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032621 Friday Staff Report
„ City Manager's Office 215 E. McKinney St., Denton, TX 76201 • (940) 349-8307 DENTON MEMORANDUM DATE: March 26, 2021 TO: The Honorable Mayor Hudspeth and Council Members FROM: Sara Hensley, Interim City Manager SUBJECT: Staff Report I. Council Schedule A. Meetings 1. Cancelled - Zoning Board of Adjustment on Monday, March 29, 2021 at 3:00 p.m. in the City Council Work Session Room. 2. No - City Council Meeting on Tuesday, March 30, 2021. 3. Cancelled - Development Code Review Committee on Wednesday, March 31,2021 at 12:30 p.m. in the City Council Work Session Room. 4. Cancelled - Agenda Committee Meeting Wednesday, March 31, 2021 at 2:30 p.m. in the City Manager's Conference Room. 5. Cancelled — Downtown Economic Development Committee on Thursday, April 1, 2021 at 8:30 a.m. in the City Council Work Session Room. II. General Information & Status Update A. American Rescue Plan Summary — On March 11, President Biden signed the American Rescue Plan Act into law.The plan details$130.2 billion in direct assistance to local governments, split equally between counties and cities. The attached summary provided by the city's federal legislative consultants, CapitalEdge, breaks down the various programs and uses for the funds. Staff expects further guidance from the Treasury in mid-April and will seek direction from Council in May once those details have been coordinated. Staff contact: Rachel Balthrop Mendoza, City Manager's Office B. State Legislative Action Update — As bills begin to move through committees, City staff and legislative consultants have been actively involved in upholding Council's adopted 2021 legislative program. Letters addressed from the Mayor and staff (attached) were submitted in opposition to: OUR CORE VALUES Integrity • Fiscal Responsibility • Transparency • Outstanding Customer Service • H.B. 1869—a bill that would limit the ability of cities to issue routine, non- bond debt by limiting its repayment to the Maintenance & Operations tax rate, as opposed to the Interest& Sinking tax rate; • H.B. 749—regarding the banning taxpayer-funded legislative consultants; • H.B. 610—a super preemption bill that erodes local regulatory authority; and • Several bills that would penalize the city for reducing budget or staffing for law enforcement(also an erosion of the Council's budget authority. An opposition card was also filed for HB 749. A support card for HB 3678, a bill that provides for greater transparency for taxpayer-funded legislative consultants, at the State Affairs Committee hearing on Thursday, March 25. Staff also contacted Rep. Stucky's office regarding HB 768 which would require all municipalities in excess of 5,000 in population to record all board, commission, committee,and council meetings that are not work sessions or special called meetings. While within the spirit of transparency and open government, the bill would pose significant additional equipment and staffing costs on the City of Denton given the number of boards, commissions, and committees that serve the community. Rep. Stucky's staff are inquiring with the bill's author on amenable language to maintain the necessary open government procedures without placing such and additional financial burden on cities. Staff will continue to take action on bills that impact Denton in alignment with Council's adopted legislative program. Staff contact: Rachel Balthrop Mendoza, City Manager's Office C. Public Safety Answering Point Remodel—As part of the Police Department remodel, the Public Safety Answering Point (PSAP), or 911 Dispatch, is being remodeled as well. The PSAP will be located on the back portion of the Police building behind the current Public Safety Training Center area. Construction has begun and the current area is in the demolition process. This larger PSAP area will allow for expansion in order to better meet the needs of the Denton Police Department, Fire Department, and Animal Services. It will also allow the City of Denton to honor the contractual agreement with the Town of Little Elm to dispatch for their Police and Fire Departments beginning October 4,2021. The Town of Little Elm will pay the City for these services, including equipment and staffing. As with all construction projects, there may be delays caused by weather, supply chain, or other factors. In order to ensure we are prepared to dispatch for the Town of Little Elm on October 4, 2021, contingency plans are in place to construct,if needed,a temporary set up for additional personnel adjacent to the current PSAP. Staff are currently processing applicants in order to hire and train personnel before the Go Live date. Staff contact: Suzanne Kaletta, Public Safety Communications D. Marijuana Enforcement Information—In 2019, Texas lawmakers approved a bill that legalized the production of hemp and hemp-derived products containing less than 0.3%THC.As a result of this law,in order to legally distinguish marijuana from hemp, suspected marijuana in each case must be tested for its THC content prior to prosecution. With consideration for this law and the cost of testing, the Denton Police Department changed its approach regarding misdemeanor marijuana violations to issuing citations rather than effecting arrests. The chart below illustrates the Department's enforcement of marijuana possession. In 2018, Denton PD made 194 arrests for various possession amounts of marijuana. In 2 2019, that number decreased for a total of 136 arrests. In 2020, only 24 arrests were made relating to marijuana; of those arrests, 16 were also associated with a felony offense. In 2021, all six marijuana-related arrests have had associated charges, with five of these arrests including one or more felony charges. Currently, Denton PD's practice is to issue drug paraphernalia citations to individuals found with one ounce or less of marijuana. The Department is committed to focusing on violent crimes and keeping the community safe. Staff Contact: Frank Dixon,Police Charge 2M 2019 2020 2021 Total POSS MARIJ <2 OZ 161 11L: _ - 296 POSS MARIJ <=2 OZ DRUG FREE ZONE 4 i _ 0 5 POSS MARIJ >2 OZ<=4 OZ 9 2 0 14 POSS MARIJ >4 OZ<=5 LBS 19 12 7 4 42 POSS MARIJ >5 LBS<=50 LBS 1 2 0 0 3 Grand Total 1% 136 24 6 360 E. New Ethics Complaint Process Packet—On March 25, the Board of Ethics approved the use of the attached Ethics Complaint Process Packet. This Packet is informational and includes a 1) step-by-step narrative describing how an Ethic Complaint is processed,2)two flowcharts that correspond to the narrative, and 3) a summary of the Ethics Complaint process's timelines. The Board directed Staff to post this Packet on the City's Board of Ethics webpage, provide the Packet to Complainants and Respondents once an Ethics Complaint is submitted, and include the Packet as part of the agenda backup for Ethics Complaint related meetings. Staff believes this Packet will help members of the public and Board Members better understand and use the City's Ethics Complaint Ordinance and the Board of Ethics' Rules of Procedure. As future amendments are made to these documents, the Ethics Complaint Process Packet will be updated to ensure it remains accurate and beneficial. Staff contact: Madison Rorschach, City Auditor's Office F. Shuttered Venue Operators Grant to Open on April 8 — The Shuttered Venues Operators Grant (SVOG) was established by the Economic Aid to Hard Hit Small businesses, Nonprofits, and Venues Act in late 2020 and amended in the American Rescue Plan Act in 2021. The program includes more than $16 billion in grants for shuttered venues, to be administered by the SBA's Office of Disaster Assistance. Eligible applicants may qualify for grants equal to 45% of their gross earned revenue, with the maximum amount available for a single grant award of$10 million. $2 billion is reserved for eligible applications with up to 50 full-time employees. The SVOG application portal will open for applications on April 8,2021.Prior to that, applicants can sign up to be notified of the application opening here. In addition, the SBA is encouraging potential applicants to begin preparing information and material that will be required as part of the application. The SBA has published information related to the program here, including FAQs and a preliminary application checklist. Video tutorials are also available on the SBAs SVOG webpage. The SBA has also announced that it will hold a national informational webinar at 1:30 p.m., Tuesday, March 30, to highlight the application process. The webinar is 3 free, but attendees must register here. Staff contact: Jessica Rogers, Economic Development G. Priority Bill Status Report — While the City of Denton is tracking hundreds of bills filed during the 87th Session of the Texas Legislature that could potentially impact the City of Denton, staff are more closely monitoring the status and progress of a subset of these bills in a priority tracking list. These priority bills have a high impact to the City of Denton and/or are progressing rapidly through the legislature toward full passage. A list of our priority bills that are being monitored is attached. Staff contact: Rachel Balthrop Mendoza, City Manager's Office H. Patrol Requests — On Friday, March 26, a new Public Safety category was added to the Engage Denton app to make it easier for residents to report non-emergency neighborhood concerns. Engage Denton users often submit requests regarding speeding vehicles, social media reports of crimes in their neighborhood, and other concerns. The new"Request Increased Police Patrols" category will allow these non- emergency reports to be immediately routed to the Police Department for follow-up. Once submitted, staff will review the concern and communicate officer contact information and possible solutions or timelines with the user. An automated response reminds users that they should call 911 for emergencies and in-progress incidents as the app is not monitored 24/7. Staff contacts: Allison Beckwith and Amy Cunningham, Police I. Denton Municipal Electric Recognized as a Reliable Public Power Provider—Denton Municipal Electric has earned a Reliable Public Power Provider (RP3)8 designation from the American Public Power Association(APPA) for providing reliable and safe electric service. APPA is the voice of not-for-profit, community-owned utilities that power 49 million people in 2,000 towns and cities nationwide. APPA advocates and advises on electricity policy, technology, trends, training, and operations and recognizes its members for exceptional performance, including the RP3 designation. On March 23,2021, Denton Municipal Electric was publicly recognized with the RP3 Platinum designation during the American Public Power Association Engineering and Operations Conference Awards Ceremony. The RP3 designation,which lasts for three years, has been offered for 15 years. It recognizes public power utilities that demonstrate proficiency in four key disciplines: reliability, safety, workforce development, and system improvement. Criteria include sound business practices and a utility-wide commitment to safe and reliable delivery of electricity. For the third consecutive time, Denton Municipal Electric joins more than 275 public power utilities nationwide that hold the RP3 designation. "I think over the last year, or so,we've seen the vital importance of running a reliable and safe utility," says Aaron Haderle, Chair of APPA's RP3 Review Panel and Manager of Transmission and Distribution Operations at Kissimmee Utility Authority, Florida. "The utilities receiving the RP3 designation have proven that they are committed to running a top-notch public power utility by implementing industry best practices." 4 "We couldn't be prouder to be honored with this designation," said Tony Puente, Executive Manager of Utilities. "This is the culmination of a lot of work from a lot of people who really care about powering our community. But, this designation is not a final destination. We are committed to continuing to look for ways to improve our operations and service to our customers." For more information on the designation, please visit the American Public Power Association website here or contact DME via email at dme(a),cityofdenton.com. Staff Contact: Bill Shepherd, DME MAILIA1111 PURUC F • E w 6AR 0'� American Pv"ic Power Assoclatlon PLATINUM LEVEL Denton Municipal Electric, Texas MAY 2021 - MAY 2024 J. Mayoral Facebook Page— Staff is working with Mayor Gerard Hudspeth to launch a new Denton Mayor Facebook Page on April 1, 2021 that will be managed in partnership between the Mayor and the Public Affairs department. The office of the Mayor has high visibility in the public, and residents are likely to search for the Mayor on social media. A number of cities have mayoral social media accounts for the purpose as a unique avenue for citizen engagement. This staff-maintained page will allow Denton residents to send their concerns and questions directly to the Mayor and allow for archival of this public forum through the Public Affairs' Archive Social account. Additionally, this page will serve as a tool to disseminate city information, but also important community-based news and information to Denton residents that would not typically be promoted on City channels. This page is intended to transition to new mayors as they are elected and by having this page,Denton residents will more easily be able to access important information and provide public comments and feedback to the Mayor and staff. Staff Contact: Victoria Nakamura, Public Affairs K. Comprehensive Plan Update—Community Workshop#1 (1A)for the Comprehensive Plan Update was held Thursday night. At the beginning of the workshop it was noted that the zoom meeting limited the number of participants to just 100. Given that there were more people that registered and most of them were left out of the workshop, we are scheduling another Community Workshop #1 (113) for Monday, April 5, 2021, from 6:30 p.m.to 8 p.m. The upcoming workshop will have the capability of hosting up to 500 participants. Everyone that registered, especially those that were unable to participate, will receive an email directly of when the additional workshop is scheduled.With 100 participants waiting,the workshop proceeded with introductions, followed by an explanation of what is a Comprehensive Plan,project information and polling questions throughout. There were a total of 11 polling questions. All of the polling questions will be available online at www.ciiyofdenton.com\denton204O as long as possible to make sure that we get input from everyone. In addition,a recording of Community Workshop #1 will also be available online so that those that were not able to attend the workshop can watch the presentation,see the responses to the polling 5 questions and hear the questions that were asked by participants. Staff Contact: Scott McDonald, Development Services L. Family Cqmp Out—Parks and Recreation will host a Family Camp Out event to kick off the summer season at South Lakes Park, June 5-6. The event begins at 3 p.m. and ends after breakfast the next morning at 8 a.m. Local sponsors will provide dinner and breakfast. Activities will include a tent decorating contest, night hike, fishing, sunrise yoga, s'mores,ghost stories, and more. There are 20 family camping spaces available, and tents are not provided. Each camping space is $60. Registration begins May 1 online at www.dentonparks.com. Staff contact: Carin Zeman, Parks and Recreation M. Tree Relocation Pilot Project Update — The Tree Relocation Pilot Project has ended due to trees showing signs of spring growth. During January and March, three small group workdays were held to harvest Post Oak trees and Blackjack Oaks trees from the Eagle Creek development located southwest of Denia Park. Dates scheduled in February were canceled due to the extreme winter weather and rescheduled for March. Thirteen volunteers harvested seventeen trees, which have been potted and are under observation for viability.Volunteers and staff will plant eight trees in parks this spring. When locations are identified, shifts for workdays will be published for community involvement. Many of the saplings are in forested areas with a high concentration of rocks, making it challenging to dig by hand. Staff will provide an update on the trees progress at a later date. Staff Contact: Haywood Morgan, Parks and Recreation N. Summer Job Hiring — Parks and Recreation regularly hires around 300 seasonal summer jobs for Water Works Park, Civic Center Park, and summer camps. There are jobs for anyone 16 and older available. Some jobs, like lifeguards, require certifications;however, some require no previous experience and will have on-the-job training. These jobs are vital to summer programming running smoothly for Denton. Anyone interested can apply at www.dentonjobs.com. Staff contact: Nikki Sassenus, Parks and Recreation O. Easter Events— It should come as no surprise that the Parks and Recreation Easter Egg'stravaganza will be a little different and won't have the giant egg hunt. But, PARD is still committed to making sure the community has fun options. Bunny in the Parks Monday, March 29-Friday,April 2 Every day our Easter Bunny will be in a park from 4-5 p.m. His handler will help with pictures and give out free candy and balloons (while supplies last). Kiddos will need to stay at least 6 feet from the bunny. FREE Easter Bunny Zoom Calls http://bit.ly/BunnyZoom Saturday,March 27 & Sunday,March 28 After signing up for a timeslot, staff will email you with a Zoom link. Feel free to give that link to grandparents who might want to be a part of the call as well. Each call will last no more than 5 minutes. The bunny will have a handler who can interpret bunny squeaks to English. 6 Yard Cards & Easter Baskets https://bit.ly/YardCards March 29-April 2 For$20, sign up for a yard card and Easter basket with candies to be delivered to your house or a loved one's. Each yard card comes with one Easter basket. We will email out the delivery date the week before. Please make sure you are okay with any day between Monday, March 29 through Friday, April 2. You will not be able to select a date. Easter Baskets http://bit.ly/EasterBasketDenton $10 each I Pick Up Each basket has 12 eggs filled with candy, watercolor paints, an Easter suncatcher, garden shovel, carrot seeds, coloring book, and crayons. Bags are pick-up only at North Lakes Rec Center, 1201 W. Windsor, Monday, March 29-Friday,April 2, from 6 a.m. to 8 p.m. You must register for a basket in advance. MLK Jr. Rec Center Bunnies & Baskets March 27 from 10 a.m.