (f)Limitations Period. To be accepted, a Complaintmust be brought within six (6) months of the Complainantbecoming aware of the act or omission that constitutes a violation of this Article. A Complaintwill not be accepted more than two (2) years after the date of the act or omission. (g)Filing. Complaints shall be submitted to the City Auditor. Submission of Complaints may be made by hand delivery, by U.S. Mail, or emaildirected to an email address publicly listed by the City Auditor. (h)Acceptance of Complaint.Within five (5) business days of receivingaComplaint,the City Auditorshall determineif it isadministrativelycomplete, and timely. (1)Administratively Complete.AComplaintis administratively complete if it contains the information described above. If the Complaintis administratively complete, the City Auditorshall proceed as described in this Article. If the Complaintis incomplete the City Auditorshallsend a written deficiency notice tothe Complainant identifying therequired information that was not submitted. The Complainant shall have ten (10) business daysafter the date the City Auditorsends a deficiency notice to the Complainant to provide the required information to the City Auditor, or the Complaintis automatically deemed abandoned and may not be processed in accordance with this Article.Within five (5) business days of aComplaintbeing abandoned, theCity Auditorshall send written notification to the Complainant and the Accused. (2)Timely.To be timely, a Complaintmust be brought within six (6) months of the Complainant becoming aware of the act or omission that constitutes a violation of this Article. A Complaintwill not be accepted more than two (2) years after the date of the act or omission. (i)Notification of Acceptance. Within five (5) business days of determining that a Complaintis administratively complete, the City Auditorshall send awritten notification of acceptance tothe Complainant, the Accused,and the CityAttorney. For purposes of this provision, a Complaintshall be considered Accepted when the City Auditorhas deemed the submittal administratively complete, and timely. (j)Confidentiality.AComplaintthat has been submitted to the Cityis hereby deemed confidential until such time as the Complaintis either dismissed or placed on an agenda for consideration by the Board of Ethicsin accordance with this Article.Clerical and administrative steps shall be taken to identify and manage confidential information in accordance with this Article. Theconfidentiality created by this Articleincludes the fact that a Complaintwas submitted and the contents of that Complaint.It shall be a violation of this Articlefor aCity Officialtopublicly discloseinformation relating to Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 16 the filing or processing of a Complaint, except as required for the performance of official duties or as required by law.RequestsforrecordspertainingtoComplaints shallberespondedtoincompliancewiththeState law. The limited confidentiality created by this Articleis limited in scope and application by the mandates of the Texas Public Information Act, Chapter 552 of the Texas Government Code. (k)Ex Parte Communications. After aComplainthasbeen filedandduringthependency of a Complaintbefore the Board of Ethics, it shall be a violation of this Article: (1)fortheComplainant,theAccused,oranypersonactingontheirbehalf,to engageorattempttoengagedirectlyorindirectlyaboutthesubjectmatteror meritsofaComplaintinexpartecommunicationwith a memberof theBoard of Ethicsorany knownwitness to the Complaint; or (2)foraMemberoftheBoard of Ethics,toknowinglyallowanexparte communicationaboutthesubjectmatterormeritsofaComplaint,orto communicateaboutanyissueoffactorlaw relatingtotheComplaintdirectlyor indirectlywithanypersonotherthanaMemberoftheBoard of Ethics, the City Auditor’s office,the CityAttorney'soffice, or Special Counsel. Sec. 3-120.Preliminary Assessment (a)Referral to Chairperson. Accepted Complaint(s)shall be referred to the Chairperson of the Board of Ethicswithin five (5) business days of being determined administratively complete. (b)Assignment of Panel. Within five (5) business days of receiving an Accepted Complaint, the Chairperson of the Board of Ethicsshall assign the Complaintto a Panel for Preliminary Assessment.The Chairperson shall order a meeting of the Panel, which shall be conducted in compliance with the Texas Open Meetings Act. Each Panel shall select a Presiding Officer to conduct Panel deliberations. (c)Panel Determination. Within ten (10) business days of being assigned an Accepted Complaint, the Panel shall review the Complainton its face anddetermine whether the Complaintis: (1)Actionable:the allegations and evidence contained in the Complaint, if true, would constitute a violation of this Article. (2)Baseless:the allegations and evidence contained in the Complaint, if true, would not constitute a violation of this Article. Actionable Complaints shall be returned to the Chairperson for listing on an agenda for a public hearing. Baseless Complaints shall be dismissed. Written notification of the Panel’s determination shall be filed with the City Auditorand sent to the Chairperson, Complainant,the Accused, and the CityAttorneywithin two (2) business days. Written notifications of dismissal shall include notice of the right to appeal. (d)Appeals. APanel’spreliminary assessment under this Section 3-120may be appealed to the Board of Ethicsby either the Complainant or the Accused, as applicable. An Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 17 appeal shallbe perfected by filing a written notice of appeal with the City Auditor within ten (10) business days of the date of the written notification. Sec. 3-121.Meetings (a)CallingMeetings.Meetings of theBoard of Ethicsshall be called upon request of the Chairperson, three(3) members, or the City Auditor. (b)Quorum. The quorum necessary to conduct meetings of the Board of Ethicsshall be four (4).The Chairperson (or acting chairperson) shall count toward the establishment of a quorumand retains the right to vote. (c)Hearings: (1)Scheduling:Hearingsshall be scheduledby the City Auditorupon the filing of: (A)aPanel determination that a Complaintis Actionable; or (B)an Appeal challenging a Panel’s dismissal of a Complaintas Baseless. (2)Purpose:The purposeof the hearing(s) shall be solely to determinewhether: (A)a violation of this Articleoccurred, and if so to assess the appropriate sanction; (B)an Accepted Complaintwas erroneously dismissed as Baseless by a Panel; and/ or (C)an Accepted ComplaintisFrivolous. (3)Sworn Testimony:Allwitness testimony provided to the Board of Ethicsshall be under oath. (4)Burden of Proof:Because the burden of showing that a violation of this Article occurred is placed on the Complainant, it is the Complainant that has the obligation to put forth evidence, including testimony, supporting the Complaint. The Complainant is required to testify at the hearing. A Complainant’s failure to testify at a hearing shall be grounds for dismissal of a Complaint. (5)Representation:The Accused shall have a right to present a defense. Both the Complainant and the Accuser have a right to be represented by legal counsel. (d)Open Meetings. All meetings and hearings of the Board of Ethics, including Panel deliberations,shall be conducted pursuant to the Texas Open Meetings Act. The Board of Ethicsmay convene in Executive Session (i.e., conduct a closed meeting) as allowed by the Act. All final actionsof the Board of Ethics shall take place in open session. (e)Postponement in Certain Instances. (1)Proceedings may be postponed upon majority vote by themembers of the Board of Ethics. Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 18 (2)The Complainant and the Accused are each entitled to one (1) postponement without cause. Additional postponements shall be solely for good cause and at the discretion of the Board of Ethics. (3)If a Complaintalleges facts that are involved in a criminal investigation or a criminal proceeding before a grand jury or the courts, the Board of Ethicsmay, when a majority of its members deem appropriate, postpone any hearing or any appeal concerning the Complaintuntil after the criminal investigation or criminal proceedings are terminated. Sec. 3-122.Disposition (a)Dismissal.IftheBoard of Ethicsdeterminesattheconclusionofahearingby simple majority vote of its members thataComplaintshould be dismissed, it may do so upon finding: (1)the Complaintis Baseless; (2)the alleged violation did not occur; (3)the Accused reasonably relied in good faith upon an Advisory Opinion, as provided in this Article;or (4)the Complainant failed to testify at the hearing. (b)Sanctions.IftheBoard of Ethicsdeterminesattheconclusionofahearingthata violationhasoccurred,it maywithin ten (10) business daysimpose or recommendany of the following sanctions: (1)LetterofNotification.Iftheviolationisclearlyunintentional,orwhenthe Accuser'sactionwasmadeinrelianceonawrittenopinionoftheCityAttorney. Aletterofnotificationshalladvise theAccusedof any stepsto be taken to avoid future violations. (2)LetterofAdmonition.IftheBoard of Ethicsfindsthattheviolationisminor andmayhavebeenunintentional,but calls for a moresubstantial responsethan a letter of notification. (3)Letter of Reprimand.If the Board of Ethicsfinds that the violation: (A)wasminorandwascommittedknowingly,intentionallyorindisregard ofthisArticle; or (B)was seriousandmayhave beenunintentional. (4)RecommendationofSuspension.IftheBoard of Ethicsfindsthataviolation was committed by a Member of the Planning & Zoning, or Zoning Board of Adjustment,or a Department Head, and it: (A)wasseriousandwascommittedknowingly,intentionallyorindisregardof thisArticleorastate conflict of interest law; or Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 19 (B)wasminorbutsimilartoapreviousviolationbythePerson,andwas committedknowingly,intentionally orin disregardof thisArticle. Thefinal authority to impose a suspensionrests with theCity Council. (5)Ineligibility. If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year. Notice of all sanctions imposed by the Board of Ethicsshallbetransmittedto the Accused, Complainant, City Auditor,CityAttorney, and CityCouncil. (c)Frivolous. (1)Prohibition.Itis a violation of this Articlefor a Personto submit a Frivolous Complaint. (2)Super-Majority Vote.IftheBoard of Ethicsdeterminesattheconclusionofa hearingby a vote of two-thirds (2/3) of its Membersthat a Complaintwas Frivolous, the Board mayimpose a sanctionas provided by Section 3-122(b). (3)Factors. In making adeterminationon frivolity, the Board of Ethicsshall consider the following factors: (A)thetimingoftheswornComplaintwithrespecttowhenthefacts supportingtheallegedviolationbecameknownorshouldhavebecome knowntotheComplainant,andwithrespecttothedateofanypending electioninwhichtheAccusedisaCandidateorisinvolvedwitha candidacy,ifany; (B)thenatureandtypeofanypublicitysurroundingthefilingofthe swornComplaint,andthedegreeofparticipationbytheComplainantin publicizingthefactthataComplaintwasfiled; (C)theexistenceandnatureofanyrelationshipbetweentheAccusedandthe ComplainantbeforetheComplaintwasfiled; (D)iftheAccusedisaCandidateforElectiontoOffice,theexistence andnatureofanyrelationshipbetweentheComplainantandany CandidateorgroupopposingtheAccused; (E)anyevidencethattheComplainantkneworreasonablyshouldhave knownthatthe allegationsintheComplaintweregroundless;and (F)anyevidenceoftheComplainant'smotivesinfilingtheComplaint. (4)External Remedies. Complainants who submit Frivolous Complaints are hereby notified that their actions may subject them to criminal prosecution for perjury (criminal prosecution),or civil liability for the tortsof defamation or abuse of process. Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 20 Sec. 3-123.Reconsideration TheComplainantorAccusedmayrequestthe Board of Ethicstoreconsideritsdecision.The requestmustbe filed withtheCity Auditorwithinfive(5)businessdaysofreceivingthefinal opinionoftheBoard of Ethics.The request for reconsideration shall be sent to the Chairperson of the Board of Ethicsand the non-filing party (Complainant or Accused). If the Chairpersonfinds, in the Chairperson’s sole discretion, that the request includes new evidence that was not submitted at a prior hearing, and that the new evidence bears directly on the Board of Ethic’s previous determination, the Chairpersonshall schedule a hearing on the request for reconsideration to occur withinthirty(30)businessdaysafterfilingwiththeCity Auditor.Absent new evidence, the Chairperson shall unilaterally dismiss the request for reconsiderationand provide to the Parties. Sec. 3-124.General Procedural Matters (a)Deadlines. Any deadline provided in this Article shall be construed as expiring at 5:00 p.m. local time on the last day. (b)Mailbox Rule.___________ Sec. 3-125.Lobbyists\[reserved\] Bojorquez Law Firm, PCWorksheet: Module #6March 20, 2018 for the City of Denton, TexasDraft “B”of the Code of Ethicspage 21 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:Z17-0025d,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,regardingazoning changefromNeighborhoodResidential2(NR-2)districtanduseclassificationtoaRegionalCenter CommercialDowntown(RCC-D)districtanduseclassificationonapproximately88.725acresofland generallylocatedsouthofUniversityDrive(US380),approximately1,500feetwestofInterstate35(I-35),in theCityofDenton,DentonCounty,Texas;adoptinganamendmenttotheCityÓsofficialzoningmap;providing forapenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingaseverabilityclauseandan effectivedate.ThePlanningandZoningCommissionrecommended6-0toapprovetherequest.A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL. City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM: Todd Hileman DATE: March 20, 2018 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a zoning change from Neighborhood Residential 2 (NR-2) district and use classification to a Regional Center Commercial Downtown (RCC-D) district and use classification on approximately 88.725 acres of land generally located south of University Drive (US 380), approximately 1,500 feet west of Interstate 35 (I-35), in the City of Denton, Denton County, Texas; adopting an amendment to the official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission recommended 6-0 to approve the request. A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL. BACKGROUND The subject property is the former location of the Selwyn School. The school relocated to a new location last year. The current property owner who bought the property is proposing to rezone the property from NR-2 District to RCC-D District to facilitate the development of a corporate headquarter/professional offices/mixed use development project. Attached as Exhibit 9 for your review is a copy of the project narrative. A full staff analysis of the zoning change request is provided in Exhibit 2. Since the proposed zoning change of the property has been protested in writing by owners of more than 20percent of the area within two hundred feet, a supermajority vote by Council is required for approval. The Rayzor Company represents 61 percent of the area within two hundred feet and they are in opposition of the proposed zoning change request. The response letter submitted by The Rayzor Company representative did not provide any information as to why the Company is in opposition, but the representative did attend the Planning and Zoning Commission to voice their opposition. Refer to Exhibit 8 - Notification Map and Responses for a map and a copy of the response. At the Planning and Zoning Commission public hearing, the representative explained that the potential of residential dwelling units developed on the subject property w their ability to market and sell their adjacent properties to future industrial users. During the public hearing a Planning and Zoning Commissioner asked why residential dwelling units was okay adjacent to Peterbilt Motors located south of Oak Street and not okay at this location. The representative stated that the future Precision Drive would separated the two properties. On December 5, 2017, the City Council approved a zoning change and Specific Use Permit to allow for 71.76 acres of land, specifically to allow for a multi-family residential use on approximately 32.60 acres and to allow for an outdoor recreation use on approximately 19.90 acres. The proposed multi-family development, called the Retreat at Denton, is generally located on the south side of West Oak Street approximately 290 feet west of the Interstate 35 (I-35). OPTIONS 1. Recommend approval as submitted. 