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091622 Friday Staff Report City Manager's Office "F 215 E. McKinney St., Denton, TX 76201 • (940) 349-8307 DENTON MEMORANDUM DATE: September 16, 2022 TO: The Honorable Mayor Hudspeth and Council Members FROM: Sara Hensley, City Manager SUBJECT: Staff Report Upcoming Meetings A. Work Session of the City Council on Tuesday, September 20, 2022 at 3:00 p.m. in the City Council Work Session Room followed by a Regular Meeting at 6:30 p.m. in the Council Chambers. B. Sustainability Framework Advisory Committee on Friday, September 23, 2022, at 1:00 p.m. in the City Council Work Session Room. OUR CORE VALUES Integrity • Fiscal Responsibility • Inclusion • Transparency • Outstanding Customer Service General Information & Status Update A. Pending Council Requests Work Session Topics—Pursuant to Ordinance No. 21-1837,the following items will be discussed during the August 2 Council Work Session. Each week, the topics included on the next week's agenda will be in the Friday Report with more information, including the specific request language and staff information, available in the posted agenda for that meeting. (a) A Work Session to discuss and review the prospect of eliminating from City policy all unnecessary employee drug testing, except where unambiguously legally required by state or federal law. (b) A Work Session to discuss and review the status of TXDOT roads the City intends to take back, and amendment of the Mobility Plan to include a roundabout at the intersection of Eagle, Bell, Dallas, and Locust. Staff contact: Jennifer Rainey, City Manager's Office B. Minority/Women Business Enterprise(M/WBE)-The Purchasing Department developed the M/WBE program in Fiscal Year 2020-21 to actively engage historically underutilized businesses(HUBS)in the City and Denton County,ensuring HUBS are included in business opportunities throughout the procurement process.Program initiatives included developing vendor training on registering as a HUB with the State and City, developing outreach material on the procurement process, and creating internal tracking tools to report on contracting and spending with HUBs. Initiative Status Activity Description On-line Workshop HUB registration; Vendor Training Complete with Economic procurement Development process; responding to solicitations Step-by-step guide Procurement Guide on doing business Outreach Complete with the City Upload information Vendor Catalog on services and products provided Contract Awards Value awarded to HUBS Reporting On-going Purchase Orders Value paid to HUBs Issued Amazon Purchases Purchases with registered HUBs In the current fiscal year, approximately 7.6 percent of purchase orders and 5.8 percent of contract awards are to HUBs. 3.1 percent of Amazon purchases have been made with HUBs. The Procurement Department will continue to identify and implement activities as part of the M/WBE program to encourage and promote HUB participation with the City. Long term, a disparity study is needed to develop a formal plan with goals and target metrics for 2 HUB participation. Procurement is finalizing the second year of data collection and plans to secure a professional service agreement to perform the study in fiscal year 2023-24,after collecting three years of data. Staff contact: Cassandra Ogden, Finance C. Brian Boerner elected to TxSWANA Leadership —Brian Boerner was elected to serve as the 2023 Vice President of the Lone Star Chapter of the Solid Waste Association of North America(TxSWANA).With a membership of approximately 600 public and private sector solid waste professionals, TxSWANA is committed to advancing the solid waste management industry through a shared emphasis on education,advocacy, and research.As the leading local association in the solid waste management field, TxSWANA serves industry professionals through technical conferences, certifications, publications, and a large offering of technical training courses. TxSWANA operates as a 501(c)(3) organization and is managed by a Board of Directors duly elected at the association's annual meeting held in August. Staff Contact: Brian Boerner, Solid Waste and Recycling D. Security Enhancements to City Hall — In April 2022, the Council was notified of an unauthorized entry into City Hall and staff s subsequent review of facility security at that location. Additionally, City Hall security was further discussed by the Council on June 24, at which time staff notified the Council that it would be implementing a number of security enhancements over the ensuing months. Among the enhancements discussed were gated areas around the DTV access and basement access doors on the southeast side of the facility and gated access to the rear parking lot. The installation of gated access to the DTV and basement access doors has begun and will take approximately 10 days to complete. The installation of gates at the rear parking lot is expected to begin in mid-October. Staff will notify the Council of those dates when access to the rear parking lot may be affected. Once the gates are installed, they will be accessible using a City of Denton ID badge. Staff contact: Ryan Adams, City Manager's Office E. New Service Available Online: Commercial Solid Waste Service Scheduling — Customer Service is excited to provide commercial customers with a new tool for scheduling solid waste services without having to call. The Commercial Solid Waste Service Request form is the newest addition to a growing number of tools available to our customers. Customers can schedule the following services: • Empty Containers(including an extra empty of a container on a set collection schedule) • Remove Containers • Container Relocations • Lockbar Services • Bulk& Brush Collections The form requires service to be scheduled at least 2 business days in advance. Employees of commercial customers scheduling services will need to provide their employee ID to aid in identity verification. If service is being scheduled by a 3rd party contractor who manages service for the account,the federal tax ID of the business must be provided or the document authorizing account management must be uploaded each time a request is submitted. The new commercial solid waste service request form is available on the City of Denton website at www.cityofdenton.com/paymybill. The form is in the self-service options near the top of the page. 3 All request forms are mobile-friendly and available 24 hours a day. Customers should contact Customer Service at 940-349-8700 or customer.service(acityofdenton.com with questions. Staff contact: Christa Foster, Customer Service and Animal Services. Pesidents Government Departments Business Hovv Do I I Account Services rome,cew�tmec�umaies.coswmer xrrice Contact Us COVID-19 Relief Customer Service Utilities Customer Online Bill Pay/ Service Account Self-Service Options Physical Address Management V View Map Apply for Commercial Solid Waste 601 E Hickory Street Leak Adjustment Service Request Denton.TX 76205 Pay as You Go Fire Hydrant Meter Lookup Account Pa Payment Lions Contract Application Status Y P Directions Online Bill Pay 8 Residential Solid Waste QLess Account Management Service Request Phone;940-349-8700 Transferor Terminate Residential Utility Service Hours Rates(PDF) Monday through Friday DIVE Terms of Leak Adjustments 8a.m.-5 p.m. Service City of Den to ers who have experienced high bills Utilities Customer F. City of Denton Marketing Team Recognized for Senior Recreation Guide — The City of Denton was awarded the Savvy Award for Creative Marketing and Communications at the City-County Communications and Marketing Association (3CMA) conference on September 8 for the work they did in conjunction with Parks and Recreation staff to create the Denton Senior Recreation Guide. The Senior Recreation Guide was also among a shortlist of finalists for 3CMA's Diamond Award. Staff contact: Stephanie Gray, Marketing and Communications G. Denton Parks and Recreation at DFW Director's Six Pack — The Denton Parks and Recreation placed third overall at the DFW Director's Six Pack on Friday, September 9 at Lloyd Park at Joe Pool Lake in Grand Prairie. The Director's Six Pack is an annual fundraising event hosted by a local Parks and Recreation Department that brings together several other Parks and Recreation departments in a day of athletic competition. Events this year included volleyball, corn hole,human foosball, archery, golf cart polo, and kayak races. Denton's Parks and Recreation staff acquitted themselves admirably, placing third overall in the competition. Staff contact: Caroline Seward, Parks and Recreation H. Fall Play Guide Now Available—The Denton Parks and Recreation Fall/Winter 22-23 Play guide is now available. The 48-page guide provides a panoramic view of all programs and 4 activities provided by Denton Parks and Recreation,and includes information on:the city's special events; adult, youth, and adapted recreation programs; health and fitness programs at the city's recreation centers; trails, nature preserves, community gardening, and outdoor recreation;parks projects, facility rentals, and inclement weather shelters;the city's public art program, and the Parks, Recreation, Trails System Master Plan. The guide is available in print at all recreation centers, the Senior Center, Civic Center and City Hall. The guide is also available online by clicking the following link: click here. Staff contact: Nikki Sassenus, Parks and Recreation. I. North Lakes Park Gravel Access Road Remains Closed— The gravel access road located at the intersection of Windsor Drive and Hinkle Drive and leads to the Remote-Control Airfield, North Lakes Dog Park, and North Lakes Recycling Center at Hinkle Drive, will remain closed through September 21 to accommodate construction at the North Lakes Tennis Center. Temporary parking will be available behind the Linda McNatt Animal Shelter. Park users cannot park at the Animal Shelter itself but should instead make use of overflow parking at the G. Roland Vela Soccer Complex at 3801 N. Elm Street or at the North Lakes Sports Complex located at 2226 W. Windsor Drive. While the gravel road remains closed, residents are encouraged to take their recyclables to the drop-off center located at the City of Denton Landfill, at 1527 S.Mayhill Rd,Monday through Friday from 7 a.m. to 4 p.m. Staff contact: James Donnell, Parks and Recreation J. Pre-Treatment on City Properties — Parks and Recreation staff will begin applying a pre- emergent herbicide to City-owned properties around September 19. The pre-emergent is designed to prevent unwanted plants, such as weeds, from germinating and growing. Applying pre-emergent annually is part of the City's Integrated Pest Management strategy. Residents should avoid contact with areas treated with pre-emergent for at least twelve hours following application. Parks and Recreation staff will ensure that clearly visible, informative signage is posted on all treated areas for a minimum of 48 hours after application. Staff contact: Marshall McGee, Parks and Recreation K. Severe Ozone Non-Attainment Classification of DFW—On September 6, 2022, the Texas Commission on Environmental Quality (TCEQ) held an open meeting on The Environmental Protection Agency's (EPA) updates on the attainment status of the DFW area with the National Ambient Air Quality Standards. Attached is a copy of the TCEQ presentation.The U.S.Environmental Protection Agency(USEPA)proposed that the DFW area, including all surrounding counties, be classified as a Severe Ozone Non-Attainment Area due to exceedances of the 8-hour ozone standard. The reclassification will become effective on September 14,2022.Nitrogen oxide emissions from the Denton Energy Center (DEC) are considered ozone precursors which contribute to ambient ozone concentrations when combined with volatile organic compounds and sunlight. The reclassification is not expected to impact the DEC air permit or restrict the hours of operation. TCEQ has until 2027 to demonstrate progress towards reducing the ground level ozone level before emission reductions could be required from sources like the DEC, which has the most effective nitrogen oxide removal system available. Collectively, the point sources in the DFW airshed, including emissions from the DEC, only account for 14% of the nitrogen oxide emissions that contribute to ozone. On-road and off-road mobile sources account for over 63%and area sources make up the remaining 23%. The counties impacted by this new classification include Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant, and Wise. Staff contact: Terry Naulty, DME 5 L. Fire Department Assessment Document—The Denton Fire Department's Community Risk Assessment & Standards of Cover (CRA & SOC), a document identifying hazards and risks within the Denton community, is available online. It identifies the Fire Department's current capabilities and limitations against internationally recognized consensus standards. The CRA& SOC guides the Fire Department toward continuous improvement and will be updated periodically. Response data will be monitored closely to ensure the Fire Department is engaging the needs of the community while providing the best service possible. Highlights of the documents include total response times at the 90th percentile mark; effective response force capabilities; response time goals, as related to population density; travel time capability mapping; historical demand mapping; and future recommendations. This valuable document not only shows current capabilities, but also assists in planning for future Fire Department service needs and capabilities as the city continues to grow. The CRA & SOC is one of three documents that are required for international accreditation through the Center for Public Safety Excellence(CPSE)and the Commission on Fire Accreditation International (CFAI), which the Fire Department is actively pursuing. Staff contact: Brian Cox, Fire M. Hickory Creek Road Median Break — On September 8, a resident on Livingston Drive reached out to staff with concerns about the Hickory Creek Road Phase 2 (West) project. The resident was concerned that the current project design and construction does not have a median opening at Livingston Drive. To determine if the opening would improve mobility, staff is currently evaluating the possible addition of the median cut, determining the cost of installation and removal of the existing median,and the feasibility of the request to determine a path forward. Staff contact: Dustin Draper, Capital Projects/Engineering N. Old North Traffic Safety Interventions— Staff previously reported on repairs to Old North Road in the June 17,2022, Friday Report, in response to a then-request by Mayor Pro Tern Beck to consider installing plastic bollards to discourage speeding and driving on the shoulder areas of the street. Based on a review by staff from Capital Projects/Engineering, Streets, and Traffic Operations, it was determined that plastic bollards would be installed at two intersections (Emerson Lane and Mill Pond Road) and at the bridge, to evaluate the influence of the devices on travel speeds. Plastic bollards were installed on September 14, and staff will be collecting post-installation speed surveys to assess the influence on travel speeds associated with this installation. The results of this evaluation, and similar evaluation of driver feedback signs, will be presented in a future Friday Report. Staff contact: Brett Bourgeois and Nathan George, Capital Projects/Engineering O. Transitional Housing Project RFP—The City of Denton is issuing a Request for Proposals (RFP) regarding the development of a Transitional Housing Project. This project would provide housing for people experiencing literal homelessness and living unsheltered, as a part of the City's overall Housing Crisis Response System (HCRS). The bid invitation for RFP 8117 Transitional Housing will release on Friday, September 16, 2022, and closes at 11:00 a.m. on November 1,2022. Interested parties can apply using Ionwave. Staff contact: Dani Shaw, Community Services P. Hotel Voucher Program Update — Earlier this year, the City of Denton secured additional hotel rooms for persons experiencing homelessness through the Hotel Voucher Program. These rooms were funded from June 15, 2022 through September 21, 2022 to increase temporary housing capacity during the extreme heat. As this temporary use of additional rooms concludes, capacity at the hotel will be reduced by 15 persons. Our Daily Bread 6 staff, who manage the Hotel Voucher Program, are assisting with the transition of those persons who have not obtained permanent housing to the Monsignor King Outreach Center shelter. Staff contact: Megan Ball, Community Services Responses to Council Member Requests for Information A. Individuals Camping Behind Business on Fort Worth Drive — On September 8, Mayor Hudspeth shared a request involving an individual(s) camping in the City's right of way, behind a storage facility on Fort Worth Drive. Staff are working with the individuals to complete a coordinated entry reassessment while they remain on the Emergency Housing Voucher List awaiting housing. Staff contact: Dani Shaw, Community Services B. Business Leaving Property Outside Overnight — On September 8, Mayor Hudspeth requested staff visit a business on Dallas Drive leaving property outside. A Community Improvement Services(CIS)officer visited the location, spoke with the owner,and advised of the concern. The owner stated he would comply as requested and a CIS officer will revisit to confirm. Staff contact: Dani Shaw, Community Services C. Bonnie Brae Street and Windsor Drive Intersection Inquiry Follow Up — On August 16, Council Member Davis requested information regarding a potential roundabout on Bonnie Brae Street and Windsor Drive. The improvements at this intersection are part of the Bonnie Brae Phase 6 Project which has a completed design. The current plan includes the creation of dedicated turn lanes on Bonnie Brae Street and the installation of a traffic signal. The project does not include the installation of a roundabout at that intersection of Bonnie Brae and Windsor Drive. A work session for the status of the entire Bonnie Brae project will be brought forward to City Council on October 18. As a further clarification of the project scope in response to a request on September 9,plans were provided to Council Member Davis for the following street segments: • Bonnie Brae PH 5 (Scripture to US-380): 50% schematic design. This project was paused due to construction congestion on Bonnie Brae Street and the need for additional which has been included in the Denton County TRIP 2022 Bond Election. This phase will follow completion of PH 4 and PH 6 and is not anticipated to start until 2025 if the funding is received. • Bonnie Brae PH 6 (US-380 to US-77): 100% design. This phase is ready to advertise for bid pending completion of(Right of Way) ROW acquisition. Staff contact: Kyle Pedigo, Capital Projects/Engineering D. Ector Street Bollard Request — On September 11, Council Member Davis submitted a request to staff regarding installing plastic bollards on Ector Street to visually narrow the street, as a tool to discourage speeding. Staff are currently conducting a similar evaluation on Old North Road.An update on this evaluation is presented in this week's Friday Report, titled "Old North Traffic Safety Interventions." Based on the outcome of this evaluation, and the driver feedback sign review, Capital Projects/Engineering staff will have information on the effectiveness of these tools to address speeding on the subject, and similar streets in the City. Staff contact: Brett Bourgeois and Nathan George, Capital Projects/Engineering. E. Foxcroft Circle Tree Replacement— On September 12, Mayor Pro Tern Beck reached out to staff on behalf of a resident concerned about a tree replacement on Foxcroft Circle. The Foxcroft Circle construction is part of the Denton Street Rehabilitation project from the 2012 and 2014 Bond Program. The resident had concerns with the tree replacement timing for a tree that was damaged during the construction of Foxcroft Circle. Staff from Risk Management and Capital Projects/Engineering Department are working with the resident to resolve her concerns. Currently the tree replacement has been tentatively scheduled for September 19. Staff has sent invoices and scheduling coordination to the contractor (Reliable Paving),as well as the responsible party(Ornelas Trucking). Staff contact:Dustin Draper, Capital Projects/Engineering and Sara Bonehill, Risk Management F. Animal Services Statistics—On September 14,Mayor Pro Tern requested tracked statistics for animal services, including those moving in and out of facilities, length of stay, and interactions with surrounding jurisdictions and rescue groups. Data points for the last full fiscal year were available, but some specific data points are unavailable because the information system currently utilized does not have the capability to capture or store them. Staff have been approved within the new budget to purchase and implement a new information system that will gather more of the data requested, but that will not be implemented until mid-next calendar year. Staff work with multiple agencies on assistance and partnerships, but the following are those worked with most often: • DASF-Denton Animal Support Foundation LOBBY DATA TOTAL CALLS • Denton County PRESENTED • Humane Society FY 20/21 27,640 • Wild Rescue I • Other Local Animal Shelters FIELD TOTAL CALLS • Humane Tomorrow DATA ENTERED • Happy Pet Project FY 20/21 7,169 • Rescue Row • The Love Pit VOLUNTEER ECONOMIC • DFW Rescue Me HOURS DATA IMPACT • Muttley Farms • Texas Rustlers FY 20/21 4,551 $134,311.36 • Operation Kindness FFY 20/21 Live Release Rate: 89% • I AM Dog Rescue SHELTER DATA CAT DOG OTHER TOTALS FY 20/21 Intakes 12,043 2,558 `260 14,861 Adoptions Return to Owner 61 615 11 687 Rescue 6 138 8 152 Transfers 23 60 21 104 TNR Program 17 - - 17 Staff contact: Tiffany Thomson, Customer and Animal Services 8 G. Post Office and Real Estate in Relation to Cites—On September 12, Council Member Davis inquired on real estate in relation to City Hall and City Hall West planning purposes. Regarding discussions on the City Hall Campus, the City sold the property currently occupied by the United States Post Office on East McKinney in 1969 to the U.S. Corps of Engineers, which continues to own the property today. In 1981, the City sold 218 N. Locust,the location of the old Post Office, to McNeill's Furniture&Appliance of Denton, Inc., who continues to own the property. In 2013, Real Estate staff were requested to conduct ownership research the old Post Office site. At that time the research was conducted, however, no further action was taken, and no known inquiries have been received since. At last check, this building was being used as a storage facility The City is currently in the process of conducting a Facility Assessment and Master Plan. Both plans will have preliminary data back for staff to review and share with Council during the November 1 City Hall West Work Session and any future discussion regarding City Hall. Staff contacts: DeAnna Cody, Real Estate, and Trevor Crain, Facilities H. National Wildlife Habitat Program — On September 13, Mayor Pro Tern Beck requested information on the environmental benefits of the National Wildlife Federations (NWF) Community Wildlife Habitat Certification. Staff advised the City is completing outreach and engagement over the next three years to accumulate points to complete this certification process. Residents, schools, and businesses may register yards and/or landscape projects to earn habitat points and gain individual certifications, as well. The program is beneficial as an educational aspect of learning about habitats. If/when individuals register their yards, NWF may share the locations with the City for overall planning related to wildlife habitats. Staff contact: Michael Gange,Environmental Services and Sustainability I. Reporting a Water Main Break— On September 14, staff received a request from Mayor Pro Tern Beck from a USPS driver who expressed concern that he was unable to contact the City regarding the leak due to the long wait time when using the Customer Service phone line. Mayor Pro Tern asked for clarification on the process for reporting such water leaks in the City's lines and staff contact the individual. Staff contacted the individual and informed them that water main breaks may be reported to Utility Dispatch at 940-349- 7000. Calls to this number do not enter the Customer Service phone queue and are routed directly to our utility dispatch operators. Additionally, using the Engage Denton mobile app will send an email directly to dispatch as a "water-related emergency." Users can submit requests by creating an account and logging in, or anonymously. Staff have made this information more prominent on the City website and will include in future water outage-related social media communications. Staff have also reached out to the individual to determine the location of the leak for further investigation. Staff contact: Ryan Adams, City Manager's Office J. Board Member Debt Verification—On September 14, Council Member Davis inquired on the reappointment vetting process of a board member, and specifically the verification of debt process and processes or policies related to possible previous debts found later. Customer Service staff identified opportunities to improve the process used to review applicant/(re)nominee account histories and balances approximately two years ago. As a result, staff made the steps more comprehensive to improve accuracy and reduce human oversight errors. The past-due balance related to this applicant/(re)nominee was not identified previously due to these process updates. 