-noon Drive through MLK Jr. Rec Center, 1300 Wilson St., and receive a FREE bag with candy and small toys handed out by the Easter Bunny himself. There will be a raffle drawing for baskets. The MLK Jr. Advisory Council and Cute Kids Foundation are the sponsors who made this possible. Limited to the first 200 customers. Staff contact: Jennifer Eusse, Parks and Recreation III. Responses to Council Member Requests for Information A. Emergency Alert System (EAS) — During Tuesday's City Council meeting, Council Member Meltzer asked about the City's ability to "cut-in" or interrupt programming on local cable during an emergency. While once true, the City no longer has that authority. Under Senate Bill 5, on January 1, 2011, the City's cable franchising authority, which included EAS messaging and testing, expired and was given to the State. Staff contact: Billy Matthews, Public Affairs B. Good Samaritan Duck Pond — On Friday, March 19 Council Member Meltzer forwarded a resident inquiry regarding plans to address a hole between the Good Samaritan retention pond (often referred to as the "duck pond") and Hinkle Drive. Staff first responded to this issue in the August 23, 2019 Friday Report(attached). In that report, staff explained the drainage channel would be left in its original condition when Hinkle Drive construction was complete and the duck pond would remain. Staff has assessed safety concerns in and around the duck pond, and to help resolve the issue, staff will begin installing a handrail on top of the headway as depicted in the image below on April 15th weather permitting. The area that is referred to as a"hole" is actually a catch basin and by design, a grate cannot be placed on top of the catch basin. Any grate or rail that would be placed on or around the catch basin would be an obstruction and would cause a potential blockage of the structure which could result in backups. Staff will continue to evaluate the safety of this location to further address concerns. Staff contact: Dustin Draper, Capital Projects 7 rk Hand rail 1 _ to be ., 7-- r instaltod T Y' C. Quail Ridge Drive — On Thursday, March 25, Council Member Baker forwarded a resident inquiry regarding the timing to reconstruct Quail Ridge Drive from Cooper Branch to La Paloma. Quail Ridge Drive was funded as part of the 2012 Bond Program and will be constructed through the Denton Street Rehabilitation Project contract with Reliable Paving, which includes 47 total street segments. The construction contract with Reliable Paving was approved by the City Council on January 26. The construction start date is set tentatively for mid May 2021. The schedule to construct Quail Ridge Drive should be determined by mid-April 2021. All 47 segments of the Denton Street Rehabilitation Project are scheduled to be completed by the end of calendar year 2022. Staff will update project information on the Improving Denton website for the project duration and a community meeting to notify residents about the planned construction is tentatively set to occur on April 29 at 6:00 p.m., staff will confirm the date and time of the community meeting in a future Friday Report. Staff contact: Dustin Draper, Capital Projects D. Interstate 35 and US 380 Interchange Safety Enhancements Clarification — On March 21, Council Member Meltzer requested clarification on the "ramp reversal" from the attached Interstate 35 and US 380 Interchange Safety Enhancements Update blurb from the previous week's Friday Report. On March 17, John Polster, a consultant for the City,presented the option agreed upon by the Texas Department of Transportation(TxDOT) and the City of Denton at the March 17 Mobility Committee Meeting. The proposed interim safety solution is to switch the existing entry and exit ramps, depicted below. The current layout has an entrance ramp north of Oak Street which will be reconstructed to serve as the exit ramp and will allow drivers to exit the highway with an ample distance to the intersection with US 380. Additionally, the current exit ramp to US 380 will be reconstructed to be an entrance ramp, meaning drivers will longer be able to exit from this location. Together,these improvements as designed by TxDOT will assist in eliminating the safety concerns and traffic 8 movements with the current exit ramp's close proximity to the intersection with US 380. TxDOT is working on the completion of the final design for the interim solution which will include a detailed set of plans for the projects construction execution. Staff contact: Rebecca Diviney, Capital Projects JV .. Upgraded Ramps Existing Ramps +A y�! r 1L J r r) 4 1 ,,..14 777 lid F t►"i � ,f�r2� row D Iiv 11. t � . �l`1•" Mf_s` do &. r 1 Pi t..dl.st , E. Organic Test Pilot Program Update — On March 21, Council Member Armintor requested information on Organic Test Pilot Programs at Avondale and Denia Parks. The Avondale Park organic test pilot program has been delayed while waiting on the consultant to start the project. After a recent meeting with the consultant, Parks and Recreation staff anticipated that the project would begin in February.To date,no work has occurred. PARD is anticipating exploring other consultants to develop a second pilot project in the event the existing consultant does not move forward with the project. Regarding the reinstitution of the organic treatments at Denia Park, efforts have progressed this year on schedule. Corn gluten meal was applied to the seven acres of athletic fields on February 24 to act as a pre-emergent. Texas 2 Step, an organic fertilizer, was also applied to the fields during this application. On March 9, staff applied lava sand to the athletic fields at the rate of two tons per acre. Lava sand is a one-time application, whereas the corn gluten meal and fertilizer are annual applications.Lava sand helps provide aeration,porosity to the soil,and aiding in water retention. While COVID-related budget constraints hindered the IPM program in 2020, PARD is on track in 2021 to carry out the plan to the full extent. Soil samples were taken in 9 August of 2020 and compared to those taken in 2019. The results show an overall decrease in 2020 of the three basic nutrients (nitrogen, phosphorous, and potassium) required for the ideal crop yield, in this case, turf and plants in the landscaped areas. Also, there was a slight increase in organic matter percentages in turf areas but a decrease in the landscape beds. The 2020 pH levels are slightly more elevated than in 2019. Sample results are attached. Denia Park's visual inspections, specifically the athletic fields, seem to show a brighter green color to the winter rye (most likely because the corn gluten meal is acting more like a mild fertilizer than a weed suppressant). Still, no obvious discernable differences other than that are apparent. Staff will conduct soil samples for 2021 in August. Staff Contact: Marshall McGee, Parks and Recreation F. TxDOT Elm Street ADA Sidewalk Project — During the week of March 15, both Council Member Armintor and Council Member Meltzer forwarded resident and business owner inquiries regarding active sidewalk construction on Elm Street in the downtown corridor. Elm Street is a Texas Department of Transportation (TxDOT) roadway, and the current sidewalk construction is part of TxDOT's Elm Street Americans with Disabilities Act (ADA) Sidewalk Project. The project extends along Elm Street from University Drive to Eagle Drive and includes various sidewalk improvements, driveway approaches, and ADA ramps. The full extent of the project is currently scheduled to be completed in May 2022.Weather permitting,the segments currently under construction in the downtown area should be completed the first week of April 2021,with the exception of a few handrails that will be installed later in April 2021. TxDOT is actively working to keep traffic and pedestrian safety controls in place, and has reported issues with the safety control equipment being moved or removed in the downtown area. The TxDOT project manager for the Elm Street ADA Sidewalk Project is Stacy Clack, Stacy can be contacted directly at Stacy.Clack@txdot. og_v, and City staff can serve as a liaison to help facilitate interagency dialogue upon request. City Public Works and TxDOT leadership meet on a monthly basis to discuss the coordination of construction projects and TxDOT project managers are in regular(sometimes daily) contact with City project managers regarding the status and coordination needs of active construction sites. Staff contact: Rachel Wood, Capital Projects G. Hinkle Roundabout Work Session— On March 10, Mayor Pro Tem Davis requested drawings, final configurations, and tree planting plans for the Hinkle Drive roundabout. After considerable interest from multiple council members, staff has scheduled a work session item during the April 27 City Council Meeting, along with the April 19 Traffic Safety Commission and April 21 Mobility Committee Meeting, to discuss the Hinkle Drive roundabout and seek direction on how best to address roundabout safety concerns at the intersection of Hinkle and Mimosa. Staff is currently gathering information for the upcoming work session presentation. Staff contact: Rachel Wood, Capital Projects IV. Upcoming Communitv Events and Meetings A. Parks, Recreation, and Trails Master Plan Virtual Community Meeting (see attached clickable flyer for information) 10 V. Attachments A. American Rescue Plan Summary.........................................................................12 B. Legislative Action Letters....................................................................................23 C. Ethics Complaint Process Packet.........................................................................31 D. Priority Bill Status Report....................................................................................38 E. Prior Information re Duck Pond...........................................................................42 F. Prior Information re 35 & 380..............................................................................43 G. Southwest Park Virtual Community Meeting......................................................45 VI. Informal Staff Reports A. 2021-018 December 2020 DEC Dashboard.........................................................46 VII. Council Information A. Council Requests for Information .......................................................................48 B. Council Calendar .................................................................................................50 C. Draft Agenda for April 5 —Luncheon .................................................................53 D. Draft Agenda for April 5 —Joint Meeting with the PUB .....................................55 E. Draft Agenda for April 6......................................................................................57 F. Future Work Session Items .................................................................................65 G. Street Construction Report ..................................................................................66 11 CapitalEdge American Rescue Plan Act of 2021 PL 117-2 Local Government Fiscal Assistance (Section 9901(603)) Direct formula allocation to states, CDBG entitlement cities, and counties State formula sub-allocation to non-CDBG entitlement local governments The legislation appropriates$350 billion for fiscal assistance to state, local,and tribal government fiscal assistance administered by the Treasury Department and allocated as follows: • $219.8 billion for states, the District of Columbia, and tribal governments, • $130.2 billion divided equally between cities and counties o $45.57 billion directly to CDBG entitlement cities using CDBG formula, o $19.53 billion to non-entitlement cities passed through the states using the CDBG formula, and o $65.1 billion to counties based on population (with counties that are CDBG entitlement counties receiving the larger of the allocation they would receive via the CDBG formula or via the population formula). The Treasury Department will allocate funds local government allocations in two tranches: half within 60 days of enactment and the remaining half next year. • States have to sub-allocate funds (the $19.53 billion portion) to non-entitlement cities within 30 days of receipt. Funds are available until December 31, 2024 and can be used, per the legislative language: • To respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19), or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries, such as tourism, travel, and hospitality; • To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the local government that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work; • For the provision of government services to the extent of the reduction in revenue of such local government due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year of the local government prior to the emergency; • To make necessary investment in water, sewer, or broadband infrastructure; or 1212 New York Ave., NW Suite 250 Washington, 000 202.842.5430 202.842.5051 fax 12 • To transfer funds to a private nonprofit organization (as that term is defined in paragraph (17) of section 401 of the McKinney-Vento Homeless Assistance Act (42 USC 11360(17)), a public benefit corporation involved in the transportation of passengers or cargo, or a special purpose unit of state or local government. Funds cannot be used as follows: • No local government may use funds made available under this section for deposit into any pension fund. Key definitions for the eligible uses are: • ELIGIBLE WORKERS:The term 'eligible workers' means those workers needed to maintain continuity of operations of essential critical infrastructure sectors as each chief executive officer of a local government may designate as critical to protect the health and well- being of the residents of the local government. • PREMIUM PAY.—The term 'premium pay' means an amount of up to $13 per hour that is paid to an eligible worker, in addition to wages or remuneration the eligible worker otherwise receives, for all work performed by the eligible worker during the COVID-19 public health emergency.Such amount may not exceed $25,000 with respect to any single eligible worker. Coronavirus Capital Projects Fund (Section 9901(604)) Direct formula allocation to states The bill appropriates $10 billion for a Coronavirus Capital Projects Fund allocated by formula to the states within 60 days of enactment. • $100 million minimum state allocation • $100 million to the territories • Remainder allocated to the states via a formula based on population (50%), rural population (25%), and population below 150% of poverty (25%) Funds are available 'until expended'and can be used for "critical capital projects directly enabling work, education, and health monitoring, including remote options, in response to the public health emergency with respect to COVID-19." Emergency Rental Assistance (Section 3201) Direct formula allocation to states and to cities and counties over 200,000 population The bill provides $21.55 billion for another round of Emergency Rental Assistance Program administered by the Treasury Department. Funds will generally be distributed in the same manner as the first round of this program enacted in December, including a population threshold of 200,000 for direct funding to cities and counties. 13 Page 2 of 11 • However, the bill sets aside $2.5 billion of the appropriation for allocation to high-need grantees using a formula based on very low-income renter households paying more than 50 percent on income on rent or living in substandard or overcrowded conditions, rental market costs, and change in employment since February, 2020. The Treasury Department will allocate 40 percent of the funds within 60 days of enactment and will make subsequent payments to each allocatee once they have obligated 75 percent of previous payments. • Beginning March 31, 2022,the bill requires the Treasury Department to begin reallocating unallocated funds. Funds are available until December 31, 2025 and can be used for up to 18 months (aggregate of this round and CRRSA round) of: • Rent, • Rental arrears, • Utilities and home energy costs, • Utilities and home energy costs arrears, • Other expenses related to housing, as defined by the Treasury Department, and • For funds unobligated after October 1, 2022, other affordable rental housing and eviction prevention services for very low-income families. Allocatees may use up to 10 percent of their funds for case management and other services intended to keep households stably housed and up to 15 percent for administrative costs. Households eligible for assistance are renter households that have one or more members qualified for unemployment benefits or: • Has experienced a reduction in household income, incurred significant costs, or experienced other financial hardship due, either directly or indirectly, to the COVID-19 pandemic, • Includes one or more individuals that can demonstrate a risk of experiencing homelessness or housing instability, and • Is a low-income family. Homelessness Assistance and Supportive Services (Section 3205) Direct formula allocation to HOME recipients The bill appropriates $5 billion for homeless assistance that will be allocated using the formula for the HOME Investment Partnership Program. Funds will be available through FY 2025 and can be used for: • Tenant-based rental assistance, • Development and support of affordable rental housing pursuant to the HOME Program, • Transitional housing, 14 Page 3 of 11 • Housing counseling, • Homeless prevention services, and • The acquisition of non-congregate shelters that can be converted to permanent affordable housing, be used as emergency shelter, be converted to permanent housing, or remain as non-congregate shelter. Households eligible for assistance include are those that are: • Homeless, • At risk of homelessness, • Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking, • In other populations where providing supportive services would prevent the family's homelessness or would serve those at risk of housing instability, or • Veterans and families that include a veteran that meet one of the above criteria. Up to 15 percent of a grant can be used for administrative costs and up to 5 percent can be used for the operating costs of community housing development organization and other nonprofits providing services (provided the funds are used to develop organization capacity). Paid Sick & Family Leave (Sections 9641 & 9651) The Families First Coronavirus Response Act (PL 116-127) established a mandate for private sector employers with 500 or fewer employees and for state and local governments to provide up to 50 days of paid sick and paid family leave and established a refundable payroll tax credit for private sector employers to offset the cost of paid sick and paid family leave. The Coronavirus Response and Relief Supplemental Appropriations Act (PL 116-260) extended the tax credit not the mandate through March 31, 2021. This bill extends, through September 30, 2021, the refundable payroll tax credits for employers that provide paid sick leave and paid family leave to their employees and extends eligibility for the tax credits to state and local governments and nonprofit organizations. • Employers can claim the credit for up to 60 days of paid leave provided to employees who have contracted COVID-19, are caring for someone with COVID-19, awaiting the results of a COVID-19 test, obtaining a COVID-19 vaccine, or are recovering from the side effects of a COVID-19 immunization. Emergency Unemployment Relief for Governmental Entities & Nonprofits (Section 9012) This section extends a CARES provision set to expire on March 31, 2021 that provides a subsidy for costs incurred by employers who provide unemployment benefits on a reimbursable basis, rather than via tax contributions through September 6, 2021 and increases the subsidy from 50 percent to 75 percent. 