2. Recommend approval subject to conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommended approval of the request with a (6-0) vote. Staff recommends approval of this request. PRIOR ACTION/REVIEW (Council, Boards, Commissions) November 29, 2017 The Planning and Zoning Commission opened the public hearing and postponed the item to the January 10, 2018 meeting at the request of the applicant. January 10, 2018 The Planning and Zoning Commission continued the public hearing and again postponed the item to the February 21, 2018 meeting at the request of the applicant. February 21, 2018 - Planning and Zoning Commission held public hearing and recommended 6-0 to approve the request. STRATEGIC PLAN RELATIONSHIP The City of Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Site Location Map 4. Future Land Use Map 5. Zoning Map 6. Proposed Zoning Map 7. Comparison of Permitted Uses 8. Notification Map and Responses ct Narrative 10. Planning and Zoning Commission Minutes 11. Draft Ordinance 12. Staff Presentation Respectfully submitted: Richard Cannone, AICP Interim Planning Director Prepared by: Ron Menguita, AICP Long Range Planning Administrator Њ Minutes Ћ Planning and Zoning Commission Ќ February 21, 2018 Ѝ Ў After determining that a quorum was present, the Planning and Zoning Commission of the City of Џ Denton, Texas convened in a Work Session on February 21, 2018 at 4:00 p.m. in the City Council А Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which time the Б following items were considered: В ЊЉ PRESENT: Chair Jim Strange, Commissioners: Alfredo Sanchez, Larry Beck, Andrew Rozell, ЊЊ Margie Ellis, and Tim Smith. ЊЋ ЊЌ ABSENT: Commissioner Steve Sullivan. ЊЍ ЊЎ STAFF: Athenia Green, Deborah Viera, Robert Makowski, Hayley Zagurski, Scott ЊЏ McDonald, Shandrian Jarvis, Ron Menguita, Richard Cannone, and Victor Flores. ЊА ЊБ WORK SESSION ЊВ ЋЉ Chair Strange called the Work Session to order at 4:05 p.m. ЋЊ ЋЋ 1. Clarification of agenda items listed on the agenda for this meeting. This is an opportunity ЋЌ for Commissioners to ask questions of staff on the Consent and Regular Agenda items, ЋЍ which may include a full briefing on an item in the order it appears on the regular session ЋЎ agenda. Any such briefing will be repeated in regular session. ЋЏ ЋА Commissioner Ellis referred to Consent Agenda Item 3A, she questioned if there would be one ЋБ development. Shandrian Jarvis, Principal Planner, stated there is one owner for the two lots. ЋВ Commissioner Ellis questioned which lot would be developed on. Richard Cannone, Interim ЌЉ Planning Director, stated development would take place on Lot 1 Block A. ЌЊ ЌЋ Chair Strange stated Item for Individual Consideration 4A will not be heard during this meeting, ЌЌ it will come back as a Work Session during the March 7, 2018 meeting. ЌЍ ЌЎ Ron Menguita, Principal Planner, presented Public Hearing Item 5A. He stated staff recommends ЌЏ approval of the request. ЌА ЌБ Hayley Zagurski, Senior Planner, presented Public Hearing Item 5B. She stated staff recommends ЌВ approval of the request. Commissioner Smith arrived to the meeting. Commissioner Smith ЍЉ questioned the mobility plans for the area. Zagurski stated the applicant should have a concept ЍЊ plan to provide during the Regular Meeting. ЍЋ ЍЌ Chair Strange stated Public Hearing Item 5C has been postponed indefinitely, Public Hearing ЍЍ Items 5D and 5E will be continued to a date certain. ЍЎ ЍЏ Њ 2. Work Session Reports: Ћ Ќ A. Receive a presentation, hold a discussion and provide staff direction regarding the public Ѝ outreach effort related to the Denton Development Code Update. (Ron Menguita) Ў Џ Ron Menguita, Principal Planner, presented this request. There are approximately 26 zoning А districts currently, staff is proposing to go down to approximately 14 zoning districts. Some of the Б districts will either be combined or eliminated. В ЊЉ The Commission questioned the public outreach opportunities and outcome from the meetings. ЊЊ Menguita stated approximately 30-40 individuals have attended the meetings, there is also ЊЋ opportunity for feedback to be provided online as well. He stated there is currently a lot of ЊЌ opportunity for public outreach. ЊЍ ЊЎ Menguita stated he will also present this item to City Council as well. There was no further ЊЏ discussion. ЊА ЊБ Chair Strange called a recess from 5:12 p.m. to 5:22 p.m. ЊВ ЋЉ B. Receive a report, hold a discussion and provide staff direction regarding repealing and ЋЊ replacing Section 35.17 of the Denton Development Code. (DCA17-0011, Subchapter 17, ЋЋ Deborah Viera) ЋЌ ЋЍ Deborah Viera, Assistant Director of Environmental Services, presented this request. The ЋЎ Commission discussed the proposed revisions to the code, infill concerns, upland habitats, ЋЏ protecting Environmentally Sensitive Areas (ESA), and the list of 61 comments. ЋА ЋБ Commissioner Ellis questioned the number of ESAs over the years. Viera stated there have been ЋВ a few submitted over the years, however, some have started the process and not yet been ЌЉ completed. Such as Buc-ees. ЌЊ ЌЋ Chair Strange questioned the total number of upland habitats within Denton. Viera stated ЌЌ approximately 1,800 acres. ЌЍ ЌЎ There was no further discussion. Chair Strange closed the Work Session at 6:28 p.m. ЌЏ ЌА C. Receive a report, hold a discussion, and provide staff comments regarding the proposed ЌБ amendments to the City of Denton Drainage Design Criteria Manual and the Transportation ЌВ Design Criteria Manual in order to update the standards associated with those criteria and ЍЉ receive information from staff regarding the procedure for such amendments. ЍЊ ЍЋ This item will be discussed during the March 7, 2018 meeting. ЍЌ ЍЍ REGULAR MEETING ЍЎ ЍЏ Chair Strange called the Regular Meeting to order at 6:40 p.m. Ћ Њ The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, February Ћ 21, 2018 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time Ќ the following items were considered: Ѝ Ў 1. PLEDGE OF ALLEGIANCE: Џ А A. U.S. Flag Б B. Texas Flag В ЊЉ 2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION ЊЊ MINUTES FOR: ЊЋ ЊЌ A. February 7, 2018 ЊЍ ЊЎ Commissioner Larry Beck motioned, Commissioner Margie Ellis seconded to approve the ЊЏ February 7, 2018, meeting minutes. Motion approved (5-0). Commissioner Alfredo Sanchez "aye", ЊА Commissioner Larry Beck "aye", Commissioner Andrew Rozell "aye", Chair Jim Strange "aye", ЊБ and Commissioner Margie Ellis "aye". Commissioner Tim Smith abstained. ЊВ ЋЉ 3. CONSENT AGENDA: ЋЊ ЋЋ A. Consider a request by Bel Air Development, Ltd. for approval of a Preliminary Plat ЋЌ of Lots 1 and 2, Block A of the Palladium Denton Addition. The approximately ЋЍ 20-acre site is located at the southeast corner of Sherman Drive and Loop 288, in ЋЎ Denton, Texas. (PP17-0026, Palladium Denton, Shandrian Jarvis Ugwoke). ЋЏ ЋА Commissioner Tim Smith motioned, Commissioner Andrew Rozell seconded to approve the ЋБ Consent Agenda. Motion approved (6-0). Commissioner Alfredo Sanchez "aye", Commissioner ЋВ Larry Beck "aye", Commissioner Andrew Rozell "aye", Chair Jim Strange "aye", Commissioner ЌЉ Margie Ellis "aye", and Commissioner Tim Smith "aye". ЌЊ ЌЋ 4. ITEMS FOR INDIVIDUAL CONSIDERATION: ЌЌ ЌЍ A. Consider making a recommendation to City Council regarding approval of the ЌЎ proposed amendments to the City of Denton Drainage Design Criteria Manual and ЌЏ the Transportation Design Criteria Manual. ЌА ЌБ This item will be heard during the March 7, 2018 meeting. ЌВ ЍЉ 5. PUBLIC HEARINGS: ЍЊ ЍЋ A. Hold a public hearing and consider making a recommendation to City Council ЍЌ regarding a request by G&A Consultants, LLC on behalf of the property owner, ЍЍ Volunteer Enterprises, LLC for a zoning change from Neighborhood Residential 2 ЍЎ (NR-2) to Regional Center Commercial Downtown (RCC-D) on approximately ЍЏ 88.725 acres. The subject property is generally located south of University Drive Ќ Њ (US 380), approximately 1,500 feet west of Interstate 35 (I-35), in the City of Ћ Denton, Denton County, Texas. (Z17-0025, Volunteer Enterprises, Ron Menguita) Ќ Ѝ Ron Menguita, Principal Planner, presented this request. Staff recommends approval of the Ў request. Menguita stated a super majority vote would be required during City Council based on Џ the neighboring property owner opposition. Chair Strange opened the Public Hearing. А Б The following individuals spoke during the Public Hearing: В ЊЉ Randi Rivera, applicant, 111 Hillside Drive, Lewisville, Texas. Spoke in support. Rivera ЊЊ provided a brief presentation, including site photos, and drone photos of the site. She stated 45% ЊЋ of the land is encumbered by floodplain, drainage easement, pipeline easement, and gas well pad ЊЌ sites. She stated she has spoken with the neighbor that is in opposition, they want to be able to ЊЍ protect their land. The neighbor also wants to make sure that the pond is functioning properly and ЊЎ not causing erosion to run downstream. Rivera stated as the applicant, they also would like to see ЊЏ the pond updated to function properly. ЊА ЊБ Commissioner Smith questioned the size of the proposed corporate and urban residential areas. ЊВ Rivera stated it would cover approximately 25 acres. Those two uses could be flip-flopped on the ЋЉ site. She compared the development to Cypress Waters in the Irving, Texas area. Commissioner ЋЊ Smith questioned the type of corporate campus. Rivera stated there is not a specific company at ЋЋ this time, however, they have worked with the Economic Development Department and discussed ЋЌ the shortage of Campus Class A type settings. ЋЍ ЋЎ Philip Baker, P. O. Box 2424, Denton, Texas. Spoke in opposition. Baker stated he ЋЏ represents the Rayzor Developments, which owns approximately 134 acres surrounding the ЋА subject site. He stated the zoning would allow for retail, multi-family, and restaurants. Baker stated ЋБ he have an issue with retail and restaurants along University Drive, he personally does not ЋВ feel they would survive based on the surrounding developments. There are a lot of developments ЌЉ in the area that do not want to be next to residential uses. He stated his company has ensured ЌЊ several businesses that they would not be neighboring residential uses. ЌЋ ЌЌ Chair Strange questioned Baker why he feels his project that came before this Commission a few ЌЍ months back is an acceptable development in the area, however, the proposed development is not ЌЎ sufficient. Baker stated there are topography issues with the site, there are no natural land features ЌЏ to the site. The existing stream needs to be dealt with. Baker stated he want to see ЌА residential developed on the site. He stated he believes the pond is something that a staff member ЌБ of the Selwyn School dug up just using a backhoe. He feel that it was created properly. ЌВ ЍЉ Everette Newland, property owner, 8485 Jim Christal Road, Denton, Texas. Newland ЍЊ stated they have tried to meet with Baker regarding his issues in the past, however, Baker does not ЍЋ recall the discussions. Newland stated they do not have an issue flip-flopping the corporate and ЍЌ urban residential uses on the site. ЍЍ ЍЎ The Commission stated they feel the zoning and the uses are compatible for the area. They would ЍЏ like to see it move forward to City Council. Ѝ Њ There was no one else to speak. Chair Strange closed the Public Hearing. Ћ Ќ Commissioner Tim Smith motioned, Commissioner Andrew Rozell seconded to approve this Ѝ request. Motion approved (6-0). Commissioner Alfredo Sanchez "aye", Commissioner Larry Beck Ў "aye", Commissioner Andrew Rozell "aye", Chair Jim Strange "aye", Commissioner Margie Ellis Џ "aye", and Commissioner Tim Smith "aye". А Б B. Hold a public hearing and consider making a recommendation to City Council В regarding a request by KD Partners LLC for an amendment to the Rayzor Ranch ЊЉ Overlay District to provide standards and criteria for the residential development ЊЊ within the Rayzor Ranch Marketplace Residential Area. The Rayzor Ranch ЊЋ Marketplace Residential Area includes approximately 40.7 acres generally located ЊЌ on the west side of North Bonnie Brae Street, approximately 1,400 feet north of ЊЍ West University Drive (US 380) in the City of Denton, Denton County, Texas. This ЊЎ item was continued from the February 7, 2018 meeting. (Z18-0001, Rayzor Ranch ЊЏ Marketplace Residential, Hayley Zagurski). ЊА ЊБ Chair Strange opened the Public Hearing. Hayley Zagurski, Senior Planner, presented this request. ЊВ Staff recommends approval of the request. Zagurski stated the applicant is present. ЋЉ ЋЊ The following individuals spoke during the Public Hearing: ЋЋ Greg Edwards, applicant, Greg Edwards Engineering, 1621 Amanda Court, Ponder, Texas. ЋЌ Edwards provided information regarding the project, including a rendering of the preliminary site ЋЍ plan. ЋЎ ЋЏ ЋА wants the development to look like single homes rather than an apartment development. ЋБ ЋВ Daniel Ebarb, developer, 13642 Omega, Dallas, Texas. Ebarb stated individual townhomes ЌЉ would