Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
040221 Friday Staff Report
„ City Manager's Office ,F 215 E. McKinney St., Denton, TX 76201 • (940) 349-8307 DENTON MEMORANDUM DATE: April 2, 2021 TO: The Honorable Mayor Hudspeth and Council Members FROM: Sara Hensley, Interim City Manager SUBJECT: Staff Report I. Council Schedule A. Meetings 1. Committee on the Environment Meeting on Monday, April 5, 2021 at 9:00 a.m. via video/teleconference—City Council Work Session Room. 2. Joint Meeting with the Public Utilities Board & City Council on Monday, April 5, 2021 at 11:00 a.m. via video/teleconference — City Council Work Session Room. 3. Special Called Work Session of the City Council on Monday, April 5, 2021 at 12:00 p.m.via video/teleconference—City Council Work Session Room. 4. Cancelled - Historic Landmark Commission on Monday, April 5, 2021 at 3:00 p.m. in the City Council Work Session Room. 5. Work Session of the City Council on Tuesday, April 6, 2021 at 3:00 p.m. followed by a Regular Meeting at 6:30 p.m. via video/teleconference — City Council Work Session Room. 6. Cancelled - Agenda. Committee Meeting Wednesday, April 7, 2021 at 2:30 p.m. in the City Manager's Conference Room. 7. Work Session of the Planning and Zoning Commission on Wednesday, April 7, 2021 at 5:00 p.m. followed by a Regular Meeting at 6:30 p.m. via video/teleconference—City Council Work Session Room. 8. Airport Advisory Board on Thursday, April 8, 2021 at 1:30 p.m. via video/teleconference—City Council Work Session Room. II. General Information & Status Update A. Pending Council Requests Work Session Topics — Pursuant to Ordinance No. 19- 2026, the following items will be discussed during the March 23 City Council work OUR CORE VALUES Integrity • Fiscal Responsibility • Transparency 0 Outstanding Customer Service session.Each week,the topics included on the next week's agenda will be in the Friday Report. Staff contact: Stuart Birdseye, City Manager's Office 1. Research and Informal Staff Report on Limits for Campaign Spending and Fundraising for City Election Campaigns in Texas. a. Requestor: Council Member Armintor b. Council Member Request. "I'd like a staff report on what Texas cities can do to put caps on campaign spending and fundraising for city election campaigns, including a list of which Texas cities have caps and what their caps are. 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." c. Stafflnformation: Staff estimates that it would take approximately 8-10 hours to produce an informal staff report to research other Texas cities and to adequately research (including statutes, case law, and Attorney General Opinions) regarding the question of whether Denton can legislate restrictions on campaign spending and fundraising. 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. A letter addressed from the Municipal Judge (attached) was submitted in opposition to HB 1177. Support and opposition cards were submitted in reference to: • SB 778—a support card was submitted regarding this bill that would require the review by local governmental entities of certain sales and use tax audit reports and audit working papers; • HB 754—an opposition card was submitted regarding this bill that would prevent cities from requiring a landlord of a multi-family complex to obtain a rental license to rent a dwelling or from charging a landlord a fee for a change of the landlord's address. It also would cap total annual fees a city may charge for inspections of multi-family complexes depending on the number of dwelling units; • HB 872—a support card was submitted regarding this bill that would make certain utility customer information confidential by default, rather than by exception. 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. Electric and Natural Gas Legislation in Response to Winter Storm Uri— Senate Bill 3 (Schwertner)is the current lead bill being considered by the Legislature on addressing numerous problems identified during the Winter Storm. SB 3,as amended,was passed by the full Senate on March 29 and is referred to the House. House Bill 11 (Paddie, Hernandez, Allison) was passed by the full House on March 30 and is much less comprehensive than SB 3. The major provisions of SB 3 (relating to preparing for, 2 preventing,and responding to weather emergencies and power outages, increasing the amount of administrative any civil penalties) are as follows: • Establishes a Power Outage Alert system through the Texas Division of Emergency Management in coordination with TXDOT, PUCT and the Governor's office. The system will alert Texans of impending power outages when power supply is not sufficient to meet demand. • Establishes the Texas Energy Reliability Council to foster communication and planning to ensure preparedness for making available and delivering energy and electricity in Texas to ensure that high priority human needs are met and critical infrastructure needs are addressed. • Develops an energy supply chain map to identify natural gas and electric generation assets and to identify critical infrastructure during extreme weather events and requires weatherization of natural gas and electric generating assets identified on the supply chain map. The bill also provides the authority to assess fines of up to $1,000,000 per event. • Requires each utility to provide periodic notice to "Critical Care Residential Customers" on how to register with their provider on their critical care status and that the utility provide notifications on how involuntary load shed evets will be implemented, the types of customers who may be considered critical care residential customers or critical loads and the procedures for a customer to be considered such critical load customers. The bill does not provide any requirement requiring utilities to exempt such critical load customers from their involuntary load shed practices. • Establishes requirements for utilities to identify customers that could be voluntarily interrupted and the magnitude of such load (MWs) that could be interrupted in the event voluntary load reduction is requested. Requires each utility to provide the list of voluntary load reduction customers to the PUCT and ERCOT. • Provides that ERCOT may deny requests for generation outages for planned maintenance activities during the winter and summer peak demand periods. • Requires retail electric providers, including municipals, to procure necessary Ancillary Services needed to manage the variability across peak demand periods due the potential intermittency of renewable resources. • Establishes new authority for the PUCT to adopt rules on how involuntary load shed events will be implemented including prioritization of critical load types for power restoration. Also requires all utilities to provide a list of critical loads to ERCOT. • Requires all distributed generation,with the exception of residential distributed generation, to register with ERCOT. • Requires the Railroad Commission to establish measures that natural gas pipeline operators to maintain service quality and reliability during extreme weather events. • Requires the PUCT and ERCOT to establish new, lower price caps for involuntary load shed events lasting more than 12 hours and stipulates that the lower price cap shall be based upon the actual costs of generation at the time of the emergency in the wholesale electric market. Also mandates that the cap on ancillary services may not exceed 150% of the lower price cap. • Requires water service providers to suspend collection activities during weather events where the temperature is forecasted to remain below 32 degrees Fahrenheit for a 24-hour period and when the National Weather Service has 3 issued a heat advisory after a previous heat advisory had been issued within the last 48 hours. Also requires the utility to work with customers to establish a pay schedule after the end of any weather emergency events. DME will continue to monitor the status of bills before the legislature dealing with the electric market and will provide additional updates as appropriate. Staff contact: Terry Naulty, DME D. Eviction Moratorium Extended—A federal eviction moratorium issued by the Centers for Disease Control (CDC) has been extended until June 30, 2021. Under this Order, a landlord cannot evict for nonpayment of rent any covered person from any residential property in any U.S. state or U.S. territory where the Order applies. Evictions may still occur for other reasons. To utilize the CDC eviction moratorium protection,a renter must provide a completed and signed copy of Residential Declaration Form to their landlord, owner of the residential property where they live, or other person who has a right to have them evicted or removed from where they live. For more information about the CDC Eviction Moratorium and how to utilize this protection, visit the Department of Housing and Urban Development's (HUD) website by accessing the following link: https://www.hud.gov/program_offices/public_indian housin /cg ovid_19 resources. The United Way of Denton County (UWDC) collaborated with local nonprofits to create a centralized portal for Denton County households impacted by COVID-19 seeking financial assistance with past due or future rent payments. Tenants and Landlords can complete a screening form on UWDC's website and they will be connected with a local nonprofit whose services best meet their needs. Staff contact: Courtney Cross, Community Services E. Council Priorities Online — During the February 23 City Council meeting, the City Council approved a resolution to formally adopt the FY 20-21 Council Priorities and additional items to be included in the FY 20-21 and FY 21-22 departmental work plans. Staff developed work plans (attached) for these items, and developed the page www.cityofdenton.com/councilpriorities on the City's website. The page is intended to update Council and the general public on progress toward priorities, and will be updated quarterly with links to items accomplished throughout the year. Staff contact: Stuart Birdseye, City Manager's Office F. Customers Interrupted After Removing Auto-Draft Following Winter Storm — Customer Service is aware of a handful of customers who have traditionally been on self-scheduled autopayments and have recently been interrupted. This is not,however, a malfunction of the system. After reports of Griddy customers receiving bills in the thousands of dollars, it was common for social media users to urge people to turn off their auto-draft before the City could potentially draft exorbitant February bills. The City released several messages assuring customers that their rates were unchanged,but some customers still elected to turn off automated payments and, in a handful of cases, the February bill went unpaid. While staff is unable to speak on any specific customer, this could be due to a customer not having an online account to receive email alerts and/or not 4 accustomed to expecting a mailed bill. Each of these customers received the same standard late payment notices(letter and phone call)that any other customer receives. A very small number of customers reinstated their self-scheduled auto-draft, but the missed payment for the February bill was not paid. Customers self-schedule and manage their auto-draft and this means the City has no knowledge of the payment until it is received. Staff are aware of a single incident where the payment was drafted the same day the interruption was scheduled. Due to timing, the payment posted after the interruptions for the day were screened and released. Power was restored as quickly as possible after payment notification was received. Customer Service receives approximately 9,000 transactions as set up by customers as one-time or recurring payments. Based on the payments received to date, around 250 customers may have disabled their draft since Winter Storm Uri. Identifying accounts that may have reached interruption due to non-payment for this reason is difficult,but Customer Service estimates about 20 total customers city-wide to date. Any resident with a question about their bill, or who believes they have not received their bill, should contact Customer Service at (940) 349-8700. Bill copies are additionally available through the online bill payment portal. Staff appreciates the Council's help in communicating our availability to customers who express concerns to them. Staff contact: Christa Foster, Customer Service G. Comprehensive Solid Waste Management Strategy Online Survey pdate—The City of Denton's Comprehensive Solid Waste Management Strategy Online Survey closed on February 28. Approximately 900 residents chose to provide online comments and input regarding solid waste management and recycling trends and opportunities. Almost 90 of these individuals expressed an interest in participating in future Focus Groups. Much of the month of March has been spent correlating online survey feedback in anticipation of the upcoming Focus Group tasks. Focus Groups are scheduled to take place online the evenings of April 8, 15, and 29, 2021 from 6:00 p.m. to 8:00 p.m. Potential participants have been sent"save the date" notice. Participants will use online technology to participate in small group discussions,group polling,and feedback to help define and describe micro-trends,key drivers, and visualization into the future of solid waste management in the City of Denton and the region. This information will serve as a springboard for council and committee consideration, discussion, and direction later in the summer. Staff contact: Brian Boerner, Solid Waste H. Neighborhood Empowerment Program. —City staff recently met to discuss reinstating the Neighborhood Empowerment Program (NEP) that was suspended due to the ongoing COVID-19 pandemic. The NEP is comprised of two grants awarded to neighborhood associations. The Neighborhood Matching Grant provides up to $10,000 in reimbursable funds for projects completed by neighborhood organizations to make physical improvements, create public safety initiative, or create cultural, educational, and recreational programs enhancing their community. The Neighborhood Micro Grant is a tool to assist neighborhood groups in hosting meetings or events that will create new associations or increase membership in existing organizations. 5 On April 1,the application period for the Neighborhood Matching Grant program was opened and will be accepted through the end of the fiscal year. The City will open the Neighborhood Micro Grant at a later date when gatherings and other COVID-19 related restrictions are fully lifted. Grant information can be found at www.cityofdenton.com/ rag nts and CommunityDevelopmentkcityofdenton.com. The Grants Management Office is also working with Development Services and Community Services to review the current ordinance giving authority to the program. Staff will explore updating the administrative process as well as expanding eligibility for the grants making funds more easily accessible to the community. Staff contact: Daniel Jones, Grants Management Office I. Sound System Installation at Animal Services — As part of the ongoing efforts to enhance animal enrichment for the pets being housed at the Linda McNatt Animal Care and Adoption Center, Animal Services installed a state of the art sound system. Denton Animal Support Foundation (DASF) generously donated funds to support the installation of the sound system. This sound system will play soothing music throughout the day in every animal holding room for the pets to enjoy. Staff contact: Randi Weinberg, Animal Services J. City of Denton Landfill Expansion Permit—Commissioners of the Texas Commission on Environmental Quality referred the consideration of the application for Landfill Expansion to the State Office of Administrative Hearings (SOAH) for a Contested Case Hearing. A "Contested Case Hearing" is essentially an administrative trial wherein "affected parties" have the opportunity to present evidence, in their opinion, as to why the City's permit application does not comply with state regulations and/or is not protective of health and the environment. The City will defend the allegations. The SOAH Judge will produce a "Proposal For Decision (PFD)," which will be considered by the TCEQ Commissioners. The Commissioners can accept, reject, or modify the PFD. A preliminary hearing will be held on May 18,2021 at 9:00 a.m.via Zoom to establish jurisdiction, name parties, establish a procedural schedule for the remainder of the proceeding, and address other matters as determined by the Judge. The evidentiary hearing phase of the proceeding will occur at a later date. In anticipation of this and future hearings, the City of Denton and its consultants are reviewing its application and preparing expert testimony in defense of issues raised by approximately 16 residents identified as affected parties by state commissioners. Staff anticipate the completion of the contested case hearing and consideration of the permit by the TCEQ by mid-2022. Staff contact: Brian Boerner, Solid Waste K. Denton Municipal Electric (DME) Recognized for Reliable Electric Service to the Community — Denton Municipal Electric has received national recognition for the third year in a row for achieving exceptional electric reliability in 2020. The recognition comes from the American Public Power Association (APPA), a trade group that represents more than 2,000 not-for-profit, community-owned electric utilities. The Association helps electric utilities track power outage and restoration data through its subscription-based eReliability Tracker service and then compares the data to national statistics tracked by the U.S. Energy Information Administration for all types of electric utilities. This award is an addition to APPA's Reliable Public 6 Power Provider (RP3) Platinum designation that DME received last week, which recognizes public power utilities that demonstrate proficiency in four key disciplines: reliability, safety, workforce development, and system improvement. Nationwide,the average public power customer experiences electric outages less than half the amount of time that customers of other types of utilities do. "Public power utilities have proven their commitment to serving their community by continuing to lead the nation in reliability," said Alex Hofmann, APPA's Vice President of Technical and Operations Services. "These utilities are the best of the best when it comes to keeping the lights on in their communities." To put DME's performance into perspective—not including significant events—its annual average outage time is 54 minutes, while the average for all U.S. electric utilities is 139 minutes. Another performance indicator is the Average System Availability Index. This index tracks how long the system is available to people annually, and DME prides itself of having a 99.99% index rating. "We are proud to receive this recognition. It is a testament to the hard work of all our staff to ensure that we keep Denton powered," said Jerry Fielder, Engineering Division Manager at Denton Municipal Electric. For more information on the certificate, please visit the American Public Power Association website HERE or contact DME via email at dme(&cityofdenton.com. Staff contact: Bill Shepherd, DME ANNUAL AVERAGEi� *OUTAGE TIME DENI'ON 139 All U.S. electric minutes utilities' Recognizedfor .. - electric service in • DaTON 54 ELECIBIC minutes Recognized by oPubticPowerOrg Denton Municipal Electric ublicftwer PUBLIC Reliable PCOAIER Power When there are NO major Pvpnt L. 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 M. All-Way Crossings-Downtown Square Pedestrian Improvements Project — On March 16, the City Council approved a design contract with Kimley-Horn and Associates for the All-Way Crossings project to improve pedestrian safety on the Courthouse Square. The new design will install diagonal crossings to make traversing the Courthouse Square both safer and more efficient for pedestrians and people using 7 wheelchairs. Virtual community meetings to seek resident and business owner feedback are scheduled at 11 am and 6pm on Thursday, April 22, 2021. The meetings will provide background information on the project as well as present conceptual renderings of how the crossings will look and operate following construction. Staff will discuss next steps,answer questions,provide project-specific contact information, and ensure attendees understand what to expect over the next several months while the project is being designed. The following boards and committees will be invited to these meetings: • Downtown Economic Development Committee • Downtown TIRZ Board • City Council Staff will work with the City Secretary's Office to post notices of potential quorum at both meetings. Denton County, Downtown Main Street Association and other downtown stakeholders who have signed up to receive updates will receive invitations through the City's Customer Relationship Management software, and standard process for advertising community meetings will be followed in the hopes of reaching as many residents and business owners as possible. Staff contact: Robin Davis,Capital Projects N. Landfill Disposal Day— The City of Denton Department of Solid Waste and Recycling, in conjunction with Keep Denton Beautiful, as part of the Great American Cleanup sponsored its annual City of Denton Landfill Disposal Day last Saturday, March 27,from 7:00 a.m.to noon.The Landfill Disposal Day provided City of Denton residents with an opportunity to bring household trash, bulk waste, brush, and/or recycling to the landfill for disposal at no charge. Results from the 2021 event show that 203 Denton Residents brought 101,260 pounds (50.63 tons) of trash/waste to the landfill for disposal. Staff contact: Brian Boerner, Solid Waste O. Athletics Tournaments Economic Impact Update—During March, the Athletics team in Parks and Recreation hosted five separate events/tournaments. The main event was the postponed Texas Amateur Athletic Federation (TAAF) 2020 State Adult Flag Football Tournament. This tournament was initially scheduled for December 6-7, 2020 but was postponed due to COVID-19 concerns.The tournament games were held at the North Lakes Football Complex and the G. Roland Vela Sports Complex. Forty- seven teams attended the tournament. Teams came from various cities across the state, such as El Paso, McAllen, Houston, Austin, San Antonio, and the DFW region. Staff partnered with Discover Denton Convention&Visitor Bureau(CVB)to provide traveling teams with a host hotel. The Fairfield Inn& Suites reported that they had 33 rooms booked over the weekend of March 13-14. Other events included an adult softball tournament with 25 teams at North Lakes Softball Complex and three tennis tournaments with 443 participants at the Goldfield Tennis Center. Using a formula provided from Discover Denton for estimating economic impact, we estimate these events generated $296,175.00. Staff contact: Jason Barrow, Parks and Recreation s P. 