15 Page 4 of 11 Emergency Housing Vouchers (Section 3202) Direct formula allocation to housing authorities The bill includes a supplemental FY 2021 appropriation of $5 billion (allocated to housing authorities) for emergency incremental Section 8 vouchers to transition homeless people or people at risk of homelessness to stable housing. • Funds are available through FY 2030. • Housing authorities must accept or decline the supplemental vouchers via a process established by HUD; HUD will reallocate declined vouchers. Households eligible for assistance include are those that are: • Homeless, • At risk of homelessness, • Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking, • In other populations where providing supportive services would prevent the family's homelessness or would serve those at risk of housing instability, or • Veterans and families that include a veteran that meet one of the above criteria. Homeowner Assistance Fund (Section 3206) Direct formula allocation to states The bill creates a new Homeowner Assistance Fund at the Treasury Department and appropriates $9.961 billion, available through FY 2025, for it. • Treasury will allocate funds to the by formula within 45 days of enactment based on unemployment and past due mortgages or mortgages in foreclosure with a minimum state allocation of$50 million. Funds can be used to assist owners of 1-4 unit dwellings with mortgages within Fannie Mae and Ginnie Mae conforming loan limits with: • Mortgage payment assistance, • Financial assistance to allow a homeowner to reinstate a mortgage or pay other housing related costs related to a period of forbearance, delinquency, or default, • Principal reduction, • Facilitating interest rate deductions, • Payment assistance for utilities, internet service, insurance, homeowners association or condominium fees, reimbursement of funds expended by state and local governments between January 21, 2020 and the date Treasury disburses these funds, and • Any other assistance to promote housing stability for homeowners as determined by the Treasury Department. 16 Page 5 of 11 States must use at least 60 percent of their allocation to assist homeowners at or below 100 percent of area median income. Housing Counseling (Section 3204) The bill appropriates $100 million to the Neighborhood Reinvestment Corporation for grants to housing counseling organizations, state housing finance agencies, and NeighborWorks organizations for housing counseling services. Funding for Water Assistance Program (Section 2912) Formula allocation to states with funds sub-allocated to water and sewer utilities The bill appropriates $500 million for a Department of Health & Human Services Program to "assist low-income households, particularly those with the lowest income, that pay a high proportion of household income for drinking and wastewater services, by providing funds to owners or operators of public water systems or treatment systems to reduce arrearages of and rates charged to such households." HHS will allocate funds to the states by formula based on percentage of households below 150 percent of poverty and the percentage of households that spend more than 30 percent of their monthly income on housing. Airport Improvement Program Direct formula allocation to airports The bill appropriates$8 billion, available through FY 2024,for the Airport Improvement Program. • $6.492 billion will be allocated to primary airports and certain cargo airports apportioned using the AIP formula (modified), with $608 million to be used to pay a 100 percent federal share of airport development projects funded by AIP in FY 2020 and FY 2021 (any funds remaining after that allocated by enplanements). • $100 million will be allocated by formula to non-primary commercial and general aviation airports based on NPIAS data. • $800 million will be allocated by formula based on enplanements to primary airports to provide relief from rent and annual guarantees to airport concessions, with $640 million reserved for small airport concessions (less than $56.42 million in annual receipts). Eligible uses include: • Operations, • Personnel, • Cleaning, sanitizing, janitorial services, and combatting the spread of pathogens at the airport, and • Debt service payments. 17 Page 6 of 11 Airports that received in excess of four years of operating funds from previous relief bills are not eligible for an allocation. Airports must provide rent and minimum annual obligations relief to concessions equal to its concession relief allocation and hub and primary airports must retain at least 90 percent of their March 27, 2020 workforce (adjusted for retirements and voluntary separations). Federal Transit Administration Grants (Section 3401) Funds generally allocated by formula to transit agencies, with some funds allocated via competitive grants to transit agencies The bill appropriates $30.461 billion for transit formula grants. • $26.086 billion is for Section 5307 urbanized area formula grants using a modified formula', • $50 million is for Section 5310 elderly and disabled formula grants, • $417 million is for Section 5311 rural formula grants, and • $1.425 billion is for Section 5309 Capital Investment Grants distributed to projects that received funding in FY 2019 or FY 2020 and are not yet open for revenue service, • $25 million set aside for service restoration grants to transit agencies to support route planning designed to increase ridership and reduce travel time while maintaining or expanding vehicle revenue service miles or to make service adjustments to improve quality or frequency of service to low-income riders and disadvantaged communities, and • $2.207 billion is for grants to transit agencies requiring additional assistanceZ. The bill waives the non-federal match for these funds and allows them to be used for payroll and operating costs. FEMA Disaster Assistance (Section 4005) The bill appropriates $50 billion for the FEMA Disaster Assistance Program, to provide additional disaster assistance 'for costs associated with major disaster declarations." Funds will be available through the end of FY 2025. FEMA Funeral Assistance (Section 4006) This provision would require ("shall") FEMA to provide funeral assistance to individuals and households at a 100 percent federal share. 1 Each urbanized area can receive up to 132 percent of its transit agencies'2018 operating costs,with remaining funds allocated such that each urbanized area that did not receive an allocation under the 132 percent cap receives an apportionment equal to 25 percent of 2018 operating costs. Z FTA must issue a funding notice for competitive grants within 180 days of enactment. 18 Page 7 of 11 FEMA Assistance to Firefighter Grants and SAFER Firefighter Hiring Grants (Section 4013) Competitive grants—local governments eligible to apply The bill includes supplemental FY 2021 appropriations of$100 million for AFG and $200 million for SAFER, to remain available through FY 2025. FEMA Emergency Management Performance Grants (Section 4014) Funds allocated to the states by formula and sub-allocated to some local emergency management agencies The bill includes a supplemental FY 2021 appropriation of $100 million for EMPG, to remain available through FY 2025. National Endowment for the Arts (Section 2021) Funds allocated in part by formula to the states and in part via competitive grants to arts organizations The bill provides a supplemental FY 2021 appropriation $135 million for NEA, to remain available until expended. • 40 percent will be allocated to state arts agencies to support programming and general operating expenses, with no federal match. • 60 percent is for competitive grants to arts organizations for programming and general operating expenses, with no federal match. Economic Development Administration (Section 6001) Competitive grants—local governments eligible to apply(contact EDA regional office) The bill appropriates $3 billion for EDA Economic Adjustment Assistance Grants (42 USC 3149) and EDA Disaster Economic Recovery Grants (42 USC 3233 and 3149(c)(2)). • The federal share for these funds, per 42 USC 4233, is 100 percent. The eligible use of these funds is activities identified by communities, the economies of which are injured by: • Military base closures or realignments, defense contractor reductions in force, or Department of Energy defense-related funding reductions, for help in diversifying their economies through projects to be carried out on Federal Government installations or elsewhere in the communities; • Disasters or emergencies, in areas with respect to which a major disaster or emergency has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), for post-disaster economic recovery; • International trade, for help in economic restructuring of the communities; • Fishery failures, in areas with respect to which a determination that there is a commercial fishery failure has been made under section 1861a(a) of title 16; or 19 Page 8 of 11 • The loss of manufacturing jobs, for reinvesting in and diversifying the economies of the communities. The American Rescue Plan expands on this language to target the funds "to prevent, prepare for, and respond to coronavirus and for necessary expenses for responding to economic injury as a result of the coronavirus." It also sets aside 25 percent of 'for assistance to states and communities that have suffered economic injury as a result of job and gross domestic product losses in the travel, tourism, or outdoor recreation sectors." National Endowment for the Humanities (Section 2022) Funds allocated in part by formula to the states and in part via competitive grants to humanities organizations The bill provides a supplemental FY 2021 appropriation $135 million for NEH,to remain available until expended. • 40 percent will be allocated to state humanities councils to support programming and general operating expenses, with no federal match. • 60 percent is for competitive grants to humanities organizations for programming and general operating expenses, with no federal match. Institute of Museum & Library Services (Section 2023) Funds allocated in part by formula to the states and in part via competitive grants to humanities organizations The bill provides a supplemental FY 2021 appropriation $200 million for IMLS,to remain available until expended. • 89 percent will be allocated to state library administrative agencies to support programming and general operating expenses, with regular match and maintenance of effort requirements waived. IMLS has posted state allocations: https://www.imis.gov/sites/default/files/2021-03/arpaallotmenttablefy2O21.pdf. Nutrition Programs (Multiple Sections) SNAP—Sections 1101-1102 The bill extends the 15 percent increase in maximum SNAP benefit through September 30, 2021 and appropriates $1.135 billion for formula grants to the states for SNAP administration. WIC—Sections 1105-1106 The bill provides a supplemental appropriation of $800 million for WIC and temporarily boosts the cash value of WIC vouchers through September 30, 2021. The bill also appropriates $390 million for WIC program modernization. 20 Page 9 of 11 Child and Adult Food Care Program —Section 1107 Temporarily(duration of the pandemic) expands eligibility for child nutrition assistance to age 25 at emergency homeless shelters. Pandemic EBT Program —Section 1108 Through P-EBT, eligible school children in participating states3 receive temporary emergency nutrition benefits loaded on EBT cards that are used to purchase food. Children who would have received free or reduced price meals under the National School Lunch Act if their schools were not closed or operating with reduced hours or attendance for at least 5 consecutive days are eligible to receive P-EBT benefits. The bill expands P-EBT to cover any school year in which there is a public health emergency, including summer. FEMA Emergency Food & Shelter Program —Section 4007 Funds allocated to regional EFSP administrators The bill includes a supplemental FY 2021 appropriation of$400 million for the FEMA Emergency Food and Shelter Program. Child Tax Credit (Section 9611) For 2021, the bill makes the Child Tax Credit refundable and increases the annual amount of the credit from $2,000 per child to $3,000 per child ($3,600 for a child under 6). • The increase allowance for 2021 is phased out; any excess (the additional $1,000 or $1,600 per child) is reduced by $50 for every $1,000 in modified adjusted gross income over$150,000 forjoint filers($112,500 for head of household and $75,000 for other filers) until it plateaus at $2,000, after which it phases out at present law levels ($400,000 income for joint filers and $200,000 income for other filers). The bill also makes 17-year-olds eligible for the credit in 2021 and directs the Treasury Department to issue advance payments of the tax credit based on information in 2019 or 2020 tax returns,with the advance payments made in periodic (monthly or bimonthly at the discretion of Treasury) installments beginning on July 1, 20214. • The bill requires the Treasury to inform taxpayers about the payments and to establish an online portal for tax payers to enter corrected or updated information and seek information. 3 For school year 2020-2021:AZ,CT, DE, FL, IL, IN, KY, MA, MI, MN, NE, NM, NC, ND, OH, PA, PR, RI,SC,TN,VT,VA, WA,WV,WI 4 In other words, eligible taxpayers will receive half of the tax credit in 6 monthly payments or 3 bimonthly payments and then claim the other half when they file 2021 taxes. 21 Page 10 of 11 Child Care & Dependent Tax Credit (Sections 9631 and 96321 For 2021, the bill makes the credit refundable and increases the amount of expenses eligible for the credit to from $3,000 to $8,000 per individual and $6,000 to $16,000 for two or more individuals. • The bill also raises the percentage of costs eligible for the credit from 35% to 50% and raises the income phase-out threshold from $15,000 to $125,000, with the credit phasing out gradually up to $400,000 of income. Earned-Income Tax Credit For childless adults, in 2021,the bill increases the maximum credit from $543 to$1,502, increases the income limit for claiming the credit from $16,000 to $21,000, and eliminates the age cap on the credit. • The bill also increases the amount of the childless EITC by doubling the phase-in and phase-out percentages from 7.65 to 15.3%, increasing the earned income amount to $9,820, and increasing the phase-out amount to $11,610 • It also includes a provision to ensure that workers whose earnings decline this year due to the pandemic do not see a reduced EITC amount as a result. 22 Page 11 of 11 CI I YrY Office of the Mayor O DENTON 215 E. McKinney St., Denton, TX 76201 • (940) 349-7717 March 24, 2021 The Honorable Chris Paddie House State Affairs Committee Texas House of Representatives P.O. Box 12068 Austin, Texas 78711 Dear Chairman Paddie, The purpose of this letter is to inform you of the City of Denton's opposition to several similar law enforcement defunding bills being heard before your committee. These bills appear to be based on several assumptions: • That only funding is directly correlated with effective public safety; • There is no scenario, now or in the future, where police resource reduction and preservation of public safety can coexist; and • That a local government cannot effectively provide for public safety services. The City of Denton has taken care to provide appropriate resources for public safety, such as increasing the police budget and staffing as part of the recent FY 2021-22 budget. However, the City believes legislation that provides a penalty,whether by tax rate limitations or other mechanism, for reducing the funding or staffing of its police operations does so at the expense of other critical services that contribute meaningfully to public safety. The City also believes authority for how it funds, staffs, and operates its police department is best left to those who know the community's needs the best—its residents and the Council they elect to represent them. Under a number of these bills, even an inconsequential reduction in our police budget to replace a costly and ineffective program or a reduction in one staff member due to an interlocal agreement with another law enforcement agency would not only label our City as a"defunding local government", but punitively roll back revenues that fund other critical, safety-related services such as building inspections, code enforcement, animal services, street maintenance, and fire protection. This punitive action would also extend to our electric utility where rates would be frozen at the same rate in which we were labeled a defunding city. As an enterprise operation, our electric utility must raise revenues to cover the ever-increasing costs of service. Restrictions on the ability to cover these costs would result in additional public safety hazards that come with unreliable or insufficient electric service. Several of these bills create a process by which a state agency, such as the governor's criminal justice division, can decide of whether a city violates the funding prohibition. We strongly support language that establishes a process by which a city can participate in a formal or OUR CORE VALUES Integrity• Fiscal Responsibility•Transparency•Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989 23 informal hearing in order to provide relevant information on the city's budget and budget adoption process. City officials know their budgets and their police departments best, and it is imperative that cities have a seat at the table in any process that would potentially limit revenue for budgeting decisions made by the city. Another procedural safeguard that might help is to give the criminal justice division latitude to determine if a city's budget decision has a significant adverse impact on public safety within the city. Including such a standard would give the governor's office necessary discretion to fairly perform its duty under the bill while preserving local flexibly in preserving public safety efficiently and effectively. Additionally, considerations for disasters and economic downturns that necessitate resource reductions would provide benefit in the event of unforeseen calamity. The City would like to extend an invitation to work with you to eliminate any unintended consequences these defunding bills while still meeting the initial intent of incentivizing local law enforcement agencies to be responsive to the communities they serve. For these reasons, the City of Denton opposes law enforcement defunding bills and other similarly drafted legislation as they are currently written. Thank you for your leadership and for taking into consideration the City of Denton's input. Sincerely, kerardudspeth Mayor Cc: Honorable Members of the House State