be developed to appear as one house. ЌЊ ЌЋ Commissioner Ellis questioned if each unit will have its own entry from the outside. Ebarb ЌЌ confirmed. ЌЍ ЌЎ Commissioner Smith questioned if the units would be rental property or for sale. Ebarb stated they ЌЏ would be for sale. ЌА ЌБ Stephanie Wilson, 2609 Thunderbird Drive, Denton, Texas. Spoke in opposition. Wilson ЌВ stated there is a lot of traffic in the area already. She questioned if there is a proposed point of ЍЉ access to the subject site connecting to the existing neighborhood. Zagurski stated no, the lines on ЍЊ the map are easements not an actual road. ЍЋ ЍЌ Jim Wilson, 2609 Thunderbird Drive, Denton, Texas. Spoke in opposition. Wilson ЍЍ questioned the proposed fence materials. Zagurski stated the materials would have to be listed as ЍЎ approved materials within the Rayzor Ranch Overlay District standards. Wilson stated there is a ЍЏ lot of traffic in the area, a lot of traffic currently cuts through their neighborhood to access the Ў Њ Rayzor Ranch development. Wilson questioned if there will be a Homeowners Association for the Ћ development. Ebarb confirmed. Ќ Ѝ Commissioner Rozell requested an update from staff regarding the Bonnie Brae Street expansion. Ў Zagurski stated the portion of the Bonnie Brae Street expansion for this area would be during Phase Џ 6 of the overall expansion plan, which is projected for construction in approximately 2020-2021. А Б Norma Fahrenbach, 2705 Thunderbird Drive, Denton, Texas. Spoke in opposition. В Fahrenbach questioned the different types of houses to be developed on site. Ebarb provided the ЊЉ site plan and identified the location of ЊЊ ЊЋ There was no one else to speak. Chair Strange closed the Public Hearing. ЊЌ ЊЍ The following individuals did not wish to speak, but provided a speaker card: ЊЎ Sheree Sardina, 2613 Thunderbird Drive, Denton, Texas. Opposed to this request. ЊЏ ЊА ЊБ Commissioner Tim Smith motioned, Commissioner Larry Beck seconded to approve this request. ЊВ Motion approved (6-0). Commissioner Alfredo Sanchez "aye", Commissioner Larry Beck "aye", ЋЉ Commissioner Andrew Rozell "aye", Chair Jim Strange "aye", Commissioner Margie Ellis "aye", ЋЊ and Commissioner Tim Smith "aye". ЋЋ ЋЌ C. Hold a public hearing and consider making a recommendation to City Council ЋЍ regarding a request by Randy Inman representing Budget Self Storage - Denton ЋЎ Ltd. to rezone approximately 3.4745 acres from a Neighborhood Residential Mixed ЋЏ Use (NRMU) District to a Community Mixed Use General (CM-G) District. The ЋА property is generally located at the located on the south side of Virginia Circle, ЋБ approximately 813 feet west of N. Loop 288. (Z17-0030, Budget Self Storage, ЋВ Cindy Jackson). STAFF HAS REQUESTED THAT THE ITEM BE POSTPONED ЌЉ INDEFINITELY. ЌЊ ЌЋ This item has been postponed indefinitely. There was no action taken. ЌЌ ЌЍ D. Hold a public hearing and consider making a recommendation to City Council ЌЎ regarding a request by Eric Schmitz representing Marvin Jeffries to rezone ЌЏ approximately 8.887 acres from a Neighborhood Residential 6 (NR-6) District to a ЌА Neighborhood Residential Mixed-Use 12 (NRMU-12) District. The property is ЌБ generally located at located at on the southwest side of Colorado Boulevard, ЌВ approx. 315 feet northwest of San Jacinto Boulevard. (Z17-0032, Colorado ЍЉ Townhouses, Cindy Jackson). STAFF HAS REQUESTED THAT THE ITEM BE ЍЊ POSTPONED TO THE MARCH 7, 2018, PLANNING AND ZONING ЍЋ COMMISSION MEETING. ЍЌ ЍЍ Chair Strange opened the Public Hearing. ЍЎ Џ Њ Commissioner Andrew Rozell motioned, Commissioner Tim Smith seconded to continue this item Ћ to a date certain of March 7, 2018. Motion approved (6-0). Commissioner Alfredo Sanchez "aye", Ќ Commissioner Larry Beck "aye", Commissioner Andrew Rozell "aye", Chair Jim Strange "aye", Ѝ Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". Ў Џ E. Hold a public hearing and consider approval of a request by Snow Investments, А LLC for a final replat of Lots 1R, 3R-1 and 3R-2, Block A, being a replat of Lots 1 Б -acre В property is generally located at the southeast corner of Lakeview Boulevard and ЊЉ Rodeo Drive in Denton County, Texas. (FR17- ЊЊ Jarvis Ugwoke). STAFF HAS REQUESTED THAT THE ITEM BE POSTPONED ЊЋ TO THE MARCH 21, 2018, PLANNING AND ZONING COMMISSION ЊЌ MEETING. ЊЍ ЊЎ Chair Strange opened the Public Hearing. ЊЏ ЊА Commissioner Tim Smith motioned, Commissioner Margie Ellis seconded to continue this item ЊБ to a date certain of March 21, 2018. Motion approved (6-0). Commissioner Alfredo Sanchez "aye", ЊВ Commissioner Larry Beck "aye", Commissioner Andrew Rozell "aye", Chair Jim Strange "aye", ЋЉ Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". ЋЊ ЋЋ F. Hold a public hearing and consider making a recommendation to City Council ЋЌ regarding proposed revisions to the Denton Development Code; specifically to ЋЍ repeal and replace Section 35.17 of the Denton Development Code. (DCA17-0011, ЋЎ Environmentally Sensitive Areas, Deborah Viera). ЋЏ ЋА Chair Strange opened the Public Hearing. Deborah Viera, Assistant Director of Environmental ЋБ Services, presented this request. ЋВ ЌЉ Chair Strange questioned how the responses from the 61 questions have been incorporated into the ЌЊ ordinance. Viera stated there are a total of 20 amendments, those would be incorporated into the ЌЋ motion in order to appear in the ordinance. ЌЌ ЌЍ The following individuals spoke during the Public Hearing: ЌЎ Kim McKibben, 1306 W. Hickory Street, Denton, Texas. Spoke in opposition. McKibben ЌЏ stated this is a sensitive request, it needs to be completely understood and reviewed. There is more ЌА to preserve than just the trees purifying the air. She stated the language needs to be very clear, and ЌБ drafted so that there cannot be any loopholes. ЌВ ЍЉ Lee Allison, Allison Engineering, 2415 N. Elm Street, Denton, Texas. Spoke in opposition ЍЊ on behalf of the Denton Community Developers Alliance. He stated there are still concerns that ЍЋ are not being addressed during this update. Such as the Alternative Environmentally Sensitive ЍЌ Areas, and how they are related to floodplains. ЍЍ ЍЎ There was no one else to speak. Chair Strange closed the Public Hearing. ЍЏ А Њ Commissioner Beck stated he would motion to approve the request including the 20 revisions Ћ provided by staff. Victor Flores, Deputy City Attorney, requested clarification regarding the Ќ motion. Flores questioned if the motion includes the following conditions: include the 20 revisions Ѝ provided in the staff backup material, include the definition of wetlands, include the definition of Ў upland habitat, and add the expansion of the word significant in Section 37.17.5.d to include Џ 50%. Commissioner Beck agreed. Commissioner Ellis stated she would second. А Б Chair Strange stated he cannot support the motion to approve the request. He would like to look at В the final clean version of the ordinance before taking a vote on it. He would vote to continue the ЊЉ item for 30 days, in order to allow more time for staff to work on the item. Commissioner Sanchez ЊЊ stated he agrees with Chair Strange. He stated if there is a need to add more meetings, then he does ЊЋ not have an issue with that. ЊЌ ЊЍ Commissioner Rozell questioned if a continuance of this item would interfere with the timeline of ЊЎ the Denton Development Code rewrite. Commissioner Rozell questioned what all would Chair ЊЏ Strange like to see take place within the next 30 days if a continuance is granted. Chair Strange ЊА stated he would like to see the comments pasted, clarification of the definitions, such as ЊБ significant, Phase 1 thoroughly researched to ensure it would work, hold a discussion regarding ЊВ the process of Alternative ESAs, and to ensure that the notifications are accessible to the general ЋЉ public. ЋЊ ЋЋ Commissioner Ellis stated she has concerns delaying this item to a date in the future. ЋЌ ЋЍ Commissioner Larry Beck motioned, Commissioner Margie Ellis seconded to approve this request ЋЎ based on the following conditions: include the 20 revisions provided in the staff backup material, ЋЏ include the definition of wetlands, include the definition of upland habitat, and add the expansion ЋА of the word significant in Section 37.17.5.d to include 50%. Motion approved (4-2). ЋБ Commissioner Larry Beck, "aye", Commissioner Andrew Rozell "aye", Commissioner Margie ЋВ Ellis "aye", and Commissioner Tim Smith "aye". Commissioner Alfredo Sanchez "nay", and Chair ЌЉ Jim Strange "nay". ЌЊ ЌЋ 6. PLANNING AND ZONING COMMISSION PROJECT MATRIX: ЌЌ ЌЍ A. MATRIX: ЌЎ ЌЏ Richard Cannone, Interim Planning Director, stated staff will be contacting the Commission within ЌА the next couple of weeks to schedule some special called meetings. There will be a few topics of ЌБ concern, such as traffic, impact fees, and Capital Improvement Projects. ЌВ ЍЉ There was no further discussion. Chair Strange adjourned the Regular Meeting at 9:43 p.m. ЍЊ Б Staff Analysis Z17-0025/Volunteer Hills City Council District 2 City Council March 20, 2018 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a zoning change from Neighborhood Residential 2 (NR-2) district and use classification to a Regional Center Commercial Downtown (RCC-D) district and use classification on approximately 88.725 acres of land generally located south of University Drive (US 380), approximately 1,500 feet west of Interstate 35 (I-35), in the City of Denton, Denton County, Texas; adopting an amendment to the official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission recommended 6-0 to approve the request. (Z17-0025, Volunteer Hills, Ron Menguita) OWNER: Volunteer Enterprises, LLC APPLICANT: G&A Consultants, LLC BACKGROUND: The subject property is the former location of the Selwyn School. The school relocated to a new location last year. The current property owner who bought the property is proposing to rezone the property from NR-2 District to RCC-D District to facilitate the development of a corporate headquarter/professional offices/mixed use development project. Attached as Exhibit 9 for your review is a copy of the app SITE DATA: The subject property is platted as Lot 1, Block A of the Selwyn School Addition. The 88.725 acre property is currently developed with buildings associated with the former Selwyn School, a pond and a gas well drilling and production site. This property is located within 1,000 feet of one or more gas well drilling and production sites and is also located within a gas well plat, that contains Selwyn School Unit 2-H and B-1. mentally Sensitive Areas (ESAs) map shows a riparian buffer ESA upstream and around the existing pond. Any future development that encroaches into the riparian buffer would require a field assessment and the potential completion of an Alternative ESA Plan. The subject property has approximately 1,500 feet of frontage on University Drive. University Drive is classified as a Primary Arterial per the City of Denton Mobility Plan. Primary Arterials provide major traffic movements within the City, typically are the highest traffic volume roadways in the city, designed with average daily trips (ADT) greater than 15,000 vehicles per day, have a Right of Way (ROW) of 110 to 135 feet, and have four or six lanes. University Drive is currently developed as a six-lane divided roadway with a 135 feet ROW. Utility service is available adjacent or within the property. Water service is available from the existing 20-inch water line along University Drive. All internal water lines will be private. During the platting/permitting process, the applicant will be required to provide sewer load calculations. At that time the City will review average daily flow and capacity to determine sewer options. There is an existing 10-inch public sewer main on the property which cannot not be encroached upon by trees or buildings. USE OF PROPERTY UNDER CURRENT ZONING: The NR-2 District is primarily intended for single-family uses with a maximum density of two dwelling units per acre. For subdivisions greater than two acres, there are no minimum lot sizes stipulated by the Denton Development Code (DDC). Non-residential uses by right or with limitations include churches, outdoor recreation, kennels, and veterinary clinics. More intensive non-residential uses, including daycares, elementary schools, and equestrian facilities, are permitted with a Specific Use Permit (SUP). Refer to the attached list of permitted uses for further detail. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: NR-2 District Use: Zoning: NR-2 District Use: Zoning: RCC-D District Single-family Residential Single-family Residential/ Use: Commercial/Industrial Subdivision Undeveloped land West: East: Zoning: Industrial Center Zoning: Industrial General (IC-G) District Center Employment Use: Professional Office, (IC-E) District Use: SUBJECT PROPERTY Westgate Business Park, Gas Undeveloped land Well Production and Drilling Site Southwest: South: Southeast: Zoning: IC-G District Zoning: IC-G District Zoning: IC-E District Use: Undeveloped land Use: Undeveloped land, Gas Use: Undeveloped land Well Production and Drilling Site COMPATIBILITY OF REQUEST WITH SURROUNDING ZONING AND LAND USES: The RCC-D district is one of the most intense zoning districts in the Regional Mixed Use future land category and the City of Denton as a whole. It is intended to promote mixed use development with an urban character and businesses with a highly regional customer base to attract visitors to the city. Moderate to high density residential uses with a maximum density of 100 units per acre are permitted including townhomes and apartments associated with a mixed- use development. All commercial and institutional uses are permitted with the exception of the sale of products grown on site, motels, equestrian facilities, outdoor recreation, sexually oriented businesses, elementary schools, and cemeteries. Most industrial uses are either limited or not permitted. Refer to the attached list of permitted uses in the RCC-D district for further detail. The proposed RCC-D District is compatible with the surrounding areas to the north and east. The property has frontage on University Drive a Primary Arterial and the property is in close proximity to I-35, which makes the permitted commercial uses and potential high density residential uses compatible with the area to the north and east. Currently a gas well and production site and vacant industrial property is to the west and south of the property. While some RCC-D uses may be considered incompatible with existing and potential uses to the west and south, they are more compatible than uses currently permitted under NR-2. Furthermore, any future development that is proposed adjacent to these existing and potential uses must meet setback and buffer requirements per the