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010821 Friday Staff Report City Manager’s Office 215 E. McKinney St., Denton, TX 76201  (940) 349-8307 OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service MEMORANDUM DATE: January 8, 2021 TO: The Honorable Mayor Hudspeth and Council Members FROM: Todd Hileman, City Manager SUBJECT: Staff Report I. Council Schedule A. Meetings 1. Public Utilities Board on Monday, January 11, 2021 at 9:00 a.m. via video/teleconference – City Council Work Session Room. 2. Cancelled - Traffic Safety Commission Meeting on, Monday, January 11, 2021 at 12:00 p.m. in the City Council Work Session Room. 3. Historic Landmark Commission on Monday, January 11, 2021 at 3:00 p.m. via video/teleconference – City Council Work Session Room. 4. Special Called - City Council on Tuesday, January 12, 2021. Work Session begins at 3:00 p.m. followed by Public Hearing items at 6:30 p.m. via video/teleconference – City Council Work Session Room. 5. Special Called - Tax Increment Reinvestment Zone No. 2 Board on Wednesday, January 13, 2021 at 11:00 a.m. via video/teleconference – City Council Work Session Room. 6. Cancelled - Economic Development Partnership Board on Wednesday, January 13, 2021 at 11:30 a.m. in the City Council Work Session Room. 7. Cancelled - Agenda Committee Meeting Wednesday, January 13, 2021 at 2:30 p.m. in the City Manager’s Conference Room. 8. Cancelled – Airport Advisory Board on Wednesday, January 13, 2021 at 5:30 p.m. in the Airport Terminal Meeting Room. 9. Airport Advisory Board on Thursday, January 14, 2021 at 11:00 p.m. via video/teleconference – City Council Work Session Room. II. General Information & Status Update A. Pending Council Requests Work Session Topics – Pursuant to Ordinance No. 19- 2026, the following items will be discussed during the January 12 City Council work session. Each week, the topics that will be presented during the next week’s agenda will be included in the Friday Report the prior week. Staff contact: Stuart Birdseye, City Manager’s Office 1. Have the City to audio record and archive as confidential all closed Council and board/committee meetings. a. Requestor: Council Member Armintor b. Council Member Request: Council Member Request: I would like the city to audio record and archive as confidential ALL closed Council and board/committee meetings for posterity, to keep us honest, and in the event that current or future councilmembers, board or committee members, or city attorneys need to go back to them at some future point (at City Hall, as a confidential document not for home viewing) to confidentially jog our memory, to catch up with a missed closed session, or to answer a question. Recordings of closed meetings could have the added benefit of conceivably settling any potential question, dispute of fact, or possible misunderstanding about what was said in past closed meetings. When we meet on Zoom, we can confidentially archive video recordings too. Otherwise we can do strictly audio recordings. c. Staff Information: The Boards and Commissions Handbook includes information about Records of Meetings. The information below is what is included: Records of Meetings The Act requires that minutes or a tape recording be kept of each open meeting. These shall be considered public information. Moreover, during a closed meeting, either a certified agenda or tape recording of the session must be kept, except as provided under the Texas Local Government Code, section 551.103, which states, in part, “… except for a private consultation permitted under section 551.071 (Attorney/Client Privileged Consultation)…” The records kept for the closed meeting are considered confidential information and may not be released unless ordered by a court. To maintain compliance with TOMA, staff currently keeps a certified agenda for Closed Session items on file. The process that the City Secretary’s Office uses for this is outlined in the attached document. B. Employee COVID-19 Vaccine Update – City employees were provided an update regarding vaccine availability on December 30, 2020. Fire Department personnel has had an opportunity and continues to have slots to be vaccinated. Denton County is following the Department of State Health Services (DSHS) guidelines. DSHS has instructed all vaccine providers to open up and begin administration to Tier 1B immediately. https://www.dshs.texas.gov/coronavirus/immunize/vaccine.aspx 2 If anyone who falls into the below category and would like to be vaccinated, they can call Denton County Public Health (DCPH) at (940) 349-2585 to pre-register for a vaccine clinic. NOTE: Due to high call volume, it may take several calls to get through the line. You can also view other vaccine provider locations here Texas Phase 1B Vaccine Priorities: • People 65 years of age and older • People 16 years of age and older with at least one chronic medical condition that putsthem at increased risk for severe illness from the virus that causes COVID-19, such as but not limited to: • Cancer • Chronic kidney disease • COPD (chronic obstructive pulmonary disease) • Heart conditions, such as heart failure, coronary artery disease or cardiomyopathies • Solid organ transplantation • Obesity and severe obesity (body mass index of 30 kg/m2 or higher) • Pregnancy • Sickle cell disease • Type 2 diabetes mellitus Staff Contact: Tiffany Thomson, Human Resources C. New Chief Technology Officer – The City of Denton is excited to welcome Leisha Meine as the new Chief Technology Officer. Leisha is departing the City of Irving where she has served as the CTO since 2014. Prior to working for Irving, Leisha also served as the Director of IT in Odessa, TX and served as the Director of IT in University City, MO prior to Odessa. Leisha’s educational background includes a BS in Information Technology and a Master’s in Public Administration. Leisha will begin her new position in February. Until such time, Drew Allen will continue to serve as the Interim Chief Technology Officer. We are so excited that she is joining the City of Denton Team. Staff contact: Sara Hensley, City Manager’s Office D. 2021 State of the City Event – The annual State of the City event will be held virtually on Thursday, February 4. Staff is finalizing the details and agenda, and will provide an outline of this year’s event in next week’s Friday Report. Staff contact: Rachel Balthrop Mendoza, City Manager’s Office 3 E. New City-Related Bills Filed – While the 87th Session of the Texas Legislature is scheduled to convene on January 12, 2021, the filing period for proposed legislation is open. As in past sessions, numerous pieces of legislation have been proposed that effect cities, including the City of Denton. The Texas Municipal League provides its member cities with summaries of all city-related bills filed during the legislative session. The attached bill list represents bill summaries of city-related bills filed since Dec. 15. Staff is actively reviewing these proposed bills to evaluate their potential impact and develop strategies to engage in outreach with the legislature and our local delegation prior to and during the upcoming session. Questions regarding any piece of legislation or to receive the full text of legislation, please contact Ryan Adams or Rachel Balthrop Mendoza. Staff contact: Ryan Adams, Customer Service and Public Affairs F. SBA Announces Re-Opening of Paycheck Protection Program – The SBA has announced that the Paycheck Protection Program (PPP) will reopen for new borrowers and certain exiting borrowers the week of Jan. 11, 2021. The SBA has announced that, “To promote access to capital, initially only community financial institutions will be able to make First Draw PPP Loans on Monday, Jan. 11, and Second Draw PPP Loans on Wednesday, Jan. 13. PPP will open to all participating lenders shortly thereafter. Updated PPP guidance outlining Program changes to enhance its effectiveness and accessibility was released on Jan. 6. This round of the PPP continues to prioritize millions of Americans employed by small businesses by authorizing up to $284 billion toward job retention and certain other expenses through March 31, 2021, and by allowing certain existing PPP borrowers to apply for a Second Draw PPP Loan.” There were many changes made to the PPP program in the coronavirus relief package passed in December. Businesses should review the changes and guidelines carefully, and work directly with their financial institution or bank, accountants, and financial/business advisors to ensure they have the proper documents and understand program parameters, especially those related to loan forgiveness. Staff has provided information released by the SBA in the attachments. These attachments include links to the new program guidance. Visit the SBA’s PPP page for additional information. Staff contact: Jessica Rogers, Economic Development G. Business Education and Training Opportunities through SBA and SBDC – The Small Business Administration (SBA) and smaller Small Business Development Centers (SBDC) offer many free training opportunities to assist businesses, including offering direct support regarding the Paycheck Protection Program, Economic Injury Disaster Loans, and other financial programs. The North Central Texas Small Business Development Center (SBDC) remains open to assist clients and small businesses in the Denton area. With the funding provided by the CARES Act, the SBDC is providing free educational webinars, covering such areas as legal contract fundamentals, and marketing. The local SBDC office is planning to host monthly PPP related webinars. Staff will provide links and dates once those are scheduled. Businesses can also make an appointment online through the SBDC webpage (https://www.nctc.edu/small-business-development-center/) to speak with an business advising expert directly. Appointments can also be requested by calling the local SBDC office at (940) 498-6470 or sending an email to Lori Logan 4 at llogan@nctc.edu. All advising sessions are provided at no cost and are confidential for the client. The SBA Dallas/Fort Worth District Office also hosts and promotes online training and assistance programs through resource partners, including through SCORE, a nonprofit organization dedicated to helping small businesses, and other SBDC offices and support organizations. Those interested in the available trainings and courses can see the full schedule by going to the District Office webpage at https://www.sba.gov/offices/district/tx/dallas-fort-worth and scroll down to the “Small Business Events section” near the middle of the page. Staff will continue to promote and provide information about events and training opportunities as they become available. If a business does not know where to get training information or assistance, they can contact the City’s Economic Development Office at economic.development@cityofdenton.com or (940) 349- 7776 and staff can assist in locating resources or support partners for the business. Staff contact: Jessica Rogers, Economic Development H. Comprehensive Solid Waste Management Strategy Update – In October 2020, the City of Denton entered into a contract with Burns and McDonnell (B&M) to complete a Comprehensive Solid Waste Management Strategy (CSWMS) for the City of Denton. Since that time, B&M has been working to gather and evaluate the City’s waste disposal and recycling characteristics, through a cart/container audit, and completing a review of background operational and fiscal data in addition to working with staff to plan next steps of the project. In the next few weeks, a CSWMS website/portal will go live to allow residents and business owners/operators to provide feedback and input on proposed waste management opportunities and techniques via an on-line survey. The closing question of this survey will allow respondents with the potential opportunity to volunteer to participate in a focus group/think tank to help address feedback on the data gathered. I addition to volunteers, staff will work to directly recruit focus group/think tank participants from its commercial and residential customers, contractors, and users of the City of Denton Landfill. It is our goal to recruit between 50 and 80 focus group/think tank participants to work on this phase of the CSWMS. The on-line survey will be open for several weeks starting toward the end of January. Online focus group/think tank meetings are scheduled to take place starting in March 2021. Draft CSWMS components should be available for discussion and consideration by appropriate boards, committees, and the council late Spring 2021. Staff Contact: Brian Boerner, Solid Waste and Recycling I. City Budget – A recent Denton Record Chronicle editorial article on January 8 compared budgets of various cities and the operating expenses per capita. A more appropriate comparison would be of general fund budgets as each city offers various services and utilities. Comparisons amongst general funds are also incomplete as each City has various fund structures and service levels. 