Affairs Committee Honorable Members of the Denton County Delegation 2 24 Utilities 901 Texas Street, Denton, TX 76205 DENTON March 24, 2021 The Honorable Jeff Leach Chairman, Judiciary and Civil Jurisprudence Texas House of Representatives P.O. Box 2910 Austin, TX 78768-2910 Dear Chairman Leach: Thank you for allowing the City of Denton to provide written testimony regarding H.B. 610. The bill would authorize a wide spectrum of state license holders, whether person or entity, to bring legal action against a city to enjoin the enforcement of a local law that: 1. establishes requirements for, imposes restrictions on, or otherwise regulates the occupation or business activity of the license holder in a manner that is more stringent than the requirements, restrictions, and regulations imposed on the license holder under state law; or 2. results in an adverse economic impact on the license holder. Under this bill, almost any state licensee could claim a local regulation has an adverse economic impact or is more stringent than the requirements imposed under state law. For instance,under this bill a restaurant with a license from the Texas Alcoholic Beverage Commission could attempt to enjoin the enforcement of a city's health code regulations. A state- licensed daycare could seek to enjoin city building codes that impose more stringent fire regulations than provided under state law. A cosmetologist could seek to enjoin the city parking regulations. More concerning, is the ambiguous element of whether this bill would pre-empt the ability of cities to charge a reasonable fee related to permitting since that could be claimed to adversely impact the license holder. These fees, charged to developers and property owners who benefit from the increase in value of their property and are considered a cost of business, would be charged to taxpayers at large. This bill, as filed, is overbroad and has the potential to have unforeseen impacts across a wide variety of city ordinances and services. It would also thwart cities from passing ordinances that address community concerns. Regulations with broad community support, such as those for sexually oriented businesses or predatory payday loan establishments, would be exceedingly more difficult to enforce at a local level. OUR CORE VALUES Integrity- Fiscal Responsibility-Transparency-Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989 25 Utilities 901 Texas Street, Denton, TX 76205 DENTON For these reasons, the City of Denton opposes H.B. 610. Thank you for your leadership and for taking into consideration the City of Denton's position. Sincerely, G Gerard Hudspeth Mayor Cc: Honorable Members of the Judiciary and Civil Jurisprudence Committee Honorable Members of the Denton County Delegation OUR CORE VALUES Integrity• Fiscal Responsibility•Transparency•Outstanding Customer Service ADA/EOE/AREA www.cityofdenton.com TDD(800)735-2989 26 CI I YrY Office of the Mayor O DENTON 215 E. McKinney St., Denton, TX 76201 • (940) 349-7717 March 24, 2021 The Honorable Chris Paddie House State Affairs Committee Texas House of Representatives P.O. Box 12068 Austin, Texas 78711 Dear Chairman Paddie, The purpose of this letter is to inform you of the City of Denton's opposition to House Bill 749 by Representative Middleton. The bill significantly alters the relationship between Texas cities and state government. Under this bill, cities would lose the ability to hire individuals or firms to represent their legislative interests, proactively communicate directly with legislators and legislative staff, or advise the City on legislation and the legislative process. Essentially, this bill prohibits the hiring of persons required to register as lobbyists and severely reduces a city's ability to engage in the legislative process. With the current volume of city-related bills being considered, it is takes an extraordinary amount of time for a legislator to be informed and vote on all those bills. It is even more difficult for mayors and city councils, who may not have legislative expertise or the time to adequately research proposed changes of state statutes, to evaluate the potential impacts on municipal operations. Cities rely on the knowledge and expertise of legislative consultants to help understand the impacts of bills, but also to help inform legislators which bills have potential adverse impacts on city operations. One further concern is the extra expense cities would incur. Cities would be forced to hire additional full-time staff to spend the necessary time for full analyses of bills. Having an advocate physically present in Austin brings an added level of efficiency to the process of dropping support and opposition cards, providing testimony, and directly engaging with legislative staff and members. Without those advocates, costs for travel, lodging, and full compensation with benefits must be considered if cities can no longer contract with legislative advocates. The money saved by contracting with legislative advocates is far more beneficial to taxpayers. Another issue is the frequency and regularity which private industry uses lobbyists to influence legislation that affects cities. As an elected official I know the importance of being fully informed on the issues I am considering. Legislators work hard to represent the interests of constituents who live in their districts. To assist them in that job, they need information from multiple sources and they need to hear every side of the issue, including hearing from cities. When an industry lobbyist assures a legislator a particular bill will not adversely affect his or her OUR CORE VALUES Integrity• Fiscal Responsibility•Transparency•Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989 27 constituents, the lawmaker needs a team that can quickly gather the facts, research the law, and respond from the cities perspective. Cities need advocates who can provide this service and help ensure lawmakers clearly understand the impacts of the bills they are considering. For these reasons, the City of Denton opposes HB 749. Thank you for your leadership and for taking into consideration the City of Denton's position. Sincerely, Zerard Hudspeth Mayor Cc: Honorable Members of the House State Affairs Committee Honorable Members of the Denton County Delegation 2 28 IOI City of Denton DENTON 215 E. McKinney St., Denton, TX 76201 March 22, 2021 RE: Testimony for House Ways and Means Committee consideration of H.B. 1869 Honorable Chair and members of the House Ways and Means Committee, The City of Denton would like to thank the Committee for this opportunity to provide testimony regarding the impacts of H.B. 1869. The City of Denton believes this bill would drastically impact our ability to provide critical services and negatively impact our residents and ratepayers. The changes to Section 26.012, Texas Tax Code, under HB 1869 change the definition of debt to include Certificates of Obligation(COs) and other non-voted, tax debt for the purposes of calculating the Maintenance and Operations (M&O) rate within the voter-approval tax rate. This bill would make it more difficult for cities to issue COs and other forms of non-voted debt secured with ad valorem taxes by requiring the property tax revenues pledged to the non-voted debt to be included as an M&O expense subject to the property tax cap formula under SB 2, rather than as a debt expense which is excluded from the formula. COs and other tax-supported debt are critical tools for cities to maintain infrastructure in a fiscally prudent manner. These instruments are crucial in providing projects that, while mundane, are necessary for the health and safety of our community. Examples of projects the City has funded through COs over the past several years include HVAC replacements for City buildings, storm water improvement projects, wastewater detention facilities, electric substation construction and security, a phosphorous reduction system for the City's wastewater treatment plant, zebra mussel control system at the City's water plants, and ground water monitoring wells for landfill operations. Funding critical and time sensitive projects with these tools does not replace the role of voters and bond elections for significant projects which set the future course of the City. In 2019, Denton residents approved the largest bond election in City history prioritizing investment in street infrastructure, parks, and public safety facilities. Gaining public support for those significant projects is necessary and will reverberate throughout the next several years and beyond. COs allow the city to proceed with projects which are often technical in nature or time sensitive while still following a transparent process which seeks public feedback. This bill would negatively impact use of COs or other tax-supported revenue bonds which are commonly used to lower borrowing costs for revenue generating projects such as municipal electric, water and sewer systems. The use of revenue only bonds to finance electric, water and sewer infrastructure instead of tax-supported revenue bonds would result in(1)higher interest rates, (2) increased issuance costs, (3)the issuance of additional amounts of debt to fund inefficient debt service reserve funds, and(4) increased electric, water and sewer rates to pay for the higher interest rates, the principal of additional debt and to satisfy dramatically higher debt OUR CORE VALUES Integrity•Fiscal Responsibility• Transparency• Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989 29 o City of Denton DENTON 215 E. McKinney St., Denton, TX 76201 service coverage ratios required by revenue bondholders. In short, requiring the funding of these financing instruments through the M&O tax rate calculation,would result in higher tax and utility rate costs for Denton residents, and likely residents of all cities. Critically, the bill would also negatively impact the use of non-voted taxed-backed refunding bonds which have allowed the City to save tax and rate payer money based on market conditions. This fiscally prudent tool ultimately results in reduced tax and utility rates, however, H.B. 1869 would disincentivize its use. Please consider these impacts to our residents when you discuss H.B. 1869. As a result of the issues listed above, and in accordance with the legislative program Denton City Council, we ask that you do not approve H.B. 1869 as presented. Thank you for time and service to our state. f David Gaines Assistance City Manager/Chief Financial Officer City of Denton OUR CORE VALUES Integrity•Fiscal Responsibility• Transparency• Outstanding Customer Service ADA/EOE/AREA www.cityofdenton.com TDD(800)735-2989 30 City of Denton,Texas c Ethics Complaint Timeline of Updated:Mar.2021 DENTON ETHICS COMPLAINT PROCESS NARRATIVE The following document details the Ethics Complaint Process in a step-by-step narrative and corresponding flowchart. This document is intended to assist members of the public in understanding the City of Denton's Ethics Complaint process; however, the Board of Ethics highly encourages any individuals who wish to submit an Ethics Complaint to refer to the full Code of Ethics,which is publicly posted at CityofDenton.com/en-us/Ethics Ordinance. Ethics Complaint Process: Preliminary Assessment 1. A Complainant must submit a Complaint on the proper Ethics Complaint Form to the City Auditor. A Complaint must be delivered by hand,via US mail, or to an email address publicly listed by the City Auditor. 2. The City Auditor has five(5)business days to determine if the Complaint is administratively complete and timely. If the Complaint is administratively complete and timely,proceed to step 5. If it is not,proceed to step 3. 3. If the Compliant is not administratively complete,the City Auditor must send a written deficiency notice identifying the required information to the Complainant within the same five(5)business day timeframe. 4. The Complainant has ten(10)business days to provide the required information once requested, or the Complaint is automatically deemed abandoned. If the Complainant provides the required information within ten(10)business days proceed to step 5. If the Complainant does not provide the information,proceed to step 10. 5. If the Complaint is Accepted, a Preliminary Assessment of the Complaint is conducted by a three-member Panel of the Board of Ethics. The City Auditor must provide notification that the Complaint was accepted to the Complainant,the Respondent,the City Attorney,and the Board of Ethics Chairperson within five(5)business days of acceptance.The Chairperson must designate the Panel members and assign the Complaint within five(5)business days of receiving the notification of acceptance. Preliminary Assessment meetings must be scheduled within ten (10)business days of the Complaints assignment by the City Auditor. 6. The Panel must determine if the Complaint, on its face, is Actionable—the allegations and evidence contained in the Compliant, if true, would constitute a violation of the Ethics Ordinance; the Panel's review is limited to the contents of the Complaint including all evidence submitted concurrently. Written notification of the Panel's determination must be filed with the City Auditor and forwarded to the Chairperson,Complainant,Respondent,and City Attorney within two (2) business days. If the Complaint is Actionable, proceed to step 14. If not, proceed to step 7. 7. If a Complaint is not Actionable,the Panel may consider recommending that a Hearing be first held on an accepted Compliant to determine if it may be Frivolous. The Panel may consider information not concurrently submitted as evidence as part of a consideration of the accuracy of statements made in the Complaint in order to make this recommendation. If the Panel recommends holding a Frivolity Hearing,proceed to step 14. If not,proceed to step 8. 8. If the Panel determines the Complaint is not Actionable and does not recommend a frivolity Hearing,the Complaint is Baseless—the allegations and evidence contained in the Complaint, if true, would not constitute a violation of the Ethics Ordinance — and is dismissed. Written notification of the Panel's determination must be filed with the City Auditor and forwarded to the Chairperson, Complainant, Respondent, and City Attorney within two (2) business days;written notification must include notice of right to Appeal. 9. The Complainant may Appeal the Panel's Baseless determination by filing a written notice of appeal with the City Auditor within ten (10) business days of the date of written notification. If the Complainant does not appeal the Panel's determination proceed to step 10. If the Panel's determination is appealed,proceed to step 11. 10. The Ethics Complaint is closed.If the Ethics Complaint was abandoned(refer to step 4),the City Auditor must send written notification that the Complaint was abandoned to the Complainant and Respondent. 11. Hearings should be scheduled by the City Auditor within thirty(30) business days of receiving the written notice of appeal. 31 City of Denton,Texas c Ethics Complaint Timeline of Updated:Mar.2021 DENTON 12. If the Panel's Baseless determination is appealed, a Hearing is conducted by the full Board of Ethics to determine if the Complaint,on its face,is Actionable—the allegations and evidence contained in the Compliant,if true,would constitute a violation of the Ethics Ordinance; the Board's review is limited to the contents of the Complaint including all evidence submitted concurrently. The Board's final opinion from the Preliminary Assessment Hearing must be filed with the City Auditor and transmitted to the Complainant, Respondent, and City Attorney within ten (10)business days.If the Board determines the Complaint to be Actionable,proceed to step 14.If the Board upholds the Panel's Baseless determination,proceed to step 13. 13. The Complainant may request the Board reconsider its decision from the Hearing by filing a reconsideration request in writing with the City Auditor within five (5) business days of receiving the Board's final opinion. The Reconsideration Request must be sent to the Chairperson and Respondent. If the Chairperson, in their sole discretion,finds that the request includes new evidence that was not submitted at the Hearing and the new evidence bears directly on the Board's determination, the Chairperson must coordinate with the City Auditor to schedule a Hearing within thirty (30) business days after filing with the City Auditor. If new, relevant evidence is received, proceed to step 14. Absent new evidence return to step 10. Ethics Complaint Process: Evidentiary Hearing 14. Evidentiary Hearings should be scheduled by the City Auditor within thirty(30)business days of receiving a Panel's determination that a Complaint is Actionable. 15. Before a Hearing occurs, the Board of Ethics may conduct a preliminary hearing to issue a subpoena for data or other evidence needed for the performance of the Board's duties, or to rule on any procedural requests from the parties. The Complainant and Respondent may submit additional evidence as desired, including the names of witnesses, sworn statements, and documentation; however,this must be submitted to the City Auditor no less than four(4)calendar days prior to the Hearing. 16. After calling the Hearing to order,the Complainant must announce that they are present. If the Complainant is not present,the Complaint is dismissed, the Hearing is closed, and a Letter of Dismissal is issued. If the Complainant is present at the Hearing,proceed to step 17. 17. An Evidentiary Hearing is conducted solely to determine whether: a. A violation of the Code of Ethics occurred—proceed to step 18; b. An Accepted Complaint was erroneously dismissed as Baseless by a Panel; and/or c. An Accepted Complaint is Frivolous—proceed to step 19. 18. If the Board determines by simple majority vote that a violation of the Code of Ethics has occurred,it may within ten (10) business days impose or recommend sanctions on the Respondent. The Board is not required to impose sanctions even if it determines a violation of the Code of Ethics has occurred. The following sanctions may be imposed or recommended: a. Letter of Notification; b. Letter of Admonition; c. Letter of Reprimand; d. Suspension; or e. Ineligibility. The Board's decision regarding imposing or recommending sanctions must be rendered within ten (10) after conclusion of the Hearing at which the Board determined a violation occurred.Notice of all sanctions imposed or recommended by the Board shall be transmitted to the Respondent, Complainant,City Auditor,City Attorney, and City Council. If sanctions are imposed or recommended,proceed to step 21. If sanctions are not imposed,proceed to step 20. 32 City of Denton,Texas c Ethics Complaint Timeline of Updated:Mar.2021 DENTON 19. If the Board determines by a vote of two-thirds (2/3) of its members that a Complaint was Frivolous, the Board may impose or recommend sanctions as discussed in step 18 on the Complainant.Notice of all sanctions imposed or recommended by the Board shall be transmitted to the Respondent, Complainant, City Auditor, City Attorney, and City Council. If sanctions are imposed or recommended, proceed to step 21. If sanctions are not imposed, proceed to step 20. 