DDC. COMPREHENSIVE PLAN: Per the Denton Plan 2030, the Future Land Use designation for the subject property is Business Innovation located along the front of the property adjacent to University Drive and Industrial Commerce located in the remaining back portion of the property. is intended for large tracts of land that are appropriate for well- planned, larger scale office and employment parks with supporting uses such as retail hotels, and residential. Primary uses include office, research and development, and light manufacturing. This designation is proposed in areas that are in close proximity to commercial use areas and employment hubs so that future development may build from this proximity and create a critical mass for economic development. Comm is intended for areas where the predominant use include both light and heavy industrial uses, such as manufacturing, assembly, and fabrication. Wholesaling and distribution may be introduced to replace underutilized, heavy industrial uses or house future industrial development. In determining the Future Land Use designations for this area, the following factors were considered: 1) University Drive is a Primary Arterial that can handle the traffic demand for a mix of commercial uses; 2) the area north of University Drive has the potential to develop with well- planned, large scale office and employment parks; 3) along both sides of University Drive there is potential development for Business Innovation supporting uses such as retail, hotels and residential; and 4) the area generally south of University Drive and west of the railroad has existing light and heavy industrial uses and there is likely demand to add similar uses. Although the southern portion of the subject property is designated as Industrial Commerce. The intent is to develop south of University Drive with Business Innovation The proposed RCC-D District is consistent with the Future Land Use designation of Business Innovation. The permitted uses in the RCC-D District include primary uses such as: Professional Services and Offices Administrative or Research Facilities Light Manufacturing with a limitation Retail Warehouse with a limitation Business Trade School Multi-family Dwellings with a Specific Use Permit or part of a Mixed Use Development In addition, the general regulations in the RCC-D District allows for higher intensity uses compared to the NR-2 District. The RCC-D maximum lot coverage is 90 percent and maximum building height is 100 feet. The goal for the area over time, with guiding policies, zoning, general regulations, and design standards, is a mix of land use types and intensities which would accommodate a wide range of business innovation uses. Future development should be sited to avoid conflicts with sensitive land uses, and be compatible with the surrounding built environment through appropriate setbacks and buffering. CONSIDERATIONS: 1. Per the Denton Plan 2030, the Future Land Use designation for the subject property is Business Innovation located along the front of the property adjacent to University Drive and Industrial Commerce located in the remaining back portion of the property. 2. Section 35.3.4 of the Denton Development Code (DDC) states that an application for a rezoning may be approved based on the following conditions: a. The proposed rezoning conforms to the Future Land Use element of the Denton Plan; and b. The proposed rezoning facilitates the adequate provision of transportation, water, sewer, schools, parks, other public requirements, and public convenience. 3. The proposed rezoning conforms to the Land Use Element. When considering the zoning change request the staff reviews the overall goals and objectives of the Plan even if it does not match the Future Land Use Map. Staff has determined that Business Innovation is the appropriate Future Land Use designation for the entire property as it is platted as one lot and creating an opportunity for new businesses in the city where growth is planned is consistent with the overall vision of the city. 4. The proposed zoning change is consistent with Goal LU-2: Grow with Purpose: Achieve re-investment, revitalization, and redevelopment of key growth Centers and Corridors. University Drive is a key growth corridor. With the recent widening of the corridor, the redevelopment of the Selwyn School into a future Business Innovation land use is consistent with the goal of grow with purpose. 5. The existing Neighborhood Residential 2 District is inconsistent with the Future Land Use designation of Business Innovation. 6. The proposed RCC-D District is consistent with the Future Land Use designation of Business Innovation. 7. Primary permitted land uses in the RCC-D District include: a. Professional Services and Offices b. Administrative or Research Facilities c. Light Manufacturing with a limitation d. Retail Warehouse with a limitation e. Business Trade School f. Multi-family Dwellings with a Specific Use Permit or part of a Mixed Use Development 8. Future incompatible land uses are required to comply with buffer and screening requirement of the Denton Development Code. 9. University Drive is a Primary Arterial that can handle the traffic demand of Business Innovation primary and supporting uses. 10. Water and wastewater service is available adjacent or within the property. 11. The subject 88.725 acre property is platted as one lot - Lot 1, Block A of the Selwyn School Addition. 12. The subject property is one of few properties along University Drive that is large enough to develop a planned, large scale office and employment park. Developing this property into a potential business park/mixed use development is consistent with the goals and objectives of the Denton Plan 2030. STAFF RECOMMENDATION: Staff recommends approval of the request as it is consistent with the goals and objectives of the Denton Plan 2030. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, nine (9) notices were sent to property owners within 200 feet of the subject property, 12 courtesy notice postcards were sent to physical addresses within 500 feet of the subject property, a notice was published in the Denton Record Chronicle, and signs were placed on the property. NEIGHBORHOOD MEETING: As of this writing, no neighborhood meeting was held. Although the applicant did not hold a neighborhood meeting, the applicant has met with The Rayzor Company to discuss the proposed zoning change. The Rayzor Company owns the majority of the property that surrounds the subject site. Z17-0025 Site Location TIESZEN I35 § ¨¦ 02555101,020 Feet SITE µ Parcels Roads Date: 10/16/2017 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Z17-0025 Future Land Use Map Low Residential BAUER Moderate TIESZEN Residential Business Innovation Regional Mixed Use I35 § ¨¦ JIM CHRISTAL Industrial Commerce Government / Institutional 05001,0002,000 Feet SITEBusiness Innovation Future Land Use Commercial Low Residential Parcels µ Industrial Commerce Moderate Residential Roads Regional Mixed UseGovernment / Institutional Parks / Open Space Neighborhood Mixed Use Neighborhood / University Compatibility Area Date: 10/16/2017 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Z17-0025 Existing Zoning Map NR-3 TIESZEN NRMU-12 RCC-D NR-2 RD-5X CM-G EC-I EC-C IC-E I35 § ¨¦ IC-G DC-G 02555101,020 Feet SITECM-GIC-ENRMU-12 µ DC-GIC-GRCC-D Parcels EC-CNR-2RD-5X Roads EC-INR-3 Date: 10/16/2017 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Z17-0025 Proposed Zoning Map NR-3 TIESZEN NRMU-12 RCC-D NR-2 RD-5X CM-G EC-I EC-C IC-E I35 § ¨¦ IC-G DC-G 02555101,020 Feet SITECM-GIC-ENRMU-12 µ DC-GIC-GRCC-D Parcels EC-CNR-2RD-5X Roads EC-INR-3 Date: 10/16/2017 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. ComparisonofPermittedUses /ƚƒƦğƩźƭƚƓƚŅtĻƩƒƷźƷĻķ ƭĻƭ bwЋw//5 wĻƭźķĻƓƷźğƌ ƭĻƭ Agriculture PP Livestock L(7)L(7) SinglefamilyDwellings PN AccessoryDwellingUnitsSUP/L(1) N AttachedSinglefamilyDwellings NP DwellingsaboveBusinesses NP Live/WorkUnits NP Duplexes NN CommunityHomesfortheDisabled PP GroupHomes NSUP MultifamilyDwellings NL(6)&L(4) FraternityorSororityHouse NN Dormitory NN ManufacturedHousingDevelopments SUPN bwЋw//5 /ƚƒƒĻƩĭźğƌ\[ğƓķ ƭĻƭ Occupation Home PP SaleofProductsGrownonSite NN Hotels NP Motels NN BedandBreakfast NP RetailSalesandService NP MovieTheaters NP Restaurant NP PrivateClub NP Bar NP DriveThroughFacility NP ProfessionalServicesandOffices NP QuickVehicleServicing NP VehicleRepair NP AutoandRVSales NP LaundryFacilities NP EquestrianFacilities SUPN Recreation Outdoor PN IndoorRecreation NP MajorEventEntertainment NSUP CommercialParkingLots NP AdministrativeorResearchFacilities NP BroadcastingorProductionStudio NP SelfServiceStorage NN SexuallyOrientedBusiness NN bwЋw//5 LƓķǒƭƷƩźğƌ\[ğƓķ ƭĻƭ CraftAlcoholProduction NL(12) Printing/Publishing NN Bakeries NP ManufactureofNonOdiferousFoods NN FeedLots NN FoodProcessing NN LightManufacturing NL(28) HeavyManufacturing NN WholesaleSales NN WholesaleNurseries NN DistributionCenter/Warehouse,General NN Warehouse,Retail NL(13) ConstructionMaterialsSales NN JunkYardsandAutoWrecking NN WreckerServicesandImpoundLots NN Kennels NN VeterinaryClinics NP SanitaryLandfills,CommercialIncineratiors,TransferStations NN GasWells L(27)L(27) bwЋw//5 LƓƭƷźƷǒƷźƚƓğƌ\[ğƓķ ƭĻƭ BasicUtilities L(25)SUP CommunityService NP ParksandOpenSpace PP Churches PP SemiPublicHalls,Clubs,andLodges SUPP Business/TradeSchool NP AdultorChildDayCare SUPP Kindergarten,ElementarySchool SUPN MiddleSchool NP HighSchool NP Colleges NP Conference/ConventionCenters NP Hospital NP ElderlyHousing NP MedicalCenters NP Cemeteries NN Mortuaries NP WECS(FreestandingMonopoleSupportStructure) SUPSUP WECS(Buildingmounted) SUPSUP bwЋw//5 DĻƓĻƩğƌwĻŭǒƌğƷźƚƓƭ MinimumLotArea(squarefeet) 16,000none MaximumDensity 2100 MaximumLotCoverage 30%90% MinimumLandscapedArea 70%10% MaximumBuildingHeight 40feet100feet The following define the limitations to zoning uses when the zoning matrix identifies a use as permitted, but limited: L(1) = Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed one (1) per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed fifty (50) percent of the GHFA of the primary residence on the lot, and shall not exceed one thousand (1,000) sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4. One (1) additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. 5. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed fifty (50) percent of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten (10) acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten (10) acres. L(4) = Multi-family is permitted only: 1. With a Specific Use Permit; or 2. As part of a Mixed-Use Development; or 3. As part of a Master Plan Development, Existing; or 4. If the development received zoning approval allowing multi-family use within one (1) year prior to the effective date of Ordinance No. 2005-224; or 5. If allowed by a City Council approved neighborhood (small area) plan. L(6) = Permitted only on second (2 nd ) story and above, when an office, retail, or other permitted commercial use is on the ground floor along any avenue, collector, or arterial street, otherwise office or retail uses are not required. L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one (1) per each acre over three (3). L(12) = On-premise consumption or retail sales and shall limit the use to no more than ten thousand (10,000) square feet of gross floor area for production, bottling, packaging, storing, and other manufacturing related activities, and additional square footage shall require a Specific Use Permit. L(13) = Uses are limited to no more than fifty-five thousand (55,000) square feet of gross floor area per lot. L(25) = If proposed use is within two hundred (200) feet of a residential zone, approval is subject to a Specific Use Permit. L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. L(28) = Use allowed as part of consolidated parking plan. Z17-0025 Notification Response Map TIESZEN 200ft Buffer 500ft Buffer I35 § ¨¦ 02555101,020 Feet SITE In Favor µ Parcels Neutral Opposed Roads Date: 3/8/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Comprehensive Plan Amendment and Zoning Change Application Project Narrative Corporate Headquarters Mixed-Use Development Project The subject property is approximately 80 acres located at 3333 West University Drive just west of Interstate 35, comprised of the former Selwyn School site. The Corporate Headquarters Mixed-Use Development Project is intended to create a mix of uses anchored by high quality professional office buildings creating a live/work/play campus environment for a high-density employment center. A Comp Plan Amendment is being requested by the property owner to change the Future Land Use designation within this area to Regional Mixed Use. Coinciding with a Comp Plan Amendment, the property owner is also requesting a rezoning to Regional Commercial Center-Downtown (RCC-D). Site History The property was formerly home to the private Selwyn School. The main campus building burned down a few years ago. There are some remaining structures on the site. The school relocated in 2017. Surrounding Property Uses The property is currently zoned Neighborhood Residential-2 (NR-2). Zoning to the north of the property is also NR-2. Zoning to the east of the property is Industrial Center-Employment (IC-E) and zoning to the west of the property is largely Industrial Center-General (IC-G) with a small portion of Employment Center- Commercial (EC-C). The Future Land Use Plan indicates a split designation on the property Business Innovation to the north and Industrial Commerce to the south. Existing land uses include a residential subdivision to the north, commercial/retail to the east, and large scale heavy industry to the south and west. Existing Site Conditions There are auxiliary structures on the site remaining from the former operations of the Selwyn School, but the property is currently vacant and largely open space. There is the presence of a stream and lake on the property that do not appear to be within the FEMA Floodplain, but do appear to have an Environmentally Sensitive Area designation of Stream Buffer. Utilities are present to serve the former school. Proposed Site Conditions The property owner proposes a change in Future Land Use Designation and Zoning in order to facilitate the conditions necessary to develop the property for a corporate headquarters type campus. The prime location of the property at the major intersection of Interstate 35 and Highway 380 lends itself to a mixed- use development focused on high-quality professional offices; while allowing for a mix of uses to create a live/work/play environment that would be attractive to corporations with high paying jobs and significant numbers of employees. The exact configuration of buildings, and mix of uses would be determined