9 Prior to any balance being placed in an uncollected debt status, staff make every effort to ensure the customer is aware of the outstanding balance and follow with a final bill issued after an account closes. If the balance remains unpaid two weeks after the due date, a call is made to the number on file to remind the customer of the balance. A week later a letter is mailed to the customer letting them know the final date for payment to avoid referral to collections and reporting to credit bureaus. The account is reported to collections at least 90 days from the last date of service and the customer is sent a letter. At six months, the balance is placed in an uncollected debt status. Staff take the responsibility in working with old balances very seriously and take several steps to validate whether a debt balance belongs to the customer. Identification information and account details are reviewed and matched against the current customer. Important information such as how the account reached a final status and whether the customer provided a forwarding address are also verified. Any reports of identity theft, previous address histories, and aliases may be evaluated if there is any uncertainty or if a customer does not acknowledge the balance as theirs. When an old balance is transferred to a customer's new/active account, staff will work with the customer on a payment plan to lessen the financial impact to the customer. During the vetting process of a board member, should a department indicate an applicant/(re)nominee may have obligations owed to the City, the City Secretary's Office (CSO) notifies the applicant/(re)nominee via email that they may have obligations owed the City. The applicant/(re)nominee is asked to contact the respective department, and report back to the CSO when the matter has been resolved. In the Boards & Commissions Status Report provided to City Council, the applicant/(re)nominee will continue to show "Vetting Underway," until such time as the matter is resolved between the applicable department and the applicant/(re)nominee. Once the applicant/(re)nominee notifies CSO the matter has been resolved, staff verifies the matter with the department, and moves forward with scheduling the appointment if/when confirmed. Following the updated verification process via Customer Service, staff verified the debt referenced by Council Member Davis as valid. Staff contacts: Christa Foster, Customer Service, and Rosa Rios, City Secretary K. Medicinal Marijuana and Current Policy — On September 14, Mayor Pro Tern Beck inquired on existing policy as it related to medicinal marijuana used by citizens and city staff. Regarding interactions with Denton Police Department (DPD), anyone found to be operating a motor vehicle under the influence of a substance,with or without a prescription, will be arrested for driving while intoxicated under Chapter 49 of the Texas Penal Code. However,if an individual is found without suspicion of intoxication,and only in possession of marijuana and holds a prescription/card for marijuana, they will not be arrested for possession, per DPD General Order 524. Regarding policies related to City of Denton employees with a legal Texas medical marijuana prescription: • A contracted lab performs drug and alcohol testing for employees as defined by Policy 108.12 (attached). If the test detects the presence of drugs or alcohol (referred to as non-negative result), it will go through a process at the lab including a review by the Medical Review Officer(MRO)before the results can be confirmed and released to the City. o For our positions that are subject to federal DOT regulations, 49 CFR Part 40 Section 40.151 states that a Medical Review Officer(MRO)"must not verify a test 10 negative based on information that a physician recommended that the employee use a drug listed in Schedule I of the Controlled Substances Act. (e.g.,under a state law that purports to authorize such recommendations, such as the "medical marijuana" laws that some states have adopted)."In other words,medical marijuana under state law is not an exception under federal DOT regulations and the results will be confirmed positive. o For our safety-sensitive positions that are not subject to DOT regulations,our MRO has advised that if someone has a non-negative result for marijuana and they have a `medical marijuana card,' the result will be confirmed as positive. If someone has a non-negative result for marijuana and they have a valid prescription for Marinol (dronabinol) that has been filled at a pharmacy, that result can be confirmed negative. o If the test is confirmed negative by the MRO, there would be no indication to the City that one of the substances screened was above the cutoff. The Specimen Result Certificate would have a final result disposition of negative and individually indicate that each drug came back with a negative result. • Section XI.C.2. of the City's Policy 108.12 defines the consequences of a confirmed positive test result. In short, "if an employee's "non-negative" test result has been confirmed positive, the employee will be dismissed. However, the employee will be allowed to appeal his/her dismissal from employment" in accordance with the process outlined in Policy 108.12. • Section III of the City's Policy 108.12 defines what conditions must be met for Prescriptions and Over-The-Counter Medications, including, but not limited to, that "[t]he employee taking the drug or medication has informed his or her supervisor that he or she is taking a medication that could impair his or her ability to perform his or her job duties, including but not limited to the operation of vehicles or motorized equipment". If the employee notifies of a medication, HR staff would engage in a process with the employee's medical provider to determine if it would impair their ability to perform their duties and engage in the reasonable accommodation process. Staff contacts: Frank Dixon, City Manager's Office, and Sarah Kuechler, Human Resources L. Water Discharge and Trash Receptacles on Bryan and Norman Streets—On September 15, Mayor Pro Tern Beck shared photos documenting substantial water discharge from an apartment community building into Normal Street, as well as trash receptacles blocking sidewalks. Staff visited the location to inspect and found the building appeared to be designed to discharge water via a sub pump removing ground water from the underground parking garage. A Community Improvement Services officer will visit the property to address the concerns with property management. Staff contacts: Dani Shaw, Community Services, and Stephen Gay, Water M. Chief Strategy Officer— On Monday, September 12, Aimee Kaslik joined the City as the new Chief Strategy Officer. She brings with her over 23 years of municipal experience, much of which has been dedicated to performance excellence. This includes implementing best practices, innovative approaches, and national standards that promote a higher level of service, improve organizational efficiency and effectiveness, and elevate the use of data as an asset. She is one of fewer than 100 individuals around the world to be designated as a Chief Innovator by Bloomberg Philanthropies and will have the privilege of representing the City in that role moving forward. In the coming weeks, she will begin working with departments to identify core services and establish robust performance metrics aligned with 11 each. Doing so will bolster the organizations' ability to make data-informed, strategic decisions, identify high-performing programs and services, and establish baselines, benchmarks,and performance goals. Staff contact: Christine Taylor,City Manager's Office Upcoming Community Events and Meetings A. Hispanic Heritage Month Celebration— The Parks and Recreation Department will host a Hispanic Heritage Month Celebration on September 17, starting at 10 a.m. at the MLK Jr. Recreation Center. This year's theme highlights "UNIDOS: Inclusivity for a Stronger Nation" and will feature keynote speaker Lilyan Prado-Carillo. Prado-Carillo is currently a bilingual specialist at Alexander Elementary and was awarded the Estrella de Tejas award from the Hispanic Women's Network of Texas in San Antonio for her leadership and contributions to the community. The event will also feature various vendors,resources,and raffles. Staff contact: Yosselin Muller, Parks and Recreation B. Denton Blues Festival — The Denton Black Chamber of Commerce is hosting the Denton Blues Fest this weekend at Quakertown Park. The festival runs from Friday, September 16, through Sunday, September 18. Artists on the lineup include Mr. Sipp "The Mississippi Blues Child," Captain Jack Watson, Dwayne Dopsie & the Zydeco Hellraisers, Vanessa Collier, Fingerprints, Lori Dawn, and many others. For more information on the Denton Blues Fest visit: www.dentonbluesfest.com. Denton Parks and Recreation is a co-sponsor to the Denton Blues Festival. Staff contact: Arianna Bencid, Parks and Recreation C. Composting Workshop—Compost is the single greatest soil amendment you can add to set your garden and landscape up for success! Learn how to make high-quality compost at home using materials most folks throw away. We'll give you the dirt on the most effective composting materials and methods. The event will be held on Thursday, September 22, from 6 p.m. to 7 p.m. at the Emily Fowler Library, located at 502 Oakland St. There is no cost to attend, and participants can register online. Staff contact: Katherine Barnett, Environmental Services and Sustainability D. Denton Black Film Festival Screening at ALH Senior Center — The Denton Black Film Festival and the Southeast Denton Neighborhood Association will host a film screening of the award-winning documentary Alice Street to be followed by a panel discussion on Monday, September 26, beginning at 6 p.m.Alice Street tells the story of the friendship of two artists in Oakland, California that developed as the pair worked on an large four-story mural to represent the lived experiences of their respective communities — Chinese American and Afro Diasporic—within the context of a community continually threatened by gentrification. The film will be screened at the American Legion Hall Senior Center (629 Lakey Street) beginning at 6 p.m. with panelists' discussion following. Panelists include Rev. Logan from the Ministerial Alliance; Colette Johnson, the current president of the Southeast Denton Neighborhood Association; Gerard Hudspeth, Denton Mayor; Donald McDade, Denton Planning and Zoning Commission; and Spencer Wilkinson, the director of the documentary. Staff contact: Cheylon Brown, Parks and Recreation E. TxSWANA Safety Committee Denton Landfill Small Hauler Outreach Event — On September 30 from 10:00 a.m. to 2:00 p.m., the Lone Star Chapter of the Solid Waste Association of North America (TxSWANA) Safety Committee will host a Small Hauler outreach event at the City of Denton Landfill. The Solid Waste Industry, as the sixth most 12 dangerous industry across the nation, is working to educate waste haulers, large and small, on actions they can do to protect themselves and the public as they work to keep our city and state clean. This event will focus on providing safety resources and information to small haulers with a total fleet of less than 10 trucks. The event will be staffed by TxSWANA Safety Committee members from across the state and will consist of a short discussion with the identified equipment operators and distribution of literature to help define and drive solid waste hauler safety programs. Staff contact: Brian Boerner, Solid Waste and Recycling F. Chief of Police Swearing-In Ceremony—The community is invited to attend the swearing- in of Doug Shoemaker as the Denton Police Department's Chief of Police at 2 p.m. Monday,October 3 at the Public Safety Training Center at 719 E.Hickory St. Staff contact: Frank Dixon, City Manager's Office G. Dia De Los Muertos Celebration— The Parks and Recreation Department will host a Dia De Los Muertos Celebration on October 15, starting at 10 a.m. at the MLK Jr. Recreation Center. The celebration will feature keynote speaker Dr. Valerie Martinez-Ebers, who is a Distinguished Research Professor of Political Science and Director of the Latina/o and Mexican American Studies Program at the University of North Texas. This event will also feature various vendors, resources, and raffles. Staff contact: Cheylon Brown, Parks and Recreation Attachments A. TCEQ Presentation ............................................................................................................14 B. Policy 108.12 Anti-Substance Abuse and Rehabilitation Policy........................................35 Informal Staff Reports A. 2022-058 City Employment Drug and Alcohol Testing.....................................................54 Council Information A. Council Requests for Information.......................................................................................82 B. Public Meeting Calendar.....................................................................................................85 C. Draft Agenda for September 27..........................................................................................89 D. Future Work Session Items...............................................................................................101 E. Street Construction Report................................................................................................103 13 • • -Y Dallas Fort-Worth ( DFW) 2008 Eight=Hour Ozone National Ambient Air Quality Standard ( NAAQS Outreach Meeting September 2022 14 �I W�ffi-������� 2008 EightmHour Ozone Standard • 75 parts per billion (ppb) • Collin , Dallas , Denton , Ellis , Johnson , Kaufman , Parker, Rockwall , Tarrant, and Wise Counties , , - of Attainment Classification Classification,4 Deadline MIad Moderate July 20, 2012 July 20, 2018 Serious September 23, 2019 July 20, 2021 Severe (proposed) July 20, 2027 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Air Quality ee 9 Division • DPW Outreach Meeting • September 2022 2 W 74 ����-l - DFW Fourth High Ozone Values ( ppb) 2019 Design Value lot IF -L 77 81 73 77 Design2020 Value 82 71 77 76 2021 Design Value 73 71 85 76 0nENVIRONMENTAL QUALITY TEXAS COMMISSION L Air Quality 9 P Division • EOPW Outreach Meeting • September 2022 3 W � Reclassific, Sev • On April 13 , 2022 , the United States Environmental Protection Agency (EPA) proposed to reclassify the DFW area to severe . • July 20, 2027 attainment deadline, with a 2026 attainment year. • Required Attainment Demonstration (AD) and Reasonable Further Progress (RFP) SIP submittals due 18 months after effective date of reclassification . • A recent consent decree requires the EPA to sign final action by September 15 , 2022 . TEXAS COMMISSION ON W ENVIRONMENTAL QUALITY Air Quality Division • [1PW Outreach Meeting • September 2022 4 Or SIP Requirements for Ozone Nonattainment Areas MARGINAL MODERATE SERIOUS SEVERE EXTREME (3 Years) (6 Years) (9 Years) (15-17 Years) (20 Years) '�s'o nT --ZIIIIIIIIIIII SEVERE • Nonattainment New Source Review Permitting Nonattainn offse - 25 tpy Threshold - 1 . 3 : 1 Offset Ratio • Vehicle Miles Traveled (VMT) Growth Offset Con • Major Source Fees for Failure to Attain ( 185 Fees) • Reformulated Gasoline c 1.1 ; 1 . 15 : 1 1 . 2 : 1 1 . 3 : 1 1 . 5 : 1 NSR Offset Ratios 0��i TEXAS COMMISSION ON Air Quality Division 9 EOPW Outreach Meeting • September 2022 5 W ENVIRONMENTAL QUALITY Q y 9 P WIN so WN . . - - Emissiom.,-; .z. Inventories ( Els Els estimate the amount of air pollutants released into the atmosphere. There are four types of anthropogenic Els. TCEQ-developed from industry-reported emissions Point sources: refineries, power plants, and cement plants TCEQ-developed Els Area sources: consumer and commercial products, surface - coatings, dry cleaners, gas stations On-road mobile: cars and trucks Non-road mobile: planes, trains, construction equipment 0nENVIRONMENTAL QUALITY TEXAS COMMISSION L Air Quality 9 P Division • EOPW Outreach Meeting • September 2022 W DFW Nonattainment Area Nitrogen Oxides ( NOX) Omissions Trends 2509000 Represents a 66% decrease in NOX emissions from 2005 to 2020. 200,000 45,308 46,901 ^ L L 1509000 ❑ Non-road Mobile a) 38,723 CL 104,070 ❑ On-road Mobile N 138,704 100 000 28,583 ❑ Area Source 'N 30,688 ❑ Point Source G 86,021 19,957 67,595 .N 509000 597135 44,186 32,208 W25,767 18,785 17,388 16,595 17,125 22,532 18,926 12,870 12,465 9,789 10,370 O Source:TCEQ El 2005 2008 2011 2014 2017 2020 July 2022 0ENVIRONMENTAL QUALITY Quality 9 P TEXAS COMMISSION ON Air ualit Division • LAW Outreach Meetin • September 2022 DFW Nonattainment Area Volatile Organic Compounds (VOC) Emissions Trends 200,000 Represents a 20% decrease in VOC emissions from 2005 to 2020. 21,970 21,082 150,000 37,947 16,999 CL C' 13,233 45,339 10,370 13,525 32,579 27,543 20,581 17,389 ❑ Non-road Mobile •° 100,000 ❑ On-road Mobile ❑Area Source w ❑ Point Source 117,541 509000 95,311 95,870 97,067 99,502 99,515 10,450 9,615 9,238 9,269 7,128 6,653 0 Source:TCEQ El 2005 2008 2011 2014 2017 2020 July 2022 TEXAS COMMISSION ONr Quality Division • LYPW Outreach Meeting • W � ENVIRONMENTAL QUALITY Q y Diii tSeptember 2022 �..4 1 �C..agigg!-.a cleap;1- P--�-Q WIF gc.41ii ep, W V 2020 DFW Nonattainment Area NOX Emissions Non-road Mobile 27% On-road Mobile 36% Counties: Collin Dallas Point Source Denton 14% Ellis Johnson Kaufman Parker Rockwall Area Source Tarrant 23% Source: TCEQ El Wise Updated: July 2022 0� n ENVIRONMENTAL QUALITY TEXAS COMMISSION L Air Quality 9 P Division • LYPW Outreach Meeting • September 2022 9 W _llll�j5l1�1Wj_1j1-!a 2020 DFW Nonattainment Area VOC Emissions On-road Mobile 9% Non-road Mobile 10% Counties: Collin Dallas Area Source Denton 76% Ellis Johnson Kaufman Point Source Parker 5% Rockwall Tarrant Source: TCEQ El Wise Updated: July 2022 TEXAS COMMISSION ONr Quality Division • LYPW Outreach Meeting • W � ENVIRONMENTAL QUALITY Q y Diii tSeptember 2022 Milli -I I a�=Nftw- DFW Nonattainment Area Source VOC Top Emitting Categories Area Source Category: *Not All Inclusive 2020 VOC Tons Per Year % of Total Area. Source VOC Emiss ions Consumer and Commercial Personal Care 13 908 14% Products ' Consumer and Commercial Household 10 611 11 % Products ' Surface Coating Finished Metals 85327 8% Consumer and Commercial Adhesives and 5,988 6% Sealants Surface Coating Architectural Coatings 51381 5% *There are hundreds of area source emissions categories. Those listed above contributed 5% or more to the total 2020 area source VOC emissions. Source: TCEQ El Updated:Aug 2022 TEXAS COMMISSION ON W ENVIRONMENTAL QUALITY Air Quality Division • LYPW Outreach Meeting • September 2022 PRE- f Progress Requirements for DFW 2008 Eight-Hour Ozone NAAQS Severe Classification • The federal Clean Air Act ( FCAA) requires incremental emissions reductions for moderate and above ozone nonattainment areas . • The requirement is called demonstrating reasonable further progress (RFP). • Ozone precursor emissions (NOx and/or VOC) emissions are required to be reduced by: • 15% for the first six years, and • 3% per year thereafter. • DFW must demonstrate an 18% reduction from 2020 to the attainment year (2026). This Photo by Unknown Author is licensed under CC BY-NC 0EENVIRONMENTAL QUALITY TEXAS COMMISSION L Air Quality 9 P Division • LYFW Outreach Meeting • September 2022 12 W I DFW 2008 EightmHour Ozone NAAQS : NOxand VOC RFP PreliminaryEmissions Projections 2026 Severe Attainment Year 125,925 NOX 72,635 2026 Severe Attainment Year 146,365 VOC 1441175 0 20,000 40,000 60,000 80,000 100, ,000 160,000 Target in Tons per Year Controlled Projections in Tons per Year 0nENVIRONMENTAL QUALITY TEXAS COMMISSION L Air Quality 9 P Division • LYFW Outreach Meeting • September 2022 W Contingency Measures • If the progress requirement is not met and/or the severe attainment date is missed , additional rules/reductions are required as contingency measures for specific years. • Contingency measures would be automatically implemented in 2024 (milestone contingency year) and 2027 (year after the attainment year). • Contingency measures require a 3% emissions reduction in NOx and/or VOC . • Based on preliminary data, this is approximately 14.81 tons per day or 5,406 tpy. 0 TEXAS COMMISSION ON Quality uayson • �FWOureaceen e WE ENVIRONMENTAL QUALITY Ai Q Y Division Outreach Meeting September 2022 14 P 0�- 1�N I WIN F AA Section 185 Fee • DFW is required to attain by the end of 2026 to meet the July 20 , 2027 severe attainment date . • The FCAA Section 185 Fee is a penalty imposed if an area fails to meet its severe or extreme attainment date . • If the state does not impose the Section 185 Fee, the EPA will impose the fee with interest. The revenue is not returned to the state . • The Section 185 Fee applies to major sources of NOx and VOC in the ozone nonattainment area . • Major sources are point sources, such as cement plants and power plants. 