5 The City’s $1.35 billion budget is inclusive of both the operating and capital budget and houses several different funds. Denton is a full-service city and owns the vast majority of utilities that are provided for the citizens. The City’s general fund has a budget of $140 million and includes Fire, Police, Libraries, and Parks and Recreation, among other services. In addition, the City’s budget includes a capital budget of $610 million which includes funding for the recently approved Bond Program and other Council-approved capital projects. The Utilities- Electric, Water, Wastewater and Solid Waste- are known as enterprise funds. These funds function essentially like a business; paying for their expenses from the revenues they receive for the services provided. The largest utility budget is the Denton Municipal Electric budget at $231 million, which is a service several cities do not offer. The City’s Internal Service Funds receive revenue from other City funds for the services they provide, like technology support from Technology Services and procurement and solicitation from Materials Management. Below is a summary of the City of Denton’s budget compared to the other municipalities mentioned in the article. The table compares the total operating and capital budgets, population of each city, and a per capita operating expenditure amount. It’s important to look at the types of funds included in each municipality’s budget and the services provided. Below is a comparison of the types of funds included in the budgets of other municipalities. Staff contact: Cassey Ogden, Finance J. Accessory Dwelling Units – In the November 2020 draft prepared for discussion at Development Code Review Committee (DCRC), staff included an amendment to the Accessory Dwelling Unit (ADU) use specific standards to set new required maximum and minimum square footages for ADUs, among other clarifications. Staff is proposing a maximum square footage of 900 (currently 1,000 SF) for ADUs because that is the minimum square footage allowed for a new single‐family detached dwelling unit. Setting this maximum, in addition to only allowing that an ADU be 50% of the principal dwelling units square footage, ensures that ADUs will always be smaller than the principal dwelling unit; the changes to the maximum square footages along with recommended changes as to the location of the ADU was being proposed to protect existing single family neighborhoods, allowing an ADU as a means to provide affordable housing, but not unintendedly allowing for a duplex that might otherwise require a Specific Use Permit. Another item staff wanted to raise for discussion is that some approved ADU’s have 2-3 bedrooms, provided on-site 6 parking is achievable; staff raises this item for discussion to due to the possibly of the ADU functioning more like an additional primary dwelling or duplex. Council may recall a similar discussion when the Hunter Ranch and Cole Ranch MPCs were amended. The changes included in the MPCs was to limit the ADU to a 1-bedroom unit but no minimum square footage was established. Staff was proposing (for discussion) establishing a minimum square footage of 400 for ADUs because that is the minimum allowed for a multi‐family dwelling unit. The DDC establishes the minimum square footage for a Tiny Home at 300 square feet and based on prior council direction, is only permitted as part of the Tiny Home Development which requires a rezoning to a Planned Development (PD). Staff is currently revaluating these initial recommendations in conjunction with the Affordable Housing Needs Assessment that is currently being prepared to provide for a more holistic approach with the intended policy of unbridling regulatory barriers to provide affordable housing; the 2019 Denton Development Code (DDC) removed the requirement of needing a Specific Use Permit for the an ADU. Additionally, this item (and others) will be presented to the DCRC for initial discussion in the next 2 months. Any DDC amendment would be presented to City Council at a work session for policy direction prior to scheduling public hearings with the Planning and Zoning Commission and ultimately City Council. Staff contact: Richard Cannone, Development Services K. Audit of Procurement Card Process (August 2019) Update – In August 2019, Staff published a report detailing an internal audit of the City’s Procurement Card Process and issued 14 recommendations. In September 2020, a follow-up review of this audit was performed. At that time, Staff determined that 13 of the issued recommendations were implemented and one recommendation was in progress. The remaining recommendation stated: “The P-Card policies and procedures need to be updated prohibiting assigning cards to individuals responsible for administering the program.” The follow-up review found that no current p-card administrators were assigned p-cards; however, this prohibition had not yet been formalized. As of January 4, 2021, a revised P-Card Manual has been issued that adequately prohibits administrators of the p-card program from being assigned p-cards. Based on this information, the last outstanding recommendation from this audit has been implemented. As such, the Procurement Card Process Audit is officially closed with a recommendation implementation rate of 100 percent. All written reports on this audit are available for review on the City’s website at the Internal Audit webpage. Staff contact: Madison Rorschach, Internal Auditor L. City Firing Range – On December 20, Council Member Armintor requested information about the lead clean up at the outdoor firing range once it closes. The City is currently working on quotes for an assessment of lead and metal at the existing Firing Range. Staff will provide an update to Council once they receive the estimated cost and phases that are recommended for a clean-up of the site. Staff contact: Sara Hensley, City Manager’s Office 7 M. Evers Parkway and Cobblestone Row Potential Traffic Calming Devices – On January 3, Council Member Armintor forwarded a resident’s inquiry about the potential instillation of traffic calming devices in her neighborhood to Capital Projects staff. Staff has visited the requested location and has observed the existing traffic patterns and characteristics. Both streets are adjacent to Evers Park and Evers Elementary, two land uses that generate high levels of pedestrian traffic. As a result, both streets are candidates for the potential installation of speed cushions. Prior to proceeding with the potential installation of traffic calming devices, staff will need to collect the standard traffic speed and volume data to confirm if these devices are warranted. The speed study has been scheduled for mid-February, staff will report back in a future Friday Report with the study results and the recommended traffic calming measures. In addition, staff will evaluate other solutions such as additional all-way STOPs and improvements to the school zone signage to help during school start and dismissal times. Staff contact: Brian Jahn, Capital Projects N. Closed Captioning Recommendation by the Committee on Persons with Disabilities – At their November 19, 2020 meeting, the Committee on Persons with Disabilities (COPWD), at its request, received a report and update on technology options that could provide for closed captioning of public meetings. The Committee was provided information on and held discussions regarding the following available captioning options: 1. Continuing the status quo of posting COPWD meetings to the City’s YouTube channel where viewers can utilize YouTube’s native captioning feature. 2. Utilizing a non-live captioning option through the City’s existing streaming partner, Swagit, that would make captions available with demand videos, but not in real time during the meeting. 3. A live streaming option that would provide live captioning as the meeting is occurring. This would not involve captions being made available for on-demand meeting videos. After discussion, the Committee recommended the Council consider approval of the inclusion of funds within the FY 2021-22 budget for the live captioning solution (option 3, above) for both City Council meetings and COPWD meetings. Staff will present this as a supplemental budget request through during the FY 2021-22 budget development process this summer. Staff contact: Ryan Adams, Customer Service and Public Affairs O. Denton County COVID-19 Relief Fund (CRF) Eviction Prevention, State and Federal Eviction Prevention Funding – The passage of the federal coronavirus relief legislation has three direct impacts to housing and homelessness prevention funding on a local level: • $25 billion for rental assistance to be administered by the Treasury Department; • An extension of the current CDC eviction moratorium through January 31, 2021; • An extension of the deadline for states and localities to spend down Coronavirus Relief Fund dollars through December 31, 2021 New Emergency Rental Assistance Funding 8 The $25 billion for rental assistance from the Treasury Department will be allocated to local governments with populations over 200,000 within 30 days of passage of the relief bill (no later than January 21, 2021). Early estimates put Denton County at receiving $24 million for rental assistance. At least 90% of funding must be used for rent, rental arrears, utility arrears, and other housing expenses resulting from the pandemic for eligible households. Renter households will be considered eligible for the new funding if one or more members meets the following criteria: • Qualifies for unemployment or has experienced a reduction in household income, incurred significant costs, or experienced a financial hardship due to COVID-19; • Demonstrates a risk of experiencing homelessness or housing instability; and • Has a household income at or below 80 percent of the area median. Coronavirus Relief Fund Extension On December 29, 2020, the Denton County Commissioners Court approved an additional $771,536 in Coronavirus Relief Fund dollars for Eviction Prevention bridge services through the CRF Eviction Prevention program. The program maintains the same requirements including the 3-month cap for assistance. The final date for applications to the fund will be January 22, 2021, but may occur sooner if all funds are expended before then. Emergency Solutions Grant The Emergency Solutions Grant CARES Act (ESG-CV) program has been implemented, and Christian Community Action, Grace Like Rain, Giving Hope and the Salvation Army of Denton are all currently receiving referrals for rental assistance. Staff confirmed that all agencies can and will implement the grant under the existing terms of the Service Agreement. The United Way of Denton County developed the attached Eviction Prevention Resource Guide to assist case managers as they refer households for assistance. The guide will be updated as additional funding sources are made available. Staff contact: Courtney Cross, Community Services P. Beaver Relocated to Clear Creek Natural Heritage Center – On Saturday, January 2, a Denton resident found a beaver in the middle of Bonnie Brae and University. The resident contacted Animal Services and kept the beaver contained until experts arrived. With cooperation from Animal Services, Parks and Recreation, Clear Creek Natural Heritage Center (CCNHC) neighbors, and Master Naturalists, the beaver was safely captured and relocated to the CCNHC wetlands. Staff experts believe the beaver to be a one-year-old female, affectionately named Betsy. Betsy should live a long beaver life at CCNHC and add to the genetic diversity in the beaver population. Pictures attached. Staff contact: Drew Huffman, Parks and Recreation; Randi Weinberg, Animal Services 9 III. Upcoming Community Events and Meetings A. Events 1. None IV. Attachments A. Process for Certified Agendas ........................................................................... 11 B. TML Bill Listing .............................................................................................. 14 C. SBA Press Release ........................................................................................... 27 V. Informal Staff Report A. 2021-001 Gibbons Creek Q&A......................................................................... 30 B. 2021-002 Recycling Center Discussions ........................................................... 34 C. 2021-003 LED Upgrade Project Status ............................................................. 37 VI. Council Information A. Council Requests for Information .................................................................... 39 B. Council Calendar ............................................................................................. 41 C. Future Work Session Items .............................................................................. 44 D. Street Construction Report ............................................................................... 45 10 CITY SECRETARY’S OFFICE PROCESS CERTIFIED AGENDA CLOSED MEETING ITEMS Exception: Any issue discussed under TOMA Section 551.071, Consultation with Attorney has no certified agenda/recording as none is required by State law. 1. For any closed meeting item appearing on an agenda, a Certified Agenda Template is drafted. See sample below. If multiple closed meeting items are to be deliberated, separate templates are prepared. If any item under the noted sections below also includes Consultation with Attorney (551.071), an annotation in the summary includes that “Other issues discussed were under consultation with attorney and therefore not outlined. 11 City Secretary’s Office Certified Agenda Process Page 2 of 3 2. The City Secretary’s Office representative takes notes during the meeting and as soon as possible completes the form in its entirety which will also include a summary of discussion. 3. The Certified Agenda envelope is prepared. See below. Previously, the caption was an abbreviated version. If multiple closed meeting items are to be deliberated, separate envelopes are prepared. 4. The completed certified agenda is given to the Mayor for review/signature as soon as practicable. If more than one, the certified agenda/corresponding envelope are clipped together a. Changes to the summary of any certified agenda are made upon request of the Mayor. b. After signing, the Mayor places the certified agenda in the corresponding envelope, seals it and returns the envelope(s) to the City Secretary (or Deputy/Assistant). Note: Typically, the certified agenda is given to the Mayor to sign at the next meeting, unless staff happens to see him when he comes in to sign the meeting documents (ordinances/resolutions) later in the week. 5. The City Secretary (or Deputy/Assistant) initials the back of the envelope, stamps the city seal, and tapes the envelope. a. If the certified agenda was returned unsealed, the City Secretary (or Deputy/Assistant) seals it, etc. 6. The Certified Agenda Log is updated to reflect the addition of a certified agenda to the records in the City Secretary’s Office vault files. See sample below. 7. Annually or as soon as practicable, an Authorization for Records Disposal will be sent to the City Attorney, including the Log, for review/approval to purge any Certified Agenda that has met its retention period or request that any certified agenda(s) be retained due to existing litigation. 8. Once the Authorization for Records Disposal has been fully routed and approval obtained from the City Manager, City Auditor, City Attorney, and City Secretary, and Department Director records are purged via shredding. 12 City Secretary’s Office Certified Agenda Process Page 3 of 3 9. In the event any member of the City Council not present at a closed meeting asks to review a certified agenda, the “Log” is updated to reflect the date the member reviewed the certified agenda. a. The agenda may only be viewed in the presence of the City Secretary (Deputy/Assistant). b. The City Secretary (Deputy/Assistant) creates a new envelope, places the original/unchanged certified agenda in the new envelope, initials the back of the envelope, stamps the city seal, and tapes the envelope. i. An annotation is made on the envelope on who/when the certified agenda was viewed. 