based on the needs of the corporate end user, but could include restaurants, corporate-style housing, greenspace, and other amenities to support a headquarters environment. Nuisance Abatement Very large-scale industrial development exists immediately to the south and west of this property, and single-family residential development exists to the north. A mixed-use corporate campus environment would provide an appropriate buffer and transition between heavy industry and the commercial/residential uses along Highway 380. Comp Plan and Land Use Compatibility The proposed future land use designation and zoning district meet the following goals and objectives of the Comprehensive Plan, as well as create a desirable land use pattern as outlined below: A more appropriate land use that provides a transition from heavy industry to residential and commercial uses A logical continuation of the Regional Mixed-Use designation already in place along the northeast, southeast, and southwest corridors of the major intersection of Interstate 35 and Highway 380 Meets Comp Plan Goal LU-2 of encouraging compact growth at centers and corridors The Regional Mixed-Use Designation is intended for areas that serve as regional destinations to Denton and are primarily located along I-35 interchanges and primary arterials to encourage the greatest regional accessibility Development criteria for the Regional Mixed-Use designation addresses: o A regional activity center that is larger and more diverse in its land uses and includes vertically integrated uses where different uses may occur on different floors of a building (necessary for corporate headquarters) o Diverse uses located in close proximity to one another so that all uses are accessible from a single location (necessary for corporate headquarters) The Comp Plan addresses economic vitality and establishes a community vision statement, which includes: o Leveraging our strategic location, universities, and medical institutions, as a national leader in technological and knowledge-based innovation, allowing us to attract and retain a highly educated workforce o We attract corporations that have a strong sense of corporate responsibility to the environment, the community, and who take active roles in being excellent corporate citizens o We encourage a compact development pattern which includes expanded areas of mixed- use, a broad array of housing and retail choices responding to changing demographics and market preferences Meets Comp Plan Goal FEV-1 3.1: Use the Future Land Use Map to ensure adequate development areas exist to support a self-sustaining economy with a diversity of live/work/play development opportunities Meets Comp Plan Goal FEV-1 3.2: Ensure the development of new workplaces that are close to and complement surrounding residential, civic, and recreational land uses Meets Comp Plan Goal FEV--to-worker ratio by increasing the number of jobs available to the resident workforce and local graduates. The characteristics of this property are conducive for a large scale corporate headquarters type campus as well as a mixture of uses. The proposed change in the Future Land Use Designation and Zoning will help attract large scale corporations and businesses to this property in order to fulfill the goals and City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:DCA17-0011b,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceregardingproposedrevisionstotheDenton DevelopmentCode,specificallytorepealandreplaceSubchapter17 EnvironmentallySensitiveAreas(ESAs), amendSubchapter3 Procedures relatedtoappeals,andamendSubchapter23 Definitions byaddingnewand replacingdefinitions.ThePlanningandZoningCommissionvoted 4-2 toapprovetherevisionswithconditions. (DCA17-0011,EnvironmentallySensitiveAreas,DeborahViera)THISITEMHASBEENPOSTPONEDTO THEAPRIL3,2018MEETING.ASTAFFREPORTWILLBEPROVIDEDWHENTHEITEMIS RESCHEDULED. City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-376,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,regardingamending the CityÓs Drainage Design Criteria Manual to update it; providing a severability clause and an effective date. City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/ DCM/ ACM: Mario Canizares DATE: March 20, 2018 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding amending the City’s Drainage Design Criteria Manual to update it; providing a severability clause and an effective date. BACKGROUND The purpose of this public hearing is to receive public input on the City’s proposed amendments to its Drainage Design Criteria Manual, discuss public input, provide direction to staff for any changes deemed necessary, and adopt an ordinance approving those amendments. To assist developers and their design engineers in preparing and submitting design plans for proposed developments, the City has prepared a number of Criteria Manuals to guide them in these efforts. These Manuals and the dates of their last updates are listed below. Water & Wastewater Criteria Manual Oct. 24, 2017 Construction Criteria Manual Feb. 20, 2002 Site Design Criteria Manual Feb. 2009 Solid Waste Design Criteria Manual Apr. 2009 Drainage Design Criteria Manual Jul. 26, 2013 Transportation Design Criteria Manual Jul. 26, 2013 City staff has under-taken the process of completing updates for these Manuals by the end of March 2018. The first of the updates involved the Water & Wastewater Design Criteria Manual since it was the oldest manual. The draft amendments were posted for public comment for 30 days on January 3, 2018, and presented to the Planning & Zoning Commission on January 24, 2018. Staff advised the Denton development community, via email to all development permit applicants registered in the City’s online eTRAKiT permit system, and the Denton Community Development Alliance (DCDA) membership, via email, of the proposed amendments and comment period. During the comment period, staff attended a workshop held by the DCDA for the Denton development community to explain proposed changes and listen to comments. Revisions to the amendments were made based on the comments received and then posted for another 7 day public comment period. During the final 7 day public comment period, the amendments were presented again to the Planning & Zoning Commission on March 7, 2018 for additional comment and recommendation of approval to City Council. Final revisions presented to City Council at this time were made based on all comments received. Staff believes they have resolved all issues raised by comments received and presents the Amended Manual (Exhibit “A” to the ordinance (Exhibit 3) to the Council for further public comment and Council consideration and approval. OPTIONS 1.Receive public input and approve the ordinance (Exhibit 3) amending the Drainage Design Criteria Manual. 2.Receive public input, direct staff to make changes to the proposed Amended Manual and return a modified Manual and ordinance for Council’s consideration. RECOMMENDATION Staff recommends option 1 – Receive public input and approve the ordinance (Exhibit 3) amending the Drainage Design Criteria Manual. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Presented to Planning & Zoning Commission for comment on January 24, 2018. Presented to Planning & Zoning Commission for comment and recommendation of approval to City th Council on March 7. STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 2.3 Promote superior utility services and City facilities EXHIBITS 1.AIS 2.Summary of Major Proposed Amendments to the Drainage Design Criteria Manual 3.Listing of Comments Received About the Drainage Design Criteria Manual and Responses 4.Ordinance Adopting Amended Drainage Design Criteria Manual (with amended Manual) 5.Presentation Respectfully submitted: Todd Estes, P.E. Director of Capital Projects / City Engineer Prepared by: Chad Allen, P.E., C.F.M. Deputy City Engineer City of Denton Stormwater Design Criteria Manual Update Draft 3 Jan. 3, 2018 The following is a summary of proposed changes to the Manual. The changes are documented using the MS Word Track Changes feature. The proposed changes have been made based in part on workshops with City staff, both in DRC and CIP. Proposed changes include: 1.The name of the manual has been changed from Drainage to Stormwater, so that it better reflects the comprehensive nature of the manual and to be more in keeping with other communities in the area. 2.The Denton Development Code (DDC) Subchapter 19 will be revised, primarily by removing detailed technical guidance and placing it intothe Design Criteria Manual. Changes will also be made to resolve discrepancies between the DDC and the Criteria Manual. 3.It is probably safe to say that there are no major changes to City of Denton stormwater policy in the update. Rather, the primary emphasis has been to clarify existing policy and make the requirements and the process easier to understand, both for staff and for the development community. A part of the thinking was to make sure that a developer coming from another area could easily find the relevant criteria and requirements, even those found in other documents. 4.The outline shows some new sections, primarily consolidation of floodplain criteria, easements and water quality. 5.The Introduction attempts to identify all the documents that are relevant to or supplemental to the Criteria Manual (1.1). 6.Several definitions have been added or slightly modified, including clarifications of words like channel and stream, fully developed conditions, positive overflow (moved from the DDC), and valley storage. 7.iSWM™ Streambank Protection has been added to the downstream conditions assessment (3.2.1). 8.A limit on the concentrated flow that can be discharged into a street from driveways, flumes, etc. has been set at 2 cfs. 9.One major proposed change is found in Section 3.6 Detention Facilities, and involves the use of detention facilities for recreational structures, along with limitations on that use. The limitations are intended to ensure the proper functioning of the detention facility and to promote the safe use of those facilities for recreational use. 10.Section 3.8 Floodplain is a new section, and mostly consists of information moved from DDC Subchapter 19. It does include a decision chart intended to help users identify key requirements. 11.Section 3.9 Easements and Fences is not intended to change any requirements, but to consolidate all the easement and fence requirements in one place. 12.Section 3.10 Water Quality has been added, though the requirements have not changed. It has actually just been added to the outline so it is easier to find. /źƷǤƚŅ5ĻƓƷƚƓ {ƷƚƩƒǞğƷĻƩ5ĻƭźŭƓ/ƩźƷĻƩźğağƓǒğƌ 5ĻǝĻƌƚƦƒĻƓƷ/ƚƒƒǒƓźƷǤ/ƚƒƒĻƓƷƭ 2/8/2018 {ĻĭƷźƚƓ/ƚƒƒĻƓƷƭwĻƭƦƚƓƭĻƭ HowisconflictbetweendesignengineerandreviewSeeSection1.2wheretheCityEngineermustapprove 1.2 1engineerresolved?anydeviationsfromthisManual. 21.1AddDDCdocumenttitlesDone ClarifywhichdocumenthassenioritySection1.1and1.2indicatethattheDDCisthe overarchingauthority,theCriteriaManualimplements 1.1 theDDC,andtheiSWMManualssupporttheCriteria 3Manual 4 2.0ClarifythatdefinitionsareforthismanualonlyDone valleystorage ChannelmaybemoreefficientresultinginlessstorageIrecommendnochangeinthe preservationrequirements.Amoreefficientchannel duetolowerWSE.Whatifstorageisstillavailableafter typicallyhashighervelocities,whichaffectsstreambank imoprovements?IsBFEofexistingorproposed protection.Thelossofvalleystoragehasadirect conditions? impactonpeakflowsdownstream.Theiterativeprocess neededtodeterminetheimpactsoflossofvalley storageisnotoftenundertaken.Ifeellikeallowingloss ofvalleystoragebenefitsaparticularpropertyowner, butcanhaveanadverseimpactonproperties downstream,andtheCodeallowsnoadverseimpact. 2.0 Sinceeveryinstanceofallowablefloodplain modificationincludesanoadverseimpactprovision, andnearlyeveryinstancerequiresavariance,a lossofvalley developercoulddemonstratethatthe storagehasnoadverseimpactonotherpropertiesas partofthevarianceprocess.Storageisbasedonthe BFE,definedastheexistingconditionswatersurface. 5 methodfor Table3.1ConsideruseofotherhydrologicmethodsforAddedtheSCSmethodasanallowable 3.1.1 6gutterandinletdesign gutterflowandinlets DoesTable3.2conflictwithTable3.1?ConflictresolvedbyallowingtheSCSmethodforgutter 3.1.1 7 andinletdesign. 8 3.1.1Isfootnote2usedcorrectly?Footnote2isonlyacaution fordownstreamanalysis,notfor DiscussionabouttheuseoffulldevelopmentconditionsThissectionisintended detentionconsiderations.Theintentistodetermine forpredevelopmentanalysis theimpactofthedevelopmentrelativetoafully 3.2 developedbasin.Irecommendnochangehere. 9 Arethequestionsraisedrelevant,sincedevelopmentVelocityincreasesdownstreamarenotagiven,andthe 3.2causesincreasesinvolumeandvelocitydownstream?questionsleadtothenecessaryanalysisofStreambank 10ProtectionandFloodMitigation Acquisitionofdownstreameasementcanbedifficult,orTheintentofthisparagraphisthatwhendownstream evenimpossibleimprovmentsareneeded,aneasementmustbe acquired.Thereisnovestedrighttomakedownstream propertieswithouteasements. 3.2.1improvementsonother Ifaneasementcannotbeobtained,thenothermeansof mitigationareavailable,includingdetention. 11 ShouldfloodmitigationreviewincludethethreestormCorrectedfloodmitigationshouldonlyaddressthe 3.2.2.1 12 eventslisted?floodmitigationstormevent(100year). DownstreameasementscanbedifficulttoacquireSeequestion11 3.2.2.2 13 IstheupstreamdeveloperresponsiblefordownstreamYes.Thisisnecessarytoavoidincrementallyimpacting improvementsforultimateconditions?downstreampropertieswithmultipleprojects,and 3.2.2.2 ensuresadevelopmenthasaddressedit'simpactswith 14 respecttothewhole. 15the25yearstorm?No,itisthefloodmitigationstorm(100year) 3.2.2.2Isthissectionfor Howdoesthisoptionwork,giventhatdevelopmentOption2requiresimprovements(onsiteoroffsite)that increasesflowwithoutdetention.maintainexistingdownstreamconditions,basedona downstreamassessment.Option3requires improvementstomaintainexistingdischargesfromthe site,andgenerallydoesnotrequireadownstream 3.2.2.2 assessmentunlessitistoconsiderthepossibleeffects ofcoincidentpeaks.Option3generallydoesnot considerthedownstreamimpacts. 16 DefinethetermhabitatprotectionThistermhasbeeneliminated,sinceitisreallya functionofanotherportionoftheDentonDevelopment Code(Subchapter17)andrelateddocuments. 3.3.1 17 ClarifythevalleycrossingrequirementThissectionhasbeenrevisedandclarified.Valley guttersareallowedonbothsidesoftheintersection,as themeasuresneededtolimitthemtoonesideare 3.3.2.B.1.c difficulttoimplement.Novalleyguttersshouldbe orabove. permittedacrosscollectors 18 Whatifotherfacilitiesarenotavailable?OneroustoThissectionhasbeenrevisedtoindicatea3cfslimit. smalllots.Smallsitecouldbe6cfs.Theintentisthatadischargegreaterthan3cfsrequires detentionoranundergroundsystem.Theconcernis 3.3.2.B.1.h flowoutintothestreetthatimpacts dischargingexcess vehiclesbyexceedingtheallowableflowwidths. 