0 TEXAS COMMISSION ON WE ENVIRONMENTAL QUALITY Air Quality Division 9 LYFW Outreach Meeting • September 2022 �l� P- ���� F AA Section 185 Fee • The Section 185 Fee rate is $5 , 000 per ton of NOx and VOC over a baseline amount and is adjusted by inflation , using the Consumer Price Index. • For calendar year 2021 , the EPA-published fee rate was $ 10,663.33 per ton . • The Section 185 Fee could be imposed as early as 2028 . • The estimated Section 185 Fee obligation for DFW could be as much as $45 million in 2028. 0EENVIRONMENTAL QUALITY TEXAS COMMISSION L Air Quality 9 P Division • LYPW Outreach Meeting • September 2022 16 W �l� P- ���� F AA Section 185 Fee • The fee is required each year after the missed attainment date until the area is redesignated as attainment by the EPA. • The Section 185 Fee due date to the EPA is to be determined . • The EPA proposed due date is 18 months from the effective date of the reclassification . • We will be asking for stakeholder input on Section 185 rule development. 0nENVIRONMENTAL QUALITY TEXAS COMMISSION L Air Quality 9 P Division • OPW Outreach Meeting • September 2022 17 W APPO ReasonablyAvailable Control TechnologyRACT • VOC and NOx RACT will be required . • VOC and NOx RACT were previously implemented for DFW, but TCEQ will reassess : • Negative declarations (any control strategies not previously applied due to lack of applicable source categories in the area); and • Major source RACT (control strategies for any major sources without existing requirements as stringent as RACT). • Emission reductions from expanding RACT will be applied toward demonstrating attainment and RFP. 0EENVIRONMENTAL QUALITY TEXAS COMMISSION L Air Quality 9 P Division • LYPW Outreach Meeting • September 2022 W Reducing Ozone in 11FW • TCEQ staff are researching and estimating any potential federal emissions reductions that may be effective before 2026 (the attainment year) and could be used for DFW reductions . • TCEQ staff are also researching potential control strategies in other states for further emissions reductions to demonstrate attainment, RFP, and contingency. G0ENVIRONMENTAL QUALITY TEXAS COMMISSION L Air Quality 9 P Division • OPW Outreach Meeting • September 2022 19 W Reducing Ozone in IIFW • When assessing potential reduction strategies , TCEQ generally considers : • Effectiveness: Will the reduction help the area to attain or demonstrate progress towards the ozone standard? • Cost: What are the economic impacts? • Timeline: How quickly could the reduction be implemented? When do the benefits occur? • The Air Quality Division requests feedback on any planned or volunteered emissions reductions that will occur before the end of 2026 at sources in the DFW nonattainment area . G0ENVIRONMENTAL QUALITY TEXAS COMMISSION L Air Quality 9 P Division • OPW Outreach Meeting • September 2022 20 W FROM Contact Information • Calvin , Denine , SIP Project Manager • Air Quality Planning Section • den ine.calvin(a-tceg .texas.gov • Jill Dickey-Hull • Emissions Assessment Section • iill .dickey(a�tceg .texas.gov • To join the SIP/Air Quality update e-mail list go to : www.tceg .texas -gov/airguality/sip/sipcontact. htmi TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Air Quality ee 9 •Division • OPW Outreach Meeting September 2022 21 W CITY OF DENTON PAGE I OF 9 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 108.12 SUBJECT: STANDARDS OF CONDUCT FOR EMPLOYEES INITIAL EFFECTIVE DATE: 07/15/91 TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION LAST REVISION DATE: POLICY 11/26/13 POLICY STATEMENT: The City of Denton recognizes that employee substance abuse can have a serious, adverse impact on its image as a major employer in Denton, its ability to deliver quality services to its citizens, and the general health, welfare, and safety of its employees and the public. The pervasive presence of substance abuse in our society and the adverse effect on employee health, safety, and productivity in the work place requires the establishment of an Anti-substance Abuse and Rehabilitation Program. The City, in considering its daily operations of providing quality services to its citizens, recognizes its responsibility to implement appropriate measures necessary to the safe, efficient, and effective use of its resources, people, facilities, equipment, and finances. It is the City's responsibility to ensure public trust and, in doing so, must implement comprehensive safety measures that protect the well-being of its employees and citizens. It is the policy of the City that employees are prohibited from manufacturing, using, possessing, selling, distributing, consuming, or transporting any controlled substances as defined by the Federal Controlled Substances Act or the Texas Controlled Substances Act, or any alcoholic beverages or intoxicating substances on City property or at any time when conducting City business or performing their job duties and responsibilities, including during any lunch or rest breaks that may be given in which the employee is required to return to work immediately following. An employee is prohibited from performing his or her job duties while under the influence of alcohol or drugs, or if performance is impaired, while under the influence of lawfully prescribed or over-the-counter substances. An employee shall not have drugs or alcohol in his or her urine, blood stream, or breath except pursuant to a valid personal prescription. An employee shall not use or possess alcohol outside of work hours on City property where prohibited by this policy, state, or local law. An employee should not use or possess alcohol or drugs during any lunch or rest breaks that may be given in which the employee is required to return to work immediately following. The employee shall not use alcohol or drugs while wearing a City of Denton uniform or any other article of clothing furnished by the City to employees with an approved City of Denton logo(s) (refer to Public Usage and Standards Policy no. 505.02) or name, irrespective of whether the employee is on duty. There is no intent to intrude upon the private lives of employees or applicants. However, the City is concerned with those job-related situations where the use of drugs or alcohol interferes with the health and safety of employees and the public, affects the employee's work performance during work hours, adversely HR/POLICY/108.12 35 Page 2 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 affects the job performance of other employees, is considered serious enough to be detrimental to the City's conduct of business, or affects the reputation of the City to the general public or threatens its integrity. It is the policy of the City to have an appeal process in the case of employees with confirmed positive tests for drugs or alcohol and to deny employment to applicants with confirmed positive tests for drugs. The City of Denton complies with all applicable regulations and drug and alcohol testing programs, including the Department of Transportation (DOT) and American with Disabilities Act (ADA). Unless otherwise specified,the City of Denton has adopted the drug and alcohol testing procedures and guidelines of the DOT. This policy applies to all employees- regular full-time, regular part-time, temporary, and seasonal. Civil Service employees are subject to the applicable provisions of Chapter 143 of the Texas Local Government Code, Local Rules of the City of Denton Fire Fighters and Police Officers Civil Service Commission, and the general orders of the Police and Fire Departments, which may include the provisions of this policy. This policy also applies to persons serving in an official capacity as a volunteer for the City of Denton as outlined in the Volunteer Procedures policy#409.07. ADMINISTRATIVE PROCEDURES: I. Definitions A. Adulterated test results occur when an agent is added to the urine sample by the donor at the time of collection in an attempt to prevent detection of drug use. B. Alcohol is defined as ethyl alcohol. Alcohol, as used herein, includes any beverage, mixture, or preparation containing ethyl alcohol. C. Alcohol testing is testing for blood alcohol content by an intoxilizer instrument device operated pursuant to state law. D. Cut-off levels are established by analytical methods in the laboratory to determine a quantitative level of a drug in the body. The specific cut-off level is a standard selected by the DOT. E. City property or premises for purposes of this policy, includes ALL property, facilities, buildings, structures, parking areas, and vehicles owned, operated, leased, or under control of the City. An employee is not considered in violation of this policy by transporting or possessing alcoholic beverages on City streets if he or she is: 1. off duty; 2. not wearing a City of Denton uniform or any other article of clothing furnished by the City to employees with an approved City of Denton logo(s) or name; 3. not operating a City-owned, leased, or borrowed vehicle; 4. in a public access area; and 5. in compliance with all applicable laws. HR/POLICY/108.12 36 Page 3 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 F. Detectable level indicates the presence of a drug or substance found in the body in amounts exceeding an established cut-off level. A detectable level of alcohol, as defined by the DOT, is .01 or greater. G. Drug is a controlled substance, controlled substance analogue, narcotic drug, or opiate as defined in Schedules I-V of the Federal Controlled Substance Act, or the Texas Controlled Substance Act, Texas Health & Safety Code, Chapter 481, if obtained or used without a valid prescription for the user or possessor (refer to section IV of this policy). This definition includes but is not limited to marijuana, hashish, cocaine, heroin, morphine, codeine, amphetamines, barbiturates, hallucinogens, inhalants producing mood and mind- altering vapors, and substances chemically similar to these drugs. H. Drug test is the collection of a urine specimen by trained personnel, laboratory analysis of that specimen by Enzyme Immunoassay (EMIT) screening, and confirmation of drug-positive EMIT tests using gas chromatography/mass spectrometry(GC/MS) methods and procedures, or other medically acceptable technology (such as oral fluid drug testing) deemed appropriate by the City of Denton. I. Emergency Call-Back is defined as those employees that on a continuous basis may be asked, but are not scheduled, to report to work outside of normal working hours in an emergency situation. J. Impaired is an employee's diminished capacity to perform duties of the job as determined by a supervisor and/or physician's statement. K. Intoxicating substances is defined to means those substances that are being utilized for the intentional purpose of causing a physical or mind altering state. L. Negative Dilute test results occur when the creatinine and specific gravity levels approach "substituted" values, which might indicate that an attempt has been made by the donor to avoid drug detection. M. On-Call is defined as a period of time during which an employee is advised by his/her supervisor to be accessible for return to work for operational requirements that may develop outside normally scheduled work hours. N. Paraphernalia is defined as equipment, a product, or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a drug or in injecting, ingesting, inhaling, or otherwise introducing into the human body a drug. HR/POLICY/108.12 37 Page 4 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 O. Positive Dilute test results occur when it has been determined by the laboratory through confirmation of the creatinine and specific gravity values that an attempt was made by the donor to avoid drug detection by "flushing out" the drug or by lowering the level of the drug to a concentration less than that of the testing cutoffs. P. Random testing describes the process of testing that assures each employee has an equal chance of being tested each time covered employees are selected for testing. All test results and selected employee names are confidential, and records are maintained separate from employee personnel files. 1. The Department of Transportation (DOT) regulates the percentage of covered employees who are to be randomly tested for drugs and alcohol per calendar year. 2. Employees in other "safety sensitive" positions (as defined in section I-O of this policy) are tested at a minimum of the rate as employees falling under DOT. Q. Reasonable suspicion is a suspicion based on some objective fact derived from the surrounding circumstances to lead a reasonable person to suspect that an employee may be under the influence of alcohol or prohibited substances while on duty. R. Safety-sensitive position is a job where an employee's use of drugs or alcohol could create a threat to safety whereby the employee's ability to perform assigned duties is impaired and the performance of those duties in such mental or physical condition creates or could create a safety hazard that has caused or could cause injury or harm to the employee or other employees or citizens or damage to property. Examples of"safety-sensitive"positions may include,but are not limited to: a. positions involving the use of a vehicle and/or motorized equipment, such as cars, trucks of any size, tractors, mowers, trimmers, trash compactors, saws, and drills as an incidental (10% of time or yearly average of 8 hours per pay period) or as a primary duty(more than 50% of time) b. positions using a deadly weapon c. positions with access to controlled substances and/or hazardous materials/chemicals as defined by the Texas Department of Health d. positions falling under the Department of Transportation rules and regulations e. fire civil service personnel, f. parks leisure services positions involving regular contact with children or elderly adults, or g. designated field personnel in water/wastewater utilities, electric utility, streets, traffic, solid waste, and parks maintenance. HR/POLICY/108.12 38 Page 5 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 S. Substituted test results occur when the creatinine concentration of the urine sample is less than or equal to 5 mg/dL and the specific gravity of the urine sample is less than or equal to 1.001 or greater than or equal to 1.020 on both the initial and confirmatory creatinine and specific gravity tests. These results suggest that the donor has altered the specimen to avoid detection of drug use. T. Unsuitable for testing test results occur when unidentified adulterants or endogenous products are detected in the donor's urine and interfere with any of the testing process. U. Vehicular Accident is defined as an event where any damage occurs to a vehicle, motor- driven equipment, or other property, or where an injury occurs to any person, due to the operation (use of or failure to use steering, braking, acceleration, and/or operational systems) of a vehicle or motor-driven equipment by an employee. However, this does not include normal wear and tear or incidents that the operator had no control over (such as flying debris that cannot be avoided) as determined by the supervisor. V. Work Hours includes anytime an employee is performing work for the City. 11. Prohibited Items. The manufacture, use, possession, sale, distribution, consumption, or transportation of any of the following substances by employees while on City property, conducting City business, or performing job duties and responsibilities is prohibited. These violations will result in notification of appropriate law enforcement personnel, reasonable suspicion drug, and/or alcohol testing, and will result in disciplinary action,up to and including dismissal. A. Drugs(as defined in section I-G of this policy) B. Alcoholic beverages or other intoxicating substances (as defined in sections I-B and I-K of this policy) —however, an employee may possess, consume, or transport alcoholic beverages while off duty (in compliance with section I-E of this policy) unless local or state law otherwise prohibits the possession or consumption of alcoholic beverages. C. Drug paraphernalia (as defined in section I-N of this policy). Prohibited items do not include the possession or transportation of any substance or item by Police Department personnel in fulfillment of legitimate law enforcement activities, nor is this description intended to infringe upon or impede any lawful law enforcement function associated with the investigation of criminal offenses under the Federal or State Controlled Substances Act, or ordinances of the City of Denton. III. Prescriptions and Over-The-Counter Medications. Prescriptions and over-the-counter medications are prohibited except when all of the following conditions are met: A. The prescription drugs are prescribed by a physician licensed to practice medicine in the United States or its territories for the person in possession of the drugs; HR/POLICY/108.12 39 Page 6 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 B. The prescription has been filled by a registered/licensed pharmacist within the last twelve (12) months for the person possessing the drug or medication; C. The drugs or medications are ingested or administered only in the prescribed or recommended therapeutic dosages; D. The employee or applicant must be able to produce evidence of a valid prescription to a medical review officer as requested, and E. The employee taking the drug or medication has informed his or her supervisor that he or she is taking a medication that could impair his or her ability to perform his or her job duties, including but not limited to the operation of vehicles or motorized equipment. The City, at all times, reserves the right to have a designated City physician determine if a prescription drug or medication produces hazardous effects and may restrict the job duties performed while using any drug or medication accordingly. IV. Conferences Employees attending training and conferences may participate in social functions associated with the conference. This may include the consumption of alcohol, so long as the employee is not wearing a City of Denton uniform or any other article of clothing furnished by the City to employees with an approved City of Denton logo(s) or name and the employee's conduct does not reflect adversely upon the City. Employees who consume alcohol at these functions shall follow the law and exercise caution in driving personal vehicles and shall not operate a City-owned, City- leased, or City-rented vehicle. V. Emergency Call Back Employees subject to continuous emergency call-back are required to declare to their supervisors the use of alcohol or drugs including prescribed medication that might affect their ability to perform under an emergency. The supervisor shall determine if the employee is fit to work and in what capacity. VI. On-Call Because employees with on-call status are potentially required to be actively working, an "on call" employee is prohibited from consuming alcoholic beverages or using drugs that may impair his or her performance. If an employee is taking prescription medication that may impair his or her performance when called back to work, he or she should notify his or her supervisor. The supervisor shall determine if the employee is fit to work and in what capacity. HR/POLICY/108.12 40 Page 7 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 VII. Use of Substances Outside of Work Hours An employee shall not use or possess drugs or alcohol outside of work hours on City property as defined by section I-E, including during any lunch or rest breaks that may be given in which the employee is required to return to work immediately following. An employee shall not use alcohol or drugs before or after work hours while wearing a City of Denton uniform or any other article of clothing furnished by the City to employees with an approved City of Denton logo(s) or name. VIII. Notice of Testing Policy The Human Resources Department shall provide informed and/or written notice of its drug and alcohol testing policy to all job applicants and employees. The notice shall contain the following information: ■ the need for drug and alcohol testing; ■ circumstances under which testing may be required; ■ the procedure for confirming an initial positive drug and/or alcohol test result; ■ consequences of a confirmed positive test result; ■ consequences of refusing to undergo a drug and/or alcohol test; ■ the appeal procedures available for a positive test result; and ■ the availability of drug abuse counseling and referral services. Applicants will be notified of the City's policy to conduct drug testing as part of the employment process. When an applicant reports to a testing site for testing, he or she shall first present valid picture identification, such as issued by the Department of Public Safety or a passport to the tester. IX. Consent Before a drug or alcohol test is administered, the employee or job applicant will be required to sign a consent form authorizing the test and permitting release of test results to those City officials with a need to know or as required by law, except those exempt pursuant to DOT regulations 49 Part CFR 40.27. The consent form shall provide space for employees and applicants to acknowledge that they have been notified of the City's drug testing policy. By continuing employment with the City of Denton, employees have consented to the adoption of this policy and testing program. A. Refusal to Test 1. Applicants: A job applicant who refuses to consent to a drug test will be denied employment with the City. 2. Employees: An employee who refuses to consent to a drug and/or alcohol test will be subject to dismissal. HR/POLICY/108.12 41 Page 8 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 The consent form shall not be altered or changed by the applicant or employee. Altering or refusing to sign the consent form shall be considered a refusal to consent to the drug and/or alcohol test. B. Complaints or Grievances Any complaints or grievances about the testing procedure are to be made by the employee through his/her normal chain of command pursuant to the City of Denton Problem Solving Policy 115.02. Those conducting the testing shall not be harassed or abused either verbally or physically during any drug or alcohol testing procedure. Any conduct that is perceived by the testing personnel as harassing or verbally or physically abusing will be deemed as failing to cooperate fully with the collection of breath, saliva, and/or urine samples and shall be considered as insubordination and thus subject to disciplinary action up to and including dismissal. X. Types of Testing A. Pre-Employment(Job Applicant Testing) Upon a conditional offer of employment, all applicants are required to pass a drug screen prior to his or her final appointment. An applicant will be notified of drug testing at the time of application and will be allowed the opportunity to withdraw his or her application anytime upon request. B. Reasonable Suspicion The decision to conduct reasonable suspicion alcohol and drug testing will be determined on a case-by-case basis. Note: With reasonable suspicion, an alcohol test will be conducted first. If the alcohol test is negative, then the employee will be subject to a drug test. 1. Criteria which may be used by appropriately trained management and supervisory personnel to determine if a test for an employee is necessary include, but are not limited to, the following: a. Observed alcohol or drug use during working hours; b. Apparent physical state of intoxication or drug induced impairment of motor function; c. Incoherent or irrational mental state; d. Marked changes in personal behavior or attitude not attributable to other factors; HR/POLICY/108.12 42 Page 9 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 e. Deteriorating work performance, attendance, or tardiness problems not attributable to other factors; f. Information received from appropriately trained sources in determining reasonable suspicion that indicates the employee has been involved in alcohol or drug use; g. Other employee actions or conduct that leads to a suspicion of drug or alcohol use such as presence of physical symptoms that may include glassy or blood-shot eyes, alcohol beverage odor on breath, slurred speech, poor coordination or reflexes, unsteady gait, mood changes (including inappropriate gaiety or lethargic behavior), unpredictable responses to ordinary requests, etc. which leads managers and supervisors to believe that the employee is under the influence of alcohol or drugs, suffers from substance abuse or is in violation of City or departmental rules, regulations, or procedures concerning the use of such substances; h. Any violation of the City of Denton's Drug Free Work Place Policy(108.11). 