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 III. Responses to Council Member Requests for Information A. GED Classes at MLK Jr. Rec Center— During the Council Priorities Work Session, Council Member Johnson requested additional training classes for residents and Council agreed to exploring more opportunities as a work plan item for staff. Staff is excited to share that the MLK Jr. Rec Center is collaborating with Goodwill Industries of Ft. Worth to offer virtual GED classes. A virtual information meeting is scheduled for Saturday, May 15 at 1 p.m. Everyone interested can email Cheylon.Brown@cityofdenton.com. Initially, the intent was to offer both virtual and in-person GED classes through Goodwill; however, Goodwill can only provide the program virtually at this time. Staff also reached out to Denton ISD and Denton Public Libraries to offer an on-site class. A GED class accompanied by an English as a Second Language (ESL) class on Monday and Wednesday evenings is in the planning stages. The course is year-round, and participants can enroll and receive financial assistance to take the GED test. Participants are assessed every 40 hours for readiness in a GED-like test. The desired start date is May 3, and staff is working to finalize the details. Participants in both the Goodwill and Denton ISD programs are encouraged to move into Career Pathways through Denton ISD and the Texas Workforce Commission, which assists the participant with job readiness and placement. Denton Public Library to Go has agreed to offer monthly assistance to prepare participants to use various programs to aid in their GED progress. Staff contact: Caroline Seward, Parks and Recreation B. West Oak Street and Interstate 35 Service Road Intersection—On March 21, Council Member Armintor forwarded a resident's inquiry about the possibility of upgrading the all-way stop for the intersection of West Oak Street and the Interstate 35 Service Road to a signalized intersection. Staff recently conducted a traffic count study at this intersection to determine current traffic volume and aid the discussion with TxDOT about the proposed Interstate 35 and US 380 interchange enchantments. The results of the study indicated that a signalized intersection was warranted. However, staff is anticipating the interim safety solutions for the I-35 and US 380 interchange will relieve some of the traffic at this intersection. To confirm this, staff will conduct a follow-up traffic count study once the enhancements are complete. TxDOT is currently evaluating the possible funding sources for the proposed interim solution while preparing a schedule. These interim solutions are in preparation of TxDOT's long-term solution to widen the highway to safely accommodate the increased traffic volume on I-35. This large-scale project is anticipated to be ready for construction in 2023. Staff contact: Becky Diviney, Capital Projects 9 IV. Upcoming Community Events and Meetings A. Bowling Green Park Master Plan Virtual Community Meeting on Thursday, April 8, 2021 at 6 p.m. via Zoom. Email parksnrec(&cityofdenton.com for link to meeting and see attached clickable flyer for information. B. Villages of Carmel Park Virtual Community Meeting on Thursday, April 8, 2021 at 7 p.m. via Zoom. Email parksnrec(cr�,cityofdenton.com for link to meeting and see attached clickable flyer for information. V. Attachments A. Legislative Action Letter......................................................................................11 B. Council Priority Attachment ................................................................................13 C. Priority Bill Status Report....................................................................................18 D. Bowling Green Park Virtual Community Meeting ..............................................23 E. Villages of Carmel Virtual Community Meeting.................................................24 VI. Informal Staff Reports A. 2021-019 Boards & Commissions Handbook Updates........................................25 VII. Council Information A. Council Requests for Information .......................................................................81 B. Council Calendar .................................................................................................83 C. Draft Agenda for April 13....................................................................................86 D. Future Work Session Items .................................................................................91 E. Street Construction Report ..................................................................................92 10 CI I Y Office of the Municipal Judge Or p g DENTON 215 E. McKinney St., Denton, TX 76201 • (940) 349-8140 March 30, 2021 The Honorable Jeff Leach House Committee on Judiciary and Civil Jurisprudence Texas House of Representatives P.O. Box 12068 Austin, Texas 78711 Dear Chairman Leach, The purpose of this letter is to inform you of the City of Denton's concern with certain elements of House Bill 1177 by Representative Crockett relating to court costs and fees to certain indigent defendants. Texas municipal courts adjudicate Class C Misdemeanor offenses including, among others, domestic violence, commercial motor vehicle safety regulations, minor driving under the influence, and restaurant food safety rules. The punishment for violating a Class C offense in Texas is some combination of a fine payment, community service, offense-specific class, mental health counseling, substance abuse counseling, and a probationary period of refraining from further violations. Our Municipal Judge in Denton often grants no-cost deferred disposition with other conditions tailored to the unique circumstances of the person appearing before the court. The current law provides Judges discretion to address the needs of the community and also offer protection from harmful disparate impact on the economically vulnerable. These solutions are offered to defendants as a substitute for monetary fines. If the defendant complies with the agreed conditions, the fines are waived, and the case is closed without a conviction being reported on their record. However, if the fines are eliminated by law as proposed by HB 1177, the Judge's discretion to reduce fines in lieu of helpful, rehabilitative programs is also eliminated along with any way to address the defendant's criminal behavior. Further, the proposed law's indigent waiver is predicated on a criminal conviction, causing many other collateral consequences for the individual. The proposed law effectively creates an income threshold for criminal responsibility. Below that threshold, the defendant would have no repercussions for committing a Class C violation. Concerning still is the possibility for an individual's criminal responsibly to vary over time or location. If a defendant receives a citation for threatening assault against their pregnant spouse and then the birth of the child allows the defendant to claim the Earned Income Tax Credit, the defendant could be exempt from criminal responsibility based on altered circumstances after the citation was issued. If one school district grants reduced school lunches OUR CORE VALUES Integrity• Fiscal Responsibility•Transparency•Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989 11 to every student, the parents of those students (no matter their income) would be exempt from paying any citations. The parents at the neighboring school district would not obtain such a benefit. A shrewd individual could obtain lifetime protection. Under the proposed law, if a person successfully filed a pauper's oath in a civil lawsuit 30 years ago, they are thereafter exempt from Class C costs even if the individual went on to become significantly wealthy. For these reasons, the City of Denton opposes HB 1177 as written. Denton appreciates the committee's focus on ensuring our citizens are protected from burdensome fines. However, we believe the best way to ensure a safe and healthy community is to allow our Municipal Court Judges to retain their discretion. Thank you for your leadership and for taking into consideration the City of Denton's position. Sincerely, d TylpKtkinson unicipal Judge Cc: Honorable Members of the House Committee on Judiciary and Civil Jurisprudence Honorable Members of the Denton County Delegation 12 Implement Economic Development Strategic Plan The Economic DevelognatoLaLrajagic Plan is meant to help focus economic development efforts to be more strategic and effective in responding to forthcoming changes in Denton.The plan's framework,including guiding principles and goals are detailed in the next section.Strategic recommendations and actions are organized around three goals:accelerate recovery,foster growth,and strengthen community inclusion.Finally,the plan addresses the issue of organizational capacity and resources needed to modernize Denton's economic development approach. Economic Development Strategic Plan Implementation Next Anticipated Time line Steps Council discussions regarding funding of the catalyst fund will be Spring 2021 through Summer 2021. held as part of the FY 21-22 budget discussions. Draft catalyst fund policy. Summer 2021 Research and drafting program parameters for the programs Ongoing-Likely to be presented to outlined in the Strategic Plan. City Council in Fall 2021 Continue with strategy implementation per implementation matrix. Ongoing Develop Loop 288 Building to Serve Individuals Experiencing Homelessness In Spring 2020,the City Council provided direction to staff to purchase a facility located at 909 N.Loop 288 for a co-located day center and overnight shelter to provide services to people experiencing homelessness or at-risk of experiencing homelessness.The City took ownership of the facility in August 2020-The City has entered into a professional services agreement with an architect for design services to renovate the facility and accommodate the proposed use and day-to-day operations. 909 N.Loop 288 Building Development Next Steps Anticipated Time line Present and receive direction from City Council on concept plan and rough budget/time line. April 2021 Finalize concept,issue architect amendment,begin construction documents,issue April 2021 construction RFP. Preconstruction gather stakeholder input,begin procurement process,develop 100% July 2021 Construction Documents,perform budget validation,develop final budget&schedule. Fall 2021- Construction of facility. Fall 2022 13 Undergo a Comprehensive Plan Update The City's Comprehensive Plan is the long-range plan for the City's growth,development,and redevelopment.Because it is based on local conditions and trends,it is intended to be updated periodically to coordinate the efforts of many different aspects of a community,such as land use,transportation,community facilities,and natural resources.The City will be undergoing an update to the Comp Plan in 2021 and has hired a consultant to assist in this effort. Comprehensive Plan Update Next Steps Anticipated Time line First Community Workshop March 2021 Second Community Workshop May 2021 Present Draft Updates during City Council Work Session Late Summer 2021 Develop a Comprehensive Solid Waste Management Strategy The purpose of a Comprehensive Solid Waste Management Strategy is to consider the external factors that impact recycling and diversion in north Texas,and evaluate opportunities to manage residential,multifamily,and commercial waste in a more environmentally and fiscally efficient manner. The City of Denton is undertaking the development of a comprehensive solid waste management strategy that will provide the vision and framework to guide future activities related to: • Landfill disposal reduction and/or elimination,zero waste philosophies,and waste material diversion • The promotion of ingenuity in reuse and recycling opportunities • The alignment of federal and state regulations with local solid waste reduction goals and practices • The composition of residential and commercial waste streams • The creation of a robust construction,building,and operational environments/markets that support solid waste reduction goals (innovation) • Other waste managemert activities assigned to local government Comprehensive Solid Waste Management Strategy Next Steps Anticipated Time line Develop a focus group of community stakeholders. March 2021 Hold focus group sessions. April 2021 Evaluate data and prepare draft of strategy. May 2021 Present draft report to City Council,Public Utilities Board,and Council Committee on the Summer Environment for consideration and feedback.Incorporate feedback where appropriate. 2021 Presentation of final strategy document. Fall 2021 14 Develop an Affordable Housing Strategy Throughout 2020,the City engaged with consultants to perform an Affordable Housing Assessment to analyze the state of affordable housing in Denton.A presentation was given to the Cily Council on February 2,2021 to present the findings,and included: • Project Overview • Key Findings • Affordable Housing Needs • Market Value Analysis • Looking Forward:Affordable Housing Tools Moving forward,staff will take the information that was learned in that assessment to develop a full Affordable Housing Strategy. Items from this strategy would potentially be considered by City Council as Supplemental Budget Requests during the FY21-22 budget cycle. Affordable Housing Strategy Next Steps Anticipated Time line Project kickoff(Amending contract with Affordable Housing Assessment April 2021 consultant) Stakeholder engagement Spring 2021 Private Market analysis Spring/Summer 2021 Priority Strategy and Tools are identified Summer 2021 Present draft plan to City Council July 2021 Complete Mobility Plan The Mobility Plan is a study and strategy to address citywide transportation,including vehicles,transit,bicycles,and pedestrians,for years to come.Multiple departments are contributing to this plan update with data collection and analysis,coordination of multiple public meetings,and development of the plan.Staff continues to collect data and public input,and anticipates presenting the information to the City Council in Summer 2021. Mobility Plan Next Steps Anticipated Time line Staff review of draft Mobility Plan,incorporate all comments received through Public Input sessions,coordinate plan with the Comprehensive Plan update and TxDOT/NCTCOG Ongoing proposed projects. Present draft Mobility Plan to City Council for feedback. Spring 2021 Summer Incorporate City Council feedback and adopt final Mobility Plan. 2021 15 Improve Capital Project Planning and Communication Capital Projects will continue to work on improvements by implementing project management software and alternative delivery methods to ensure that the City is receiving best pricing,consistent quality,and that the projects are completed on schedule.An interdepartmental team(Public Works,Tech Services,and Public Affairs)is also working diligently to implement a comprehensive, interactive CIP map to provide residents with additional details on the location and timing of both upcoming and projects that are currently under construction. Capital Project Planning and Communication Next Steps Anticipated Time line Staff is currently updating the project management manual which,once adopted will serve as the standard to ensure all City construction projects are delivered consistently with ..u^e-C=- standards for internal and external coordination and communication.The manual will also help facilitate the planning process. Implementing new Project Management software system,which will serve as a key tool for project planning,financial management,and project oversight.The current plan is to focus Fall 2021 on horizontal(utility/roadway/sidewalk)projects with the ultimate goal to have this system serve as an enterprise project management solution. Coordination between Capital Projects and Public Affairs staff to launch the Discuss Denton interactive feature to further engage residents on the status of major capital projects.To pilot this new feature,staff is currently preparing information for the Ryan Road Project.After the Spring 2021 pilot,this tool is intended to be used for major capital projects and will also serve as a companion to the new CIP map that is currently in development. Staff is also continuing to refine the quarterly CIP updates to City Council,the quality and type(s)of content included in the biannual Construction Guide,and finding new ways to Ongoing improve internal coordination&communication on projects through geographic and targeted meetings to facilitate cross-departmental dialog. 16 Develop Plan, Including Architectural Design,RFP Strategy,and Funding Options for City Hall West In July 2017,the City engaged the historical architectural firm,Architexas to assist with the proposed renovation of the 1927 City Hall known as City Hall West.The firm was charged with completing an assessment of the facility and to develop three preliminary conceptual designs with a cost analysis of each concept.The report produced detailed the building's current condition and originally presented these options for the scope of work.Video of consultant's recommendations can be found here. City Hall West sustained significant water damage during Winter Storm Uri.Freezing temperatures caused a fire sprinkler line to leak and flood the entire building.Staff is coordinating water damage remediation with both Risk Management and Safety. Since that time,the windows in the building have been replaced,but no other construction has occurred.Staff will develop a full plan to renovate the building for Council consideration. City Hall West Renovation Next Steps Anticipated Time line Advertise a formal request for Information(RFI)to identify interested parties and levels of Spring 2021 interest. Responses from the RFI will assist staff in identifying partners,proposed uses,funding Spring 2021 options,potential tax-incentive opportunities,grant opportunities,etc. Summer Present ideas and options to City Council. 2021 17 w a icon City of Denton Priority Bill Status Report 04-02-2021 - 09:29:46 - Action in the date range - Link to Related Information ( ) - Priority Referred to Commottee Reported from Committee Passed t st Chamber Referred to Comrnttee u rReported from Committee P rSbgr*d12'net Citherr�ber Critical/High Priority Q HB 11 Paddie, Chris(R) Relating to the extreme weather emergency preparedness of facilities for providing electric ® service. Bill History: 03-31-21 S Received in the Senate Q 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 Q 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 19 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 Q HB 652 Paul, Dennis(R) Relating to notice of an epizootic infectious disease occurring in an animal shelter. 18 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) 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, lared(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 872 Bernal, Diego(D) Relating to the confidentiality of certain government operated utility customer information. Companions: SB Menendez, Jose (Identical) 668 3-11-21 S Introduced and referred to committee on Senate Business and Commerce Bill History: 04-01-21 H Committee action pending House State 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 19 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 Lucio, Eddie (Identical) 1922 3-31-21 S Introduced and referred to committee on Senate State Affairs Bill History: 03-30-21 H Voted favorably from committee as substituted House Land and Resource Management 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 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: 04-01-21 H Voted favorably from committee on House State Affairs ( HB 2438 Meyer, Morgan(R) Relating to municipalities and counties that adopt budgets that defund law enforcement agencies. Bill History: 04-06-21 H Meeting set for 10:00 A.M., JHR 140 - House Ways and Means HB 2683 Canales, Terry(D) Relating to requirements for open meetings that are broadcast over the Internet or held by telephone conference or videoconference call. Companions: SB Zaffirini, Judith (Identical) 924 20 3-11-21 S Introduced and referred to committee on Senate Business and Commerce Bill History: 04-01-21 H Voted favorably from committee on House State Affairs ( HB 3069 Holland, Justin(R) Relating to statutes of limitation and repose for certain claims involving the construction or repair of an improvement to real property or equipment attached to real property. Bill History: 03-31-21 H Committee action pending House Judiciary and Civil Jurisprudence 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 SB 10 Bettencourt, Paul(R) Relating to the use by a county or municipality of public money for lobbying activities. Bili History: 04-06-21 S Meeting set for 11:00 A.M. OR 30 MINUTES ADJ., 2E.20 - Senate Local Government JP SB 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: 04-01-21 S Voted favorably from committee as substituted 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 4- 7-21 H Meeting set for 10:30 A.M. OR ADJ., E1.026, House Urban Affairs Bill History: 03-29-21 S Meeting set for 10:00 A.M., EXT AUDITORIUM - Senate Local Government 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 21 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 Herrero, Abel (Identical) 4032 3-29-21 H Introduced and referred to committee on House Ways and Means Bill History: 03-30-21 S Committee action pending Senate Finance SB 877 Hancock, Kelly(R) Relating to the inspection of municipal buildings during a declared disaster. Companions: HB Morrison, Geanie (Identical) 2548 4- 7-21 H Meeting set for 10:30 A.M. OR AD1, E1.026, House Urban Affairs Bill History: 03-30-21 S Voted favorably from committee as substituted Senate Business and Commerce Total Bills: 25 Copyright © 2021. Texas Legislative Service. All Rights Reserved. 22 • W, MASTER P A BOWLINrg" N PARK LVirtual Community Meeting Denton Parks and Rec join on Zoom • . April i at • p.m. • • YOUR Opinion -WWWW Matters PROPOSED MASTER FLAN REVEAL City staff from the Parks and Recreation Department and consultants from Pacheco Koch will host the virtual meeting to provide residents an opportunity to review proposed conceptual designs and provide feedback on planned renovations that may include an open-air covered pavilion, parking, benches, an ADA-accessible community garden, and trail expansion. The Village of Carmel Park Virtual Community Meeting will begin at 7 p.m. City staff will share the Zoom link in the Bowling Green Park Community Meeting for those who plan to attend. 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 23 • MASTER PLAN VILLAGES OF PLAY Virtual Community Meeting Denton Parks and Rec join uson • • m Thursday,, Apriliat 7 • 1 `a' x .� fit.• r.1, � . ~� - 17 - -�_. _ f:. -r_ •^�`� �Z M�._mow-t-_�-J.'.'�_'�•�� Together, we' ll explore how to design the most fun with the smallest footprint ASS%, City staff from the Parks and Recreation Department and consultants from Valley Quest Design will host the virtual meeting to provide residents an opportunity to explore how to make the most of the 6.5-acre site located at the corner of Edwards and Swisher Roads. City staff will host the Bowling Green Park Virtual Community Meeting at 6 p.m. prior to the Villages of Carmel Park Virtual Community Meeting. Both are community input meetings. 