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2018-10-23 Agenda with Backup
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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1737,Version:1 AGENDA CAPTION ReceiveareportfromBoardofEthicsChairJesseDavis,holdadiscussion,andgivestaffdirectionregarding the Board of Ethics’ Rules of Procedure. City of DentonPage 1 of 1Printed on 10/19/2018 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: October 23, 2018 SUBJECT Receive a report from Board of Ethics Chair Jesse Davis, hold a discussion, and give staff direction BACKGROUND On November 14, 2017, the City Council directed staff to hire attorney Alan Bojorquez to assist in the creation of an ethics ordinance. This process of drafting an ethics ordinance was completed over a series of eight (8) public work sessions, four (4) public hearings, and a total of over twenty (20) hours of deliberations. The Ethics Ordinance No. 18-757 was adopted by City Council on May 1, 2018 and became effective on May 15, 2018. The Ethics Ordinance created the Board of Ethics and required the adoption of rules of procedure, included in Section 2-277(k), which are subject to City Council confirmation. Rules of procedure are meant to be a procedural guide for conducting proceedings. The Board of Ethics has met a total of three (3) times, including two (2) meetings with attorney Alan Bojorquez, to deliberate the rules of procedureExhibit 2, was unanimously approved by the Board of Ethics on September 17, 2018. An informal staff report with background on the most recent changes to the rules of procedure was provided on October 12, 2018 and is included as Exhibit 3. ESTIMATED SCHEDULE OF PROJECT If City Council provides direction to move forward with the current version of the rules of procedures,an ordinance would be submitted for consideration on November 6, 2018. The Board could begin hearing complaints once an ordinance confirming the rules of procedure is adopted. PRIOR ACTION/REVIEW (Council, Boards, Commissions) November 7, 2017- An election was held to vote on propositions amending the Charter. May 1, 2018- An Ethics Ordinance was adopted by City Council. July 17, 2018- City Council appointed the Board of Ethics members. July 31, 2018- Board of Ethics meeting with deliberation of the rules of procedure. August 7, 2018- An additional alternative member was appointed to the Board of Ethics. August 13, 2018- The Board of Ethics approved the rules of procedures. August 21, 2018- A presentation of the rules of procedure was made during a City Council Work Session. August 28, 2018- An ordinance was submitted to City Council for consideration and direction was provided for the Board of Ethics to hold an additional meeting. September 17, 2018- The Board of Ethics held a meeting to discuss Ci 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- Rules of Procedure Exhibit 3- ISR 2018-151 Respectfully submitted: Bryan Langley Deputy City Manager Prepared by: Charlie Rosendahl Management Analyst JLD MRedlined) September 17, 2018 2´«¤² ®¥ 0±®¢¤£´±¤ ¥®± #®£´¢³¨¦ -¤¤³¨¦² lj (¤ ±¨¦² #¨³¸ ®¥ $¤³®Ǿ 4¤· ² "® ±£ ®¥ %³§¨¢² TABLE OF CONTENTS !ȁ '%.%2!,......................................................................................................................................... 4 ΐȁ #/.&)$%.4)!,)49 .............................................................................................................. 4 Αȁ %8 0!24% ................................................................................................................................ 4 "ȁ -%%4).'3 ...................................................................................................................................... 4 #ȁ !$6)3/29 /0).)/. .................................................................................................................... 5 $ȁ 02%,)-).!29 !33%33-%.43 ................................................................................................. 5 %ȁ (%!2).'3 ....................................................................................................................................... 6 ΐȁ 0±¤«¨¬¨ ±¸ Hearing .......................................................................................................... 6 Αȁ %µ¨£¤³¨ ±¸ (¤ ±¨¦ .......................................................................................................... 6 Βȁ 3¢§¤£´«¨¦ ȝ # ««¨¦ ............................................................................................................ 6 Γȁ 0´±¯®²¤ ................................................................................................................................... 7 Δȁ !´³§®±¨³¸ ®¥ #§ ¨± ................................................................................................................ 7 Εȁ # «« ³® /±£¤± .......................................................................................................................... 7 Ζȁ 2¤¢´² «² .................................................................................................................................. 7 Ηȁ %³¤± !¯¯¤ ± ¢¤ ®¥ ³§¤ 0 ±³¨¤² .................................................................................... 7 Θȁ 0±®¢¤£´± « 2¤°´¤²³ ............................................................................................................ 8 ΐΏȁ %µ¨£¤¢¤ lj Witnesses ..................................................................................................... 8 ΐΐȁ 3´¡¯®¤ ............................................................................................................................. 8 ΐΑȁ %·§¨¡¨³² ................................................................................................................................. 9 13. 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The City Auditor shall send a written notification of the Panel meeting to the ±¤°´¤²³¨¦ #¨³¸ /¥¥¨¢¨ « at least five (5) calendar days prior. Δȁ Participation. 7§¨«¤ ³§¤ ±¤°´¤²³¨¦ #¨³¸ /¥¥¨¢¨ « £ ®³§¤± ¯¤±²®² ¬ ¸ ³³¤£ ³§¤ ¬¤¤³¨¦Ǿ ® ³¤²³¨¬®¸ ®± ¯´¡«¨¢ ¢®¬¬¤³² ¶¨«« ¡¤ ¢¢¤¯³¤£ȁ Εȁ Scope. 7§¤ ²²¤¬¡«¤£Ǿ 0 ¤«² ²§ «« ±¤²¯®£ ³® ±¤°´¤²³ ¥®± !£µ¨²®±¸ /¯¨¨® ¡¸ ¨²²´¨¦ ¶±¨³³¤ ¦´¨£ ¢¤ ±¤¦ ±£¨¦ §®¶ ³§¤ #®£¤ ®¥ %³§¨¢² ¯¯«¨¤² Ȩ¨¥ ³ ««ȩ ³® ¯ ±³¨¢´« ± ²¨³´ ³¨® ®± ¡¤§ µ¨®±ȁ 4§¤ ®¯¨¨® ¬ ¸ ¢®³ ¨ ¢®¢«´²¨®² £ ȝ ®± ±¤¢®¬¬¤£ ³¨®²ȁ Ζȁ " ²¨² ®¥ /¯¨¨®ȁ ±¤°´¤²³®±ȁ .® ££¨³¨® « ¬ ³¤±¨ « ¶¨«« ¡¤ ¢®²¨£¤±¤£ȁ 4§¤ ®¯¨¨® ²§ «« ±¤¥«¤¢³ ³§¤ ¬ ©®±¨³¸ ¯®²¨³¨® ®¥ ³§¤ 0 ¤«ȁ Ηȁ Deadline. ! 0 ¤« ¬´²³ ¨²²´¤ ¨³² !£µ¨²®±¸ /¯¨¨® ¶¨³§¨ ³§¨±³¸ ȨΒΏȩ ±¤¢¤¨¯³ ®¥ ³§¤ ±¤°´¤²³ȁ #®£¤ ®¥ %³§¨¢² ȷΕȃΕΚΛȁ $ȁ 02%,)-).!29 !33%33-%.43 1. Assignment. The Chairperson shall designate panels consisting of three (3) board members on a rotating basis. 2. Calling Meetings. Panel meetings shall be called by the Chairperson. 3. Open Meetings. Panel meetings shall be conducted in compliance with the Texas Open Meetings Act. /źƷǤ ƚŅ 5ĻƓƷƚƓ a .ƚğƩķ ƚŅ 9Ʒŷźĭƭ wǒƌĻƭ ƚŅ tƩƚĭĻķǒƩĻ {ĻƦƷĻƒĬĻƩ ЊАͲ ЋЉЊБ tğŭĻ Ў Γȁ Notice. The City Auditor shall send a written notification of the Panel meeting to the #®¬¯« ¨ ³Ǿ ³§¤ !¢¢´²¤£Ǿ £ ³§¤ #¨³¸ !³³®±¤¸ at least five (5) calendar days prior. Δȁ Participation. 7§¨«¤ ³§¤ #®¬¯« ¨ ³Ǿ ³§¤ !¢¢´²¤£Ǿ £ ®³§¤± ¯¤±²®² ¬ ¸ ³³¤£ ³§¤ ¬¤¤³¨¦Ǿ ® ³¤²³¨¬®¸ ®± ¯´¡«¨¢ ¢®¬¬¤³² ¶¨«« ¡¤ ¢¢¤¯³¤£ȁ 6. Scope. When assembled, Panels shall determine if a Complaint is Actionable or Baseless, as defined by the Code of Ethics. 7. Basis. be considered, unless the Panel wishes to review information as part of a consideration of the accuracy of the statements made in the Complaint in conjunction with the making of a recommendation that a hearing be first held on an accepted Complaint to determine if it may be frivolous. #®£¤ ®¥ %³§¨¢² ȷΕȃΕΛΓȁ %ȁ (%!2).'3 1. 0±¤«¨¬¨ ±¸ (¤ ±¨¦ )¥ #®¬¯« ¨³ ¯±®¢¤¤£² ³® §¤ ±¨¦Ǿ ³§¤ "® ±£ ®¥ %³§¨¢² ¬ ¸ ¢®£´¢³ ¯±¤«¨¬¨ ±¸ §¤ ±¨¦ ³®Ȁ Ȩ ȩ ¨²²´¤ ²´¡¯®¤ ±¤°´¤²³¨¦ ³§¤ ¯±®£´¢³¨® ®¥ £ ³ ®± ®³§¤± ¤µ¨£¤¢¤ ¥±®¬ #¨³¸ /¥¥¨¢¨ « ¯®¶¤±² ®¥ ¨µ¤²³¨¦ ³¨®ȁǾ ²´¡©¤¢³ ³® 3¤¢³¨® %Ȩΐΐȩ ®¥ ³§¤²¤ 2´«¤²ȁ Ȩ¡ȩ ±´«¤ ® ¸ ¯±®¢¤£´± « ±¤°´¤²³² ¥±®¬ ³§¤ ¯ ±³¨¤²Ǿ ²´¢§ ² -®³¨®² ¥®± #®³¨´ ¢¤ȁ 2. %µ¨£¤³¨ ±¸ (¤ ±¨¦ )¥ #®¬¯« ¨³ ¯±®¢¤¤£² ³® §¤ ±¨¦Ǿ ³§¤ "® ±£ ®¥ %³§¨¢² ¬ ¸Ȁ Ȩ ȩ ««®¶ ¶¨³¤²²¤² ³® ³³¤£ £ ³¤²³¨¥¸ǿ Ȩ¡ȩ £¬¨³ ¤µ¨£¤¢¤ǿ £ Ȩ¢ȩ ¬ ª¤ £¤³¤±¬¨ ³¨®²ȁ 3. 3¢§¤£´«¨¦ ȝ # ««¨¦ (¤ ±¨¦² ²§ «« ¡¤ ²¢§¤£´«¤£ ¡¸ ³§¤ #¨³¸ !´£¨³®± ´¯® ³§¤ ¥¨«¨¦ ®¥Ȁ Ȩ ȩ 0 ¤« £¤³¤±¬¨ ³¨® ³§ ³ #®¬¯« ¨³ ¨² !¢³¨® ¡«¤ǿ ®± Ȩ¡ȩ !¯¯¤ « ¢§ ««¤¦¨¦ The City Auditor shall send a written notification of the hearing to the #®¬¯« ¨ ³Ǿ ³§¤ !¢¢´²¤£Ǿ £ ³§¤ #¨³¸ !³³®±¤¸ at least seven (7) calendar days prior. #®£¤ ®¥ %³§¨¢² ȷΕȃΕΛΔȨ¢ȩȁ /źƷǤ ƚŅ 5ĻƓƷƚƓ a .ƚğƩķ ƚŅ 9Ʒŷźĭƭ wǒƌĻƭ ƚŅ tƩƚĭĻķǒƩĻ {ĻƦƷĻƒĬĻƩ ЊАͲ ЋЉЊБ tğŭĻ Џ 4.Purpose 4§¤ ¯´±¯®²¤ ®¥ ¤µ¨£¤³¨ ±¸ §¤ ±¨¦Ȩ²ȩ ²§ «« ¡¤ ²®«¤«¸ ³® £¤³¤±¬¨¤ ¶§¤³§¤±Ȁ Ȩ ȩ µ¨®« ³¨® ®¥ ³§¤ #®£¤ ®¥ %³§¨¢² ®¢¢´±±¤£Ǿ £ ¨¥ ²® ³® ²²¤²² ³§¤ ¯¯±®¯±¨ ³¤ ² ¢³¨®ǿ Ȩ¡ȩ !¢¢¤¯³¤£ #®¬¯« ¨³ ¶ ² ¤±±®¤®´²«¸ £¨²¬¨²²¤£ ² " ²¤«¤²² ¡¸ 0 ¤«ǿ £ȝ ®± Ȩ¢ȩ !¢¢¤¯³¤£ #®¬¯« ¨³ ¨² &±¨µ®«®´²ȁ 5. !´³§®±¨³¸ ®¥ #§ ¨± 4§¤ #§ ¨± ¶¨«« ¢®³±®« £¨²¢´²²¨® ³ «« ³¨¬¤² ²® ³§ ³ ®«¸ ®¤ Ȩΐȩ ¯¤±²® ²¯¤ ª² ³ ³¨¬¤ȁ 4§¤ #§ ¨± ¶¨«« ¤¥®±¢¤ ³§¤²¤ ±´«¤² ³§±®´¦§ ³§¤ ¥®««®¶¨¦ ¬¤ ²´±¤²Ȁ Ȩ ȩ ¡¸ ¢ ««¨¦ ¯¤±²® ³® ®±£¤±Ǿ £µ¨²¨¦ ³§¤¬ ®¥ ³§¤ ±´«¤² £ ±¤°´¤²³¨¦ ¢®¬¯«¨ ¢¤ǿ Ȩ¡ȩ ¡ǿ £ȝ®± Ȩ¢ȩ ¡ ±¤¬ ¨£¤± ®¥ ³§¤ ¬¤¤³¨¦ȁ 4§¤ #§ ¨± ¬ ¸ ±¤ ²® ¡«¸ ¤·³¤£ ³¨¬¤ «¨¬¨³² ¯±®µ¨£¤£ ´£¤± ³§¤²¤ ±´«¤²Ǿ ¤¨³§¤± ³ ³§¤¨± ®¶ £¨²¢±¤³¨® ®± ¡¸ ²¨¬¯«¤ ¬ ©®±¨³¸ µ®³¤ ®¥ ³§¤ "® ±£ȁ ²§ «« ²ª ³§¤ ¯ ±³¸ ¨¥ ³§¤¸ ¥¤¤« ³§¤¸ § µ¤ § £ ¥´«« £ ¥ ¨± §¤ ±¨¦Ǿ £ ¨¥ ³§¤¸ ¥¤¤« ³§¤¸ § µ¤ § £ ®¯¯®±³´¨³¸ ³® ¯±¤²¤³ «« ®¥ ³§¤ ±¤«¤µ ³ ¤µ¨£¤¢¤ £ ³¤²³¨¬®¸ ¨ ³§¤¨± §¤ ±¨¦ȁ 6. # «« ³® /±£¤± 4§¤ #§ ¨±¯¤±²® ²§ «« ¢ «« ³§¤ §¤ ±¨¦ ³® ®±£¤±Ǿ ®´¢¤ ³§¤ ³¨¬¤ ³§¤ §¤ ±¨¦ ¨² ¢ ««¤£ ³® ®±£¤±Ǿ £ ²³ ³¤ ¶§¤³§¤± °´®±´¬ ®¥ ³§¤ ¡® ±£ ¨² ¯±¤²¤³ȁ 4§¤ ¢§ ¨± ²§ «« ¨£¤³¨¥¸ ³§¤ #®¬¯« ¨³ ¡¤¨¦ ¢®²¨£¤±¤£ ¡¸ ³§¤ ¡® ±£ȁ 7. 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#®£¤ ®¥ %³§¨¢² ȷΕȃΕΛΔȨ¢ȩȨΗȩȁ 27. $¤³¤±¬¨ ³¨®² 5¯® ¢®¢«´²¨® ®¥ £¤«¨¡¤± ³¨®²Ǿ ³§¤ #§ ¨±¯¤±²® ²§ «« ¢ «« ¥®± ¬®³¨®ȁ !«« µ®³¤² ¶¨«« ¡¤ µ®¨¢¤ µ®³¤Ǿ ¶¨³§ ³§¤ ®¯³¨® ¥®± ¸ ¬¤¬¡¤± ³® ±¤°´¤²³ ±®«« ¢ «« µ®³¤ ³ ¸ ³¨¬¤ȁ /źƷǤ ƚŅ 5ĻƓƷƚƓ a .ƚğƩķ ƚŅ 9Ʒŷźĭƭ wǒƌĻƭ ƚŅ tƩƚĭĻķǒƩĻ {ĻƦƷĻƒĬĻƩ ЊАͲ ЋЉЊБ tğŭĻ ЊЊ If at any point during any proceeding or hearing of the Board, the Board determines that the complaint was erroneously accepted because it was filed more than two (2) years after the date of the act or omission (unless tolled pursuant to the ordinance), the Board shall dismiss the complaint and the Chairperson shall issue a Letter of Dismissal. The Board is obligated to render its decision (i.e., imposing or recommending a sanction) within ten (10) business days after the conclusion of a hearing at which the Board determined that a violation occurred. The dismissal of a Complaint for any other reason must be communicated by the Chairperson in a Letter of Dismissal which sets forth the reasons for the dismissal. Code of Ethics § 2-282(b). ΑΗȁ Reconsideration Requests for reconsideration shall follow the procedure established in City of Denton Code of Ordinances, Chapter 2, Article XI, Section 2-283. 298ȁ !«³¤± ³¤ -¤¬¡¤±² 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. Upon receipt of an agenda for meeting or hearing, each member of the Board shall immediately (within twenty-four (24) hours) inform the City Auditor if the member is planning to: (a) not attend; or (b) abstain from participation. The matter of determining which alternate shall be designated to attend a hearing shall be at the discretion of the Chairperson. #®£¤ ®¥ %³§¨¢² ȷΕȃΕΚΚȨ¦ȩȁ 30ȁ Amendments 4§¤ "® ±£ ®¥ %³§¨¢² ¬ ¸ ±¤¢®¬¬¤£ ¬¤£¬¤³² ³® #¨³¸ ®¥ $¤³® #®£¤ ®¥ /±£¨ ¢¤²Ǿ #§ ¯³¤± ΑǾ !±³¨¢«¤ 8)Ǿ ®± ³® ¨³² ®¶ 2´«¤² ®¥ 0±®¢¤£´±¤ ³® ³§¤ #¨³¸ #®´¢¨« ²¨¬¯«¤ ¬ ©®±¨³¸ µ®³¤ȁ /źƷǤ ƚŅ 5ĻƓƷƚƓ a .ƚğƩķ ƚŅ 9Ʒŷźĭƭ wǒƌĻƭ ƚŅ tƩƚĭĻķǒƩĻ {ĻƦƷĻƒĬĻƩ ЊАͲ ЋЉЊБ tğŭĻ ЊЋ Date: October 12, 2018 Report No. 2018-151 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: revised rules of procedure to be presented at a City Council work session on October 23, 2018. EXECUTIVE SUMMARY: On August 28, 2018 an ordinance was submitted for City Council consideration confirming the hold another meeting to discuss a number of topics identified by City Council. The Board held a Attachment 1. BACKGROUND: Beginning in November 2017, City Council, working in consultation with attorney Alan Bojorquez, drafted the Cit hearings, and a total of twenty (20) hours of discussion. The Ethics Ordinance was adopted by City Council on May 1, 2018. Adoption of rules of procedure for the Board of Ethics is a requirement of Section 2-277(k) and are subject to confirmation by City Council. Rules of procedure are meant to be a guide for proceedings conducted by the Board of Ethics. The Board of Ethics held their inaugural meeting on July 31, 2018 in which ethics training was held with Alan Bojorquez and members discussed the Boards rules of procedure. A second meeting was held on August 13 and the Board unanimously approved rules of procedure. Alan Bojorquez presented that draft to City Council on August 21, 2018 and, with no changes, submitted the rules of procedure for City Council consideration on August 28, 2018. The item was pulled for a discussion and City Council requested that the Board of Ethics hold a meeting to deliberate and present a recommendation on a number of topics that were discussed. A Board of Ethics meeting was held on September 17, 2018 wherein the Board discussed those topics and others of interest to board members. The following changes were made: Added Section E(1)(a) is subject to Section E (11). Added language in Section E (5) stating the Chair or a simple majority of the Board may extend time limitations and a requirement that the Chair ask the party if they have had a full and fair hearing, and an opportunity to present all of the evidence. This change was made after a discussion of the practice being used in administrative hearings. Created a requirement for the issuance of a Letter of Dismissal justifying the reason for dismissal in areas where the Board may dismiss a complaint. Allowed for the failure to comply with a subpoena to be considered during deliberations. Modified language in the Boards allowance to question witnesses to clarify that questions from the Board do not count against a parties allotted time. Modified Section E (19) to allow for representation by persons other than legal counsel. Date: October 12, 2018 Report No. 2018-151 Added a Reconsideration section to clarify that any reconsideration shall follow procedures stated in the Ethics Ordinance Section 2-283. Created an allowance for the Board to recommend modifications to the Ethics Ordinance and/or rules of procedure. The revised rules of procedure, included as Attachment 1, will be presented to the City Council by Board of Ethics Chair Jesse Davis in a work session on October 23, 2018. ATTACHMENT(S): 1. STAFF CONTACT: Bryan Langley Deputy City Manager (940) 349-8224 Bryan.Langley@cityofdenton.com JLD MRedlined) September 17, 2018 2´«¤² ®¥ 0±®¢¤£´±¤ ¥®± #®£´¢³¨¦ -¤¤³¨¦² lj (¤ ±¨¦² #¨³¸ ®¥ $¤³®Ǿ 4¤· ² "® ±£ ®¥ %³§¨¢² TABLE OF CONTENTS !ȁ '%.%2!,......................................................................................................................................... 4 ΐȁ #/.&)$%.4)!,)49 .............................................................................................................. 4 Αȁ %8 0!24% ................................................................................................................................ 4 "ȁ -%%4).'3 ...................................................................................................................................... 4 #ȁ !$6)3/29 /0).)/. .................................................................................................................... 5 $ȁ 02%,)-).!29 !33%33-%.43 ................................................................................................. 5 %ȁ (%!2).'3 ....................................................................................................................................... 6 ΐȁ 0±¤«¨¬¨ ±¸ Hearing .......................................................................................................... 6 Αȁ %µ¨£¤³¨ ±¸ (¤ ±¨¦ .......................................................................................................... 6 Βȁ 3¢§¤£´«¨¦ ȝ # ««¨¦ ............................................................................................................ 6 Γȁ 0´±¯®²¤ ................................................................................................................................... 7 Δȁ !´³§®±¨³¸ ®¥ #§ ¨± ................................................................................................................ 7 Εȁ # «« ³® /±£¤± .......................................................................................................................... 7 Ζȁ 2¤¢´² «² .................................................................................................................................. 7 Ηȁ %³¤± !¯¯¤ ± ¢¤ ®¥ ³§¤ 0 ±³¨¤² .................................................................................... 7 Θȁ 0±®¢¤£´± « 2¤°´¤²³ ............................................................................................................ 8 ΐΏȁ %µ¨£¤¢¤ lj Witnesses ..................................................................................................... 8 ΐΐȁ 3´¡¯®¤ ............................................................................................................................. 8 ΐΑȁ %·§¨¡¨³² ................................................................................................................................. 9 13. Decorum .............................................................................................................................. 9 ΐΓȁ 3¶®± 4¤²³¨¬®¸ .............................................................................................................. 9 ΐΔȁ /±£¤± ®¥ 0±¤²¤³ ¨®² .................................................................................................... 9 ΐΕȁ 3³ ³¤¬¤³............................................................................................................................. 9 ΐΖȁ 0±¤²¤³ ³¨® ®¥ %µ¨£¤¢¤ ............................................................................................... 9 ΐΗȁ 7¨³¤²² 4¤²¨¬®¤¸ ......................................................................................................... 9 ΐΘȁ ,¤¦ « 2¤¯±¤²¤³ ³¨® ................................................................................................... 10 ΑΏȁ 4¨¬¤ ,¨¬¨³ ³¨®² ............................................................................................................ 10 Αΐȁ #«®²¨¦ ®¥ Statements ................................................................................................... 10 ΑΑȁ #«®²¨¦ ®¥ (¤ ±¨¦ .......................................................................................................... 10 ΑΒȁ %·¤¢´³¨µ¤ 3¤²²¨® ........................................................................................................... 10 ΑΓȁ $¤«¨¡¤± ³¨® ..................................................................................................................... 10 ΑΔȁ 2¤«¨ ¡¨«¨³¸ ®¥ %µ¨£¤¢¤ ................................................................................................. 11 ΑΕȁ "´±£¤ ®¥ 0±®®¥ .............................................................................................................. 11 ΑΖȁ $¤³¤±¬¨ ³¨®² .............................................................................................................. 11 ΑΗȁ !«³¤± ³¤ -¤¬¡¤±² ....................................................................................................... 11 /źƷǤ ƚŅ 5ĻƓƷƚƓ a .ƚğƩķ ƚŅ 9Ʒŷźĭƭ wǒƌĻƭ ƚŅ tƩƚĭĻķǒƩĻ {ĻƦƷĻƒĬĻƩ ЊАͲ ЋЉЊБ tğŭĻ Ћ CITY OF DENTON BOARD OF ETHICS RULES OF PROCEDURE FOR MEETINGS & HEARINGS /źƷǤ ƚŅ 5ĻƓƷƚƓ a .ƚğƩķ ƚŅ 9Ʒŷźĭƭ wǒƌĻƭ ƚŅ tƩƚĭĻķǒƩĻ {ĻƦƷĻƒĬĻƩ ЊАͲ ЋЉЊБ tğŭĻ Ќ A. 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The City Auditor shall send a written notification of the Panel meeting to the ±¤°´¤²³¨¦ #¨³¸ /¥¥¨¢¨ « at least five (5) calendar days prior. Δȁ Participation. 7§¨«¤ ³§¤ ±¤°´¤²³¨¦ #¨³¸ /¥¥¨¢¨ « £ ®³§¤± ¯¤±²®² ¬ ¸ ³³¤£ ³§¤ ¬¤¤³¨¦Ǿ ® ³¤²³¨¬®¸ ®± ¯´¡«¨¢ ¢®¬¬¤³² ¶¨«« ¡¤ ¢¢¤¯³¤£ȁ Εȁ Scope. 7§¤ ²²¤¬¡«¤£Ǿ 0 ¤«² ²§ «« ±¤²¯®£ ³® ±¤°´¤²³ ¥®± !£µ¨²®±¸ /¯¨¨® ¡¸ ¨²²´¨¦ ¶±¨³³¤ ¦´¨£ ¢¤ ±¤¦ ±£¨¦ §®¶ ³§¤ #®£¤ ®¥ %³§¨¢² ¯¯«¨¤² Ȩ¨¥ ³ ««ȩ ³® ¯ ±³¨¢´« ± ²¨³´ ³¨® ®± ¡¤§ µ¨®±ȁ 4§¤ ®¯¨¨® ¬ ¸ ¢®³ ¨ ¢®¢«´²¨®² £ ȝ ®± ±¤¢®¬¬¤£ ³¨®²ȁ Ζȁ " ²¨² ®¥ /¯¨¨®ȁ ±¤°´¤²³®±ȁ .® ££¨³¨® « ¬ ³¤±¨ « ¶¨«« ¡¤ ¢®²¨£¤±¤£ȁ 4§¤ ®¯¨¨® ²§ «« ±¤¥«¤¢³ ³§¤ ¬ ©®±¨³¸ ¯®²¨³¨® ®¥ ³§¤ 0 ¤«ȁ Ηȁ Deadline. ! 0 ¤« ¬´²³ ¨²²´¤ ¨³² !£µ¨²®±¸ /¯¨¨® ¶¨³§¨ ³§¨±³¸ ȨΒΏȩ ±¤¢¤¨¯³ ®¥ ³§¤ ±¤°´¤²³ȁ #®£¤ ®¥ %³§¨¢² ȷΕȃΕΚΛȁ $ȁ 02%,)-).!29 !33%33-%.43 1. Assignment. The Chairperson shall designate panels consisting of three (3) board members on a rotating basis. 2. Calling Meetings. Panel meetings shall be called by the Chairperson. 3. Open Meetings. Panel meetings shall be conducted in compliance with the Texas Open Meetings Act. /źƷǤ ƚŅ 5ĻƓƷƚƓ a .ƚğƩķ ƚŅ 9Ʒŷźĭƭ wǒƌĻƭ ƚŅ tƩƚĭĻķǒƩĻ {ĻƦƷĻƒĬĻƩ ЊАͲ ЋЉЊБ tğŭĻ Ў Γȁ Notice. The City Auditor shall send a written notification of the Panel meeting to the #®¬¯« ¨ ³Ǿ ³§¤ !¢¢´²¤£Ǿ £ ³§¤ #¨³¸ !³³®±¤¸ at least five (5) calendar days prior. Δȁ Participation. 7§¨«¤ ³§¤ #®¬¯« ¨ ³Ǿ ³§¤ !¢¢´²¤£Ǿ £ ®³§¤± ¯¤±²®² ¬ ¸ ³³¤£ ³§¤ ¬¤¤³¨¦Ǿ ® ³¤²³¨¬®¸ ®± ¯´¡«¨¢ ¢®¬¬¤³² ¶¨«« ¡¤ ¢¢¤¯³¤£ȁ 6. Scope. When assembled, Panels shall determine if a Complaint is Actionable or Baseless, as defined by the Code of Ethics. 7. Basis. be considered, unless the Panel wishes to review information as part of a consideration of the accuracy of the statements made in the Complaint in conjunction with the making of a recommendation that a hearing be first held on an accepted Complaint to determine if it may be frivolous. #®£¤ ®¥ %³§¨¢² ȷΕȃΕΛΓȁ %ȁ (%!2).'3 1. 0±¤«¨¬¨ ±¸ (¤ ±¨¦ )¥ #®¬¯« ¨³ ¯±®¢¤¤£² ³® §¤ ±¨¦Ǿ ³§¤ "® ±£ ®¥ %³§¨¢² ¬ ¸ ¢®£´¢³ ¯±¤«¨¬¨ ±¸ §¤ ±¨¦ ³®Ȁ Ȩ ȩ ¨²²´¤ ²´¡¯®¤ ±¤°´¤²³¨¦ ³§¤ ¯±®£´¢³¨® ®¥ £ ³ ®± ®³§¤± ¤µ¨£¤¢¤ ¥±®¬ #¨³¸ /¥¥¨¢¨ « ¯®¶¤±² ®¥ ¨µ¤²³¨¦ ³¨®ȁǾ ²´¡©¤¢³ ³® 3¤¢³¨® %Ȩΐΐȩ ®¥ ³§¤²¤ 2´«¤²ȁ Ȩ¡ȩ ±´«¤ ® ¸ ¯±®¢¤£´± « ±¤°´¤²³² ¥±®¬ ³§¤ ¯ ±³¨¤²Ǿ ²´¢§ ² -®³¨®² ¥®± #®³¨´ ¢¤ȁ 2. %µ¨£¤³¨ ±¸ (¤ ±¨¦ )¥ #®¬¯« ¨³ ¯±®¢¤¤£² ³® §¤ ±¨¦Ǿ ³§¤ "® ±£ ®¥ %³§¨¢² ¬ ¸Ȁ Ȩ ȩ ««®¶ ¶¨³¤²²¤² ³® ³³¤£ £ ³¤²³¨¥¸ǿ Ȩ¡ȩ £¬¨³ ¤µ¨£¤¢¤ǿ £ Ȩ¢ȩ ¬ ª¤ £¤³¤±¬¨ ³¨®²ȁ 3. 3¢§¤£´«¨¦ ȝ # ««¨¦ (¤ ±¨¦² ²§ «« ¡¤ ²¢§¤£´«¤£ ¡¸ ³§¤ #¨³¸ !´£¨³®± ´¯® ³§¤ ¥¨«¨¦ ®¥Ȁ Ȩ ȩ 0 ¤« £¤³¤±¬¨ ³¨® ³§ ³ #®¬¯« ¨³ ¨² !¢³¨® ¡«¤ǿ ®± Ȩ¡ȩ !¯¯¤ « ¢§ ««¤¦¨¦ The City Auditor shall send a written notification of the hearing to the #®¬¯« ¨ ³Ǿ ³§¤ !¢¢´²¤£Ǿ £ ³§¤ #¨³¸ !³³®±¤¸ at least seven (7) calendar days prior. #®£¤ ®¥ %³§¨¢² ȷΕȃΕΛΔȨ¢ȩȁ /źƷǤ ƚŅ 5ĻƓƷƚƓ a .ƚğƩķ ƚŅ 9Ʒŷźĭƭ wǒƌĻƭ ƚŅ tƩƚĭĻķǒƩĻ {ĻƦƷĻƒĬĻƩ ЊАͲ ЋЉЊБ tğŭĻ Џ 4.Purpose 4§¤ ¯´±¯®²¤ ®¥ ¤µ¨£¤³¨ ±¸ §¤ ±¨¦Ȩ²ȩ ²§ «« ¡¤ ²®«¤«¸ ³® £¤³¤±¬¨¤ ¶§¤³§¤±Ȁ Ȩ ȩ µ¨®« ³¨® ®¥ ³§¤ #®£¤ ®¥ %³§¨¢² ®¢¢´±±¤£Ǿ £ ¨¥ ²® ³® ²²¤²² ³§¤ ¯¯±®¯±¨ ³¤ ² ¢³¨®ǿ Ȩ¡ȩ !¢¢¤¯³¤£ #®¬¯« ¨³ ¶ ² ¤±±®¤®´²«¸ £¨²¬¨²²¤£ ² " ²¤«¤²² ¡¸ 0 ¤«ǿ £ȝ ®± Ȩ¢ȩ !¢¢¤¯³¤£ #®¬¯« ¨³ ¨² &±¨µ®«®´²ȁ 5. !´³§®±¨³¸ ®¥ #§ ¨± 4§¤ #§ ¨± ¶¨«« ¢®³±®« £¨²¢´²²¨® ³ «« ³¨¬¤² ²® ³§ ³ ®«¸ ®¤ Ȩΐȩ ¯¤±²® ²¯¤ ª² ³ ³¨¬¤ȁ 4§¤ #§ ¨± ¶¨«« ¤¥®±¢¤ ³§¤²¤ ±´«¤² ³§±®´¦§ ³§¤ ¥®««®¶¨¦ ¬¤ ²´±¤²Ȁ Ȩ ȩ ¡¸ ¢ ««¨¦ ¯¤±²® ³® ®±£¤±Ǿ £µ¨²¨¦ ³§¤¬ ®¥ ³§¤ ±´«¤² £ ±¤°´¤²³¨¦ ¢®¬¯«¨ ¢¤ǿ Ȩ¡ȩ ¡ǿ £ȝ®± Ȩ¢ȩ ¡ ±¤¬ ¨£¤± ®¥ ³§¤ ¬¤¤³¨¦ȁ 4§¤ #§ ¨± ¬ ¸ ±¤ ²® ¡«¸ ¤·³¤£ ³¨¬¤ «¨¬¨³² ¯±®µ¨£¤£ ´£¤± ³§¤²¤ ±´«¤²Ǿ ¤¨³§¤± ³ ³§¤¨± ®¶ £¨²¢±¤³¨® ®± ¡¸ ²¨¬¯«¤ ¬ ©®±¨³¸ µ®³¤ ®¥ ³§¤ "® ±£ȁ ²§ «« ²ª ³§¤ ¯ ±³¸ ¨¥ ³§¤¸ ¥¤¤« ³§¤¸ § µ¤ § £ ¥´«« £ ¥ ¨± §¤ ±¨¦Ǿ £ ¨¥ ³§¤¸ ¥¤¤« ³§¤¸ § µ¤ § £ ®¯¯®±³´¨³¸ ³® ¯±¤²¤³ «« ®¥ ³§¤ ±¤«¤µ ³ ¤µ¨£¤¢¤ £ ³¤²³¨¬®¸ ¨ ³§¤¨± §¤ ±¨¦ȁ 6. # «« ³® /±£¤± 4§¤ #§ ¨±¯¤±²® ²§ «« ¢ «« ³§¤ §¤ ±¨¦ ³® ®±£¤±Ǿ ®´¢¤ ³§¤ ³¨¬¤ ³§¤ §¤ ±¨¦ ¨² ¢ ««¤£ ³® ®±£¤±Ǿ £ ²³ ³¤ ¶§¤³§¤± °´®±´¬ ®¥ ³§¤ ¡® ±£ ¨² ¯±¤²¤³ȁ 4§¤ ¢§ ¨± ²§ «« ¨£¤³¨¥¸ ³§¤ #®¬¯« ¨³ ¡¤¨¦ ¢®²¨£¤±¤£ ¡¸ ³§¤ ¡® ±£ȁ 7. 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#®£¤ ®¥ %³§¨¢² ȷΕȃΕΛΔȨ¢ȩȨΗȩȁ 27. $¤³¤±¬¨ ³¨®² 5¯® ¢®¢«´²¨® ®¥ £¤«¨¡¤± ³¨®²Ǿ ³§¤ #§ ¨±¯¤±²® ²§ «« ¢ «« ¥®± ¬®³¨®ȁ !«« µ®³¤² ¶¨«« ¡¤ µ®¨¢¤ µ®³¤Ǿ ¶¨³§ ³§¤ ®¯³¨® ¥®± ¸ ¬¤¬¡¤± ³® ±¤°´¤²³ ±®«« ¢ «« µ®³¤ ³ ¸ ³¨¬¤ȁ /źƷǤ ƚŅ 5ĻƓƷƚƓ a .ƚğƩķ ƚŅ 9Ʒŷźĭƭ wǒƌĻƭ ƚŅ tƩƚĭĻķǒƩĻ {ĻƦƷĻƒĬĻƩ ЊАͲ ЋЉЊБ tğŭĻ ЊЊ If at any point during any proceeding or hearing of the Board, the Board determines that the complaint was erroneously accepted because it was filed more than two (2) years after the date of the act or omission (unless tolled pursuant to the ordinance), the Board shall dismiss the complaint and the Chairperson shall issue a Letter of Dismissal. The Board is obligated to render its decision (i.e., imposing or recommending a sanction) within ten (10) business days after the conclusion of a hearing at which the Board determined that a violation occurred. The dismissal of a Complaint for any other reason must be communicated by the Chairperson in a Letter of Dismissal which sets forth the reasons for the dismissal. Code of Ethics § 2-282(b). ΑΗȁ Reconsideration Requests for reconsideration shall follow the procedure established in City of Denton Code of Ordinances, Chapter 2, Article XI, Section 2-283. 298ȁ !«³¤± ³¤ -¤¬¡¤±² 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. Upon receipt of an agenda for meeting or hearing, each member of the Board shall immediately (within twenty-four (24) hours) inform the City Auditor if the member is planning to: (a) not attend; or (b) abstain from participation. The matter of determining which alternate shall be designated to attend a hearing shall be at the discretion of the Chairperson. #®£¤ ®¥ %³§¨¢² ȷΕȃΕΚΚȨ¦ȩȁ 30ȁ Amendments 4§¤ "® ±£ ®¥ %³§¨¢² ¬ ¸ ±¤¢®¬¬¤£ ¬¤£¬¤³² ³® #¨³¸ ®¥ $¤³® #®£¤ ®¥ /±£¨ ¢¤²Ǿ #§ ¯³¤± ΑǾ !±³¨¢«¤ 8)Ǿ ®± ³® ¨³² ®¶ 2´«¤² ®¥ 0±®¢¤£´±¤ ³® ³§¤ #¨³¸ #®´¢¨« ²¨¬¯«¤ ¬ ©®±¨³¸ µ®³¤ȁ /źƷǤ ƚŅ 5ĻƓƷƚƓ a .