2. Supervisory Procedures in the Event of Reasonable Suspicion a. A supervisor or trained personnel (in compliance with section XV of this policy) may require an employee to undergo alcohol and drug testing if he/she has reasonable suspicion that the employee is under the influence of alcohol and/or drugs during work hours as described above. Supervisors are required to complete an "Observation Checklist" if they have received training (in compliance with XV of this policy), which can be found on the City's Intranet site, to list the symptoms or observations that formed the basis for their determination that reasonable suspicion existed to warrant the testing of an employee. This documentation shall be forwarded to the Human Resources Department. If a supervisor has not been trained, he/she should contact Human Resources or someone in their chain of command. The facts underlying the determination of reasonable suspicion should be disclosed to the employee at the time the supervisor requires the employee to undergo reasonable suspicion alcohol and drug testing. b. If an employee refuses to consent to a reasonable suspicion test, he/she should be escorted to the Human Resources department if during normal work hours. If after normal work hours, he/she should be escorted home by appropriate supervisory personnel or another City employee with departmental authority and placed on administrative leave with pay until contacted by his or her supervisor. In the rare instances when a supervisor or another City employee with departmental authority is unable to escort the employee home, the supervisor may make arrangements for a reasonable party to pick-up the employee from the worksite. HR/POLICY/108.12 43 Page 10 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 C. Once the supervisor has established reasonable suspicion, an employee must submit to an alcohol and drug screen immediately upon request. An alcohol test will be conducted first. If the alcohol test is negative or the results are at a detectable level below .039, then the employee will be subject to a drug test. The employee's supervisor shall give the employee a direct order, as a condition of employment, to submit to an alcohol and drug screen with the warning that refusal to comply will result in dismissal. (For results that are not negative or are .039 or above,refer to section XI. B. of this policy.) d. The employee shall be further instructed to cooperate throughout the alcohol and drug screening procedure, including following all directions received from trained personnel at the alcohol and drug screening collection site. The employee, in no case, shall be permitted to continue working or remain unattended while screening approval or arrangements are being effected. The employee will be placed on administrative leave with pay pending results of the test. e. The department supervisor shall immediately, if during normal weekday office hours (7 a.m. to 5 p.m., Monday through Friday), notify the Director of Human Resources or designated representative in the Human Resources Department to arrange for the alcohol and drug screening. If after normal weekday office hours, the supervisor should notify Human Resources the next business day. If the necessity to arrange for an alcohol and drug screening occurs, the supervisor or another City employee with departmental authority must escort the employee to the designated drug screening collection site. The employee shall never be permitted to operate a vehicle or motorized equipment. f. Supervisory personnel and appropriate medical personnel shall take the necessary actions to prevent the employee's alteration or falsification of the alcohol and drug screen procedure. An appropriate chain of custody procedure will be followed at the collection site to ensure the accuracy and integrity of the testing procedure and test results. g. The employee should not return to work in any capacity until results are confirmed negative. h. If the results are "non-negative," the employee needs to be escorted home by appropriate supervisory personnel or another City employee with departmental authority and placed on administrative leave without pay. In the rare instances when a supervisor or other City employee with departmental authority is unable to escort the employee home, the supervisor may make arrangements for a reasonable party to pick-up the employee from the worksite. HR/POLICY/108.12 44 Page 11 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 C. Post Accident Vehicular Accidents (includes City vehicles and motorized equipment as well as leased vehicles, personal vehicles, rental vehicles, or borrowed vehicles if being operated to conduct City business): 1. An employee should ALWAYS be tested for DRUGS if any one or more of the following conditions apply: a. there has been a death to a citizen or another employee during work hours due to a vehicular accident; b. there has been a vehicular accident from which injury to an employee or citizen has occurred during work hours that requires immediate treatment at a doctor's office or hospital; c. there has been any damage to City and/or citizen property during work hours due to a vehicular accident (exceptions include employee's vehicle being hit from behind while legally stopped); or d. there has been a vehicular accident on a public street during work hours and the police officer issues a citation to the employee. 2. An employee should ALWAYS be tested for ALCOHOL if any one or more of the following conditions apply: a. there is reasonable suspicion as determined by an appropriately trained supervisor; or b. an employee has a commercial driver's license and is required to use the license to perform his/her job duties and has an accident while using his/her commercial driver's license that involves one or more of the following: i. a human fatality; ii. a bodily injury which requires immediate medical treatment away from the scene AND a citation is issued to the employee (a DOT test is not required if a citation is not issued); or iii. there has been disabling damage to any motor vehicle requiring tow away AND a citation is issued to the employee (a DOT test is not required if a citation is not issued). HR/POLICY/108.12 45 Page 12 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 3. A drug test must be conducted along with ANY post-accident alcohol test unless the alcohol test results are .04 or greater. 4. Under no circumstances should a post-accident test be waived if any of the above criteria are met. a. If required, an alcohol test should be conducted immediately (if there are no incapacitating injuries). If an alcohol test is not conducted within two (2) hours after the accident, a memo should be written as to why an alcohol test was not conducted within that time Name. This memo should be forwarded to the Human Resources department to be filed. All attempts to test should cease if it has been longer than eight (8)hours. b. A drug test should be conducted immediately (if there are no incapacitating injuries). If a drug test is not conducted within two (2) hours, a memo should be written as to why a drug test was not conducted within that time frame. This memo should be forwarded to the Human Resources Department to be filed. All attempts to test should cease if it has been longer than thirty-two (32)hours. 5. It is the employee's responsibility to contact his or her supervisor immediately, unless incapacitated, after an accident has occurred so that appropriate action can be taken. Failure to report an accident will result in disciplinary action, up to and including dismissal. 6. Oral fluid testing may be conducted for post-accident drug tests. Employees with negative test results may return to work. Section XI.A. will apply for employees with "non-negative" test results and employees required to take a drug test under the DOT guidelines. 7. If oral fluid collection cannot be taken on-site, the employee shall be escorted to the alcohol and/or drug screening collection site by appropriate supervisory personnel or other City employee with departmental authority. The employee shall not be permitted to operate a vehicle or motorized equipment. 8. Employees who are tested as a result of a non-DOT accident may return to work and assigned duties as long as the result(s) of the drug and/or alcohol test (where applicable) is/are confirmed negative. Employees who are tested as a result of a DOT accident will be escorted to the testing facility for an alcohol test and a split specimen urine drug screen. In this instance, the employee may return to work and assigned duties as long as the initial result(s)of the alcohol and/or drug test is/are confirmed negative. HR/POLICY/108.12 46 Page 13 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 If the result(s) is/are "non-negative," the employee needs to be escorted home by appropriate supervisory personnel or another City employee with departmental authority and will not be able to return to work until the results are confirmed negative. In the rare instances when a supervisor or another City employee with departmental authority is unable to escort the employee home, the supervisor may make arrangements for a reasonable party to pick-up the employee from the worksite. D. On-the-Job Injuries I. If there is a reasonable suspicion that the employee is under the influence of alcohol and/or drugs during work hours and that drugs or alcohol contributed to the injury, then a supervisor or trained personnel may require an employee, in compliance with sections X.B. and XV of this policy, to undergo alcohol and drug testing. 2. It is the employee's responsibility to contact his or her supervisor immediately, unless incapacitated, after an injury has occurred so that appropriate action can be taken. Failure to report an injury will result in disciplinary action, up to and including dismissal. The Director of Human Resources or designated representative of the Human Resources Department shall be responsible for notifying the Department Head or designee of the alcohol and/or drug screening results as soon as this information is available. When requested, copies of the laboratory report reflecting the alcohol and drug screening results shall be transmitted to the aforementioned officials when the report is available. E. Employees Transferring to Other Jobs within the City Any employee moving from a"non-safety" sensitive position to a"safety-sensitive"position or moving from a "safety-sensitive" position (as defined by the City) to a DOT "safety-sensitive" position (as defined by the Department of Transportation) will be required to pass a drug screen as a condition of final appointment. Questions concerning whether a specific position is deemed safety-sensitive should be addressed to the Human Resources Department. F. Random Testing 1. Federally Regulated Random testing In response to the DOT 49 CFR regulations, employees who are in positions that require the use of a commercial driver's license (CDL) are subject to random drug and HR/POLICY/108.12 47 Page 14 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 alcohol testing according to federal regulations and guidelines. 2. Random testing per City of Denton Policy Employees in positions that are considered safety-sensitive positions (as defined by section I-R of this policy) are subject to random drug and alcohol testing. Questions concerning whether a specific position is deemed safety sensitive should be addressed to the Human Resources Department. Employees who are tested under random testing may return to work and assigned duties pending confirmed results of the test. If the results are confirmed negative, no further action is taken. If the results are "non-negative," the employee needs to be escorted home by appropriate supervisory personnel or another City employee with departmental authority and will not be able to return to work until the results are confirmed negative. In the rare instances when a supervisor or another City employee with departmental authority is unable to escort the employee home, the supervisor may make arrangements for a reasonable party to pick-up the employee from the worksite. G. Follow-up Testing In the event an employee self refers in accordance with section XII or appeals a termination in accordance with section XI.C.2,the employee may be subject to follow-up testing. Follow-up tests are unannounced. Follow-up tests will be conducted in accordance with the recommendation of the Substance Abuse Professional. However, for DOT employees at least six (6) tests must be conducted in the first 12 months after the employee returns to duty. Follow-up testing may be extended for up to 60 months following return to duty. XI. Confirmation of Test Results A. Confirmed Positive Results of Drug Screen In the event an oral fluid drug test is conducted and the results are non-negative or for DOT tests, the employee will be escorted by the supervisor or another City employee with departmental authority to the drug screening collection site for a urine drug test. For all drug testing, if the initial urine drug test is non-negative, a second test of the same sample will be performed to confirm results. The results of a positive urine drug test shall not be released until the results are confirmed through GC/MS testing and MRO review. HR/POLICY/108.12 48 Page 15 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 1. Drugs tested and cut off levels Cut-off Levels List of Drugs Tested For Also Known As Urine Oral Fluid *Amphetamines Speed, Uppers, etc. 500 ng/ml 50 ng/ml *Methamphetamines Meth, Ice, Crank, etc. (incl. in Amph) 50 ng/ml *Opiates Heroin, Opium, etc. 2,000 ng/ml 40 ng/ml *Cannabinoids Marijuana,Hashish, etc. 50 ng/ml 12 ng/ml *Cocaine Coke, Crack, etc. 150 ng/ml 20 ng/ml *Phencyclidine Angel, Dust, Hog, etc. 25 ng/ml 10 ng/ml The City also reserves the right to test for: Cut-off Levels List of Drugs Tested For Common References Urine Oral Fluid Synthetic Cannabinoids K2, Spice, etc. N/A N/A * Detection limit in a given specimen will vary within the listed range and will depend on which class members and/or metabolites are present. *Detection limits have also been set by HHS. However, nothing contained in the above cut off levels shall conflict with standards promulgated by the Department of Transportation(DOT). The City reserves the right to modify the drugs to be tested given the circumstances of the reasonable suspicion test, unless it conflicts with DOT rules and regulations. In the case of a conflict, the City reserves the right to test for other substances under its non-DOT testing guidelines,if applicable. 2. Retest of original sample An employee or applicant who does not pass the drug test may request a retest of the original sample within three (3) business days of his or her receipt of the drug test results at his/her expense. The employee or applicant may request retesting by the same laboratory or by a second laboratory that is certified to perform drug tests by the HHS (Department of Health and Human Services) under the National Laboratory Certification Program (NLCP). The originating laboratory must follow the external chain-of-custody procedure outlined in the HHS mandatory guidelines for federal workplace drug testing programs when transferring the sample. If the two tests have conflicting results, a third test will be run at a different, approved lab and funded by the City. The result of the third test will be binding. HR/POLICY/108.12 49 Page 16 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 Any employee requesting a retest of the original sample will be required to use any accrued vacation time pending the results of the test. If the employee has no accrued vacation time, the employee will be placed on administrative leave without pay. If the final test is confirmed negative, the employee will be reimbursed for vacation time used or the time placed on administrative leave without pay and the cost of the second test. 3. Procedure for Insufficient Amount of Urine a. If an employee or applicant is unable to give a sufficient sample as defined by DOT, he/she will follow DOT guidelines for insufficient amount of urine for a drug test (49 CFR Part 40.193) — These guidelines allow the individual to drink up to 40 ounces of fluid, distributed reasonably through a period of up to three hours, or until the individual has provided a sufficient urine specimen, whichever occurs first. If the applicant/employee refuses to make the attempt to provide a new urine specimen or leaves the collection site before the collection process is complete, the collection process will be discontinued. This will be considered a refusal to test (as defined in section IX-A of this policy). b. If the applicant/employee has not provided a sufficient amount of urine after following the DOT guidelines above, the City's Designated Employer Representative (DER) will direct the applicant/employee to obtain, within five days, an evaluation from a licensed physician, acceptable to the MRO, who has expertise in the medical issues raised by the employee's failure to provide a sufficient specimen. (Note: Employees will be placed on administrative leave with pay until the evaluation is provided to Human Resources or five days whichever comes first.) If accepted by the MRO, the test will be cancelled. If not accepted by the MRO, the test will be considered a refusal to test(as defined in section IX-A of this policy). 4. Procedures for Dilute, Unsuitable, Substituted,or Adulterated Drug test Results If the initial drug screen is reported as a negative dilute, no further action will be required UNLESS the creatinine concentration of the specimen was equal to or greater than 2mg/dL, but less than or equal to 5 mg/dL. Under these circumstances, a job applicant or employee will be required to provide a new sample immediately under direct observation (direct observation means a trained lab technician will visually observe the production of the urine specimen). The result of the second test will be the test of record. a. If the initial drug screen is reported as a positive dilute, this will be considered a refusal to test(as defined in section IX-A). b. If the initial drug screen is reported as unsuitable or rejected for testing,the HR/POLICY/108.12 50 Page 17 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 employee or job applicant must provide a new sample under direct observation as soon as possible. c. If the initial drug screen is reported as substituted or adulterated, this will be considered a refusal to test(as defined in section IX-A). B. Detectable levels and Confirmed Positive Results of Alcohol If the initial alcohol test is above .000, a second test will be performed to confirm results. The results of a positive alcohol test shall not be released until results are confirmed. 1. If an employee's confirmed test result is between .001 and .019, he/she will be removed immediately from his/her safety-sensitive position until there is no detectable level of alcohol in his/her system and will be subject to discipline, up to and including dismissal. 2. If an employee's confirmed test result is between .02 and .039, he/she will be removed immediately from his/her safety-sensitive position for a minimum of twenty-four(24) hours and be subject to discipline, up to and including dismissal. 