10. The certified agenda shall never be released unless requested by the City Attorney due to a court order. Proof will be required. 13 City‐Related New Bills Filed  (TML New Bill List Posted 01/08/20)  (Editor’s Note: You will find all of this session’s city-related bill summaries online at https://www.tml.org/319/Legislative-Information.) PROPERTY TAX H.B. 951 (Raymond) – Property Appraisal: would require the chief appraiser to exclude from the market value of real property any improvement, or feature incorporated into an improvement, made to a property if the primary purpose of the improvement or feature is compliance with the requirements of the 2010 Americans with Disabilities Act Standards for Accessible Design or any successor standards. (See H.J.R. 50, below.) H.B. 952 (Raymond) – Property Tax Appraisal: would provide that land qualifies for appraisal as qualified open-space land if it: (1) is currently devoted principally to agricultural use to the degree of intensity generally accepted in the area; and (2) was acquired by a person who owns land that is: (a) appraised as qualified open-space land; and (b) adjacent to the land acquired. H.J.R. 50 (Raymond) – Property Tax Exemption: would amend the Texas Constitution to authorize the legislature to exclude from the market value of real property any improvement, or feature incorporated into an improvement, made to a property if the primary purpose of the improvement or feature is compliance with the requirements of the 2010 Americans with Disabilities Act Standards for Accessible Design or any successor standards. (See H.B. 951, above.) PUBLIC SAFETY H.B. 919 (Leman) – Federal Firearms Regulations: would: (1) prohibit a city council or an officer, employee, or other body that is part of a city (including a police department) from adopting a rule, order, ordinance, or policy under which the city enforces, or allows the enforcement of, a federal statute, order, rule, or regulation enacted on or after September 1, 2021, that purports to regulate a firearm, a firearm accessory, or firearm ammunition if the statute, order, rule, or regulation imposes a prohibition, restriction, or other regulation, such as a capacity or size limitation, a registration requirement, or a background check, that does not exist under Texas law; and (2) provide that a violation of the prohibition in (1) may be enforced: (a) by denying state grant funds to the city; and (b) through court action by the attorney general. H.B. 929 (Sherman) – Body Worn Cameras: This bill known as the “Botham Jean Act,” would, among things: (1) require a body worn camera policy include provisions related to collection of a body worn camera, including the applicable video and audio recorded by the camera, as evidence; (2) amend current law to provide that, other than in a non-confrontational encounter with a person, a peace officer who participates in an investigation of the offense of intentionally or knowingly deactivating a recording device being used in the investigation shall 14 keep a body worn camera activated for the entirety of the investigation unless the camera has been collected as evidence by another peace officer in accordance with a body worn camera policy or applicable law; (3) provide that body worn camera recording is confidential and not subject to disclosure under the Public Information Act if: (a) the recording documents a victim of a crime expressing a clear and unambiguous desire to not be recorded or allow the recording to be made available to the public; (b) the recording documents a person providing assistance to a law enforcement investigation and expressing a clear and unambiguous desire to not be recorded or provide the assistance in an anonymous manner; (c) the recording documents a child younger than 17 years of age; or (d) the recording was made: (i) on the grounds of any public or private primary or secondary school; or (ii) inside a home by a peace officer who entered the home with either a warrant, with consent or under lawfully authorized exigent circumstances; (4) provide that a person commits a felony of the third degree if the person knows that an investigation (defined as an inquiry conducted by a law enforcement agency to determine whether a person has committed an offense or an employee of a law enforcement agency has violated policy, order, rule or other regulation of the agency) is ongoing and intentionally or knowingly deactivates, orders the deactivation of, or causes to be deactivated a recording device, including a dash cam, a body worn camera, and an alarm system, being used in the investigation; and (5) provide that it is an affirmative defense to prosecution for an offense defined in (4), above, that: (a) a peace officer, other than the peace officer to whom the body worn camera was issued, deactivated the camera in accordance with any policy adopted by the employing law enforcement agency regarding collection of evidence and applicable law; or (b) a non-peace officer deactivated the recording device at the request or command of a peace officer and such request or command was made in accordance with any policy adopted by the employing law enforcement agency regarding collection of evidence and applicable law. H.B. 957 (Oliverson) – Federal Firearm Regulations: would: (1) prohibit a city council or an officer, employee, or other body that is part of a city (including a police department) from adopting a rule, order, ordinance, or policy under which the city enforces, or allows the enforcement of, a federal statute, order, rule, or regulation that purports to regulate a firearm suppressor if the statute, order, rule, or regulation imposes a prohibition, restriction, or other regulation that does not exist under Texas law; and (2) provide that a violation of the prohibition in (1) may be enforced: (a) by denying state grant funds to the city; and (b) through court action by the attorney general. H.B. 959 (Reynolds) – Civilian Complaint Board: would create, in a city with a population of 500,000 or more, a civilian complaint review board with, among other things, the authority to: (1) investigate complaints alleging peace officer misconduct that involve: (a) excessive use of force; (b) improper use of power to threaten, intimidate, or otherwise mistreat a member of the public; (c) a threat of force; (d) an unlawful act, search, or seizure; or (e) other abuses of authority; and (2) issue subpoenas. S.B. 250 (Alvarado) – Medical Marihuana: would: (1) authorize the possession, use, cultivation, distribution, transportation, and delivery of medical cannabis for medical use by patients for whom a physician determines medical use is the best available treatment for the patient’s medical condition or symptoms; (2) authorize the licensing of dispensing organizations; (3) authorize an application fee for licenses to operate a dispensing organization; and (4) prevent 15 political subdivisions from enacting, adopting, or enforcing a rule, ordinance, resolution, or other regulation that prohibits the cultivation, production, dispensing, or possession of medical cannabis as authorized by the bill. S.B. 269 (West) – Marihuana: would: (1) authorize the cultivation, manufacture, processing, distribution, sale, testing, transportation, delivery, transfer, possession, and use of cannabis and cannabis products; (2) allocate tax revenue derived from cannabis and cannabis products as follows: (a) 33 percent to the cannabis regulation account, (b) 33 percent to the cannabis testing and quality control account, and (c) the remainder the Public School Teacher Salary Support Account; (3) authorize the imposition of licensing and application fees; (4) require an occupational license; (5) create a criminal offense relating to distribution of cannabis to a minor; (6) prevent political subdivisions from enacting, adopting, or enforcing a rule, ordinance, resolution, or other regulation that prohibits or unreasonably restricts the cultivation, production, processing, dispensing, transportation or possession of cannabis or cannabis products or the operation of a cannabis grower, cannabis establishment, cannabis secure transporter, or cannabis testing facility as authorized by the bill; and (7) allow a political subdivision to adopt regulations consistent with the bill governing the hours of operation, location manner of conducting business, and number of cannabis growers, cannabis establishments, or cannabis testing facilities. SALES TAX H.B. 940 (Raymond) – Sales Tax Exemption: would exempt the sale of malt beverages on July 4 from sales taxes if the seller holds a wine and malt beverage retailer’s off-premise permit. H.B 950 (Raymond) – Sales Tax Elections: would: (1) authorize cities that have adopted sales taxes to support venue projects and that have outstanding bonded indebtedness relating to those projects to hold elections to convert all or a portion of their sales taxes dedicated to the venue project to a Type A or Type B economic development corporation; and (2) provide that a conversion under (1), above, takes effect on the first day after the date all bonds in support of the venue project, including refunding bonds, have been paid in full or the full amount of money, exclusive of guaranteed interest, necessary to pay the bonds in full has been set aside in a trust account dedicated to the payment of the bonds. COMMUNITY AND ECONOMIC DEVELOPMENT H.B. 861 (Thierry) – Homelessness: would require the Texas Interagency Council for the Homeless to conduct a study to evaluate the feasibility, methods, and costs of establishing and implementing a program that provides financial assistance to property owners who offer housing to veterans at risk of homelessness. H.B. 875 (Lopez) – Housing Discrimination: would: (1) prohibit housing discrimination under the Texas Fair Housing Act on the basis of age or housing needs; and (2) prohibit the Texas Workforce Commission from deferring proceedings and referring a complaint about discrimination described in (1) to a city if the city does not have laws prohibiting the alleged discrimination. 16 H.B. 891 (Bernal) – Homelessness: would provide that upon request of a homeless individual, the state registrar, a local registrar, or a county clerk must issue, without fee, a certified copy of the individual’s birth record. S.B. 265 (West) – Housing Discrimination: would: (1) prohibit housing discrimination under the Texas Fair Housing Act on the basis of source of income; and (2) prohibit the Texas Workforce Commission from deferring proceedings and referring a complaint about discrimination described in (1) to a city if the city does not have laws prohibiting the alleged discrimination. ELECTIONS H.B. 856 (Bucy) – Voter Registration: would, among other things: (1) require the voter registrar to appoint at least one election officer serving each polling place as a regular deputy registrar; and (2) provide that a person may register to vote at a polling place at which the person would be allowed to vote if the person submits a voter registration application, presents adequate proof of identification, and submits an affidavit stating the person is eligible to vote and voting only once in the election on the day the person offers to vote. H.B. 857 (Bucy) – Changing Residence: would, among other things: (1) provide that an election officer serving a polling place shall be a deputy voter registrar and shall have the same authority as a regular deputy registrar; (2) provide that, after changing residence to another county, a person must be accepted for provisional voting if: (a) the person would have been eligible to vote in the county the person formerly resided in on election day if the person was still residing in that county; (b) the person is registered to vote in the county the person formerly resided in at the time the person offers to vote in the county the person currently resides in or submitted a voter registration application in the county the person currently resides in; (c) the person’s voter registration for the county the person currently resides in is not effective on or before election day; and (d) in the county the person currently resides in, the person offers to vote: (i) at any polling place during the early voting period; (ii) at any polling place on election day if the county participates in the countywide polling place program; or (iii) at the polling place of the precinct in which the person resides on election day if the county does not participate in the countywide polling place program; and (3) require the form for a provisional voting affidavit to include a space for entering the precinct number of the precinct in which the voter voted and the name of the county in which the voter is registered to vote. H.B. 895 (Swanson) – Voter Identification: would: (1) authorize an election officer to copy identifying documentation presented by a voter or record information from the identifying documentation; (2) authorize an election officer to photograph the entire face of a voter who is accepted for voting if: (a) the identifying documentation presented by a voter is not documentation issued by the Department of Public Safety containing the person’s photograph; or (b) the election official questions the authenticity of the identifying documentation presented by a voter, regardless of whether the documentation is issued by the Department of Public Safety and contains the person’s photograph; (3) provide that a voter may be photographed under (2), above, only while being accepted for voting and may not be photographed while the voter is occupying a voting station; (4) make information copied or recorded under (1) or (2), above, 17 confidential except for use in a criminal investigation or prosecution or a civil court proceeding; and (5) require all information collected under (1) and (2), above, to be provided to the secretary of state for election-related purposes. S.B. 246 (Alvarado) – Voter Registration: would require the secretary of state to implement a program to allow a person who has an unexpired Texas driver’s license or personal identification card to complete an electronic voter registration application over the Internet. S.B. 268 (West) – Voter Identification: would provide that an identification card issued by a public institution of higher education in the state that contains the person’s photograph, full legal name, and a date of expiration that has not