ƚğƩķ ƚŅ 9Ʒŷźĭƭ wǒƌĻƭ ƚŅ tƩƚĭĻķǒƩĻ {ĻƦƷĻƒĬĻƩ ЊАͲ ЋЉЊБ tğŭĻ ЊЋ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1801,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the possibility of creating a tourism public improvement district in Denton. City of DentonPage 1 of 1Printed on 10/19/2018 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: October 23, 2018 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the possibility of creating a tourism public improvement district in Denton. SUMMARY Denton has an opportunity during the 2019 State legislative session to be authorized to create a tourism public improvement district (TPID) in the future if it chooses to. A TPID is a tool to create more funding to recruit conventions to Denton in a highly competitive market; Denton hoteliers are in favor of having competitors Frisco, Irving, and Allen will be requesting TPID authorization from the legislature in 2019. Denton would have flexibility in how its TPID would be structured and administered. BACKGROUND Tourism public improvement districts (TPID) are a tool that creates additional funding to draw convention and group business to a city. Hotels within a TPID pay a self-assessed fee on each room-night they sell, and those funds are used for marketing of the city as a meeting destination and the servicing of groups before and during their events. Competition for conventions is intense, and the additional funding offered by a TPID can give Denton a competitive edge in landing convention business. TPIDs do not create any new taxing authority or impose a tax, nor do they count against the maximum hotel occupancy tax that a city can levy. Funding is via self-assessed fee by hotel operators, usually a 2% fee on room-night revenue. A TPID can only be created after more than 60% of the affected hotel operators sign a petition asking the Council to create the district. Then, state law requires newspaper notice and mailed notice to each stakeholder within the district. Finally, Council must hold two public hearings on the possible creation and approval of the district. In 2011, Dallas became the first city in Texas authorized by the State Legislature to create a TPID. In 2015, Fort Worth, San Antonio, Austin, and Arlington gained the same authority from the Legislature. Dallas has seen the following successes after its TPID was implemented: Almost doubling (23% to 41%) of the Dallas Convention and Visitors Bureauconversion rate, which means the amount of conventions Dallas bid on that ultimately came to the city Increase of over 16% in overall hotel occupancy in the city Another group of cities Frisco, Irving, Allen, Waco, and Amarillo will be seeking TPID authorization during the 2019 legislative session. business. Denton has been asked by the Texas Hotel & Lodging Association about its interest in participating in the 2019 authorization legislation. This legislation would simply give the city the option to pursue establishment of a TPID. If Denton does not participate in the 2019 legislation, the city would have to wait until the 2021 legislative session to request TPID authorization. The Denton CVB, the Embassy Suites Denton Convention Center, and other local hotel industry leaders are . A recent survey conducted by the a TPID. Based on revenue from the second quarter of 2018, a 2% TPID fee would yield an estimated $830,000 annually. PUTTING A DENTON TPID INTO EFFECT Denton would have flexibility in how its TPID would be structured and administered. The following is an example of one way it could be done: Hoteliers and the CVB would develop a tailored local service plan for Council approval. o District would be in place for 10 years. o Self-assessment of 2% of taxable sales would only apply to hotels with 75 or more rooms. o A typical distribution of TPID funds under a service plan is 45% to marketing, 45% to provide servicing/incentives, 5% for research, and 5% for administration. Petition signatures to establish the district are collected from at least 60% of the stakeholder hotels. Public notice is provided and public hearings are held. Council votes on whether to establish the district and approve its service and assessment plan. If TPID is established, a board of directors made up of participating hoteliers would be established by participating hoteliers to oversee the work of the TPID. The existing CVB contract would be amended to allow the CVB to operate TPID programs. The Participating hotels add the 2% TPID fee to their room billing. Hotels remit the 2% TPID fees along with their monthly hotel occupancy tax to the City. The City allocates TPID funding to the CVB to operate TPID programs. NEXT STEPS Should the Council opt to move forward, here are next steps: Council approval of a resolution in support of seeking State legislative authority to allow Denton the option to consider the creation of a TPID (see Exhibit 2) Work with local legislative delegation to secure support OPTIONS 1. Do not participate in 2019 state legislation giving Denton the option to create a TPID 2. Receive further information about how a TPID might work in Denton prior to giving direction 3. Move forward now to participate in 2019 state legislation for the option of a TPID 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: 3.2 Make Denton a destination for visitors EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Sample TPID Resolution Exhibit 3 Presentation Respectfully submitted: Caroline Booth Director of Economic Development RESOLUTION NO. _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, IN SUPPORT OF SEEKING LEGISLATIVE AUTHORITY TO ALLOW THE CITY OF DENTON TO CONSIDER CREATION OF A TOURISM PUBLIC IMPROVEMENT DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Public Improvement District Assessment Act, Chapter 372 of the Texas ; and WHEREAS, the cities of Arlington, Austin, Dallas, Fort Worth, and San Antonio each have statutory authority within the Act to establish a tourism public improvement district. A majority of which not have districts in operation; and WHEREAS, the City of Denton does not currently have statutory authority within the Act to pursue establishment of a tourism public improvement district; and WHEREAS, tourism activity within the City of Denton is strong and contributes ; and WHEREAS, creation and operation of a tourism public improvement district in the City of Denton would not require expenditure of any City general fund revenues, but would instead by funded solely by self-assessments from hotels with 75 or more rooms within the district; and WHEREAS, the Denton City Council, local tourism industry partners, and local hotel owners have expressed strong support for creation and establishment of such a district; and WHEREAS, The City Council of the City of Denton encourages the Texas Legislature to pass legislation that grants the City the necessary statutory authority to pursue establishment of a tourism public improvement district; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. FINDINGS OF FACT. The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. SECTION 2. RESOLUTION. The City Council of the City of Denton, Texas, hereby th requests that elected officials of the Texas Legislature support and pass legislation in the 86 Texas Legislative Session authorizing the City of Denton to pursue and establish a tourism public improvement district. SECTION 3. PROPER NOTICE & MEETING. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public, and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, Chapter 551. Notice was also provided as required by Chapter 52 of the Texas Local Government Code. SECTION 4. EFFECTIVE DATE. This resolution shall become effective immediately upon its passage and approval. The motion to approve this resolution was made by __________________________ and seconded by _________________________________, the resolution was passed and approved by the following vote \[___ - ___\]: Aye Nay Abstain Absent Chris Watts, Mayor: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Don Duff, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ 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: __________________________________ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1524,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding a Fleet Services facility expansion to add additional service bays to the north side of the current maintenance shop at the Service Center. City of DentonPage 1 of 1Printed on 10/19/2018 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: Todd Hileman DATE: October 23, 2018 SUBJECT Receive a report, hold a discussion, and give staff direction regarding a proposed Fleet Services facility expansion project with plans to add 12 new service bays to the north side of the current maintenance shop. BACKGROUND Fleet Services staff recognized the need for additional bay space in 2014 initially to accommodate the maintenance of Compressed Natural Gas (CNG) trucks. Plans were proposed for a four (4) bay expansion that were not advanced at that time due to financial considerations. A proposed expandable six (6) bay fleet annex was considered in 2016 to be constructed on property at the Solid Waste facility. Plans were not advanced at that time due to site considerations. On June 26, 2018, Blue Ridge Services, Inc. presented recommendations from an operational review and staffing study the firm had conducted on the Solid Waste operations. The report indicated the current fleet maintenance facility has reached capacity and recommended future expansion of the facility and the addition of dedicated refuse truck technicians. Fleet staff, working with Facilities Management, explored several options for increasing the current number of repair bays. In May 2018, staff presented three (3) options to City management. This report outlines the recommended option of adding 12 bays to the current facility for Council review and consideration. PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 26, 2018 - Blue Ridge Study presented to City Council. June 26, 2018 - Fleet Budget presented to City Council. FISCAL INFORMATION Professional services for project engineering and design are estimated at $139,871. The total cost estimate for the additional 12 bays is $2,824,496. On September 5, 2018 the Finance Department reviewed Fleet Services CIP budget and proposed project timeline. This review indicated the capacity for cash funding $750,000 for the design phase and initial construction (as presented in the FY18/19 Budget) and debt funding of the remaining $2,074,496 balance of the project. 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: 1.1 Manage financial resources in a responsible manner EXHIBITS Exhibit 1 - Agenda Information Sheet Exhibit 2 PowerPoint Presentation Respectfully submitted: Terry Kader Fleet Superintendent Prepared by: Terry Kader Fleet Superintendent City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1742,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and provide staff direction regarding City Council priorities for upcoming work session report topics. City of DentonPage 1 of 1Printed on 10/19/2018 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 DCM: Bryan Langley DATE: October 23, 2018 SUBJECT Receive a report, hold a discussion, and provide staff direction regarding City Council priorities for upcoming work session report topics. BACKGROUND Following discussion at the August 25 City Council Retreat and August 28 work session, the City Council held their first strategy session on September 18 to help prioritize future work session requests. During the September 18 work session, the City Council expressed an openness to receive more information as Informal Staff Reports (ISRs) in lieu of formal work session presentations, and agreed to have monthly strategy sessions to review potential future work session topics. Given the number of potential work session items discussed on September 18, it was difficult to ascertain consensus on which items warranted a future work session presentation. In an effort to better determine which items should be presented during a future work session, staff and Council discussed distributing a survey prior to each strategy session. In preparation for the October 23 strategy session, a survey was distributed to the City Council on Friday October 12. Topics prepared for the October 23 strategy session have been segmented into two groupings: 1) those needed for operational purposes or where staff has noted a general consensus of Council to present, and 2) other requested topics. The City Council completed an online survey to indicate their interest in hearing formal presentations on the items categorized as “other requested topics.” Operational/General Consensus Requests The list of operational and general consensus requests currently includes 47 topics. To-date, work session presentations have been scheduled through February 19, 2019. Other Requests Below is a brief description of the topics included in the recent City Council survey to gauge interest in receiving a future work session presentation: Statement on the Confederate Monument in the Courthouse Square – Overview of recent efforts to provide historical context, modify, or remove the confederate soldier memorial located on the Denton County Courthouse square. Note: ISR on this subject was included in the September 21 Friday Report. Construction Projects Communications Plan – Overview of efforts underway by Capital Projects and Public Affairs to determine the best methods of communication for all capital construction projects across the community.Note: ISR on this subject was included in the September 21 Friday Report. Apartment Construction on Scripture – Report intended to clarify zoning and land use questions recently raised regarding the construction of a student housing apartment complex at the corner of Scripture Street and Normal Street. Note: ISR on this subject was included in the September 21 Friday Report. Ten Year PEG Fund History – Report on the Public, Educational, and Governmental Access Channel (PEG Fund) expenditures over the past ten fiscal years, including grants and equipment provided to other eligible PEG channels in Denton. Note: ISR on this subject was included in the September 21 Friday Report with a follow-up ISR in the October 5 Friday Report. Historic Properties Tax Abatement – Information on proposed Code of Ordinances revision regarding tax exemptions for historically significant commercial sites, clarifying that the buildings beyond downtown are eligible for the tax exemption. Note: ISR on this subject was included in the September 21 Friday Report. Fire Department Diversity Initiatives – Report on the history of Fire Department recruiting practices, diversity initiatives, and program opportunities. Note: ISR on this subject was included in the September 28 Friday Report. FY 2018-2019 Sponsorship Program – Overview of funding details regarding the City’s Sponsorship Program for FY 2018-20019 which is are now reviewed and recommended by the Hotel Occupancy Tax Committee. Note: ISR on this subject was included in the September 28 Friday Report. Denton County MHMR Funding Information – Overview of what Denton County MHMR (MHMR) is, how it is funded, and current funding challenges. Note: ISR on this subject was included in the September 28 Friday Report. Library Resources for College and University Students – Information on efforts to address potential cost barriers that students may have associated with purchasing textbooks when taking core college courses. Note: ISR on this subject was included in the September 28 Friday Report. Smoking Ordinance Overview – Report provided a brief history of both the prior Ordinance No. 2012-367 and current Ordinance No. 2015-121 including enforcement of the ordinance. Note: ISR on this subject was included in the September 28 Friday Report. Engage Denton App – Update on the first three months of the Engage Denton citizen request application including metrics and recent improvements. Note: ISR on this subject was included in the September 28 Friday Report. Landfill Landscape Buffer and Tree Planting Update – Summary of the Solid Waste Department’s buffer zone standards and an overview of plans to improve the landscape buffer. Note: ISR on this subject was included in the October 5 Friday Report. Code Enforcement/CIS Overview – Brief summary providing information about Community Improvement Services’ history, programs, notification and abatement process, and compliance rates. Note: ISR on this subject was included in the October 12 Friday Report. Denton Animal Shelter Screening for FeLV/FIV – Update on the Denton Animal Services Division’s plan to begin testing all cats for Feline Leukemia Virus (FeLV) and Feline Immunodeficiency Virus (FIV) at the time of sterilization. Note: ISR on this subject was included in the October 12 Friday Report. Qualified Voter Requirements – Report on the City of Denton’s “Qualified Voter” requirement for board or commission members. Note: ISR on this subject was included in the October 12 Friday Report. Project Names for Economic Development Projects – Information on the use of project names for economic development recruitment efforts and non-disclosure agreements. Note: ISR on this subject was included in the October 12 Friday Report. Survey Results On Friday, October 12, staff emailed a link to an online survey asking the City Council to indicate either “high interest,” “low interest,” or “no interest” in hearing a formal presentation for the items listed above in the “Other” category. Six of the seven elected officials completed the survey. Below is a synopsis of the survey results, a more complete listing of survey responses is attached as Exhibit 3 and Exhibit 4: Statement on the Confederate Monument in the Courthouse Square High Interest 16.67%, 1 response Low Interest 33.33%, 2 responses No Interest 50%, 3 responses Construction Projects Communications Plan High Interest 50%, 3 responses Low Interest 50%, 3 responses No Interest 0% Apartment Construction on Scripture High Interest 66.67%, 4 responses Low Interest 16.67%, 1 response No Interest 16.67%, 1 response Ten Year PEG Fund History High Interest 33.33%, 2 responses Low Interest 33.33%, 2 responses No Interest 33.33%, 2 responses Historic Properties Tax Abatement High Interest 16.67%, 1 response Low Interest 83.33%, 5 responses No Interest 0% Fire Department Diversity Initiatives High Interest 83.33%, 5 responses Low Interest 16.67%, 1 response No Interest 0% FY 2018-2019 Sponsorship Program High Interest 33.33%, 2 responses Low Interest 50%, 3 responses No Interest 16.67%, 1 response Denton County MHMR Funding Information High Interest 16.67%, 1 response Low Interest 83.33%, 5 responses No Interest 0% Library Resources for College and University Students High Interest 16.67%, 1 response Low Interest 33.33%, 2 responses No Interest 50%, 3 responses Smoking Ordinance Overview High Interest 33.33%, 2 responses Low Interest 0% No Interest 66.67%, 4 responses Engage Denton App High Interest 16.67%, 1 response Low Interest 50%, 3 responses No Interest 33.33%, 2 responses Landfill Landscape Buffer and Tree Planting Update High Interest 16.67%, 1 response Low Interest 50%, 3 responses No Interest 33.33%, 2 responses Code Enforcement/CIS Overview High Interest 33.33%, 2 responses Low Interest 16.67%, 1 response No Interest 50%, 3 responses Denton Animal Shelter Screening for FeLV/FIV High Interest 50%, 3 responses Low Interest 33.33%, 2 responses No Interest 16.67%, 1 response Qualified Voter Requirements High Interest 50%, 3 responses Low Interest 16.67%, 1 response No Interest 33.33%, 2 responses Project Names for Economic Development Projects High Interest 33.33%, 2 responses Low Interest 33.33%, 2 responses No Interest 33.33%, 2 responses Staff segmented survey results into four groupings: 1.Survey topics where at least 50% of respondents indicated “high interest” in a future work session presentation. a.A future work session will be scheduled for these topics. 2.Survey topics where at least 50% of respondents indicated “no interest” in a future work session presentation. a.A future work session is not planned for these topics. 3.Survey topics where at least 50% of respondents indicated “low interest” in a future work session presentation. a.These topics will have a future work session, but are not high priority items. 4.Survey topics where general consensus regarding how to proceed has not been establish. a.Staff is seeking feedback on how to proceed with these items. Staff will discuss topics by category and will request Council feedback to confirm which items should have a future work session. Following that conversation, staff will ask Council how future Strategy Sessions should be structured. 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 EXHIBITS Exhibit 1 – Agenda Information Sheet Exhibit 2 – Work Session Schedule Exhibit 3 – Individual Survey Results Exhibit 4 – Combined Survey Results Exhibit 5 – Council Requests for Information Exhibit 6 – Presentation Respectfully submitted: Rachel Wood Assistant to the City Manager Gerard Hudspeth Don Duff Chris Watts City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1805,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and provide staff direction regarding a potential future policy for meetings between members of the City Council and developers or groups requesting economic development incentives. City of DentonPage 1 of 1Printed on 10/19/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: CM: Todd Hileman DATE: October 23, 2018 SUBJECT Receive a report, hold a discussion, and provide staff direction regarding a potential future policy for meetings between members of the City Council and developers or groups requesting economic development incentives. BACKGROUND During the October 9 work session, City Council discussed their individual engagement with members of the development community. That discussion focused on the need to increase transparency in the development process by providing the entire City Council with all pertinent information, including details discussed during individual meetings with developers, in advance of development decisions. At the conclusion of the conversation, the City Council directed staff to recommend a policy to promote transparency for Council interactions with developers and entities or groups requesting economic development incentives. RECOMMENDATION Staff recommends the adoption of a policy requiring that City staff accompany Council Members to all meetings concerning the following: Meetings with developers proposing an initial zoning, rezoning, specific use permit, or alternative environmentally sensitive area plan. Meetings with individuals, groups, or entities requesting an economic development incentive or special consideration. Any other meeting with a developer, group, or entity where City Council will be asked to take future development-related action on the item(s) discussed. City staff will take minutes of these meetings; listing the purpose of the meeting, specific requests made of the City, and any follow-up items discussed. The City Managers Office, in collaboration with the City Attorneys Office, will develop a standardized form to document such meetings. Minutes will be forwarded to the appropriate department head, the City Managers Office, and included in a summary fashion with related agenda items. Council Members agree to not meet with a developer, person, or entity requesting any type of incentive or special consideration, outside of the agreed upon process. Based on the direction provided, staff will ask Council to consider a resolution to adopt a policy at the November 6 City Council meeting. Related Key Focus Area: Organizational Excellence EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Presentation Respectfully submitted: Rachel Wood Assistant to the City Manager City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1390,Version:1 AGENDA CAPTION Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberateanddiscusstheevaluation,duties,discipline,procedures,andcontractsoftheCityAttorneyandCity Manager. City of DentonPage 1 of 1Printed on 10/18/2018 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1768,Version:1 AGENDA CAPTION Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the evaluation, duties, and appointment of an interim Municipal Judge. City of DentonPage 1 of 1Printed on 10/18/2018 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1783,Version:1 AGENDA CAPTION Consultation with Attorneys - Under Texas Government Code Section 551.071. ReceiveinformationfromtheCity’sattorneysanddiscusslegalstatus,expensesandstrategyinCauseNo.DC- 17-08139,styled“MichaelGrimandJimMaynardv.CityofDenton,Texas”pendinginthe68thJudicial DistrictCourt,DallasCounty,Texas;whereadiscussionoftheselegalmattersinanopenmeetingwould conflictwiththedutyoftheCity’sattorneystotheCityofDentonandtheDentonCityCouncilundertheTexas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of DentonPage 1 of 1Printed on 10/19/2018 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1724,Version:1 AGENDA CAPTION Resolution of Appreciation for Judge Robin Ramsay City of DentonPage 1 of 1Printed on 10/18/2018 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1672,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheCityManagertoexecuteacontractforthesupplyofVoluntaryDentalandVoluntaryVision InsurancefortheCityofDenton;providingfortheexpenditureoffundstherefor;andprovidinganeffective date(RFP6826-VoluntaryDentalInsuranceawardedtoDeltaDentalInsuranceCompanyforthree(3)years, withtheoptionfortwo(2)additionalyearsinthetotalfive(5)yearnot-to-exceedamountof$6,509,000and VoluntaryVisionInsuranceawardedtoUnitedHealthcareServices,Inc.forthree(3)years,withtheoptionfor twoadditionalyears,inthetotalfive(5)yearnottoexceedamountof$625,600).Theactualcostwillbe determinedbythenumberofemployeesandretireeselectingcoverageandthelevelofcoverageselected.The coverageforDentalandVisionisvoluntaryandisdeterminedbytheactualvoluntaryemployeeparticipation. This is a pass through cost that is paid by the employee or retiree. City of DentonPage 1 of 1Printed on 10/19/2018 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: October 23, 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 a contract for the supply of Voluntary Dental and Voluntary Vision Insurance for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 6826- Voluntary Dental Insurance awarded to Delta Dental Insurance Company for three (3) years, with the option for two (2) additional years in the total five (5) year not-to-exceed amount of $6,509,000 and Voluntary Vision Insurance awarded to United Healthcare Services, Inc. for three (3) years, with the option for two (2) additional years, in the total five (5) year not to exceed amount of $625,600). The actual cost will be determined by the number of employees and retirees electing coverage and the level of coverage selected. The coverage for Dental and Vision is voluntary and is determined by the actual voluntary employee participation. This is a pass through cost that is paid by the employee or retiree. RFP INFORMATION /BACKGROUND The City requested competitive proposals for Voluntary Dental and Vision benefits for employees and retirees Dental and the Voluntary Vision benefits are paid 100% by the employee or retiree. Dental - Dental benefits have been provided through Aetna since January 1, 2016. While Aetna has been a good partner during this time period, the last of our one-year renewals ends on December 31, 2018. Therefore, RFP 6826 was sent out to the dental and vision insurance markets. The City received responses to the RFP from five (5) dental companies. Table 1 below lists the companies that responded, as well as the comparison of the proposed prices for the dental benefits as compared to the current cost through Aetna: Table 1 Proposed Dental Rates Company Increase (Decrease) to Current Rates Aetna (Incumbent) 8% Blue Cross Blue Shield 16.20% Delta Dental Same as expiring rates MetLife Same as expiring rates United Healthcare 3.75% A detailed analysis of the proposals received from the five (5) companies, including the Best and Final Offer (BAFO) results, can be found in Exhibit 2. All Voluntary Dental and Vision proposals were reviewed and scored by an evaluation team that included taff members from Human Resources and Purchasing. Based on our evaluation of the proposals, both staff and our benefits consultant, McGriff, Seibels, & Williams, are recommending purchasing Voluntary Dental Insurance from Delta Dental Insurance Company. Delta keeps monthly premiums at the same level as our expiring contract with Aetna which means no rate increases for employee/retirees. Delta also proposed a rate guarantee through the end of 2020, with a 6% rate increase cap in years three (3) through five (5). Additionally, services as an ancillary line of coverage to their core insurance products. Vision Vision benefits have been provided through Davis Vision since January 1, 2016. While Davis Vision has been a good partner during this time period, the last of our one-year renewals ends on December 31, 2018. Therefore, RFP 6826 was sent out to the dental and vision insurance markets. The City received responses to the RFP from seven (7) vision companies. Table 1 below lists the companies that responded, as well as the comparison of the proposed prices for the vision benefits as compared to the current cost through Davis Vision: Table 1 Proposed Dental Rates Company Increase (Decrease) to Current Rates Davis Vision (Incumbent) 37.08% Aetna 50.54% Avesis 12.98% Blue Cross Blue Shield 29.55% Dearborn 31.39% MetLife 37.08% United Healthcare (7.41%) A detailed analysis of the proposals received from the seven (7) companies, including the Best and Final Offer (BAFO) results, can be found in Exhibit 2. Based on our evaluation of the proposals, both staff and our benefits consultant, McGriff, Seibels,& Williams, are recommending purchasing Voluntary Vision Insurance from United Healthcare (UHC). UHC is the only company that proposed a rate decrease. This means that our employee and retirees will experience savings on their monthly premiums. UHC also proposed a three (3) year rate guarantee. The City has used UHC for Voluntary Vision Insurance previously (before Davis Vision, the current vendor) and were pleased with their service and the benefits provided. Additionally, by adding the UHC Voluntary Vision product line we will save $1.00 Per Employee Per Month (PEPM) on our health plan administrative fee since UHC serves as the third-party administrator for that benefit as well (approximately $15,600 in savings). The benefits under the new plans are essentially the same as those offered by the prior carriers with no substantive changes. In most cases, any changes will be a positive for employees, retirees and their dependents. Requests for Proposals was sent to 170 prospective suppliers of this item. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Seven (7) proposals were received and evaluated based upon published criteria including compliance with specifications, probable performance and price. Based upon this evaluation, Delta Dental Insurance Company and United Healthcare Services, Inc. were ranked the highest and determined to be the best value for the City (Exhibit 2). RECOMMENDATION Award a contract with Delta Dental Insurance Company, for the provision of Voluntary Dental Insurance, for three (3) years, with the option for two (2) additional years in the total five (5) year not-to-exceed amount of $6,509,000. Award a contract with United Healthcare Services, Inc., for the provision of Voluntary Vision Insurance, for three (3) years, with the option for two (2) additional years, in the total five (5) year not to exceed amount of $625,600. PRINCIPAL PLACE OF BUSINESS Delta Dental Insurance Company United HealthCare Services, Inc. Highland Village, TX Minnetonka, MN ESTIMATED SCHEDULE OF PROJECT Services under this contract will begin January 1, 2019. This is an initial three (3) year contract with options to extend the contract for two (2) years, with all terms and conditions remaining the same. FISCAL INFORMATION These services will be funded from account 850500.6152 for Voluntary Dental Insurance. The budgeted amount for this item for Fiscal Year 2018/2019 is $1,215,000. These services will be funded from account 850500.6154 for Voluntary Vision Insurance. The budgeted amount for this item for Fiscal Year 2018/2019 is $137,000. 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: 1.2 Develop a high-performance work force EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2a: Pricing Evaluation - Dental Exhibit 2b: Pricing Evaluation - Vision Exhibit 3a: Ordinance and Dental Contract Exhibit 3b: Vision Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Scott Payne, Risk Manager, 940-349-7836 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1673,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheCityManagertoexecuteacontractthroughtheDepartmentofInformationResources(DIR) CooperativePurchasingNetworkContractNumberDIR-TSO-3553forthesupplyofOnlinePerformance ManagementandLearningManagementSoftwarefortheCityofDenton;providingfortheexpenditureof fundstherefor;andprovidinganeffectivedate(File6913-awardedtoCornerstoneOnDemand,Inc.,intheone (1) year not-to-exceed amount of $71,000). City of DentonPage 1 of 1Printed on 10/19/2018 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: October 23, 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 a contract through the Department of Information Resources (DIR) Cooperative Purchasing Network Contract Number DIR-TSO-3553 for the supply of Online Performance Management and Learning Management Software for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (File 6913 - awarded to Cornerstone OnDemand, Inc., in the one (1) year not-to-exceed amount of $71,000). INFORMATION /BACKGROUND In 2014, the City started a Leadership Excellence Enhancement Program (LEEP). LEEP participants were required to attend approximately a year of classroom training as well as complete a project. One of the projects chosen focused on performance management. The LEEP group addressed several concerns with the performance review process the City had at the time in a report and presentation to the City Council on July 9, 2015. Their recommendations included the following goals: 1. Prioritize performance management; 2. Simplify the process, collaboration, and compliance; 3. Identify support and resources; and 4. Invest in systems. They specifically recommended the purchase and implementation of performance management and learning management software in order to accomplish strategic and operational goals. As a result, the City contracted with Cornerstone OnDemand, Inc. to provide online performance management and learning management solutions beginning in FY 15/16. This was a three-year contract with an October 20, 2018, expiration date. Cornerstone is one of several software solutions the Human Resources Department utilizes for its core services. Having multiple software solutions is inefficient and creates several challenges for the organization. As a result, Human Resources staff and Technology Services staff worked collaboratively to find a different solution through Oracle, which was included on the October 9, 2018, Council agenda for approval. The software will be implemented in phases and full implementation (including staff training) will take approximately a year. As such, the contract with Cornerstone needs to be renewed for FY 18/19 to avoid a disruption in the performance management and learning management processes. Staff prepared an Informal Staff Report (ISR), which was included in the October 5, 2018, Friday report that provided more information about the benefits of the new Oracle software solution. As mentioned in that ISR, the goal is to consolidate the funds spent on Cornerstone and another software that we utilize as our applicant tracking system (NEOGOV), as well as the JDE maintenance cost (for the Human Resources module), to fund Oracle HCM beginning in FY 19/20; therefore, there will be no new costs to the City in future years. In fact, by implementing Oracle HCM, there will be a net savings of approximately $60,000 over a five-year period. However, it will take approximately a year to implement Oracle HCM. Therefore, we are requesting a contract renewal with Cornerstone. As a result, there will be an additional cost of $71,000 in FY 18/19. Pricing obtained through the Department of Information Resources (DIR) Cooperative Purchasing Network has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. RECOMMENDATION Award a contract with Cornerstone OnDemand, Inc. , for the supply of Online Performance Management and Learning Management Software, in a one (1) year not-to-exceed amount of $71,000. PRINCIPAL PLACE OF BUSINESS Cornerstone OnDemand, Inc. Santa Monica, CA ESTIMATED SCHEDULE OF PROJECT This is a one (1) year contract. FISCAL INFORMATION These services will be funded from account 150001-7804. The budgeted amount for this service is $71,000. 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: 1.2 Develop a high-performance work force EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Carla Romine at 940-349-8340 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1680,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcooperation, authorizingtheCityManagertoexecuteacontractthroughtheBuyBoardCooperativePurchasingNetwork ContractNumber515-16,forHoltCaterpillar(CAT)equipmentrepairservicesfortheCityofDentonFleet ServicesDepartment;authorizingtheexpenditureoffundstherefor;andprovidinganeffectivedate(File6878- awardedtoHoltTexas,LTD,forone(1)year,withtheoptionfortwo(2)additionalone(1)yearextensions,in a total not-to-exceed amount of $375,000 for all years). City of DentonPage 1 of 1Printed on 10/19/2018 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: October 23, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal cooperation, authorizing the City Manager to execute a contract through the Buy Board Cooperative Purchasing Network Contract Number 515-16, for Holt Caterpillar (CAT) equipment repair services for the City of Denton Fleet Services Department; authorizing the expenditure of funds therefor; and providing an effective date (File 6878 - awarded to Holt Texas, LTD, for one (1) year, with the option for two (2) additional one (1) year extensions, in a total not-to-exceed amount of $375,000 for all years). BACKGROUND This item is for contracted repair work for City owned CAT equipment and machinery. The City of Denton has purchased CAT equipment for use by various departments, including Solid Waste, for many years. There are currently thirty-three (33) CAT units in the City fleet. Fleet Services department technicians are authorized to work on CAT equipment; however, some repairs require specialized services that can only be performed by an authorized CAT repair facility. These services include all warranty work, internal engine repairs, and repairs that require proprietary software all of which will increase as more services are required. Fleet Services contracted more than $92,000 in equipment repairs to Holt CAT in FY17/18 and estimate that number to increase over the three year term of the recommended contract. Holt CAT of Texas is the authorized Caterpillar repair facility for this area and provides repair services through Buy Board Purchasing Network Contract# 515-16. Pricing obtained through the Buy Board Cooperative Purchasing Network has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. RECOMMENDATION Award a contract with Holt Texas, LTD for repair work for CAT equipment and machinery, in a three (3) year not-to-exceed amount of $375,000. PRINCIPAL PLACE OF BUSINESS Holt Texas, LTD San Antonio, TX ESTIMATED SCHEDULE OF PROJECT This is an initial one (1) year contract with options to extend the contract for two (2) additional one (1) year periods, with all terms and conditions remaining the same. FISCAL INFORMATION The 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: 1.1 Manage financial resources in a responsible manner EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Terry Kader at 940-349-8729 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1682,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheCityManagertoexecuteacontractwithJamesWoodAutopark,Inc.,forthesupplyofpolice patrolandsupervisorvehiclesfortheCityofDentonPoliceDepartment;providingfortheexpenditureoffunds therefor;andprovidinganeffectivedate(IFB6863-awardedtoJamesWoodAutopark,Inc.,inthethree(3) year not-to-exceed amount of $2,100,000). City of DentonPage 1 of 1Printed on 10/19/2018 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: October 23, 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 a contract with James Wood Autopark, Inc., for the supply of police patrol and supervisor vehicles for the City of Denton Police Department; providing for the expenditure of funds therefor; and providing an effective date (IFB 6863 - awarded to James Wood Autopark, Inc., in the three (3) year not-to-exceed amount of $2,100,000). BID INFORMATION /BACKGROUND This bid is to establish an annual supply agreement for the purchase of police patrol and supervisor vehicles completely out fitted for the Police Department. Since 2010, Fleet Services has standardized the police patrol fleet to the SUV platform for many reasons including longevity, durability and reduced maintenance costs. Current fleet metrics forecast the need for the Denton Police Department to purchase approximately ten (10) patrol units and three (3) supervisor vehicles annually as replacements during the next three (3) year period. Invitation for Bids was sent to 59 prospective suppliers of this item. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Two (2) bids meeting specification were received. The lowest bid was received by James Wood Autopark, Inc. In addition, there are a number of value-added services that are provided at no cost. Two (2) yearsof complimentary scheduled preventative maintenance, vehicle pickup and delivery, inspection and condition reports and courtesy vehicle washes provided with each visit. This bid also includes a 10% discount on body and paint repair and a 15% discount on non-warranty parts and service performed through this local vendor. RECOMMENDATION Award a contract with James Wood Autopark, Inc., for the supply of police patrol and supervisor vehicles for the Police Department, in the three (3) year not-to-exceed amount of $2,100,000. PRINCIPAL PLACE OF BUSINESS James Wood Autopark, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT The delivery time for police vehicles varies and is estimated to be 120 days depending on the type of equipment to be installed. FISCAL INFORMATION All purchases will be approved through the individual jobs will be set up for each department after funding is available at the beginning of the new fiscal year. Not to exceed amount of contract is based on estimated vehicle and equipment replacements and additions for the life of the contract. The purchase and delivery of the vehicles will occur within 120 days of issuance of a purchase order. 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: 1.1 Manage financial resources in a responsible manner EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Bid Tabulation Exhibit 3: FY18-19 List of Items being Replaced Exhibit 4: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Terry Kader at 940-349-8729 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1684,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheCityManagertoexecuteatwelvemonthleaseagreementthroughtheDepartmentof InformationResources(DIR)CooperativePurchasingNetworkContractNumberDIR-TSO-3041withRicoh- USA,Inc.forproductionprintingequipmentfortheCityofDentonReprographicsdivision;providingforthe expenditureoffundstherefor;andprovidinganeffectivedate(File6889-awardedtoRicohUSA,Inc.inthe one (1) year not-to-exceed amount of $81,293.04). City of DentonPage 1 of 1Printed on 10/19/2018 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: October 23, 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 a twelve month lease agreement through the Department of Information Resources (DIR) Cooperative Purchasing Network Contract Number DIR-TSO-3041 with Ricoh-USA, Inc. for production printing equipment for the City of Denton Reprographics division; providing for the expenditure of funds therefor; and providing an effective date (File 6889 - awarded to Ricoh USA, Inc. in the one (1) year not-to-exceed amount of $81,293.04). FILE INFORMATION /BACKGROUND The currently utilizes a Ricoh MPC4503, Pro 8100S, and Ricoh 7110SX for City print production services. The lease has expired, and staff requested a lease renewal to include all parts, labor, and supplies for the existing equipment. Ricoh-USA, Inc. provided a quote for a one-This allows the Department to remain flexible in the delivery of services, and the customer service level provided over the term of the contract. Additionally, switching vendors would require the removal of the current equipment and installation of the new equipment which would have an impact on the operations. Pricing obtained through the Department of Information Resources (DIR) Cooperative Purchasing Network has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On September 15, 2015, Council approved the initial contract for a three-year lease (Ordinance 2015-285). RECOMMENDATION Award a contract with Ricoh USA, Inc., for the supply of production printing equipment i n the one (1) year not-to-exceed amount of $81,293.04. PRINCIPAL PLACE OF BUSINESS Ricoh USA, Inc. Dallas, TX ESTIMATED SCHEDULE OF PROJECT This is a one (1) year contract. FISCAL INFORMATION These services will be funded from account 103100.6306. Requisition #140250 has been entered into the Purchasing software system in the amount of $81,293.04. The budgeted amount for this item is $92,000. 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: 1.4 Achieve high level of customer satisfaction EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Charlie Rosendahl at 940-349-8433 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1709,Version:1 AGENDA CAPTION ConsiderapprovalofaresolutionrepealingtheCityofDenton’smultipledepartmentalsponsorshippolicies, referencenumbers17-050,18-095and18-224;replacingtherepealedsponsorshippolicieswithone consolidated city sponsorship policy; and providing an effective date. City of DentonPage 1 of 1Printed on 10/19/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Finance DCM: Bryan Langley DATE: October 23, 2018 SUBJECT Consider approval of a policies, reference numbers 17-050, 18-095, and 18-224; replacing the repealed sponsorship policies with one consolidated City Sponsorship Policy, and providing an effective date. BACKGROUND Within the last year, the City established separate policies (Exhibit 3) that govern sponsorships for City departments. These sponsorships were funded from the Electric Fund ($50,000), Solid Waste Fund ($22,060), Wastewater Fund ($8,000) and General Fund ($47,500). Upon further review of these funds, Finance determined, with concurrence from the Hotel Occupancy Committee, that sponsorships would only be funded by the Electric Fund ($40,000) and General Fund ($47,500). This was due to the fact that previous funding from Wastewater was for various Keep Denton Beautiful (KDB) programs were related to watershed permitting activities and previous funding from Solid Waste was for recycling outreach and marketing efforts. As such, funding for KDB from will be included as part of a separate management contract to be considered by the City Council. The Solid Waste funds will be managed and expended directly by department staff. In order to manage all designated sponsorships uniformly, these policies are being repealed and replaced into one consolidated City Sponsorship Policy (Exhibit 2). The Electric and General Fund will annually allocate funds out of their annual budget for disbursement to approved sponsorship recipients. A zero balance fund has been created to account and track sponsorship allocations. This fund will be closed out annually with any remaining monies returned to the contributing fund on a prorated basis and will not carry any balance from year to year. RECOMMENDATON None. PRIOR ACTION/REVIEW (Council, Boards, Commissions) By consensus during a work session on June 12, 2018 the City Council delegated the City sponsorships to the Hotel Occupancy Tax Committee. FISCAL INFORMATION Fiscal Year 2018-19 sponsorship budget totals $87,500 in available funds to be allocated to sponsorship requests. 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: 1.1 Manage financial resources in a responsible manner EXHIBITS 1. Agenda Information Sheet 2. City Sponsorship Policy 3. Department Sponsorship Resolutions Respectfully submitted: Antonio Puente, Jr. Director of Finance Prepared by: Randee Klingele Treasury Analyst City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1710,Version:1 AGENDA CAPTION Considerapprovalofaresolutionre-establishingastandingcommitteeoftheCityCouncilofthecityof Denton,TexastobeknownastheHotelOccupancyTax(HOT)andSponsorshipCommitteeandassigningit additional duties; and providing an effective date. City of DentonPage 1 of 1Printed on 10/19/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Finance DCM: Bryan Langley DATE: October 23, 2018 SUBJECT Consider approval of a resolution re-establishing a standing committee of the City Council of the City of Denton, Texas to be known as the Hotel Occupancy Tax (HOT) and Sponsorship Committee and assigning it additional duties; and providing an effective date. BACKGROUND The HOT Committee oversees the expenditures of the Tourist and Convention Fund by annually reviewing applications and budget requests and making recommendation to City Council. On June 12, 2018 this committee assumed the role of overseeing the City sponsorship policy in addition to its original oversight duties of the Tourist and Convention Fund. RECOMMENDATION None. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On June 6, 2009 the City Council approved resolution R2009-015 (Exhibit 3) re-establishing all standing committees of the City Council. Furthermore by consensus during a work session on June 12, 2018 the City Council delegated the City sponsorships to the Hotel Occupancy Tax Committee. FISCAL INFORMATION None. 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: 1.1 Manage financial resources in a responsible manner EXHIBITS 1. Agenda Information Sheet 2. Resolution 3. Resolution 2009-015 Respectfully submitted: Antonio Puente, Jr. Director of Finance Prepared by: Randee Klingele Treasury Analyst City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1713,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, approving a City sponsorship in an amount not to exceed $2,500 of in-kind services and resources for the Denton County Veterans Coalition Stand Down event on Wednesday, October 24, 2018, and Thursday, October 25, 2018, at Denton Civic Center; and providing an effective date. City of DentonPage 1 of 1Printed on 10/19/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation DCM: Bryan Langley DATE: October 23, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, approving a City sponsorship in an amount not to exceed $2,500 of in-kind services and resources for the Denton County Veterans Coalition Stand Down event on Wednesday, October 24, 2018, and Thursday, October 25, 2018, at Denton Civic Center; and providing an effective date. BACKGROUND Denton County Veterans Coalition is a non-profit 501(c)(3) organization that hosts a Stand Down event for homeless Denton County veterans. Set up for the event is Wednesday, October, 24, 2018, from 3:00 p.m. to 7:00 p.m. and the event is held on Thursday, October 25, 2018, from 7:00 a.m. to 3:00 p.m. at Denton Civic Center, located at 321 East McKinney Street. The Stand Down is co-sponsored by the City of Denton. This event helps to identify veterans in need of resources, educational, and vocational support and will include food, live music, and assistance from additional volunteer service organizations. Event organizers anticipate 100 in attendance. Denton County Veterans Coalition is requesting the City of Denton participate as a sponsor for in-kind services and resources for staff, security, and use of Denton Civic Center (Exhibit 4). In exchange for the support, the City of Denton will be considered an event sponsor at a sponsorship level equal to the value ofthe in-kind service rendered. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On October 17, 2017, the City Council authorized sponsorship not to exceed $3,000 under Ordinance 2017- 295. FISCAL INFORMATION The City will waive the following fees and expenses to provide in-kind services, personnel, and resources not to exceed $2,500 and is recognized as a sponsor at the appropriate level. Parks and Recreation Department $1,975 Value based on the rental and cleaning fees for Denton Civic Center, the plaza, and kitchen $224 Value based on the expense for a building attendant Police Department $280 Value based on the expense for a police officer This event represents the first sponsorship request for community events in the current fiscal year. Aprovision added to the Sponsorship Letter alerts event organizers of their responsibility for damages caused to City property, beyond normal wear and tear, during the hosting of their events. 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, 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, 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 Letter Exhibit 4 Letter of Request Respectfully submitted: Gary Packan Director, Parks and Recreation Prepared by: Maria Denison Marketing Administrator City of Denton Parks and Recreation Department 601 E. Hickory St., Suite B, Denton, TX 76201 (940) 349-7275 October 24, 2018 Mr. Raymond Holder Denton County Veterans Coalition P.O. Box 51672 Denton, TX 76205 Dear Mr. Holder: On October 23, 2018, your sponsorship request was approved by City Council in an amount not to exceed $2,500 of in-kind services and resources provided by the City of Denton for the Denton County Veterans Coalition Stand Down event to be held at Denton Civic Center on Thursday, October 25, 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 County Veterans Coalition Stand Down event included in the committeeequest for future sponsorship. The following is a summary of the sponsorship role assumed by the City of Denton and the Denton County Veterans Coalition Stand Down event organizing committee. 1. The Parks and Recreation Department will waive the following fees and expenses to provide in-kind services and resources: $ 1,975 Value based on the rental and cleaning fees for Denton Civic Center, the plaza, and kitchen $ 224 Value based on the expense for a building attendant $ 2,199 Total value of in-kind services and resources 2. The Police Department waives the following expenses to provide in-kind services: $ 280 Value based on the expense for a police officer Denton County Veterans Coalition Stand Down Organizers 1. The Denton County Veterans Coalition will provide all planning, management, and organization for the event. OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 2. 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. 3. 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. 4. 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. 5. Event organizers will charge and collect all Park Vendor's Fee consistent with the City of Denton ordinance and remit these fees within five working days after the event. 6. 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. 7. Vendors are responsible for their own set-up, including tents, lighting, etc., prior to the event. The Department will not provide any labor or equipment for vendors. 8. 