3. If an employee's confirmed Blood Alcohol Content test result is .04 or greater, he/she will be dismissed from employment unless appealed and overturned. C. Consequences of a Confirmed Positive Test Result 1. Applicants: A job applicant will be denied employment with the City if his or her initial positive test results have been confirmed. Applicants who are denied employment due to a positive drug test result must wait two years before applying for another position with the City. 2. Employees: If an employee's "non-negative" test result has been confirmed positive, the employee will be dismissed. However, the employee will be allowed to appeal his/her dismissal from employment. The appeal must be submitted in writing to the Human Resources Director within 10 business days of the dismissal. The appeal should include a thorough explanation as to why the employee feels he/she should not be dismissed. Upon request of an appeal, the employee will be required to meet with a Substance Abuse Professional (SAP) through the City's Employee Assistance Program (EAP). The employee must meet with the SAP within three (3) business days of appealing the dismissal. If this timeframe cannot be met due to the SAP's schedule, the employee must notify the Human Resources Director or designated representative prior to the expiration of the three(3)business days. After the employee meets with the SAP, any report provided by the SAP will be sent to the City's Human Resources Department. A panel consisting of the City Manager, an Assistant City Manager, and the Human Resources Director or alternate member at the HR/POLICY/108.12 51 Page 18 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 discretion of the City Manager will meet to review the appeal and any report sent by the SAP. If the panel overturns the dismissal, the employee may be required to complete any recommendations of the SAP. If an employee is dismissed because of a positive test result, he/she must wait two years before applying for another position with the City. XII. EAP Self-Referral Except for all civil service and non civil service positions in the police department and divisions of the police department, disciplinary action may not be taken against employees who voluntarily identify themselves as having a drug or alcohol problem and obtain counseling and rehabilitation through the City's Employee Assistance Program. However, employees are responsible for violation of policies and procedures and for performing job duties and responsibilities at an acceptable level. Disciplinary action may be imposed for an employee who violates policies and procedures or fails to properly perform job duties and responsibilities both prior to and after the self-referral. An employee may not make a self-referral in order to avoid a potential drug or alcohol test or disciplinary action. An employee may only self-refer once. Employees will be required to enter into an agreement with the City, which will include participation in a follow-up testing program. XIII. Confidentiality of Test Results All information from an employee's or job applicant's drug and alcohol screen shall be disclosed only to those with a need to know of test results, including but not limited to the City Manager, City Attorney, Human Resource Director or Designated Employer Representative, Risk Manager, Department Head, and/or Supervisor. The City and its agents may communicate test results among themselves for official purposes both orally and in writing, and at a judicial or administrative proceeding, including applicable state or federal agencies. Disclosure of test results to any other person, agency, or organization is prohibited to persons not eligible to receive the test results under any applicable law. The results of a positive drug test shall not be released until the results are confirmed. XIV. Laboratory Testing Requirements All drug and alcohol testing of employees and applicants shall be conducted at facilities or laboratories selected by the City (with the exception of a retest as outlined in section XI). To be considered as a testing site, a facility or laboratory must submit in writing a description of the procedures that will be used to maintain test samples. Factors to be considered by the City in selecting a testing facility include: A. Testing procedures that ensure privacy to employees and job applicants consistent with the prevention of tampering; B. Methods of analysis which ensure reliable test results, including the use of gas chromatography/mass spectrometry to confirm positive test results; HR/POLICY/108.12 52 Page 19 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 C. Chain-of-custody procedures which ensure proper identification, labeling, and handling of test samples; and D. Retention and storage procedures that ensure reliable results of confirmatory tests of original samples. XV. Education and Training The City shall train supervisory personnel on the physical, behavioral, and performance indicators of probable drug use and alcohol misuse. The City shall also provide information to employees covered under the DOT on the effects and consequences of prohibited drug use on personal health, safety, and the work environment, and on the signs and symptoms that may indicate prohibited drug use. XVI. Employment At-Will Like all other City of Denton policies, this policy does not alter the employment at-will relationship. This provision shall not be construed as creating contractual rights or as establishing a "just cause" disciplinary or dismissal standard. HR/POLICY/108.12 53 September 16,2022 Report No. 2022-058 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Overview of Drug and Alcohol Related Policies for City of Denton Employees BACKGROUND: Council Member Byrd requested a two-minute pitch on the Sept. 20, 2022 Council meeting as follows: `I would like to schedule a 2-minute pitch to discuss and review the prospect to eliminate from city policy all unnecessary employee drug testing except where unambiguously legally REQUIRED by state or federal law." This Informal Staff Report has been prepared to provide an overview of the City of Denton's current employment policies for drug and alcohol testing. INFORMATION: The City currently has policies in place to provide a work environment that is free of the problems associated with the use and abuse of alcohol and controlled substances, to protect the health and safety of employees and the public, and to remain compliant with federal and state laws. The key City policies relevant to drug and alcohol testing are City Policy 108.12 Anti-Substance Abuse and Rehabilitation and Policy 108.11 Drug and Alcohol-Free Workplace. These policies are attached to this report; however, the following is a brief summary of drug and alcohol testing practices: Main Types: Summary Only: Pre-Employment Per City Policy 108.12, upon a conditional offer of employment, all Drug Screening applicants are required to pass a drug screen prior to their final appointment.An applicant will be notified of drug testing at the time of application and will be allowed the opportunity to withdraw their application anytime upon request. This has been required for all positions per City policy to ensure public trust and integrity of the City's workforce before placing an individual using illegal or controlled substances in the workplace and on the City's payroll. There are also federal and state regulations which may require pre- employment drug screening for certain positions, including complying with the federal Department of Transportation (DOT) requirements. Certain licenses or certifications may also require drug screening in order to hold the license or certification and therefore be eligible for employment; for example,the Texas Commission on Law Enforcement (TCOLE)requires that peace officers must be drug tested to be licensed. pg. 1 54 September 16,2022 Report No. 2022-058 Random Testing for The City only conducts random drug testing for safety-sensitive Defined Safety- positions in compliance with federal Department of Transportation Sensitive Positions (DOT) requirements (DOT 49 CFR regulations) and for safety- sensitive positions as defined in City Policy 108.12. City Policy 108.12 defines safety-sensitive positions as follows: • I.R. Safety-sensitive position is a job where an employee's use of drugs or alcohol could create a threat to safety whereby the employee's ability to perform assigned duties is impaired and the performance of those duties in such mental or physical condition creates or could create a safety hazard that has caused or could cause injury or harm to the employee or other employees or citizens or damage to property. Examples of"safety-sensitive" positions may include, but are not limited to: a. positions involving the use of a vehicle and/or motorized equipment, such as cars, trucks of any size, tractors, mowers, trimmers, trash compactors, saws, and drills as an incidental (10% of time or yearly average of 8 hours per pay period)or as a primary duty (more than 50% of time) b. positions using a deadly weapon c. positions with access to controlled substances and/or hazardous materials/chemicals as defined by the Texas Department of Health d. positions falling under the Department of Transportation rules and regulations e. fire civil service personnel, f. parks leisure services positions involving regular contact with children or elderly adults, or g. designated field personnel in water/wastewater utilities, electric utility, streets, traffic, solid waste, and parks maintenance." Reasonable Reasonable Suspicion is a suspicion based on some objective fact Suspicion Testing derived from the surrounding circumstances to lead a reasonable person to suspect that an employee may be under the influence of alcohol or prohibited substances while on duty. Criteria which may be used by appropriately trained management and supervisory personnel to determine if a test for an employee is necessary and procedures for reasonable suspicion are outlined in City Policy 108.12. If the criteria are met, any City employee on duty may be subject to reasonable suspicion testing. Post-Accident City Policy 108.12 defines the criteria and procedures for when an Testing employee should be tested after a vehicular accident. The City of Denton is committed to providing a safe and secure working environment and it has a legitimate interest in determining the cause of accidents so that it can undertake appropriate corrective measures. DOT positions have certain requirements that must be met. pg. 2 55 September 16,2022 Report No. 2022-058 Considerations and factors that would need to be evaluated further if City Council wishes to have a work session on this topic: • Health & Safety — The health and safety of all employees and the public is the first and foremost priority. The responsibilities and functions of certain safety-sensitive jobs could result in serious bodily injury, harm, or even death, to the employee or others, if the employee is impaired on the job. Having certain tools, such as testing, allows the City as an employer to take proactive and reactive measures to ensure safety and compliance with those policies. • Federal Grant Compliance — As a grantee for numerous federal grants, the City of Denton must comply with the federal Drug-Free Workplace Act of 1988. The Act requires certain federal contractors and all federal grantees to provide a drug-free workplace as a precondition of receiving a contract or grant from a federal agency. The Drug-Free Workplace Act considers cannabis to be a"controlled substance," alongside other drugs such as heroin and methadone, and as such, is subject to the rules under the Act. Therefore, to remain a federal grantee, the City must have a drug-free workplace policy and program that prohibits cannabis. In the U.S. Department of Health & Human Services, Substance Abuse and Mental Health Services Administration (SAMSHA), the model plan for a Comprehensive Drug-Free Workplace includes applicant testing, random testing for designated sensitive positions, reasonable suspicion testing, and accident or unsafe practice testing. Staff would need to evaluate if changes to the City's current requirements may risk the City's good faith effort to maintain a drug-free workplace and meet the requirements of the Act. • Clear Test Standard — Currently, if an employee is sent for testing while on duty (whether that be random,reasonable suspicion, or post-accident testing),there is a clear-cut standard for the application of the test results that a positive test result for marijuana is a violation of City policy. To have any level of subjectivity may open the City up to significant risk because there is a considerable opportunity for inconsistent interpretation and application,among other concerns. One concern is defining at what point a substance in the bloodstream of an individual will or will not have an impact on cognitive and physical functions to not impair their ability to perform their job. Having an unclear standard that can be challenged easily could,among other risk and liability concerns, limit the City's ability as an employer to take or uphold the necessary employment actions to ensure the health and safety of employees and the public or could limit the City's ability to defend itself against claims. • Standard Test Panels — Practically, most tests are structured standard panel tests trying to detect the presence of multiple illegal drugs. DOT (49 CFR Part 40 Subpart F) requires that we test for five classes of drugs: marijuana, cocaine, opiates, amphetamines and methamphetamines, and Phencyclidine (PCP); often referred to as a 5-panel test. pg. 3 56 September 16,2022 Report No. 2022-058 It is possible to order a 4-panel test for non-DOT positions that excludes testing for marijuana. However, if a test is being used to determine what an employee may be under the influence of while on-duty, a full 5-panel should be used, especially in Reasonable Suspicion and Post Accident testing. Furthermore, if there are different tests used in different scenarios at the contracted lab for testing, it may risk the lab applying the wrong test in the different scenarios. This could risk compliance with federal laws if not applied appropriately. CONCLUSION: City staff are continuing to review current City of Denton personnel policies to make necessary updates and recommendations. City staff are currently reviewing and proposing edits and updates to both Policies 108.11 and 108.12, which are expected to be brought forward for City Council approval of the Policy Statements of these documents later this year or early next year. There may be areas that can be recommended to be changed or modified without significantly increasing the City's risk (for example, removing the current policy provision that bars an applicant from applying for City jobs for 2 years after they fail a pre-employment drug test). Staff plans to continue the review that has started and bring forward the recommended policy provisions at a later date. In addition, HR and Safety staff have recently hosted, and will continue to host, Reasonable Suspicion trainings for supervisors,to ensure they are properly trained and prepared to address any situations appropriately per City policy. ATTACHMENTS: • Policy 108.12 Anti-Substance Abuse and Rehabilitation Policy • Policy 108.11 Drug and Alcohol-Free Workplace Reference Links: • U.S. Department of Transportation (DOT) - Procedures for Transportation Workplace Drug and Alcohol Testing Programs (hlt 2s://www.transportation.gov/odgpc/part40) • U.S. Department of Health &Human Services, Substance Abuse and Mental Health Services Administration (SAMSHA) —Model Plan for a Comprehensive Drug-Free Workplace (https://www.samhsa.gov/workplace/about/background#model-plan) pg. 4 57 September 16,2022 Report No. 2022-058 Other: • City of Denton Random Drug Testing Statistics 2019 - 2022 Total 2022 2019-YTD 2019 2020 2021 YTD 2022 Negative 143 139 188 196 666 Positive 1 0 0 2 3 Total: 144 139 188 198 669 STAFF CONTACT: Sarah Kuechler, Director of Human Resources (940) 349-8356 sarah.kuechlerkcityofdenton.com REOUESTOR: Staff Initiated PARTICIPATING DEPARTMENTS: Human Resources, Legal, and City Manager's Office pg. 5 58 CITY OF DENTON PAGE I OF 9 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 108.12 SUBJECT: STANDARDS OF CONDUCT FOR EMPLOYEES INITIAL EFFECTIVE DATE: 07/15/91 TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION LAST REVISION DATE: POLICY 11/26/13 POLICY STATEMENT: The City of Denton recognizes that employee substance abuse can have a serious, adverse impact on its image as a major employer in Denton, its ability to deliver quality services to its citizens, and the general health, welfare, and safety of its employees and the public. The pervasive presence of substance abuse in our society and the adverse effect on employee health, safety, and productivity in the work place requires the establishment of an Anti-substance Abuse and Rehabilitation Program. The City, in considering its daily operations of providing quality services to its citizens, recognizes its responsibility to implement appropriate measures necessary to the safe, efficient, and effective use of its resources, people, facilities, equipment, and finances. It is the City's responsibility to ensure public trust and, in doing so, must implement comprehensive safety measures that protect the well-being of its employees and citizens. It is the policy of the City that employees are prohibited from manufacturing, using, possessing, selling, distributing, consuming, or transporting any controlled substances as defined by the Federal Controlled Substances Act or the Texas Controlled Substances Act, or any alcoholic beverages or intoxicating substances on City property or at any time when conducting City business or performing their job duties and responsibilities, including during any lunch or rest breaks that may be given in which the employee is required to return to work immediately following. An employee is prohibited from performing his or her job duties while under the influence of alcohol or drugs, or if performance is impaired, while under the influence of lawfully prescribed or over-the-counter substances. An employee shall not have drugs or alcohol in his or her urine, blood stream, or breath except pursuant to a valid personal prescription. An employee shall not use or possess alcohol outside of work hours on City property where prohibited by this policy, state, or local law. An employee should not use or possess alcohol or drugs during any lunch or rest breaks that may be given in which the employee is required to return to work immediately following. The employee shall not use alcohol or drugs while wearing a City of Denton uniform or any other article of clothing furnished by the City to employees with an approved City of Denton logo(s) (refer to Public Usage and Standards Policy no. 505.02) or name, irrespective of whether the employee is on duty. There is no intent to intrude upon the private lives of employees or applicants. However, the City is concerned with those job-related situations where the use of drugs or alcohol interferes with the health and safety of employees and the public, affects the employee's work performance during work hours, adversely HR/POLICY/108.12 59 Page 2 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 affects the job performance of other employees, is considered serious enough to be detrimental to the City's conduct of business, or affects the reputation of the City to the general public or threatens its integrity. It is the policy of the City to have an appeal process in the case of employees with confirmed positive tests for drugs or alcohol and to deny employment to applicants with confirmed positive tests for drugs. The City of Denton complies with all applicable regulations and drug and alcohol testing programs, including the Department of Transportation (DOT) and American with Disabilities Act (ADA). Unless otherwise specified,the City of Denton has adopted the drug and alcohol testing procedures and guidelines of the DOT. This policy applies to all employees- regular full-time, regular part-time, temporary, and seasonal. Civil Service employees are subject to the applicable provisions of Chapter 143 of the Texas Local Government Code, Local Rules of the City of Denton Fire Fighters and Police Officers Civil Service Commission, and the general orders of the Police and Fire Departments, which may include the provisions of this policy. This policy also applies to persons serving in an official capacity as a volunteer for the City of Denton as outlined in the Volunteer Procedures policy#409.07. ADMINISTRATIVE PROCEDURES: I. Definitions A. Adulterated test results occur when an agent is added to the urine sample by the donor at the time of collection in an attempt to prevent detection of drug use. B. Alcohol is defined as ethyl alcohol. Alcohol, as used herein, includes any beverage, mixture, or preparation containing ethyl alcohol. C. Alcohol testing is testing for blood alcohol content by an intoxilizer instrument device operated pursuant to state law. D. Cut-off levels are established by analytical methods in the laboratory to determine a quantitative level of a drug in the body. The specific cut-off level is a standard selected by the DOT. E. City property or premises for purposes of this policy, includes ALL property, facilities, buildings, structures, parking areas, and vehicles owned, operated, leased, or under control of the City. An employee is not considered in violation of this policy by transporting or possessing alcoholic beverages on City streets if he or she is: 1. off duty; 2. not wearing a City of Denton uniform or any other article of clothing furnished by the City to employees with an approved City of Denton logo(s) or name; 3. not operating a City-owned, leased, or borrowed vehicle; 4. in a public access area; and 5. in compliance with all applicable laws. HR/POLICY/108.12 60 Page 3 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 F. Detectable level indicates the presence of a drug or substance found in the body in amounts exceeding an established cut-off level. A detectable level of alcohol, as defined by the DOT, is .01 or greater. G. Drug is a controlled substance, controlled substance analogue, narcotic drug, or opiate as defined in Schedules I-V of the Federal Controlled Substance Act, or the Texas Controlled Substance Act, Texas Health & Safety Code, Chapter 481, if obtained or used without a valid prescription for the user or possessor (refer to section IV of this policy). This definition includes but is not limited to marijuana, hashish, cocaine, heroin, morphine, codeine, amphetamines, barbiturates, hallucinogens, inhalants producing mood and mind- altering vapors, and substances chemically similar to these drugs. H. Drug test is the collection of a urine specimen by trained personnel, laboratory analysis of that specimen by Enzyme Immunoassay (EMIT) screening, and confirmation of drug-positive EMIT tests using gas chromatography/mass spectrometry(GC/MS) methods and procedures, or other medically acceptable technology (such as oral fluid drug testing) deemed appropriate by the City of Denton. I. Emergency Call-Back is defined as those employees that on a continuous basis may be asked, but are not scheduled, to report to work outside of normal working hours in an emergency situation. J. Impaired is an employee's diminished capacity to perform duties of the job as determined by a supervisor and/or physician's statement. K. Intoxicating substances is defined to means those substances that are being utilized for the intentional purpose of causing a physical or mind altering state. L. Negative Dilute test results occur when the creatinine and specific gravity levels approach "substituted" values, which might indicate that an attempt has been made by the donor to avoid drug detection. M. On-Call is defined as a period of time during which an employee is advised by his/her supervisor to be accessible for return to work for operational requirements that may develop outside normally scheduled work hours. N. Paraphernalia is defined as equipment, a product, or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a drug or in injecting, ingesting, inhaling, or otherwise introducing into the human body a drug. HR/POLICY/108.12 61 Page 4 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 O. Positive Dilute test results occur when it has been determined by the laboratory through confirmation of the creatinine and specific gravity values that an attempt was made by the donor to avoid drug detection by "flushing out" the drug or by lowering the level of the drug to a concentration less than that of the testing cutoffs. P. Random testing describes the process of testing that assures each employee has an equal chance of being tested each time covered employees are selected for testing. All test results and selected employee names are confidential, and records are maintained separate from employee personnel files. 