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 24 Date: April 2, 2021 Report No. 2021-019 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Boards & Commissions Handbook and Attendance Policy BACKGROUND: The purpose of the Handbook for Boards, Commissions and Council Committees (Handbook), first adopted in November 17, 2009, is to consolidate basic information regarding boards, commissions, and council committees into one easy and convenient manual that will be provided to current appointees and used as a training tool for future appointees.Most of the material,policies and procedures in the handbook are taken from current code, ordinances, resolutions, administrative policy or the City Charter of which Council Members and Board, Commission and Committee members are already familiar. The Handbook was last reviewed in its entirety and amended on March 3, 2020 for the purpose of adding specific citations and amending internal operating processes. Since then, structural changes have occurred relating to boards and commissions, administrative policies, and internal processes which mandate the Handbook be updated. The Parks,Recreation and Beautification Board requested the City Council consider amending the attendance policy as related to the excused absence criteria. DISCUSSION—BOARDS & COMMISSIONS HANDBOOK: Noted below are the proposed substantive changes. The redlined version of the Handbook is provided as Attachment 1. • Proposed changes are as follows: • Add language that member information is subject to the public information act (Public Access Form) • Add newly created boards including descriptions and legislation o Denton Police Department Chief of Police Advisory Board o Sustainability Framework Advisory Committee • Add the following board name changes: o Committee on Community Engagement (previously Committee on Citizen Engagement)—Changed at the City level o Community Partnership Committee(previously Hotel Occupancy Tax and Sponsorship Committee)—Changed at the City level o Discover Denton Advisory Board(previously Convention&Visitors Bureau) • Add Denton County Leadership Teams to City Council Committee list, including descriptions and legislation(Behavioral Health, Homelessness, and Workforce Success) o NOTE: These were new/external committees recently created with both City and Council Members serving. • Update the notification process to be utilized by the City Secretary if a member violates the attendance policy and mandates placement of an item on the agenda seeking member 25 Date: April 2, 2021 Report No. 2021-019 removal if no response received from the member at initial notification from the City Secretary o NOTE: In 2020, the City Council was first presented with the removal of a board member. The process utilized under the guidance of the City Attorney's Office is reflected in the proposed changes. • Update the "Removal from Office" provision to match the update to the notification process outlined above • Require Minutes reflect the date of approval by the board • Amend the Election of Office provision to establish a clear time period for appointment Election of officers shall be annually in January, but no later than February. If, for any reason, the chair or vice-chair vacates their seat, a special election s*eald-shall be held to fill the unexpired term_ A temporary chair may be selected by the board pursuant to Roberts Rules of Order. o NOTE: The delay in the board/commission appointment process due to the Covid-19 pandemic that affected city elections caused confusion for the Parks, Recreation and Beautification Board. Their understanding of the provision was that the officers were appointed for the full term of the members elected as Chair/Vice Chair. The proposed change will better establish an actual timeline for the election of such officers.No other board/commission expressed any concern when informed of the need to begin electing their officers. The change is being initiated at staff s request. • Establish a removal process if members fail to complete the Ethics Training established by/through the City Auditor's Office (Board of Ethics, Historic Landmark Commission, Planning and Zoning Commission, Public Utilities Board, and Zoning Board of Adjustment) • Update the Telephone and Videoconference provision to reference that "Videoconferencing, if/when permitted, shall follow regulations established by State law or the City Council Rules of Procedure." o NOTE: Due to the Covid-19 pandemic, suspension of open meetings act provisions by the Governor, and movement from in-person meetings to virtual meetings, it is important that the Handbook outline that future virtual meetings, once the open meetings act provisions are fully reinstated, follow the language already contained within the Handbook. • Update the Public Comment provision to uniformly place the opportunity to speak at board meetings at the beginning of the agenda. o NOTE: At this time,the open comment section varies from board to board,with some appearing at the beginning of the agenda and others at the end. Due to staffing levels and the organization that comes into play with providing support for speakers during the public comment period, the change is initiated at staff s request. • Correct moderate ordinance number references and citations. DISCUSSION—ATTENDANCE POLICY: On January 28, 2020, City Council adopted Ordinance 19-2866 which amended Denton Code of Ordinances Section 2-83(c) revising the absences provision for boards, commissions, and committees. At the time, the proposed changes were being discussed on January 28, 2020, City Council determined the following: 26 Date: April 2, 2021 Report No. 2021-019 • Requirements as noted remain the same: o Excused absence criteria: • Personal or family illness, death of a family member,jury duty, service in the armed forces, testifying before the legislature, attending a seminar involving municipal matters of importance to the member's duties or an absence necessary for the member's business or employment ■ NOTE: This is the area under which the Parks, Recreation and Beautification Board is seeking an amendment to include the following as excused absences: ❖ Family Responsibilities ❖ Pandemic/World Events/Emergency Situations o Criteria for removal from office: • An unexcused absence of any board, commission, committee member from more than three (3) regularly called and scheduled meetings of which he or she is a member in any one (1) year, or lack of attendance at fifty (50) percent of the number of regular/scheduled meetings in a year, shall be considered "cause," as that term is used in section 14.16 of the Charter, for removal by the city council.An office that has been vacated under the provisions of this section shall be filled for the remainder of the term using the standard appointment process. • The following changes occur(abbreviated): o Set the ability of a board member to seek an exception to any absence not meeting the above criteria with the City Council rather than the board itself o Established a notification process for members who cannot attend the meeting contact the chairperson or an appropriate staff liaison to report his or her absence before the start of the meeting and provide the reason why he or she is unable to attend the meeting o Require the board member submit documentation to the City Secretary on the purpose of the absence o Set the determination on whether an absence does/does not meet the excused absence criteria with the City Secretary o Set timeline by which the City Secretary is to notify the board member whether the absence is/is not confused • If not excused, member to submit request within 10 business days of that notification requesting the unexcused absence be excused by the City Council; if request received, the City Secretary is to schedule that exception on the next available agenda Out of 15 boards and commission, at a total of 100 +/1 members, not counting the two boards created this year, staff has not received a request for a needed amendment to the policy. A recap of absences addressed since the adoption of Ordinance 19-2866 on January 28, 2020 to March 26, 2021 is as follows: • Absences determined to meet the Excused Absence Criteria by the City Secretary: 39 • Absences determined unexcused with member notified of ability to seek exception by the City Council (no response received, or no exception sought): 9 • Exception requests submitted/granted by the City Council: 1 • Exception request pending City Council determination: 1 Exhibits 2 -5 are presented as they relate to the attendance policy. Descriptions of each document are noted. 27 Date: April 2, 2021 Report No. 2021-019 CONCLUSION: The Draft Handbook was reviewed with the City Attorney's Office and their feedback incorporated. Comments, suggestions or recommendations on the Draft Handbook is requested to be sent to the City Secretary's Office by Friday, April 9. The tentative approval date to adopt the attached draft as part of the Consent Agenda is Tuesday, April 20. The date will change based on the number and magnitude of recommended changes that may be received. Council will be updated accordingly. STAFF CONTACT: Rosa Rios City Secretary rosa.rios@cityofdenton.com 940-349-8309 REQUESTOR: Handbook Updates - Staff initiated- City Secretary Attendance Policy—Parks, Recreation and Beautification Board STAFF TIME TO COMPLETE REPORT: 1 hour(16 hours for full review/modification of Handbook) ATTACHMENTS 1. B&C Handbook proposed changes 2. Ordinance 19-2866 adopted January 28, 2020. As mandated within the ordinance, the City Secretary provided all members a copy of this ordinance. Further,the ordinance has become part of the B&C Member Packet provided to all new and reappointed members. 3. Redline version of Ordinance 19-2866 as presented for consideration on January 28, 2020. 4. Parks, Recreation and Beautification Board memorandum requesting two additions to the excused absence criteria. This memorandum was initially provided as part of the January 14, 2021 Friday Report (Pages 5 & 6). 5. B&C Member Attendance Reporting Guidelines provided to all existing members, including new/reappointed members. 28 DENTON CITY OF DENTON HANDBOOK for BOARDS, COMMISSIONS, and COUNCIL COMMITTEES o�050 oa o F fl o0 a o0 00 ��° 0 ell o0 00° O OO V O o ~o° � o OED �} 0 0 o 0 o a a o C:3 o 0 0 0 ° o � o°C� � 00 o° °0 0 0°° 000p0000000000D O�as O N . o0 o0 Adopting: November 17, 2009 Resolution R2009-032 Revising: October 4, 2011 Resolution R2011-036 Amending: September 18, 2012 Resolution R2012-030 Revising: September 10, 2013 Resolution R2013-027 Revising: September 16, 2014 Resolution R2014-037 Revising: September 1, 2015 Resolution R2015-023 Amending: August 28, 2018 Resolution 18-1377 Superseding: July 16, 2019 Resolution 19-1441 Revising: March 3, 2020 Resolution 20-466 Revising: , 2021 Resolution 21- 29 TABLE OF CONTENTS Introduction.......................................................................................................................4 Overview of Municipal Government CityCharter....................................................................................................................5 CityCouncil...................................................................................................................5 CityManager.............................................................................................................-5-6 CityAttorney .................................................................................................................6 CitySecretary.................................................................................................................6 StaffLiaison...................................................................................................................6 Membership Information Appointments.................................................................................................................7 Member Information Subject to Public Information Act...............................................7 ServiceLimitations........................................................................................................7 Termination of Appointment........................................................................................78 Oathof Office...............................................................................................................78 Orientation and Training................................................................................................8 Attendance ................................................................................................................. 8-9 Removalfrom Office...............................................................................................9-10 Minutes ....................................................................................................................9-10 Electionof Officers..................................................................................................9-10 EthicsPolicy.....................................................................................................10-13-14 EthicsOrdinance..........................................................................................................14 Communication with City Council..............................................................................14 Advisors, Subcommittees, and Ad-Hoc Committees ............................................ 14-15 Additional Guidelines for City Council Committees.............................................4 4-15 Conflicts of Interest Texas Local Government Code Chapter 171 Conflicts of Interest..............................16 Incompatibility of Office .............................................................................................17 Appearanceof Conflict................................................................................................17 Texas Local Government Code Chapter 176 Conflicts Disclosure.............................17 Appearing Before City Boards and Commissions.......................................................18 Texas Open Meetings Act What Constitutes a Meeting?.......................................................................................19 A. Definition of Meeting.............................................................................. 19-20 B. Social Gatherings ..........................................................................................20 C. Employee Briefings.......................................................................................20 D. Telephone and Videoconferencing Meeting.................................................20 Page 11 30 Notice A. Content..........................................................................................................20 B. Place of Posting.............................................................................................21 C. Time of Posting.............................................................................................21 D. Recessing a Meeting.....................................................................................21 Open Sessions A. Convening the Meeting.................................................................................21 B. Rights of the Public.......................................................................................21 C. Public Comments ..........................................................................................22 D. Final Actions.................................................................................................22 Closed Meetings A. Overview.......................................................................................................22 B. Provisions Authorizing Closed Meetings................................................22-24 Recordsof Meetings....................................................................................................24 Penalties and Remedies for Violations of the Act A. Voidability of A Board's Action...................................................................24 B. Mandamus, Injunction, or Declaratory Judgment...................................24-25 C. Criminal Provisions.......................................................................................25 Open Government Training.........................................................................................25 Meeting Procedures Role of the Chairperson...............................................................................................26 Rulesof Thumb............................................................................................................26 Procedural Rules of Order .....................................................................................27-28 Whatis a Quorum? ......................................................................................................28 PublicParticipation......................................................................................................28 Boards, Commissions, & Council Committees Judicial or Quasi-Judicial Boards Boardof Ethics ...................................................................................................29 Civil Service Commission..................................................................................29 Denton Housing Authority Board.................................................................29-30 Health and Building Standards Commission......................................................30 Historic Landmark Commission.........................................................................30 Planning & Zoning Commission ........................................................................31 Zoning Board of Adjustment..............................................................................31 Advisory Boards Airport Advisory Board......................................................................................31 Animal Shelter Advisory Committee..................................................................32 Committee on Persons with Disabilities.............................................................32 Community Development Advisory Committee..........................................32-33 Denton Police Department Chief of Police Advisory Board..............................33 Downtown Denton Tax Increment Financing Reinvestment Board...................33 Economic Development Partnership Board..................................................3-3-34 Human Services Advisory Committee................................................................34 LibraryBoard...................................................................................................435 Parks, Recreation & Beautification Board....................................................34-35 Page 12 31 Public Art Committee.........................................................................................35 Public Utilities Board....................................................................................35-36 Sustainability Framework Advisory Committee ................................................36 Tax Increment Reinvestment Zone Number Two ........................................35-36 Traffic Safety Commission...........................................................................36-37 City Council Committees AgendaCommittee.......................................................................................... 637 Audit/Finance Committee.............................................................................36-37 City Council Airport Committee ..................................................................37-38 Committee on Citizen E'_ gagem,%%Community Engagement........................3-738 Committee on the Environment......................................................................3�38 Council Appointee Performance Review Committee...................................38-39 Council Mobility Committee..........................................................................3-939 Hotel Oeeupaney Community Partnership Committee ............................3839 Ad Hoc Council Committees..............................................................................39 Local and Regional Committees Community Justice Council............................................................................3940 Goiwention&Visitors B ............................................................................�0 Dallas Regional Mobility Coalition................................................................3940 Denton County Behavioral Health Leadership Team.........................................40 Denton County Homelessness Leadership Team ...............................................40 Denton County Transportation Authority.......................................................4041 Denton County Workforce Success Leadership Team.......................................41 Discover Denton Advisory Board.......................................................................41 Lake Ray Roberts Planning &Zoning Commission.................................4041-42 Regional Transportation Council....................................................................4042 Texas Municipal Power Agency Board of Directors......................................44-42 Miscellaneous Boards and Committees..........................................................44-42 Page 13 32 INTRODUCTION Congratulations on your appointment to one of our City's boards, commissions or City Council committees! Boards and commissions are essential to the successful function of City government, and your contributions will help shape the future of Denton. You will be studying and recommending policy application on a variety of issues vital to the City's future. The basic duty of each board is to apply City policy as expressed in the City Charter, its Code of Ordinances, and through Council directives to individual circumstances and issues placed before the board. Should a policy or directive require clarification, the board should request such from the Council. The handbook is designed to assist you in your service. It consolidates provisions of the City Charter, Code of Ordinances, and other regulations into one place to assist you as a board member. It will provide a general introduction to topics and processes that directly affect members of boards. Discussion in the handbook applies to all City Council appointed citizen boards, commissions, and committees including citizen task forces, ad hoc boards, commissions, and committees, and all City Council committees, unless stated otherwise. Throughout the document, reference to "boards" should be interpreted to mean all City Council appointed citizen boards, commissions, and committees, including citizen task forces, ad hoc boards, commissions, and committees, as well as all City Council committees, unless otherwise stated. Keep in mind, not all the provisions will apply equally to every board. In case of legal liability, for example, members of some boards may be more susceptible than members of other boards. The staff liaison assigned to your board will be able to provide you with more information on the specific duties and responsibilities of the particular board and its members. Additionally, due to the unique nature of citizen boards, commissions, and committees, citizen task forces, and ad hoc boards, commissions, and committees, a section providing additional guidance has been included under Membership Information in the handbook. While no one document could adequately cover all aspects of serving on a board, the handbook has been designed as a basic reference point from which a board member can build an extensive knowledge of his/her responsibilities to the citizenry of Denton. The handbook has been adopted by resolution of the City Council and will be updated from time to time. If any provision of the handbook is in conflict with any Code or Ordinance of the City, then such Code or Ordinance shall prevail. The City Secretary, City Attorney, and staff liaisons are available as resources to all boards. Any requests for assistance shall be coordinated through the staff liaison assigned to the board on which you serve. Thank you for your interest in serving your community. Your efforts will make Denton a better place to live and work. Page 14 33 DENTON MUNICIPAL GOVERNMENT City Charter The Denton City Charter was adopted in 1959 and is the basic governing authority of the City. The Charter determines the form of municipal government, the composition