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 County Veterans Coalition Stand Down and its continued success. Sincerely, Gary Packan Director, Parks and Recreation I hereby agree to the foregoing conditions required for a City of Denton sponsorship. ____________________________________ __________________________ Denton County Veterans Coalition Date 2 Denton Parks and Rec 321 E. McKinney St. Denton, TX 76201 (940) 349-7275 Authorized On: 09/06/2018 02:58 PM PERMIT #3972 NOTE: Rental LocationPermit HolderAuthorized Agent Denton Civic CenterDenton County Veteran's CoalitionJanie McLeod 321 E. McKinney St.1234 Unknow940-349-7275 Denton, TX 76201Denton, TX 76201parksnrec@cityofdenton.com www.dentonparks.com RESERVATIONS LocationFacilityDateTimeHoursEstimate 03:00 PM-07:00 Denton Civic CenterRotundaWed, Oct 24th 20184.00$400.00 PM 07:30 AM-03:00 Denton Civic CenterPlazaThu, Oct 25th 20187.50$187.50 PM 07:30 AM-03:00 Denton Civic CenterKitchenThu, Oct 25th 20187.50$187.50 PM 07:30 AM-03:00 Denton Civic CenterRotundaThu, Oct 25th 20187.50$750.00 PM Cleaning Fee - Civic Center$400.00 Addons Building Attendant$112.00 Security Fee$160.00 Addons Total$672.00 $2,197.00 TOTAL: CHARGES LOCATIONFACILITYDESCRIPTIONTOTALPAIDBALANCE DUE Denton Civic CenterPlazaOct 25, 2018 7:30 AM-3:00 PM$187.50$0.00$187.50 Denton Civic CenterKitchenOct 25, 2018 7:30 AM-3:00 PM$187.50$0.00$187.50 Denton Civic CenterRotundaOct 25, 2018 7:30 AM-3:00 PM$750.00$0.00$750.00 Denton Civic CenterRotundaCleaning Fee - Civic Center$400.00$0.00$400.00 Denton Civic CenterRotundaBuilding Attendant$112.00$0.00$112.00 Denton Civic CenterRotundaSecurity Fee$160.00$0.00$160.00 $1,797.00$0.00$1,797.00 TOTAL: PROMPT RESPONSES Denton Parks and Rec Facility Rental PERMIT #3972Page Customer Initials: ________________ 1 Permit LocationFacilitiesDateDays Denton Civic Center10/25/2018Thu Rotunda - Will there be alcohol at this event? #1 Response: No Denton Civic Center10/25/2018Thu Rotunda #2 - What time will the alcohol be in the building? Response: na Denton Civic Center10/25/2018Thu Rotunda - What time is the actual event? #3 Response: 8a Denton Civic Center10/25/2018Thu Rotunda #4 - What type of event are you having? Response: Veterans Stand Down Denton Civic Center10/25/2018Thu Rotunda - How many people are you expecting? #5 Response: 100 Denton Civic Center10/25/2018Thu Rotunda - Will you be serving or selling food? #6 Response: No Denton Civic Center10/25/2018Thu Rotunda - Is this event open to the public? #7 Response: Yes Denton Civic Center10/25/2018Thu Rotunda - What time do you need to set up? #8 Response: 7a Denton Civic Center10/25/2018Thu Rotunda - Will you need Tables or Chairs? #9 Response: Yes Denton Civic Center10/25/2018Thu Rotunda - What time is tear down and clean up? #10 Response: 3p Denton Parks and Rec Facility Rental PERMIT #3972Page Customer Initials: ________________ 2 Permit City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1714,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, granting the Denton’s Day of the Dead Festival, pursuant to section 17-20 of the Code of Ordinances, a noise exception on Saturday, October 27, 2018, from 11:00 a.m. to 9:00 p.m. at the corner of Mulberry Street and Industrial Street; granting a variance in amplified sound levels from 70 to 75 dba for an outdoor music festival; and providing an effective date. City of DentonPage 1 of 1Printed on 10/19/2018 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: October 23, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, granting the DDay of the Dead Festival, pursuant to section 17-20 of the Code of Ordinances, a noise exception on Saturday, October 27, 2018, from 11:00 a.m. to 9:00 p.m. at the corner of Mulberry Street and Industrial Street; granting a variance in amplified sound levels from 70 to 75 dba for an outdoor music festival; and providing an effective date. BACKGROUND David Pierce, Creative Director and President of the Day of the Dead Festival, requests an exception to the noise ordinance for a variance in amplified sound levels from 70 to 75 dba on Saturday, October 27, 2018, from 11:00 a.m. to 9:00 p.m. -friendly event with food vendors, bands, coffin Event organizers anticipate 7,500 in attendance. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW On October 17, 2017, City Council approved an exception to the noise ordinance for De Day of the Dead Festival under Ordinance 2017-316. STRATEGIC PLAN RELATIONSHIP 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, 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: Gary Packan Parks and Recreation, Director Prepared by: Maria Denison Marketing Administrator Exhibit 3 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1715,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, granting the Singing Oaks Church of Christ, pursuant to section 17-20 of the Code of Ordinances, a noise exception on Sunday, October 28, 2018, from 2:00 p.m. to 5:00 p.m. at South 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 10/19/2018 powered by Legistar© City of Denton City Hall 285 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation DCM: Bryan Langley DATE: October 23, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, granting the Singing Oaks Church of Christ, pursuant to section 17-20 of the Code of Ordinances, a noise exception on Sunday, October 28, 2018, from 2:00 p.m. to 5:00 p.m. At South Lakes Park; granting a variance in hours of operation for amplified sound levels for an outdoor event; and providing an effective date. BACKGROUND Bob Bentley, on behalf of the Singing Oaks Church of Christ Walk4Water event, requests an exception to the noise ordinance for a variance in hours of operation for amplified sound levels on Sunday, October 28, 2018, from 2:00 p.m. to 5:00 p.m. Walk4Water is a fundraising event to support efforts to provide clean water for thousands of people in Africa and Haiti. This event will include hot dogs, refreshments, fellowship, and light music. Event organizers anticipate 250 in attendance. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW On October 17, 2017, the City Council approved an exception to the noise ordinance under Ordinance 17-296. 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: Gary Packan Parks and Recreation, Director Prepared by: Maria Denison Marketing Administrator Exhibit 3 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1719,Version:1 AGENDA CAPTION ConsiderapprovalofaresolutionrepealingtheCityofDenton’s UseoftheCityHallMeetingSpaces Policy ReferenceNumber500.01,andrepealingthe UseofConferenceRooms PolicyReferenceNumber500.02; incorporatinga UseofCityFacilitiesandMeetingRooms PolicyReferenceNumber500.06,oftheCity’s current policies and procedures; and providing an effective date. City of DentonPage 1 of 1Printed on 10/19/2018 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: October 23, 2018 SUBJECT Consider adoption of a resolution repealing the City Use of the City Hall Meeting Spaces Policy Reference Number 500.01, repealing the Use of Conference Rooms Policy Reference Number 500.02 and replacing both with a single consolidated Use of City Facilities and Meeting Rooms Policy BACKGROUND two policies relating to the use of City of Denton facilities and meeting rooms were originally adopted in the 1980s and last updated in 2001. Staff determined there were a number of inconsistencies between the policies and current practice. Several meetings were held with various departments to discuss the current policies and possible clarifications and modifications. Based upon the feedback, a comprehensive policy was drafted and submitted for review and input by the Policy Review Committee. The Policy Review Committee is comprised of approximately 25 employees at various levels representing different departments/divisions. The members are asked to distribute the proposed changes to individuals in their area and solicit comments, questions, and concerns regarding the proposed changes. The proposed Policy 500.06, included as Exhibit 3, would improve transparency in the process for those seeking to use City meeting rooms. The following changes have been incorporated: Expanded the policy scope to include all City facilities and meeting rooms currently available for public use. Eliminated the former policy sections governing the scheduling and internal use of meeting rooms which are no longer necessary with online room scheduling functionality now available through Microsoft Outlook. Included general guidelines that apply to all available facilities in Section 1.1, with specific guidelines included for individual departments. Included a section for each facility in the policy to describe the role of that facility and ensure that requests made for the use of the facilities are appropriate for their purpose. Established priorities for guidance on the ranking of reservations. These priorities are coordinated with the purpose and intended use of each facility and will assist departments in dealing with reservation conflicts. Generally, meeting rooms are made available first to City programs, staff, and boards and commissions. Included fees associated with the reservation of a room and under which conditions those fees would be applied. Facilities that require fees are for events that benefit an individual or small group (e.g., social events). Events that are for a civic purpose or benefit the larger community (e.g., non-profits, other governmental agencies, City meetings) do not have a fee, excluding Parks and Recreation facilities, unless the City incurs costs outside of normal operations (e.g., overtime for building attendants or DTV personnel). Created a reservation application for use by departments that currently do not have an application, included in the Policy as Attachment B. From a user perspective, this will increase consistency in the procedures for reservation of a room. An Informal Staff Report was provided in the June 8, 2018 Friday Report including a draft policy. City Council feedback was received on the Policy and the following additional changes were made: Amended Attachment B of the Policy to add language that the applicant confirms the information on the application is true, they will abide by the stipulations, and have read the policy requirements. Included cost information for the Health Permit and estimated insurance cost, if required. Working with the staff building attendants to create pre- and post-event checklists. A listing of available meeting rooms for use including available amenities and capacities is Attachment A in the Policy. RECOMMENDATION Staff recommends adoption of the resolution which would repeal with a single consolidated incorporates department policies for use of city-owned facilities and meeting rooms so that there is one comprehensive city-wide policy for reference. PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 8, 2018- An Informal Staff Report including a draft policy was in the Friday Report. 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: 1.4 Achieve high level of customer satisfaction EXHIBITS Exhibit 1- Agenda Information Sheet Exhibit 2- Resolution Exhibit 3- Policy 500.06 Use of City Facilities and Meeting Rooms Exhibit 4- Policy 500.01 Use of City Hall Meeting Spaces Exhibit 5- Policy 500.02 Use of Conference Rooms Exhibit 6- ISR 2018-068 Respectfully submitted: Sarah Kuechler Director of Public Affairs Prepared by: Charlie Rosendahl Management Analyst CITY OF DENTON POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE POLICY STATEMENT DEFINITIONS: POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE:USE OF CITY FACILITIES AND MEETING ROOMS 500.06 GUIDELINES 1.General: 1.1.Use of all facilityor meeting rooms are subject to the following guidelines: POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE:USE OF CITY FACILITIES AND MEETING ROOMS 500.06 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE:USE OF CITY FACILITIES AND MEETING ROOMS 500.06 2.Main City Hall Guidelines 2.1.Purpose: 2.2.Priorityof usefor City Hall meeting rooms: 2.3.Use of City Hall meeting roomsare subject to the following guidelines in addition to Section 1.1of this policy: 2.4.Fees Schedule: POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE:USE OF CITY FACILITIES AND MEETING ROOMS 500.06 3.Public Library Guidelines 3.1.Purpose: 3.2.Priorityof use for Public Library meeting rooms: 3.3.Use of public library meeting rooms are subject to the following guidelines in addition to Section 1.1of this policy: POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE:USE OF CITY FACILITIES AND MEETING ROOMS 500.06 3.4.Fees Schedule: 4.Fire Department Guidelines 4.1.Purpose: 4.2.Priorityof use for Fire Department meeting rooms: 4.3.Use of Fire Department meeting rooms are subject to the following guidelines in addition to Section 1.1of this policy: 4.4.Fees Schedule: POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE:USE OF CITY FACILITIES AND MEETING ROOMS 500.06 5.Police Training Center Guidelines 5.1.Purpose: 5.2.Priorityfor use of Police Training Center meeting rooms: 5.3.Use of Police Training Center meeting rooms are subject to the following guidelines in addition to Section 1.1of this policy: 5.4.Fees Schedule: 6.Parks Facilities Guidelines 6.1.Purpose: POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE:USE OF CITY FACILITIES AND MEETING ROOMS 500.06 6.2.Priorityfor use of Parks and Recreation facilities: 6.3.Use of Parks facilities are subject to the following guidelines in addition to Section 1.1 of this policy: POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE:USE OF CITY FACILITIES AND MEETING ROOMS 500.06 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE:USE OF CITY FACILITIES AND MEETING ROOMS 500.06 6.4.Fees Schedule POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE:USE OF CITY FACILITIES AND MEETING ROOMS 500.06 Facility and Meeting Room Fee Schedule Type of FeeRate Police Training Center Rental Rate Classroom Defensive Tactics Room Driving Simulators Force Simulator Operator Option for Driving Simulator or Force Simulator General Liability Insurance Attachment B APPLICATIONFORUSEOFCITY OF DENTONMEETINGROOM meetingonly Organizationsareresponsibleforbringingtheirownpapergoods,servingware,andrefreshments. Theundersignedagreesonbehalfoftheabove-namedorganizationtobefinanciallyresponsibleforany damage orlosssustainedtoCity of Dentonpropertywhilebeingusedbytheindividualor organizationtocomply with all rulesandregulations setforthintheCity of Denton Policy 500.06,andtoreturntheroomtotheoriginal condition.The undersigned also agrees to pay the above fee for building attendant/Cable TV staff member(s)if applicable.Additionally, if applicable, the undersigned agrees to provide evidence ofgeneral liability insurance inthe minimum amount of $500,000 naming the City of Denton as an Additional Insured prior to the use of the room. I,astheleasing individual and as the Organizatiodesignee,agreethat the information thathas been submitted is true,toabidebytheabovestipulations, andthat Ihave read and understand the requirements stated in City of Denton Policy 500.06. Printed Name SignatureofpersonacceptingresponsibilityAND Position if signing for organization Date CITY OF DENTON POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: GENERAL POLICIES/PROCEDURES/DIRECTIVES REFERENCE NUMBER: 500.01 SUBJECT: USE OF CITY FACILITIES INITIAL EFFECTIVE DATE: 04/13/82 TITLE: USE OF THE CITY HALL MEETING SPACES LAST REVISION DATE: 12/12/01 POLICY STATEMENT: The City of Denton conference rooms (See Section 500.02 for rooms available) and meeting rooms located in various City facilities are primarily used for the City Council, Board Meetings, and City organizational meetings. It is intended that the City meeting rooms be used to the fullest extent for these primary purposes and then made available to other users on a limited basis. The City reserves the right to cancel any scheduled activity at any time that conflicts with the primary purpose of the meeting rooms. DEFINITIONS: Building Attendant: Abuilding attendant is required at all meetings that are not staff sponsored, taking place after 5:00 p.m. and on weekends. This person shall be responsible for the operation of the building and will not perform personal services in conjunction with the activity or event. Basic Audiovisual option: This option includes lights, sound system, and an overhead document camera. Arrangements must be made for an explanation of the operation of these systems with the city’s cable television producer at least one week in advance of scheduled activity. Additional Audiovisual option: In addition to the systems included in the basic audiovisual option, this option includes audio and video taping capabilities, video presentations, slide presentations, and computer presentations. Cable television staff member is required when choosing this option and arrangements to use these services must be made at least one week in advance by contacting the city’s cable television producer. Cable TV staff member: The cable television staff member is required when using the additional audiovisual option. They will assist in the usage of slides, tapes, recordings, and computer presentations. The consultant is subject to availability and arrangements to use these expanded services must be made at least one week in advance by contacting the city’s cable television producer. Regular business hours: Regular business hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding City holidays. Resident: A resident is one who lives within the city limits of Denton. Minimum age: A person must be eighteen years or older to use the City Council Chambers. Page 2 of 3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: USE OF THE CITY HALL MEETING SPACES REFERENCE NUMBER; 500.01 The City Manager’s Office is responsible for meeting spaces located within City Hall and has the authority to enter into agreements for the use of meeting rooms in accordance with the established rules and regulations. 1.Rooms will be authorized for use so as to make the facilities available for the best interest of the community. The frequency with which one group may utilize the city meeting spaces is at the discretion of the City. Agreements will not be made which involve repetitive dates, which would tend to eliminate other meetings or gatherings. 2.The City Manager’s Office has a use agreement (external/public) and room use form (internal/staff), which must be completed in full by any group who wishes to use rooms in City Hall. Verbal agreements will not be honored. 3.Users shall comply with all the laws of the United States, the State of Texas, all ordinances of the City of Denton, and all rules and regulations of the Police and Fire Departments and other municipal authorities of the City of Denton. 4.Representatives from the City of Denton have the right to enter any portion of the rooms for any purpose whatsoever any time during a scheduled event or activity. At all times the rooms shall be under the charge and control of the City Manager or his representative. 5.During all public activities and events, the city building attendant must be on premises. Any staff event attended by 50+persons may require the building attendant. See fee listing for building attendant fee. The building attendant is not responsible for performing any personal services in conjunction with any activity or event. 6.After any event or activity, the user is responsible for removing all his or her effects from the building including decorations, equipment, and waste. 7.The City Manager or his representative has the right to have objectionable persons removed from the premises. 8.The user shall not admit to the meeting spaces a larger number of persons than are permitted by the fire code. 9.No refreshments shall be served in the City Council Chambers. In no event shall alcoholic beverages be permitted in any city facilities unless otherwise noted. 10.City of Denton facilities are smoke-free facilities in accordance with Ordinance Number 86-69. 11.User will assure that persons attending the scheduled activity not enter any of the offices in the building. Page 3 of 3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: USE OF THE CITY HALL MEETING SPACES REFERENCE NUMBER: 500.01 12.The City has the right to refuse use of any room to any group if the proposed event conflicts with the intended use of the building, is in conflict with established policies, or is in conflict with any confirmed reservation. 13.The City shall reserve the right to deny the use of any meeting spaces to any organization, group, or individual who willfully misuses, abuses, or damages it. 14.Public reservations for use of meeting spaces will be accepted on a first come and first serve basis. No public group or individual will be given preference or priority. 15.A public reservation may not be made more than six months in advance or less than 14 days of the date requested. 16.Meeting spaces are not available for use on City holidays and days on which Council and Board meetings are scheduled. The room may be used between the hours of 8:00 a.m. to 11:00 p.m. 17.Meetings scheduled during working hours (8:00 a.m. to 5:00 p.m.) shall not be allowed to be conducted in a manner, which is disruptive to or interferes with the work of city employees. 18.A complement of audio/visual equipment is available for use within the City Council Chambers. Responsibility for its safe and proper use rests with the organization using the facility. It is the responsibility of the reserving organization to get instruction on the use of basic A/V equipment during regular City Hall hours. 19.The City reserves the right to determine if police security is required during a scheduled activity. The City of Denton will determine the number of officers and hours required. The user is responsible for this expense and will pay the security officer on the day of the event by separate check. NON-DENTON RESIDENTS All non-Denton resident use agreements shall be at the discretion of the City of Denton. CITY OF DENTON PAGE 1 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: SECTION: GENERAL POLICIES/PROCEDURES/DIRECTIVES 500.02 INITIAL EFFECTIVE DATE: SUBJECT: USE OF CITY FACILITIES 09/01/84 LAST REVISION DATE: TITLE: USE OF CONFERENCE ROOMS ADMINISTRATIVE DIRECTIVE: A variety of conference rooms is available to City employees under the conditions of this administrative directive for the transaction of City business. (See Attachment A for rooms and availability.) I. RULES APPLICABLE TO ALL CONFERENCE ROOMS AND MEETING AREAS The following rules are applicable when using any of the above conference rooms or meeting areas. User departments shall: A. Schedule conference rooms and meeting areas well in advance to ensure availability; B. Make cancellations at the earliest possible time in order to allow other departments/divisions to use the facilities; C. Deliver and set up any additional tables, chairs, or equipment that are needed but not normally provided with the meeting area or conference room; D. Not disturb or disrupt in any manner the operations of host departments or divisions; E. Remove immediately after meeting all litter, trash, equipment, material, etc., and clean any tables, chairs, carpets, ashtrays, dishes, etc., that are dirtied during use of the facility; F. Reimburse the host department for any damage to conference room facilities or equipment caused by the user department's activities; G. Secure the meeting area or the conference room after use of the facility has ended. HR/POLICY/500.02 Date: June 8, 2018 Report No. 2018-068 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Update to policies regarding the use of City of Denton facilities and meeting rooms. EXECUTIVE SUMMARY: Staff reviewed the policies relating to use of City facilities and meeting rooms and determined that there was a lack of consistency between the current policies and practices. The updated policy will improve transparency in the availability of meeting rooms for use by other entities and increase the overall customer service that is provided. It is City Hall Meeting Spaces repealed and replaced with a consolidated e of City Facilities and Meeting The proposed consolidated Policy also incorporates department policies for use of city- owned facilities and meeting rooms so that there is one comprehensive city-wide policy for reference. The original policies were adopted in the early 1980s and the last update was made in 2001 to internal use of meeting rooms. DISCUSSION: Staff held several meetings with various departments to discuss current policies, discuss modifications, and combine various policies into one policy. A comprehensive policy was drafted and submitted for review and input by the Policy Review Committee. The Policy Review Committee is comprised of approximately 25 employees at various levels representing different departments/divisions. The members are asked to distribute the proposed changes to individuals in their area and solicit comments, questions, and concerns regarding the proposed changes. Feedback from the Committee has been incorporated into the policy, although no significant feedback was received. The following changes have been made: The policy scope has been expanded to include all City facilities and meeting rooms currently available for public use. With online room scheduling functionality now available through Microsoft Outlook, a policy governing the scheduling and internal use of meeting rooms is no longer necessary. General guidelines that apply to all available facilities are included in Section 1.1 and specific guidelines are included for individual departments. The purpose of each facility is included in the policy to describe the role of that facility and ensure that requests made for the use of the facilities are appropriate for their purpose. Date: June 8, 2018 Report No. 2018-068 Priorities were established for guidance on the ranking of reservations. These priorities are coordinated with the purpose and intended use of each facility and will assist departments in dealing with reservation conflicts. A reservation application has been created for use by departments that currently do not have an application. From a user perspective, this will increase consistency in the procedures for reservation of a room. Fees associated with the reservation of a room and under which conditions those fees would be applied are included in the policy. A separate fee schedule is attached to the policy to easily modify the fees in the future rather than update the entire policy. Facilities that require fees are for events that benefit an individual or small group (e.g., social events). Events that are for a civic purpose or benefit the larger community (e.g., non-profits, other governmental agencies, City meetings) do not have a fee, unless the City incurs costs outside of normal operations (e.g., overtime for building attendants or DTV personnel). CONCLUSION: Staff plans to bring forward a recommendation and resolution to City Council on July 17, 2018 to adopt the new policy and incorporate Use of City Facilities and Meeting Rooms (Reference number 500.06) of City Hall Meeting Spaces and Use of Conference Rooms policies (Reference number 500.01 and 500.02). ATTACHMENT(S): 1. STAFF CONTACT: Sarah Kuechler Director of Public Affairs Sarah.Kuchler@cityofdenton.com 940-349-8356 Page 1 of 10 CITY OF DENTON POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: SECTION: GENERAL POLICIES/PROCEDURES/DIRECTIVES 500.06 INITIAL EFFECTIVE DATE: SUBJECT: USE OF CITY FACILITIES LAST REVISION DATE: TITLE: USE OF CITY FACILITIES AND MEETING ROOMS POLICY STATEMENT Certain City of Denton (City) facilities and meeting rooms are available for public use. The purpose of this policy is to outline the circumstances under which groups, organizations, and individuals can use or rent city owned facilities and/or meeting rooms. Furthermore, it is the intent of this policy to outline the restrictions and priorities at each of the facilities listed in Attachment A based on the individual facilits purpose. It is the general policy that City facilities and meeting rooms be made available for use by City staff, not-for-profit organizations, other government agencies, civic organizations, and social events following each facilits purpose while allowing the facilities and meeting rooms to be made available to other users on a limited basis. DEFINITIONS Audiovisual equipment- Audiovisual equipment are electronics available in certain rooms and facilities (as detailed in Attachment 1). Examples include: computers, projectors, and microphones. Arrangements to use this equipment must be indicated on the A or department specific form. A cable television staff member may be required when choosing this option and arrangements to use these services must be made at least fourteen (14) days in advance. Building attendant- A building attendant is an employee of the City responsible for the building and required during events taking place outside of regular business hours. Cable TV staff member- City sponsored or co-sponsored- Events that are organized by or in conjunction with the City. Civic organizations- A group that is created in order to provide a services or services to the community. Not-for-profit- An organization with a 501(c) (3) tax status specifically formed for purposes other than operating a profit-seeking business. 