expired or that expired no earlier than four years before the date of presentation, is an acceptable form of identification for voting. (Companion bill is H.B. 160 by Zwiener.) EMERGENCY MANAGEMENT H.B. 888 (Patterson) – Communicable Disease Contact Tracing: would: (1) allow the Department of State Health Services (Department) or a health authority to employ or contract for contact tracers if it is necessary to perform a public health duty required by law; (2) require the executive director of the Department to adopt rules regarding the qualification and training requirements for contact tracers; (3) prohibit a contact tracer from disclosing to a contact the identity of an infected individual; (4) prohibit the Department, a health authority, or a contact tracer from producing contact tracing data under a subpoena, unless the subpoena is issued by a court and accompanied by a protective order preventing further disclosure of the data; (5) require the Department, a health authority, or a contact tracer to: (a) use contact data only for contact tracing purposes; and (b) ensure contact data remains confidential; (6) prohibit the Department, a health authority, or a contact tracer from releasing or disclosing contact data unless it is necessary to conduct contact tracing and meets certain other requirements, and require the data be safely and securely destroyed when no longer necessary for contact tracing; (7) prohibit the Department, a health authority, or a contract tracer from either requiring or prohibiting an individual from participating in contact tracing; (8) prohibit the Department, a health authority, or a contract tracer from using location data obtained from a cell phone, or other device through which personal wireless services are transmitted, to identify or track the movement of individuals for contact tracing purposes, unless the individual elects to authorize the location data for that purpose; (9) allow a contact tracer to obtain contact data collected and maintained by a third- party only with the consent of the infected individual or contact whose information is disclosed, or if the data is provided pursuant to a valid warrant; (10) require the Department or a health authority to implement procedures to protect from unlawful use or disclosure any contact data collected, and require that contact data be destroyed if the information is not required to be retained; (11) provide that, for purposes of the Tort Claims Act, a contact tracer employed by, contracted by, or otherwise providing services to the Department or a health authority is considered an employee; and (12) provide for criminal and civil enforcement of the requirements in (1)-(10). H.B. 899 (Middleton) – Violation of Emergency Order: would provide that a state department, commission, board, officer or other state agency that issues a license may not revoke, suspend or 18 refuse to renew a license, reprimand a license holder, impose an administrative penalty on a license holder, or take any other disciplinary action against a license holder based on the license holder’s failure to comply with a state, local or interjurisdictional emergency management plan or with a rule, order or ordinance adopted under the plan. H.B. 905 (Krause) – Limitation on Compensation: would provide, among other things, that if the presiding officer of the governing body of a city or county or the chief administrative officer of a joint board declares a local state of disaster, other than an order to evacuate all or part of a population from a stricken or threatened area, and under that order or proclamation restricts or prohibits the regular business operations of any private business, the city, county or joint board, as applicable, shall: (1) withhold the officer’s regular compensation during the period that the restrictions or prohibitions are in effect; and (2) reduce the officer’s compensation for the appropriate fiscal year by the total amount withheld under (1), above. H.B. 906 (Krause) – Prohibited Orders: would prohibit the governor or the presiding officer of the governing body of a political subdivision, including a city, from issuing an order during a declared state of disaster or local state of disaster that restricts: (1) the operation of a business or industry; or (2) the activities of an individual by distinguishing between essential and nonessential services provided or obtained by the business, industry or individual. H.J.R. 47 (Krause) – Special Legislative Session: would amend the Texas Constitution to provide that: (1) the governor shall convene a special legislative session when the governor proposes to renew an order or proclamation declaring a state of disaster or emergency; (2) in a special session convened under (1), above, the legislature may: (a) renew or extend the state of disaster or emergency; (b) respond to the state of disaster or emergency, including by: (i) passing laws and resolutions the legislature determines are related to the state of disaster or emergency; and (ii) exercising the powers reserved to the legislature by the Texas Constitution; and (c) consider any other subjects stated in the governor’s proclamation convening the special session; and (3) a state of disaster or emergency declared by the governor may not continue for more than 30 days unless it is renewed or extended by the legislature in such convened special legislative session. S.B. 251 (Paxton) – Religious Freedom: would provide that: (1) for purposes of a disaster, the Texas Religious Freedom Restoration Act is not considered a regulatory statute and may not be suspended; and (2) a government agency or public official may not issue an order that closes or has the effect of closing places of worship in the state or in a geographic area of the state. MUNICIPAL COURTS H.B. 859 (Collier) – Deferred Adjudication: would provide that a person who has been placed under a custodial or noncustodial arrest for an offense is entitled to the expunction of all records and files related to the arrest in certain circumstances, including if the person is placed on deferred adjudication community supervision. H.B. 970 (Dutton) – Prosecutorial Transparency: would, among other things: (1) require a prosecutor’s office to: (a) collect and disclose certain information for each case prosecuted by the 19 office; (b) maintain the information in (1)(a) until at least the 10th anniversary of the date of the alleged offense that is subject of the case; (c) collect and publish all office policies, including specified policies, and affirmatively disclose if the prosecutor’s office does not have some of the specified policies; (d) collect and publish certain information for each attorney employed in the office, redacting the names and other personally identifying information or otherwise ensuring the anonymity of each attorney; (e) collect and publish the number of employees by titles and number of cases handled by an attorney each year, among other things; (f) make the information mentioned above publicly available by posting the information on the office’s Internet website and making the information available on request; and (g) report the information in (1)(a) to the Office of Court Administration of the Texas Judicial System (OCA); (2) require the OCA to implement a schedule and plan for all prosecutor’s offices in the state to report the information in (1)(a); (3) establish an advisory board to advise the OCA concerning prosecutorial transparency; (4) make a prosecutor’s office ineligible to receive funding from the state’s general revenue fund or other fund or any state grant program administered by the attorney general or other entity controlling grants to prosecutors if OCA determines the prosecutor’s office is in noncompliance with the bill; (5) require OCA to report noncompliant prosecutor’s offices to comptroller and the Legislative Budget Board; and (6) allow prosecutor’s offices to refer requestors under the Public Information Act (PIA) to the website containing the information in response to a PIA request. S.B. 281 (Hinojosa) – Hypnotically Induced Testimony: would provide that the testimony of a person obtained by hypnotizing the person is not admissible against a defendant in a criminal trial, whether offered in the guilt or innocence phase or the punishment phase of the trial. OPEN GOVERNMENT No Open Government bills were filed this week. OTHER FINANCE AND ADMINISTRATION H.B. 873 (Collier) – Unlawful Restraint of Dog: would: (1) prohibit and create a criminal offense for the unlawful restraint of a dog; and (2) provide that the prohibition in (1) does not preempt a local regulation relating to the restraint of a dog or affect the authority of a political subdivision to adopt or enforce an ordinance or requirement relating to the restraint of a dog if the regulation, ordinance, or requirement: (a) is compatible with and equal to, or more stringent than, the prohibition; or (b) relates to an issue not specifically addressed by the prohibition. (Companion bill is H.B. 386 by Pacheco.) H.B. 874 (Lopez) – Birth Records of Homeless Person: would require a state registrar, a local registrar, or a counter clerk to issue a homeless individual’s birth record to the homeless individual without a fee. H.B. 886 (Rosenthal) – Rental Housing: would repeal the provisions in current law that generally prohibit a city or county from adopting or enforcing an ordinance or regulation that prohibits an owner, lessee, sublessee, assignee, managing agent, or other person having the right to lease, sublease, or rent a housing accommodation from refusing to lease or rent the housing accommodation to a person because the person’s lawful source of income to pay rent includes funding from a federal housing assistance program. 20 H.B. 901 (Burns) – Eminent Domain: would: (1) provide that a private entity is subject to numerous additional processes and remedies throughout the eminent domain process; (2) for any eminent domain proceeding, require the judge of a court in which a condemnation petition is filed or to which an eminent domain case is assigned to, not later than the 30th day after the date the property owner received notice that the petition was filed, appoint three special commissioners and two alternate special commissioners; (3) require the judge appointing the special commissioners under (2), above, to give preference to any persons agreed on by the parties before the court appoints the special commissioners; and (4) provide that each party shall have 15 days after the date the property owner received notice of the appointment of the special commissioners to strike one of the three special commissioners, in which case an alternate special commissioner shall serve as a replacement for the special commissioner based on the order that the alternate special commissioners are listed in the initial order of appointment. H.B. 902 (Burns) – Eminent Domain: would make several changes to the eminent domain process. Of primary importance to cities, the bill would: 1. Require the attorney general to establish an ombudsman office for the purpose of providing information to landowners whose real property may be acquired by a governmental or private entity through the use of the entity’s eminent domain authority; 2. Require the attorney general to make available on the attorney general’s website a landowner’s bill of rights that is written in plain language designated to be easily understood by the average property owner, and include the required language in statute; 3. Provide that a person may not receive state certification to buy, sell, lease, or transfer an easement or right-of-way for another for compensation in connection with telecommunication, utility, railroad, or pipeline service unless the person successfully completes at least 16 classroom hours of coursework every two years approved by the Texas Real Estate Commission in: a. the law of eminent domain, including the rights of property owners; b. appropriate standards of professionalism in contacting and conducting negotiations with property owners; and c. ethical considerations in the performance of right-of-way acquisition services; 4. Provide that an entity with eminent domain authority must provide a copy of the landowner’s bill of rights statement to a landowner at or before the first in-person contact unless the entity expressly states, at that time, it will not seek to file a condemnation petition; 5.Provide that an entity with eminent domain authority makes a bona fide offer when the entity’s initial offer is made in writing and includes: 21 a. a copy of the landowner’s bill of rights, unless the entity has previously provided a copy of the statement to the property owner; b. an offer of compensation in an amount equal to or greater than one of the following: i. the market value of the property rights sought to be acquired, based on an appraisal of the property prepared by a certified general appraiser; ii. the estimated price or market value of the property rights sought to be acquired based on data for at least three comparable arm’s-length sales of a property; iii. the estimated price or market value of the property rights sought to be acquired based on a comparative market analysis prepared by a licensed real estate broker or certified general appraiser; iv. the estimated price of the property rights sought to be acquired based on a broker price opinion prepared by a licensed real estate broker; v. the estimated market value of the property rights sought to be acquired based on a market study prepared by a licensed real estate broker or a certified general appraiser; or vi. 150 percent of the per acre value for each acre or part of an acre sought to be acquired, based on the total land value for the whole property out of which the property rights are sought to be acquired, as reflected in the most recent tax rolls. c. as applicable, the complete written report, or a brief written summary, that forms the basis of the amount of the offer of compensation in 5b above; d. an instrument of conveyance, as applicable; and e. the name and telephone number of a representative of the entity; 6. Specify the exact terms that must be included in an instrument of conveyance of an easement associated with the exercise of eminent domain authority; 7. Require the judge of a court in which a condemnation petition is filed or to which an eminent domain case is assigned to, not later than the 15th calendar day after the date the petition is filed, appoint three special commissioners and two alternate special commissioners; 8. Provide