19 Whatistheintentofthisrequirement?Theintentistoensurethatwaterflowingswiftlydowna streettoa"T"intersectionorsharpturndoesnot 3.3.2.C.2 turn. overflowintothelotbutcanmakethenecessary 20 AtwhichpointalongthestreetshouldtheRevisedtoindicatethemidpointofthelotisthepoint 3.3.2.C.4measurementtothefinishfloorelevationbemade?ofreference. 21 Gutterorvalley?Table3.5isonlyforvalleygutterflow.Gutterflowcan Thislikelyrequiresan betocurbdepthperTable3.4. 3.3.2.B.3 inletupstreamofavalleygutter. 22 ClarifythatgrateinletsareonlyprohibitedonpublicGrateinletsuseisclarified.Aredundantprovisionin 3.3.2.D.1 23 streets,notprivatedevelopmentsSection2isremoved. 24 3.3.2.D.2.dClarifyrequiredinletlocationsThissectionhasbeenrevisedtoclarifytheintent 25parkinglotsorstreets?Theseprovisionsaregenerallyforpublicstreets. 3.3.2.D.2Requirmentsfor 263.3.2.D.2Requirmentsforparkinglotsorstreets?Theseprovisionsaregenerallyforpublicstreets. 273.3.2.D.2.oIdentifydesignrequirementsforoverflowTheoverflowshouldconveythe25yearstorm. CancomputerprintoutsbeusedforthecalulationYes,iftheyprovidetherequiredinformation. 3.3.2.D 28tables? Reconsiderrequirementthatflowslessthan300cfsbeTheCity'smainconcernhereistheprobabilityofthe inastormdrainCityeventuallyhavingtomaintainachannelonsite. Theactualintentistoallowanythinggreaterthan300 3.3.2.E.2.a Thisappliesonly cfstobeconveyedinanopensystem. topublicstormsystems. 29 ClarifywhatisintendedfortheconnectionbetweenThissectionhasbeenclarifiedtoallowseveralpossible 3.3.2.E.2.h 30 privateandpublicstormdrainsoptionsfortheconnection. ReconsiderorclarifytheprohibitionofinletsservingasTheconcernisthatshouldtheinletbepluggedforsome entiresystemupstreamisunableto junctionboxes.reason,the 3.3.2.E.2.i function.Stormdrainsparalleltothestreetmaynot 31 runthroughinlets. Clarifythepondinglimitonparkinglots,furtherClarifiedtoshowtheparkingisnotdetention,and alsocomment19. discussionofthe2cfslimitfordischargefromdrivewayslimitingthedepthofponding,see 3.3.2.F Theintentisthatthe3cfsdischargelimitisper 32 drivewayorflume. WhynotallowUltraFlowpipefordrivewayculverts?TheCityhasdeterminedthatforlongevity,strengthand be Canboxculvertsbedirectdrive?maintenance,allculvertsinpublicrightofwaywill reinforcedconcretepipe.Directdriveboxculverts 3.3.2.G.2 couldbeconsideredonacasebycasebasisbytheCity 33Engineer. OpenChannelvs.NaturalChannel?Allopenchannels,whethernaturalorimproved,shall 3.3.3.B 34 bedesignedforthe100yearstorm. channels,natural NaturalorEarthen(Urban,Rural,Forest)?Earthenchannelsareimproved 3.3.3.B 35 channelsareundisturbed. WhatifexistingvelocityexceedstheallowableforaSeeSection3.2.1,whereitisindicatedthatifexisting naturalstream?velocitiesexceedthemaximumallowablevelocities,no Table3.10 increaseinvelocitywillbepermitted. 36 37 Samequestionas36Seeresponse36 easementrequiredoutsideDamageduetodebriscouldextendtothefloodplain Whyisa15'maintenance the100yearfloodplainlimit,sincemaintenancewillnotlimit,limitingaccesswithouttheeasement. Maintenancecouldbeneededinanaturalstreamto bedoneduringa100yearstorm?Whyismaintenance removeblockages,etc.HOAmaintainedchannelsstill accessrequiredalongnaturalstreamsandHOA requiremaintenanceandthusamaintenancearea.The maintainedchannels? easementallows(butdoesnotobligate)theCitytostep iniftheHOAdoesnotdomaintenanceneccessaryto preventflooding. 38 MaintenanceaccessrequirmentsredundantsimplifySectionsimplified,redundanciesremoved. 3.3.5 39 designdetentionforstormsotherthanthefloodTheotherthreestormsaresmallerbutmorefrequent. Why mitigationstorm?Itisnecessarytoensurethepondprovidesdetention underarangeofstormevents. 40 ConsolidaterquirementsforprivateandpublicCurrentlyprivatepondsrequirea10'unobstructed thepond,whilepublicpondsrequirea detentionpondsaccessaround 3.6.A.3 20'accessaroundit.Veryfewpondsareacceptedfor 41publicmaintenance. Couldstepsbeusedforaccesstoponds?AretheyIdon'tseeanexceptionintheTexasAccessibility Isuggestthat subjecttoADArequirements?Standardsforthisuseoranythinglikeit. ifanythingisplacedinthepondthatfacilitatesuse (picnictables,playgroundequipment,ballfieldsor 3.6.B.20.a courts)thatanaccessibleroutebeincluded.Ifthe enhancementsareonlylandscaping,noaccessibleroute berequired.Stairscouldbeusedineitherinstance. 42 Trees,bushes,etc.drainintodetentionpondsanyway.Leavesthatfallintothepondhavenowhereelsetogo Whyaddatrashrackfortreesinthepond?buttotheoutletstructure.Leavesthatfalloutsidethe ponddonotnecessarilyendupinthepond.Thetrash rackistopreventcloggingoftheoutletfromleavesand 3.6.B.20.g debristhatwillcertainlyendupthere.Itwouldbe bettertorequiretrashracksonallpondsthanto eliminatethembecauseoftreesinthepond. 43 Drivewaydischargelimits?Surfacedischargefromdetentionfacilitiesintopublic streetswouldbesubjecttothe2cfsdischargelimit. 3.6.1 44 DiscussstreamhabitatDevelopedandundevelopedfloodplainsaredefinedin theDentonDevelopmentCode(Subchapter17)but 3.8.1 theyimpacttherequirementsforfillinthefloodplain, soarereferencedhere 45 hereistorequireexceptionstobeapproved ThissectionusesazoningvarianceprocessforaTheintent 3.8.1 bytheP&Z,notthestafflevel. subdivisionprocess 46 Why15%valleystoragelossforminorstreams?The15%lossisconsideredareasonableconcessionto allowforsomefloodplainreclamationwithoutmajor 3.8.1 downstreamimpact. 47 Streambuffersareuniform,notrelatedtothenonThestreambuffersarefoundinDDCSubchapter17. uniformreality.Theyareintendedasatooltoprotectthestream 3.8.1habitat.Itwouldbealogisticaldifficultytorequirean assessmentandvarythestreambufferforeachspecific 48 site. Thissectionhasbeeneliminated. Isthissectionneeded,andifso,whatdoesit 3.8.4.A 49accomplish? Anydrainageeasement?Theintentofthemanualisthatfencesareprohibited fromalldrainageeasements,exceptthosethatcontain 3.9 anundergroundstormdrainsystem. 50 51 3.9Areparkinglotsallowedindrainageeasements?Inlimitedcases. waterqualityissue.Therewasnotintentto Canbeacombinedsystemnow,whychange?Thisisa changethecurrentpolicy.Iunderstandthatcurrenlty, theWQvcanbeinthesamepond,buttheWQvvolume 3.10.1 isaddedtothedetentionvolume. 52 Othercomments ZoneX(shaded)shouldbetreatedlikeZoneA,and ZoneX(shaded)shouldnotbetreatedasZoneAwith ConsiderallowingafloodstudyrequireaCLOMR/LOMRformodification.Thisisa regardtomapchanges. toestablishBFE'sandseteasementlimts,butwithouthigherstandardthanFEMArequires.However,FEMA requiringtheFEMALOMRprocess.doesrecognizeaZoneX(shaded)asafloodhazardarea andshowsitontheirFIRMmaps.Keepingthemaps currentisarequirementofFIS,andpartofgood 3.8.2 floodplainmanagement.Thissectionhasbeenrevised tolisttheFEMAfloodzonesthatapply.FEMAis currentlytrendingtowardconvertingZoneX(shaded)to ZoneA. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-430,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,regardingamending theCityÓsTransportationDesignCriteriaManualtoupdateit;providingaseverabilityclauseandaneffective date. City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/ DCM/ ACM: Mario Canizares DATE: March 20, 2018 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding amending the City’s Transportation Design Criteria Manual to update it; providing a severability clause and an effective date. BACKGROUND The purpose of this public hearing is to receive public input on the City’s proposed amendments to its Transportation Design Criteria Manual, discuss public input, provide direction to staff for any changes deemed necessary, and adopt an ordinance approving those amendments. To assist developers and their design engineers in preparing and submitting design plans for proposed developments, the City has prepared a number of Criteria Manuals to guide them in these efforts. These Manuals and the dates of their last updates are listed below. Water & Wastewater Criteria Manual Oct. 24, 2017 Construction Criteria Manual Feb. 20, 2002 Site Design Criteria Manual Feb. 2009 Solid Waste Design Criteria Manual Apr. 2009 Drainage Design Criteria Manual Jul. 26, 2013 Transportation Design Criteria Manual Jul. 26, 2013 City staff has under-taken the process of completing updates for these Manuals by the end of March 2018. The first of the updates involved the Water & Wastewater Design Criteria Manual since it was the oldest manual. The draft amendments were posted for public comment for 30 days on January 3, 2018, and presented to the Planning & Zoning Commission on January 24, 2018. Staff advised the Denton development community, via email to all development permit applicants registered in the City’s online eTRAKiT permit system, and the Denton Community Development Alliance (DCDA) membership, via email, of the proposed amendments and comment period. During the comment period, staff attended a workshop held by the DCDA for the Denton development community to explain proposed changes and listen to comments. Revisions to the amendments were made based on the comments received and then posted for another 7 day public comment period. During the final 7 day public comment period, the amendments were presented again to the Planning & Zoning Commission on March 7, 2018 for additional comment and recommendation of approval to City Council. Final revisions presented to City Council at this time were made based on all comments received. Staff believes they have resolved all issues raised by comments received and presents the Amended Manual (Exhibit “A” to the ordinance (Exhibit 3) to the Council for further public comment and Council consideration and approval. OPTIONS 1.Receive public input and approve the ordinance (Exhibit 3) amending the Transportation Design Criteria Manual. 2.Receive public input, direct staff to make changes to the proposed Amended Manual and return a modified Manual and ordinance for Council’s consideration. RECOMMENDATION Staff recommends option 1 – Receive public input and approve the ordinance (Exhibit 3) amending the Transportation Design Criteria Manual. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Presented to Planning & Zoning Commission for comment on January 24, 2018. Presented to Planning & Zoning Commission for comment and recommendation of approval to City th Council on March 7. STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 2.3 Promote superior utility services and City facilities EXHIBITS 1.AIS 2.Summary of Major Proposed Amendments to the Transportation Design Criteria Manual 3.Listing of Comments Received About the Transportation Design Criteria Manual and Responses 4.Ordinance Adopting Amended Transportation Design Criteria Manual (with amended Manual) 5.Presentation Respectfully submitted: Todd Estes, P.E. Director of Capital Projects / City Engineer Prepared by: Pritam Deshmukh, P.E. Senior Engineer - Traffic City of Denton Transportation Design Criteria Manual Update Draft 2 January 3, 2018 The following list the major changes to the City of Denton Transportation Design Criteria Manual: 1)Revised the Street Classifications. 2)Developed a new outline for each section of the manual. 3)Prepared new geometric street standards and street sections. 4)Incorporated the Complete Street and Context Sensitive method of street design. 5)Added Vertical Curve standards. 6)Added Cul-de-sac street grade standards. 7)Added section on Ride Quality. 8)Added Sight Visibility standards at intersections. 9)Revised Turn Lane standards and added intersection standards. 10)Added Median Opening standard. 11)Added General Guidance for Roundabouts. 12)Included City Council approved Perimeter Street guidelines. 13)Revised the Traffic Impact Analysis Section. 14)Added driveway approach standards at intersections. 15)Added figures for driveway approach design. 16)Added an Access Management section. 17)Revised the pavement design standards. 18)Deleted the section on private parking lots 19)Expanded the section on Pedestrian and Bicycle Design standards. 20)Expanded the section on Transit Facility Design. 21)Deleted Appendix A 22)Deleted Appendix B MEMORANDUM Date: 02/14/2018 To: Todd Estes, P.E. From: Denton Community Development Alliance RE: Comments Regarding the Second Draft - Water and Wastewater Design Criteria Manual Major Proposed Amendments Mr. Estes, The Denton Community Development Alliance (DCDA) extends our sincere appreciation to the City staff for their efforts to correct, update and improve the development standards for the City of Denton. We certainly hope that such improvements will facilitate quality development and quality of life for all residing, working and visiting Denton. We have reviewed the recent revisions and have the few remaining comments. Comments Page 3 1 – Content – CIP/Maintenance/Scheduling 2 – When does “liability” for design engineer take over? Page 4 3 – Streets are being classified based upon land use (apartments – 12 units) and not traffic volumes 4 – City traffic engineer discretion/surprises Page 5 5 – Streets in Denton are over classified. Not sufficient streets w/ parking Page 6 6 – Map of City Wide “determined” pedestrian/bike and Senior Mobility paths is needed (Motorized carts) Page 7 6a – 20’ Lanes/16’ Parking/1’ C&G = 37’ Page 9 7 – Too short – Pick min of 600 feet or fire code Page 11 8 – Where does Ride Quality apply? 9 – Comma separators on 1,000 Page 12 10 – Should return radius be tied to # of lanes as well? -Consider return radius when a right turn is involved -Radius when double right turn lane Page 1 of 4 Q:\\PROJECTS\\DEN17277\\Transportation\\Submittals\\DevelopmentCommitteeReview\\20180214DCDA Comments.doc 10a – Is vision clearance area the same as Right of Way clip? Page 14 11 – Difficult to apply in redevelopment and infill areas 12 – This along with most other infill items justify a special meeting (at pre-design) to establish design parameters for a particular street, i.e. Jannie Street. Page 17 13 – Raided or Raised? 14 – Bicycle Crossing Page 19 15 – As indicated previously, a special transportation design parameter meeting is needed. It could occur immediately after the pre-design meeting (in another room). Try not to stretch out the development schedule, i.e. Justice Plaza. Page 20 16 – Not fond of Except on long stretched of road much > 1,200 LF. Are stop signs traffic calming? Page 23 17 – Commercial/Downtown needs parking; Universities need parking; consider a local downtown/university section 18 – 8’ shown on sections Page 25 19 – 25’ min. is appropriate for necessary ___________ on vacant property - 25’ on existing pavement is inequitable. It appears to be focused on getting developer to pay for city improvements and not on a proper street. - CIP should be considered. Avoid a patchwork quilt of sections, deign life, remaining life - Impact Fee Credits are a cost to developer (lost opportunity) - Complete street and context principles should be applied in conjunction with CIP/Maintenance/Remaining Life/Infills/etc. Sometimes an overly with widening may be more life ___ efficient. Page 28 20 – Provide CoD Traffic Model to developer and establish a reasonable level of effort to provide data that can be used to update model. 