and powers of the City Council, and establishes the legal framework necessary for a city to function. The Charter provides for the operation of municipal functions under the council-manager form of government. Under this system, the City Council serve as political leaders and policy makers and retain a professionally trained manager to oversee the delivery of public services. City Council The City Council consists of a mayor and six council members who are elected to serve as the legislative body of the City. Four council members are elected from one of four single member districts. The mayor and two other council members are elected at-large. The mayor and each council member serve two-year terms with a consecutive three full term limit. The mayor, in a council-manager form of government, is one of seven voting members of the Council and serves as the ceremonial head and policy leader. The mayor presides at meetings, serves as a spokesperson to the community, facilitates communication and understanding between elected officials, advocates policy decisions, assists the Council in setting goals, and serves as a promoter and defender of the community. In addition, the mayor serves as a key representative in intergovernmental relations. The council members in this form of government are the leaders and policy-makers elected to represent various segments of the community and concentrate on policy issues that are responsive to citizens' needs and wishes. As a legislative body, the council members are the community decision-makers. They approve the budget and determine the tax rate. The Council focuses on community goals, major projects, and long-term considerations such as community growth, land-use development, capital improvement plans, capital financing, and strategic planning. The City Council appoints the city manager, city attorney, city auditor, and municipal judge. The City Council also affirms the City Manager's appointment of a City Secretar�All other employees of the city report to the city manager. Pursuant to the City Charter, the Council is prohibited from giving direction to City staff. The Council gives policy direction to the city manager, who is responsible for its administration and implementation. Page 15 34 City Manager The city manager is appointed by the council to serve the community through the professional administration of local government projects and programs. The city manager prepares the budget for the Council's consideration; recruits, hires, and supervises the local government staff; and serves as the Council's chief adviser by bringing forth objective information regarding policy matters. The manager makes policy recommendations to the Council, which the Council may adopt, modify, or reject. City Attorney The city attorney is appointed by the City Council. The City Attorney's Office serves as the legal branch of the City, representing the City's legal interests and rights, providing legal advice, and prosecuting criminal complaints. Among other things, the City Attorney's Office drafts and reviews the City's legal documents and issues legal opinions. City Secretary The city secretary administers the City's board and commission program. The city secretary is also responsible for conducting city elections, preparing and posting City Council meeting agendas and minutes, and maintaining the official records of the City. Staff Liaison The city manager assigns a staff member to work with each board or commission. The staff liaison's role is to: • Prepare meeting agendas, staff reports and supporting information to the commission prior to meetings. • Ensure compliance with the Texas Open Meetings Act. • Prepare board recommendations to the City Council and make presentations to the City Council on behalf of the board. • Respond to board member requests for information related to the business of the board. Board members do not have authority over the work program of city staff. Rather, the liaison acts as an information resource and provides technical assistance. Board and commission members may not direct city staff in the performance of their commission-related activities, nor can they assign projects or direct the work of staff. A board or commission may request staffs assistance on various projects; however, the city manager must approve all requests which create a substantial demand for a work product. Page 16 35 MEMBERSHIP INFORMATION Appointments Each City Council member is responsible for making nominations for board and commission places assigned to him or her, which corresponds to the City Council member's place. Individual City Council members make nominations to the full City Council for the governing body's approval or disapproval. Council members will consider interested persons on a citywide basis and review an individual's qualifications, willingness to serve, application information in selecting nominations for service, and any prior board service/attendance, as applicable. The City Council will make an effort to be inclusive of all segments of the community and will consider ethnicity, gender, socio-economic levels, and other factors to ensure a diverse representation of citizens. In an effort to ensure maximum citizen participation, council members will continue the practice of nominating new citizens to replace board members who have served the maximum terms established by the Denton Code of Ordinances. Member Information Subiect to Public Information Act The Texas Public Information Act requires government entities give citizens access to information about what public servants are doing on their behalf and how taxpayer funds are spent. Most information held by a governmental entity is public including emails regarding official city business and city issued email addresses of governmental officials/employees. If the City of Denton provides you a city e-mail, that e-mail address is subject to disclosure at the will of the City and upon any request received pursuant to the Public Information Act. Using a non- city email address for official city business, subjects the email address and any email related to official city business to public disclosure. Text messages and social media posts regarding official city business are also subject to public disclosure even if the information is maintained on personal devices not paid for by the City. There are exceptions in the law that allow certain information to be withheld. Section 552.137 of the Texas Government code excepts from public disclosure information of current or previous public employees or officials that relates to the home address, home telephone number, emergency contact information, social security number, or information that reveals whether an individual has family members provided the employee/official has elected to withhold the information on the Public Access form. The Public Access form is a part of the orientation packet. Service Limitations/Terms Members are usually appointed to a two-year term. The Denton Code of Ordinance currently establishes the number of consecutive terms a member can serve. A board member who has served the maximum terms established by the Denton Code of Ordinances shall not be eligible for reappointment to that same board for a period of one year. However, appointment to a different board is permitted. Page 17 36 Termination of Appointment A member's appointment to a board can be terminated by written resignation from the member, by action of the City Council pursuant to the Denton Code of Ordinances. Examples of removal for cause are failure to meet attendance requirements, complete City-mandated ethics training (as applicable), and/or no longer meeting residency/registered voter requirements. The examples are not a comprehensive list of reasons of why termination or removal may occur. Members continue to hold over past a term end date until the member resigns or is replaced. A resignation may be submitted to a city official, member of city staff, or another member of the board and shall become effective immediately. Once the resignation has been submitted to any of the above-noted individuals, that resignation cannot be withdrawn. Oath of Office Board members are required to take one or more oaths of office. Consult the City Secretary's office to make sure you have taken and signed such oaths before serving as a board member. The corresponding staff liaison is also responsible for ensuring all documents finalizing the appointment processes have been completed before allowing a member to participate in a meeting. Orientation and Training Board members are required to participate in training session(s) provided by the City Secretary's Office. These training session(s) will be scheduled as a regular agenda item by your board's staff liaison. Members are also required to complete open government training through the Texas Attorney General's Office. Training is available online at www.texasattomeygeneral.gov. Upon completion of training, members must submit a completed certificate to the city secretary. Staff liaisons are encouraged to meet with "new" appointees well in advance of the first meeting to provide a general overview of the board's responsibilities, agenda/meeting process, and any other issues relevant to the board, commission or committee. Attendance' You, as an interested and informed citizen, are essential to effective local government. Because your viewpoint is so valuable to the City Council members, they take your appointment, attendance, and involvement on a board very seriously and ask that you do also. The Council is aware that board members have careers and other responsibilities that demand their time. However, because of the importance of citizen boards, the City Council asks that each new board member make every effort to attend all meetings of the board and notify the chair or appropriate staff liaison of their board in advance if they will be unable to attend a board meeting. 'Not applicable to City Council committees. Page 18 37 Per §2-83(c) of the Code of Ordinances of the City of Denton, an excused absence shall include personal or family illness, death of a family member, jury duty, service in the armed forces, testifying before the legislature, attending a seminar involving municipal matters of importance to the member's duties, absence necessary for the member's business or employment, and any related emergencies or other matters which the board finds qualifying as an excused absence. Per §2-83 (c) Code of Ordinances, the unexcused absence of any board member from more than three regularly called and scheduled meetings of the board of which he or she is a member in any one year or lack of attendance at 50 percent of the number of regular meetings in a year, unless such absence is excused„ shall be considered "cause," as that term is used in §14.16 of the Charter of the City of Denton for removal of said member by the City Council from such board. If a board member violates the above attendance policy, the staff liaison shall immediately notify the City Secretary. The City Secretary will contact the member in writings and ask the beard member- to submit a letter- of resignation to the City Seer-eta as required under §14.16 of the Charter of the City of Denton, advising the member of his/her upcoming removal for cause at a duly posted meeting if a resignation is not received within 10 business days as of the date of that notification letter. In the event the member fails to resperldsubmit his/her resignation within those 10 business days of tha4 notifieatio 'e , the City Secretary shall place an wofk sessia action item on the next available agenda to obtain, dire do to pfovide to the membe written notiee as r-equir-ed tmdef §14.16 of the Ghat4er- of the City of Denton advising the member- of his/her . . — moval at a duly posted ineeting if a resignation is not r-eeeived within five working days as of that notifieation let4ef providing for the removal of the board member. The attendance of all members shall be recorded by the staff liaison and forwarded to the City Secretary on a quarterly basis. Removal from Office In the event a new member fails to submit the required appointment forms (oath of office, appointment of officer, and/or affirmation of qualifications) within 14 days of notice of appointment or make an appointment with the City Secretary's office, or complete the open government training within the timeframe specified by the Office of the Attorney General, that failure shall constitute for-cause removal as outlined in City Charter, Article XIV, Section 14.16. At that time, the City Secretary's Office shall send written notification to the member of such failure; and- as required under §14.16 of the Charter of the City of Denton, advising the member of his/her upcoming removal for cause at a duly posted meeting if the member fails to remedX within 10 business days as of the date of that notification letter.1f the member- fails te remedy e respond within 10 business days of that notifiea4ien letter-, the City Seer-etafy shall plaee a werlE session item en the next available agenda to ebtain difeetion to pfavide to the M ef notiee as r-e"ir-ed tmder- §14.16 of the Chafter- of the City of Denton advising the member- of ,,,.,.' ing days—as—of that netifie-ationlette . In the event the member fails to submit all the required appointment forms within those 10 business days, the City Secretary shall place an action item on the next available agenda providing for the removal of the board member. City Page 19 38 Council shall reserve the right to consider reappointment of the individual either to the same or a different board, commission or committee. Minutes The staff liaison will provide a staff member at the meeting of each board to take minutes of each meeting in a form consistent with City Council meeting minutes as prescribed by the city secretary to reflect an accurate record of business transacted at the meeting. Minutes of the meeting will be submitted for approval by the members present at the next meeting with revisions, corrections, or amendments being made at that time. The approved minutes shall be signed by the presiding officer of that meeting, reflect the date of approval, and forwarded to the City Secretary's office on a monthly basis. Preparation of the Minutes shall clearly outline the agenda captions applicable to the item being recorded. The retention period shall be as prescribed by the City Records Management Policy. The City Secretary is authorized to transfer any such records to the City Archivist for historical preservation purposes as deemed appropriate. Election of Officers Procedures for the election of officers for appointed boards are established to ensure consistency with the City Council's goals and policies in making board appointments. Except where otherwise provided by state law, federal law, City Charter, or City ordinances or resolutions, election of officers for City of Denton council-appointed boards will be as follows:2 • The chair and vice-chair will be elected by voting board members. • Election of officers shall be annually as seen as pfaetieable aftef the an in January, but no later than FebruarX. If, for any reason, the chair or vice-chair vacates their seat, a special election should shall be held to fill the unexpired term. A temporary chair may be selected by the board pursuant to Roberts Rules of Order. • The staff liaison, designated by the City Manager, shall serve as the official secretary to the board or commission to ensure records are maintained in accordance with requirements of the City Secretary's office. • The City Council shall reserve the right, as deemed necessary in individual instances, to appoint the chair and vice-chair for any special issue or temporary advisory committees. If the City Council chooses not to make the appointment for chair and vice-chair, then the procedure outlined in this policy will apply. Questions regarding the election of officers should be directed to the city attorney through your staff liaison. 2 Check with staff liaison for special rules that apply to your board. Page 1 10 39 Ethics Policy Pursuant to Resolution No. R2006-003, as may be amended, the City Council has adopted an ethics policy that applies to council members and appointed officials, including board and commission members, depicted below. Note the ethics policy lists some state penal laws that may be applicable to members. A copy of the policy is ineluded in the appendix seetion of han beeknoted below. Please consult the city attorney with any questions about the policy. f INTENTIONALLY LEFT BLANK CONTINUED ON NEXT PAGE] Page 111 40 RESOLUTION NO. A RESOLUTION AMENDING THE ETHICS POLICY FOR ELECTED AND APPOINTED OFFICIALS FOR THE CITY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on May 18, 2004 City Council passed Resolution R2004-025 adopting an Ethics Policy for Elected and Appointed Officials and upon a recommendation by the Council Ethics Sub-committee hereby approves an amendment to the policy as set forth herein; and WHEREAS, the City Council of the City of Denton acknowledges that our government is a representative democracy and those who are elected or appointed to serve others as representatives accept a public trust that requires them to faithfully and diligently fulfill their public responsibilities; and WHEREAS, the City Council of the City of Denton recognizes the those individuals who serve as public servants must adhere to a higher ethical standard of conduct since the activities of government should benefit the community as a whole and should never benefit the individual interest of public decision makers; NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the following ETHICS POLICY for Elected and Appointed Officials—City of Denton,Texas,which shall apply to all elected and appointed officials of the City,is hereby amended to read as follows: ETHICS POLICY for Elected and Appointed Officials-City of Denton,Texas. This Ethics Policy has been adopted to encourage and ensure the highest standards of personal and public conduct during tenure in office. Adherence to this Policy will maintain the confidence and trust in the decision-makers and representatives of the City who must remain independent, impartial, and accountable to the people they serve. In addition, elected and appointed officials must adhere to Texas state statues and City Charter provisions and City Council Rules of Procedure governing their conduct. These are listed at the end of this Policy. Thus, elected City Council Members as well as appointed members of the City's Boards and Commissions are asked to subscribe to the Texas statutes, City of Denton Charter, Rules of Procedures for City Boards and Commissions, and this Ethics Policy. 1. As a representative of the City of Denton,I will be ethical. I will act with integrity and moral courage. I will be absolutely truthful. I will make impartial decisions that are free of bribes, unlawful gifts, narrow political interests and other personal interests that might impair my independence of judgment. I will always decide what is best for the whole city. I will respect confidences and information designated"confidential"to the extent Page 112 41 permitted by law. I will use my title and city logo or letterhead only when conducting official City business and will not exceed my authority. 2. As a representative of the City of Denton,I will be service-oriented. I will be friendly, receptive, courteous, and respectful to everyone. I will be attuned to and care about the needs and issues of all Denton citizens. 3. As a representative of the City of Denton,I will be fiscally responsible. I will make prudent decisions, taking into account the long-term financial needs of the City and its financial stability. I will make decisions that seek to promote programs and services for City residents. 4. As a representative of the City of Denton, I will be communicative. I will communicate that I am approachable, open-minded and willing to enter into dialog. I will listen carefully and my response will add value to the conversation. 5. As a representative of the City of Denton, I will be cooperative. I will work toward consensus building and gain value from diverse opinions. I will approach my position and relationships with a positive attitude. I will consider the broader regional and statewide implications of decisions. I will work with the Universities, DISD, the Chambers of Commerce, other governmental entities, and local nonprofit agencies and others as partners on common issues. 6. As a representative of the City of Denton,I will be progressive and receptive to new ideas. I will promote intelligent and thoughtful innovation whenever possible. I will be sensitive to the need for compromise, to think creatively, and improve existing models when necessary. I will keep my knowledge of local government current and growing. 7. As a representative of the City of Denton, I will not be delinquent in paying monies owed the City. I will not be in arrears on any city taxes, utility service charges, or other obligations owed the City. Elected officials and appointed officials,boards and commissions must adhere to the following Texas statutes: Civil Statutes Open Meetings Act (Tex. Govt. Code. Ann. Ch. 551) Public Information Act/Open Records Act (Tex. Govt. Code. Ann. Ch. 552) Conflicts of Interest(Tex. Loc. Govt. Code, Ch. 171, Ch. 212) Official Misconduct (Tex.Penal Code, Ch. 36, Ch. 39) Nepotism(Tex. Rev. Civ. Stat. Ann., arts. 5996a& 5996b) Whistleblower Protection(Tex. Rev. Civ. Stat. Ann., art. 6552-16a) Page 113 42 Competitive Bidding and Procurement(espec. Tex. Loc. Govt. Code, Ch. 252) State Penal Laws Bribery (Tex. Penal Code, § 36.02) Coercion of Public Servant or Voter (Tex. Penal Code, § 36.03) Improper Influence(Tex. Penal Code § 36.04) Tampering with a Witness(Tex. Penal Code § 36.04) Retaliation (Tex. Penal Code § 36.06) Gifts to Public Officials(Tex. Penal Code § 36.08) Offering Gift to Public Servant (Tex. Penal Code § 36.09) Abuse of Office (Chapter 39) Official Misconduct(Tex. Penal Code § 39.01) Official Oppression (Tex. Penal Code § 39.02) Misuse of Official Information (Tex. Penal Code § 39.03) City Documents In addition, the City of Denton Charter, the City Council Rules of Procedure, House Rules and Code of Election Ethics are applicable. The Ethics Policy is designed as a positive guide to the behavior and decorum of Council and board members as they represent the citizens of Denton. I will voluntarily accept reprimand from my colleagues if I should act contrary to this policy. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of EULINE BROCK,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR VED AS O LEGAL FORM: EDWIN M. SNYD , CITY A ORNEY BY: U IV Page 14 43 Ethics Ordinance The City Council adopted Ordinance No. 18-757 establishing a Code of Ethics, applicable to the City Council, Board of Ethics, Historic Landmark Commission, Planning and Zoning Commission, Public Utilities Board, and Zoning Board of Adjustment. It further outlines ethical standards that all boards/commissions should be aware of. This information is provided by the City Secretary's office at the time of (re)appointment. Annual training is required and coordinated through the City Auditor's office. The most up-to-date Ethics Code can be found at: https:HlibrM.municode.com/tx/denton/codes/code of ordinances?nodeld=SPA COOR CH2AD ARTXIET_ In the event any member of the Board of Ethics, Historic Landmark Commission, Planning and Zoning Commission, Public Utilities Board, and Zoning Board of Adjustment fail to complete the ethics training within the timeframe specified by the City Auditor's office at time of initial appointment or annually thereafter, that failure shall constitute for-cause removal as outlined in City Charter, Article XIV, Section 14.16. At that time, the City Secretary's Office shall send written notification to the member of such failure; and as required under §14.16 of the Charter of the City of Denton, advising the member of his/her upcoming removal for cause at a duly posted meeting if the member fails to remedy within 10 business days as of the date of that notification letter. In the event the member fails to submit all the required appointment forms within those 10 business days, the City Secretary shall place an action item on the next available agenda providing for the removal of the board member. City Council shall reserve the right to consider reappointment of the individual either to the same or a different board, commission or committee. If the Denton City Code specifically provides for additional steps in removal of a member, that process shall be followed by the City Secretary in consultation with the City Attorney. Communication with City Council In accordance with Resolution R2012-030, upon consensus of a board or commission, such board may request that staff propose questions regarding public policies or prepare policy statement recommendations regarding a matter that clearly falls within the scope and purpose of the board. Such policy recommendations or questions, once approved by a majority of the board or commission, will be forwarded to the City Council for their response or consideration as the Council determines appropriate. Boards and commissions may provide an annual or more periodic report to the City Council as appropriate outlining their activities, accomplishments, projects, and initiatives. Content of the report may be customized by each board. Upon approval of a majority of the board, such reports will be provided to the City Secretary's office to be forwarded to the entire City Council. Advisors, Subcommittees, and Ad Hoc Committees No City board shall appoint persons outside its membership as advisors or to subcommittees, ad hoc committees, or other accessory entities without prior approval of the City Council. Page 115 44 CONFLICTS OF INTEREST The State's conflict of interest law, Chapter 171 of the Texas Local Government Code, although only applicable to officers of the City, has been made applicable to all board members, whether advisory or governmental, by Denton's Charter. However, the penal provisions of Chapter 171 are not applicable to advisory board members. Chapter 171 requires a board member with substantial interest in a business entity or real property to file an affidavit with the staff liaison and abstain prior to a vote or decision on any matter involving the business entity or real property if the action on the matter will have a special economic effect on the business entity distinguishable from the effect on the public, if it is foreseeable that the action on the matter will have a special economic effect on the value of the real property, distinguishable from its effect on the public. For example, the Attorney General (AG)has opined that a special economic effect on the value of real property distinguishable from the affect on the public exists when a P&Z board member has an interest in real property located within 200 feet of property being rezoned. However, the AG made it clear that these evaluations are highly fact intensive. Ask yourself the question, will this action before my board affect the value of my real property in a manner that is different from public at large? — You have a substantial interest in a business entity (non-profit or government entity is not a business entity) i£ 1. You own 10 percent or more of the voting shares of the business entity or own either 10 percent or more or$15,000 or more of its fair market value; or 2. You received funds from the business entity exceeding 10 percent of your gross income for the previous year. — You have a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of$2,500 or more. — You have a substantial interest if your close relative (within the first degree of consanguinity and affinity)has a substantial interest. A violation of Chapter 171 is a Class A misdemeanor. If you think you have a Chapter 171 conflict, contact the staff liaison prior to the meeting to make arrangements for the signing of the required affidavit. The affidavit must be signed prior to the item being considered. You should announce that you have a conflict at the meeting and excuse yourself from the room while the item is being considered. You should not participate on the matter, including contacting members of the board or staff concerning the matter. However, if you have any questions whether you have a Chapter 171 conflict, consult the City Attorney's office. The staff liaison is responsible for timely submitting such affidavit(s) to the City Auditor's office. Page 116 45 Incompatibility of Office The common law doctrine of incompatibility of office prohibits you from holding two conflicting public offices. This only applies to governmental board members. You cannot hold another public office that conflicts with your duties with the board. Because this is very fact sensitive, you should consult with the City Attorney's office if you hold another public office. You should do this prior to being sworn in as a governmental board member, as your acceptance of the governmental board appointment may result in the automatic forfeiture of your other public office. Appearance of Conflict There are times you will have a perceived conflict of interest even though it is not a conflict that is prohibited by law or the City Code of Ethics for applicable boards/commissions. In those cases, you should make a judgment call as to whether you should abstain from the matter. The City's Ethics Policy states: "I will act with integrity and moral courage. I will be absolutely truthful. I will make impartial decisions that are free of bribes, unlawful gifts, narrow political interests and other personal interests that might impair my independence of judgment. I will always decide what is best for the whole city..." If you think the perceived conflict affects your ability of independent judgment or there is a strong appearance that you lack the ability to divorce yourself from the perceived conflict in making a decision, you should carefully consider whether abstention is appropriate. Often, these are difficult judgment calls for which there are no absolute right answers. In making your decision, you should weigh the harm of participating against your general duty to serve on the board. You have a duty to participate and vote on all matters that come before the board, unless you have a conflict or you lack information to decide the issue. Do not hesitate to contact your staff liaison who will refer the inquiry to the appropriate office for guidance. Chapter 176 Conflicts Disclosure Chapter 176 of the Texas Local Government Code requires you to file a Conflicts Disclosure Statement ("CIS") with the City Secretary if you or your family member (a) has an employment or business relationship with a City contractor or vendor that results in taxable income, or (b) received or accepted one or more gifts from a city Contractor or vendor (excluding gifts of food, lodging, transportation, or entertainment accepted as a guest) with an aggregate value of$100 in the preceding 12 months. You are required to file the form within seven days after you become aware of the relationship with the City. The CIS is signed under penalty of perjury and it is a Class C misdemeanor to fail to timely file the form. However, it is a defense to prosecution if you file the CIS not later than the seventh day after you receive notice of violation. Therefore, you have two chances to comply. Page 117 46 Appearing before City Boards and Commissions If you appear before your own board or commission in a private capacity, you must recuse yourself from any deliberation regarding that or any matter which could result in a conflict of interest or give the appearance of a conflict of interest. Further, you must not insinuate you are representing your board or commission in the event you choose to appear before the City Council or other board or commission. You must be clear regarding which capacity you are appearing, either as a board member or a private citizen. Page 118 47 TEXAS OPEN MEETINGS ACT By City Council rule, all boards must comply with the Texas Open Meetings Act. The Act generally provides that meetings of a governmental body shall be public, although there are a few exceptions whereby a decision-making body may deliberate in a closed meeting. Written notice must be given of dates, times, and locations of all meetings. Minutes of each meeting must be taken and a record of votes and decisions kept as public record. There are criminal penalties for holding an unauthorized closed meeting for boards with decision-making authority. It is important that when more than two members are in any given place where City business is being discussed, the meeting should be posted as a precautionary measure to avoid the accusation of attempting or conspiring to conduct City business in private. It is also very important that the board limit discussion during meetings to only those items listed on the posted agenda. Conversation or action on items not posted on the agenda would also be considered a violation of the Act. The Open Meetings Act does not apply to purely social gatherings, conventions, or workshops such as Texas Municipal League events. Any specific question or issues should be referred to the City Attorney's office, through the staff liaison. Open Meetings Act The Open Meetings Act (hereinafter called the "Act") is located in Chapter 551 of the Texas Government Code. The Act generally provides that meetings of a board shall be public. There are exceptions to this general rule, as will be discussed. It also requires that the public be given notice of the time, place, and subject of such meeting. It is important to remember when considering the Act's requirements that compliance with its provisions is mandatory, not discretionary. What Constitutes a Meeting? A. Definition of Meeting A board becomes subject to the Act when it conducts a meeting. A meeting is "a deliberation between a quorum of a governmental body, or between a quorum of a governmental body and another person, during which public business or public policy over which the governmental body has supervision or control is discussed or considered or during which the governmental body takes formal action." It also includes "a gathering: (i) that is conducted by the governmental body or for which the governmental body is responsible; (ii) at which a quorum of members of the governmental body is present; (iii) that has been called by the governmental body; and (iv) at which the members receive information from, give information to, ask questions of, or receive questions from any third person, including an employee of the governmental body, about the public business or public policy over which the governmental body has supervision or control." The definition specifically includes a session of a board. Page 119 48 The term "deliberation" is important to define what a meeting is under the Act. Deliberation is "a verbal exchange during a meeting between quorums of a governmental body, or between a quorum of a governmental body and another person, concerning an issue within the jurisdiction of the governmental body or any public business." Included in the meaning of a verbal exchange is written and non-spoken communications. B. Social Gatherings The Act specifically excludes informal or social functions from the definition of meeting. However, if a quorum of a board assembles in an informal setting, it will still be subject to the requirements of the Act if the members engage in a verbal exchange about public business or policy. Therefore, it is important for members of a board to be cautious about the topics of conversation at social gatherings where a quorum of the body is present. C. Employee Briefings Prior to 1999, the Act permitted a board to have briefings by third parties or employees outside of open session. However, the 76th Legislature repealed that provision. The definition of "meeting," as restated above, was amended to specifically include such briefings. Now, a board will be subject to the Act during briefings, even if no deliberations occur. Further, a board may be subject even during public comment sessions of meetings. D. Telephone and Videoconference Meetings Telephone meetings do not comply with the Act. It is considered a secret deliberation, which is not permitted. There are very limited emergency cases whereby it could be conducted. However, any such telephone conferencing should never be conducted without consulting the City Attorney's office. Videoconferencing is allowed only in limited circumstances, and consultation with the City Attorney's office should occur before videoconferencing is considered. Videoconferencing, if/when permitted, shall follow regulations established by State law or the City Council Rules of Procedure. Notice A. Content The Act specifically requires that before a meeting of a board is conducted, written notice of the date, hour, place, and subject matter of the meeting must be properly posted. The content of the notice must be sufficient to apprise the general public of the subjects to be considered at the meeting. Compliance with this provision is often very fact specific. Therefore, it is recommended that the board work closely with the staff liaison and either the City Manager's office or the City Attorney's office when posting the subject matter of each proposed meeting in order to ensure compliance. Page 120 49 B. Place of Posting The Act provides for specific places to post the notice of a meeting, depending on the type of governmental body. For municipal governing bodies, notice should be posted on a bulletin board at a place convenient to the public in the City Hall and the City's website. Additionally, the City Council agenda must be posted on the City's website. The City Secretary's office and/or sta liaison to the board will be able teshall ensure ro er p p ly posting of p4ee-t ese notices. C. Time of Posting The notice of a meeting of a board must be posted in a place readily accessible to the general public at all times at least 72 hours before the scheduled time of the meeting. There are very few emergency exceptions to this rule. In cases of emergency or urgent public necessity where there is an imminent threat to public health or a reasonably unforeseeable situation, a twoone- hour posting is permitted. The notice must clearly identify the emergency or urgent public necessity. A determination that an emergency exists is subject to judicial review. Before any deviation from the "72 Hour Rule,"the City Attorney's office should be consulted. D. Recess in a Meeting A board may continue a meeting from one day to the next day without reposting on any item(s) noted on the original posting. However, notice must be reposted if a meeting is continued to any day other than the one immediately following the posted meeting day, or any item that must be considered. Open Sessions A. Convening the Meeting A meeting may not convene unless a quorum of the board is present in the meeting room. This rule applies even if the members of the board plan to go into closed meeting after convening the meeting. This applies the general rule that the members of the public are entitled to know what members are present for the closed meeting and if a quorum is present. B. Rights of the Public An "open meeting" is one that the public is permitted to attend. However, the Act does not entitle the public to choose items to be discussed. The public or any of the board members may raise a subject not included in the agenda, but the discussion must be limited to a proposal to include that item on the agenda for the next meeting. Moreover, the public has a right to tape or record any open meeting. However, the board has the right to regulate the placement of equipment and the manner in which the meeting is being recorded. Page 121 50 C. Public Comment A board may give members of the public an opportunity to speak at a public meeting (known as Open Microphone). If such a public comment period is permitted, the board may set reasonable limits on the number, frequency, and length of the presentations before it. The opportunity to speak under that category should appear at the beginning. of the board agenda. However, it cannot unfairly discriminate among speakers for or against a particular point of view. Moreover, many quasi-judicial boards are bound legally to permit certain citizens to speak on specific agenda items that relate to the citizen's property. Because such a period is included in the definition of a meeting, it must be posted in the notice of the meeting. The term "public comment" does provide sufficient notice of one of these periods when no deliberation occurs among the board. However, if any of the members of the board or its employees have prior knowledge of the subject matter to be commented on by the public, the item to be discussed must be specifically posted on the notice. D. Final Actions The general rule is that a final action, decision, or vote on a matter deliberated in either an open session or a properly conducted closed meeting (discussed below) may only be made in an open meeting that is held in compliance with the Act. Therefore, a board may not vote with a secret ballot or take action by a written agreement without a meeting. The general rule is that if the board has the authority to make a decision or take an action, the board should act in open session. Closed Meetings A. Overview There are a few exceptions listed within the Act, whereby a board may deliberate in a closed meeting. It is important to remember that pursuant to City policy, if a board of the City of Denton wishes to conduct a closed meeting, the City Attorney's office must be consulted to avoid any violations of the Act. A request for a member from the City Attorney's office should be submitted to that office as soon as possible to provide for legal representation at the closed meeting, if applicable. A certified agenda for that closed meeting must be submitted to the City Secretary's O€fiee office within 3 working days,unless otherwise stated under Section B below. Before a closed meeting may be conducted, a quorum of the board must convene in open session, and the presiding officer must announce that a closed meeting will be held and then identify the section(s) of the Act under which the closed meeting will be held. The posted agenda must also state the specific provisions of the Act under which any closed meeting will be held and a general statement as to the topic to be discussed. B. Provisions Authorizing Closed Meetings Listed below are the most common exceptions available to boards. It is important to remember that the Act will not permit a closed meeting in cases where the City's Charter or another law requires it to be open. Page 122 51 1. Section 551.071: Consultations with Attorney This section allows a board to consult with its attorney in a closed meeting to seek his or her advice on legal matters. This section is often invoked in order for a board to consult with its attorney regarding pending or contemplated litigation. However, it may be held to discuss other legal matters. A discussion under this exception may relate only to legal proceedings or legal matters. General discussion of policy, unrelated to legal matters, is not permitted under this exception. [A certified agenda for this category is not required for discussions held under this category.] 2. Section 551.072: Deliberations about Real Property This section permits a board to deliberate the purchase, exchange, lease, or value of real property in closed meeting. However, this will only be allowed in closed meeting when public discussion of the subject would have a detrimental effect on the board's negotiation position with respect to a third party. It does not allow the board to make a deal in private, without public input or debate. 3. Section 551.073: Deliberations about Gifts and Donations This section permits a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the governmental body. However, this is only allowed if deliberation in an open meeting would have a detrimental effect on the position of the board with a third party as explained above. 4. Section 551.074: Personnel Matters This section permits a closed meeting to deliberate about officers and employees of the board. It is important to note the primary interest protected by this section is the protection of the reputation of the individual officer or employee under consideration. Moreover, this section only permits deliberation in closed meeting on individual officers or employees. Discussion about a class of employees must be conducted in open session. Also, the public officer or employee that is the subject of the meeting may request that session occur in a public hearing. 5. Section 551.075: Deliberation about Security Devices This section permits a closed meeting to deliberate the deployment, or specific occasions for implementation of security personnel or devices. 6. Section 551.086: Competitive Matters of Certain Public Power Utilities This section permits certain boards of public power utilities to deliberate, vote, or take final action on any competitive matter related to the utility in closed meeting. A competitive matter is defined as: "a utility-related matter that the public power utility governing body in good faith believes is related to the public power utility's competitive Page 123 52 activity, including commercial information, and would, if disclosed, give advantage to competitors or prospective competitors but may not be deemed to include" several categories of information specifically set out in the Act. Further, notice of the subject to be discussed in the session is required to contain no more than a general representation of the subject matter. 