that each party shall have seven calendar days after the date of the order appointing the special commissioners to strike one of the three special commissioners, in which case an alternate special commissioner shall serve as a replacement for the special commissioner 22 based on the order that the alternate special commissioners are listed in the initial order of appointment; 9. Require the special commissioners in an eminent domain proceeding to schedule a hearing to occur not earlier than the 20th day or later than the 40th day after the date the special commissioners were appointed, unless otherwise agreed to by the parties; and 10.Authorize a special commissioners hearing to be held by videoconference at the request of either party. H.B. 904 (Bucy) – Election Day Holiday: would designate the first Tuesday after the first Monday in November of an even-numbered year as a state holiday. (Companion bill is H.B. 596 by Sherman.) H.B. 914 (Hernandez) – Vehicle Parking: would: (1) in order to aid in the enforcement of an ordinance regulating the operation of vehicles for hire, allow a home rule city to authorize an employee to initiate the removal and storage of a vehicle operated in violation of its ordinance without authorization by a peace officer; and (2) in order to aid in the enforcement of an ordinance regulating parking, allow a city to authorize an employee to initiate the removal and storage of a vehicle in an area where on-street parking is regulated and that: (a) is parked illegally; or (b) is parked legally, but has been unattended for more than 48 hours and is reasonably believed to be abandoned. H.B. 928 (Sherman) – Sale and Marketing of Catfish: would: (1) define “catfish” as any species of the scientific family Ictaluridae and not any species of the scientific genus Pangasius, family Claridae or family Siluridae, including Swai fish; (2) require a food service establishment that offers a food product for sale to: (a) represent and identify a product as catfish only if the product contains catfish; and (b) conspicuously identify the type of fish contained in the product description on the menu if the item does not contain catfish but a fish similar to catfish; (3) provide that a public health district, the Department of State Health Services, or a county that requires a food service establishment to hold a permit may impose an administrative and/or civil penalty against a food service establishment that violates the bill; and (4) provide that the attorney general, district or county attorney for the county, or the municipal attorney of the municipality in which the violation is alleged to have occurred may bring an action to recover a civil penalty under the bill. S.B. 252 (Bettencourt) – Abuse of Official Capacity: would: (1) provide that a public servant commits an offense if, with intent to obtain or bestow a benefit or with intent to harm or defraud another, the public servant intentionally or knowingly misuses non-government personal property or any other thing of value, including art work, that has come into the public servant's custody or possession by virtue of the public servant's office or employment by storing or refurbishing the personal property at government expense, without public benefit; and (2) give the attorney general concurrent jurisdiction with a local prosecutor to prosecute any abuse of office offense (i.e., any offense under Chapter 39, Texas Penal Code). 23 S.B. 276 (Hinojosa) – Animal Shelters: would require an animal shelter to: (1) quarantine an animal with an infectious disease until the animal is no longer infectious; and (2) provide notice to a person who leaves an animal with the shelter to receive veterinary care of: (a) any animal at the shelter with an infectious disease at the time the person’s animal is brought to or picked up from the shelter; and (b) an animal at the shelter diagnosed with an infectious disease during the time the person’s animal is under the care of the shelter. S.B. 275 (Hinojosa) – Falsely Implying Governmental Affiliation: would provide that: (1) a governmental unit is entitled to injunctive relief if another person’s use of an entity name might falsely imply governmental affiliation with the governmental unit; and (2) if a court finds that the person against whom injunctive relief is sought willfully intended to imply governmental affiliation with the governmental unit, the court has discretion to enter judgment in an amount not to exceed three times the amount of the entity’s profits and the governmental unit’s damages and award reasonable attorney’s fees to the governmental unit. S.B. 278 (Hinojosa) – Navigation Districts: would, among other things, authorize a navigation district to act to prevent, detect, and fight a fire or explosion or hazardous material incident that occurs on, or adjacent to, a waterway, channel, or turning basin that is located in the district’s territory, regardless of whether the waterway, channel, or turning basin is located in the corporate limits of a city. PERSONNEL S.B. 255 (Menéndez) – Unemployment Compensation: would: (1) provide that a person who has received unemployment compensation benefits to which the person was not entitled solely due to Texas Workforce Commission error is not liable for the amount of those benefits; and (2) prohibit the Texas Workforce Commission from seeking to recover the benefits described in (1). PURCHASING H.B. 863 (Romero) – Public Works Contracts: would: (1) prohibit a contractor who is awarded a public works contract by a public body (including a city) or such contractor’s subcontractor from improperly classifying a worker employed by said contractor or subcontractor as an independent contract for the purpose of avoiding to pay the worker the prevailing wage rate; (2) impose a penalty of $90 to each contractor or subcontractor for each worker misclassified as an independent contractor for each calendar day or part of the day that the worker is misclassified; (3) require that the public body include the penalty described under (2) in the contract; (4) require an audit, by the public body, of the public work contract for compliance with the provisions of (2) throughout the term of the contract and not later than the 30th day before the date the work is schedule to be completed on the contract; and (5) provide that payment of wages for a public work may only be satisfied by payment to the employee in the form of per diem wages. H.B. 923 (Reynolds) – Professional Services: would add attorneys to the list of professionals that must be procured according to the Professional Services Procurement Act. 24 TRANSPORTATION H.B. 934 (Raymond) – Motor-Assisted Scooters: would: (1) provide that a person may operate a motor-assisted scooter (scooter) on a street or highway only: (a) in a bicycle lane; or (b) on a street or highway without a bicycle lane if the posted speed limit is 30 miles per hour or less and the operator complies with certain other requirements; (2) authorize a city to: (a) further restrict the speed at which and locations a person may operate a scooter; (b) impose a minimum age requirement for the operator of a scooter; (c) impose higher penalties for a violation of a traffic law by an operator of a scooter; (d) restrict the locations a person may park a scooter; and (e) require the operator of a scooter to wear a safety helmet; (3) prohibit a person from using a scooter to carry more than one person; (4) limit the speed of a scooter to 15 miles per hour if the person is standing, or 20 miles per hour if the person is seated; and (5) require a person operating a scooter to yield the right-of-way to a pedestrian. UTILITIES AND ENVIRONMENT H.B. 872 (Bernal) – Confidentiality of Government-Operated Utility Customer Information: would: (1) provide that information is excepted from disclosure under the Public Information Act if it is information maintained by a government-operated utility that: (a) discloses whether services have been discontinued or are eligible for disconnection by the government-operated utility; or (b) is collected as part of an advanced metering system for usage, services, and billing, including amounts billed or collected for utility usage, except that all such information is to be made available to that customer or their designated representative; (2) amend the existing confidentiality provision for personal and utility usage information for government- operated utility customers by making that information confidential unless the customer requests that the government-operated utility disclose such information on an appropriately marked form or other written request for disclosure (Note: current law makes personal information and utility usage information confidential only if the customer elects to keep the information confidential on a form provided by the government-operated utility); and (3) provide that a government-operated utility may post notice of the customer’s right to request disclosure of personal and utility usage information, along with the form to elect for disclosure, on the government-operated utility’s website in lieu of sending the notice and form with each customer’s utility bill. H.B. 884 (Harris) – Local Government Regulations based on Utility Service Type: would: (1) prohibit a political subdivision from issuing a building permit based on the type of utility service provided to the project; (2) require a political subdivision issuing a building permit to ensure that all applicable permits and fees contain requirements and amounts that do not: (a) exceed the requirements and amounts for the use of other types of utility services; or (b) have the effect of restricting a permit applicant’s ability to use a specific type of utility service from a provider that is authorized to provide service; (3) provide that an ordinance, order, or other regulation adopted by a political subdivision may not restrict a person’s ability to use a specific type of utility service from a provider that is authorized to provide service; and (4) prohibit a political subdivision from imposing a fine, penalty, or other requirement based on type of utility service that has the effect of restricting a utility provider’s authority to operate or serve customers. 25 H.B. 889 (Dutton) – Concrete Plant Permitting: would provide that a representative of a school, place of worship, licensed day-care center, hospital, medical facility, or a person residing within 440 yards of a proposed wet batching, dry batching, or central mixing concrete plant may request a public hearing prior to the construction or permitting of the concrete plant. H.B. 960 (Allen) – Texas Commission on Environmental Quality Public Meetings: would require a public meeting for certain permits issued by the Texas Commission on Environmental Quality that are held on the request of a member of the legislature to be held in the house district in which the facility or proposed facility is located or proposed to be located. H.B. 963 (Lozano) – Natural Gas Vehicle Grant Program: would expand the natural gas vehicle grant program to fund a used natural gas vehicle of model year 2017 or later that is proposed to replace an on-road heavy-duty or medium-duty motor vehicle, provided that the model year may not be more than six years older than the current model year at the time of the submission of the grant application.   26 1   NEWS RELEASE   PRESS OFFICE   Release Date: January 8, 2021 Release Number: 21-02 Contact: press_office@sba.gov; www.sba.gov/news Follow us on Twitter, Facebook, Blogs & Instagram   SBA and Treasury Announce PPP Re-Opening; Issue New Guidance WASHINGTON – The U.S. Small Business Administration (SBA), in consultation with the Treasury Department, announced today that the Paycheck Protection Program (PPP) will re-open the week of January 11 for new borrowers and certain existing PPP borrowers. To promote access to capital, initially only community financial institutions will be able to make First Draw PPP Loans on Monday, January 11, and Second Draw PPP Loans on Wednesday, January 13. The PPP will open to all participating lenders shortly thereafter. Updated PPP guidance outlining Program changes to enhance its effectiveness and accessibility was released on January 6 in accordance with the Economic Aid to Hard-Hit Small Businesses, Non-Profits, and Venues Act. This round of the PPP continues to prioritize millions of Americans employed by small businesses by authorizing up to $284 billion toward job retention and certain other expenses through March 31, 2021, and by allowing certain existing PPP borrowers to apply for a Second Draw PPP Loan. “The historically successful Paycheck Protection Program served as an economic lifeline to millions of small businesses and their employees when they needed it most,” said Administrator Jovita Carranza. “Today’s guidance builds on the success of the program and adapts to the changing needs of small business owners by providing targeted relief and a simpler forgiveness process to ensure their path to recovery.” 27 2 “The Paycheck Protection Program has successfully provided 5.2 million loans worth $525 billion to America’s small businesses, supporting more than 51 million jobs,” said Treasury Secretary Steven T. Mnuchin. “This updated guidance enhances the PPP’s targeted relief to small businesses most impacted by COVID-19. We are committed to implementing this round of PPP quickly to continue supporting American small businesses and their workers.” Key PPP updates include:  PPP borrowers can set their PPP loan’s covered period to be any length between 8 and 24 weeks to best meet their business needs;  PPP loans will cover additional expenses, including operations expenditures, property damage costs, supplier costs, and worker protection expenditures;  The Program’s eligibility is expanded to include 501(c)(6)s, housing cooperatives, direct marketing organizations, among other types of organizations;  The PPP provides greater flexibility for seasonal employees;  Certain existing PPP borrowers can request to modify their First Draw PPP Loan amount; and  Certain existing PPP borrowers are now eligible to apply for a Second Draw PPP Loan. A borrower is generally eligible for a Second Draw PPP Loan if the borrower:  Previously received a First Draw PPP Loan and will or has used the full amount only for authorized uses;  Has no more than 300 employees; and  Can demonstrate at least a 25% reduction in gross receipts between comparable quarters in 2019 and 2020. The new guidance released includes:  PPP Guidance from SBA Administrator Carranza on Accessing Capital for Minority, Underserved, Veteran, and Women-owned Business Concerns;  Interim Final Rule on Paycheck Protection Program as Amended by Economic Aid Act; and  Interim Final Rule on Second Draw PPP Loans. For more information on SBA’s assistance to small businesses, visit sba.gov/ppp or treasury.gov/cares. ### About the U.S. Small Business Administration The U.S. Small Business Administration helps power the American dream of business ownership. As the only go-to resource and voice for small businesses backed by the strength of the federal government, the SBA empowers entrepreneurs and small business owners with 28 3 the resources and support they need to start, grow or expand their businesses, or recover from a declared disaster. It delivers services through an extensive network of SBA field offices and partnerships with public and private organizations. To learn more, visit www.sba.gov.     