20. The Board may dismiss an Ethics Complaint during an Evidentiary Hearing if it determines that: a. The Complaint is Baseless; b. The alleged violation did not occur; c. The Accused relied on an Advisory Opinion; or d. The Complainant failed to testify as the Hearing(refer to step 16). If the Complaint is dismissed,a Letter of Dismissal should be issued to the Respondent,Complainant,City Auditor, and City Attorney within ten(10)business days after the conclusion of a hearing. 21. Based on the Board's determination,the Complainant or Respondent may request the Board reconsider its decision from the Hearing by filing a Reconsideration Request in writing with the City Auditor within five (5) business days of receiving the Board's final opinion. The reconsideration request must be sent to the Chairperson and Respondent. If the Chairperson, in their sole discretion, finds that the request includes new evidence that was not submitted at the Hearing and the new evidence bears directly on the Board's determination,the Chairperson must coordinate with the City Auditor to schedule a Hearing within thirty (30) business days after filing with the City Auditor. If new,relevant evidence is received,return to step 16. Absent new evidence proceed to step 22. 22. The Ethics Complaint is Closed. 33 City of Denton: Ethics Complaint Process Preliminary Assessment Complainant City Auditor Three-Member Panel of the Board of Ethics Board of Ethics Yes 1 5 2 Submit notarized Ethics Is the Compliant Conduct a Preliminary Complaint Form. Administratively Yes Assessment of the Ethics omplete&Timel Complaint. No 3 4 6 Provide all missing Send written notification of Is the Ethics Complaint required information? Complaint deficiency. Actionable? Yes No No 10 14 7 Ethics Complaint i s Closed. Could the Ethics -Yes-- es Evidentiary Hearing Complaint be Frivolous? Process. No No 8 9 Appeal the Panel's Dismiss the Ethics Complaint as decision? Baseless. No Yes 9 11 Submit written notification of Conduct a Preliminary the Appeal request. Assessment Hearing. 13 12 Reconsideration filed& Uphold Baseless ccepted by BOE Chair. Yes Dismissal? No 3 Ye City of Denton: Ethics Complaint Process Evidentiary Hearing Respondent Board of Ethics Complainant 14 Evidentiary Hearing 15 Scheduled based on May Submit Additional Preliminary Assessment Evidence to the City Auditor. determination. 15 IF 15 Receive Submitted Evidence May Submit Additional 10 and Info from City Auditor& Evidence to City Auditor. Potentially Hold a Preliminary Hearing or Issue a Subpoena. 17 16 Conduct Hearing. Ye Appear&Present Case? No 17 16 Yes s the Ethics Complain Actionable? Ethics Complaint is Dismissed. No N 17 ondent Violate Nos the Ethics Complain Yes Ordinance? Frivolous? Yes No 18 i IF 18 20 19 19 Receive Notification of hould Respondent be Should Complainant be Receive Notification of *__Yes_ es No E iss Ethics Complaint. No Ye Sanction. Sanctioned? Sanctioned? Sanction. 21 21 econsideration filed econsideration filed cepted by BOE Chairs ccepted by BOE Chai AL 22 No Ethics Complaint is Closed. No City of Denton,Texas ct r ti Ethics Complaint Timeline of Updated:Mar.2021 DENTON ETHICS COMPLAINT PROCESS TIMELINES The following timelines are associated with each phase in the Ethics Complaint process.Each step generally occurs chronologically and must be completed within the number of days listed to the right. Submitted Ethics Complaint Complainant Submit Ethics Complaint. NA City Auditor Is Ethics Complaint administratively complete&timely? Yes: Ethics Complaint Accepted—proceed to Accepted Ethics Complaint. 5 Business Days No:Notify Complainant of deficiency and request missing information. Complainant Provide required missing information—proceed to Accepted Ethics Complaint; or 10 Business Days Do not provide required missing information—Complaint Abandoned. City Auditor Notify Complainant,Respondent, & City Attorney of Abandoned Ethics 5 Business Days Complaint. Accepted Ethics Complaint Notify Complainant and Respondent of Accepted Ethics Complaint. City Auditor Provide Respondent with copy of the Accepted Ethics Complaint. 5 Business Days Refer Accepted Ethics Complaint to Board of Ethics Chair. BOE Chair Assign Accepted Ethics Complaint to three-member Board of Ethics Panel for 5 Business Days Preliminary Assessment. Is Accepted Ethics Complaint Actionable? Yes: Actionable Ethics Complaint—proceed to Actionable Ethics BOE Panel Complaint. 10 Business Days No: Baseless Ethics Complaint—proceed to Baseless Ethics Complaint. File written Notification of Determination with City Auditor. City Auditor Provide written Notification of Determination to Complainant,Respondent, City 2 Business Days Attorney, &Chair. Actionable Ethics Complaint Appeal Panel's Actionable determination? Respondent No: Ethics Complaint Hearing—Proceed to Evidentiary Hearing. 10 Business Days Yes: Submit Appeal to City Auditor in writing. Is Appealed Ethics Complaint Actionable? Board of Yes: Actionable Ethics Complaint—proceed to Evidentiary Hearing. 30 Calendar Days Ethics No: Baseless Complaint is Dismissed—End. File written Notification of Determination with City Auditor. City Auditor Provide written Notification of Determination to Complainant&Respondent. 2 Business Days Baseless Ethics Complaint Appeal Panel's Baseless determination? Complainant No: Baseless Complaint is Dismissed—End. 10 Business Days Yes: Submit Appeal to City Auditor in writing. Is Appealed Ethics Complaint Actionable? Board of Yes: Actionable Ethics Complaint—proceed to Evidentiary Hearing. 30 Calendar Days Ethics No: Baseless Complaint is Dismissed—End. File written Notification of Determination with City Auditor. City Auditor Provide written Notification of Determination to Complainant&Respondent. 2 Business Days 36 City of Denton,Texas ct r ti Ethics Complaint Timeline of Updated:Mar.2021 DENTON Evidentiary Hearing Did a violation of the Ethics Ordinance occur? Board of Yes: Determine appropriate Sanctions—Proceed to Imposing or Ethics Recommending Sanctions. 30 Calendar Days No: Ethics Complaint is Dismissed—Proceed to Dismissed Ethics Complaint. Imposing or Recommending Sanctions Board of Render determination of appropriate Sanctions. 10 Business Days Ethics Notify Respondent, Complainant, City Auditor, City Attorney, &City Council. File Reconsideration Request? Respondent Yes: Proceed to Reconsideration Request. 5 Business Days No: Sanctions are imposed—Process End. Dismissed Ethics Complaint BOE Chair Issue Letter of Dismissal and notify Respondent, Complainant, City Auditor, & 10 Business Days City Attorney. File Reconsideration Request? Complainant Yes: Proceed to Reconsideration Request. 5 Business Days No: Ethics Complaint Dismissed—Process End Reconsideration Request City Auditor Forward Reconsideration request to BOE Chair and Respondent. Does the Reconsideration Request include new evidence that bears directly on the Board of Ethics' previous determination? 30 Business Days BOE Chair Yes: Schedule Ethics Complaint Hearing—Return to Step 4. No: Unilaterally dismiss the Request for Reconsideration and provide notice to the City Auditor, Complainant, &Respondent—Process End. If you have any questions about the process or timelines outlined in this document,you may contact the City Auditor through one of the following methods: City Auditor 215 E.McKinney St. Denton,Texas 76201 (940)349-7228 InternalAudit(&CityotDenton.com www.cityofdenton.com 37 w a icon 1 F X A S PRIORITY BILL STATUS REPORT 03-26-2021 - 07:55:07 - Action in the date range - Link to Related Information ( ) - Priority Referred to Committee Reported ham itt Commee Passed 1 st Chamber Referred to nvitee ikw FFFFF—r--rr-SogrAdAA9tDeCdha 2ndn e CriticaUHigh Priority HB 88 Thompson, Senfronia(D) Relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses, witnesses to the commission of those offenses, and other members of the public. Companions: SB 161 West, Royce (Identical) 11-10-20 S Filed Bill History: 03-25-21 H Committee action pending House Homeland Security and Public Safety HB 610 Swanson, Valoree(R) Relating to judicial review of certain local laws applicable to state license holders. Bill History: 03-24-21 H Committee action pending House Judiciary and Civil Jurisprudence HB 638 Krause, Matt(R) Relating to the authority of certain political subdivisions to adopt a budget that reduces the amount allocated to provide a fire protection, law enforcement, or emergency medical service. Bill History: 03-01-21 H Introduced and referred to committee on House State Affairs HB 652 Paul, Dennis(R) Relating to notice of an epizootic infectious disease occurring in an animal shelter. Bill History: 03-22-21 H Reported from committee as substituted House Public Health HB 749 Middleton, Mayes(R) Relating to the use by a political subdivision of public funds for lobbying activities. Companions: SB 234 Hall, Bob (Identical) 38 3- 3-21 S Introduced and referred to committee on Senate State Affairs Bill History: 03-25-21 H Committee action pending House State Affairs HB 753 Cain, Briscoe(R) Relating to municipal solid waste management services contracts. Bill History: 03-22-21 H Committee action pending House Environmental Regulation HB 768 Patterson, Jared(R) Relating to the requirement that certain governmental bodies make audio and video recordings of open meetings available on the Internet. Bill History: 03-25-21 H Committee action pending House County Affairs HB 1024 Geren, Charlie(R) Relating to the pickup and delivery of alcoholic beverages for off-premises consumption. Companions: SB 298 Hancock, Kelly (Identical) 3-16-21 S Committee action pending Senate Business and Commerce Bill History: 03-25-21 S Received in the Senate HB 1391 Middleton, Mayes(R) Relating to the effect of an election at which the voters fail to approve or vote to reduce the ad valorem tax rate adopted by the governing body of a taxing unit. Bill History: 03-22-21 H Committee action pending House Ways and Means HB 1885 Harris, Cody(R) Relating to restrictions on municipal regulation in certain areas. Companions: SB 1922 Lucio, Eddie (Identical) 3-12-21 S Filed Bill History: 03-23-21 H Committee action pending House Land and Resource Management O HB 1900 Goldman, Craig(R) Relating to municipalities and counties that adopt budgets that defund law enforcement agencies. Bill History: 03-25-21 H Committee action pending House State Affairs 39 HB 2319 Jetton, Jacey (F)(R) Relating to the use of public money to compensate a person who lobbies the federal government. Bill History: 03-15-21 H Introduced and referred to committee on House State Affairs HB 2362 Harris, Cody(R) Relating to municipalities and counties that adopt budgets that defund law enforcement agencies. Bill History: 03-25-21 H Committee action pending House State Affairs HB 2438 Meyer, Morgan(R) Relating to municipalities and counties that adopt budgets that defund law enforcement agencies. Bill History: 03-16-21 H Introduced and referred to committee on House Ways and Means HB 3687 Capriglione, Giovanni(R) Relating to the disclosure of lobbying contract information by political subdivisions. Bill History: 03-25-21 H Meeting set for 8:00 A.M., E1.004 - House State Affairs O SB 10 Bettencourt, Paul(R) Relating to the use by a county or municipality of public money for lobbying activities. Bill History: 03-11-21 S Introduced and referred to committee on Senate Local Government OSB 23 Huffman, Joan(R) Relating to an election to approve a reduction or reallocation of funding or resources for a municipal or county law enforcement agency. Bill History: 03-25-21 S Committee action pending Senate Jurisprudence OSB 46 Zaffirini, Judith(D) Relating to the municipal regulation of housing for homeless individuals provided by a religious organization. Companions: HB Rodriguez, Eddie (Identical) 2405 3-16-21 H Introduced and referred to committee on House Urban Affairs Bill History: 03-25-21 S Committee action pending Senate Local Government 40 SB 234 Hall, Bob(R) Relating to the use by a political subdivision of public funds for lobbying activities. Companions: HB 749 Middleton, Mayes (Identical) 3-25-21 H Committee action pending House State Affairs Bill History: 03-03-21 S Introduced and referred to committee on Senate State Affairs SB 778 Hinojosa, Chuy(D) Relating to the review by local governmental entities of certain sales and use tax audit reports and audit working papers. Companions: HB 4032 Herrero, Abel (Identical) 3-11-21 H Filed Bill History: 03-25-21 S Meeting cancelled for 03/29/21 - Senate Finance ID SB 877 Hancock, Kelly(R) Relating to the inspection of municipal buildings during a declared disaster. Companions: HB Morrison, Geanie (Identical) 2548 3-17-21 H Introduced and referred to committee on House Urban Affairs Bill History: 03-23-21 S Committee action pending Senate Business and Commerce Total Bills: 21 Copyright © 2021. Texas Legislative Service. All Rights Reserved. 41 Signage will be posted to alert motorists of the temporary closure and detour route in place. Motorists are reminded to use caution when traveling in the area. Staff contact: Stephanie Yates, Public Affairs F. Clear the Shelters — The Linda McNatt Animal Care and Adoption Center participated in the annual Clear the Shelters event on Saturday,August 17. Clear the Shelters is an annual, nationwide event sponsored by NBC/Telemundo to promote animal adoptions and all traditional adoption fees are waived for the day. More than 1,200 people participated in the event that led the adoption of 98 dogs, cats and guinea pigs. In addition to the Clear the Shelters event, Denton Animal Support Foundation hosted their quarterly Texas Coalition for Animal Protection low cost vaccination clinic that brought in 250 visitors and administered 146 pet vaccinations. Animal Services would like to give a special thank you to all staff, shelter volunteers, Denton Animal Support Foundation, City of Denton Parks and Recreation, City of Denton Police Department, DTV and City of Denton Public Affairs department for their wonderful support to ensure this event was a success. Staff contact: Randi Weinberg, Animal Services G. City Hall West—On August 19, Council Member Meltzer asked if alternative lease or sale arrangements could be explored for City Hall West that would allow use in the facility while also preserving the exterior and historical aspects of the building. This request will be included in the City Hall West work session that is currently scheduled for October 22. Staff contact: Sara Hensley, City Manager's Office H. Greenwood Drive— Council Members Armintor and Briggs requested information on behalf of a citizen to improve safety at the intersection of Greenwood and Cherrywood Drive. The intersection of Greenwood Drive at Cherrywood Lane has been reviewed by the Capital Projects Department. Capital Projects' recommendation is to install stop bars, edge lines, and centerlines. The recommended striping will help drivers be aware of the curvature at this intersection. Staff anticipates completing the installation of those recommendations by the end of September 2019. If the issue continues, staff will consider additional mitigation measures including LED stop signs. Staff contacts: Pritam Deshmkh,/Brian Jahn, Capital Projects I. Duck Pond— On June 11, Council Member Armintor and Council Member Briggs shared the concerns of some residents regarding the ducks inhabiting the drainage channel south of the intersection of Hinkle and Headlee Street. Capital Projects staff met with the residents and Council Members Armintor and Briggs on August 14, 2019. Staff explained that the drainage channel would be left in its original condition when construction is complete, meaning the duck pond will remain. All parties were appreciative and appeared satisfied. Staff contact: Todd Estes, Capital Projects J. Lamplighter Drive Safety — On July 12, City staff received a safety complaint of water on Lamplighter drive. Staff investigated the issue and determined,through lab testing that the water in question is ground water originating from a French drain. The French drain exits through the curb and flows down the gutter line to the first inlet. Staff pulled the neighborhood plats and field verified the grade of the gutter is 42 The group will meet weekly over the course of the 100 days to staff cases and develop housing plans and identify wrap-around service needs for each Veteran including employment, health care, mental health care and substance use service needs. City staff will continue to collaborate with the group to strategize and promote the challenge to community members and local landlords. Participating organizations include: Christian Community Action, the Denton Affordable Housing Corporation, the Denton County Veterans Coalition, the Denton County Veteran Service Office Veteran Community Navigator program, the Denton Housing Authority, Giving Hope Inc., Humanitaria Corporation, Interfaith Ministries, The Junction of Denton County,Metrocrest Services,Recovery Resource Council,the Salvation Army, the Texas Homeless Network, the United Way of Denton County, and Women Veterans of America. Staff contact: Courtney Cross,Community Services F. Media Inquiry on Water System Pressures — On March 17, City staff met with a reporter from the Denton Record Chronicle to provide information relating to system pressures and the general sequence of events as they relate to the February 17, 2021 issuance of a citywide boil water notice. This discussion followed an open records request and staff was happy to provide context and background information for the documents that were requested. Staff wanted to alert the Council to this discussion, particularly as the article may be published ahead of the planned March 23 report to the Council on events during the February winter storm. Staff contact: Ryan Adams, Customer Service and Public Affairs G. Interstate 35 and US 380 Interchangey Enhancements Update—The intersection of I-35 and US 380 was constructed over 30 years ago when traffic volumes on both roadways were substantially lower. As volumes have significantly increased on these roadways, the Texas Department of Transportation (TxDOT ) has identified the need for a substantial long-term solution to safely accommodate the increased traffic volume. This large-scale project is anticipated to be ready for construction between mid-2022 and early calendar year 2023. Given the timing of the long-term solution, City staff and TxDOT staff have decided to implement an interim solution to address immediate safety concerns. City staff completed the data collection analysis in early February 2021 for TxDOT to use as part of their evaluation of proposed interim solutions to address safety concerns at the interchange. This analysis provided the necessary information to determine what alternatives are feasible and how effective they will be in reducing the congestion in the study corridor. The City and TxDOT met on February 12 to review the proposed interim solutions prepared by TxDOT and