1. The Department of Transportation (DOT) regulates the percentage of covered employees who are to be randomly tested for drugs and alcohol per calendar year. 2. Employees in other "safety sensitive" positions (as defined in section I-O of this policy) are tested at a minimum of the rate as employees falling under DOT. Q. Reasonable suspicion is a suspicion based on some objective fact derived from the surrounding circumstances to lead a reasonable person to suspect that an employee may be under the influence of alcohol or prohibited substances while on duty. R. Safety-sensitive position is a job where an employee's use of drugs or alcohol could create a threat to safety whereby the employee's ability to perform assigned duties is impaired and the performance of those duties in such mental or physical condition creates or could create a safety hazard that has caused or could cause injury or harm to the employee or other employees or citizens or damage to property. Examples of"safety-sensitive"positions may include,but are not limited to: a. positions involving the use of a vehicle and/or motorized equipment, such as cars, trucks of any size, tractors, mowers, trimmers, trash compactors, saws, and drills as an incidental (10% of time or yearly average of 8 hours per pay period) or as a primary duty(more than 50% of time) b. positions using a deadly weapon c. positions with access to controlled substances and/or hazardous materials/chemicals as defined by the Texas Department of Health d. positions falling under the Department of Transportation rules and regulations e. fire civil service personnel, f. parks leisure services positions involving regular contact with children or elderly adults, or g. designated field personnel in water/wastewater utilities, electric utility, streets, traffic, solid waste, and parks maintenance. HR/POLICY/108.12 62 Page 5 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 S. Substituted test results occur when the creatinine concentration of the urine sample is less than or equal to 5 mg/dL and the specific gravity of the urine sample is less than or equal to 1.001 or greater than or equal to 1.020 on both the initial and confirmatory creatinine and specific gravity tests. These results suggest that the donor has altered the specimen to avoid detection of drug use. T. Unsuitable for testing test results occur when unidentified adulterants or endogenous products are detected in the donor's urine and interfere with any of the testing process. U. Vehicular Accident is defined as an event where any damage occurs to a vehicle, motor- driven equipment, or other property, or where an injury occurs to any person, due to the operation (use of or failure to use steering, braking, acceleration, and/or operational systems) of a vehicle or motor-driven equipment by an employee. However, this does not include normal wear and tear or incidents that the operator had no control over (such as flying debris that cannot be avoided) as determined by the supervisor. V. Work Hours includes anytime an employee is performing work for the City. 11. Prohibited Items. The manufacture, use, possession, sale, distribution, consumption, or transportation of any of the following substances by employees while on City property, conducting City business, or performing job duties and responsibilities is prohibited. These violations will result in notification of appropriate law enforcement personnel, reasonable suspicion drug, and/or alcohol testing, and will result in disciplinary action,up to and including dismissal. A. Drugs(as defined in section I-G of this policy) B. Alcoholic beverages or other intoxicating substances (as defined in sections I-B and I-K of this policy) —however, an employee may possess, consume, or transport alcoholic beverages while off duty (in compliance with section I-E of this policy) unless local or state law otherwise prohibits the possession or consumption of alcoholic beverages. C. Drug paraphernalia (as defined in section I-N of this policy). Prohibited items do not include the possession or transportation of any substance or item by Police Department personnel in fulfillment of legitimate law enforcement activities, nor is this description intended to infringe upon or impede any lawful law enforcement function associated with the investigation of criminal offenses under the Federal or State Controlled Substances Act, or ordinances of the City of Denton. III. Prescriptions and Over-The-Counter Medications. Prescriptions and over-the-counter medications are prohibited except when all of the following conditions are met: A. The prescription drugs are prescribed by a physician licensed to practice medicine in the United States or its territories for the person in possession of the drugs; HR/POLICY/108.12 63 Page 6 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 B. The prescription has been filled by a registered/licensed pharmacist within the last twelve (12) months for the person possessing the drug or medication; C. The drugs or medications are ingested or administered only in the prescribed or recommended therapeutic dosages; D. The employee or applicant must be able to produce evidence of a valid prescription to a medical review officer as requested, and E. The employee taking the drug or medication has informed his or her supervisor that he or she is taking a medication that could impair his or her ability to perform his or her job duties, including but not limited to the operation of vehicles or motorized equipment. The City, at all times, reserves the right to have a designated City physician determine if a prescription drug or medication produces hazardous effects and may restrict the job duties performed while using any drug or medication accordingly. IV. Conferences Employees attending training and conferences may participate in social functions associated with the conference. This may include the consumption of alcohol, so long as the employee is not wearing a City of Denton uniform or any other article of clothing furnished by the City to employees with an approved City of Denton logo(s) or name and the employee's conduct does not reflect adversely upon the City. Employees who consume alcohol at these functions shall follow the law and exercise caution in driving personal vehicles and shall not operate a City-owned, City- leased, or City-rented vehicle. V. Emergency Call Back Employees subject to continuous emergency call-back are required to declare to their supervisors the use of alcohol or drugs including prescribed medication that might affect their ability to perform under an emergency. The supervisor shall determine if the employee is fit to work and in what capacity. VI. On-Call Because employees with on-call status are potentially required to be actively working, an "on call" employee is prohibited from consuming alcoholic beverages or using drugs that may impair his or her performance. If an employee is taking prescription medication that may impair his or her performance when called back to work, he or she should notify his or her supervisor. The supervisor shall determine if the employee is fit to work and in what capacity. HR/POLICY/108.12 64 Page 7 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 VII. Use of Substances Outside of Work Hours An employee shall not use or possess drugs or alcohol outside of work hours on City property as defined by section I-E, including during any lunch or rest breaks that may be given in which the employee is required to return to work immediately following. An employee shall not use alcohol or drugs before or after work hours while wearing a City of Denton uniform or any other article of clothing furnished by the City to employees with an approved City of Denton logo(s) or name. VIII. Notice of Testing Policy The Human Resources Department shall provide informed and/or written notice of its drug and alcohol testing policy to all job applicants and employees. The notice shall contain the following information: ■ the need for drug and alcohol testing; ■ circumstances under which testing may be required; ■ the procedure for confirming an initial positive drug and/or alcohol test result; ■ consequences of a confirmed positive test result; ■ consequences of refusing to undergo a drug and/or alcohol test; ■ the appeal procedures available for a positive test result; and ■ the availability of drug abuse counseling and referral services. Applicants will be notified of the City's policy to conduct drug testing as part of the employment process. When an applicant reports to a testing site for testing, he or she shall first present valid picture identification, such as issued by the Department of Public Safety or a passport to the tester. IX. Consent Before a drug or alcohol test is administered, the employee or job applicant will be required to sign a consent form authorizing the test and permitting release of test results to those City officials with a need to know or as required by law, except those exempt pursuant to DOT regulations 49 Part CFR 40.27. The consent form shall provide space for employees and applicants to acknowledge that they have been notified of the City's drug testing policy. By continuing employment with the City of Denton, employees have consented to the adoption of this policy and testing program. A. Refusal to Test 1. Applicants: A job applicant who refuses to consent to a drug test will be denied employment with the City. 2. Employees: An employee who refuses to consent to a drug and/or alcohol test will be subject to dismissal. HR/POLICY/108.12 65 Page 8 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 The consent form shall not be altered or changed by the applicant or employee. Altering or refusing to sign the consent form shall be considered a refusal to consent to the drug and/or alcohol test. B. Complaints or Grievances Any complaints or grievances about the testing procedure are to be made by the employee through his/her normal chain of command pursuant to the City of Denton Problem Solving Policy 115.02. Those conducting the testing shall not be harassed or abused either verbally or physically during any drug or alcohol testing procedure. Any conduct that is perceived by the testing personnel as harassing or verbally or physically abusing will be deemed as failing to cooperate fully with the collection of breath, saliva, and/or urine samples and shall be considered as insubordination and thus subject to disciplinary action up to and including dismissal. X. Types of Testing A. Pre-Employment(Job Applicant Testing) Upon a conditional offer of employment, all applicants are required to pass a drug screen prior to his or her final appointment. An applicant will be notified of drug testing at the time of application and will be allowed the opportunity to withdraw his or her application anytime upon request. B. Reasonable Suspicion The decision to conduct reasonable suspicion alcohol and drug testing will be determined on a case-by-case basis. Note: With reasonable suspicion, an alcohol test will be conducted first. If the alcohol test is negative, then the employee will be subject to a drug test. 1. Criteria which may be used by appropriately trained management and supervisory personnel to determine if a test for an employee is necessary include, but are not limited to, the following: a. Observed alcohol or drug use during working hours; b. Apparent physical state of intoxication or drug induced impairment of motor function; c. Incoherent or irrational mental state; d. Marked changes in personal behavior or attitude not attributable to other factors; HR/POLICY/108.12 66 Page 9 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 e. Deteriorating work performance, attendance, or tardiness problems not attributable to other factors; f. Information received from appropriately trained sources in determining reasonable suspicion that indicates the employee has been involved in alcohol or drug use; g. Other employee actions or conduct that leads to a suspicion of drug or alcohol use such as presence of physical symptoms that may include glassy or blood-shot eyes, alcohol beverage odor on breath, slurred speech, poor coordination or reflexes, unsteady gait, mood changes (including inappropriate gaiety or lethargic behavior), unpredictable responses to ordinary requests, etc. which leads managers and supervisors to believe that the employee is under the influence of alcohol or drugs, suffers from substance abuse or is in violation of City or departmental rules, regulations, or procedures concerning the use of such substances; h. Any violation of the City of Denton's Drug Free Work Place Policy(108.11). 2. Supervisory Procedures in the Event of Reasonable Suspicion a. A supervisor or trained personnel (in compliance with section XV of this policy) may require an employee to undergo alcohol and drug testing if he/she has reasonable suspicion that the employee is under the influence of alcohol and/or drugs during work hours as described above. Supervisors are required to complete an "Observation Checklist" if they have received training (in compliance with XV of this policy), which can be found on the City's Intranet site, to list the symptoms or observations that formed the basis for their determination that reasonable suspicion existed to warrant the testing of an employee. This documentation shall be forwarded to the Human Resources Department. If a supervisor has not been trained, he/she should contact Human Resources or someone in their chain of command. The facts underlying the determination of reasonable suspicion should be disclosed to the employee at the time the supervisor requires the employee to undergo reasonable suspicion alcohol and drug testing. b. If an employee refuses to consent to a reasonable suspicion test, he/she should be escorted to the Human Resources department if during normal work hours. If after normal work hours, he/she should be escorted home by appropriate supervisory personnel or another City employee with departmental authority and placed on administrative leave with pay until contacted by his or her supervisor. In the rare instances when a supervisor or another City employee with departmental authority is unable to escort the employee home, the supervisor may make arrangements for a reasonable party to pick-up the employee from the worksite. HR/POLICY/108.12 67 Page 10 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 C. Once the supervisor has established reasonable suspicion, an employee must submit to an alcohol and drug screen immediately upon request. An alcohol test will be conducted first. If the alcohol test is negative or the results are at a detectable level below .039, then the employee will be subject to a drug test. The employee's supervisor shall give the employee a direct order, as a condition of employment, to submit to an alcohol and drug screen with the warning that refusal to comply will result in dismissal. (For results that are not negative or are .039 or above,refer to section XI. B. of this policy.) d. The employee shall be further instructed to cooperate throughout the alcohol and drug screening procedure, including following all directions received from trained personnel at the alcohol and drug screening collection site. The employee, in no case, shall be permitted to continue working or remain unattended while screening approval or arrangements are being effected. The employee will be placed on administrative leave with pay pending results of the test. e. The department supervisor shall immediately, if during normal weekday office hours (7 a.m. to 5 p.m., Monday through Friday), notify the Director of Human Resources or designated representative in the Human Resources Department to arrange for the alcohol and drug screening. If after normal weekday office hours, the supervisor should notify Human Resources the next business day. If the necessity to arrange for an alcohol and drug screening occurs, the supervisor or another City employee with departmental authority must escort the employee to the designated drug screening collection site. The employee shall never be permitted to operate a vehicle or motorized equipment. f. Supervisory personnel and appropriate medical personnel shall take the necessary actions to prevent the employee's alteration or falsification of the alcohol and drug screen procedure. An appropriate chain of custody procedure will be followed at the collection site to ensure the accuracy and integrity of the testing procedure and test results. g. The employee should not return to work in any capacity until results are confirmed negative. h. If the results are "non-negative," the employee needs to be escorted home by appropriate supervisory personnel or another City employee with departmental authority and placed on administrative leave without pay. In the rare instances when a supervisor or other City employee with departmental authority is unable to escort the employee home, the supervisor may make arrangements for a reasonable party to pick-up the employee from the worksite. HR/POLICY/108.12 68 Page 11 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 C. Post Accident Vehicular Accidents (includes City vehicles and motorized equipment as well as leased vehicles, personal vehicles, rental vehicles, or borrowed vehicles if being operated to conduct City business): 1. An employee should ALWAYS be tested for DRUGS if any one or more of the following conditions apply: a. there has been a death to a citizen or another employee during work hours due to a vehicular accident; b. there has been a vehicular accident from which injury to an employee or citizen has occurred during work hours that requires immediate treatment at a doctor's office or hospital; c. there has been any damage to City and/or citizen property during work hours due to a vehicular accident (exceptions include employee's vehicle being hit from behind while legally stopped); or d. there has been a vehicular accident on a public street during work hours and the police officer issues a citation to the employee. 2. An employee should ALWAYS be tested for ALCOHOL if any one or more of the following conditions apply: a. there is reasonable suspicion as determined by an appropriately trained supervisor; or b. an employee has a commercial driver's license and is required to use the license to perform his/her job duties and has an accident while using his/her commercial driver's license that involves one or more of the following: i. a human fatality; ii. a bodily injury which requires immediate medical treatment away from the scene AND a citation is issued to the employee (a DOT test is not required if a citation is not issued); or iii. there has been disabling damage to any motor vehicle requiring tow away AND a citation is issued to the employee (a DOT test is not required if a citation is not issued). HR/POLICY/108.12 69 Page 12 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 3. A drug test must be conducted along with ANY post-accident alcohol test unless the alcohol test results are .04 or greater. 4. Under no circumstances should a post-accident test be waived if any of the above criteria are met. a. If required, an alcohol test should be conducted immediately (if there are no incapacitating injuries). If an alcohol test is not conducted within two (2) hours after the accident, a memo should be written as to why an alcohol test was not conducted within that time Name. This memo should be forwarded to the Human Resources department to be filed. All attempts to test should cease if it has been longer than eight (8)hours. b. A drug test should be conducted immediately (if there are no incapacitating injuries). If a drug test is not conducted within two (2) hours, a memo should be written as to why a drug test was not conducted within that time frame. This memo should be forwarded to the Human Resources Department to be filed. All attempts to test should cease if it has been longer than thirty-two (32)hours. 5. It is the employee's responsibility to contact his or her supervisor immediately, unless incapacitated, after an accident has occurred so that appropriate action can be taken. Failure to report an accident will result in disciplinary action, up to and including dismissal. 6. Oral fluid testing may be conducted for post-accident drug tests. Employees with negative test results may return to work. Section XI.A. will apply for employees with "non-negative" test results and employees required to take a drug test under the DOT guidelines. 7. If oral fluid collection cannot be taken on-site, the employee shall be escorted to the alcohol and/or drug screening collection site by appropriate supervisory personnel or other City employee with departmental authority. The employee shall not be permitted to operate a vehicle or motorized equipment. 