7. Section 551.087: Deliberation about Economic Development Negotiations This section permits a closed meeting to deliberate commercial or financial information the board has received from a business prospect that it seeks to have locate, stay, or expand in or near the territory of the board and with which it is conducting economic negotiations, or deliberating about an offer of an incentive to such a business prospect. Records of Meetings The Act requires that minutes or a tape recording be kept of each open meeting. These shall be considered public information. Moreover, during a closed meeting, either a certified agenda or tape recording of the session must be kept, except as provided under the Texas Local Government Code, section 551.103, which states, in part, "... except for a private consultation permitted under section 551.071..." The records kept for the closed meeting are considered confidential information and may not be released unless ordered by a court. Penalties and Remedies for Violations of the Act A. Voidability of a Boards Actions If any action by a board violates any provision of the Act, that action is voidable. This means that any interested party may challenge an action of the board in court. If a court finds a violation of the Act occurred, it might declare the particular action by the board is void. A board that has taken action that violates the Act may meet again and validly authorize that action at a meeting where the public has received adequate notice. However, this action is generally effective only from the date of the new meeting and only if the new meeting complies with the Act. B. Mandamus, Injunction, or Declaratory Judgment The Act provides that any interested person, including a member of the news media, may bring an action by mandamus or injunction to stop, prevent, or reverse a violation or threatened violation of the Act. To enforce provisions of the law, a court may require a public official to perform duties imposed on him by law by issuing a writ of mandamus. A mandamus commands the doing of an act, whereas an injunction is issued to restrain an act. Courts have also allowed Page 124 53 parties to bring a declaratory judgment action. In this type of proceeding, a court would be authorized to determine the rights, status, duties, and other legal regulations of various persons, including the public officers. Thus, a court may determine the validity of a board's actions under the Act in such a proceeding. Furthermore, the Act provides that a court may award reasonable attorney fees and litigation costs to the party who substantially prevails in an action brought under the Act. This relief is not mandatory, but rather up to the court. Further monetary damage may be awarded against a board that violates the Act if a court finds the action caused direct monetary damage to the aggrieved party. C. Criminal Provisions A very important issue to note is that the Act does provide for criminal penalties for violations. A member or group of members of a board commits a criminal offense if they knowingly conspire to circumvent the Act by meeting in numbers less than a quorum for the purpose of secret deliberations. A member of a board commits an offense if a closed meeting is not permitted by the Act and the member knowingly: (1) calls or aids in calling or organizing the closed meeting, whether it is a special or called closed meeting; (2) closes or aids in closing the meeting to the public, if it is a regular meeting; or (3) participates in the closed meeting, whether it is a regular, special, or called meeting. It is an affirmative defense if the member acted in reasonable reliance on a court order or a written interpretation of the Act contained in an opinion of a court of record, the Attorney General, or the attorney for the board. Also, a member of a board commits an offense if the member participates in a closed meeting knowing that a certified agenda of the closed meeting is not being kept or a tape recording of the meeting is not being made. Another offense is committed when any person, corporation, partnership, without lawful authority, knowingly disclosed to the public the certified agenda or tape recording of a lawfully closed meeting. Penalties for violation of the Act are a misdemeanor offense, punishable by a fine of between $100 and$500, one to six months in jail, or both. Open Government Training The City of Denton requires all board members to complete open government training through the Texas Attorney General's Office. Training is available online at www.texasattomeygeneral.gov. Upon completion of training, members must submit a completed certificate to the city secretary. Please contact the city secretary or city attorney for specific questions about open meetings requirements. Page 125 54 PROCEDURES FOR CONDUCTING A MEETING The City Council has formally adopted rules of procedure that govern the proceeding of City Council, board, and commission meetings, except where these rules are silent. In that case, the most recent edition of Robert's Rules of Order shall govern. The rules of procedure also address the code of conduct and participation guidelines for citizens, staff, and board members. The City Council Rules of Procedure can be found at: https:Hlibrqa.municode.com/tx/denton/codes/code of ordinances?nodeld=SPAC OOR CH2AD ARTIIADOR S2-29CICORUPR Role of the Chairperson The function of the chairperson is to provide leadership to the group in the following ways: I. To maintain order by enforcing the established rules, and 2. To ensure the meeting proceeds smoothly and follows the agenda. If the group is indecisive, the chairperson should exercise leadership and make suggestions. When debate is concluded, the chairperson should summarize the major points made. In general, the chairperson should maintain order and try to bring the group to a conclusion on matters before it. To facilitate the chairperson's duties, staff should always provide copies of the agenda and corresponding back up material (in either hard copy or electronic form) to all board members before the meeting. Agendas must be made available at the meeting for any members of the public in attendance. The agenda should be prepared by the staff liaison assigned to work with the board. Rules of Thumb Here are a few obvious points that should be followed,but are often forgotten: 1. The chairperson should recognize the person or persons who wish to speak and only they should be allowed to speak. Others should hold their comments until they have been recognized by the chairperson. 2. Discuss only one point at a time. 3. If the meeting is a public hearing, the board should hear the public without making comments until questions are allowed by the chairperson. Page 126 55 Procedural rules of Order NOTE: While this review of parliamentary procedures has been designed to cover the most common situations a board member may encounter during the course of a meeting, these procedures may not always apply. They may be superseded because of legal constraints if the meeting is a public hearing. However, these basic procedures are usually acceptable during most meetings. Answers to complicated procedural questions can be found in Robert's Rules of Order. 1. Making a motion — Before discussion of an issue by board members, a motion should be made and seconded. The making of a motion normally occurs following a presentation or description of the issue by a staff member or chairperson. After the motion is made and seconded, debate can be conducted. Example of the proper form of a motion is: "Mr./Madam Chairperson, I move the following..." 2. Amending a motion — Any motion may be amended as follows: "Mr./Madam Chairperson, I move that we amend the motion by adding, deleting, etc. the following..." The amendment must be seconded before discussion can ensue. When discussion ends, the amendment is voted on first. If the amendment passes, the original motion is then put to vote as amended. If the amendment fails or receives no second, the original motion is put to a vote. 3. Change by a Substitute Motion —Another way to change an original motion is by use of the substitute motion. A substitute motion is simply an amendment that changes an entire sentence or paragraph. It must be seconded before discussion can take place. It may be amended and differs only from an amendment in that if the substitute motion passes, it eliminates the original motion. 4. Table a Motion —This motion is used to lay something aside temporarily to take care of a more urgent matter. It should not be used to prevent debate or to kill a question. To table an item requires a motion and a second. A vote is immediately taken without discussion. Once it has been decided to table an item, such item cannot be brought up again until the board votes to do so by a motion to "Take from the Table", which must receive an affirmative vote. Once removed from the table, the item can be discussed and voted upon. A question laid on the table remains there until taken from the table or until the close of the next regular meeting; if not taken up that time, the question dies. 5. Postpone a Motion—Another method of delaying a decision on a matter is to postpone to a certain day, or to a certain event with a reasonably definable date, the consideration of a motion. This is accomplished by simply making a motion to postpone consideration of the motion until a definite future date or event and having it seconded. The motion to Page 127 56 postpone is then open for discussion. Following discussion, a vote is taken. A motion to postpone indefinitely is a parliamentary strategy which allows members to dispose of a question without making a decision for or against. This type of motion, if passed, allows the item to return before the board or commission at a later date. 6. Point of Order — Any time a member feels an incorrect procedure is being used, the member can interrupt with a point of order request which requires the chairperson to decide the correct procedure. 7. Suspension of the Rules — Occasionally, board members may want to discuss a business item without the constraints of any rules. Unless the by-laws require otherwise, a two- thirds (2/3) vote of the members is needed to suspend the rules. This motion is not debatable and must be voted on upon being seconded. 8. Tie Votes — With the exception of the Planning and Zoning Commission, matters voted on by boards, commissions, and committees, which end in a tie-vote, regardless of the cause, shall be considered a denial. This provision applies to all task forces, ad hoc committees, or other limited duration groups established by the City Council. What is a Quorum? A quorum is the minimum number of members needed to officially conduct business. The quorum may be set by state law, the City Charter, the board's by-laws, or Robert's Rules of Order. Generally, a quorum is a majority of the members of a board or committee unless a different quorum is fixed by by-laws or by rule of the parent body. Approval of an action, except as otherwise provided by law, rule or regulation, requires a majority vote of persons legally entitled to vote, excluding abstentions, at a meeting at which a quorum is present. Public Participation The rules of procedure accommodate public comment on agenda items and public hearings. Members of the public may sign up to speak on regular agenda items by signing up with the recording secretary. Members of the public are also able to speak on items posted as a public hearing. Speakers generally have four minutes to address the board regarding the specific item. appendix seetion of this . The agenda should reflect an item specifically designed to allow for such registration and may limit the number of individuals that can register. Page 128 57 BOARDS, COMMISSIONS & COUNCIL COMMITTEES I. JUDICIAL OR QUASI-JUDICIAL BOARDS (Governmental Board Members) Boards that use decision-making powers apply particular regulations to specific facts to make judgments or decisions on matters within their jurisdiction. The following six board/commissions are judicial or quasi-judicial boards, those that administer particular ordinances or regulations. Board of Ethics • Established by Ordinance No. 18-757 (§2-277 of the Code of Ordinances) • Membership: Seven regular members and three alternate members appointed by the City Council. Preference in appointments shall be given to professionals such as attorneys, architects, engineers, doctors, teachers, pastors, mediators, retired jurists, licensed professional counselors, and those with licenses demonstrating high levels of education or master craftsmanship in the building trades. The Board shall be comprised of at least three (3) members who are attorneys or retired jurists. • Purpose: Implements and enforces the Ethics Ordinance; administers oaths and affirmations, issues and enforces limited subpoenas to compel attendance of witnesses and the production of testimony, evidence, and/or documents as is reasonably relevant to complaints regarding violation of the ethics ordinance. Civil Service Commission • Established by Chapter 143 of the Texas Local Government Code. • Membership: Three members appointed by City Manager and confirmed by City Council. • Purpose: Ensures compliance with Chapter 143 of the Texas Local Government Code governing police and fire. The duties of the Commission include approval of eligibility hiring lists and holding hearings, upon appeal, on matters of promotions, performance, reclassifications, and other civil service issues. Denton Housing Authority Board • Established by Chapter 392 of the Texas Local Government Code. • Membership: Five members appointed by the Mayor. Page 129 58 • Purpose: Prepares, acquires, leases, and operates housing projects. The Board also investigates housing conditions to determine when and where an economically depressed neighborhood exists, identifies revitalization areas, and provides accommodations for persons of low income. Although appointed by the Mayor, the Housing Authority Board operates independently from the City of Denton. Health and Building Standards Commission • Established by Ordinance No. 2010-133 02-261 of the Code of Ordinances). • Membership: Seven members appointed by the City Council with two alternates o One (1) general contractor o One (1) architect or engineer o One (1)person from the plumbing industry o One (1)person from the electrical industry o Two (2) individuals who are associated with the construction, development, or real estate industry o One (1) additional member Ex-officio—city building official. • Purpose: Hears and decides appeals of orders, decisions or determinations made by the Building Official, Code Official, or Fire Marshal relative to the application and interpretation of the requirements of the Denton Code of Ordinances and all other applicable codes of/adopted by the City of Denton. Historic Landmark Commission • Established by Ordinance No. 1980-030 (§35.4.32.3.6 of the Denton Development Code). • Membership: Nine members appointed by the City Council, including at least one (1) representative from each of the following organizations or professions: o County historical commission o County bar association o Architect o Certified public accountant o Owner of real property in the city Ex-officio —Director of Planning, City Building Official, Chairman of the County Historical Commission. • Purpose: Recommends to the Planning & Zoning Commission and City Council those buildings, structures, sites, districts, and areas in the city that the Commission has determined should be preserved and designated as historic landmarks. The Commission also regulates design review for designated properties and districts. Page 130 59 Planning & Zoning Commission • Established by Ordinance Nos. 76-12, 99-057, and 2006-232 (§10.02 of the City Charter); also referenced in §3-5-.442.3.3 of the Denton Development Code). • Membership: Seven members appointed by the City Council. • Purpose: Makes decisions or recommendations to the City Council regarding the Comprehensive Plan, Development Code, zoning regulations, long-range planning, zoning changes, platting, and other development-related policies as required or permitted by State law or Council policy. Zoning Board of Adjustment • Established by Ordinance Nos. 69-1, 94-078, and 99-218 (§10.07 of the City Charter; also referenced in §35�22.3.4 of the Denton Development Code). • Membership: Seven members and three alternate members appointed by the City Council. • Purpose: Provides a vehicle for citizens to appeal zoning interpretations and decisions of the Building Official, and request variances from the zoning and sign regulations in the Denton Development Code. The Board may also make final decisions regarding changes, the reestablishment, or termination of nonconforming uses within the city. II. ADVISORY BOARDS Advisory boards advise or make recommendations to a person or the City Council and have no final decision-making authority. The following bodies serve in an advisory function: Airport Advisory Board • Established by Ordinance No. 97-299; amended by Ordinance No. 2011-055 (§3-2-3-109 of the Code of Ordinances) and further referenced in Ordinance No. 20-240. • Membership: Seven members appointed by the City Council. • Purpose: Serves in an advisory capacity to the City Council on matters relative to airport safety, flight and ground operations, safety and security issues arising from the creation and development of long-term master plans; tenant/stakeholder outreach; the Airport Business Plan and the Airport Master Plan; airport infrastructure improvement or other major projects impacting the airport; grant funding for the airport; and long term financial planning and budgetary issues affecting the airport. Page 131 60 Animal Shelter Advisory Committee • Established by Ordinance No. 2000-460; amended by Ordinance No. 2006-2-30-330 and §823.005 of the Texas Health& Safety Code (§6-6 of the Code of Ordinances). • Membership: Seven members appointed by the City Council, composed of at least: o One (1) licensed veterinarian who has a principal place of business or a residence in the City of Denton o One (1) city official o One (1)person whose who is employed by the City of Denton Animal Shelter o One (1) representative of an animal welfare organization o Three (3) people who are not involved by occupation or membership in any of the above categories • Purpose: Assists the City in complying with the provisions of the Animal Shelter Act and makes recommendations to the City Council regarding methods and procedures necessary to ensure compliance with the Act. Committee on Persons with Disabilities • Established by Resolution No. 18-1741 • Membership: Eleven citizens appointed by the City Council. Each Council Member shall appoint one citizen who resides in his/her respective district and four committee members will be appointed at-large. In the case of the Mayoral, Place 5 and Place 6 districts, citizens may reside in any district of the City. • Purpose: Advises the City in those areas of committee interest including but not limited to, disability concerns such as accessibility and accommodations for City project and activities. Some of the specific projects may include the following: (a) construction of new sidewalks, ramps, and crosswalk features; (b) replacing and repairing existing sidewalks, ramps, and crosswalk features; (c) the creation of an ADA Transition Plan; (d) the planning and development of an adaptive/handicap accessible park; (e) provide guidance on incorporating new or enhanced signage at the City facilities; (f) advise on improvements for new and existing city facilities; (g) provide input on parking lot rehabilitation projects; (h) provide input for improving City operations (i) provide input for improving the operation of other entities; and 0)provide input on Parks and Recreation adaptive activities. Community Development Advisory Committee • Established by Resolution passed by the City Council on September 19, 1978 (resolutions not numerically numbered at that time). Page 132 61 • Membership: Nine members appointed by the City Council. Ex-officio—City Manager, or his designee. • Purpose: Holds public hearings and makes decisions regarding the expenditure of federal Community Development Block Grant and Home Investment Partnership Program monies. Denton Police Department Chief of Police Advisory Board • Established by Resolution No. 20-2085 (§23-177 of the Denton Code of Ordinances. • Membership: Comprised in total of 11 regular members. Seven Citizen Members appointed by the City Council. The remaining members shall be appointed by the City Manager as follows: One officer of the DEPARTMENT at the rank of Assistant Chief or below; One member from the Denton Police Officers Association; One member from the Denton Municipal Police Association; One member from the City Manager's Office. Ex Officio: The Chief of Police may, at his discretion, appoint up to five 5) non-voting members from other organizations, such as the University of North Texas, Texas Woman's University, and Denton Independent School District. • Purpose: Assists with review, gathering of community input, and establishing clear findings, conclusions and achievable recommendations that promote the use of best practices in the use-of-force policies and training for the Denton Police Department. Downtown Denton Tax Increment Financing Reinvestment Zone Board • Established by Ordinance No. 2010-316 and §311.009 of the Tax Increment Financing Act. • Membership: Seven members: two are City Council members, two are either property owners of property located within the Tax Increment Reinvestment Zone or residents whose primary residence is located within the Tax Increment Reinvestment Zone, two are either business owners of businesses located within the Tax Increment Reinvestment Zone or members of the Denton Chamber of Commerce Board of Directors, and one a qualified voter of the City of Denton. • Purpose: Makes recommendations to the City Council concerning the administration of the Zone; prepares and adopts a project plan and Tax Increment Financing Reinvestment Zone financing plan for the Zone and submits the plans to the City Council for approval; prepares, implements and monitors such project and financing plans for the Tax Increment Financing Reinvestment Zone as the City Council considers advisable including the submission of an annual report on the status of the Zone. Page 133 62 Economic Development Partnership Board • Established by Ordinance No. 2017-203 (repealed Ordinances Nos. 2003-258, 2011-042, 2014-009, 2015-074, and 2015-249) (§2.251 of the Code of Ordinances). • Membership: Twelve members: (1) two members from City Council at the time of their appointment, who must also serve on the Tax Increment Reinvestment Zone No. 2 Board; (2) two members from the Chamber Board of Directors at the time of their original appointment who reside or work in the city; (3) two members who will be, or must be currently employed by a top 20 City of Denton ad valorem or sales tax payer and who reside or work in the city; (4) the President of UNT or his/her designee who does not have a city residency requirement; (5) the Chancellor and President of TWU or his/her designee who does not have a city residency requirement; (6) a member with knowledge or experience in general aviation- related matters with no financial interest at the Denton Municipal Airport and who resides or works in the city; (7) a citizen of Denton with specific knowledge skills and abilities to assist in the functions of the Economic Development Partnership Board; (8) a member nominated by the Denton Black Chamber Board of Directors who resides or works in the City; (9) a member nominated by the Hispanic Chamber Board of Directors who resides or works in the City. To aid the City Council in making appointments to the Board, the City Council will appoint two City Council members and one Chamber of Commerce member to act as a nominating committee. After evaluating the recommended nominees, the committee will present to the City Council a slate of Board nominees for City Council approval. Ex-officio — City Manager, or his designee, Chamber President and Superintendent of Denton Independent School District. • Purpose: Provides economic development policy guidance and makes recommendations to the City Council and Chamber of Commerce; reviews, considers and makes recommendations to the City Council regarding branding and marketing for the Denton Enterprise Airport; reviews, considers and makes recommendations to the City Council regarding Denton Enterprise Airport incentive policies as assigned by the City Council or requested by the City Manager; and acts as a recommending body to the City Council for specific airport economic development incentives as assigned by the City Council or requested by the City Manager and permitted by City and State law. Human Services Advisory Committee • Established by Ordinance No. 89-098 (§14-61 of the Code of Ordinances). • Membership: Eleven members appointed by the City Council. Ex officio—City