21 – TGA meeting folded in with Pre-Design Meeting/Transportation meeting. No not stretching out developer schedule 22 – CIP required, any access to TxDOT roadway – limit 23 – Who provides the current zoning ETU’s? Where can they be found? 24 – Observed conditions seem arbitrary. However TIA will establish LOS. Page 29 25 – Are specific requirements absolute or can they be modified for site specific situations. Page 30 26 – On track synchronize with Pre-Development/Zoning/Preliminary Plat/Final Plat/etc. Page 31 27 – Should this be an introduction or does it apply to only to this section? Page 32 28 – Many situation where 24’ is sufficient, Dr Office, Professional Office, etc. Please include a 24’ min for site not requiring tractor/trailer access - Coordinate with fire lane radius. Typically city street exceeds 20’ min fire lane. Page 2 of 4 Page 33 29 – No all commercial sites really need a stop sign? Consider omitting for single site approach w/ less than 50 parking spaces? - Graphic is for a commercial drive less than 30’ Page 34 30 - >30’ Page 35 31 – When is permission determined? Only assured drives are alley and flag. This will be a standard question on all future Pre-Development Application from AEG. Page 38 32 – See stop sign comment. Consider 1 drive/<100 spaces 33 – How does this work with sidewalks? Page 39 34 – S.E. should not affect developers’ ability to meet right design requirements. LS – Street, trees, etc.; Curb Ramps on Commercial; How will home builders know? Page 40 35 – This should be an overriding objective of DDC/TCA’s. 36 – RTJ – Denton County issues permits Page 41 37 – Some TxDOT roads are more like commercial collectors, etc. 38 – Table says access is not permitted Page 42 39 – Comma separator on 1,000 Page 43 40 – What is a variance versus a Director of Engineering determination? Table says no access unless permitted. Does this require a variance for all drives or a Director of Engineering determination? 41 – This sounds like zoning _______ by it appropriate for a drive access variable? Needs more thought. Page 45 41a – Should be are not area 42 – Makes sense for new complete sections of pavement from intersection to intersection or stretches > 1,200 LF.; Does not make sense for a piece meal approach to road reconstruction. Page 46 43 – Can Geotech ____________ SN for __________and filter fabric when determining SN for full pavement depth?? 44 – Is Geotech required N.M.W? Use standard sections w/o Geotech? Page 47 45 – Why not same as from ROW? Consider LS/Street Trees/etc. 46 – These plans should guide decisions regarding Ped/Bike 47 – Do not forget FHA. Page 48 48 – Developer should only be responsible for improvements directly in front of his site or proportional to impact, Impact Fee eligible 49 – Bicycle Parking Required – DDC; Bicycle Parking #/Stds, etc. – TCM; Parking Credits? 50 – Where do Benches come in? Bus Stops? Not recreational 51 – DME needs to provide site standards. This may require unusable sidewalk easements. What is impact on site design requirements? Page 3 of 4 Page 49 52 – Development on one side of street? 53 – What if screening wall is adjacent to ROW? This could mean giving up another 2 feet of property Page 50 54 – Bus stops typically serve a much larger area than the development. Bus Stops may require additional ROW from developer for other public impacts such as DME, __, SW, etc. Page 51 55 – Is this where benches should be addressed? Thank you Lee Allison, P.E., FNSPE DCDA Page 4 of 4 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-386,Version:1 AGENDA CAPTION Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, adopting Standards of Care for Youth/Teen Programs administered by DentonÓs Parks and Recreation Department pursuant to Texas Human Resources Code Section 42.041 (b) (14); and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0). City of DentonPage 1 of 1Printed on 3/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation CM/ DCM/ ACM: Bryan Langley DATE: March 20, 2018 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, adopting pursuant to Texas Human Resources Code Section 42.041 (b) (14); and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0). BACKGROUND The Texas Department of Regulatory Services requires municipalities to adopt an ordinance approving a Standards of Care for specific types of programming. The Standards of Care are requirements that either meet or exceed the current State Day Care requirements and are intended to be minimum standards by which the City of Denton Parks and Recreation Department (PARD) will operate its Youth/Teen Programs. The programs operated by PARD under the Standards of Care are recreational in nature and are not day care programs. Senate Bill 212 was approved by the Texas Legislature during the 74th Legislative Session exempting recreation programs from day care licensing as long as a Standards of Care is adopted. In order to be exempt, an elementary-age (ages 5-13) recreation program may be operated by the municipality provided: the governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs, that such standards are provided to the parents of each program participant, and that the ordinances shall include, at a minimum, staffing ratios, minimum staff qualifications, minimum facility, health and safety standards, and mechanisms for monitoring and enforcing the adopted local standards; and further provided that parents be informed that the program is not licensed by the state and the program may not be advertised as a child care facility. The first Standards of Care was adopted by the City Council through Ordinance 99-365. The State changed the exemption certification to include the adoption of a new ordinance each year for the Standards of Care in order to maintain the exemption status. Each year PARD makes revisions and updates to the original Standards of Care. Changes to the 2018-19 Standards of Care were presented to the Park Board on February 5, 2018. The following update was made to the 2018-19 Standards of Care and is listed below: 1. Due to staff changes contact names and phone numbers were updated. The Parks, Recreation and Beautification Board reviewed and unanimously recommended the City Council adopt the Standards of Care on February 5, 2018. RECOMMENDATION Staff recommends the City Council approve the proposed ordinance as presented. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council approved the 2017-18 Standards of Care on April 18, 2017 by Ordinance 2017-130. The Parks, Recreation and Beautification Board reviewed the proposed 2018-19 Standards of Care on February 5, 2018, and recommended approval with a vote of 6-0. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.1 Enhance public safety in the community EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Exhibit 3 2018-19 Standards of Care Respectfully submitted: Laura Behrens Interim Director, Parks and Recreation Prepared by: Caroline Seward Program Area Manager Exhibit2 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING STANDARDS OF CARE FOR YOUTH/TEEN RECREATION DEPARTMENT PURSUANT TO TEXAS HUMAN RESOURCES CODE SECTION 42.041 (b)(14); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, recognizes that many children of school age need an organized program for recreational activities after the end of the school day and for other non- school days; and WHEREAS, the City of Denton, Texas, through its Park and Recreation Department, proposes to operate After School Programs and Summer Camps for children to be operated at City Recreational Centers and schools of the Denton Independent School District; and WHEREAS, the City of Denton, Texas, needs to adopt Standards of Care for these recreational programs so licensing as a day care facility will not be necessary; and WHEREAS, Pursuant to the Texas Human Resources Code, Section 42.041(b)(14), the City of Denton, Texas, has formulated a Standards of Care that at a minimum includes staffing ratios, minimum staff qualifications, minimum facility, health and safety standards, and mechanisms for monitoring, and enforcing the local standards; and further provides for notifying parents that the program is not licensed by the state and that the program may not be advertised as a day care facility; and WHEREAS, on _______day of __________________, 2018, the City of Denton held a public hearing on the above Standards of Care as required by Section 42 041 (b)(14) of the Texas Human Resources Code; NOW, THEREFORE, THE COUNCIL OF THE CITY DENTON HEREBY ORDAINS: SECTION 1. The City of Denton, Texas, adopts the Standards of Care for Youth/Teen for word pursuant to Section 42.041 (b)(14), Texas Human Resources Code. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of _______________________, 2018. ______________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: _________________________________ Page 2 Exhibit3 City of Denton Parks & Recreation Department City of Denton Parks and Recreation Standards of Care 2018-2019 1 TABLE OF CONTENTS Standards of Care General Administration 3 Organization 3 Definitions 4 Inspections 4 Enrollment 5 Suspected Abuse 6 Staffing - Responsibilities and Training 6 Youth/Teen/Center Supervisor Qualifications 6 Supervisor 6 Coordinator 7 Program Coordinator 7 Program Specialist & Leader Qualifications 7 Specialist and Leader Responsibilities 8 Training/Orientation 8 Operations 9 Staff-Participant Ratio 9 Discipline 9 Programming 9 Communication 10 Transportation 10 Facility Standards 11 Safety 11 Fire 11 Health 12 Toilet Facilities 13 Sanitation 13 *Programs include: After School Action Site, King Kids Camp, Camp Voyage, Camp Exploration, Super Kids, Spring Break Camps, and Teen Camps Any questions related to Standards of Care should be addressed to the Youth/Teen Recreation Supervisor at 940-349-8730. 2 CITY OF DENTON PARKS AND RECREATION STANDARDS OF CARE The following Standards of Care have been adopted by the City Council of the City of Denton, Texas in order to comply with Senate Bill 212 as approved by the Texas Legislature during the 74th legislative session. The Standards of Care are intended to be minimum standards by which the City Programs. The programs listed in this Standards of Care are recreational in nature and are not licensed day care programs. programs are exempt from licensing under Texas Administrative Code 745.115(3). GENERAL ADMINISTRATION 1. Organization A. The governing body of the City of Denton Parks and Recreation Programs is the City of Denton City Council. B. Implementation of the Youth/Teen Programs Standards of Care is the responsibility of the Parks and Recreation Department Director and Departmental employees. C. Youth/Teen After School Action Site, Holiday Break Camps, Spring Break Camps, Kids Day Off, King Kids Camp, Camp Voyage, Camp Exploration, Super Kids, and Teen Summer Camp programs. D. Each Youth/Teen Program site will have available for public and staff review a current copy of the Standards of Care. E. Parents of participants will be provided the website address of where a current copy of the Standards of Care is located. F. Criminal background checks will be conducted on prospective staff. No person with conviction or who is under indictment for, or is the subject of an official criminal complaint alleging violation of any of the crimes listed in the Texas Department of Guidelines Appendix II as same may be amended or a felony violation of the Texas Controlled Substance Act may be present while children are in care. An example of current Appendix II is attached as Exhibit A. 3 2.Definitions A. City: City of Denton. B. City Council: City Council of the City of Denton. C. Department: Parks and Recreation Department of the City of Denton. D. Youth/Teen Programs or Program: City of Denton Youth/Teen Programs consisting of After School Action Site, Holiday Break Camps, Spring Break Camps, Kids Day Off, King Kids Camp, Camp Voyage, Camp Exploration, Super Kids, and Teen Summer Camp programs. E. Program Manual: Notebook of policies, procedures, required forms, and organizational and programming information relevant to City of Denton Programs. F. Director: City of Denton Parks and Recreation Department Director or his or her designee. G. Program Manager: City of Denton Parks and Recreation Department full-time Manager who has been assigned administrative responsibility for City of Denton Camp Programs. H Youth/Teen Supervisor or Center Supervisor: City of Denton Parks and Recreation Department full-time employee who has been assigned responsibility to implement Youth/Teen Programs. I. Program Site: Area and facilities where City of Denton Youth/Teen Programs are held consisting of Civic Center, Martin Luther King Recreation Center, Denia Recreation Center, North Lakes Recreation Center, and McMath Middle School. J. Participant: A youth/teen whose parent(s) have completed all required registration procedures and determined to be eligible for a City of Denton Youth/Teen Program. K. Parent(s): This term will be used to represent one or both parent(s) or adults who have legal custody and authority to enroll their child(ren)/teen(s) in City of Denton Youth/Teen Programs. L. Employee(s) or Staff: Term used to describe people who have been hired to work for the City of Denton and have assigned responsibility for managing, administering, or implementing some portion of the City of Denton Youth/Teen Programs. 3. Inspections/Monitoring/Enforcement A. A monthly inspection report will be initiated by the Supervisor or Coordinator of each Program to confirm the Standards of Care are being adhered to. 4 (1)Inspection reports will be sent to the Program Manager for review and kept on record for at least two (2) years. (2) The Program Manager will review the report and establish deadlines and criteria for compliance with the Standards of Care. B. The Supervisor will make visual inspections of the Program based on the following schedule: (1) Each After School Program site will be inspected bimonthly; (2) The Holiday & Spring Break Camp Program will be inspected once during its holiday schedule; and (3) Camp Exploration, Camp Voyage, King Kids Camp, and Super Kids will be inspected twice during the summer break. (4) Teen Camp Program will be inspected once during the summer break; (5) The Kids Day Off will be inspected two (2) times a year; C. Complaints regarding enforcement of the Standards of Care will be directed to the Supervisor. The Supervisor will be responsible to take the necessary steps to resolve the problems. Complaints regarding enforcement of the Standards of Care and their resolution will be recorded by the Coordinator or Specialist. Serious complaints regarding enforcement of the Standards of Care will be addressed by the Program Manager and the complaint and resolution will be noted. D. The Program Manager will make an annual report on the overall status of the Youth/Teen Programs and their operation relative to compliance with the Standards of Care. This shall be provided to City Council upon request. 