Unsubscribe | Update your subscriptions or modify your password/email address at any time on your Subscriber Preferences Page. All SBA programs and services are provided on a nondiscriminatory basis. Reasonable accommodations will be made if requested at least two weeks in advance This email was sent to jessica.rogers@cityofdenton.com by Small Business Administration (SBA) ꞏ 409 3rd St, SW ꞏ Washington DC 20416 ꞏ 1-800-827-5722   29 Date: January 8, 2020 Report No.       INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Provide staff responses to City Council questions regarding the potential sale of Gibbons Creek Steam Electric Station and related assets BACKGROUND: During the January 5, 2021 City Council meeting, staff presented a work session report regarding the potential sale of Texas Municipal Power Agency’s Gibbons Creek Steam Electric Station and related assets in Grimes County, Texas including a review of the economics of the sale, the key provisions of the proposed Asset Purchase Agreement (APA) and the associated risks. Prior to and following that presentation, members of the City Council requested information related to the work session report. This Informal Staff Report combines all of those questions and staff responses into a single location. Responses to any outstanding questions will be provided in a subsequent report prior to January 26th when the City Council is scheduled to consider approval of the APA. Council question: What are the current TMPA plans/prospects for sale of the remaining 10k acres of Gibbons Creek land? What is TMPA's current perspective on proposals to create a regional park? Staff response: The TMPA board authorized staff to issue an RFQ for brokers for the project last year. Qualifications were submitted but the final broker(s) have not been selected. TMPA has retained a ranch and large land real estate expert to provide consultation on when the best time is to enter the market, who the property should be marketed to and the strategy to bring the land to the market. The TMPA board has not authorized the sale of the mine properties but have provided guidance to staff to make all preparations necessary for a sale. The TMPA board has not provided direction and there have been no discussions by the board of the potential to dedicate any of the mine lands to parks or other recreational uses over the last 18 months. Council question: Can staff look over this article and summarize why we would or would not be vulnerable to the same problems? https://www.texastribune.org/2019/10/30/how-texas-lets-coal- companies-leave-behind-contaminated-land/?fbclid=IwAR2od7Quq-dG0xN4buz- ET_VIwB07FZDRQk4pTUKQvoSAQViC3X_koq-X7I Staff response: Mining and reclamation in Texas are regulated by the Texas Railroad Commission. The lignite mine adjacent to Gibbons Creek Steam Electric Generation Station ceased operation in 1996. TMPA has competed 95% of the reclamation activities and has placed performance bonds against the properties as required by Texas RR Commission. TXRR Commission is releasing the remaining performance bonds associated with the competed reclamation this month. The sale of the plant site (6200 acres) does not include any mine property. Ash from the combustion of lignite and coal was never disposed of in the mine. TMPA 30 Date: January 8, 2020 Report No.       placed the ash in engineered landfills during the operation of the Gibbons Creek plant. Landfill site A and F are where the disposal occurred and are part of the sale transaction. The disposition of the mine property is not part of the posting that will be discussed with the City Council on January 5, 2021. Council question: What future earnings does a company, like Charah, see in cleaning up and redeveloping this site? Are they earnings that the City or any of the four cities could be missing out on? Staff response: Charah is being paid by TMPA to clean up the site and any sale of property and redevelopment revenues they may gain will be based upon how well they clean it up. TMPA is paying them $36 million. The remediation of coal combustion waste sites is a core competency of Charah who has a stable of project managers and contractors who have expertise in this area. Were TMPA to self-perform the decommissioning and remediation, our engineers have estimated the cost to be as high as $108 million over the next 30 years. TMPA does not know the economics that Charah believes they can achieve for the redevelopment and sale of the property. However, the TMPA board, in consultation with the member municipals, outside environmental counsel, real estate experts and legal counsel believe that the risk/reward trade off of the proposed sale is in the best interest of the member cities. As shown in the ISR, AIS and the presentation, the value of the plant site is projected to be $24 million after the site is remediated. If we assume this price for the sale of the remediated site then Charah’s economics would see revenues of $36 million plus $24 million = $60 million. TMPA’s self-performance cost (option 3) has net costs of $86.3 including the sale of the property for $24 million. These economic differences are compelling. Council question: Is there a correlation between this sale and any potential major coal ash deregulation? Staff response: These coal ash regulation (CCR) have been in development for over 10 years at the federal level. The request by TCEQ to take primacy for the federal regulations is the normal course of action for federal regulations. By law, when Texas takes primacy for the federal CCR regulations, the TCEQ will enforce these federal regulations and, if TCEQ determines that additional requirements are needed that are more stringent than the federal CCR rules, they can promulgate such new regulations for public comment and subsequent adoption. Rules adopted and enforced by TCEQ cannot be less stringent than the federal regulations. Thus the public is protected to the same level as if the USEPA had primacy if not more so. Council question: What are the implications of the City keeping this land, which includes land along the Navasota River, to create recreational and environmental opportunities? Additional information about the Park development can be found here: https://urldefense.proofpoint.com/v2/url?u=https- 3A__drive.google.com_file_d_1SfLbhj4Fsyb5g8l6ElQnogGSC2YwvJ12_view-3Fusp- 3Ddrivesdk&d=DwIFaQ&c=PGEdd_LbwtbJ8FAF3ggtJmXVn0VbaqibWUEPk1jFH8E&r=Tf2- aWcRRWU5hq8tLvKU338qZx1unG1Gth0vpYVcEBs&m=Y9-YMW- 31 Date: January 8, 2020 Report No.       IPs3bZ63BMjeAsCSoeCAZwtSOYMjOO4dI-B4&s=b98jlR89ReP0jfxMzLAdCRmybV8lV3Uj- oD9gnryt_M&e= Staff response: Were TMPA to keep this property in the public domain and set it up as a park or natural area, there would be significant ongoing operating and maintenance costs. 24% of those costs would be the responsibility of Denton and it is not likely that Dentonites would see the benefit of this parkland due to it distance from Denton. The linked paper does not make any reference to the statement. Both Staff and TMPA are unaware of any agreements for this to be converted into a regional public park. In 2007/2008 The Conservation Fund and the cities of College Station and Bryan, along with several other entities approached the TMPA board with a proposal to purchase the mine properties. The TMPA board choose not to pursue such a transaction at the time. Council question: Does the sale include land that is considered part of the Navasota Ladies’ Tresses orchid? Staff response: TMPA staff is aware of the presence of the Navasota Ladies’ Tresses. The population of these orchids are on properties that are not part of the plant sale. They exist only on the mine property. Council question: Are there any conservation easements, specifically figure 6 in the report? Staff response: There are no conservation easements on the plant property that is part of the sale. Figure 6 in the report depicted areas where the protected orchids are known to exist on the mine property. There are five (5) conservation easements on the mine property that TMPA monitors the orchids on. Three of these conservation easements are on leased land that will revert to the landowner. Two conservation easements are on mine land owned by TMPA. Those parcels will likely be deeded with restrictions to keep the conservation easements in place. Council question: The contract and associated documents mention that the EPA has finalized Coal Combustion Residuals (CCR) rules and therefore clean-up expectations. What happens if a new Federal Level administration increases the regulatory and clean-up requirements of CCR waste? Are there any provisions in the contract that address this issue? Staff response: Charah is required to obtain “closure” as defined by the applicable regulations and to meet any performance bonding requirements imposed by EPA or TCEQ. This contractual covenant protects TMPA and the member cities from changing regulations and definitions and requires the Buyer to achieve whatever level of closure required when the remediation is completed. Council question: Is there anything in the contract that specifically assures that fossil fuel extraction processes or processes that entail fossil fuel combustion as a primary aspect of their operation or for power production will not be done at the site? 32 Date: January 8, 2020 Report No.       Staff response: No. However, under current EPA and TCEQ regulations, the permitting of a coal fired power plant anywhere in the United States is virtually impossible. Under the terms of the Asset Purchase Agreement, no limitations are placed upon the use of the property with the exception of the remediated CCR units for which there are restrictions. Council question: Are there provisions that prevent activity at the site that poses potential public health risks and negatively impacts quality of life for those in the surrounding area, such as toxic waste, air pollution, and greenhouse gas emissions? Staff response: Any future land use, including the development of manufacturing industries will be subject to the applicable TCEQ and Grimes county regulations. TECQ and USEPA regulations are developed to be protective of human health and the environment. Council question: The current contract seems to give freedom to the buyer for 7 of the 10 plots of land in terms of what they could plan for future development. Are there any provisions in the contract to assure that the recreational opportunities for camping, fishing and hiking are maintained or even expanded? Staff response: No. The APA does not place any contractual covenants to continue the recreational use of the property. Council questions: Under the current agreement, the surrounding 10,000 acres owned by TMPA, which contain previously mined areas and sensitive ecosystems, are not a part of the acquisition. Would TMPA and the four cities explore retaining the remaining acreage under a conservation easement? Staff response: The ultimate fate of the mine properties will be determined by the TMPA board of directors. The proposed Asset Purchase Agreement in no way reduces the options available to TMPA relative to the mine properties. STAFF CONTACT: Terry Naulty Assistant General Manager of DME Terry Naulty@cityofdenton.com (940) 349-7565 REQUESTOR: Council Member Davis PARTICIPATING DEPARTMENTS: DME, City Manager’s Office STAFF TIME TO COMPLETE REPORT: One hour 33 Date: January 8, 2021 Report No. 2021-002       INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: City of Denton Recycling Drop-off Sites update BACKGROUND: At the January 5, 2021 meeting of the City Denton Council, a presentation from a member of the public mentioned the need to resurrect an additional recycling drop-off site, outside of the two (2) existing locations at the City of Denton Landfill and at North Lakes Park, to manage excess programmatic recyclable material from Denton residents and those of surrounding areas. At the request of Denton ISD, the City of Denton, Solid Waste and Recycling Department, removed a previously located facility, the Cupboard, from its inventory due to the district’s need to develop the property. The Cupboard site was located on private property and operated at the benevolence of its former owner. In response to the presenter, the mayor provided information that the City was considering resurrecting a temporary facility at the, new and soon to be open, Development Services Building (DSB) (F.K.A. the Daybreak Building.) This option, however is not feasible. As designed, the DSB parking lot will support staff located onsite as well as the development community who must access and use the facility to permit and discuss construction in the City of Denton. No ancillary services or access was anticipated as part of the parking lot site design. Additionally, the parking lot is not situated appropriately to support the location and service of dumpsters or roll-off containers or access by service vehicles at the site. While capacity and services at the two remaining facilities have been increased, the replacement of the Cupboard facility, or other potentially identified third site, and the retooling of remaining sites had been paused in anticipation of support and direction flowing from the recently launched Comprehensive Solid Waste Management Strategy (CSWMS.) The CSWMS will provide the city the data and direction needed to help reinforce, redefine, enhance or eliminate this program based on the community feedback, council discussion, and the City’s ability to finance and fund any new program DISCUSSION: The City of Denton Recycling Drop-off Sites, located at the City of Denton Landfill and at North Lakes