6/7/2018 500.06 Use of City Facilities and Meeting Rooms City of Denton.docx Page 2 of 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: USE OF CITY FACILITIES AND MEETING ROOMS 500.06 Regular business hours- Monday through Friday between 8 a.m. and 5 p.m., not including City holidays. Resident- A person or organization with a residence or based within the city limits. Social Events- Events that are social in nature without the purpose of providing services to the community or a not-for-profit organization. Examples include, but are not limited to, birthdays, anniversary parties, weddings, and reunions. Community building rental- Any facility rental for the Parks department facilities not including the park. GUIDELINES 1. General 1.1. Use of all facility or meeting rooms are subject to the following guidelines: 1. A signed agreement must be made between the lessee and the City for the use of the facility or meeting space if the event is not sponsored or co-sponsored by the City. An and attached hereto as Attachment B, or an approved department specific agreement may be used. Verbal agreements will not be honored. 2. Users shall comply with all the laws of the United States, the State of Texas, all ordinances of the City, and all rules and regulations of the Police and Fire Departments and other municipal authorities of the City. 3. Representatives from the City have the right to enter any portion of the rooms for any purpose whatsoever any time during a scheduled event or activity. 4. During all public activities and events not sponsored or co-sponsored by the City, a building attendant must be on premises. The building attendant is not responsible for performing any personal services in conjunction with any activity or event. Depending on event hours and City facility, there may be an additional building attendant fee. Further information on fees are included in policy sections for each facility. 5. After any event or activity, the user is responsible for removing all of his or her effects from the building including decorations, equipment, and waste and returning the room to its original condition. Set-up and clean-up time must be included in the reservation time. 6. The City Manager, or his/her representative, has the right to have objectionable persons removed from the premises. 7. The user shall not admit to the facility, or meeting room, a larger number of persons than permitted by the fire code. A listing of capacities for each room is indicated in Attachment A. 8. City facilities are smoke-free/e-cigarette free facilities in accordance with Ordinance Number 2015-121. 6/7/18 Page 3 of 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: USE OF CITY FACILITIES AND MEETING ROOMS 500.06 9. Users will assure that persons attending the scheduled activity stay in assigned areas and will not enter other areas of the facilities, including City offices. 10. The City has the right to refuse use of any facility or meeting room to any group if the proposed event conflicts with the intended use of the building, is in conflict with established policies, or is in conflict with any confirmed reservation. 11. The City reserves the right to deny the use of any facility or meeting room to organizations, groups, or individuals, who willfully misuse, abuse, or damage City property. 12. Public reservations for use of facilities or meeting spaces will be accepted on a first- come and first-served basis in accordance with the priorities of each facility for which space is available for use. No public group or individual will be given preference or priority. 13. A public reservation may not be made more than one (1) year in advance or less than fourteen (14) days of the date requested unless specific permission is granted. 14. Meetings scheduled during regular business hours shall not be allowed to be conducted in a manner which is disruptive to, or interferes with, the work of City employees. 15. The City reserves the right to determine if police is required during a scheduled activity. The City will determine the number of officers and hours required. The user is responsible for this expense. Additional resources may be necessary at the discretion of the City Manager or representative. 16. Users of City facilities or meeting rooms are fully responsible for any damages based on actual repair or replacement costs of facilities or equipment. 17. Room use must be under the direct supervision of the adult making the reservation or their designated representative as stated on the application and said individual must be present during the reservation. Reservations are not transferable to other groups. 18. Meetings are confined to the reserved meeting room, but may be transferred to a new 19. Per City of Denton Code of Ordinances Sec 22-32, consumption of alcohol beverages on public property is prohibited. 20. These rules and any facility specific rules are part of the agreement with the City; failure to abide by the policies and rules shall be grounds for immediate termination of the reservation and forfeiture of any associated rental fees at the sole discretion of the City. Non-enforcement by the City does not constitute a waiver of the Cits rights under this contract. 21. Nails, thumbtacks, etc. must not be used to attach decorations to the structure or furnishings. Decorations may be used on tables only. No fire, flame, or candles are permitted. 22. Meeting room area set-up is the responsibility of the user and must be returned to the original configuration by the user when activities are completed. Tables will not be removed from the classrooms without approval from the City staff. 23. Any group or agency using City facilities and meeting rooms must provide its own materials, including copies of any materials that are required for its event. City materials and supplies will not be used unless authorized by City staff. 6/7/18 Page 4 of 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: USE OF CITY FACILITIES AND MEETING ROOMS 500.06 2. Main City Hall Guidelines 2.1. Purpose The City Hall meeting rooms are for the primary purpose of meetings of City Council, Boards, Commissions, and staff. It is intended that these meeting rooms be used to the fullest extent for this primary purpose and then made available to other users. The City reserves the right to cancel any scheduled activity at any time that conflicts with the primary purpose of the meeting rooms. 2.2. Priority 1. Meetings of City Council; 2. Meetings of City Boards or Commissions; 3. Meetings of City sponsored or co-sponsored activities; 4. Meetings of City staff; 5. Uses requested by agencies or officials of local, county, state, or federal governments; and 6. Not-for-profit and civic organizations. 2.3. Use of City Hall meeting rooms are subject to the following guidelines in addition to Section 1.1 of this policy: 1. No refreshments shall be served in the City Council Chambers. 2. Meeting spaces are not available for use on City holidays. The rooms may be used between the hours of 8:00 a.m. to 10:00 p.m. except for meetings of the City Council. 3. Requests for City Hall meeting rooms for social events will not be granted. 4. Events outside of regular business hours will require a building attendant be present. These events that require the City to pay an employee will be subject to a fee to cover the expense in accordance with fees listed in this section. Building attendants are not responsible for performing any personal services in conjunction with any activity or event. 5. Events requiring the use of audiovisual equipment outside of regular business hours will require a cable TV staff member to assist with the use of this equipment and listed in this section. 6. Reservations for City Hall meeting rooms may be made up to six (6) months in advance of the event, but no less than fourteen (14) days of the date requested unless specific permission is granted. 2.4. Fees Schedule 6/7/18 Page 5 of 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: USE OF CITY FACILITIES AND MEETING ROOMS 500.06 There will be no base fee to groups for using Main City Hall meeting rooms. There will be fees associated with additional expenses at the rates listed in Attachment C. Additional rates may apply. If a cable TV staff member must be present, he or she will act as the building attendant. 3. Public Library Guidelines 3.1. Purpose The library meeting rooms are for the primary purpose of library sponsored programs. It is intended that these meeting rooms be used to the fullest extent for this primary purpose and then made available to other users. The City reserves the right to cancel any scheduled activity at any time that conflicts with the primary purpose of the meeting rooms. 3.2. Priority 1. Library programs and staff; 2. City Boards and Commissions; 3. Meetings of City staff; 4. City sponsored or co-sponsored activities; 5. Uses requested by agencies or officials of local, county, state, or federal governments; 6. Not-for-profit and civic organizations; and 7. Other users with a valid reservation. 3.3. Use of public library meeting rooms are subject to the following guidelines in addition to Section 1.1 of this policy: 1. Meetings will normally be held during regular library business hours. Meetings must terminate 15 minutes before closing time or at the request of the designated staff member. Exceptions will be made for election activities. 2. Alcoholic beverages may be permitted in the facility on rare occasions with prior permissions from the Library Director. 3. All paper goods, food and drink items, including coffee, and the contents of the refrigerator are strictly for library program use. The group or organization may use appliances but are responsible for all paper goods and refreshment items. 4. Audiovisual equipment may be available at some locations. Arrangements to use equipment must be made in advance, at the time of the request for use of a meeting room. Available equipment is listed in Attachment A. A group may use its own equipment. 5. The library staff shall be consulted prior to moving library furnishings in meeting room areas. 6/7/18 Page 6 of 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: USE OF CITY FACILITIES AND MEETING ROOMS 500.06 6. The library will not store property or equipment for a group prior to the meeting without arrangements made in advance and will not be held responsible for any property or equipment left after the conclusion of any reservation. 7. Organizations may collect donations to cover incidental expenses connected to the reserved meeting only, but may not solicit donations or make sales unless it is in coordination with a library sponsored program or event. 8. Requests for Library meeting rooms for social events will not be granted. 9. Reservations for Library meeting rooms may be made up to one (1) year in advance of the event, but no less than three (3) calendar days of the date requested unless specific permission is granted. 3.4. Fees Schedule There will be no base fee to groups for using library meeting rooms. There will be fees associated with additional expenses at the rates listed in Attachment C. Additional rates may apply. 4. Fire Department Guidelines 4.1. Purpose The Fire Department meeting rooms are for the primary purpose of Fire Department activities. It is intended that these meeting rooms be used to the fullest extent for this primary purpose and then made available to other users. The City reserves the right to cancel any scheduled activity at any time that conflicts with the primary purpose of the meeting rooms. 4.2. Priority 1. Fire Department programs and staff; 2. City Boards and Commission meetings; 3. Meetings of City staff; 4. City sponsored or co-sponsored activities; 5. Uses requested by agencies or officials of local, county, state, or federal governments; and 6. Not-for-profit and civic organizations. 4.3. Use of Fire Department meeting rooms are subject to the following guidelines in addition to Section 1.1 of this policy: 1. Requests for Fire Department meeting rooms for social events will not be granted. 2. Audiovisual equipment may be available at some locations. Arrangements to use equipment must be made in advance, at the time of the request for use of a meeting room. Available equipment is listed in Attachment A. A group may use its own equipment. 3. Meeting spaces are not available for use on City holidays. The rooms may be used between the hours of 8:00 a.m. to 10:00 p.m. In the event that the Emergency 6/7/18 Page 7 of 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: USE OF CITY FACILITIES AND MEETING ROOMS 500.06 Operations Center is needed, Fire Department staff will notify the users and they will be required to exit the room. 4. The Fire Department will not store property or equipment for a group prior to the meeting without arrangements made in advance and will not be held responsible for any property or equipment left after the conclusion of any reservation. 5. Food and drink will not be allowed in Fire Department meeting rooms. 4.4. Fees Schedule There will be no base fee to groups for using Fire Department meeting rooms. There will be fees associated with additional expenses at the rates listed in Attachment C. Additional rates may apply. 5. Police Training Center Guidelines 5.1. Purpose The Police Training Center meeting rooms are for the primary purpose of law enforcement training activities. It is intended that these meeting rooms be used to the fullest extent for this primary purpose and then made available to other users. The City reserves the right to cancel any scheduled activity at any time that conflicts with the primary purpose of the meeting rooms. 5.2. Priority 1. City law enforcement training programs; 2. Non-City law enforcement training programs; 3. Police Department programs and staff; 4. Uses requested by agencies or officials of local, county, state, or federal governments; 5. City Boards and Commission meetings; 6. Meetings of City staff; 7. City sponsored or co-sponsored activities; 8. Not-for-profit and civic organizations; and 9. Other users with a valid reservation. 5.3. Use of Police Training Center meeting rooms are subject to the following guidelines in addition to Section 1.1 of this policy: 1. Users may access training areas for prior set-up or storage of materials only if such access is arranged with training center staff. The staff is not responsible for any training materials or other property stored prior to an event. 2. Classrooms or other training areas will not be used for social gatherings or similar functions not related to the business of the Police Department or training center. 6/7/18 Page 8 of 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: USE OF CITY FACILITIES AND MEETING ROOMS 500.06 5.4. Fees Schedule There will be base fee to groups for using Police Training Center meeting rooms as listed in Attachment C. There will be no fee for internal City use and not-for-profit and civic organizations. Fees may be substituted for training provided for the City. Additional rates may apply. 6. Parks Facilities Guidelines 6.1. Purpose The Parks and Recreation facilities, not including the parks, are for the primary purpose of recreation programs, social, and community activities. It is intended that these meeting rooms be used to the fullest extent for this primary purpose and then made available to other users. The City reserves the right to cancel any scheduled activity at any time that conflicts with the primary purpose of the meeting rooms. 6.2. Priority 1. Parks Department programs and staff; 2. Community building rentals; 3. City sponsored or co-sponsored activities; 4. City Boards and Commission meetings; 5. Meetings of City staff; 6. Uses requested by agencies or officials of local, county, state, or federal governments; 7. Not-for-profit and civic organizations; and 8. Other users with valid reservations. 6.3. Use of Parks facilities are subject to the following guidelines in addition to Section 1.1 of this policy: 1. General elections and emergency shelter use will take precedent over all other functions of the facilities. Reservations that conflict with these events will be cancelled. 2. Rental requests with less than 4 weeks notice will be approved based on staff availability and cannot be guaranteed. 3. Rental cancellations must be submitted in person. Cancellations made less than 4 weeks before the scheduled rental will forfeit its deposit. Cancellations made with 4. Rental deposits will be refunded per the following terms: Cancellations are made 4 weeks or more before the scheduled rental date or the rental occurs; If the rental occurs, the payment for such rental was made in full; No damage to the facility or other breach of facility rental contract occurs; 6/7/18 Page 9 of 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: USE OF CITY FACILITIES AND MEETING ROOMS 500.06 If paid by cash, check, or money order, a refund check will be mailed within 30 days from rental completion or cancellation; and If paid by credit or debit card, within 7 business days of rental completion or cancellation, user will receive a call from Parks Administration staff to process the refund back to its card. Business days do not include weekends. 5. All rentals must be concluded prior to 12 a.m. 6. Depending on rental size, number of rooms being used, and time of day, rentals may require additional staffing. See Attachment C for fees associated with building attendants. 7. The Parks and Recreation Department (PARD) reserves the right to cancel use of the facility at the sole discretion of the City. If cancellation is initiated by PARD, staff will secure an alternate site, if one is available. If an alternative site is not available, lessee may reschedule or receive a full refund. 8. Rentals for events that are open to the public will require a certificate of general liability insurance to be kept on file with the signed rental agreement. General liability insurance must cover a minimum of $500,000 per occurrence, name the City of Denton as an Additional Insured, and shall be subject to approval by the City. 9. Youth functions (under 18 years) require two adult chaperones (21 or over) for the rentals of 1 - 50 youth. One additional chaperone is required per every 50 additional youth. Chaperones must be present when the event starts and may not leave the event until the event is completed and all youth have been picked up. functions will require two police officers for the duration of the rental plus one additional hour following the rental. See Attachment C for fees associated with police officers. To schedule an officer please contact the Police Department non- emergency line at 940-349-8181. 10. assessed. 11. The recreation facilities are available for private reservation by individuals or organizations for recreation purposes only. If the user intends to charge admission fees, raise funds, charge enrollment fees (for example camps, clinics, and programs), sell food or merchandise, or collect information for future sales, authorization by PARD must be obtained and a vendor permit purchased and signed two business days prior to the rental. Permits may be applied for at the Civic Center. If the vendor will be selling food, a health permit must be obtained by the vendor from the Building Inspections Department by calling (940) 349-8360. Vendor permits will not be sold without first showing a valid health permit (if applicable). All permits must be displayed at the point of sale. For events with multiple vendors (i.e. networking events, vendor fairs, etc.) each vendor will be required to obtain its own permit. The User will be responsible for any vendor on site that does not have the 6/7/18 Page 10 of 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: USE OF CITY FACILITIES AND MEETING ROOMS 500.06 proper paperwork and will be subject to City of Denton fines for not having proper documentation. 12. No storage of equipment will be available on-site. 13. No food or drinks are permitted in any gymnasium or game room area. If a gymnasium rental requires the set-up of equipment (volleyball, ping pong, pickle ball, etc.), user will be charged for staff to setup and take down at the building attendant rate. See Attachment C for building attendant fees. 14. Decorations must be authorized and meet all fire codes. 15. Open flames, smoke/fog machines are not allowed. Chafing dishes/sternos are permissible. 16. All trash must be put in plastic bags and placed in the dumpster. 17. Center bounce houses are for PARD programs and hosted birthday parties only. Outside bounce houses are not permitted for use inside the facility for any reason. If the user desires a bounce house, it must be set-up outside. 18. Users are responsible for bringing their own audio and/or sound equipment. The center will not provide this equipment. 19. A limited number of tables and chairs are available for use. Consult with center staff prior to the event for the inventory available. Users are responsible for setting up and taking down tables and chairs and returning them to table/chair carts. 6.4. Fees Schedule There will be a fee to groups for using Parks facilities and meeting rooms. City co- sponsored events will not be charged for the use of Parks facilities. Fees for facility and room rentals are listed on the PARD website, as well as the Parks Fee Ordinance. Additional fees are listed below in Attachment C A $100 refundable deposit is due upon booking. The remaining rental balance is due 4 notice will require payment in full upon booking. Additional rates may apply. 6/7/18 AttachmentB APPLICATION FOR USE OF CITY OF DENTON MEETING ROOM Name of Meeting Room Requested: Organization: Person Completing Application: Mailing Address: Telephone: Email: Purpose of Meeting: Meeting Date(s): Beginning and ending time for room reservation (Please include room set up and clean up time): Estimated Attendance: Beginning and ending time of actual meeting: Will this meeting be advertised to the public? Yes No If yes, where?: Will refreshments be provided (if allowed in reserved room)? Yes No Organizations are responsible for bringing their own paper goods, serving ware, and refreshments. We, the Organization, have requested the use of the following items in advance of the requested meeting date: Digital Projector Audio/Visual Equipment Computer Access Kitchen Facilities Phone Document Camera Fees: The undersigned agrees on behalf of the above-named organization to be financially responsible for any damage or loss sustained to City of Denton property while being used by the organization, to all rules and regulations set forth in the City of Denton Policy 500.06, and to return the room to the original condition. The undersigned also agrees to pay the above fee for building attendant/Cable TV staff member if applicable. Additionally, if applicable, the undersigned agrees to provide evidence of general liability insurance in the amount of $500,000 naming the City of Denton as an Additional Insured. I, as the Organizatio designee, agree to abide by the above stipulations. Signature of person accepting responsibility for the equipment Date Reservation Confirmed Disapproved City Representative: Date: AttachmentC Facility and Meeting Room Fee Schedule Type of Fee Rate Building Attendant $50 per hour (2 hour minimum) Cable TV Staff Member $50 per hour (2 hour minimum) Police Officer City cost (Base pay plus overtime) Parks Building Attendant (Section 6.4) $14 per hour Police Training Center Rental Rate Classroom - $100.00 /Per eight (8) hour day The user gets access to one classroom and related equipment, but must provide its own classroom materials (handouts, tests, class materials). Defensive Tactics Room - $150.00 /Per eight (8) hour day The user gets access to the padded Defensive Tactics Room but must provide its own striking pads, batons, and safety equipment, as necessary. Tactical Simulation Area (moveable wall) $150.00 /Per eight (8) hour day The user gets access to the moveable wall simulation area for force on force training (marking cartridges), building search/active shooter training, crime scene training, etc. This does not include any Simunition (or other brand) marking cartridges, weapons kits, or safety equipment. This is also dependent on an agency instructor attending a fifteen (15) minute training/safety briefing on the use of the area. Driving Simulators - $200.00 /Per eight (8) hour day The user gets access to the Driving Simulators and necessary equipment/supplies. This option is dependent on the user having an instructor trained on how to operate the driving simulator by a Police Department instructor or by FAAC incorporated. Force Simulator - $200.00 /Per eight (8) hour day The user gets access to the Use of Force Simulator and necessary equipment/supplies. This option is dependent on the user having an instructor trained on how to operate the force simulator by a Police Department instructor or by VirTra. Operator Option for Driving Simulator or Force Simulator - $100.00 /Per eight (8) hour day - For this fee, Police Department will provide an equipment operator for the driving or force simulator. The user must still provide an instructor for its policies, Standard Operating Procedures, and class instruction. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1726,Version:1 AGENDA CAPTION Consider approval of a resolution allowing the Campus Theatre Concessions, LLC to sell alcoholic beverages for the Denton’s Day of the Dead Festival, on Saturday, October 27, 2018, at the Williams Trade Square parking lot upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing an effective date. City of DentonPage 1 of 1Printed on 10/19/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation DCM: Bryan Langley DATE: October 23, 2018 SUBJECT Consider recommending approval of a resolution allowing the Campus Theatre Concessions, LLC to sell alcoholic beverages for the DDay of the Dead Festival, on Saturday, October 27, 2018, at the Williams Trade Square parking lot upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing an effective date. BACKGROUND Denton Day of the Dead Festival is Day of the Dead Festival committee. Saturday, October 27, 2018 from 11:00 a.m. to 9:00 p.m. at the Williams Trade Square parking lot located at corner of Locust Street and Hickory Street. David Pierce, Day of the Dead Festival, is requesting permission to sell beer and wine and has partnered with the Campus Theatre Concessions, LLC. Campus Theatre Concessions, LLC 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, the Day of the Dead Festival agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Denton Day of the Dead Festival. Denton's Day of the Dead Festival will have police security at the event. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On October 17, 2017, the City Council approved to allow Campus Theatre Concessions, LLC to sell alcoholic beverages at the Denton Day of the Dead Festival under Resolution 2017-039. 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, Liveable, and Family-Friendly 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: Provide and support outstanding leisure, cultural, and educational opportunities EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution and Agreement Exhibit 3 Letter of Request Respectfully submitted: Gary Packan Director, Parks and Recreation Prepared by: Maria Denison Marketing Administrator Exhibit 3 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1774,Version:1 AGENDA CAPTION Consider approval of the minutes of September 25, October 1, and October 9, 2018. City of DentonPage 1 of 1Printed on 10/19/2018 powered by Legistar© CITY OF DENTON CITY COUNCIL MINUTES September 25, 2018 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, September 25, 2018 at 2:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff, Mayor Pro Tem Ryan, Council Member Armintor, Council Member Meltzer, 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 September 25, 2018. Council Member Armintor requested a Closed Session discussion on Individual Item C. 3. Work Session Reports A. ID 18-1604 Receive a report, hold a discussion and give staff direction regarding the 2018- 19 Audit Plan. Umesh Dalal, City Auditor, presented his 2018-19 Audit Plan. He noted that the Plan was presented to the Audit/Finance Committee and that they recommended he present it to the Council. He detailed the Internal Audit function, Internal controls, Internal controls objectives, and the Internal Audit Plan which included 12 projects. Four additional projects were also available should the Council not want to do all of the projects he noted. Council discussed: Whether it was possible that projects listed would take less time than noted Consider doing the grants management rather than payroll Consider doing another project rather than the DME as it had just been done Consensus of the Council was to proceed as noted in the Plan. B. ID 18-1605 Receive a report, hold a discussion, and give staff direction regarding the potential reestablishment of a Committee on People with Disabilities. Mario Canizares, Assistant City Manager, presented background information on the establishment of a prior Committee and whether Council would like to re-establish the Committee. He reviewed the duties of the prior committee, a comparison of area cities on how they dealt with a similar committee, areas of focus that could be considered by an Advisory Committee, and options for consideration of the item. City of Denton City Council Minutes September 25, 2018 Page 2 Council discussed: Currently there were adaptive recreation activities provided by Parks and that should be included on a potential list of focus areas for the Committee Consider an established committee similar to other city committees Have members from the prior committee meet with a new committee to assist in the transition Consider persons with disabilities to be members of the committee The value of having more people involved in the committee by leaving the membership to whoever might want to be involved A structured approach would be more appropriate Develop a public avenue for people to discuss the options before formal Council consideration Consider posting the item as an item for Individual Consideration on an agenda to receive public input Consider a new committee with 7 members appointed by the Council Consider including staff associated with ADA requirements as part of the committee Whether the current resolution was still in effect for the prior committee Consensus of the Council was to proceed with Option 3; membership would consist of 11 members, one each appointed by the Council and the others at-large appointments; develop objectives for the committee; and a public forum would be at the time of Council consideration. C. ID 18-1607 Receive a report, hold discussion, and give staff direction regarding neighborhood traffic calming options in the City of Denton. Pritam Deshmukh, Traffic Engineer, presented the definition of traffic calming which was achieved through education, enforcement and engineering. He noted the steps involved in education and enforcement for a particular area where traffic speed might exceed in the area. Engineering was the most method requested by residents. He detailed the steps followed by staff when a request for a traffic calming device was requested. The various options for traffic calming devises were noted with listed advantages and disadvantages. He detailed the next steps in the process. Council discussed: An area of concern was streets near schools Whether public art in traffic calming was effective over time Rationale for using the muse streets for a test location for traffic calming Suggested locations at I35 and Dallas Drive for a traffic calming location Consider the use of paver crosswalks to help slow down traffic Whether the City could have controls/guidelines in excess of the federal guidelines Consider documentation on ways to get approval of a traffic calming device 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. City of Denton City Council Minutes September 25, 2018 Page 3 1. Closed Meeting: Council Members Armintor and Meltzer did not participate in the discussion of this Closed Meeting item. A. ID 18-1372 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071. Receive a presentation from staff regarding public power competitive and financial matters related to a Power Purchase Agreement between the City of Denton, as the seller of power and electric energy services, and the University of North Texas, as a buyer of power and electric energy services; discuss, deliberate, and provide direction to staff regarding the same. Consultation with the City’s attorneys regarding legal issues associated with the above matters 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. Council Member Armintor and Meltzer returned to the Closed Meeting. B. ID 18-1536 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code Section 551.071. Discuss and deliberate on strategies and opportunities for the City to acquire natural gas for the Denton Energy Center ("DEC"); receive a presentation from staff regarding public power competitive and financial matters for the purchase of natural gas; and provide recommendations on the purchase of natural gas under the existing Base Contract for the Purchase and Sale of Natural Gas with Enterprise Products Operating, LLC. Consultation with the City’s attorneys regarding legal issues associated with the agreements described above where 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. Following the completion of the Closed Meeting, the City Council convened in a Special Called Meeting to consider the following items: 1.ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance 18-1463 A. ID 18-1463 Consider adoption of an ordinance of the City of Denton, approving an agreement with the Friends of the Denton Public Libraries and the City of Denton, Texas to clarify the roles and responsibilities of each party; to raise funds and support programming for the Denton Public Library; authorizing the City Manager or his designee to execute the Friends of the Denton Public Libraries Agreement; and providing an effective date. City of Denton City Council Minutes September 25, 2018 Page 4 Jennifer Bekker, Director of Libraries, noted that the agreement would specify the roles and responsibilities of the Friends of the Public Library and the City. Mayor Pro Tem Ryan 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", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", Council Member Meltzer "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance 18-1537 B. ID 18-1537 Consider adoption of an Ordinance of the City of Denton authorizing the City Manager, or designee, to execute a physical gas transaction confirmation for the purchase of natural gas under the terms and conditions of base contract for the purchase and sale of natural gas with Enterprise Products Operating, LLC; providing for the expenditure of funds; and providing for an effective date. George Morrow, General Manager – DME, presented the details regarding the proposed natural gas contract for the DEC. He noted that the current contract was expiring and reviewed the procurement process and recommendation to enter into agreement with Enterprise. Mayor Pro Tem Ryan motioned, Council Member Duff seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "nay", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "nay", Council Member Meltzer "aye", and Mayor Watts "aye". Motion carried with a 5-2 vote. Ordinance 18-1484 C. ID 18-1484 Consider adoption of an ordinance of the City of Denton ("City") authorizing the City Manager, or his designee, to execute a Contract of Sale by and between Janda Legacy Investments, LP ("Owner"), and the City, regarding the sale and purchase of fee simple to a 0.8123 acre tract, more or less, situated in the B.B.B. & C.RR. CO. Survey, Abstract No. 192, Denton County, Texas for the purchase price of Four Hundred Seventy Five Thousand Dollars and No Cents ($475,000.00), as prescribed in the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. (Bonnie Brae Street Widening and Improvements project - North (Phase 5) - Parcel 31 (Janda - 2300 Scripture Street) Council Member Hudspeth recused himself from deliberation/vote on this item. Paul Williamson, Real Estate Manager, presented the details regarding the proposed real estate purchase. He noted the location of the property, proposed alignment of Bonnie Brae around the property and considerations for approval. Council Member Meltzer questioned the use of the land around the roadway to preserve the subject property in question as green space. Pritam Deshmukh, Traffic Engineer, stated that there were several options of the layout at this time and that most of the area would be saved. City of Denton City Council Minutes September 25, 2018 Page 5 Council Member Meltzer asked about the appraisal. Williamson stated that the Denton County Appraisal District used a mass appraisal of the area and did not pick up on potential changes. It was not always the highest and best use of the property. Council Member Briggs asked about any transactions for the house on the other side of the property Williamson stated that there were none at this time as the alignment had just been completed. The property owners were aware of the possibility. Mayor Pro Tem Ryan motioned, Council Member Duff seconded top adopt the ordinance. On roll call vote, Council Member Briggs "nay", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "nay", Council Member Meltzer "aye", and Mayor Watts "aye". Motion carried with a 4-2 vote. Council Member Hudspeth returned to the meeting. Ordinance S17-0007b D. S17-0007b Continue to consider adoption of an ordinance for a Specific Use Permit to allow for a multi-family use. The 12.37-acre site is generally located on the east side of Brinker Road, approximately 990 feet south of South Loop 288 in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (S17-0007a, Enclave at Denton, Hayley Zagurski). THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 18, 2018 MEETING FOLLOWING A TIE-VOTE. Haley Zagurski, Development Services, presented the nature of the request and the site data. She noted the summary of the proposed development, criteria for approval, and the recommendations from staff and the Planning and Zoning Commission. Council discussed the number of bedrooms for the proposal. Speaker cards were submitted by the following: Rick Simmons – applicant, 1851 Broken Bend, Westlake, 76262 - spoke in favor Council discussed the number of joint projects with a housing entity. Paul Milosevica – applicant, 509 Wales, Coppell - spoke in favor Kenneth Fambro – applicant, Southlake, 76092 – spoke in favor Council discussion included: Allowable rent charges per the memorandum of understanding How to ensure a rent schedule that would take into account a number of units reserved in accordance with affordable housing standards HUD guidelines and affordable rent schedules City of Denton City Council Minutes September 25, 2018 Page 6 Include a binding agreement between the Housing Authority and the developer for a rent agreement What was the mechanism by which rents might increase Council Member Meltzer motioned approval subject to the staff conditions and that the applicant execute a binding agreement around the rent guidelines with the Denton Housing Authority with penalties of breach comparable to the value of the tax abatement. Council continued their discussion: It appeared that this development was a cut above other properties and the below market rate rent would be a great deal Procedures for previous eviction history and late payments plus deposit amounts No one in community had spoken against the project Traffic was an issue Kelly Parma – applicant, 3030 LBJ Freeway, Dallas, 75234, spoke regarding the flow of traffic around the proposed development Council discussed the estimated number of trips during peak hours in the morning and evening. John Shackelford, attorney for the developer, noted that language could be included in the partnership agreement to have 10% at 50%; 10% at 60% and the rest at 80% of the median income. Ryan McIntosh – applicant, 4047 Fawnhollow, Dallas, 75244 was available to answer questions. Council discussed: Whether the Planning and Zoning Commission evaluated the traffic impacts as part of their process and their findings – staff noted that a full TIA was more appropriate during the platting process as opposed to the SUP process The SUP request was ahead of schedule especially in terms of traffic impact How the rents were set for the units in terms of who made that determination How the rental agreement might be overridden Traffic of current developments in the area were directed out to Brinker Road which this development would also contribute to Council Member Meltzer redefined his motion to approve with the conditions as noted by staff plus the successful execution of a binding agreement with the Denton Housing Authority represented in the rent grid provided of 10% off the 51% with a penalty breach in any given year equal to the tax exemption. City Attorney Leal noted that there already was a penalty in the ordinance related to the SUP conditions and questioned if this additional condition was for a successful agreement binding to the rental grid. City of Denton City Council Minutes September 25, 2018 Page 7 Mayor Watts noted that if something were not included with the SUP, the developer could breach the rental conditions but still maintain the SUP conditions. City Attorney Leal noted that a breach could occur if the rates were adjusted following Federal guidelines if the conditions were tied to a static number in the future. Council discussed the proposed motion and the binding agreement condition to be included with the SUP. Affordability and HUD guidelines for area median income were noted. Council Member Hudspeth offered a friendly amendment to include the partnership agreement with the other entities as part of the application. Council Member Meltzer indicated that he was not open to that friendly amendment as the intent of the rental grid was to make the project affordable. Council Member Meltzer restated his motion to approve with the staff conditions and a binding condition with penalty that would bind the project to reserving 10% of the units at 50% of area median income and 10% of the units at 60% of the area median income in some form with a penalty consequence with the detail of the consequence to come from the City Attorney. After Council discussion of the motion, Council Member Meltzer withdrew his motion. Council Member Hudspeth motioned, Council Member Duff seconded to adopt the ordinance with the staff conditions. Council Member Meltzer offered a friendly amendment that the rent grid be attached to the DHA agreement. Council Member Hudspeth and Duff accepted that friendly amendment to their motion and second. On roll call vote, Council Member Briggs "nay", Council Member Duff "aye", Mayor Pro Tem Ryan "nay", Council Member Armintor "aye", Council Member Hudspeth “aye”, Council Member Meltzer "aye", and Mayor Watts "nay". Motion carried with a 4-3 vote. 2. PUBLIC HEARINGS A. A18-0002b Conduct the second of two public hearings for a voluntary annexation of approximately 86.47 acres of land generally located between Creekdale Drive and Hickory Creek Road, east of the railroad tracks by the City of Denton, Texas. (A18- 0002, Lakeside Place, Cindy Jackson) Richard Cannone, Development Services, presented the details regarding the project. This was the second public hearing on the annexation. He noted that a traffic analysis was currently in progress and presented the proposed annexation schedule. The Mayor opened the public hearing. City of Denton City Council Minutes September 25, 2018 Page 8 Abra Nusser, applicant, spoke in favor. The Mayor closed the public hearing. No action was needed 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 Hudspeth List based on staff's account of agreements submitted to Council and broken for the past three years Consider painted dumpsters - make them an art piece Council Member Meltzer Staff report on the parcel at Scripture and Bonnie Brae purchased and whether it could be added as a park in future action Informal Staff Report on the possible public use of the building on the parcel Mayor Watts City Attorney to circulate the final ordinance on the SUP approved at this meeting so all Council Members could read it to make sure what was approved at this meeting White paper on HUD guidelines and development pertaining to 303 statutes; who was responsible for tax exemption status and the associated specific statutes Council Member Armintor Staff report on what other cities have done to in terms of ordinances ensuring any contractors/businesses doing business with those cities paid a livable wage and what those livable wage calculations were Council Member Briggs Council review of the right-of-way ordinance and associated permitting Staff report on municipal broad band City of Denton City Council Minutes September 25, 2018 Page 9 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 8:27 p.m. __________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES October 1, 2018 Joint Meeting of the City of Denton City Council and the Denton Independent School District Board of Trustees on Monday, October 1, 2018 at 11:30 a.m. at the Denton ISD Central Offices, 1307 N. Locust Street, Denton, Texas. PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff, Council Member Armintor, Mayor Pro Tem Ryan, and Mayor Watts. ABSENT: Council Member Meltzer. Mayor Watts called the City Council portion of the meeting to order at 11:40 a.m. The Council and the Board of Trustees introduced themselves. Mayor Watts announced that a quorum of the Council was present for the meeting. 1. Work Session Reports A. ID 18-1569 Receive a report from City of Denton staff and hold a discussion regarding the following construction projects: 1) Interstate 35 West and East, 2) U.S. Highway 377, 3) Teasley Lane including sidewalks, 4) Fulton Street, 5) Bonnie Brae Street, 6) Loop 288 and Sherman Drive. Mark Nelson, Director of Transportation, stated that staff would provide an update on the project schedule and project components and public outreach efforts associated with the I-35E and I-35W projects, U.S. 377 project, Teasley Lane project, Fulton Street project, Bonnie Brae Street project, and Loop 288 and Sherman Drive project. Todd Estes, Director of Capital Projects/City Engineer, stated that the Fulton Street project included roadway and utility reconstruction along Fulton Street from Oak Street to Cordell Street. Utility relocations were complete and street reconstruction was scheduled for summer 2019. Roadway reconstruction was anticipated to last 60-75 days. Estes stated that the Bonnie Brae project included reconstruction of the roadway to a 4-lane divided roadway and storm water improvements and utility improvements/relocations from Vintage Boulevard to the south and extending north to Loop 288. The project was divided into seven phases and the target for final completion was late 2021. Pritam Deshmukh, Deputy City Engineer, stated that the City was performing a traffic study that would assess long term traffic impacts and circulation needs for the Loop 288 & Sherman project. The study was anticipated to be completed by October 2018. He stated that they were also looking at a possible re-alignment of Long Road. Discussion included different aspects of the construction projects. B. ID 18-1573 Receive a report from Denton ISD and hold a discussion regarding the future construction of Denton High School. Jamie Wilson, Denton ISD Superintendent, introduced Gary Ryan, who was handling the construction project for the new high school. City of Denton City Council Minutes October 1, 2018 Page 2 Ryan introduced Sloan Harris, VLK Architects, who was the consultant for the new high school project. He stated that the project site was 152 acres. There was an area in the 100-year flood plain on the south end of the site. There was an ESA area on the south end of the site as well. He stated that Riney Road would be extended to Westgate. There was a gas well site located on private property that was adjacent to the project site. Project construction was scheduled to be completed by February 2022. 2. Concluding Items A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the DISD 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. This item was not considered. With no further business, the Joint Meeting with the Denton Independent School District was adjourned at 12:50 p.m. Following the completion of the Joint Meeting with the Denton Independent School District, the City Council reconvened in a Special Called Meeting in the Council Work Session Room at City Hall, 215 E. McKinney Street, to consider the following: PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff, Mayor Pro Tem Ryan, Council Member Armintor, and Mayor Watts. ABSENT: Council Member Meltzer. 1. Items for Individual Consideration A. ID 18-1645 Hold a discussion and give direction concerning the Mayor’s unwillingness to execute an ordinance adopted by Council on Tuesday, September 25, 2018 relating to a Specific Use Permit request (ID: S17-0007b) to allow for a multifamily use on a 12.37-acre site that is generally located on the east side of Brinker Road, approximately 990 feet south of South Loop 288 in the City of Denton, Denton County, Texas. City of Denton City Council Minutes October 1, 2018 Page 3 Mayor Watts noted that the agenda item indicated “give direction” but that no direction was needed as he had no intention to not to sign the ordinance. He clearly intended to execute the ordinance on Thursday but was hesitant on Friday based on several emails he had sent and received. He wanted to maintain transparency and procedures as a whole Council and not get terms and conditions outside the process. He explained why he chose not to sign the ordinance until Council had this discussion. As Council Member Meltzer was not present at the meeting he would not editorialize on the information. He read the email exchanges between Council Member Meltzer and himself along with the Denton Record Chronicle article regarding the development and possible reconsideration. He noted that he was concerned about processes being done behind the scenes. There were two other agenda items to be considered by Council – one to suspend the rules and one for a motion to reconsider. He had no agenda on whether to do or not do these items but wanted to make sure, based on facts, that the Council as a body in its entirety decided on those motions and actions. Council Member Armintor noted that she was relieved that the Mayor was going to sign the ordinance and suggested that in the future if something similar came up, that the wording of the agenda item be different because as worded, it sent mixed messages. She noted that she had emailed the Mayor over the weekend asking him to sign the ordinance. Council Member Duff asked for the time frame related to a reconsideration. City Attorney Leal stated that a request was required before the next official meeting of the Council which in this case was today and had to be received 72 hours before the meeting for posting requirements. Council Member Hudspeth stated that he did not like the motion to reconsider and it was very clear that it did not factor in actions outside the Council. He shared the same concerns of operating outside the process which was opposite to transparency. Mayor Watts noted that the only time he had asked for a motion to reconsider was when an applicant was misrepresented at a meeting. He understood the perceived confusion regarding the posting with observation taken and noted that he would speak with Council Member Armintor outside of this meeting regarding her email to him. B. ID 18-1646 Consider a motion to suspend the Council Rules of Procedure relating to Motions for Reconsideration as provided in City Code, Section 2-29(g)(11) so as to allow any Council Member to make a motion to reconsider in connection with Item #18-1647. Mayor Pro Tem Ryan questioned that if a motion to suspend the Rules of Procedure ended in a tie vote, would it die or automatically be placed on the next Council agenda. City Attorney Leal stated that if a motion to suspend ended in tie vote, it would die was it as a parliamentary procedure motion. Council Member Briggs motioned to postpone consideration of the item until Council Member Meltzer was present. City of Denton City Council Minutes October 1, 2018 Page 4 City Attorney Leal noted that a motion to postpone took a higher precedence than a motion to table to a date certain. His recommendation was that if Council wanted to get to Item #3, they needed to do Item #2. Council Member Briggs motioned to postpone. Mayor Watts stated that Council Member Meltzer would have an opportunity to address the issue outside the item remaining an active agenda item. This might be a policy discussion item but keeping it active kept the agenda item open. Council Member Briggs withdrew her motion. Council Member Briggs stated that confirmation of the ordinance meant that the original motion was without restrictions and that the attachment was not included. Mayor Watts stated that the grid was attached as an exhibit. Council Member Briggs motioned, Council Member Ryan seconded to suspend the rules. City Attorney Leal noted that the motion was to suspend the rules as a motion for