Manager, or his designee. • Purpose: Serves in an advisory capacity to encourage continuous evaluation of the human services delivery system and to recommend actions and funding to the City Council that would provide human services in the city. Page 134 63 Library Board • Established by Ordinance No. 84-162 (§2-176 of the Code of Ordinances). • Membership: Seven members appointed by City Council. • Purpose: Serves in an advisory capacity to the City Council to recommend operating policies, and programs for the operation of the library system. Parks, Recreation and Beautification Board • Established by Ordinance Nos. 99-219 and 2000-436�§11.02 of the City Charter). • Membership: Seven members appointed by the City Council. • Purpose: Serves in an advisory capacity to the City Council to make recommendations regarding issues related to community appearance, beautification, and the environment of the City and the entrances into the City. The Board is charged to stimulate public interest in the development and maintenance of parks and playgrounds and a well-rounded community- wide program to promote close cooperation between the City and citizens so that all park and recreational facilities are used to their maximum benefit. Public Art Committee • Re-eEstablished by Ordinance No. 2006-105; amended by Ordinance Nos. 2013-207; amended by Or-difianee and 19-1156 (§22-6 of the Code of Ordinances). • Membership: Nine members appointed by the City Council. Two of the nine members will be nominated by the Greater Denton Arts Council and appointed by the City Council. Ex-officio—Parks and Recreation Department Director, Economic Development Department Director, and the Greater Denton Arts Council Executive Director. • Purpose: Makes recommendations to the City Council on the commissioning, placing, and the installing of public art; implementation of funding mechanism(s) for public art; effective and efficient management of public art; ongoing maintenance of public art; and the accessioning, deaccessioning, re-siting of public art; and oversight of cultural districts. Public Utilities Board • Established by §12.07 of the City Charter. • Membership: Seven members appointed by City Council. Ex-officio—City Manager and Director of Utilities. Page 135 64 • Purpose: Reviews the department of utilities budget and makes recommendations to the City Council in the format required by the City Manager. The Board is authorized to expend funds for information and advertising. All matters relating to utility policies, capital projects, rates, and the sale and issuance of utility bonds are submitted to the Board for review and recommendation prior to Council consideration. The Public Utilities Board makes recommendations for the Capital Improvement Program pursuant to the provisions in the City Charter. Sustainability Framework Advisory Committee • Established by Resolution No. 20-2085. • Membership: Seven members appointed by City Council. Not less than four (4) of the members of the committee shall have academic, professional, occupational, or volunteer knowledge and/or experience in one or more of the following areas set forth in the Sustainability Framework: air quality; water; energy; transportation; resiliency; education; solid waste; and, land use. • Purpose: Advises the City Council on the implementation of, and matters related to, the Cites Sustainability Framework. Tax Increment Reinvestment Zone Number Two Board • Established by Ordinance No. 2012-366; amended by Ordinances 2014-039, 2014-274, 2015-370, and 2016-354, and §311.009 of the Tax Increment Financing Act. • Membership: Fourteen members, twelve (12) of whom shall be appointed by the City Council. The membership consists of the twelve members of the Economic Development Partnership Board (of whom two must be sitting council members), one member appointed by the governing body of Denton County and one member appointed by the "developer", Rayzor Investments, LLP. • Purpose: Makes recommendations to the City Council concerning the administration of the Zone. Prepares and adopts a project plan and Tax Increment Reinvestment Zone financing plan for the Zone and submits the plans to the City Council for approval. Prepares, implements and monitors such project plan and financing plan for the Zone as the Council considers advisable, including the submission of an annual report on the status of the Zone. Traffic Safety Commission • Re-established by Ordinance No. 2010-317. • Membership: Seven members appointed by the City Council. Page 136 65 • Purpose: Serves in an advisory capacity to the City Council on matters brought forward to the Commission by the City Manager, or his/her designee, or assigned by the City Council which pertains to traffic safety education and publicity; ways and means of improving traffic conditions and safety for motor vehicles; bicycle and pedestrian safety; implementation of traffic control devices; public parking restrictions; or roadway speed limit designations. III. CITY COUNCIL COMMITTEES The Denton City Council has internal advisory committees, as well as representation on local and regional committees. Assignments to the committees are made following the May city council election. Council members submit requests for committee assignments, with committee membership designated following a Council discussion of the requests. Agenda Committee • Established by Ordinance No. 2016-197. • Membership: Mayor, Mayor Pro Tem, City Manager. • Purpose: Reviews the City Manager's proposed City Council agendas as to form and agenda content. Audit/Finance Committee • Established by Resolution No. R2009-015. • Membership: Three City Council members. Ex-officio—City Manager, or his designee. • Purpose: Assists the City Council in fulfilling its organizational oversight responsibilities relating to the audit function, the investment function and other financial related activities as delegated by the City Council. City Council Airport Committee • Established by Resolution No. R2011-009 • Membership: Three City Council members. Page 137 66 • Purpose: Reviews, considers and makes recommendations to the City Council on: the Airport Business Plan and the Airport Master Plan; any airport infrastructure improvement or other major project impacting the airport; the acquisition, review, and consideration of grant funding for the airport; contracts and leases of airport property, including recommending appropriate terms to the City Council; long term financial planning and budgetary issues affecting the airport; and issues raised as a result of interface between citizens, airport tenants, or other interested parties. Committee on Otizen-Community En2a2ement • Established by Resolution Nos. R2012-026 (Committee on Citizen Engagement) and 20- 1873 name changed to Committee on Community Engagement), • Membership: Three City Council members appointed by Mayor and approved by City Council. • Purpose: Advices both the City Council and/or staff regarding the timely distribution of accurate and complete information to Denton citizens and devise methods of engaging Denton Citizens in the various processes of city government. Committee on the Environment • Established by Resolution No. R2009-015. • Membership: Three City Council members. Ex-officio—City Manager or designee. • Purpose: Reviews, discusses, deliberates, and considers environmental issues and resources and make recommendations to the City Council. Also deliberates and makes recommendations regarding any other matter delegated to the Committee by the City Council. Council Appointee Performance Review Committee • Established by Resolution No. R2009-015. • Membership: Three City Council members. Ex-officio—Director of Human Resources. Page 138 67 • Purpose: Assists the City Council in performance review of the Council appointees and to ensure that the appointees' job descriptions are accurate and properly reflect current job duties in order to make recommendations to the City Council to assist the Council in evaluating the job performance of the Council appointees. Additionally, makes recommendations regarding employment agreements, including renewals, of Council appointee positions. Council Mobility Committee • Established by Resolution No. R2009-015. • Membership: Three City Council members. Ex-officio—City Manager, or his designee. • Purpose: Reviews, considers and makes recommendations to the City Council regarding any changes to the Mobility Plan, local transportation policy, and any items concerning regional transportation policies and activities. Hotel n,.,.,,,,.,ney Tax and c.,,..,sors ipCommunity Partnership Committee • Re-established by Resolution Nos. 18-1710 (Hotel Occupancy Tax and Sponsorship Committee) and 20-1471 (name changed to Community Partnership Committee). • Membership: Three City Council members, at least two of whom serve on the Convention and Visitors Bureau Advisory Board. Ex-officio—City Manager, or designee. • Purpose: Monitors allocation and use of both the hotel occupancy tax and sponsorship funds, ensuring HOT funds are being used to directly enhance and promote tourism and hotel/convention industry, ensuring the sponsorship funds are being used to further a charitable cause, economic or community growth and serve a public purpose in the best interest of the general welfare of the City of Denton, recommend organizations to receive funding to the City Council, and other duties as assigned by the City Council. Ad Hoc Council Committees The City Council occasionally creates ad hoc council committees to provide guidance and assistance with short term projects. These committees are dissolved upon the completion of their work. Page 139 68 IV. LOCAL AND REGIONAL COMMITTEES Community Justice Council (Inactive 2018-204-12021) • Established by §76.003 of the Texas Government Code. • City Membership: One City Council member of the most populous municipality in the county that the facility will serve. • Purpose: Provides policy guidance and direction for the development of criminal justice plans and community correction facilities and programs. Convention and Visitors Bureau Advisory Board, • -Established by an agreement between Denton Chamber- of Commefee and City of Denton; er-ea4es an Advisefy Board established by the Denten Chamber-of Commer-ee. • City Member-ship: Three City Couneil members, at least two of W-hom sel=ve on the Hotel • D,,,-pose: Provide ee9rmmeadations to the Denton rr-cVv--dir-eet9r-, Denton G caff ber-of > > > menitaf expeiiditufes of pfegr-am funds while eamplying with State of Texas Tax Code ( > Subtitle > 351) f CVB > > > and a&eeate for- the Denton G3,1B and missieft, Dallas Regional Mobility Coalition • Established by 1997 Interlocal Agreement. • City Membership: n o,.fese tali e of theMust be the Mayor or another member of the City Council. • Purpose: Examines all issues related to transportation and recommends transportation improvements and other related actions for the portion of the Dallas Metropolitan Area served by District 18 of the Texas Department of Transportation(Eastern Subregion). Page 140 69 Denton County Behavioral Health Leadership Team • Per Denton County Behavioral Health Leadership Team Bylaws • City Membership: May be elected official, senior staff, executive, or community member. • Purpose: Convene as a policy making team tasked with improvingplanning, coordination, oversight, and implementation required to create systems change, for behavioral health services in Denton County. Denton County Homelessness Leadership Team • Per Denton County Homelessness Leadership Team am Bylaws • City Membership: May be elected official(s), senior staff, executive, or community member. • Purpose: Convene as a policy making team tasked with improving the planning, coordination, oversight, and implementation required to create systems chance housing/homelessness initiatives in Denton County. Denton County Transportation Authority • Established in January 2002. • City Membership: May be a rRepresentative of the City Council and an alternate. Board members must have professional experience in the field of transportation, business, government, engineering or law. • Purpose: The Board of Directors is responsible for the management, operation, and control of the Authority and its properties. Denton County Workforce Success Leadership Team • Per Denton County Workforce Success Leadership Team Bylaws • City Membership: May be elected official, senior staff, executive, or community member. • Purpose: Convene as a policy making team tasked with improving the planning, planning, coordination, oversight, and implementation required to create systems changefor workforce/employment initiatives in Denton County. Convention and Visitors Bureau Advisory Board • Established by an agreement between Denton Chamber of Commerce and City of Denton; creates an Advisory Board established by the Denton Chamber of Commerce. Page141 70 • City Membership: Three City Council members, at least two of whom serve on the Community Partnership Committee. • Purpose: Provide recommendations to the Denton CVB director, Denton Chamber of Commerce board, and city council; establish goals and priorities for the Denton CVB; monitor expenditures of program funds while complying with State of Texas Tax Code (Title 3, Subtitle D, Chapter 351) and assess effectiveness of CVB programs and initiatives; assist/advise in formulation of budgets for the program; provide recommendations to the Chamber board, city manager and city council; and advocate for the Denton CVB and its mission. Lake Ray Roberts Planning and Zoning Commission • Established by §231.107(3) and §231.107(3)(c) of the Local Government Code. In 1994, the Lake Ray Roberts Land Use Ordinance was approved by voters in Denton County and adopted by the Denton County Commissioners Court. • City Membership: Must be the MayorOne Gity Council representative from each city included in the Lake Ray Roberts area. • Purpose: Reviews and approves land use and development proposals for unincorporated county land in the Lake Ray Roberts area. North Texas Commission • Established in the early 1970s. • City Membership: Cufre nt designation ;s the Mayor Prefer it be an elected official (historically the Maw) otherwise a City employee; can appoint a proxy(historically the City Manager) • Purpose: Public-private partnership dedicated to advancing the vibrancy of the North Texas region. Regional Transportation Council • Established - Independent transportation policy body of the Metropolitan Planning Organization. • City Membership: Representative of the City Council. • Purpose: Oversees the metropolitan transportation planning process, including guidance regarding the development of multimodal transportation plans and programs and programming federal and state funds for the implementation of transportation improvements. Page 142 71 Texas Municipal Power Agency Board of Directors • Established by Resolution No. 75-22 providing for a board with eight members, two appointed by the Denton City Council. •City Membership: Pub lie Utilities Board membe Two representatives approved by the City Council who mqY but need not necessarily be, members of the City Council and/or the Public Utilities Board. Once appointed by City Council, members may only be removed for cause in accordance with the Denton City Charter, Section 14.16. • Purpose: Assists in establishing policies, setting regulations, and overseeing the administration and management of the agency as well as approving and auditing the budget. Miscellaneous Boards and Committees: From time to time, Council Members are called upon to serve as Denton's representatives on a regional board or committee for a short-term project. Often, the appointments are for the duration of the project and the board is dissolved. The City Secretary maintains a record of these commitments and may be contacted for updated information. Page 143 72 ORDINANCE NO. 19-2866 AN ORDINANCE OF THE CITY OF DENTON AMENDING THE CITY OF DENTON COIF. OF ORDINANCES (CODE) SECTION 2-83 (C) TO REVISE THE ABSENCES PROVISION FOR BOARD, COMMISSION, AND COMMITTIEES BY ESTABLISHING PROCEDURES AND DEFINITIONS TO DETERMINE IF AN ABSENCE IS EXCUSED OR UNEXCUSED; PROVIDING FOR A SEVERABILITY CLAUSE: AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Denton creates various boards, commissions, and committees to participate in the City's governmental process, and give input on topics of community importance; and WHEREAS, the City Council recognizes that board, commission, and committee membership is a significant time commitment for Denton residents; and WHEREAS, the City Council understands that there will be instances where board, commission, and committee members will be unable to attend every meeting of their respective board, commission, or committee; and WHEREAS, the City Council desires to establish a fair process to determine if absences of board, commission, and committee members should be classified as excused or unexcused; and WHEREAS, Rules and Procedures for Boards, Commissions, and Committees are conducted in accordance with Section 2-83 of the Denton City Code of Ordinances; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Section 2-83 Subsection (c) of the City Code is hereby amended to read as follows: (c) .4bsences. Every board, commission, and committee member shall attend all regular scheduled meetings of the board, commission, or committee of which he or she is a member. For purposes of section 2.83(c), the phrase "board, commission, or committee" includes subcommittees, panels, ad hoc groups and task forces. Members who cannot attend the meeting must contact the chairperson or an appropriate staff liaison to report his or her absence before the start of the meeting and provide the reason why he or she is unable to attend the meeting. (1) All absences will be categorized as either excused or unexcused, according to the following criteria: a. Excused Absences: An excused absence of any board, commission, committee member shall include the following: personal or family illness, death of a family 73 member, jury duty, service in the armed forces, testifying before the legislature, attending a seminar involving municipal matters of importance to the member's duties. or an absence necessary for the member's business or employment. Members should submit documentation for the excused absence to the City Secretary for approval. In the event the City Secretary finds it is not clear whether an absence meets the criteria above, she shall promptly notify the member in writing, that if the member wants the absence excused they will be required to go through the process outlined in Section 2.83(c)(1)(b). b. Request for Absence to be Excused: In the event the absence does not meet any of the above noted criteria for an excused absence, the member may submit a request to have the absence excused to the City Secretary's Office in writing no later than ten business days after the date the absence occurred. The City Secretary will then place an item on the next available city council agenda for their consideration, in accordance with the Texas Open Meetings Act. c. Unexcused Absences: Any absence which does not qualify as an excused absence under another subsection herein shall be considered an unexcused absence. (2) Calculating Ten Business Days: For purposes of calculating ten business days, the "computation of time" provision in Section 1-2 of the Denton Code of Ordinances shall apply. (3) Absences Resulting in Cause for Removal. An unexcused absence of any board, commission, committee, member from more than three (3) regularly called and scheduled meetings of which he or she is a member in any one (1) year, or lack of attendance at fifty (50) percent of the number of regular/scheduled meetings in a year , shall be considered "cause," as that term is used in section 14.16 of the Charter, for removal by the city council. An office that has been vacated under the provisions of this section shall be filled for the remainder of the term using the standard appointment process. (4) Reporting and Violations: Attendance reports will be provided by boards, commissions, committees, subcommittees, or panels to the city council via the City Secretary's Office on a quarterly basis. The staff liaison shall immediately notify the City Secretary's Office of any member's violation of the attendance requirements and shall not wait until the quarterly reporting process. Copies of this ordinance shall be forwarded to existing members of all of the standing boards, commissions, committees, subcommittees, or panels and to new members as they are appointed. SECTION 2. The provisions of this Ordinance are severable, and the invalidity of any phrase, clause, or part of the Ordinance shall not affect the validity or effectiveness of the remainder of the Ordinance. 74 SECTION 3. This ordinance shall become effective immediately upon its passage and approval. - — — The motion to a prove this ordinance was made by and seconded b the ordinance was passed and approved by the follo ing vote -A2J: Aye Nay Abstain Absent Chris Watts, Mayor: Gerard Hudspeth, District 1: Keely Briggs. District 2: Y .Jesse Davis, District 3: John Ryan, District 4: Deb Annintor,At Large Place 5: v Paul Meltzer,At Large Place 6: V PASSED AND APPROVED this the day of r 20. CHRIS TTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY OHO � a BY: v '� APPROVED AS TO LEGAL FORM: * �� AARON LEAL ITY ATTORNEY BY. 75 Denton Code of Ordinances Chapter 2-Administration ARTICLE III.-BOARDS,COMMISSIONS AND COMMITTEES DIVISION 3.