agreed upon a workable solution, further described below, which will lead to the development of plans for the implementation, including public outreach, construction, scheduling and funding, of the selected improvements. On March 17, John Polster,a consultant for the City,presented the option agreed upon by TxDOT and the City of Denton at the Mobility Committee Meeting. This proposed interim solution includes: • Reversing the entrance ramp from Oak St. and the exit ramp to US 380, • Adding an additional left turn northbound at US 380, and • Adding an extension of the existing right turn lane to US 380 from the northbound I-35 frontage road. 43 TxDOT is currently evaluating the possible funding sources for the proposed interim solution while preparing a schedule. City staff will continue to coordinate with TxDOT for the execution of the proposed interim solution. For inquiries about planned and upcoming TxDOT construction projects,residents can contact to the Area Engineer, Tina Massey (tina.massey�rc,txdot.gov). Also, information about upcoming public hearings for TxDOT projects can be found online here: https://www.txdot.gov/inside-txdot/get-involved/about/hearings-meetin sg html. Staff contact: Rebecca Diviney, Capital Projects H. Vaccination Outreach at Events—During the March 16 City Council meeting, Council Member Armintor requested information on whether the Denton County Public Health Department would have a presence at large upcoming events for the purpose of promoting vaccination opportunities. Staff communicated this inquiry to DCPH who responded that while their staffmg is currently dedicated towards mass vaccination clinics, their health education and outreach team is working with community partners throughout the county to continue to share information digitally, via flyers/brochures in English/Spanish, and direct communication with specific community groups. Additionally, they would be more than happy to provide information resources to event organizers on request. Staff contact: Ryan Adams, Customer Service and Public Affairs L Legislative Advocacy Update—As the 87th Session of the Texas Legislature begins to hear bills in committee, and in addition to the general updated provided within this report, staff would like to update the update the Council on actions taken with regard to certain bills. The list below is not an exhaustive list of bills being monitored and analyzed, but select bills that are progressing toward adoption that staff has taken action on: • HB 2073 — This bill is in regards to paid quarantining of public safety employees if they are exposed to communicable diseases. While the City is continuing to evaluate and monitor this bill, our team has reached out to the bill author request it be amended to provide additional clarity on several vague provisions in the bill including the conditions would trigger paid quarantine leave, what official would determine when quarantining is warranted, and when the quarantine would end. • HB 652 — This bill would require animal shelters to provide a written, electronic, or telephonic notice to pet adopters of any epizootic infectious diseases among the animals in its facility within a specific time period. In addition to acting as an unfunded mandate for local governments, the bill has a number of other concerns: o It does not specify guidelines for when the requirements are triggered; o It does not distinguish between diseases that are easily communicated and not easily communicated between animals; o It may have the effect of increasing euthanasia within the state as notifications may drive down adoptions; and o Most important,the bill does not appear to apply to non-public shelters such as pet stores, breeders, and private organizations (which account for 75% of animal purchases/adoptions). This would create an inequitable burden on shelters like Denton's 44 PLAY SOUTHWEST PARK Virtual Community Meeting Denton Parks and Rec join us on Zoom Thursday, A . YOU R Opinion Matters qrn PROPOSED MASTER PLAN REVEAL City staff from the Parks and Recreation Department and consultants from Teague Nall and Perkins, Inc. will host the virtual meeting to provide residents an opportunity to view a summary of community and executive-level survey results and provide feedback on the proposed conceptual design and phase diagrams. Southwest Park is located at the corner of S. Bonnie Brae Street and Allred Road. To attend, email your name and phone number to parksnrec@cityofdenton.com for a Zoom link. For details on how to participate in a virtual community meeting, visit www.cityofdenton.com/virtualcommunitymeeting. Click to request the Zoom meeting link 45 Date: March 26, 2021 Report No. 2021-018 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: FY 2020-21 Denton Energy Center(DEC) YTD December 2020 Dashboard BACKGROUND: Attached is the 1"Quarter FY 2020-21 Dashboard for the Denton Energy Center. The dashboard is intended to give a snapshot of relevant DEC metrics. The dashboard highlights the following: • The Emission Chart displays the December engine runtime hours, starts, stops, monthly and annual emissions totals and limits. • DEC MWh Generation and Gross Revenue for FY 2020-21 through December 2020. o The DEC ran 18,252 MWh more in the 1"Quarter of FY 2020-21 compared to FY 2019-20. This resulted in $911,000 more in DEC Revenue. • A DEC financial summary showing 1 st Quarter FY 2019-20 Actuals, FY 2020-21 Budget, Ist Quarter Actuals as of December 2020 and the FY 2020-21 end of year projections. o The FY 2020-21 year-end projections are equal to the FY 2020-21 budget. • The Plant Monthly Run Hour Comparison Graph illustrates the monthly plant run times. • The Key Trends section explains variances in revenues and expenses. o Although running more hours in the I st Quarter, fuel cost was $199,200 lower. o The DEC Net Income was ($1.32)which is expected for the I st Quarter of the fiscal year. o The DEC Gross Margin was $3.6 Million which is $3.4 Million higher than budgeted due to higher DEC Revenue in October through December. (The Gross Margin=DEC Revenue—Fuel cost—Variable Operating &Maintenance cost.) Gross Margin represents the component of revenue available to pay fixed cost including debt. ATTACHMENT(S): Denton Energy Center(DEC) Dashboard STAFF CONTACTS: Antonio Puente, Jr Executive Manager of Utilities (940) 349-8487 antonio.puente(ae,cityofdenton.com Nick Vincent Assistant Director of Finance (940) 349-8063 nicholas.vincentkcityofdenton.com 46 - City of Denton, Texas (OFY DENTON FY 2020-21 Denton Energy Center YTD December 2020 Dashboard Emissions December 2020 Volatile Particulate Particulate Carbon Engine Nitrogen Carbon Organic Matter<10 Matter<2.5 Sulphur Dioxide Runtime Hot Warm Cold Oxides Monoxide Compound microns microns Dioxide Ammonia Equivalents Description (hours)* Starts Starts Starts Stops Description (NOx) (CO) (VOC) (PMlo) (PMZ,$) (SO2) (NH3) (COZe) DEC Monthly Emissions Total(tons) 1.70 1.63 1.07 0.61 0.61 0.01 0.10 3,597.00 Engines(1-12) DEC Annual Permit Limit Operations(tons)** 29.78 93.52 48.16 69.72 69.72 1.45 60.90 Monthly Plant Emissions per DEC Permit Limit 5.70% 1.75% 2.22% 0.88% 0.88% 0.90% 0.16% Annual to Date Plant Emissions per DEC Permit Limit 63.90% 19.40% 30.10% 14.90% 14.90% 13.90% 3.40% *Over the past 12 months,the DEC engines ran 14%of the time. During the month of December,the DEC engines ran 8%of the time. **Operations Annual Limit accounts for Balance of Plant standard emissions Generation&Gross Revenues Plant Monthly Run Hour Comparison Month Revenue MWh $/MWh 3.000 2,558 Oct-20 $2,739,241 31,581 $86.74 2'500 1,969 2,257 Nov-20 $1,037,719 14,117 $73.51 "' zO°D � 1,489 Dec-20 $457,097 7,225 $63.27 3 1,500 - 5 JA4 l,090 9S0 Total FY 2020-21 $4,234,057 52,923 $80.00 +,000 U27 - - 749 759 670 FY 2019-20 FY 2020-21 FY 2020-21 FY 2020-21 Soo 217 279 ACTUALS* BUDGET YTD PROJECTION DEC REVENUE* $ 3.32 $ 24.55 $ 4.23 $ 24.55 EXPENDITURE SUMMARY Energy Expense-Fuel $ 0.87 $ 10.35 $ 0.59 $ 10.35 Operating Month Personnel Services 0.44 1.79 0.46 1.79 Materials&Supplies 0.05 1.72 0.02 1.72 Key Trends Maintenance&Repair 0.00 0.56 0.01 0.56 Insurance 0.00 1.11 0.01 1.11 For the first 3 months of FY 2020-21,the DEC produced 18,252 MWh more than the same period of FY 2019-20. Operations 0.06 0.33 0.08 0.33 This resulted in approximately$911,000 more in revenues and$199,200less in total expenses than the same time Debt Service-Principal 1.82 7.85 1.92 7.85 in the previous fiscal year. Debt Service-Interest 2.50 9.43 2.40 9.43 The DEC Gross Margin as of December 31 was$3.6 Million which is$3.4 Million higher than budgeted. (Gross Interfund Transfers 0.01 0.24 0.06 0.24 Margin=DEC Revenue-Fuel Cost-Variable Operating&Maintenance Cost). Transfer to Capital Projects - 0.02 - 0.02 DEC EXPENDITURES $ 5.75 $ 33.40 $ 5.55 $ 33.40 At this point in the fiscal year,FY 2020-21 year-end projections are equal to the FY 2020-21 budget. DEC NET INCOME $ (2.43) $ (8.85) $ (1.32) $ (8.85) *Preliminary,Unaudited Figures 47 Note: All dollar figures presented are in millions of dollars. 3/26/2021 2021 Council Request Launchpad-Smartsheet.com FY 20/ 21 Council Requests Open Requests Requests Answered by Department FY All Time Request Volume by 20/21 Council Person Paul Meltzer Deb Armintor Community Svcs John Ryan Environmental Svcs Jesse Davis Public Works Mayor Gerard Hudspeth Utilities Birdia Johnson CMO Connie Baker Library Legal I -- 0 1 2 3 4 5 Fire Police Tech Services •' Airport Requests made by Quarter Public Affairs/Customer Svc Economic Development zoo 159 152 Development Svcs Finance � 100 0 0 Audit Loh.— —..MMA 0 Municipal Court Paul Meltzer• Deb Armintor• John Ryan Q1 20/21 Q2 20/21 Q3 20/21 04 20/21 Procurement Real Estate • Jesse Davis • Mayor Gerard Hudspeth Risk Birdia Johnson • Connie Baker Other 0 50 100 150 200 Total Open Elected Official Some requests involve multiple departments,causing the Requests total requests by department to add up higher than the Submit New total request count 12 Request 48 https://app.smartsheet.com/b/publish?EQBCT=bad5edOda18740a595153ae72b67c37O 1/1 Policy and Worksession Requests smartsheet Lem![i Z I LTA M M-Ta;M=.=- - Summary of equest Staff Assigned Department Comments Council Member Armintor 02/04/21 I'd like a staff report on what Texas cities can do to put caps on campaign spending and fundraising Sarah Kuechler City Manager's Office This request will be presented during the April 6 Pending Council for city election campaigns,including a list of which Texas cities have caps and what their caps are. Request work session The dollar amount fundraised and spent in local elections has been increasing exponentially in recent years,and this has become a matter of public interest and concern.At the very least,Council and the public should know more about what other Texas cities have done in this area and what our options are so that we can decide whether or not we want to enact campaign financing caps for Denton city elections as well. Mayor Pro Tem Davis 03/10/21 Western end of Windsor,at the 1-35 frontage road.When will the temporary asphalt extension of the Becky Diviney Public Works Information will be provided in a future Friday Report 2 west-bound lane be replaced with a permanent road surface with curb-and-gutter?The current surface is very poor,and is basically right on grade. 3 Council Member Meltzer 03/12/21 Can staff comment on follow up comments about the Hinkle Roundabout? Becky Diviney Public Works Information will be provided in the March 26 Friday Report Mayor Pro Tem Davis 03/14/21 Thank you for the Hinkle Roundabout update in the Friday report. Is staff aware of the guy wire in Becky Diviney Public Works-CIP Information will be provided in the March 26 Friday Report 4 the middle of the new sidewalk?(photo attached)Can we get drawings of the approved final sidewalk configuration?Lastly,isn't this developer also required to plant street trees in this area? 5 Council Member Meltzer 03/17/21 Can staff provide information about the electricity situation in Summit Oaks neighborhood? Antonio Puente DME Information will be provided in a future Friday Report 6 Council Member Meltzer 03/19/21 Can staff follow up on some construction Good Sam is saying was left undone on Hinkle. Becky Diviney Public Works Information will be provided in the March 26 Friday Report 7 Council Member Armintor 03/19/21 Can staff assess a potential safety hazard/ADA violation on the sidewalk in front of Sweetwater? Becky Diviney Public Works Information will be provided in the March 26 Friday Report 8 Council Member Baker 03/21/21 Can staff follow up on some construction Good Sam is saying was left undone on Hinkle. Becky Diviney Public Works Information will be provided in the March 26 Friday Report 9 Council Member Meltzer 03/21/21 Can you please clarify what reversing the exit ramps means? Becky Diviney Public Works Information will be provided in the March 26 Friday Report Council Member Armintor 03/21/21 I'm writing to request a followup in next week's Friday report on how the Avondale organic test pilot Gary Packan Public Works-Parks Information will be provided in the March 26 Friday Report 10 is going,and what the metrics for success and failure are for that test pilot,along with an update on the Denia organic test pilot 11 Council Member Armintor 03/21/21 Can staff follow up with TxDOT and the Resident about signage on Oak and 1-35? Rachel Wood Public Works-Traffic Information will be provided in a future Friday Report 12 Council Member Ryan 03/23/21 Can staff provide follow up information about a potential City contractor performing work without Antonio Puente Wastewater Water Information will be provided in a future Friday Report notifying a resident? Exported on March 26,2021 3:14:59 PM CDT 49 Page 1 of 1 March 2021 EMISSION 1 2 3 4 5 6 Cancelled-9:00 am-COE 2:00 p m - C C Work 11:30 am-Traffic Safety 8:30 am-DEDC Se ssio n Coimrussion 6:30 pm - CC Regular Cancelled-2:30 pm 12:00pm-Public ArtCommittee Luncheon Council Session Agenda Committee Luncheon—Joint DISD 5:00pm-P&Z 7 8 9 10 11 12 13 9:00am—PUB No Council Meeting Cancelled-11:00 am—EDPB 12:30 pm-Community Dev Adv 3:00pm Parks,Rec,Beau 1:00 pro-AAB Comm Cancelled-2:30pm Agenda Committee 3:30 pm-Library Board 14 15 16 17 18 19 20 3:00 pm-H C 2:00 p m - CC Work 9:00 am-Ivbbility Conuikee 9:00 am-Conumurity Dev Adv Session Ivbeting 9:00am-Community Partnership Comm 6:3 0 pm - CC Regular Cancelled-12:00 pm-DCRC Committee 12:00 pm-Ikamn Svcs Adv Se ssio n 5:00pm-P&Z Comm pm 3:00 pm-CoPwD 3:00 pm-Audit/Finance 21 22 23 24 25 26 27 9:00 am-PUB Cancelled-10:00 am—CAC 10:00 am-Board ofEthics 12:00 pm-TIRZNo.1 11:30am—PLIBJCC joint meeting Civil Service Comm Cancelled-2:30 pm 3:30pm 3:00 pm - 4th Tuesday Agenda Committee Se ssion Animal Shelter Advisory 2pm 28 29 30 31 Cancelled-3:00pm -ZBA o Council Meeting Cancelled-DCRC 12:30pm Cancelled-2:30 pm Agenda Committee 50 April 2021 1 2 3 Cancelled-8:30 am-DEDC 4 5 6 7 8 9 10 9:00 am-COE 2:00 pin - CC Work 3:30 pm-Library Board 11:30 am -Council Session Luncheon 6:30 pm - CC Regular 3:00p.m.-HLC Session 11 12 13 14 15 16 17 9:00am-PUB 2:OO pin -2ndTuesday 11:00am-EDPB 9:00am-ComaRmityavAdv Se ssion 12:30 pm-DCRC Comm 5:30 pm-AAB 12:00 pm-1lrunan Svcs Adv Comm 18 19 20 21 22 23 24 11:30 am-Traffic Safety 2:00 pm - CC Work 9:00am- NbbilikyCommittee 9:00-CorrnumityPartnership 1:00pmAudit/Finance Commission Se ssion feting Committee 6:30 pm - CC Regular 12:30 pin-DCRC Se ssion 5:OO pin-P&Z 25 26 27 28 29 30 9:00 am-PUB 10:00 am-CAC 12:00 pm-DCRC 10:00am-Board ofEthics 3:00pm-ZBA 2:00 pm -4th Tuesday Se ssion 51 May 2021 1 2 3 4 5 6 7 8 9:00am-COE 2:00 pm - CC Work 5:00 pro-P&Z 8:30am-DEDC Se ssion 12:00 pm-Bond Committee 6:30 pm - CC Regular 11:30 am -Council Session Lun c he on 10:00 am-Connmmity Engagement 9 10 11 12 13 14 15 9:00am-PUB 2:00 pm -2nd Tuesday 11:00am-EDPB 3:30p.m.-library Board Se ssion 5:30 pm-AAB 16 17 18 19 20 21 22 11:30 am-Traffic Safety 2:00 p m - CC Work 9:00 am-Ivbbility Committee 3:00 pm-CoPwD 9:00 am-Commvmity Dev Adv Comaussion Se ssion Nbeting Comm 6:3 0 p m - CC Regular 12:00 pm-Human Svcs Adv Se ssion Comm 23 24 25 26 27 28 29 9:00 am-PUB 10:00 am-CAC 12:00 pm-TIRZNo.1 10:00am-Board ofEthics 1:00pm Audit/Finance 2:00 pm - 4th Tuesday Se ssion 30 31 Memorial Day Holiday 52 Cityof Denton City Hall 215 E. McKinney St. Denton,Texas 76201 www.cityofdenton.com DENTON Meeting Agenda City Council Monday,April 5, 2021 12:00 PM Council Work Session Room SPECIAL CALLED MEETING WORK SESSION BEGINS AT 12:00 P.M.IN THE COUNCIL WORK SESSION ROOM CITY COUNCIL WILL CONVENE IN A CLOSED MEETING IMMEDIATELY FOLLOWING THE WORK SESSION IN THE COUNCIL WORK SESSION ROOM Note: Mayor Gerard Hudspeth, Mayor Pro Tem Jesse Davis and Council Members Birdia Johnson, Connie Baker, John Ryan, Deb Armintor and Paul Meltzer will be participating in the work session and closed meeting via video/teleconference. After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Monday, April 5, 2021, at 12:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street,Denton, Texas at which the following items will be considered: WORK SESSION 1. Work Session Reports A. ID 21-431 Receive a report, hold a discussion, and give staff direction regarding the proposed design, construction budget and timeline, and construction method for the 909 N. Loop 288 facility and a general project update. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific item(s) when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code,as amended,or as otherwise allowed by law. 1. Closed Meeting: -- PLACEHOLDER IN THE EVENT A CLOSED MEETING IS NEEDED; OTHERWISE, WILL BE DELETED. — Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the Texas Government Code (the `Public Power Exception'). The City Council reserves the right to adjourn into a Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings Act,including,without limitation Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE Page I Printed on 312612021 53 City Council Meeting Agenda April 5,2021 I certify that the above notice of meeting was posted on the official website (https://www.cityofdenton.com/en-us/govern uent/open/agendas-minutes) and bulletin board at City Hall, 215 E. McKinney Street, Denton, Texas, on April 2, 2021, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code. CITY SECRETARY NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED, IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED. Page 2 Printed on 312612021 54 Cityof Denton City Hall 215 E. McKinney St. Denton,Texas 76201 www.cityofdenton.com DENTON Meeting Agenda City Council Monday,April 5, 2021 11:00 AM Council Work Session Room JOINT MEETING WITH THE PUBLIC UTILITIES BOARD Note: Mayor Gerard Hudspeth, Mayor Pro Tem Jesse Davis and Council Members Birdia Johnson, Connie Baker, John Ryan, Deb Armintor and Paul Meltzer will be participating in the work session via video/teleconference. Further, the Public Utilities Board Members will be participating via video/teleconference which will be duly noted within their respective agenda After determining that a quorum is present, the Joint Meeting of the City Council of the City of Denton and the Public Utilities Board will be held on Monday, April 5, 2021, at 11:00 a.m. in the Council Work Session Room at City Hall,215 E.McKinney Street,Denton,Texas at which the following items will be considered: WORK SESSION 1. Work Session Reports A. ID 21-621 Receive a report, hold a discussion, and give staff direction regarding processes, impacts, and results of service delivery during the February 2021 inclement weather event by the following department: 1. Water/Wastewater Utilities The City Council and Public Utilities Board reserve the right to adjourn into a Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings Act, including, without limitation Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the official website (https://www.cityofdenton.com/en-us/government/open/agendas-minutes) and bulletin board at City Hall, 215 E. McKinney Street, Denton, Texas, on April 2, 2021, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code. CITY SECRETARY NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED, IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED. Page 1 Printed on 312412021 55 City Council Meeting Agenda April 5,2021 Page 2 Printed on 312412021 56 Cityof Denton City Hall 215 E. McKinney St. Denton,Texas 76201 www.cityofdenton.com DENTON Meeting Agenda City Council Tuesday,April 6,2021 2:00 PM Council Work Session Room WORK SESSION BEGINS AT 2:00 P.M.IN THE COUNCIL WORK SESSION ROOM REGULAR MEETING BEGINS AT 6:30 P.M.IN THE COUNCIL WORK SESSION ROOM Note: Mayor Gerard Hudspeth, Mayor Pro Tem Jesse Davis and Council Members Birdia Johnson, Connie Baker, John Ryan, Deb Armintor and Paul Meltzer will be participating in the work session, closed meeting, and regular meeting via video/teleconference. REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL Due to COVID-19 precautions, members of the public will not be able to attend the April 6, 2021, City Council meeting in-person. To accommodate and receive input on agenda items, citizens will be able to participate in one of the following ways (NOTE: Other than public hearings, citizens are only able to comment one time per agenda item; citizens cannot use both methods to comment on a single agenda item. Public comments are not held for work session reports.): • Virtual White Card — On April 2, the agenda was posted online at www.cityofdenton.com/publicmeetings. Once the agenda is posted, a link to the Virtual White Card, an online form, will be made available under the main heading on the webpage. Within this form, citizens may indicate support or opposition and submit a brief comment about a specific agenda item. Comments may be submitted up until the start of the meeting, at which time, the Virtual White Card form will be closed. Similar to when a citizen submits a white card to indicate their position on the item, these comment forms will be sent directly to City Council members and recorded by the City Secretary. City Council Members review comments received in advance of the meeting and take that public input into consideration prior to voting on an agenda item. The Mayor will announce the number of Comment Cards submitted in support or opposition to an item during the public comment period. Comments will not be read during the meeting. The City Secretary will reflect the number of comments submitted in favor/opposition to an item, the registrant's name, address, and (summary of) comments within the Minutes of the Meeting, as applicable. OR • By phone — Citizens wishing to speak over the phone during this Council meeting, may call (940) 349-7800 beginning 30 minutes prior to the meeting start time. Comments by phone will be accepted until the item is opened for discussion by the Council. When the call is initially received, a staff member will receive the caller's information and either: 1) offer to call the citizen back when it is time for them to speak, or 2) record the caller's information, support or opposition, and comment. If the caller chooses to record their support or opposition, rather than speaking during the meeting, the Mayor will announce the number of comments submitted in support or opposition to the item. If the caller wishes to receive a call back, the voice of each caller will be broadcast into the meeting during the public commenting time of their desired agenda item. Individuals will be able to comment once per agenda item,no matter the method. Page I Printed on 312612021 57 City Council Meeting Agenda April 6,2021 • At regular meetings only, citizens can speak on any topic that is not on the agenda (Open Microphone). Alert the call taker if you wish to speak under the Open Microphone category. If you would like to give a public report, see the information below. After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, April 6, 2021, at 2:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street,Denton, Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on any item listed on the Consent Agenda prior to its consideration. Each speaker will be given a total of three (3) minutes to address any item(s). Any person who wishes to address the City Council regarding these items may do so by utilizing the "By Phone" registration process as referenced under the REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL detailed at the beginning of this agenda. Registration is required prior to the time the City Council considers this item. Registrants may call in and remain on hold or receive a call back at the time the Work Session is called to Order and are encouraged to ensure they remain accessible to accept the call. 2. Requests for clarification of agenda items listed on this agenda. 3. Work Session Reports A. ID 20-2553 Receive a report, hold a discussion, and give staff direction regarding and internal audit of Municipal Court payments. B. ID 20-2554 Receive a report, hold a discussion, and give staff direction regarding and internal audit of the utility payment assistance program. C. ID 20-2320 Receive a report, hold a discussion, and give staff direction regarding the naming applications for parks and trails as submitted by residents, local developers and the Parks and Recreation Department. D. ID 21-553 Receive a report, hold a discussion, and give staff direction regarding the Southwest Park Master Plan for the City of Denton park system. E. ID 21-207 Receive a report, hold a discussion, and give staff direction on the certified agenda process for closed meetings. F. ID 21-550 Receive a report, hold a discussion, and give staff direction regarding processes, impacts, and results of service delivery during the February 2021 inclement weather event by the following department: 1. Public Works: Fleet G. ID 21-189 Receive a report, hold a discussion, and give staff direction on pending City Council requests for: Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific item(s) when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code,as amended, or as otherwise allowed by law. Page 2 Printed on 312612021 58 City Council Meeting Agenda April 6,2021 1. Closed Meeting: -- PLACEHOLDER IN THE EVENT A CLOSED MEETING IS NEEDED; OTHERWISE, WILL BE DELETED. -- Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the Texas Government Code (the `Public Power Exception'). The City Council reserves the right to adjourn into a Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings Act,including,without limitation Sections 551.071-551.086 of the Texas Open Meetings Act. NOTE: Any item for which a formal action at the Regular Meeting has been taken by Council may be subject to a request for a motion for reconsideration at any time during the meeting, at the Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting will be placed on the agenda and considered at the next official meeting of the City Council. REGULAR MEETING OF THE CITY OF DENTON CITY COUNCIL AT 6:30 P.M. IN THE COUNCIL WORK SESSION ROOM AT CITY HALL, 215 E. MCKINNEY STREET, DENTON, TEXAS AT WHICH THE FOLLOWING ITEMS WILL BE CONSIDERED: 1. PLEDGE OF ALLEGIANCE A. U.S.Flag B. Texas Flag "Honor the Texas Flag—I pledge allegiance to thee,Texas,one state under God,one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS 3. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Reports from members of the public shall be received through the following two (2) methods. A total of up to seven (7) speakers are permitted to provide public comment and may include any combination of prior registration and open microphone speakers. 1) Pre-registration. This section of the agenda permits any person who has registered in advance to make a citizen report regarding a public business item he or she wishes to be considered by the City Council. Each speaker is allowed a maximum of four (4) minutes to present their report. At the conclusion of each report, the City Council may pose questions to the speaker or may engage in discussion. If the City Council believes that a speaker's report requires a more detailed review, the City Council will give the City Manager or City Staff direction to place the item on a future work session or regular meeting agenda and advise staff as to the background materials to be desired at such meeting. 2) Open Microphone. This section of the agenda permits any person who has not registered in advance for a citizen report to make comments about public business items not listed on the agenda. Such person(s) shall have registered using the "Virtual White Card" or `By Phone" process outlined by the City on its website or meeting notice. Page 3 Printed on 312612021 59 City Council Meeting Agenda April 6,2021 During open microphone reports under this section of the agenda, the Council may listen to citizens speak. However, because notice of the subject of the open microphone report has not been provided to the public in advance, the Texas Open Meetings Act limits any deliberation or decision by the Council to: a proposal to place the item on a future agenda; a statement of factual information; or a recitation of existing policy. Council Members may not ask the open microphone speakers questions or discuss the items presented during open microphone reports. NOTE: If audio/visual aids during presentations to Council are needed, they must be submitted to the City Secretary 24 hours prior to the meeting. 4. CONSENT AGENDA Each of these items is recommended by Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A — O). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, the Consent Agenda Items will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. ID 21-608 Consider approval of the minutes of March 16, March 23, 2021 (Joint Meeting with Public Utilities Board), and March 23,2021. B. ID 21-580 Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $100,000,000 in principal amount of "City of Denton General Obligation Refunding Bonds"; authorizing the issuance of the Bonds; delegating the authority to certain City officials to execute certain documents relating to the sale of the Bonds; approving and authorizing instruments and procedures relating to said Bonds; enacting other provisions relating to the subject; and providing an effective date. C. ID 21-595 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of the second amendment to a contract between the City of Denton and Mega Promotions, Inc., amending the contract approved by City Council on June 5, 2018, for food and beverage concession services for the Parks and Recreation Department; said second amendment to extend the term of the contract to January 5, 2022; and providing an effective date (RFP 6650- extending a contract with Mega Promotions,Inc.,to January 5,2022). D. ID 21-596 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Stryker Sales, LLC, through its Medical Division, f/k/a Stryker Sales Corporation, for the purchase of ProCare maintenance and repair services for Stryker medical equipment for the Fire Department, which is the sole provider of these services, in accordance with Texas Local Government Code 252.022, which provides that procurement of commodities and services that are available from one source are exempt from competitive Page q Printed on 312612021 60 City Council Meeting Agenda April 6,2021 bidding, and if over $50,000 shall be awarded by the governing body; and providing an effective date (File 7501 - awarded to Stryker Sales, LLC, through its Medical Division, f/k/a Stryker Sales Corporation, in the five (5) year not-to-exceed amount of $1,000,000.00). E. ID 21-597 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with John D. Sims, dba Industrial Contamination Extraction Service Inc. (ICES), for fuel island equipment repair and annual maintenance services for the Fleet Services Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 7502 - awarded to John D. Sims, dba Industrial Contamination Extraction Service Inc. (ICES), for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five(5)year not-to-exceed amount of$105,000.00). F. ID 21-598 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Amigos Library Services for Courier Services for the Library; providing for the expenditure of funds therefor; and providing an effective date (RFP 7612- awarded to Amigos Library Services, for one (1) year, with the option for two (2) additional one (1) year extensions,in the total three(3)year not-to-exceed amount of$111,505.00). G. ID 21-599 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with DBT Transportation Services LLC, for Airport tower equipment upgrades; providing for the expenditure of funds therefor; and providing an effective date (RFP 7627- awarded to DBT Transportation Services LLC, in the not-to-exceed amount of$188,205.00). H. ID 21-600 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to utilize a contract through an interlocal agreement with the City of Midlothian, for the purchase of Emergency Medical Services (EMS) medical supplies for the City of Denton Fire Department, as awarded by City of Midlothian contract number 2020-28; providing for the expenditure of funds therefor; and providing an effective date (File 7650- awarded to Bound Tree Medical, LLC and Life-Assist Incorporated for a term ending on February 10, 2026, in the not-to-exceed amount of$2,100,000.00). I. ID 21-520 Consider adoption of an ordinance of the City of Denton authorizing the Interim City Manager to execute a Park Development Agreement between the City of Denton and Bloomfield Homes LP, for the dedication of park land at the Glenwood Meadows Development; authorizing acceptance of land; and providing an effective date. J. ID 21-529 Consider adoption of an ordinance of the City of Denton authorizing the Interim City Manager to execute a Landscape Maintenance Agreement with the Texas department of transportation for the purpose of providing all required maintenance of certain landscape and irrigation improvements located within the right of way of FM2499 from FM2181 to IH 35E (the "agreement"); authorizing the Interim City Manager, or her designee, to perform all obligations of the City under the agreement, including the expenditure of funds; and providing an effective date. Page 5 Printed on 312612021 61 City Council Meeting Agenda April 6,2021 K. ID 21-610 Consider adoption of an ordinance of the City of Denton authorizing the Interim City Manager to execute an Advance Funding Agreement with the Texas Department of Transportation for the purpose of landscaping development within the right of way of FM2499 from FM2181 to IH35E authorizing the Interim City Manager, or her designee, to perform all obligations of the City under the agreement, including the expenditure of funds; and providing an effective date. L. ID 21-594 Consider adoption of an ordinance of the City of Denton releasing, abandoning, and vacating (i) a 0.031 acre public utility easement granted to the City of Denton by Bell Commercial, Ltd., recorded as Instrument No. 2006-19681 in the Real Property Records of Denton County, Texas and (ii) a 0.017 acre public utility easement granted to the City of Denton by Demab Corporation, recorded as Instrument No. 2007-36481 in the Real Property Records of Denton County, Texas; providing for severability and an effective date. (Sonic & Murphy Oil Addition, Utility Easement abandonments - Mark Laird) M. ID 21-602 Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Interim City Manager, or her designee, to approve a HIPAA Business Associate Agreement with XFERALL LLC, to provide a mobile application that serves to automate the patient transfer process between the Denton Police Department Mental Health Division Crisis Intervention Response Team and behavioral health facilities; and providing an effective date. N. ID 21-603 Consider approval of a resolution of the City of Denton authorizing and approving execution by the City Manager of a Memorandum of Understanding with Denton County Friends of the Family (DCFOF) to collaborate and make an application to the Office on Violence Against Women (OVW) for a grant from the OVW Improving Criminal Justice Responses to Domestic Violence, Dating Violence, Sexual Assault, and Stalking Grant Program (OVW Grant); ratifying all prior actions taken by the City Manager in furtherance of the foregoing application; and providing an effective date. O. ID 21-611 Consider approval of a resolution of the City of Denton providing the March 19, 2021 meeting absence by Human Services Advisory Committee Member Nathaniel Johnson be excused; and declaring an effective date. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 21-318 Consider adoption of an ordinance of the City of Denton, Texas amending the Fiscal Year 2020-2021 Budget and Annual Program of Services for the City of Denton to allow for adjustments to the Risk Fund of (XXXX); declaring a municipal purpose; providing a severability clause;providing an open meetings clause; and providing for an effective date. B. ID 21-588 Consider adoption of an ordinance directing the publication of Notice of Intention to issue $23,410,000 in principal amount of Certificates of Obligation of the City of Denton for General Government and Solid Waste projects; and providing for an effective date. C. ID 21-592 Consider adoption of an ordinance directing the publication of Notice of Intention to issue $93,140,000 in principal amount of Certificates of Obligation of the City of Denton for Page 6 Printed on 3/26/2021 62 City Council Meeting Agenda April 6,2021 Waterworks and Wastewater System and Electric System projects; and providing for an effective date. D. ID 21-497 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to enter into a development agreement between the City of Denton and Allegiance Hillview, LP, for the dedication of park land and construction of park improvements at a neighborhood park at the Rayzor Ranch east development; authorizing acceptance of land and improvements; and providing an effective date. E. ID 21-229 Consider adoption of an ordinance of the City of Denton approving a joint election agreement and contract with Denton County for joint election services for the Regular Municipal Election being held on May 1, 2021 for the purpose of electing council members to Districts 1, 2, 3, and 4, and for a Runoff Election, if necessary, at a total estimated cost of$60,587.45;and providing an effective date. F. ID 21-630 Consider nominations/appointments to the Sustainability Framework Advisory Committee. G. ID 21-548 Consider nominations/appointments to the City's Boards, Commissions, and Committees: Airport Advisory Board, Animal Shelter Advisory Committee, Board of Ethics, Committee on Persons with Disabilities, Community Development Advisory Committee, Denton Police Department Chief of Police Advisory Board, Health & Building Standards Commission, Historic Landmark Commission, Human Services Advisory Committee, Library Board, Parks, Recreation & Beautification Board, Planning & Zoning Commission, Public Art Committee, Public Utilities Board, Traffic Safety Commission, and Zoning Board of Adjustment. 