reconsideration. Council Member Duff noted that he did not Council to become a place where people did not want to begin projects because Council changed their minds. Mayor Watts stated that the reason the Council was here today was based on language in the newspaper, emails and the receipt of documents. He trusted the process. On roll vote to suspend the rules, Council Member Hudspeth "nay", Council Member Briggs “aye”, Council Member Duff "nay", Council Member Ryan "aye", Council Member Armintor “nay” and Mayor Watts "aye". Motion failed with a 3-3 tie vote. C. ID 18-1647 Consider a motion to reconsider the September 25, 2018 adoption of an ordinance approving a Specific Use Permit (ID: S17-0007b) to allow a multifamily use on a 12.37-acre site that is generally located on the east side of Brinker Road, approximately 990 feet south of South Loop 288 in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for a severability clause and an effective date. (S-17-0007a, Enclave at Denton, Hayley Zagurski). This item was not considered. With no further business, the meeting was adjourned at 1:45 p.m. _______________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS City of Denton City Council Minutes October 1, 2018 Page 5 ________________________________ JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS _______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES October 9, 2018 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, October 9, 2018 at 1:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Briggs, Council Member Duff, Mayor Pro Tem Ryan, Council Member Armintor, Council Member Meltzer, and Mayor Watts. ABSENT: Council Member Hudspeth 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 October 9, 2018. Council Member Meltzer noted that he would be recusing himself from Item F and asked for a presentation on Item I. 3. Work Session Reports A. ID 18-1623 Receive a report, hold a discussion, and give staff direction on filling the Municipal Judge position and the recruitment process. Mayor Watts stated that there would be a Closed Session discussion on this item at end of the scheduled Closed Meeting. Council Member Hudspeth arrived at the meeting. Carla Romine, Director of Human Resources, presented options for consideration on how to fill the Municipal Judge position. She noted the Executive Search firms that had provided quotes for a search. Council discussed whether an internal candidate could apply if a search firm were used. Council consensus was to hire the Springsted Water firm to conduct a search and that internal candidates could apply through the search firm. B. ID 18-1634 Receive a report, hold a discussion, and give staff direction regarding the proposed agreement with Keep Denton Beautiful, Inc. Bryan Langley, Deputy City Manager, presented information on non-profit agreement milestones. He noted the City's relationship with Keep Denton Beautiful (KDB) since 1987 detailing the programs that the City partnered with KDB. Budget information for the City to KDB and the KDB, Inc. budget were noted. The roles and responsibilities were not clear for KDB programming. The intent of a new agreement was presented along with the key components of the proposed agreement and contract terms. Feedback received from KDB, Inc. in terms of key areas of concern of the proposed agreement were noted. City of Denton City Council Minutes October 9, 2018 Page 2 Council discussion included: KDB feedback was coming from their legal counsel and not the membership What the deadline was for KDB to return their redline version of the agreement Whether there was a misunderstanding between KDB and the City regarding the proposed agreement Continue with the negotiations as the City was a partner with KDB Langley continued with a summary of options which included #1 to take no action which was not in compliance with audit recommendations and #2 clarify whether KDB wanted to be an advisory board of the City or a nonprofit operating under an agreement with complied with audit recommendations. Council discussed: This was a normal process of detailing roles and clarifications of a proposed agreement A decision from the KDB Board was needed in order to continue with the proposed agreement Whether funds provided to KDB via the City were being used for their outside counsel in this matter The attorney retained represented KDB, Inc. and not the city of Denton KDB A clear understanding was needed in regards to the two entities and their respective roles Concern that KDB, Inc. would have control over city employees Monitoring should continue at a close level during negotiations until the agreement was finalized No other organization had direct City employees working for them rather they had funding to hire their own employees Representation from KDB, Inc. was that they wanted to direct City staff How other cities structured their Keep Beautiful organizations A first step was to get the redlined version of the agreement from KDB, Inc. to see their position on the proposed agreement Continue discussion with board members and city staff Assume moving forward with KDB, Inc. as a non-profit agency and move forward with the provisions of an agreement Whether the Council should hear from the KDB attorney or the Board President City Manager Hileman noted that the issue was the expenditure of public funds to an outside agency. He suggested creating a simple agreement with certain duties noted for City staff to assist KDB, Inc. or provide funding for KDB, Inc. to hire their own staff. Comingling of city assets was not a good practice and there should be two clear paths. Ali Silva, KDB Board President, felt that there was a fundamental misunderstanding of the issue and that more discussion was needed. She noted that the redesign of the other three nonprofit organizations was different from KDB. KDB was not a fundraising arm for the City. She noted that the funding for their attorney was paid through their own funds and that no funds received from the City were used. City of Denton City Council Minutes October 9, 2018 Page 3 Council continued their discussion noting: The main differences of the KDB fundraising from other nonprofit organizations KDB’s understanding of the relationship with city staff and how that might change moving forward. Silva stated that City staff was facilitating the work of the non-profit and that the job descriptions noted that. They did a strategic plan and the employees carried out that plan. They did not have rights to direct city staff. Consensus of the Council was to continue discussion with the KDB, Inc. Board, receive the redlined version and bring that information back to Council. Included would be to clarify the roles and responsibilities of each organization in accordance with audit recommendations. Council Member Hudspeth noted that whatever solution was reached it needed to be universal or easy to apply to other organizations. He requested to see the funding from the other nonprofit organizations. C. ID 18-1695 Receive a report from staff, hold a discussion, and give staff direction regarding the design and construction of Industrial Park. Gary Packan, Director of Parks and Recreation, presented an update on the proposed park at Industrial. He noted the location of the park, the options that were presented for the proposed park design; major areas of focus; and tree replacement. Council discussed: Removal of the trees was not an option and was a problem with the plan The purpose of removing the mature trees and planting new trees in the same area Consider not having as much concrete in the area to avoid removing so many trees The preferences of citizens were natural areas as opposed to a build in area Packan continued with the proposed scenario that integrated public input into the development of the park. He noted the estimated construction costs along with the next steps in the process. Options to consider were to maintain the park as it currently was and install the retaining wall to improve drainage; move forward with the construction as presented; or amend the proposed concept with suggestions. Council discussed: The proposed design was not child friendly There was no nice park facility in the downtown area Consider Option 1 with the condition that adjacent businesses and residences be consulted with the design of the retaining wall Consider Option 1 with improved drainage Keep more natural areas with less concrete and not overdeveloped Consensus of the Council was Option 1 with the retaining wall and the possibility of planting more trees. D. ID 18-1707 Hold a discussion to review Council’s action and concerns related to the September 25, 2018 approval of an SUP ordinance for a multifamily use located south of City of Denton City Council Minutes October 9, 2018 Page 4 Loop 228 on the east side of Brinker Road, and related to the Council’s discussion at its October 1, 2018 Special Called Meeting in connection with Agenda Item ID: 18-1645, including a discussion on forming a set of Council "best practices" to deal with this type of situation in the future. Council Member Meltzer felt that the comments from the Mayor at the prior meeting were not the same as his version of the events before and after the consideration of the proposal. He felt the Mayor in their conversation was trying to persuade him to ask for reconsideration. He reviewed the chain of events from his perspective of the issue and felt that the Mayor had presented inconvenient facts in order to get to a reconsideration. He did not feel the Mayor had been fair minded and noted that the Mayor had affordable housing units that would be in competition with these housing units. That to him was the appearance of undisclosed conflicts. In terms of best practices he suggested Council not having private meetings with developers with projects coming before the Council. Mayor Watts felt that Council Member Meltzer had a misrepresentation of facts and that facts had been left out of the scenario. His concern was that Council Member Meltzer’s amendment did not get into the motion as Council Member Meltzer had intended. He presented his version of the events. Council discussed: Consider future agenda postings and wording on those agendas There now was an ethics ordinance for complaints if one existed Consider a best practice that meeting with a developer to get clarity or questions answered was fine before a vote. After a vote, a tie vote or reconsideration no meeting with a developer It was an abuse of power to use reconsideration to get a vote changed. When meeting with a developer one on one, it was a meeting with one of 7 but a 4-3 vote changed that and under a best practice it was not a good idea City Manager Hileman stated that a developer who felt he might lost a vote might say anything to get that vote and it was easy to get caught up in the process with possible misrepresentation. In his past cities, a log was maintain when meeting with a developer. It set a new tone on how to behave and what the rules would be for developers. He urged Council to adopt some kind of process to have a staffer when meeting with a developer to document the process or Council know when individuals were having meetings. There needed to be transparency and consistent guidance to developers and the only way to deal with it was through reporting. Council consensus was to have the City Manager present options for a reporting mechanism or procedures with reporting mechanisms for Council meeting with those who would have business before the Council. Council noted that: Reconsideration of votes had no checks or balances. It was a greater advantage to vote yes and then bring everything back and that after a meeting everyone's position was known. Until there was some type of fix for reconsideration, the problem would not be fixed. The rules needed to be amended to require reconsideration based on either something in the session such as a procedural or a material development that everyone had shared. City of Denton City Council Minutes October 9, 2018 Page 5 Phone conversations after the vote were one of the problems City Manager Hileman noted that a motion for reconsideration needed the ability to rely on input and consistency of behavior and direction being important. If it was not possible to rely on votes taken, the problem could not be fixed. 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 18-1272 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, and discuss, deliberate and provide direction regarding plans for the current and future operations of the Gibbons Creek Steam Electric Station owned by the Texas Municipal Power Agency in connection with the Joint Operating Agreement ("JOA") between the City of Denton and TMPA. Consultation with the City’s attorneys regarding legal issues associated with the current and future operations of the Gibbons Creek Steam Electric Station and JOA where 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. C. ID 18-1685 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City’s Attorneys on the status, strategy, and potential resolution of litigation styled, Knabe v. City of Denton, Cause No. 17-3526-211, currently pending in the 211th District Court of Denton County, Texas. B. ID 18-1389 Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the Municipal Judge and City Auditor. The following item was added as a Closed Meeting discussion: A. ID 18-1623 Receive a report, hold a discussion, and give staff direction on filling the Municipal Judge position and the recruitment process. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall. City of Denton City Council Minutes October 9, 2018 Page 6 PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff, Mayor Pro Tem Ryan, Council Member Meltzer, and Mayor Watts. ABSENT: Council Member Armintor. 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2.PROCLAMATIONS/PRESENTATIONS A. ID 18-1612 Peterbilt Pride & Class Day Mayor Watts presented the proclamation for Peterbilt Pride and Class Day. B. ID 18-1614 First Christian Church of Denton 150th Anniversary Mayor Watts presented the proclamation for First Christian Church of Denton 150th Anniversary. Council Member Armintor arrived at the meeting. C. ID 18-1691 Public Power Week Mayor Watts presented the proclamation for Public Power Week. 3. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public. 1. ID 18-1581 Pat Smith regarding New Market Tax Credits. Pat Smith spoke on New Market Tax Credits. He noted the background information on the New Market Tax Credit Program and suggested that Council consider using this program. 2. ID 18-1603 Dorothy Kuhn regarding Smart City Denton for all Dentonites. Dorothy Kuhn presented information on Smart City Denton and the details of the program which solved community problems such as solutions to enhance quality of life in Denton and what was important to citizens. City of Denton City Council Minutes October 9, 2018 Page 7 C. Additional Citizen Reports Craig Clifton spoke on the proposed SRO on Normal Street and Scripture. He was concerned about the parking requirements for the proposed development. He noted that the visitor parking requirement needed to be amended. Willie Hudspeth spoke on a possible fire training center to encourage more African American firefighters. He presented his definition of "white privilege". 4.CONSENT AGENDA Mayor Pro Tem Ryan motioned, Council Member Briggs seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item F and I to be considered individually. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", Council Member Meltzer "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance 18-1451 A. ID 18-1451 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 an agreement with the Denton Independent School District for participation in the Advanced Technology Complex Practicum of Law, Public Safety, Corrections, and Security Program for the 2018-2019 school year; for the purpose of providing a student internship assignment; and providing an effective date. Ordinance 18-1483 B. ID 18-1483 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with POWER Engineers, Inc., to provide services for Capital Improvement Projects where design or relay and control commissioning has been initiated; for providing North American Reliability Corporation (NERC) required periodic relay and protection system testing for two substations; for meeting obligations of the Texas Municipal Power Agency (TMPA) Transmission Operator, Maintenance, and Construction Services Agreement; for providing a contingency for unforeseen engineering support requirements; and for providing a contingency for emergency relay and control system support; providing for the expenditure of funds therefor; and providing an effective date (File 6861 - awarded to POWER Engineers, Inc., in the not-to-exceed amount of $776,600). The Public Utilities Board recommends approval (5-0). The minutes noted below were approved. C. ID 18-1582 Consider approval of the minutes of August 25, August 28, September 11, and September 18, 2018. City of Denton City Council Minutes October 9, 2018 Page 8 Ordinance 18-1613 D. ID 18-1613 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home rule municipal corporation, authorizing the City Manager to expend funds for payment by the City of Denton to the Texas Commission on Environmental Quality for the annual Consolidated Water Quality Fee for operation of the Pecan Creek Water Reclamation Plant; and providing an effective date. (Consolidated Water Quality Fee in the total not-to-exceed amount of $115,000.00). The Public Utility Board recommends approval (5-0). Ordinance 18-1648 E. ID 18-1648 Consider approval of a resolution of the City of Denton, Texas, authorizing the donation of surplus library books and materials to the Friends of the Denton Public Libraries; providing procedures for disposition of such property; providing an effective date. Ordinance 18-1424 G. ID 18-1424 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract through the Department of Information Resources (DIR) Cooperative Purchasing Network Contract Number DIR-TSO-4158 for the supply of software maintenance for the City of Denton Human Capital Management software; providing for the expenditure of the funds therefor; and providing an effective date (File 6876 - awarded to Oracle America, Inc. for one (1) year, with the option for two (2) additional one (1) year extensions, in a total not-to-exceed amount of $422,460 for all years). Ordinance 18-1678 H. ID 18-1678 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, accepting competitive proposals and awarding a public works contract for the construction of the Airport Sewer Line with Dickerson Construction Company, Inc., for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 6681- awarded to Dickerson Construction Company, Inc., in the not-to-exceed amount of $91,534). The items pulled for separate consideration were considered. Ordinance 18-1303 F. ID 18-1303 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 Cooperative Purchasing Agreement with the University of North Texas System for the purchase of Internet Services; authorizing the expenditure of funds therefor; and declaring an effective date (File 6860- Interlocal Cooperative Purchasing Agreement with University of North Texas System in a not-to-exceed amount of $30,000). Council Members Armintor and Meltzer recused themselves from deliberation/vote on this item. City of Denton City Council Minutes October 9, 2018 Page 9 Mayor Pro Tem Ryan 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", Mayor Pro Tem Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. Council Members Armintor and Meltzer returned to the meeting. Resolution 18-1696 I. ID 18-1696 Consider approval of a resolution concerning the transportation of spent nuclear fuel and high level radioactive waste through the City of Denton; and declaring an effective date. Kenny Banks, General Manager of Utilities, presented the background information on the resolution concerning the transportation of spent nuclear fuel and high level radioactive waste through Denton. The transportation of these materials would probably be done via rail which would move through Denton. He noted the pros and cons of the transport issue. He detailed the provisions of the resolution for Council consideration. Willie Hudspeth spoke in favor of the resolution. Council discussion included: Consider adding wording that the City did not want this and request that the license be denied There was a training/education component of the different materials being transported in terms of First Responders When considering future expansion of city facilitates the fact that the current Police Department was currently cut off from the rest of the City in an emergency Construction of the container and effect of a possible breach of the container Whether there were rail routes that would not go through Denton Council Member Armintor motioned, Council Member Briggs seconded to approve the resolution with added wording that Council requested denial of the license and that the materials remain at their current locations as it was not necessary to move them at this time due to no permanent facility being available. Mayor Pro Tem Ryan suggested two separate resolutions. One against the licensing of the facilities and one on the transportation of the materials. Council Member Hudspeth suggested tabling the item until more information was determined on which application was under consideration. Council Member Hudspeth motioned, Council Member Duff seconded table the item until later in the meeting so that the resolution could be revised. On roll call vote, Council Member Hudspeth "aye", Council Member Duff "aye", and Council Member Meltzer "aye". Council Member Briggs "nay", Mayor Pro Tem Ryan "nay", Council Member Armintor "nay", and Mayor Watts "nay". Motion failed with a 4-3 vote. Mayor Pro Tem Ryan motioned, Council Member Briggs seconded to approve the resolution. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Mayor Pro Tem City of Denton City Council Minutes October 9, 2018 Page 10 Ryan "aye", Council Member Armintor "aye", Council Member Meltzer "aye", and Mayor Watts "aye". Council Member Duff "nay". Motion carried with a 6-1 vote. 5.ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 18-1544 Consider nominations/appointments to the City’s Boards and Commissions: Health & Building Standards Commission; Library Board; and Zoning Board of Adjustment. Jennifer Walters, City Secretary, noted that current vacancies. Mayor Pro Tem Ryan had nominated Eric Horton to the Zoning Board of Adjustment and Council Member Meltzer nominated Tim Stoltzfus to the Health and Building Standards Commission. Mayor Pro Tem Ryan motioned, Council Member Meltzer seconded to approve the nominations. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", Council Member Meltzer "aye", and Mayor Watts "aye". Motion carried unanimously. B. ID 18-1686 Consider amending a resolution that authorized the creation of the Oak Gateway Steering Committee, by reducing the number of appointed Steering Committee members and establishing standing appointed representatives; and providing an effective date. Ron Menguita, Principal Planner, stated that the proposed resolution would reduce the number of members on the Committee in order to meet quorum requirements. The number of members would be reduced to 17 and would establish standing appointed representatives. Vanessa Reams, 401 Normal, Denton - spoke in favor. Council discussed whether there was a current DCTA representative. Menguita stated that currently there was no DCTA representative and he had received no follow-up from them after asking for a replacement. 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", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", Council Member Meltzer "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance 18-1689 C. ID 18-1689 Consider adoption of an ordinance of the City of Denton ("City") authorizing the City Manager, or his designee, to execute a Contract of Sale by and between Donald V. Radke and Candice R. Harris (collectively "Owner"), and the City, regarding the sale and purchase of fee simple to an approximate 0.276 acre tract, more or less, situated in Eugene Puchalski Survey, Abstract No. 996, Denton County, Texas for the purchase price of One Hundred Sixty Thousand Dollars and No Cents ($160,000.00), as prescribed in the Contract of Sale; authorizing the expenditure of City of Denton City Council Minutes October 9, 2018 Page 11 funds therefor; authorizing relocation expenditures; providing for severability and an effective date. (Bonnie Brae Street project - Phase 4 - Parcel 27 - 400 N. Bonnie Brae) Council Member Hudspeth recused himself from deliberation/vote on this item. Paul Williamson, Real Estate Manager, presented the details of items C and D in terms of location of the properties, the owners had inquired if the City was interested in purchasing the property; and the contract prices of the properties. Kim McKibben, 1306 W. Hickory, Denton - spoke regarding fairness on the purchasing of the properties. Mayor Pro Tem Ryan motioned, Council Member Briggs seconded to adopt the ordinance. On roll call vote, Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", Council Member Meltzer "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance 18-1690 D. ID 18-1690 Consider adoption of an ordinance of the City of Denton ("City") authorizing the City Manager, or his designee, to execute a Contract of Sale by and between Donald V. Radke and Candice R. Harris (collectively the "Owner"), and the City, regarding the sale and purchase of fee simple to an approximate 0.302 acre tract, more or less, situated in Eugene Puchalski Survey, Abstract No. 996, Denton County, Texas for the purchase price of One Hundred Fifty Thousand Dollars and No Cents ($150,000.00), as prescribed in the Contract of Sale; authorizing the expenditure of funds therefor; authorizing relocation expenditures; providing for severability and an effective date. (Bonnie Brae Street project - Phase 4 - Parcel 28 - 404 N. Bonnie Brae) This item was discussed with Item C. Mayor Pro Tem Ryan motioned, Council Member Briggs seconded to adopt the ordinance. On roll call vote, Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", Council Member Meltzer "aye", and Mayor Watts "aye". Motion carried unanimously. Council Member Hudspeth returned to the meeting. 6. 