park, are operated to 1) provide City residents without access to curbside or commercial/multifamily recycling service an opportunity to divert programmatic recyclable material and 2) provide residents with curbside collection who have excess programmatic recyclable material access to additional recycling capacity. . Both sites are open and provide service to a significant number of non-City residents who may or may not have access to recycling services as part of their solid waste services. The existing sites are regularly serviced at least three (3) times weekly to manage the collected recyclables and on an as needed basis, should a container become filled between scheduled empties. The Solid Waste and Recycling Landfill staff and Valet Crew inspect and clean the landfill and North Lakes sites (respectively) multiple times daily 34 Date: January 8, 2021 Report No. 2021-002       (Monday -Saturday) for litter and illegally dumped materials placed at the site. The North Lakes Park facility is currently unsecured and is accessible by resident and non-resident customers 24 hours a day, seven (7) days per week. In the FY18-19 Solid Waste and Recycling budget, funds were made available to relocate the existing North Lakes Park Recycling Drop-off Site due to planned park improvements (the construction of an expanded North Lakes Park Tennis Center.) While plans were made to design, permit, and construct a new recycling drop-off site at an alternate location within North Lakes park. Given COVID delays and the timing of the completion of the CSWMS, this relocation was place on hold pending a determination of what a future program may entail On August 4, 2020, Council received a work session presentation regarding the status of the relocation as well as a report on the performance of both recycling drop-off sites. While Council was supportive of this proposal, questions were asked as to whether alternate location(s), at either surplus city property or greenfield sites, could be identified to support recycling at multi- family/apartment dwellers. The City has spent several months evaluating opportunities related to relocating the existing facility focusing on creating the best value for our ratepayers while equitably addressing the needs of and the potential impacts on the community. The sites that have been identified, to date, are all, currently, privately owned deficient in access, site screening, and layout to support a safe and efficient operation for the community and SWR. We continue to evaluate the City’s surplus property in anticipation of program enhancements coupled with the release of CSWMS findings and recommendations. On October 13, 2020, the Denton City Council awarded a contract to develop the City of Denton’s Solid Waste Management Strategy (CSWMS). The CSWMS will be built upon the needs and desires of the community coupled with the consideration of regulatory, fiscal, and local impacts by local boards, committees, and the City Council. Part of the strategy will include consideration as to how the best manage this sector of the solid waste stream; including the necessity of recycling drop-off centers, potential enhancements, optimized locations to service existing and future development. Results of the project should be completed in mid-2021 at which time the City will work on developing and implementing a plan to affect its findings. In anticipation of the completion of the CSWMS, Solid Waste and Recycling leadership has committed to maximizing the operation of the existing Landfill and North Lakes Drop-off locations to ensure sufficient capacity exists onsite to optimize diversion, minimize onsite illegal dumping, and promote programmatic education. While actions continue to evolve, steps taken to meet these goals include:  The anticipated installation (late-January 2021) of an automatic gate at the Windsor Street access allowing users into the site during park hours (6 a.m. to 10 p.m.). In addition to limiting access to the recycle drop-off site, this would also help limit access to the City’s remote control (RC) airplane facility and the south side of North Lakes Park Dog Park.  The purchase and placement (mid-January 2021) of a robust, high definition video monitoring system to better monitor the site and collect information/evidence to help curb and enforce illegal dumping violations. 35 Date: January 8, 2021 Report No. 2021-002        Additional dumpsters are added to each site during holiday weekends to manage anticipated increased volumes material presented to manage.  Continuing outreach to Denton multi-family units on opportunities to properly recycle. STAFF CONTACT: Brian Boerner Director of Solid Waste 940-349-8001 brian.boerner@cityofdenton.com REQUESTOR: Staff generated PARTICIPATING DEPARTMENTS: Solid Waste and Recycling STAFF TIME TO COMPLETE REPORT: One hour 36 Date: January 8, 2021 Report No. 2021-003       INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Update on DME’s LED Street Light Upgrade CIP project. EXECUTIVE SUMMARY: On September 17, 2019, the Denton City Council approved an ordinance that funded the upgrade of all the existing streetlights from High Pressure Sodium (HPS) to the more efficient and effective Light Emitting Diode (LED) type light. Moving forward, LED lights will be the standard for all public space lighting installations. The city currently has approximately 10,000 streetlights. The anticipated duration of the project was to be 3 years. Upgrade of the lights began in earnest in February 2020. To date approximately 3,200 lights have been converted to LED. BACKGROUND: LED lights have become the industry standard for public space lighting. The lights have a lifespan that is almost double of the old style HPS and mercury vapor type lights. This reduces maintenance costs for the City. The new technology LEDs, which are being installed by DME, can be monitored and controlled remotely. The control system can dim (lower the light intensity) as well as report lights that are not functioning. The HPS lights relied primarily on citizen reports to identify lights that had burned out. This led to a significant number of lights being out at any one time. The above- mentioned factors were key to the Council providing direction to upgrade the light system. LED light is whiter than the yellow glow of HPS lights. The difference that citizens notice is the temperature (color). The comments we have received are along the lines of the light is “very white and very bright”. HPS lights have a temperature of about 2200 Kelvin. The lights are being installed in residential areas have a temperature of 3000 Kelvin. For minor and major thoroughfares, the temperature of the lights is 4000 Kelvin. The higher the number the “whiter” the light. The light color of the LED lights was determined by a test area that DME set up prior to the selection of the LEDs that are being used. LED lights do not technically have the ability to emit light that mimics HPS light. The LED light, while different, does a much better job illuminating the area beneath and around the fixtures. The increased lighting levels provides additional safety for residents, pedestrians, and motorists. To that end, DME has accelerated the timetable of the upgrade project. The project, barring any supply chain issues, should be finished in early 2022 (one year earlier than originally projected). The benefits of the increased lighting have caused some residents to reach out to the City to request help with reducing or redirecting the light. DME has upgrade approximately 3,200 lights across the city. As a result, residents contacting the City resulted in only 25 streetlights being proactively dimmed 40%. Since September 2020, DME has, as a standard procedure, dimmed the new LED 37 Date: January 8, 2021 Report No. 2021-003       streetlights (residential areas only) 40% which appears to be acceptable to the residents. Nine (9) residents requested additional measures be taken. DME successfully installed shields on the light to deflect light away from the residences. DME has no known open issues with any residents regarding an upgraded light. STAFF CONTACT: Chris Lutrick DME Executive Manager of Operations (940) 349-7152 Chris.Lutrick@cityofdenton.com REQUESTOR: Staff generated PARTICIPATING DEPARTMENTS: DME STAFF TIME TO COMPLETE: 1 Hours 38 39 Council Requests for InformationCouncil Member Requestor DateSummary of RequestStaff AssignedDepartmentComments1Council Member Armintor11/16/20I would like a work session on recording all of our closed meetings, but would first I would like to seethe confidential minutes from the last two closed meetings where minutes were taken.City Manager's OfficeRequest will be presented during the January 12 PendingCouncil Requests Work Session2Mayor Pro Tem Davis12/11/20What would a neighborhood retroactively give up if they became a gated community?Charles RosendahlDevelopment ServicesInformation will be provided in a future Friday Report3Council Member Armintor12/20/20I'd like to request that before the city sells or leaves the old firing range the area site is sampled forlead and other heavy metal, and then cleaned accordingly. If nothing more, the soil testing willserve as a baseline if there are environmental concerns on the property at a later date.Scott GrayFacilitiesInformation will be provided inthe January 8 Friday Report4Council Member Meltzer01/03/21Can staff look into resident's request for speed bumps to slow traffic on Cobblestone Row and EversPark?Becky DivineyPublic WorksInformation will be provided inthe January 8 Friday Report5Council Member Meltzer01/03/21Can staff look into a concern with a business parking a vehicle advertising on the Square?Stephanie BerryLegalInformation will be provided in a future Friday Report6Mayor Pro Tem Davis01/04/21This may be more of an LSR request than an ISR, but staff can decide. What are the current TMPAplans/prospects for sale of the remaining 10k acres of Gibbons Creek land? What is TMPA's currentperspective on proposals to create a regional park?Antonio PuenteDMEInformation will be provided inthe January 8 Friday Report7Mayor Pro Tem Davis01/05/21Could the answers to the Gibbons Creeks questions be incorporated into an updated ISR? Notbefore the meeting, obviously. But to answer future questions as they arise?Antonio PuenteDMEInformation will be provided inthe January 8 Friday Report8Council Member Baker01/06/21Can staff provide another resident information about the US 380/I-35 interchange?Rachel Balthrop Mendoza City Manager's OfficeInformation will be provided in a future Friday Report9Council Member Baker01/06/21Can staff provide informaiton about the old Kings Row substation?Antonio PuenteDMEInformation will be provided in a future Friday Report10Council Member Baker01/06/21Can staff provide a resident information the COVID-19 Vaccine distribution?Rachel Balthrop Mendoza City Manager's OfficeInformation will be provided in a future Friday Report11Mayor Pro Tem Davis01/07/21Do we know when Georgetown Dr. will be repaired after the recent utility work there?Becky DivineyPublic WorksInformation will be provided in a future Friday Report12Council Member Armintor01/08/21What would it take for the City to become an Bird City Texas?Katherine BarnettEnvironmental ServicesInformation will be provided in a future Friday Report40 January 2021 Sun Mon Tue Wed Thu Fri Sat 1 New Year’s Day Holiday 2 3 4 9:00 am COE Cancelled 12:00 pm Council Luncheon 5 3:00 pm CC Work Session 6:30 pm CC Regular Session 6 No ‐ 2:30pm Agenda Committee 5:00pm P&Z Work Session 6:30pm P&Z Regular Session 7 8 9 10 11 9:00 am PUB Cancelled – Traffic Safety 12pm HLC 3pm 12 Special Called Council 3:00 pm 13 TIRZ2 11am Cancelled - 11:30 a.m. EDPB Cancelled ‐ 2:30pm Agenda Committee Cancelled - 5:30 pm - AAB 14 11:00 pm - AAB 15 16 17 18 MLK Day Holiday 19 No Council Meeting 20 9:00 am Mobility Committee Meeting - Canceled 21 3:00 pm CoPwD 22 23 24 25 9:00 am PUB 26 10:00 am - CAC 2:00 pm 4th Tuesday Session 27 12:00 p.m. TIRZ No.1 28 3:00 pm Board of Ethics Mtg 29 30 31   41   February 2021 Mon Tue Wed Thu Fri Sat 1 9:00 am COE 11:30 am Council Luncheon 2 10:00 am Community Engagement Meeting 2:00 pm CC Work Session 6:30 pm CC Regular Session 3 11:30 am Traffic Safety Commission 4 8:30 a.m. DEDC 12:00 pm Bond Committee 5 6 7 8 9:00 am PUB 9 2:00 pm 2nd Tuesday Session 10 11:00 a.m. EDPB 2:30 pm Audit/Finance 5:30 pm - AAB 11 3:30 p.m. Library Board 12 13 14 15 16 2:00 pm CC Work Session 6:30 pm CC Regular Session 17 9:00 am Mobility Committee Meeting Animal Shelter Advisory 2pm 18 19 20 21 22 9:00 am PUB 23 10:00 am - CAC 2:00 pm 4th Tuesday Session 24 25 3:00 pm Board of Ethics 26 27 28  42 March 2021 Sun Mon Tue Wed Thu Fri Sat 1 9:00 am COE 11:30 am Council Luncheon 2 2:00 pm CC Work Session 6:30 pm CC Regular Session 10:00 am Community Engagement 3 11:30 am Traffic Safety Commission 4 8:30 a.m. DEDC 5 6 7 8 9:00 am PUB 9 No Council Meeting 10 11:00 a.m. EDPB 5:30 pm - AAB 11 3:30 p.m. Library Board 12 13 14 15 16 2:00 pm CC Work Session 6:30 pm CC Regular Session 17 9:00 am Mobility Committee Meeting 18 3:00 pm CoPwD 9:00 Community Partnership Committee 19 20 21 22 9:00 am PUB 23 10:00 am - CAC 2:00 pm 4th Tuesday Session 24 12:00 p.m. TIRZ No. No Council Meeting 31 43 Meeting Date1-Dec COVID-19 Update Overview of Construction 17 - Dec 2021 4 - Jan 2021 City Council 2020 Committees 12 - Jan 2021 Internal Audit - Utility Meter Reading 20-1978 Council Requests 20-2094 19 - Jan 2021 No Meeting 26 - Jan 2021 COVID-19 Update 20-2117 ETJ Update 20-1668 2021 May General & June Runoff elections - locations, dates, and times 20-2399 Parkland Dedication & Development Overview TBD Council Retreat TBD Council Requests 20-2095 1 - Feb 2021 Luncheon Police Department Overview 20-2354 Council Requests 20-2271 Feb 1 2 - Feb 2021 Affordable Housing Assessment Report 20-1844 Naming for Parks 20-2320 Tax Housing Credit TBD Council Requests 20-2272 Feb 2 9 - Feb 2021 Stormwater Master 20-1661 TIRZ Study 20-2182 Council Requests 20-2273 Feb 9 16 - Feb 2021 Loop 288 Building Agreement TBD Delegated Authority TBD 20-21 Utilities Budget and Rates 20-2261 Fund Balance Policy (General Fund, Internal Service Fund, Utilities 20-2394 Council Requests 20-2274 Feb 16 23 - Feb 2021 Capital Project CIP Update 20-2531 Internal Audit - Utility Payment Assistance Program 20-2554 Legislative Update TBD Parkland Dedication & Development Ordinance - Fee structure recommendations TBD Council Requests 20-2275 Feb 23 1-March 2021 Luncheon Joint DISD Meeting TBD Council Requests 20-2385 Mar 1 2-March 2021 