-RULES AND PROCEDURES Sec.2.83(c)—General rules. (c) Absences. Every board, GeMMOSSiOR, and GGrnmittee member shall attend all regulady Galled and Ghairpersen or an apprepri-ate staff Hai ig his OF her absenGe prior to the MeetiRg. The regulwly Galled and ;r-hQdu1ed meetings of the heard, GOFFIFFlission, Or GE)FnrA'ttPP of whar-h he or she meetings OR a year, unless SUGh abseRGe 'S eXGUsed, shall be Gensidered "Gause," as that term is used on seGtien 14.16 Of the Charter, fer removal Of the member by the Gity GeunGil ftem SLAGh beard, GOMmissien, OF GOMMittee. AR eXGUsed abseRGe shall inGlude persenal OF family illness, death Of a family member, jury duty, seN'Ge on the armed feFGeS, testifying befere the legislature, atteRding a seminar invelving MURiGnpal matters Of impertanGe to the member's duties, abseRGe neGessary for board, GOFFIMISSiOR, OF GOFFI.P.Alittee flilinid-s qualify as an eXGUsed abSeRGe. AttendanGe reports will be pFevided by boards, GOrnmissions, and GGMMottees to the Gity GOURGil on a quarterly basis for their SGheduled meetings of the board, GOFFIrnissien, OF GGFFImittee Of whiGh he or she is a member. The,- - issmens m m on,and nnittees and to ne members as they are appointer! Every board, commission, and committee member shall attend all regular scheduled meetings of the board, commission, or committee of which he or she is a member. For purposes of section 2.83(c),the phrase "board, commission, or committee" includes subcommittees, panels, ad hoc groups and task forces. Members who cannot attend the meeting must contact the chairperson or an appropriate staff liaison to report his or her absence before the start of the meeting and provide the reason why he or she is unable to attend the meeting. (1) All absences will be categorized as either excused or unexcused, according to the following criteria: a. Excused Absences: An excused absence of any board, commission, committee member shall include the following: personal or family illness, death of a family member, fury duty, service in the armed forces,testifying before the legislature, attending a seminar involving municipal matters of importance to the member's duties, or an absence necessary for the member's business or employment. Members should submit documentation for the excused absence to the City Secretary for approval. In the event the City Secretary finds it is not clear whether an absence meets the criteria above, she shall promptly notify the member in writing,that if the member wants the absence excused they will be required to go through the process outlined in Section 2.83(c)(1)(b). b. Request for Absence to be Excused: In the event the absence does not meet any of the above noted criteria for an excused absence,the member may submit a request 76 to have the absence excused to the City Secretary's Office in writing no later than ten business days after the date the absence occurred.The City Secretary will then place an item on the next available city council agenda for their consideration, in accordance with the Texas Open Meetings Act. c. Unexcused Absences: Any absence which does not qualify as an excused absence under another subsection herein shall be considered an unexcused absence. (2) Calculating Ten Business Days: For purposes of calculating ten business days,the "computation of time" provision in Section 1-2 of the Denton Code of Ordinances shall apply. (3) Absences Resulting in Cause for Removal:An unexcused absence of any board, commission, committee, member from more than three (3) regularly called and scheduled meetings of which he or she is a member in any one (1)year, or lack of attendance at fifty(50) percent of the number of regular/scheduled meetings in a year, shall be considered "cause," as that term is used in section 14.16 of the Charter,for removal by the city council.An office that has been vacated under the provisions of this section shall be filled for the remainder of the term using the standard appointment process. (4) Reporting and Violations: Attendance reports will be provided by boards, commissions, committees, subcommittees, or panels to the city council via the City Secretary's Office on a quarterly basis. The staff liaison shall immediately notify the City Secretary's Office of any member's violation of the attendance requirements and shall not wait until the quarterly reporting process. Copies of this ordinance shall be forwarded to existing members of all of the standing boards, commissions, committees, subcommittees, or panels and to new members as they are appointed. 77 Exhibit 3 o-40" City Manager's Office DENTON 601 E. Hickory St., Suite A, Denton, TX 76205 • (940) 349-8307 MEMORANDUM DATE: November 9, 2020 TO: Mayor and City Council Members FROM: Frances Punch, Chair, Parks and Recreation Board SUBJECT: Request to amend Ordinance 19-2866 First, and foremost, I would like to thank the Mayor and Council members for allowing me to serve as the Chair of the Parks,Recreation and Beautification Board over the course of the last two years. During the last eight months,the pandemic has caused great challenges for the community. The BOARD and I, appreciate your diligence in leading the community through these uncertain times. Background: On January 28, 2020, City Council adopted Ordinance 19-2866 updating absence provisions for boards, commissions, and committees and establishing how an absence will be determined to be excused or unexcused. Excused Absence: An excused absence shall include the following: •personal or family illness, • death of a family member, •jury duty, • service in the armed forces, • testifying before the legislature, • attending a seminar involving municipal matters of importance to the member's duties, and • absence necessary for the member's business or employment. On March 2, 2020, the Parks and Recreation Department (PARD) presented the updated policy amendments to the Parks, Recreation and Beautification Board (BOARD) to review Ordinance 19-2866 and clarify any questions regarding the absenteeism process. There was no direction provided as the discussion was for informational purposes. On August 10, 2020, I received a request for an excused absence for the August 17, 2020 BOARD meeting from a Board member. Notification was received in a timely manner with detailed information regarding the need for the absence. "I have to pick up my minor child from the airport. It has to be the parent". The request for the excused absence was denied stating the purpose of the absence does not meet the excused absence criteria. Additionally, in light of COVID 19, the BOARD has experienced more absenteeism, especially since the meetings have been moved from the traditional 6:00 PM to during the work day. OUR CORE VALUES Integrity • Fiscal Responsibility • Transparency • Outstanding Customer Service 78 At the September 14,2020 BOARD meeting,I requested a future agenda item regarding Ordinance 19-2866. The discussion was intended to help clarify excused and unexcused absences as well as provide the opportunity to identify and recommend to the City Council possible recommended changes to Ordinance 19-2866 should the BOARD decide such is necessary. I believe the additions of"Family Responsibilities" and"Pandemic/World Events/Emergency Situations"to the excused absence criteria will broaden the available options and facilitate Board members time management. Recommendation: Chair,representing the BOARD, recommends consideration for adding"Family Responsibilities" and "Pandemic/World Events/Emergency Situations" to the Boards, Commissions, and Committees excused absence criteria of Ordinance 19-2866. 2 79 B&C Ntmber Attendance Reporting Guideline On January28,2020,City Council adopted Ordinance 19-2866 updating absence provisions for boards,commissions, and committees and establishing howan absence will be determined to be excused or unexcused. Definition Excused Absence:An excused absence shall include the following: • personal or family illness, • death ofa family member, • jury duty, • service in the armed forces, • testifying before the legislature, • attending a seminar involving municipal matters of importance to the member's duties, and • absence necessary for the member's business or employment. Process for Absenteeism Step 1:Notify the City Secretary in writing ofyour inability to attend the upcoming meeting • Send the notification in writing to City.Secreta�yofdenton.com. An email will suffice. No other documentation is needed. • Your notification needs to indicate the reason for your absence. Refer to the criteria in the Definition section above. • Copy the Board/Commission Chair and City Sta$'Liaison on the email sent to the City Secretary. NOTE: This notice should be timely in case the absence does not meet the criteria for excused and you mould like to request for the absence to be excused by Council(as shown below). Step 2: 'Ihe City Secretary will review the notification sent in Step 1 and determine ifthe absence meets the criteria for an excused absence. ffthe City Secretary determines the purpose for the absence: • Nbets the criteria for an excused absence: You will be notified the absence is excused and no other action is required on the member's part. • Does not meet the criteria for an excused absence: The member will be notified promptly via email the purpose forthe absence does notmeetthe excused criteria and thatthe absence willtherefore be considered unexcused. The member has the option to let the absence stay as unexcused or within 10 days after the absence occurred,followthe process noted in the Request for Absence to be Excused section shown below. • Is unclear:NEmber will be notified promptly via email the purpose stated is unclear on whether it meets the criteria for an excused absence. The member will have 10 days after the absence occurred to submit a request to the City Secretary to have the absence reviewed to determine if excused or unexcused. ff so, followthe process noted in Request for Absence to be Excused shown below. (If Needed)Request for Absence to be Excused By City Council:In the event the absence does not meet any of the above `Excused Absence"criteria, the member may submit a request to have the absence excused to the City Secretary's Office in writing no later than 10 business days after the date the absence occurred. The City Secretary will then place an item on the next available City Council agenda for their consideration,in accordance with the Texas Open ltetings Act City Council Determination: The City Secretary will inform the member, Chair, and staff liaison for the respective board,commission,or committee the decision ofthe City Council. Board/Commission/Committee Action: On the next available board,commission,or committee meeting,the Chair will announce the final determination ofinember absences and ifexcused or not The announcement will be noted on the Nleeting Nlnutes to be adopted by the board at a future date. 80 April 2021 1 2 3 Cancelled-8:30 am-DEDC 4 5 6 7 8 9 10 9:00 am—COE 3:00 pm - CC Work Cancelled-2:30 pm Session Agenda Committee 1:00pm-AAB 11:00am—PUB/CC joint meeting 6:3 0 pm CC Re g u la r Session 5:00pm-P&Z 12:00 pm—SC Council Cancelled-3:00 p.m-HLC 11 12 13 14 15 16 17 9:00 am-PUB 2:00 pm -2nd Tuesday 11:00am-EDPB 9:00am-ComunmityDevAdv Se ssio n 12:30 pm-DCRC Comm 5:30 pm-AAB 12:00 pm-Human Svcs Adv Comm 18 19 20 21 22 23 24 11:30 am-Traffic Safety 2:00 pm - CC Work 9:00 am- Ivbbility Conm ittee 9:00-Corimmnity Partnership 1:00pm Audiffinance Commission Se ssio n Ivbeting Committee 6:30 pm - CC Regular 12:30pm-DCRC Se ssio n 5:00 pm-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 81 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 82 June 2021 1 2 3 4 5 o Council Meeting 8:30a.m.DEDC 10:00 Conumuiity Engagement 6 7 8 9 10 11 12 9:00 am COE 2:00 p m 2n d Tu e sd a y 11:00 a.m.EDPB 3:30 p.m Library Board Se ssio n 5:30 pm-AAB 11:30 am Council Luncheon 13 14 15 16 17 18 19 9:00 am PUB 2:00 pm CC Work Session 9:00 a.m.1bbbility Committee 6:30 pm CC Regular Nbeting Se ssio n Animal Shelter Advisory 3pm 20 21 22 23 24 25 26 11:30amTra$cSafety 10:00am-CAC 9:00ConramityPartnerhship 10:00amAudit/Finance Connnission 2:00 p m 4th Tue sd a y Conmrittee Se ssio n 3:00 pm Board ofEthics 27 28 29 30 9:00amPUB No Council Meeting 83 4/2/2021 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 0 Legal IR 0 1 2 3 4 Fire Police Tech Services •' Airport - Requests made by Quarter Public Affairs/Customer Svc Economic Development zoo 159 158 Development Svcs Finance � 100 0 Audit Lob.— —..MA 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 7 Request 84 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 i 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. 2 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 the April 2 Friday Report Council Member Armintor 03/30/21 A resident told me they just found out about a new GED program at the MILK Rec Center. I was Gary Packan Public Works-Parks Information will be provided in the April 2 Friday Report 3 very pleased to hear about that,and would love to learn more!Can you tell me anything more about that(when it starts,if it's an agreement between DISD and the City,how and when it was decided, etc)?It would make a good staff report if there hasn't been one already. Council Member Meltzer 03/30/21 Would it be hard to find out what total residential electricity billings were for the thirty days that Christa Foster Public Affairs Information will be provided in a future Friday Report 4 included the storm and for the subsequent thirty days? Or average bill vs.average bill,whichever is easier. 5 Council Member Ryan 03/30/21 Are the AMI smart meters were zigbee compliant. Antonio Puente DME Information will be provided in a future Friday Report Mayor Pro Tern 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 6 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. Mayor Pro Tern Davis 04/01/21 Could we please conduct additional speed enforcement on Georgetown Dr.,and explore digital Becky Diviney Public Works-Traffic Information will be provided in a future Friday Report 7 "watch you speed"speed limit signs?The neighborhood has noticed a substantial uptick in speeders recently. Exported on April 2,2021 3:41:50 PM CDT 85 Page 1 of 1 Cityof Denton City Hall 215 E. McKinney St. Denton,Texas 76201 www.cityofdenton.com DENTON Meeting Agenda City Council Tuesday,April 13,2021 2:00 PM Council Work Session Room SPECIAL CALLED MEETING WORK SESSION BEGINS AT 2:00 P.M.IN THE WORK SESSION ROOM CITY COUNCIL CONSIDERATION OF THE CONSENT AGENDA AND ITEMS FOR INDIVIDUAL CONSIDERATION WILL BEGIN IMMEDIATELY FOLLOWING THE CLOSED MEETING IN THE COUNCIL WORK SESSION ROOM Note: Mayor Gerard Hudspeth, Mayor Pro Tern Jesse Davis and Council Members Birdia Johnson, Connie Baker, John Ryan, Deb Armintor and Paul Meltzer will be participating in the work session 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 13, 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 9, 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 Page I Printed on 41212021 86 City Council Meeting Agenda April 13,2021 • 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. • 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 13, 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 Audit Project 019- Municipal Court Payments. B. ID 21-383 Receive a report, hold a discussion, and give staff direction regarding the Hartlee Field development project and a request for consideration of a public improvement district. C. ID 21-384 Receive a report, hold a discussion and give staff direction regarding a mid-year update for the Denton Economic Development Partnership. D. ID 21-499 Receive a report, hold a discussion, and give staff direction regarding a request for a resolution of the City of Denton stating no objection the JES Dev Co, Inc. 4% housing tax credit application to Texas Department of Housing and Community Affairs for proposed new construction of Pebblebrook Parkside Apartments to provide affordable rental housing and providing an effective date. E. ID 21-662 Receive a report,hold a discussion,and give staff direction regarding City Hall West. F. ID 21-553 Receive a report, hold a discussion, and give staff direction regarding the Southwest Park Page 2 Printed on 41212021 87 City Council Meeting Agenda April 13,2021 Master Plan for the City of Denton park system. G. ID 21-190 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. 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. Following the completion of the Closed Meeting, the City Council will convene in a Special Called Meeting to consider the following items: 1 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 — F). 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 21-650 Consider approval of the minutes of April 5,2021. B. ID 21-644 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation ("City"), approving the purchase and exchange of (1) a 2.960 acre fee simple tract; (2) a 1.550 acre fee simple tract; and (3) a drainage easement encumbering 0.029 acres, each located in the David Hough Survey, Abstract No. 646, Denton, Denton Page 3 Printed on 41212021 88 City Council Meeting Agenda April 13,2021 County, Texas and owned by Kevin Nelms and Richard Greb and wife, Nancy Greb ("Nelms-Greb"), for a 3.457 acre tract, also located in the David Hough and owned by the City, plus the payment by City of $248,793.00(the "Purchase and Exchange"); authorizing the City Manager in accordance with Texas Local Government Code §272.001(b)(3) to execute a real estate Purchase and Exchange agreement with Nelms-Greb, together with any other documents necessary to close the Purchase and Exchange; authorizing the expenditure of funds therefor; and providing an effective date. C. ID 21-637 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 CivicPlus, LLC, for website design, hosting, and maintenance for the www.cityofdenton.com <http://www.cityofdenton.com> website for the Public Affairs and Customer Service Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 7456 - awarded to CivicPlus, LLC, 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$150,000.00). D. ID 21-638 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 Universe Technical Translation, Inc., through the Buy Board Cooperative Purchasing Network Contract # 614-20, for the purchase of telephone interpreter services for Customer Service; providing for the expenditure of funds therefor; and providing an effective date (File 7524- awarded to Universe Technical Translation, Inc., for one (1) year, with the option for two (2) additional one (1) year renewals, in the total three (3) year not-to-exceed amount of$300,000.00). E. 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). F. ID 21-646 Consider adoption of an ordinance of the City of Denton authorizing the Interim City Manager to enter into a development agreement between the City of Denton and Denton Sagebrook LP, for the dedication of park land for a city park at the Sagebrook development; authorizing acceptance of land; and providing an effective date. 2. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 21-652 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. Page 4 Printed on 41212021 89 City Council Meeting Agenda April 13,2021 3. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 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 9, 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 5 Printed on 41212021 90 FUTURE WORK SESSION ITEMS MATRIX As of April 02,2021 Meeting Date Currently Slated Work Session Items 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 6-April 2021 Inclement Weather Update: Certified Agenda Process for Internal Audit-Utility Payment [Regular @ 3:D0 p.m.] Public Works:Fleet Closed Meetings Policy for Naming of Parks Assistance Program Council Requests 21-550 21-207 20-2320 20-2554 21-189 Southwest Park Master Plan 4%Housing Tax Credit Review 13-April 2021 21-499 21-553 [Special] Municipal Court Payments City Hall West Hartlee Field Development Mid-Year DEDP Update Audit Council Requests 21-662 21-383 21-384 20-2553 21-190 Village of Carmel Master Plan Bowling Green Parks Master LED Streetlighting 21-680 Plan 20-April 2021 TBD 21-678 Budgets,rates,and fund [Regular] Qualifying Expenses for Tax Funding Recommendations balance for Electric,Water, Mosquito Abatement Exemption of Historic Sites from CDAC&HSAC Wasterwater and Solid Waste Council Requests TBD 21-442 21-500 21-631 21-191 27-April 2021 Update on ETJ Items Hinkle Round About Council Requests [Special] TBD 21-617 21-192 3-May 2021 [Luncheon] 4-May 2021 [Regular] Runoff Elelction Locations Council Request 21-280 21-434 Canvass General Election& 11-May 2021 COVID Update Denton Trails Update Reception Council Request [Special] 21-635 21-555 TBD 21-435 Parkland Dedication& 18-May 2021] Development Ordinance Construction Code Review Westgate CIP Update Council Request [Regular] 21109 TBD 21-616 TBD 21-436 25-May 2021 Leak Adjustment Ordinance Council Request j 21-557 21-437 No meeting-Day after Memorial Day Holiday 7 June 2021 [Luncheeonon]] Joint Meeting with City/DHA [ TBD 8-June 2021 'FY 2021-22 Proposed Budget, [Special] CIP&5-Year Financial Forecast Delegated Authority Council Request 21-451 TBD 21-560 15-June 2021 2FY 2021-22 Proposed Budget, Community Services-HSAC [Regular] CIP&5-Year Financial Forecast and CDAC Council Request 21-452 TBD 1 1 121-561 22-June 2021 3FY 2021-22 Proposed Budget, CIP&5-Year Financial Forecast Council Request [Special] 21-453 21-562 29-June 2021 No meeting-5th Tuesday 20-21 Utilities Budget and Tree Ordinance Review Rates August 2021 DIVE Solar Programs 20-2261 N C Legislative Update Redistricting Update Stormwater Master 21-080 LED Lighting and Birds session June/July 2021 20-1661 a � CA m C B&C Handbook(Including �_ � Dev.Districts Policy Manual Attendance Policy) Canopy Trails N f0 TBD 21-271 TBD OJ Fund Balance Policy(General Internal Audit-Building Fund,Internal Service Fund, Permits Mobility Plan Utilities) TBD TBD 20-2394 Internal Audit-Water Economic Development Catalyst Fund Discussion Production&Distribution Programs and Policy (Included in Budget TBD Discussions discussions) TPID update 91 Street Closure Report IMPROVING "TM Upcoming Closures F)FNT(CIN OF DENTON Week of April 5,2021 -April 11,2021 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Departme 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. Concrete Sidewalk Repair.The process starts with Barricading Chimney Rock San Felipe Memorial 04/19/21 05/21/21 the failed sections of concrete Streets N/A (940)349-7146 Sidewalk,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 Scripture Lovell Normal 04/30/21 05/02/21 Loading Crane onto Jobsite Public Works NextDoor,Message (940)391-2956 Inspections Boards 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 9 Upcoming Closures 92 Street Closure Report IMPROVING cn F Current Closures DFNI DENTON Week of April 5,2021 -April 1 I,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. Water Distribution will be Crescent Fulton Coit 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 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. Current Closures 93 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department Start Date End Date Info/Notes Meeting Communication Contact 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. 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. 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 94 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department Start Date End Date - AMInfo/Notes Meeting Communication Contact Concrete Street Panel and Sidewalk Repair.The process Salon Ct Thorough Cul v Sac 04/05/21 04/30/21 starts with Barricading the failed Streets N/A (940)349-7146 bred sections of concrete pavement, remove the pavement,and install new concrete. 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 04/30/21 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 04/30/21 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 Current Closures 95 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department Start Date End Date Info/Notes Meeting Communication Contact This project will consist of the removal and replacement of failed sections of curb and Woodhaven Msitywood Emerson 04/05/21 07/14/21 gutter,the milling off the old Streets N/A (940)349-7146 asphalt and base material,lime stabilize the subgrade and the installation of new asphalt pavement. Total 23 Current Closures 96 Street Closure Report IMPROVI F)F:'NlrlrcrN' �� i Completed Closures P PDENTON Week of A ril 5 2021 -A ril 112021 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department Start Date End Date Info/Notes Meeting Communication Contact 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. 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 Completed Closures 97 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department Start Date End Date Info/Notes Meeting Communication Contact 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. 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. Cresent Coit Caroll 03/01/21 03/05/21 Repair spalling on bridge deck. Streets N/A (940)349-7146 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) 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. 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 Notification,Social 940-205-8278 Private 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. Completed Closures 98 Street/Intersection From MTo Closure Closure Description Department Upcoming Public Other Department Start Date End Date Info/Notes Meeting Communication Contact 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 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. 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. Total 17 Completed Closures 99