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 City of Denton City Council Minutes October 9, 2018 Page 12 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 Armintor City sponsored public meeting regarding the proposed SRO at Normal and Scripture Council Member Briggs Friday Report regarding an update on the tree/landscape code Mayor Pro Tem Ryan Resolution for next week’s agenda regarding disapproval/not wanting CISS licenses to be approved Committee on the Environment bring information on recycling of nuclear waste and how that might determine a future resolution for Council consideration Council Member Duff Work Session discussion on the definition of a SRO 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 8:34 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 18-1817,Version:1 AGENDA CAPTION Consider adoption of an ordinance authorizing the City Manager to execute a Water Main Cost Participation Agreement between the City of Denton, Texas and 380 Storage of Denton, LLC for the City’s participation in the oversizing of water mains and in accordance with the terms and conditions of this ordinance; authorizing the expenditure of funds therefore; and providing an effective date. (File #6874 - In the not-to-exceed amount of $105,679.35.) City of DentonPage 1 of 1Printed on 10/19/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Capital Improvements CM/ DCM/ ACM: Mario Canizares DATE: October 22, 2018 SUBJECT Consider recommending adoption of an ordinance authorizing the City Manager to execute a Water Main Cost Participation Agreement between the City of Denton, Texas and 380 Storage of Denton, LLC for the this ordinance; authorizing the expenditure of funds therefore; and providing an effective date. (File #6874 - In the not-to-exceed amount of $105,679.35.) BACKGROUND Geesling Property Trust is in the process of installing approximately 2,001 feet of water line within the City Limits of Denton (see Exhibit 2). This line is part of the public improvements they are installing as part of their Geesling Industrial Park Development project. The Development project S.H. 380 from (approximately 750 feet east of Mayhill Rd.) to Geesling Rd. The City sought to oversize the pipeline in the Denton Development Code. The purpose of the oversize is to increase the water transmission line capacity along the S.H. 380 cWater Distribution System Master Plan. The Developer presented the City with their Tabulated Calculation of the Oversize Participation Amount (see Exhibit 3). Staff has reviewed the entire tabulation and determined that 1) the quantities are correct, and 2) the unit prices are not unreasonable, based on similar work on other recent projects. Thus, Staff takes no exceptions to the oversize participation cost as prepared by the Developer. Staff has prepared a corresponding Water Main Cost Participation Agreement (see Exhibit 4). OPTIONS 1. Approve the Water Main Cost Participation Agreement as prepared and submitted by Staff. 2. Reject the Water Main Cost Participation Agreement. RECOMMENDATION Staff recommends approval of the Water Main Cost Participation Agreement as prepared and submitted. ESTIMATED SCHEDULE OF PROJECT A Pre-Construction Meeting for the overall development project was held on March 8, 2018. Construction has since begun. A Final Walk-Through Meeting has not yet been scheduled. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION 105,679.35. There is $200,000 budgeted for oversize participation in the FY 2018 (see Exhibit 5). 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 1. Agenda Information Sheet 2. Location Map 3. Tabulated Calculation of the Oversize Participation Amount 4. Water Main Cost Participation Agreement 5. FY 2017-2021 CIP Detail Sheet 6. Ordinance and Contract Respectfully submitted: W. Todd Estes, P.E. Director of Capital Improvements/City Engineer Prepared by: Jim Jenks, P.E. Interim Manager, Engineering Development Review Division City of Denton 2017-2021 CIP Improvements Projects Project Title:Oversize Waterlines Money allocated to pay the difference in construction cost of increasing a waterline size from the minimum Description: required design size indicated in the subdivision regulations to a larger diameter line size needed in the future for increased growth. Business Unit: 630200-Water-Distribution Project Type:Growth Every Year Project Project Scope: Category Code: 029-OVERSIZE LINES F.Y.Cost CodeCost TypeFunding SourceCommentAmount 2017Utility Bonds$200,000 1360-Sub Contract 40100-CONSTRUCTION $200,000 2017 Total: 2018Utility Bonds$200,000 1360-Sub Contract 40100-CONSTRUCTION $200,000 2018 Total: 2019Utility Bonds$200,000 1360-Sub Contract 40100-CONSTRUCTION $200,000 2019 Total: 2020Utility Bonds$200,000 1360-Sub Contract 40100-CONSTRUCTION $200,000 2020 Total: 2021Utility Bonds$200,000 1360-Sub Contract 40100-CONSTRUCTION $200,000 2021 Total: Project Total:$1,000,000 Comments:Subdivision regulations specify the minimum required waterline for new development based on projected usage for newly platted area. During Development Review, the City will agree to pay for additional costs to increase the line size for additional growth. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1482,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheCityManagertoexecuteaProfessionalServicesAgreementwithHRGreen,Inc.,for EngineeringDevelopmentServicesrelatedtothereviewofdevelopmentconstructionprojectsfortheCityof Denton,assetforthintheagreement;providingfortheexpenditureoffundstherefor;andprovidingan effectivedate(RFQ6818-ProfessionalServicesAgreementforEngineeringDevelopmentServicesawardedto HR Green, Inc., in the not-to-exceed amount of $815,147). City of DentonPage 1 of 1Printed on 10/19/2018 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: October 23, 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 a Professional Services Agreement with HR Green, Inc., for Engineering Development Services related to the review of development construction projects for the City of Denton, as set forth in the agreement; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6818 Professional Services Agreement for Engineering Development Services awarded to HR Green, Inc., in the not-to-exceed amount of $815,147). INFORMATION /BACKGROUND Engineering Development Review is a division of the Capital Projects Department concerned primarily with reviewing private development construction plans as they pertain to and interact with the City of , drainage, streets, parks, etc.). In this regard, the purpose of this team is to ensure that private development projects that are constructing new public infrastructure and/or connecting to the public infrastructure can be constructed safely and in accordance developers and their consulting professionals to verify that private projects will not overburden the existing development code; all pertinent City, state and f specifications, and construction details. Development projects typically move at a much faster pace than capital projects as the developer and their consultant have typically put together their plans and vetted them to the point that the developer is fully invested in the project by the time the Engineering Development Review team is engaged in the project. Further, private projects do not require competitive bidding or other solicitation to select contractors and design professionals. A private developer can simply choose the professional and contractor from the start of the project allowing some definitive advantages in streamlining the design process to start construction faster. Many times, private developers are on tight timelines to deliver their projects from a financial perspective which in turn drives the pace at which private development requires approvals of plans and plats to acquire permits for construction. The Engineering Review process has, throughout its history, been cumbersome to the point of frustration for both the development community and City staff. Currently, City staff is working through 145 active development projects with a staff of three senior engineers, one technician, and a consultant to help offset the high workload. Staff currently works 10 to 12 hour days 5 and 6 days a week to keep up with the workload. With the increasing number of development projects submitted for review since 2008, staff resources are becoming extremely limited and they have little time to focus on process improvements. The Capital Projects Department budget for Fiscal Year 2018-2019 includes two additional engineers and another technician to help bring current workloads to a manageable level. The budget also provides for the continuation of staff augmentation as demand increases by providing funding for consultant services. In preparation for this, a request for qualifications was sent to six (6) prospective firms that would provide immediate staff augmentation while the City looks to fill the three new positions. A condition of this RFQ was also to search for a consultant that will review all current review processes and fees to determine the optimal processes and resources to contend with current and future private development submittals. Staff has reviewed all submittals, interviewed the top 3 firms, and performed extensive background checks on the finalist. The responding firms for this RFQ were; 1. HR Green, Inc. 2. CGA, Inc. 3. Freese & Nichols, Inc. Following the process outlined above and discussed in more detailed during the August 6, 2018 work session, HR Green, Inc. was selected by staff for recommendation to City Council as the most qualified firm to take on this effort. An administrative contract in the amount of $90,289 was agreed upon and executed by and between HR Green Inc. and the City to evaluate the current staff and processes, begin to reduce the backlog of active projects and determine the resources required to establish a longer presence and broader contract. However, staff and HR Green, Inc. have not been able to negotiate the broader contract to completely take on all aspects of the engineering review function. As such, staff and HR Green, Inc. have revised the scope of this effort to its original scope as defined by the May RFQ to include the following: 1. Evaluate current and recommend new/best practices and processes relating to engineering review. 2. Clear the backlog of existing development cases. 3. Provide offsite review efforts for the City. 4. Evaluate current review fees and recommend new fees. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On August 6, 2018, a work Session (ID 18-1155) item was presented regarding the current state of the engineering development review process and recommendations were to develop a better process. RECOMMENDATION Award a contract with HR Green, Inc., for Engineering Development Services related to the review of development construction projects, in the not-to-exceed amount of $815,147. PRINCIPAL PLACE OF BUSINESS HR Green, Inc. Cedar Rapids, IA FISCAL INFORMATION These services will be funded from account 640380541. PO # 171438 will be revised to include the amount of $815,147 upon 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: Public Infrastructure Related Goal: 1.4 Achieve a high level of customer satisfaction EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Evaluation Sheet Exhibit 3: Staff Presentation Exhibit 4: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: W. Todd Estes at 940-349-8917 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1660,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheCityManagertoexecuteaProfessionalServicesAgreementwithHuitt-Zollars,Inc.,for EngineeringRelatedProfessionalServicesfortheMcKinneyStreetWideningProject,assetforthinthe agreement;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(RFQ6590-040- ProfessionalServicesAgreementforEngineeringRelatedProfessionalServicesawardedtoHuitt-Zollars,Inc. in the not-to-exceed amount of $1,641,200). City of DentonPage 1 of 1Printed on 10/19/2018 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: October 23, 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 Agreement with Huitt-Zollars, Inc., for Engineering Related Professional Services for the McKinney Street Widening Project, as set forth in the agreement; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-040 Agreement for Engineering Related Professional Services awarded to Huitt-Zollars, Inc., in the not-to-exceed amount of $1,731,200). RFQ INFORMATION /BACKGROUND In June of 2016 during a meeting of the Texas Transportation Commission, the City of Denton and the Texas Department of Transportation (TxDOT) agreed to transfer McKinney Street (FM 426), from Elm Street east to the City of Denton eastern city limit line, out of the TxDOT state highway system and into the City of Denton roadway network. The transfer was made official with a Quitclaim Deed signed by the Governor in July of 2016. In January of 2017, the City of Denton and TxDOT entered into an Advance Funding Agreement implementing the transfer of $18,267,303 from the State Highway 121 Subaccount to the City of Denton to be used for the widening of McKinney Street from 1.4 miles west of Loop 288 to 1.1 miles east of Loop 288. The City of Denton originally intended to use a design-build process for design and construction of the McKinney Street Widening Project. As part of the design-build process, an engineering firm is hired to represent the City and to develop 30% complete construction plans and process an RFQ and an RFP to facilitate the hiring of a design-build team. After that, the design-build team creates final construction documents and builds the project. Huitt-Zollars has now completed the creation of the 30% construction plans. Rather than moving forward with the design-build project and processing an RFQ and an RFP to hire a design- -Zollars create the final construction plans for the project and then bid the project using our typical solicitation process through our Materials Management Division. With this request, we are proposing to cancel the remainder of Huitt-Zollars original contract associated with the design-build project and enter into a new contract for final design. As part of RFQ 6590, request for qualifications for professional engineering services was -qualified list of engineering firms on March 6, 2018 (Ordinance 18-331). Huitt-Zollars, Inc. is one of the qualified firms that submitted for the Roadway Design category and has been selected for the final design of this project. The scope of services will include final design and construction support services for the McKinney Street Widening Project. The limits of this roadway project are between Loop 288 and Grissom Road. The work will include topographic surveying for design, easement preparation, final environmental consulting, public involvement activities and roadway design. Additional work will include the final design of drainage improvements, the final design of water and wastewater extensions and adjustments, coordination with franchise utilities (electric, communications, and gas), subsurface utility engineering, the creation of cost estimates, the performance of as-built surveying, and limited construction services. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On March 6, 2018, and June 5, 2018, Council approved RFQ 6590 for a prequalified list of professional engineering firms (Ordinance 18-331). On September 19, 2017, Council approved the Professional Engineering Services Agreement with Huitt-Zollars, Inc. associated with the original design-build project (Ordinance 2017-320). The original agreement will be terminated in its current status and any remaining funds will be returned to the project account once this proposed contract is approved. RECOMMENDATION Award an Agreement with Huitt-Zollars, Inc., for Engineering Related Professional Services for the McKinney Street Widening Project, in the not-to-exceed amount of $1,731,200. PRINCIPAL PLACE OF BUSINESS Huitt-Zollars, Inc. Dallas, Texas ESTIMATED SCHEDULE OF PROJECT This project will be started upon approval with the goal of completing design by May 2019. Construction is anticipated throughout FY 2019 and FY 2020. FISCAL INFORMATION These services will be funded from the following accounts RTR-McKinney St. account 250063444 in the amount of $1,388,260, McKinney Transmission Line account 630351523 in the amount of $197,600 and McKinney St. Widening (Wastewater) account 640386545 in the amount of $145,340. Requisition #139754 has been entered in the Purchasing software system in the amount of $1,731,200. STRATEGIC PLAN RELATIONSHIP ategic 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 Seek solutions to mobility demands and enhance connectivity EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7148 Purchasing Manager For information concerning this acquisition, contact: Chad Allen at 940-349-7713. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1661,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheCityManagertoexecuteaProfessionalServicesAgreementwithKimley-HornandAssociates, Inc.,fortheStandardConstructionSpecificationsPreparationassetforthintheagreement;providingforthe expenditureoffundstherefor;andprovidinganeffectivedate(RFQ6590-039-ProfessionalServices AgreementfortheStandardConstructionSpecificationsPreparationawardedtoKimley-HornandAssociates, Inc. in the not-to-exceed amount of $1,008,800). The Public Utilities Board recommends approval (4-0). City of DentonPage 1 of 1Printed on 10/19/2018 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: October 23, 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 a Professional Services Agreement with Kimley-Horn and Associates, Inc., for the Standard Construction Specifications Preparation as set forth in the agreement; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-039- Professional Services Agreement for the Standard Construction Specifications Preparation awarded to Kimley-Horn and Associates, Inc. in the not-to-exceed amount of $1,008,800). The Public Utilities Board recommends approval (4-0). RFQ INFORMATION /BACKGROUND Construction specifications are the foundation of constructing public infrastructure. These specifications describe in detail the work to be performed, accepted construction methods, how the quality of construction is determined, how the work will be measured, and how the work will be paid. The more clearly and plainly these items are described, the better the understanding a contractor bidding a project will have of the expectations and ground rules required by the City during the bidding process. Clearly defined specifications minimize change orders which, by extension, reduces potential risks incurred by the City with respect to increases in scope, budget, and schedule. The City of Denton currently utilizes multiple sets of specifications to construct public infrastructure leading to confusion and complication between the City and its general contractors during construction. (NCTCOG) Public Works Specifications with addendums specifically required by the City of Denton that either modify add to or completely changes certain portions of the NCTCOG specifications. In addition to these specifications, references are also made to other specifications \[i.e. Texas Department of Transportation (TxDOT), Manual on Uniform Traffic Control Devices (MUTCD), Texas Accessibility of having multiple specification references causes potential misunderstanding between the contractor and the City from the beginning of the project and is one of the most frequent causes of change orders shortly after construction begins. As part of this effort, all construction contracts and bid documents will need to be revised as these documents reference each other throughout. When bidding a project, a complete project manual is assembled for bidders to thoroughly understand the terms and conditions of the contract, the minimum requirements of the contractor to perform the work, and the specifications that must be met for the City to accept the work. To further reduce misunderstanding through the bid process, these documents would be assembled in the Construction Standards Institute in the construction industry and relies on putting all specifications and documents required to contract a construction project into uniform divisions and chapters that are consistent regardless of the project. The final part of documents. These documents will be utilized by every public works project the City is engaged in executing and will be utilized by the private development community when constructing infrastructure to be accepted construction specifications will be updated on an annual basis. Construction specification related change orders account for an average of 1% of the construction cost. In other words, per $1,000,000.00 in construction costs, specification related change orders can be reasonably expected to be about $10,000.00. Recently, the City of Denton has seen changes orders before construction had even started both the US377 (Fort Worth Drive) project and the FM2181 (Teasley Lane) projects. In both cases, specifications were unclear, confusing or incorrectly referred to such that change orders were necessary to keep both projects moving. In both cases, the net change order amount was an increase in approximately 1% of the construction cost. With approximately $122,000,000.00 in construction anticipated to be let next calendar year, it is imperative to establish strong, clear and precise specifications to prevent specification related changes orders that could amount to $1,220,000.00 in cost increases before construction even begins. With over 130-specifications to be written, vetted and assembled while still focusing on project delivery, staff availability to write these specifications is extremely limited. On average, a well written specification will take a month to research, write, vet and publish if being done by one person with limited other responsibilities. This would take over 10-years to completely assemble a stand alone set of specifications. If pushing hard and working over time, 2 specifications could be completed per month bringing the time to complete down to just over 5-years. With projects requiring the best possible specifications as early as January in 2019, staff decided to outsource this work to ensure quality in the specifications while expediting the work so that specifications will be ready. To accomplish the same pace of delivery with inhouse staff would require 6 or 7 people to be dedicated to this effort for the next year. If current personnel was engaged e point that timelines would inevitably slip. With construction inflation compounding 1% per month, any delay in getting projects to construction would outpace any savings expected by having staff perform this work. Request for Qualifications for professional engineering services was solicitation process. City Council approved a pre-qualified list of engineering firms on March 6, 2018 (Ordinance 18-331).Kimley-Horn and Associates, Inc. was qualified in all categories (Project Management, Development Review, Roadways, Traffic Signals, Storm Water, Wastewater, and Water) and has been selected for the Standard Construction Specifications Preparation. Kimley-Horn and Associates, Inc. also has experience writing specifications and bid documents on this scale for other municipalities such as the City of Fort Worth, Texas. The proposed engineering contract for this project will be on an hourly basis with a not-to-exceed amount of $1,008,800.00. The scope of services will include: Project Management Contract Requirements Preparation Technical Specifications Preparation Right-of-Way Ordinance Preparation Training and Implementation Staff has reviewed the fee schedule in comparison with the scope of services and agree it is reasonable to the work being performed. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On March 6, 2018, and June 5, 2018, Council approved RFQ 6590 for a prequalified list of professional engineering firms (Ordinance 18-331). On October 8, 2018, the Public Utilities Board (PUB) recommended this item to the City Council for consideration. RECOMMENDATION Award a professional services agreement with Kimley-Horn and Associates, Inc., for engineering services associated with the Standard Construction Specifications Preparation in a not-to-exceed amount of $1,008,800. PRINCIPAL PLACE OF BUSINESS Kimley-Horn and Associates, Inc. Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT This project will be started upon approval with the goal of completing by January 2020. FISCAL INFORMATION These services will be funded from Capital Project account 250079469. Requisition #139673 has been entered into the Purchasing software system in the amount of $1,008,800. The budgeted amount for this item is $1,008,800. 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 Capital Improvement Program (CIP) based on community needs EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Staff Presentation Exhibit 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Todd Estes at 940-349-8917. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1741,Version:1 AGENDA CAPTION ConsiderapprovalofaresolutionoftheCityofDentoncreatinganadvisorycommitteetoconsiderandadvise CityCouncilondisabilityconcernssuchasaccessibilityandaccommodations;repealingResolution2007-030 which previously established Denton’s Committee of People with Disabilities; and providing an effective date. City of DentonPage 1 of 1Printed on 10/19/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: CM/ DCM/ ACM: Mario Canizares DATE: October 23, 2018 SUBJECT Consider approval of a resolution of the City of Denton creating an advisory committee to consider and advise City Council on disability concerns such as accessibility and accommodations; repealing Resolution 2007- effective date. BACKGROUND On September 25, 2018, staff presented to City Council in a Work Session seeking direction about the establishment of an advisory committee on persons with disabilities. At the Work Session, staff presented a brief history on a Citizens Committee that had been established in 2007 and supported by former Mayor, Perry McNeill. The Committee was an affiliate of the Texas G Disabilities. The Citizens Committee was established by Resolution No. 2007-030. main principals were comprised of 8-10 individuals which met on a regular basis and the group was very active. Over a few years, the group of interested individuals grew to about 40+ people. The Committee sponsored and organized White Cane Day which is an annual event that educates the public about contributions made by the blind and visually impaired. The Committee also worked closely with DCTA personnel to discuss public transportation issues affecting disabled individuals. The Committee last met in October 2014 and no additional meetings have been scheduled over the past four years. At the September 25, 2018, Work Session it was the consensus of City Council to establish a 11-person Council appointed committee. Based on the number of City capital projects and major programs that are being planned and are underway, the recommended scope of the Committee is to advise City Council and city staff on the following areas: Construction of new and repairing existing sidewalks, ramps, and crosswalk features; The creation of an ADA Transition Plan; The planning and development of an adaptive/handicap accessible park; Provide guidance on incorporating new or enhanced signage at the City facilities; Advise on improvements for new and existing City facilities; Provide input on parking lot rehabilitation projects; Provide input for improving City operations; and Provide input for improving the operations of other entities. RECOMMENDATION It is the recommendation of City Staff that the City Council approve the associated resolution to establish a City Council appointed advisory Committee on People with Disabilities. PRIOR ACTION/REVIEW -September 25, 2018, a Work Session presentation was made for City Council -August 31, 2018, an Informal Staff Report (ISR) was included in the Friday packet. 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: 4.5 Provide support to citizens in need through social service agencies and programs EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Proposed resolution Exhibit 3: PowerPoint Presentation Exhibit 4: Resolution No. 2007-030 Respectfully submitted: Mario Canizares, Assistant City Manager