4. Enrollment A. Before a child can be enrolled, a parent must sign registration forms that contain (1) name, address, home telephone number, email address; (2) name and address of parents and telephone number during Program hours; (3) the names of people to whom the child can be released; (4) (5) emergency medical authorization; (6) proof of residency when appropriate; and 5 (7) a Release of Liability Waiver or caregiver. 5. Suspected Abuse Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. STAFFING - RESPONSIBILITIES AND TRAINING 6. Youth/Teen or Center A. Supervisor will be full-time, professional employees of the City of Denton Parks and Recreation Department and will be required to have all Program Leader or Coordinator qualifications as outlined in Section 10 of the document. B. Supervisor must be at least twenty-one (21) years old. C. Supervisor University or at least five (5) years of direct supervision of recreational activities related to children ages 4-15 years of age. Acceptable degrees include: (1) Recreation Administration or General Recreation; (2) Physical Education; and (3) any other comparable degree plan that would lend itself to working in a public recreation environment. D. Supervisor must have five (5) years of experience in planning and implementing recreational activities. E. Supervisor must pass a background investigation including testing for illegal substances. F. Supervisor must have successfully completed a course in first aid and Cardio Pulmonary Resuscitation (CPR) based on either American Heart Association or American Red Cross standards. Supervisor must also complete a course in Defensive Driving. G. Supervisor must complete ten (10) hours of child care training per calendar year. 7. Supervisorities A. Supervisors are responsible for administering the Programs daily operations in compliance with the adopted Standards of Care provided herein. 6 B. Supervisors are responsible for hiring, supervising, and evaluating Specialist, Coordinators and Leaders. C. Supervisors are responsible for planning, implementing, and evaluating programs. 8. Program A. Coordinator will be full-time, professional employees of the City of Denton Parks and Recreation Department and will be required to have all Program Leader or Specialist qualifications as outlined in Section 10 of the document except for section 10A. B. Coordinator must have two (2) years of experience in planning and implementing recreational activities. C. Coordinators must complete eight (8) hours of child care training per calendar year. Training must be completed prior to their start date of child care programs and completed on an annual basis. 9. Coordinator Responsibilities A. Coordinators are responsible for assisting in the administration of the Programs daily operations in compliance with the adopted Standards of Care. B. Coordinators are responsible for assisting in the recommendation for hiring, supervising, and evaluating Specialist and Leaders. C. Coordinators are responsible for assisting in the planning, implementing, and evaluating programs. D. Coordinators will be required to provide all Program Leader or Specialist with their responsibilities as outlined in Section 11 of the document. 10. A. Specialists and Leaders will be part-time or temporary employees of the Parks and Recreation Department. B. Specialists and Leaders working with children must be age 18 or older. C. Specialists and Leaders should be able to consistently exhibit competency, good judgment, and self-control when working with children. D. Specialists and Leaders must relate to children with courtesy, respect, tolerance, and patience. 7 E. Specialists and Leaders must have successfully completed a course in first aid, CPR, and AED training based on either American Heart Association or American Red Cross standards. An exception can be made for no more than one staff person at each site, and that person shall successfully complete a first aid and CPR course within four weeks of starting work. F. Specialists and Leaders must pass a background investigation including testing for illegal substances. G. Specialists and Leaders must complete 8 hours of child care training per calendar year. Training must be completed prior to their start date of child care programs and completed on an annual basis. 11. Specialists and Leader Responsibilities A. Specialists and Leaders will be responsible to provide participants with an environment in which they can feel safe, can enjoy wholesome recreation activities, and can participate in appropriate social opportunities with their peers. B. Specialists and Leaders will be responsible to know and follow all City, Departmental, and Program standards, policies, and procedures that apply to City of Denton Youth/Teen Programs. C. Specialists and Leaders must ensure that participants are released only to a parent or an adult designated by the parent. All Program sites will have a copy of the Department approved plan to verify the identity of a person authorized to pick up a participant if that person is not known to the Specialist and Leader. 12. Training/Orientation A. The Department is responsible for providing training and orientation to Program Employees in working with children and for specific job responsibilities. Supervisors will provide each Coordinator, Specialist, and Leader with a Program manual specific to each Youth/Teen Program. On-line child care training may be completed in lieu of departmental training for 3 hours of the required 8 hours per year. B. Program employees must be familiar with the Standards of Care for Youth/Teen Program operation as adopted by the City Council. C. discipline, guidance, and release of participants as outlined in the Program Manual. D. Program employees will be trained in utilizing appropriate procedures to handle emergencies. 8 E.Program employees will be trained in areas including City, Departmental, and Program policies and procedures, provision of recreation activities, safety issues, child development, and organization. F. Program employees will be required to sign an acknowledgment that they received the required training. OPERATIONS 13. Staff-Participant Ratio A. In a City of Denton Youth/Teen Program, the standard ratio of participants to Leaders will be 17 to 1. In the event a Leader is unable to report to the Program site, a replacement will be assigned. B. Each participant shall have a Program employee who is responsible for him or her as ent(s) during the registration process. 14. Discipline A. Program employees will implement discipline and guidance in a consistent manner based on the best interests of Program participants. B. There must be no cruel or harsh punishment or treatment. C. Program employees may use brief, supervised separation from the group if necessary. D. As necessary, Program employees will initiate discipline reports to the parent(s) of participants. Parents will be asked to sign discipline reports to indicate they have been advised about specific problems or incidents. E. A sufficient number and/or severe nature of discipline reports as detailed in the Program Manual may result in participant being suspended from the Program. F. In instances where there is a danger to participants or staff, offending participants will be removed from the Program site as soon as possible. 15. Programming A. Program employees will attempt to provide activities for each group according to the ties. The activities must be appropriate to -being. The activities also must be flexible and B. Program employees will attempt to provide that indoor and outdoor times, which include: 9 (1) alternating active and passive activities; (2) opportunity for individual and group activities; and (3) outdoor time each day weather permits. C. safety on field trips and during any transportation provided under the Program. (1) During trips, Program employees supervising participants must have immediate access to emergency medical forms and emergency contact information for each participant. (2) Program employees must have a written list of the participants in the group and must check the roll frequently. (3) Program employees must have first aid supplies and a guide to first aid and emergency care available on field trips. 16. Communication A. Each Program employee will have the option to use their own cell phone device or use a city provided cell phone to allow the staff to be contacted by Parks and Recreation personnel, and for use in contacting the Supervisor, Coordinator, Specialist or making emergency calls. B. The Coordinator or Specialist will post the following telephone numbers adjacent to a telephone accessible to all Program employees at each site: (1) Denton ambulance or emergency medical services; (2) City of Denton Police Department; (3) City of Denton Fire Department; (4) Civic Center, Recreation Centers, and McMath; (5) Numbers at which parents may be reached; and (5) The telephone number for the site itself. 17. Transportation A. Before a participant may be transported to and from city sponsored activities, a City waiver form, completed by the parent of the participant, must be filed. B. First aid supplies will be available in all Program vehicles that transport children. C. All children must be securely seated in the appropriate safety seat/booster based on 10 state child safety laws. D. All Program vehicles used for transporting participants must have available a 6-BC portable fire extinguisher which will be installed in the passenger compartment of the vehicle and must be accessible to the adult occupants. FACILITY STANDARDS 18. Safety A. Program employees will inspect Program sites daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A daily inspection report will be completed by Program employees and kept on file by the Supervisor. B. Buildings, grounds, and equipment on the Program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. C. Program equipment and supplies mu D. Program employees must have first aid supplies readily available at each site, during transportation to an off-site activity, and for the duration of any off-site activity. E. Program air conditioners, electric fans, and heaters must be mounted out of participants reach or have safeguards that keep participants from being injured. F. Program porches and platforms more than 30 inches above the ground must be equipped with railings participants can reach. G. All swing seats at Program sites must be constructed of durable, lightweight, relatively pliable material. H. Program employees must have first aid supplies readily available to staff in a designated location. 19. Fire A. In case of fire, danger of fire, ex first priority is to evacuate the participants to a designated safe area. B. The Program site will have an annual fire inspection by the local Fire Marshal, and the resulting report will detail any safety concerns observed. The report will be forwarded to the Program Manager who will review and establish deadlines and criteria for compliance. Information from this report will be included in the Program Manager C. Each Program site must have at least one (1) fire extinguisher approved by the Fire 11 Marshal readily available to all Program employees. The fire extinguisher is tobe inspected monthly by the Leaders confirming they are in place and in good condition. A monthly report will be forwarded to the Manager who will keep the report on file for a minimum of two years. All Program employees will be trained in the proper use of fire extinguishers. D. Fire drills will be initiated at Program sites based on the following schedule: (1) After School Program: A fire drill once every three months. (2) Spring Break Camp and Holiday Camp: A fire drill once during the session. (3) Camp Exploration, Camp Voyage, King Kids Camp, and Super Kids: A fire drill twice during the session. (4) Teen Camp: A fire drill once during session. 20. Health A. Illness or Injury (1) A participant who has an illness, injury or medical condition to the extent that admittance to the Program would create a health or safety concern to other will not be admitted to the Program provided a reasonable accommodation cannot be offered to alleviate such concerns. (2) Illnesses and injuries will be handled in a manner to protect the health of all participants and employees. (3) Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the Program manual. (4) Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. B. Program employees will administer medication only if: (1) Parent(s) complete and sign a medication form that provides authorization for employee to dispense medication with details as to time and dosages. The form will include a hold harmless clause to protect the City. (2) Prescription medications are in the original containers labeled with the employees will administer the medication only as stated on the label. Program employees will not administer medication after the expired date. 12 (3)date the medication was brought to the Program. Nonprescription medication must be in the original container. Program employees will only administer only according to label direction. (4) Medication dispensed will be limited to routine oral ingestion not requiring special knowledge or skills on the part of Program employees. (5) Program employees must ensure medications are inaccessible to participants or, if it is necessary to keep medications in the refrigerator (when available), medications will be kept separate from food. (6) Children who may require epi-pen injections due to severe allergic reactions must complete an Anaphylaxis Emergency Action Plan (AEAP) before their child starts the program. Staff will administer the epi-pen in case of emergency based on the instructions stated on the AEAP. C. Toilet Facilities (1) The Program site will have inside toilets located and equipped so children can use them independently, and Program staff can supervise as needed. (2) There must be one (1) flush toilet for every 30 children. Urinals may be counted in the ratio of toilets to children, but they must not exceed 50% of the total number of toilets. (3) An appropriate and adequate number of lavatories will be provided. D. Sanitation (1) The Program facilities must have adequate light, ventilation, and heat. (2) The Program must have an adequate supply of water meeting the standards of the Texas Department of Health for drinking water and ensure that it will be supplied to the participants in a safe and sanitary manner. (3) Program employees must see that garbage is removed from buildings daily. 13