8. Employees who are tested as a result of a non-DOT accident may return to work and assigned duties as long as the result(s) of the drug and/or alcohol test (where applicable) is/are confirmed negative. Employees who are tested as a result of a DOT accident will be escorted to the testing facility for an alcohol test and a split specimen urine drug screen. In this instance, the employee may return to work and assigned duties as long as the initial result(s)of the alcohol and/or drug test is/are confirmed negative. HR/POLICY/108.12 70 Page 13 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 If the result(s) is/are "non-negative," the employee needs to be escorted home by appropriate supervisory personnel or another City employee with departmental authority and will not be able to return to work until the results are confirmed negative. In the rare instances when a supervisor or another City employee with departmental authority is unable to escort the employee home, the supervisor may make arrangements for a reasonable party to pick-up the employee from the worksite. D. On-the-Job Injuries I. If there is a reasonable suspicion that the employee is under the influence of alcohol and/or drugs during work hours and that drugs or alcohol contributed to the injury, then a supervisor or trained personnel may require an employee, in compliance with sections X.B. and XV of this policy, to undergo alcohol and drug testing. 2. It is the employee's responsibility to contact his or her supervisor immediately, unless incapacitated, after an injury has occurred so that appropriate action can be taken. Failure to report an injury will result in disciplinary action, up to and including dismissal. The Director of Human Resources or designated representative of the Human Resources Department shall be responsible for notifying the Department Head or designee of the alcohol and/or drug screening results as soon as this information is available. When requested, copies of the laboratory report reflecting the alcohol and drug screening results shall be transmitted to the aforementioned officials when the report is available. E. Employees Transferring to Other Jobs within the City Any employee moving from a"non-safety" sensitive position to a"safety-sensitive"position or moving from a "safety-sensitive" position (as defined by the City) to a DOT "safety-sensitive" position (as defined by the Department of Transportation) will be required to pass a drug screen as a condition of final appointment. Questions concerning whether a specific position is deemed safety-sensitive should be addressed to the Human Resources Department. F. Random Testing 1. Federally Regulated Random testing In response to the DOT 49 CFR regulations, employees who are in positions that require the use of a commercial driver's license (CDL) are subject to random drug and HR/POLICY/108.12 71 Page 14 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 alcohol testing according to federal regulations and guidelines. 2. Random testing per City of Denton Policy Employees in positions that are considered safety-sensitive positions (as defined by section I-R of this policy) are subject to random drug and alcohol testing. Questions concerning whether a specific position is deemed safety sensitive should be addressed to the Human Resources Department. Employees who are tested under random testing may return to work and assigned duties pending confirmed results of the test. If the results are confirmed negative, no further action is taken. If the results are "non-negative," the employee needs to be escorted home by appropriate supervisory personnel or another City employee with departmental authority and will not be able to return to work until the results are confirmed negative. In the rare instances when a supervisor or another City employee with departmental authority is unable to escort the employee home, the supervisor may make arrangements for a reasonable party to pick-up the employee from the worksite. G. Follow-up Testing In the event an employee self refers in accordance with section XII or appeals a termination in accordance with section XI.C.2,the employee may be subject to follow-up testing. Follow-up tests are unannounced. Follow-up tests will be conducted in accordance with the recommendation of the Substance Abuse Professional. However, for DOT employees at least six (6) tests must be conducted in the first 12 months after the employee returns to duty. Follow-up testing may be extended for up to 60 months following return to duty. XI. Confirmation of Test Results A. Confirmed Positive Results of Drug Screen In the event an oral fluid drug test is conducted and the results are non-negative or for DOT tests, the employee will be escorted by the supervisor or another City employee with departmental authority to the drug screening collection site for a urine drug test. For all drug testing, if the initial urine drug test is non-negative, a second test of the same sample will be performed to confirm results. The results of a positive urine drug test shall not be released until the results are confirmed through GC/MS testing and MRO review. HR/POLICY/108.12 72 Page 15 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 1. Drugs tested and cut off levels Cut-off Levels List of Drugs Tested For Also Known As Urine Oral Fluid *Amphetamines Speed, Uppers, etc. 500 ng/ml 50 ng/ml *Methamphetamines Meth, Ice, Crank, etc. (incl. in Amph) 50 ng/ml *Opiates Heroin, Opium, etc. 2,000 ng/ml 40 ng/ml *Cannabinoids Marijuana,Hashish, etc. 50 ng/ml 12 ng/ml *Cocaine Coke, Crack, etc. 150 ng/ml 20 ng/ml *Phencyclidine Angel, Dust, Hog, etc. 25 ng/ml 10 ng/ml The City also reserves the right to test for: Cut-off Levels List of Drugs Tested For Common References Urine Oral Fluid Synthetic Cannabinoids K2, Spice, etc. N/A N/A * Detection limit in a given specimen will vary within the listed range and will depend on which class members and/or metabolites are present. *Detection limits have also been set by HHS. However, nothing contained in the above cut off levels shall conflict with standards promulgated by the Department of Transportation(DOT). The City reserves the right to modify the drugs to be tested given the circumstances of the reasonable suspicion test, unless it conflicts with DOT rules and regulations. In the case of a conflict, the City reserves the right to test for other substances under its non-DOT testing guidelines,if applicable. 2. Retest of original sample An employee or applicant who does not pass the drug test may request a retest of the original sample within three (3) business days of his or her receipt of the drug test results at his/her expense. The employee or applicant may request retesting by the same laboratory or by a second laboratory that is certified to perform drug tests by the HHS (Department of Health and Human Services) under the National Laboratory Certification Program (NLCP). The originating laboratory must follow the external chain-of-custody procedure outlined in the HHS mandatory guidelines for federal workplace drug testing programs when transferring the sample. If the two tests have conflicting results, a third test will be run at a different, approved lab and funded by the City. The result of the third test will be binding. HR/POLICY/108.12 73 Page 16 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 Any employee requesting a retest of the original sample will be required to use any accrued vacation time pending the results of the test. If the employee has no accrued vacation time, the employee will be placed on administrative leave without pay. If the final test is confirmed negative, the employee will be reimbursed for vacation time used or the time placed on administrative leave without pay and the cost of the second test. 3. Procedure for Insufficient Amount of Urine a. If an employee or applicant is unable to give a sufficient sample as defined by DOT, he/she will follow DOT guidelines for insufficient amount of urine for a drug test (49 CFR Part 40.193) — These guidelines allow the individual to drink up to 40 ounces of fluid, distributed reasonably through a period of up to three hours, or until the individual has provided a sufficient urine specimen, whichever occurs first. If the applicant/employee refuses to make the attempt to provide a new urine specimen or leaves the collection site before the collection process is complete, the collection process will be discontinued. This will be considered a refusal to test (as defined in section IX-A of this policy). b. If the applicant/employee has not provided a sufficient amount of urine after following the DOT guidelines above, the City's Designated Employer Representative (DER) will direct the applicant/employee to obtain, within five days, an evaluation from a licensed physician, acceptable to the MRO, who has expertise in the medical issues raised by the employee's failure to provide a sufficient specimen. (Note: Employees will be placed on administrative leave with pay until the evaluation is provided to Human Resources or five days whichever comes first.) If accepted by the MRO, the test will be cancelled. If not accepted by the MRO, the test will be considered a refusal to test(as defined in section IX-A of this policy). 4. Procedures for Dilute, Unsuitable, Substituted,or Adulterated Drug test Results If the initial drug screen is reported as a negative dilute, no further action will be required UNLESS the creatinine concentration of the specimen was equal to or greater than 2mg/dL, but less than or equal to 5 mg/dL. Under these circumstances, a job applicant or employee will be required to provide a new sample immediately under direct observation (direct observation means a trained lab technician will visually observe the production of the urine specimen). The result of the second test will be the test of record. a. If the initial drug screen is reported as a positive dilute, this will be considered a refusal to test(as defined in section IX-A). b. If the initial drug screen is reported as unsuitable or rejected for testing,the HR/POLICY/108.12 74 Page 17 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 employee or job applicant must provide a new sample under direct observation as soon as possible. c. If the initial drug screen is reported as substituted or adulterated, this will be considered a refusal to test(as defined in section IX-A). B. Detectable levels and Confirmed Positive Results of Alcohol If the initial alcohol test is above .000, a second test will be performed to confirm results. The results of a positive alcohol test shall not be released until results are confirmed. 1. If an employee's confirmed test result is between .001 and .019, he/she will be removed immediately from his/her safety-sensitive position until there is no detectable level of alcohol in his/her system and will be subject to discipline, up to and including dismissal. 2. If an employee's confirmed test result is between .02 and .039, he/she will be removed immediately from his/her safety-sensitive position for a minimum of twenty-four(24) hours and be subject to discipline, up to and including dismissal. 3. If an employee's confirmed Blood Alcohol Content test result is .04 or greater, he/she will be dismissed from employment unless appealed and overturned. C. Consequences of a Confirmed Positive Test Result 1. Applicants: A job applicant will be denied employment with the City if his or her initial positive test results have been confirmed. Applicants who are denied employment due to a positive drug test result must wait two years before applying for another position with the City. 2. Employees: If an employee's "non-negative" test result has been confirmed positive, the employee will be dismissed. However, the employee will be allowed to appeal his/her dismissal from employment. The appeal must be submitted in writing to the Human Resources Director within 10 business days of the dismissal. The appeal should include a thorough explanation as to why the employee feels he/she should not be dismissed. Upon request of an appeal, the employee will be required to meet with a Substance Abuse Professional (SAP) through the City's Employee Assistance Program (EAP). The employee must meet with the SAP within three (3) business days of appealing the dismissal. If this timeframe cannot be met due to the SAP's schedule, the employee must notify the Human Resources Director or designated representative prior to the expiration of the three(3)business days. After the employee meets with the SAP, any report provided by the SAP will be sent to the City's Human Resources Department. A panel consisting of the City Manager, an Assistant City Manager, and the Human Resources Director or alternate member at the HR/POLICY/108.12 75 Page 18 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 discretion of the City Manager will meet to review the appeal and any report sent by the SAP. If the panel overturns the dismissal, the employee may be required to complete any recommendations of the SAP. If an employee is dismissed because of a positive test result, he/she must wait two years before applying for another position with the City. XII. EAP Self-Referral Except for all civil service and non civil service positions in the police department and divisions of the police department, disciplinary action may not be taken against employees who voluntarily identify themselves as having a drug or alcohol problem and obtain counseling and rehabilitation through the City's Employee Assistance Program. However, employees are responsible for violation of policies and procedures and for performing job duties and responsibilities at an acceptable level. Disciplinary action may be imposed for an employee who violates policies and procedures or fails to properly perform job duties and responsibilities both prior to and after the self-referral. An employee may not make a self-referral in order to avoid a potential drug or alcohol test or disciplinary action. An employee may only self-refer once. Employees will be required to enter into an agreement with the City, which will include participation in a follow-up testing program. XIII. Confidentiality of Test Results All information from an employee's or job applicant's drug and alcohol screen shall be disclosed only to those with a need to know of test results, including but not limited to the City Manager, City Attorney, Human Resource Director or Designated Employer Representative, Risk Manager, Department Head, and/or Supervisor. The City and its agents may communicate test results among themselves for official purposes both orally and in writing, and at a judicial or administrative proceeding, including applicable state or federal agencies. Disclosure of test results to any other person, agency, or organization is prohibited to persons not eligible to receive the test results under any applicable law. The results of a positive drug test shall not be released until the results are confirmed. XIV. Laboratory Testing Requirements All drug and alcohol testing of employees and applicants shall be conducted at facilities or laboratories selected by the City (with the exception of a retest as outlined in section XI). To be considered as a testing site, a facility or laboratory must submit in writing a description of the procedures that will be used to maintain test samples. Factors to be considered by the City in selecting a testing facility include: A. Testing procedures that ensure privacy to employees and job applicants consistent with the prevention of tampering; B. Methods of analysis which ensure reliable test results, including the use of gas chromatography/mass spectrometry to confirm positive test results; HR/POLICY/108.12 76 Page 19 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 C. Chain-of-custody procedures which ensure proper identification, labeling, and handling of test samples; and D. Retention and storage procedures that ensure reliable results of confirmatory tests of original samples. XV. Education and Training The City shall train supervisory personnel on the physical, behavioral, and performance indicators of probable drug use and alcohol misuse. The City shall also provide information to employees covered under the DOT on the effects and consequences of prohibited drug use on personal health, safety, and the work environment, and on the signs and symptoms that may indicate prohibited drug use. XVI. Employment At-Will Like all other City of Denton policies, this policy does not alter the employment at-will relationship. This provision shall not be construed as creating contractual rights or as establishing a "just cause" disciplinary or dismissal standard. HR/POLICY/108.12 77 CITY OF DENTON PAGE I OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 108.11 SUBJECT: STANDARD OF CONDUCT FOR EMPLOYEES INITIAL,EFFECTIVE DATE: 06/20/89 TITLE: DRUG AND ALCOHOL FREE WORK PLACE LAST REVISION DATE: 01/01/02 POLICY STATEMENT: It is the policy of the City of Denton to provide employees with a working environment that is free of the problems associated with the use and abuse of alcohol and controlled substances. The use of alcohol and controlled substances is inconsistent with the behavior expected of employees and subjects the City to unacceptable risks of work place accidents or other failures that would undermine the City's ability to operate effectively and efficiently. Noncompliance with the policy set forth below will result in termination. GENERAL: The City of Denton shall, in compliance with the Omnibus Drug Initiative Act of 1988, take those steps required by the Act to ensure that its work place is drug and alcohol free. All employees shall receive a copy of the City's "Drug and Alcohol Free Work Place" policy, Appendix I. All persons newly hired by the City shall receive a copy of the policy during the new employee orientation process. Any employee found in violation of this policy shall be disciplined and such discipline may include termination. The City provides an Employee Assistance Program that is designed to assist employees and their families with personal and behavioral problems that have or could adversely affect job performance. ADMINISTRATIVE PROCEDURES: I. The non-prescriptive use, sale, possession, distribution, dispensation, manufacture, or transfer of controlled substances on City property or other work sites where employees may be assigned or elsewhere during work hours is strictly prohibited. Further prohibited is the use, sale, possession, distribution, dispensation, manufacture, or transfer of controlled substances on non-working time to the extent such activity impairs an employee's ability to perform his or her job or where such use, sale, possession, distribution, manufacture, or transfer affects the reputation of the City to the general public or threatens its integrity. Persons violating the City policy will be subject to disciplinary action that may include termination for a first offense. 11. Employees are prohibited from possessing, consuming or transporting any alcoholic beverages or other intoxicating substances on City property at any time when conducting City business or when performing their job duties and responsibilities or otherwise violating Policy 108.12. HR/POLICY/108.11 78 PAGE 2 OF 4 POLICY/ADNHNISTRATIVE PROCEDURE/ADNIINISTRATIVE DIRECTIVE (Continued) TITLE: DRUG AND ALCOHOL FREE WORK PLACE REFERENCE NUMBER: 108.11 III. Employees who are convicted of controlled substances-related violations or alcohol-related violations occurring in the work place under state or federal law or who plead guilty or "no contest" to such charges will be terminated. Employees must report the conviction to the Director of Human Resources or designated representative and Department Director or designated representative within five (5)business days from the date of the conviction. IV. Employees who are arrested for controlled substances-related violations or alcohol-related violations occurring in the work place must report the arrest to the Director of Human Resources or designated representative and Department Director or designated representative as soon as possible but no later than twenty-four (24) hours. Failure to do so will result in disciplinary action, up to and including termination from employment for a first offense. "Controlled Substance" is defined to mean those drugs listed in Schedules I through V of Section 202 of the Federal Controlled Substances Act, 21 U.S.C. § 812, and includes, but is not limited to, marijuana, cocaine (including "crack" and other cocaine derivatives), morphine, heroin, amphetamines, and barbiturates. When used in this policy, the term "drugs" means "controlled substances." The term does not include those controlled substances used pursuant to and in accordance with a valid prescription. V. DRUG FREE AWARENESS PROGRAM A. The Human Resources Department shall publish a policy statement notifying all employees that the City is committed to maintaining a drug and alcohol free work place. This policy statement shall be given to all persons newly hired by the City during new employee orientation. B. The City shall establish a drug and alcohol free work place awareness program for its employees and as mandated by the Federal Department of Transportation's regulations, for employees who are required to possess and utilize a commercial driver's license to perform their jobs and for supervisors who oversee those employees. The purpose will be to make employees aware of the dangers of drug and alcohol abuse and the assistance that is available to combat these problems. This program shall include an educational component designed to inform employees of the dangers of drug and alcohol abuse in the work place. This program shall inform all employees of the City's commitment to maintaining a drug and alcohol free work place. The program shall direct employees to seek assistance through the City's Employee Assistance Program. The program will further alert employees to the penalties for violating this policy. HR/POLICY/108.11 79 PAGE 3 OF 4 POLICY/ADNIINISTRATIVE PROCEDURE/ADNIINISTRATIVE DIRECTIVE (Continued) TITLE: DRUG AND ALCOHOL FREE WORK PLACE REFERENCE NUMBER: 108.11 C. Employees must, as a condition of employment: 1. Abide by the terms of the City's "Drug and Alcohol Free Work Place" policy, attached as Appendix I; and, 2. Notify their supervisor or Department Director and Director of Human Resources or designee of any criminal drug or alcohol statute conviction for a violation (or a plea of no contest) occurring at the work place no later than five (5) days after such conviction. Notify their supervisor or Department Director and the Director of Human Resources or designee of any arrest for drug or alcohol related violations occurring at the work place as soon as possible but no later than twenty four (24) hours. 