COVID-19 Update Mar. 2 20-1886 Council Requests 20-2386 Mar 2 9-March 2021 No Meeting 16-March 2021 Council Requests 20-2387 Mar 16 23- March 2021 Council Requests 20-2388 Mar 23 30 -March 2021 No Meeting Accessory Dwelling Units, and Screening DCA19-0011 Construction Code Review (TBD) Economic Development Incentive 20-2529 July 27 Public Art Right-of-Way Ordinance Follow-up DME Solar Programs Redistricting Update June/July 2021 Hartlee Field PID 20-1789 Group Home Code Amendment Work Sessions Planned - Date TBDFUTURE WORK SESSION ITEMS MATRIX As of January 6, 2021 Currently Slated Work Session Items Canvass Runoff Election Results & 44 Street/Intersection From To Closure Start Date Closure End Date Description Department Upcoming Info/Notes Public Meeting Other Communication Department Contact Bell Ave at Mckinney St 07/08/21 09/04/21 Water Distribution will be installing a new water main line and services. Water Email Notification, Direct business contact, N/A (940) 349-7278 Bell Ave at Mingo Rd 06/22/21 07/07/21 Water Distribution will be installing a new water main line and services. Water Email Notification, Direct business contact, N/A (940) 349-7278 Bell Ave Withers St Mingo Rd 05/10/21 06/21/21 Water Distribution will be installing a new water main line and services. Water Email Notification, Direct business contact, N/A (940) 349-7278 Bell Ave Texas St Withers St 04/15/21 05/07/21 Water Distribution will be installing a new water main line and services. Water Email Notification, Direct business contact, N/A (940) 349-7278 Bell Ave Administratio n Dr Texas St 03/18/21 04/14/21 Water Distribution will be installing a new water main line and services. Water Email Notification, Direct business contact, N/A (940) 349-7278 Brinker Colarado Blvd. I-35 Service Rd 01/19/21 01/29/21 Concrete Street Panel Repair. The process starts with Barricading the failed sections of concrete pavement, remove the pavement, and install new concrete. Streets N/A (940) 349-7146 Highland Park Bonnie Brae Jasmine 01/25/21 02/03/21 Laying new waterline to the along Highland Park towards Bonnie Brae Engineering NextDoor (940) 268-8946 Precision Dr Airport Rd 1500' north 01/20/21 02/15/21 Wastewater Collections will be installing a new wastewater main and services. Wastewater W Windsor Dr I-35 Frontage Rd Winddosr Farms Dr 01/18/21 01/20/21 Stripping all lanes with new signs. Public Works Inspections NextDoor, Email Notification (940) 231-9965 Total 8 Street Closure Report Upcoming Closures Week of January 11, 2021 - January 17, 2021 Upcoming Closures45 Street/Intersection From To Closure Start Date Closure End Date Description Department Upcoming Info/Notes Public Meeting Other Communication Department Contact Amherst Dr Georgetown Dr Hinkle Dr 09/28/20 01/19/21 Wastewater Collections will be installing a new wastewater main line and services. Wastewater N/A (940) 349-8909 Bell Ave Chapel Dr Administratio n Dr 01/14/21 03/17/21 Water Distribution will be installing a new water main line and services. Water Email Notification, Direct business contact, N/A (940) 349-7278 Bell St University Dr Chapel Dr 12/14/20 01/13/21 Water Distribution will be installing a new water main line and services. Water Email Notification, Direct business contact, N/A (940) 349-7278 Bonnie Brae IH 35E Scripture 06/15/20 03/01/21 North South Water Main Phase 3 Engineering, Water Temporary Flagging in all lanes for pipe delivery. Direct business contact (940) 349-8938 Clydesdale Weeler Ridge Spainsh Lane 12/07/20 01/29/21 Concrete Street Panel and Sidewalk Repair. The process starts with Barricading the failed sections of concrete pavement, remove the pavement, and install new concrete. Streets N/A (940) 349-7146 Creekdale Dr Raintree Way Riverchase Trl 12/09/20 02/20/21 Wastewater Collections will be installing a new wastewater main and services. Waste Water N/A (940) 349-8909 Elm Hickory Prairie 05/11/20 02/26/21 PEC 4 Utility Project Engineering Direct business contact (940) 349-8938 Fannin St Welch St Bernard St 12/21/20 01/28/21 Water Distribution will be installing a new water main line and services. Water N/A (940) 349-7278 Ft. Worth Dr. (US 377)IH 35E FM1830 10/17/19 02/01/21 Infrastructure Safety Upgrades & New Sewer Main Install (temporary closures) TxDOT (940) 349-8938 Hickory CreeK Road Teasely FM 2499 10/06/20 02/16/21 Widening of Hickory Creek road from Teasley to FM 2499 with an acceleration lane being constructed on FM 2499. Project also included drainage upgrades. Engineering NextDoor, Email Notification (940) 349-7426 Johnson Street Daugherty Street Smith Street 10/26/20 01/08/21 Install new curb and gutter. Mill off old pavement and install new asphalt to match the grade of the new inlets. Streets Scheduling conflict with concrete contractor so we move the start date to 10-26-20. Door hangers (940) 349-7146 Street Closure Report Week of January 11, 2021 - January 17, 2021 Current Closures Current Closures46 Street/Intersection From To Closure Start Date Closure End Date Description Department Upcoming Info/Notes Public Meeting Other Communication Department Contact March Rail Cat Tail Heron Pond 01/11/21 02/12/21 Concrete Street Panel and Sidewalk Repair. The process starts with Barricading the failed sections of concrete pavement, remove the pavement, and install new concrete. Streets N/A (940) 349-7146 Mistywood Lane Woodhaven Jamestown 10/01/20 02/12/21 Street Reconstruction Remove and replace curb and gutter as needed. Remove old asphalt and stabilize subgrade. Install asphalt pavement Streets N/A (940) 349-7146 Prairie Elm Pierce 06/01/20 03/26/21 PEC 4 Utilities Engineering NextDoor, Direct business contact (940) 349-8938 Prairie St.Locust St.Elm St.03/23/20 03/26/21 Storm drain improvements, as part of Pec-4 Ph 1&2 Project. Street closed to thru traffic. Engineering Direct business contact (940) 349-8938 Purdue Drexel Syracuse 01/11/21 02/12/21 Concrete Street Panel and Sidewalk Repair. The process starts with Barricading the failed sections of concrete pavement, remove the pavement, and install new concrete. Streets N/A (940) 349-7146 Riverchase Trl Stoneway Dr Waterside Pl 12/09/20 02/20/21 Wastewater Collections will be installing a new wastewater main and services. Waste Water N/A (940) 349-8909 Ryan Rd Roxbury St FM 2181 01/04/21 02/05/21 Contractor will be demoing the existing drainage and roadway and then installing drainage improvements across Ryan RD at the Hunter's Creek area. They will also be installing a new water line to the property and then repaving this section of road. Message boards to be put out on December 14th 2020. Public Works Inspections, Private Development NextDoor, Email Notification (940) 268-9842 Spencer Road Bridges St.Mayhill Road 12/07/20 02/08/21 Greystar will be placing their sanitary line along Spencer Rd for the Elan Denton project. Waste Water, Public Works Inspections, Private Development Pushed back 2 weeks due to a delay with the Sanitary Sewer install. Email Notification (940) 391-6299 Current Closures47 Street/Intersection From To Closure Start Date Closure End Date Description Department Upcoming Info/Notes Public Meeting Other Communication Department Contact West Hickory Street Welch Carroll 08/31/20 05/29/21 Construction is set to begin on West Hickory Street between N. Welch Street and Carroll Blvd in September of 2020 and continue through May of 2021. Detailed lane closure information is forthcoming pending approval of the contractor's phasing and traffic control plans. Atmos, Streets, Drainage, Water, Waste Water 8-20-20: Atmos Energy is currently relocating gas line on the South side of W. Hickory between Welch and Bernard. Once Atmos finishes, the contractor will mobilize into that same area to begin construction. Email Notification, Direct business contact (940) 349-8425 Western Blvd Airport Rd Jim Chrystal 12/21/20 03/31/21 Westpark Warehouse Phase 2 Public Works Inspections, Private Development Direct business contact (940) 205-9230 Windsor Hanover Branch Crossing 08/24/20 08/16/21 Install utilities and road reconstruction Engineering NextDoor, Email Notification (940) 349-7426 Windsor Stuart Longfellow 08/24/20 08/23/21 Installation of utilities and street reconstruction Engineering NextDoor, Email Notification (940) 349-7426 Total 23 Current Closures48 Street/Intersection From To Closure Start Date Closure End Date Description Department Upcoming Info/Notes Public Meeting Other Communication Department Contact Avenue C Chestnut Street Highland Street 12/14/20 12/18/20 Unite Private Networks, and sub-contractor Verticom, temporarily closing street to install fiber optic service. Public Works Inspections, Unite Private Networks Direct business contact (940) 205-3779 Barrel Strap Road North of Hickory Creek Road Ocean Drive 09/07/20 01/04/21 This project is to add drainage upgrades and widen Hickory Creek Road. It is also adding an acceleration lane to Barrel Strap Road. Engineering NextDoor, Email Notification (940) 349-7426 Bell Ave Texas St Withers St 11/19/20 12/08/20 Wastewater Collections will be installing a new wastewater main and services. Wastewater Email Notification (940) 349-8909 Club House at Sombrero 11/30/20 12/23/20 Concrete Sidewalk and ADA Ramps Repair. The process starts with Barricading the failed sections of concrete Sidewalk, remove, and install new concrete Streets N/A (940) 349-7146 Collins Dallas Dr.Johnson St 07/20/20 11/30/20 Haven at Daugherty: Pavement Public Works Inspections, Private Development N/A (940) 205-9230 Como Lake Windriver Loon Lake 10/05/20 11/13/20 Concrete Street Panel . The process starts with Barricading the failed sections of concrete pavement, remove the pavement, and install new concrete. Streets N/A (940) 349-7146 Crow St Panhandle St Gober St 12/21/20 01/08/21 New Sewer Line & Water Services will be installed. Public Works Inspections NextDoor, Email Notification, Direct business contact (940) 231-9965 Diamond Poinsettia Cyrus Way 11/16/20 12/04/20 Concrete Street Panel and Sidewalk Repair. The process starts with Barricading the failed sections of concrete pavement, remove the pavement, and install new concrete. Streets N/A (940) 349-7146 Street Closure Report Week of January 11, 2021 - January 17, 2021 Completed Closures Completed Closures49 Street/Intersection From To Closure Start Date Closure End Date Description Department Upcoming Info/Notes Public Meeting Other Communication Department Contact Doris McKamy Tripp Tr 10/26/20 11/20/20 Concrete Panel and Sidewalk repair Streets FM 2181 City of Denton/Cori nth City limits Lillian Miller 11/18/19 11/30/20 Street Widening TxDOT (940) 349-8425 Foxcroft Cir Emerson Ln Emerson Ln 03/09/20 12/11/20 Water Distribution will be replacing the water main and water services. Water Intermittent closures N/A (940) 349-7278 Hercules N. Locust Stuart 08/01/20 11/01/20 The road will be closed as a part of the 2019 Street construction bundle Project. Hercules is set to have reconstruction of the curbs, gutters and the street. Engineering NextDoor, Email Notification, Mail outs (940) 349-7426 Hidden Meadows Trail Intersection with Vintage Blvd back of Vintage blvd right of way 03/16/20 01/01/21 Intermittent closures of this intersection for construction activities Engineering NextDoor, Email Notification (940) 349-8938 Highland Park Jasmine st Bonnie Brae 12/03/20 12/17/20 boring a new water and sewer line under the KCS Railroad. Public Works Inspections NextDoor, Email Notification (940) 268-8946 Kings Row Marrianne 288 10/22/20 11/20/20 Perform full depth base repairs on Kings Rows.Streets Completed about 90% of the work. Equipment issues so I'm extending the project to the end of the week. N/A (940) 349-7146 Locust St.Prairie Highland 03/09/20 01/01/21 Storm drain improvements as part of Pec-4 Ph 1&2 Project. East Side ln Closure Engineering Direct business contact (940) 349-8938 Merlot Riesing Pinot 10/26/20 11/06/20 Concrete Sidewalk Repair. The process starts with Barricading the failed sections of concrete Sidewalk, remove, and install new concrete Streets N/A (940) 349-7146 Mills Road N. Mayhill Road S. Trinity 11/30/20 12/11/20 Perform Asphalt Base Repairs at various locations.Streets Equipment issues so and weather delays .Message Boards (940) 349-7146 Mockernut Rd. Intersection with Vintage Blvd. back of Vintage Blvd. right of way 03/16/20 01/01/21 Intermittent closures of this intersection for construction activities. Engineering NextDoor, Email Notification (940) 349-8938 Northcrest Rd Foxcroft Cir Emerson Ln 03/06/20 12/11/20 Water Distribution will be replacing the water main and water services. Water N/A (940) 349-7278 Completed Closures50 Street/Intersection From To Closure Start Date Closure End Date Description Department Upcoming Info/Notes Public Meeting Other Communication Department Contact Paddock Lipizzan English Saddle 12/14/20 01/07/21 Concrete Street Panel and Sidewalk Repair. The process starts with Barricading the failed sections of concrete pavement, remove the pavement, and install new concrete. Streets N/A (940) 349-7146 Precision Airport Rd 1500ft north 10/12/20 12/18/20 Water Distribution will be installing a new water main and services Water N/A (940) 349-7278 Roberts N. Bell Brown 10/19/20 11/20/20 Curb and Gutter Repair . The process starts with Barricading the failed sections of, Curb and Gutter remove and install Curbs. Streets N/A (940) 349-7146 Roselawn Bonnie Brae Bernard 05/12/20 11/20/20 Bonnie Brae Phase 1 Engineering North Side lane closure NextDoor (940) 349-8938 Shagbark Dr intersection with Vintage Blvd back of Vintage Blvd right of way 03/16/20 12/03/20 Intermittent closure of the intersection for construction activities. Engineering NextDoor, Email Notification (940) 349-8938 Spring Creek Creek Bend Beechwood 10/05/20 12/18/20 Concrete Street Panel and Sidewalk Repair. The process starts with Barricading the failed sections of concrete pavement, remove the pavement, and install new concrete. Streets N/A (940) 349-7146 Stuart Road North of Windsor South of windsor 09/07/20 11/16/20 Street repairs Engineering NextDoor, Email Notification (940) 349-7426 Underwood McCormick Ave. B 11/09/20 01/04/21 Road will be closed for paving and sidewalk construction for the new Fire Station #3 Public Works Inspections N/A (210) 563-1599 Vintage Blvd US377 Hidden Meadows Trl 10/23/20 11/20/20 Bonnie Brae Phase 2 Engineering 10/14/20 NextDoor, Public Meeting(s)(940) 349-8938 Windsor Stuart E. Sherman 09/07/20 12/22/20 This closure is to reconstruct Windsor Drive Engineering NextDoor, Email Notification (940) 349-7426 Total 29 Completed Closures51