6. PUBLIC HEARINGS A. Z20-0012c Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding an amendment to the Rayzor Ranch Overlay District to amend the concept and zoning map exhibits and amend development standards and design criteria for development within the eastern portion of the Rayzor Ranch South Campus - South Mixed Use District, being approximately 90.54 acres generally located on the south side of West University Drive/US 380, east of Heritage Trail, and west of Bonnie Brae Street in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability and establishing an effective date. The Planning and Zoning Commission voted [7-0] to approve the request. (Z20-0012, Rayzor Ranch East Overlay Amendments,Hayley Zagurski). 7. CONCLUDING ITEMS Page 7 Printed on 312612021 63 City Council Meeting Agenda April 6,2021 A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics,above posted. CERTIFICATE I certify that the above notice of meeting was posted on the official website (https://www.cityofdenton.com/en-us/government/open/agendas-minutes) and bulletin board at City Hall, 215 E. McKinney Street, Denton, Texas, on April 2, 2021, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code. CITY SECRETARY NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED, IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED. Page 8 Printed on 312612021 64 FUTURE WORK SESSION ITEMS MATRIX As of March 26, 2021 Meeting Date Currently Slated Work Session Items 30- March 2021 No Meeting(5th Tuesday) 5-April 2021 Inclement Weather Update: [Joint meeting w/PUB Water/Wastewater 11:00 a.m.to 12:00 p.m.] 21-621 Follow-Up- Loop 288 Building 5-April 2021 Agreement/ MOU [Luncheon @ 12:00 p.m.] 21-431 Internal Audit- Utility Payment Southwest Park Master Plan Review Assistance Program 6-April 2021 21-553 20-2554 [Regular] Inclement Weather Update: Public Certified Agenda Process for Closed Municipal Court Payments Audit Works: Fleet Meetings Policy for Naming of Parks 20-2553 Council Requests 21-550 21-207 20-2320 21-189 13-April 2021 [Special] City Hall West Hartlee Field Development 4% Housing Tax Credit Mid-Year DEDP Update Council Requests TBD 21-383 21-499 21-384 21-190 Qualifying Expenses for Tax Exemption Funding Recommendations from 20-April[Regular Mosquito Abatement of Historic Sites CDAC& HSAC LED Streetlighting Council Requests [Regular] TBD 21-442 21-500 TBD 21-191 27-April 2021 Bowling Green Parks &Villages of Update on ETJ Items Carmel Master Plans Hinkle Round About Council Requests [Special] TBD TBD 21-617 21-192 3- May 2021 [Luncheon] 4- May 2021 [Regular]121-109 Runoff Elelction Locations Council Request 21-280 21-434 11- May 2021COVID Update Denton Trails Update Canvass General Election & Reception Council Request [Special] 21-635 21-555 TBD 21-435 Parkland Dedication & Development 18- May 202] Ordinance Construction Code Review Westgate Frame Street Council Request [Regular] TBD 21-616 21-615 21-436 25- May 2021 Leak Adjustment Ordinance Council Request [Special] 21-557 21-437 1-June 2021 No meeting- Day after Memorial Day Holiday sip 7-June 2021 [Luncheon] Joint Meeting with City/DHA TBD 8-June 2021 1FY 2021-22 Proposed Budget, CIP & 5- [Special] Year Financial Forecast Delegated Authority Council Request 21-451 TBD 21-560 15-June 2021 2FY 2021-22 Proposed Budget, CIP & 5- [Regular] Year Financial Forecast Community Services- HSAC and CDAC Council Request 21-452 TBD 21-561 22-June 2021 3FY 2021-22 Proposed Budget, CIP & 5- [Special] Year Financial Forecast Council Request 21-453 21-562 29-June 2021 No meeting-5th Tuesday Tree Ordinance Review 20-21 Utilities Budget and Rates August 2021 DME Solar Programs 20-2261 M Legislative Update Redistricting Update Stormwater Master : m 21-080 LED Lighting and Birds session June/July 2021 20-1661 N � a) B&C Handbook(Including Attendance •0 4-+ Dev. Districts Policy Manual Policy) Canopy Trails Vf (AQ TBD 21-271 TBD Fund Balance Policy(General Fund, Internal Audit- Building Permits Mobility Plan Internal Service Fund, Utilities) L TBD TBD 20-2394 O Internal Audit-Water Production & Distribution Economic Development Programs and Catalyst Fund Discussion (Included in TBD Policy Discussions Budget discussions) TPID update 65 Street Closure Report IMPROVING "TM Upcoming Closures F)FNT(CIN OF DENTON Week of March 29,2021 -April 4,2021 Street/Intersection From To Closure Closure Description Department Upcoming Public Other uepartme Start Date End Date Info/Notes Meeting Communication Contact Georgetown Water Distribution will be Amherst Dr Dr Malone St 04/15/21 04/26/21 installing new water main and Water NextDoor,Door hangers (940)349-7128 water services. Water Distribution will be Email Notification,Direct Bell Ave at Mckinney St 07/28/21 09/25/21 installing a new water main line Water business contact,N/A (940)349-7278 and services. Water Distribution will be Email Notification,Direct Bell Ave at Mingo Rd 07/13/21 07/27/21 installing a new water main line Water business contact,N/A (940)349-7278 and services. Water Distribution will be Email Notification,Direct Bell Ave Withers St Mingo Rd 05/29/21 07/12/21 installing a new water main line Water business contact,N/A (940)349-7278 and services. Water Distribution will be Email Notification,Direct Bell Ave Texas St Withers St 05/05/21 05/27/21 installing a new water main line Water business contact,N/A (940)349-7278 and services. Sidewalk Repair.starts with Chimney Rock San Felipe Memorial 04/19/21 05/21/21 Barricading the failed sections Streets N/A (940)349-7146 of Sidewalk,remove,and install new concrete Wastewater collections will be N Wood St Mckinney St Davis St 04/05/21 05/17/21 installing a new wastewater Waste Water NextDoor,Door Hangers (940)349-8909 main line and services. Concrete Street Panel and Thorough Sidewalk Repair starts with Salon Ct bred Cut v Sac 04/05/21 04/30/21 Barricading the failed sections Streets N/A (940)349-7146 of pavement,remove and install new concrete. Concrete Sidewalk Repair.The Chimney process starts with Barricading San Felipe Rock Kirby 04/12/21 04/23/21 the failed sections of concrete Streets N/A (940)349-7146 Sidewalk,remove,and install new concrete Concrete Street Panel and Sidewalk Repair.The process Thorough Bred Thackery at 04/26/21 05/21/21 starts with Barricading the failed Streets N/A (940)349-7146 Intersection sections of concrete pavement, remove the pavement,and install new concrete. Total 10 Upcoming Closures 66 Street Closure Report IMPROVING cn F Current Closures DFNI DENTON Week of March 29,2021 -April 4,2021 Street/Intersection To Closure Closure Description Department Upcoming Public Other l3epartment Start Date End Date Info/Notes Meeting Communication Contact Administratio Water Distribution will be Email Notification,Direct Bell Ave Chapel Dr n Dr 02/22/21 04/07/21 installing a new water main line Water business contact,N/A (940)349-7128 and services. Various traffic shifts will be required at the intersection of Engineering, NextDoor,Email Bell Ave McKinney Hickory 02/01/21 04/30/21 Bell and Oak(between Drainage,Public Notification,Direct (940)349-8425 Street Street McKinney and Hickory)in order Works business contact to cross Bell with a new Inspections drainage line on Oak Street. Administratio Water Distribution will be Email Notification,Direct Bell Ave n Dr Texas St 04/08/21 05/04/21 installing a new water main line Water business contact,N/A (940)349-7278 and services. North South Water Main Phase Engineering, Temporary Flagging in Bonnie Brae IH 35E Scripture 06/15/20 07/30/21 3 Water all lanes for pipe Direct business contact (940)349-8938 delivery. Curb and Gutter Repair.The process starts with Barricading Carmel St Hobson El Paseo 03/08/21 05/07/21 the failed sections of,Curb and Streets N/A (940)349-7146 Gutter remove and install curb and gutter.Weather delays. Spencer San Jacinto DCTA replacing grade crossing Denton County Colorado Blvd Road Blvd 03/28/21 03/28/21 tubs Transportation Message Boards(3/22) (940)268-7285 Authority Spencer San Jacinto DCTA replacing grade crossing Denton County Colorado Blvd Road Blvd 03/28/21 03/28/21 tubs Transportation Message Boards(3/22) (940)268-7285 Authority Raintree Riverchase Wastewater Collections will be Creekdale Dr Way Trl 12/09/20 04/02/21 installing a new wastewater Waste Water N/A (940)349-8909 main and services. Water Distribution will be Crescent Fulton Colt 03/01/21 04/08/21 installing anew water mainline Water NextDoor,N/A,Other (940)349-7128 and services. Concrete Street Panel and Sidewalk Repair.The process Drexel Purdue Hofstra 03/01/21 04/09/21 starts with Barricading the failed Streets N/A (940)349-7146 sections of concrete pavement, remove the pavement,and install new concrete. Elm Hickory Prairie 05/11/20 04/30/21 PEC 4 Utility Project Engineering Direct business contact (940)349-8938 Current Closures 67 Street/Intersection From To Closure Closure Description wADepartment Upcoming Public Other Department Start Date End Date Info/Notes Meeting Communication Contact Concrete Street Panel and Sidewalk Repair.The process Friesian Morgan Cul v Sac 03/01/21 04/09/21 starts with Barricading the failed Streets N/A (940)349-7146 sections of concrete pavement, remove the pavement,and install new concrete. Concrete Sidewalk Repair.The process starts with Barricading Fulton Congress Panhandle 03/29/21 04/23/21 the failed sections of concrete Streets N/A (940)349-7146 Sidewalk,remove,and install new concrete Construction is set to begin on 3-23-21:Construction West Hickory Street between N. work in the North lane of Welch Street and Carroll Blvd in W.Hickory between October of 2020 and continue Atmos,Streets, Welch and Bernard is through September of 2021. nearing completion. Email Notification,Direct Hickory Street Welch Carroll 08/31/20 09/04/21 Detailed lane closure Drainage,Water, Lane shutdown will shift business contact (940)349 8425 information is forthcoming Waste Water to North lane of W. pending approval of the Hickory between contractor's phasing and traffic Bernard and Carroll control plans. week of 3/29/21 McKinney-Mayhill Intersection This project is widening the intersection and 600'each way Mckinney duchess Glengarry 02/01/21 07/30/21 to match existing conditions Engineering NextDoor (940)349-7526 along McKinney.Also includes water,wastewater,and drainage improvements. The Downtown Storm Sewer Project will upgrade the storm drainage in the downtown Engineering, corridor along the West side of Drainage,Traffic, NextDoor,Email McKinney Railroad Ave Bell Ave 02/01/21 04/24/21 the UPRR tracks between Notification,Direct (940)349-8425 McKinney and Hickory.The Public Works business contact contractor will trench across Inspections Hickory in 3 phases to place storm sewer. Adding drainage line to Oak Engineering, NextDoor,Email Oak Street Bell Street UPRR Railroad 02/01/21 04/30/21 Street as part of the Downtown Works Drainage,Public Notification,Direct (940)349-8425 Storm Sewer Project. Inspections business contact Old Bonnie Brae Roselawn Vintage 02/08/21 04/16/21 Bonnie Brae Phase 2 will be Engineering NextDoor,Direct (940)349-8938 repaving Old Bonnie Brae business contact Current Closures 68 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department Start Date End Date MA Info/Notes Meeting Communication Contact Wastewater Collections will be Riverchase Trl Stoneway Dr Waterside PI 12/09/20 04/02/21 installing a new wastewater Waste Water N/A (940)349-8909 main and services. Reconstruct;Scripture from Bonnie Brae to approximately 1,300 ft.to the west.This includes removal and replacement of failed sections of curb and gutter.Milling of the old asphalt pavement and the Scripture Bonnie Brae 1,300 ft.to 03/22/21 06/25/21 stabilization of subgrade and Streets Direct business contact (940)349-7146 the West the installation of new asphalt pavement. Phase I East Bound Outside Lane Phase 11 West Bound Outside Lane Phase III Middle Lane Concrete Sidewalk Repair.The process starts with Barricading Sun Ray Cat Tail Red Bud 03/29/21 04/23/21 the failed sections of concrete Streets N/A (940)349-7146 Sidewalk,remove,and install new concrete Wastewater collections will be Uland Railroad Rose 02/11/21 04/16/21 installing a new wastewater Waste Water NextDoor,N/A,Other (940)349-8909 main line and services. Public Works Western Blvd Airport Rd Jim Chrystal 12/21/20 03/31/21 Westpark Warehouse Phase 2 Inspections, Direct business contact (940)205-9230 Private Development Branch 08/24/20 08/16/21 Install utilities and road En NextDoor,Email Windsor Hanover Crossing reconstruction Engineering Notification (940)349-7426 Total 24 Current Closures 69 Street Closure Report IMPROVI �F Completed Closures F)F:'NlrlrocrN' �� i PDENTON Week of March 29 2021 -A ril 4 2021 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department Start Date End Date ' Info/Notes Meeting Communication i Contact Water Distribution will be Email Notification,Direct Bell St University Dr Chapel Dr 12/14/20 02/12/21 installing anew water mainline Water business contact,N/A (940)349-7278 and services. Contractor for Vista Verde will be installing water improvements along the back of curb on the South side of Colorado Blvd. Public Works Valley Creek Greenspoint Inspections, NextDoor,Email Colorado Blvd Rd Circle 03/01/21 03/06/21 This is not a full road closure private Notification (940)268-9842 This is a single lane closure. Development See attached approved TCP. This be a minimal closure and should take one week max according to the contractor. UPDATE:Due to inclement weather,work has been delayed till the 22nd of February. Contractor for Vista Verde (Private Development)will be performing a bore and installing a water tap. Public Works Colorado Blvd Valley Creek San Jacinto 02/22/21 03/08/21 Inspections, NextDoor,Other (940)231-9036 Rd Blvd This will be a lane closure not a Private full closure. Development See attached plan sheets for TTC. The TTC contains 2 phases. Phase one(Outside lanes,East and West)is set to last 3 days. Phase two(inside lanes,East and West)is set to last 4 days. Installing Valley Gutter across Cordell at the intersection at of Hillcrest. The process starts Cordell Hillcrest Intersection 03/01/21 03/19/21 with barricading then remove Streets N/A (940)349-7146 pavement and subgrade and install new concrete Valley Gutter. Completed Closures 70 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department Start Date End Date Info/Notes Meeting Communication Contact Cresent Coit Caroll 03/01/21 03/05/21 Repair spelling on bridge deck. Streets N/A (940)349-7146 Water Distribution will be Fannin St Welch St Bernard St 12/21/20 02/26/21 installing a new water main line Water N/A (940)349-7278 and services. Infrastructure Safety Upgrades Ft.Worth Dr.(US 377) IH 35E FM1830 10/17/19 03/12/21 &New Sewer Main Install TxDOT (940)349-8938 (temporary closures) Widening of Hickory Creek road from Teasley to FM 2499 with Hickory CreeK Road Teasely FM 2499 10/06/20 02/16/21 an acceleration lane being Engineering NextDoor,Email (940)349-7426 constructed on FM 2499. Notification Project also included drainage upgrades. Laying new waterline to the weather is delaying Highland Park Bonnie Brae Jasmine 01/25/21 03/10/21 along Highland Park towards Engineering testing of the new line in NextDoor (940)268-8946 Bonnie Brae. Highland Park. Concrete Street Panel and Sidewalk Repair.The process March Rail Cat Tail Heron Pond 01/11/21 03/05/21 starts with Barricading the failed Streets N/A (940)349-7146 sections of concrete pavement, remove the pavement,and install new concrete. Completed Closures 71 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department Start Date End Date Info/Notes Meeting Communication Contact Phase one should last two weeks.02-05-2021 thru 02-19- 2021 Contractor will be constructing the drive way approaches and will be moving traffic to the West side of Mayhill per Public Works attached plan Inspections, NextDoor,Email . Mayhill Morse MKinney St 02/05/21 03/12/21 Private Notification,Social 940-205-8278 media Phase 2 should last one week Development 02-19-2021 thru 02-26-2021 Contractor will be constructing the drive way approaches and will be moving traffic to the North Side of McKinney St per attached plan. Street Reconstruction Remove and replace curb and Mistywood Lane Woodhaven Jamestown 10/01/20 03/26/21 gutter as needed. Streets N/A (940)349-7146 Remove old asphalt and stabilize subgrade. Install asphalt pavement. Weather delays. Prairie Elm Pierce 06/01/20 03/26/21 PEC 4 Utilities Engineering NextDoor,Direct (940)349-8938 business contact Storm drain improvements,as Prairie St. Locust St. Elm St. 03/23/20 03/26/21 part of Pec-4 Ph 1&2 Engineering Direct business contact (940)349-8938 Project. Street closed to thru traffic. Wastewater Collections will be Precision Dr Airport Rd 1500'north 01/20/21 02/10/21 installing a new wastewater Wastewater main and services. Concrete Street Panel and Sidewalk Repair.The process Purdue Drexel Syracuse 01/11/21 02/26/21 starts with Barricading the failed Streets N/A (940)349-7146 sections of concrete pavement, remove the pavement,and install new concrete. Completed Closures 72 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department Start Date End Date im Info/Notes Meeting Communication Contact Update:Due to multiple rain events and below freezing temps,all concrete placement has been delayed.Therefore delaying the contractors drainage improvements and Public Works Ryan Rd Roxbury St FM 2181 01/04/21 03/19/21 road reconstruction.They plan Inspections, NextDoor,Email (940)268-9842 to be complete by 03-19-2021. Private Notification Development Contractor will be demoing the existing drainage and roadway and then installing drainage improvements across Ryan RD at the Hunter's Creek area. Need road closure to load crane onto jobsite.Weather could be Private Scripture Lovell Malone 03/20/21 03/27/21 an issue so the closure is Development NextDoor (940)391-2956 extended just in case they need more time. Waste Water, Pushed back a final two Greystar will be placing their Public Works weeks for patching of Spencer Road Bridges St. Mayhill Road 12/07/20 02/19/21 sanitary line along Spencer Rd Inspections, Spencer Road.Should Email Notification (940)391-6299 for the Elan Denton project. Private be finished before the Development 19th Total 18 Completed Closures 73