3. A Department Director, upon receiving notification of an employee's conviction (or plea of guilty or no contest) or arrest of a violation, must notify the Director of Human Resources immediately. The Director of Human Resources will in turn notify the affected Department Director if he/she becomes aware of a conviction or arrest. The Director of Human Resources must ensure that the appropriate federal funding agency is notified of the conviction within ten (10) days after the City was notified of the conviction. 4. The Omnibus Drug Initiative Act of 1988 requires the City to take appropriate disciplinary action within thirty (30) days after receiving notice of an employee's conviction (or a plea of guilty or no contest) of a violation of a criminal drug or alcohol statute occurring at the work place. The disciplinary action will be termination. 5. Supervisors who suspect an employee is involved in some illegal drug-related activity will notify their Department Director and Director of Human Resources, or designee, immediately to determine appropriate actions. All supervisory personnel shall read and be familiar with this policy and the City's Employee Assistance Program. HR/POLICY/108.11 80 PAGE 4 OF 4 POLICY/ADNIINISTRATIVE PROCEDURE/ADNIINISTRATIVE DIRECTIVE (Continued) TITLE: DRUG AND ALCOHOL FREE WORK PLACE REFERENCE NUMBER: 108.11 APPENDIX I CITY OF DENTON DRUG AND ALCOHOL FREE WORK PLACE POLICY It is the policy of the City of Denton to provide employees with a working environment that is free of the problems associated with the use and abuse of alcohol and controlled substances. The use of alcohol and controlled substances is inconsistent with the behavior expected of employees and subjects the City to unacceptable risks of work place accidents or other failures that would undermine the City's ability to operate effectively and efficiently. Noncompliance with the policy set forth below will result in termination. I. The non-prescriptive use, sale, possession, distribution, dispensation, manufacture, or transfer of controlled substances on City property or other work sites where employees may be assigned or elsewhere during work hours is strictly prohibited. Further prohibited is the use, sale, possession, distribution, dispensation, manufacture, or transfer of controlled substances on non-working time to the extent such activity impairs an employee's ability to perform his or her job, or where such use, sale,possession, distribution, manufacture, or transfer affects the reputation of the City to the general public or threatens its integrity. Persons violating the City policy will be subject to disciplinary action,which may include termination for a first offense. II. Employees are prohibited from possessing, consuming or transporting any alcoholic beverages or other intoxicating substances on City property at any time when conducting City business or when performing their job duties and responsibilities(see Policy 108.12). III. Employees who are convicted of controlled substances-related violations or alcohol-related violations in the work place under state or federal law or who plead guilty or"no contest"to such charges will be terminated. Employees must report the conviction to the Director of Human Resources or designated representative and Department Director or designated representative within five(5)business days. N. Employees who are arrested for controlled substances-related violations or alcohol-related violations in the work place must report the arrest to the Director of Human Resources or designated representative and Department Director or designated representative as soon as possible but no later than twenty-four(24)hours. Failure to do so will result in disciplinary action, up to and including termination from employment for a first offense. I have read and understand the foregoing policies and agree to abide by the terms and conditions set forth. Employee Name(Please Print or Type) Employee Signature Department/Division Date "Controlled Substance"is defined to mean those drugs listed in Schedules I through V of Section 202 of the Federal Controlled Substances Act, 21 U.S.C. § 812, and includes,but is not limited to, marijuana, cocaine (including "crack" and other cocaine derivatives), morphine,heroin,amphetamines,and barbiturates. When used in this policy,the term"drugs"means "controlled substances." The term does not include those controlled substances used pursuant to and in accordance with a valid prescription. "Alcohol"is defined as ethyl alcohol. Alcohol, as used herein,includes any beverage,mixture or preparation containing ethyl alcohol. HR/POLICY/108.11 81 FY 21/ 22 Council Requests Number of Pending Requests by Council Member Number of Requests for Departments Current Year Requests by Council Person 1s 11 Community Svcs - 10 6 7 Environmental Svcs s Public;^forks 200 ■ ■ 1 0 0 . Capital Projects - 0 Utilities 38 r5 s A�a 0°� A; �a ,fir CMO 52 W o a vf,.' 4 og �` Gcca e° Library I Total Requests Made 224 `v°�aA P aocGra Legal .57 Sao ��ac Fire Police 26 Tech Services I .54 Number of Requests Per Quarter Airport Public Affairs'Customer Svc 200 97 152 189 134 Economic Development 100 ■ Development Svcs - 0 Finance Jesse Davis• Mayor Gerard Hudspeth 0 Vicki Byrd 012122 022122 Q32122 0421/22 Audit . Bran Beck• Alison Maguire Chris Watts Municipal Court • Brandon Chase McGeeProcurement Real Estate Council Requests Council Request Form Risk Other Some requests involve multiple departments,causing the total 30 0 50 100 150 requests by department to add up higher than the total request Completed,In Progress,or Council Request Form count Scheduled 82 Friday Report - Council Requests smartsheet Summary. Requestor IN .. Department Comments 1 Inquiry on measuring benefits and effectiveness of Council Member McGee 09/16/22 I Wayne Emerson Economic Development Information will be included in a In Progress 380 agreements for the City and the community future Friday Report. 2 Inquiry on map/list of parks locations with benches Mayor Pro Tem Beck 09/15/22 Gary Packan Parks Information will be included in a In Progress and tables future Friday Report. Inquiry on requirements,scope,costs,and potential Mayor Pro Tem Beck 09/15/22 Scott McDonald Development Services Information will be included in a In Progress 3 role in placemaking to replace street signage in future Friday Report. West Denton Residental National Register District 4 Inquiry on gaps in coverage area for Go Zone/DCTA Council Member McGee 09/15/22 Becky Diviney,Logan Pior Capital Projects/Engineering Information will be included in a In Progress future Friday Report. 5 Inquiry on public-facing charter amendment Mayor Pro Tem Beck 09/15/22 Mack Reinwand,Rosa Rios City Secretary's Office Legal Information will be included in a In Progress educational summary and workflows/time tables future Friday Report. Request for staff to contact community member for Mayor Pro Tem Beck 09/14/22 Gary Packan,Trevor Crain Facilities Parks Information will be included in a In Progress 6 facility usage for Toys-for-Tots program storage and future Friday Report. distribution 7 Request for staff to advise on sending voter Council Member McGee 09/14/22 Mack Reinwand,Rosa Rios City Secretary's Office Legal Information will be included in a In Progress registration cards within utility bills future Friday Report. Request for an update and ETA from TxDOT on Mayor Hudspeth 09/08/22 Becky Diviney,Danielle Shaw, Capital Projects/Engineering Information will be included in a In Progress 8 clean-up under the bridge,off of the Fort Worth Gary Packan Community Services Parks future Friday Report. Drive service road. 9 Request to review information regarding the Inflation Council Member McGee 09/16/22 Antonio Puente,Becky Diviney, Capital Projects/Engineering Information has been shared Complete • Reduction Act Cassey Ogden DME Finance with staff for review. Request to address excessive water discharge and Mayor Pro Tem Beck Council 09/15/22 Danielle Shaw,Stephen Gay Community Services Information will be included in Complete • 10 trash receptacles blocking sidewalks on Member McGee Wastewater Water September 16 Friday Report. Normal/Bryan 11 Inquiry on an Animal Shelter Advisory Board Council Member Davis 09/14/22 Amanda Brown,Rosa Rios, Animal Services City Information will be included in Complete • member Tiffany Thomson Secretary's Office Legal September 16 Friday Report. 12 Inquiry on the tracked statistics for animal services Mayor Pro Tem Beck 09/14/22 Tiffany Thomson Animal Services Information will be included in Complete • September 16 Friday Report. Inquiry on possibilities an individual would Mayor Pro Tem Beck 09/14/22 Frank Dixon,Mack Reinwand, Human Resources Legal Information will be included in Complete • 13 experience with a legal TX medicinal marijuana Sarah Kuechler Police September 16 Friday Report. prescription and various interactions with the City Request to connect resident with volunteer Mayor Hudspeth 09/14/22 Danielle Shaw Community Services Staff contacted the resident to Complete 14 opportunities assisting community members provide organizations to assist. experiencing homelessness 15 Request for staff to ask DENCO 911 to give Council Council Member McGee 09/13/22 Frank Dixon Police Staff will reach out to request. Complete • an informational presentation 16 Inquiry on the National Wildlife Federations Mayor Pro Tem Beck 09/13/22 Michael Gangs Environmental Services Information will be included in Complete Community Wildlife Habitat Program/Certification September 16 Friday Report. Inquiry on Downtown Post Office,Locust-facing Council Member Davis 09/12/22 Deanna Cody,Scott McDonald, Development Services Information will be included in Complete • 17 Post Office,and City Hall West facilities in relation Trevor Crain Facilities Real Estate September 16 Friday Report. to Master Plan and January bond committee 18 Request to address tree loss,stump grind,and new Mayor Pro Tem Beck 09/12/22 Becky Diviney,Deby Skawinski, Capital Projects/Engineering Information will be included in Complete • tree placement for resident Dustin Draper Risk Management September 16 Friday Report. 19 Request for staff to review letter regarding USCM Mayor Pro Tem Beck 09/12/22 Mack Reinwand Legal Staff reviewed letter. Complete • Mayor's Compact On behalf of concerned residents,I am requesting Council Member Davis 09/09/22 Becky Diviney CIP-Traffic Engineering Information will be included in Complete • plastic bollards at the end of the shoulder stripes on Public Works-Traffic September 16 Friday Report. Ector Street(i.e.,four per intersection,one at each corner),as a road narrowing traffic calming device. 20 Residents have consistently requested stop signs, speed bumps,etc.for traffic calming.But from my conversations with engineers what I am requesting will visually narrow the road and prove more effective and less costly. Request to explore options for reporting water leaks Mayor Pro Tem Beck Mayor 09/09/22 Tiffany Thomson Customer Service Information will be included in Complete 21 as a non-resident. Hudspeth Council Member September 16 Friday Report. McGee 22 Request for PDFs of the Bonnie Brae plans from Council Member Davis 09/09/22 Becky Diviney Capital Projects/Engineering Information will be included in Complete Scripture to US 77. September 16 Friday Report. Request to address persons camping in the City's Mayor Hudspeth 09/08/22 Danielle Shaw Community Services Information will be included in Complete 23 right of way,behind the storage business Fort Worth September 16 Friday Report. Drive. Exported on September 16,2022 2:03:36 PM CDT 83 Page 1 of 2 Council Member Summary of Request Requestor Date Received Staff Assigned Department 24 Request for staff to address the issue of tires being Mayor Hudspeth 09/08/22 Danielle Shaw Community Services Information will be included in Complete left out overnight at a tire shop on Dallas Drive. September 16 Friday Report. Two-minute pitch request for a work session to Mayor Hudspeth 09/16/22 Mack Reinwand,Madison City Secretary's Office Internal Staff will schedule for the Sept. To be Scheduled • discuss updates to Section 2-272C,including Rorschach,Rosa Rios Audit Legal 27 Council meeting. 25 adding financial payment for any financial engagement and adding the City Secretary to notice requirements. Two-minute pitch request for a work session to Council Member Davis 08/16/22 Becky Diviney Capital Projects/Engineering Scheduled for the Sept.20 Scheduled • discuss 1)the status of the TXDOT roads we intend Council meeting. 26 to take back;and 2)amending the Mobility Plan to show a roundabout at the intersection of Eagle/Bell/Dallas/Locust. Two-minute pitch request to discuss and review the Council Member Byrd 08/16/22 Mack Reinwand,Sarah Human Resources Legal Scheduled for the Sept.20 Scheduled • prospect to eliminate from city policy all Kuechler Council meeting. 27 unnecessary employee drug testing except where unambiguously legally REQUIRED by state or federal law. Exported on September 16,2022 2:03:36 PM CDT 84 Page 2 of 2 City of Denton City Hall 215 E.McKinney St. Meeting Calendar Denton,Texas 76201 U E NTO N www.cityofdenton.com Criteria : Begin Date: 91112022, End Date: 1113012022 Date Time Meeting Body Meeting Location September 2022 9/1/2022 8:00 AM Agenda Committee City Hall Conference Room 9/1/2022 8:30 AM Economic Development Partnership Development Service Center Board Training Rooms 9/1/2022 4:00 PM Public Art Committee Civic Center Community Room 9/5/2022 6:00 PM Board of Ethics Council Work Session Room 9/8/2022 3:00 PM Health&Building Standards Development Service Center Commission 9/9/2022 12:00 PM Community Services Advisory Development Service Center(401 Committee N. Elm Street, Denton,Texas) 9/9/2022 1:00 PM Committee on the Environment Sustainability Office 9/12/2022 9:00 AM Public Utilities Board Council Work Session Room 9/12/2022 10:00 AM Development Code Review Committee Development Service Center 9/12/2022 5:30 PM Historic Landmark Commission Development Service Center 9/12/2022 5:30 PM Library Board Meeting Room at the Emily Fowler Central Library, 502 Oakland St., Denton, Texas 9/12/2022 6:00 PM Parks, Recreation and Beautification Civic Center Community Room Board 9/13/2022 2:00 PM City Council Council Work Session Room 9/14/2022 11:00 AM Economic Development Partnership Development Service Center Board Training Rooms 9/14/2022 3:00 PM Airport Advisory Board Airport Terminal Meeting Room 9/14/2022 4:30 PM Planning and Zoning Commission Council Work Session Room Council Chambers 9/15/2022 3:00 PM Committee on Persons with Disabilities Development Service Center 9/20/2022 3:00 PM City Council Council Work Session Room Council Chambers 9/23/2022 1:00 PM Sustainability Framework Advisory Council Work Session Room Committee 9/26/2022 9:00 AM Public Utilities Board Council Work Session Room City of Denton Page 1 Printed on 9/16/2022 85 Meeting Calendar continued.. Date Time Meeting Body Meeting Location 9/26/2022 10:00 AM Development Code Review Committee Development Service Center d 9/26/2022 5:30 PM Zoning Board of Adjustment Council Chambers 9/27/2022 2:00 PM City Council Council Work Session Room Council Chambers 9/28/2022 9:00 AM Mobility Committee Council Work Session Room 9/28/2022 12:00 PM Downtown Denton Tax Increment Development Service Center Financing Zone No. 1 Board Training Rooms 9/28/2022 1:00 PM Civil Service Commission City Hall East Human Resources Training Room 9/28/2022 5:00 PM Planning and Zoning Commission Council Work Session Room Council Chambers October 2022 10/3/2022 6:00 PM Board of Ethics Council Work Session Room 10/3/2022 6:00 PM Parks, Recreation and Beautification Civic Center Community Room Board 10/6/2022 8:00 AM Agenda Committee City Hall Conference Room 10/6/2022 8:30 AM Economic Development Partnership Development Service Center Board Training Rooms 10/6/2022 4:00 PM Public Art Committee Civic Center Community Room 10/10/2022 9:00 AM Public Utilities Board Council Work Session Room 10/10/2022 10:00 AM Development Code Review Committee Development Service Center 10/10/2022 5:30 PM Historic Landmark Commission Development Service Center 10/10/2022 5:30 PM Library Board Meeting Room at the North Branch Library, 3020 N. Locust, Denton,Texas 10/11/2022 11:30 AM City Council Council Work Session Room Council Chambers 10/12/2022 11:00 AM Economic Development Partnership Development Service Center Board Training Rooms 10/12/2022 3:30 PM Airport Advisory Board Airport Terminal Meeting Room 10/12/2022 5:00 PM Planning and Zoning Commission Council Work Session Room Council Chambers 10/13/2022 3:00 PM Health&Building Standards Development Service Center Commission 10/14/2022 12:00 PM Community Services Advisory Development Service Center(401 Committee N. Elm Street, Denton,Texas) City of Denton Page 2 Printed on 9/16/2022 86 Meeting Calendar continued.. Date Time Meeting Body Meeting Location 10/17/2022 5:30 PM Traffic Safety Commission Development Service Center 10/18/2022 12:00 PM City Council Development Service Center Council Chambers 10/18/2022 12:00 PM Planning and Zoning Commission Development Service Center 10/18/2022 2:00 PM City Council Council Work Session Room Council Chambers 10/19/2022 3:00 PM Animal Shelter Advisory Committee Council Work Session Room 10/24/2022 9:00 AM Public Utilities Board Council Work Session Room 10/24/2022 5:30 PM Internal Audit Advisory Committee City Hall Conference Room 10/25/2022 2:00 PM City Council Council Work Session Room Council Chambers 10/26/2022 9:00 AM Mobility Committee Council Work Session Room 10/26/2022 12:00 PM Downtown Denton Tax Increment Development Service Center Financing Zone No. 1 Board Training Rooms 10/26/2022 5:00 PM Planning and Zoning Commission Council Work Session Room Council Chambers 10/28/2022 1:00 PM Sustainability Framework Advisory Council Work Session Room Committee 10/31/2022 5:30 PM Zoning Board of Adjustment Council Chambers November 2022 11/1/2022 2:00 PM City Council Council Work Session Room Council Chambers 11/3/2022 8:00 AM Agenda Committee City Hall Conference Room 11/3/2022 8:30 AM Economic Development Partnership Development Service Center Board Training Rooms 11/4/2022 12:00 PM Bond Oversight Committee Development Service Center 11/7/2022 6:00 PM Board of Ethics Council Work Session Room 11/7/2022 6:00 PM Parks, Recreation and Beautification Civic Center Community Room Board 11/9/2022 11:00 AM Economic Development Partnership Development Service Center Board Training Rooms 11/9/2022 3:00 PM Airport Advisory Board Airport Terminal Meeting Room 11/14/2022 9:00 AM Public Utilities Board Council Work Session Room 11/14/2022 5:30 PM Historic Landmark Commission Development Service Center City of Denton Page 3 Printed on 9/16/2022 87 Meeting Calendar continued.. Date Time Meeting Body Meeting Location 11/14/2022 5:30 PM Library Board Meeting Room at the South Branch Library, 3228 Teasley Lane, Denton, Texas 11/15/2022 11:30 AM City Council Development Service Center Council Chambers 11/15/2022 2:00 PM City Council Council Work Session Room Council Chambers 11/16/2022 9:00 AM Mobility Committee Council Work Session Room 11/16/2022 5:00 PM Planning and Zoning Commission Council Work Session Room Council Chambers 11/16/2022 6:00 PM Denton Police Department Chief of Public Safety Training Center Police Advisory Board 719 E. Hickory Street Denton,Texas 76205 11/17/2022 3:00 PM Committee on Persons with Disabilities Development Service Center 11/17/2022 6:00 PM City Council Embassy Suites Denton Convention Center Council Chambers 11/18/2022 1:00 PM Sustainability Framework Advisory Council Work Session Room Committee 11/23/2022 12:00 PM Downtown Denton Tax Increment Development Service Center Financing Zone No. 1 Board Training Rooms 11/29/2022 11:30 AM City Council Denton ISD Central Services Building Council Chambers City of Denton Page 4 Printed on 9/16/2022 88 Cityof Denton City Hall 215 E. McKinney St. Denton,Texas 76201 ► . www.cityofdenton.com i Meeting Agenda City Council Tuesday, September 27, 2022 2:00 PM Council Work Session Room Council Chambers Special Called Meeting WORK SESSION BEGINS AT 2:00 P.M.IN THE COUNCIL WORK SESSION ROOM CLOSED MEETING BEGINS IMMEDIATELY FOLLOWING THE WORK SESSION IN THE COUNCIL 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 CHAMBERS CITY COUNCIL CONSIDERATION OF THE PUBLIC HEARING AGENDA ITEMS WILL BEGIN AT 6:30 P.M.IN THE COUNCIL CHAMBERS REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL Individuals may speak during a Council meeting under one of the following categories: Open Microphone: At regular meetings only, individuals can speak on any topic that is not on the agenda for no longer than four (4) minutes per individual. This portion of the meeting occurs immediately after the start of the regular meeting session. Please note, Council members cannot engage in a discussion on topics presented during this portion and there are limited slots available for this portion of the meeting. Comments on Agenda Items: Public comments can be given for any item considered by the Council, EXCEPT work session reports or closed meetings. Individuals are only able to comment one time per agenda item and cannot use more than one method to comment on a single agenda item. Public comments are limited to three (3) minutes per citizen. Public Hearing Items: Individuals are limited to four(4)minutes per public hearing item. Individuals may participate by using one of the following methods: 1. In Person for Regular or Consent Agenda Items: Page 1 Printed on 911612022 89 City Council Meeting Agenda September 27, 2022 To provide in-person comments regular or consent agenda items (excluding public hearing items), Individuals must be present at the meeting and submit a speaker card (available at the meeting location) to the City Secretary prior to the item being called. 2. In Person for Public Hearing Items: For public hearing items, speaker cards are encouraged but not required. 3. eComment: The agenda is posted online at https://tx-denton.civicplus.com/242/Public-Meetings-Agendas. Once the agenda is posted, a link to make virtual comments using the eComment module will be made available next to the meeting listing on the Upcoming Events Calendar. Using eComment, Individuals may indicate support or opposition and submit a brief comment about a specific agenda item. eComments may be submitted up until the start of the meeting at which time the ability to make an eComment will be closed. eComments will be sent directly to members of the City Council immediately upon submission and recorded by the City Secretary into the Minutes of the Meeting. 4. By Phone: Individuals may register to provide comments by phone. Instructions and a link to register to comment by phone will be available at www.cityofdenton.com/publicmeetings until noon of the meeting date. Residents will submit contact information using the link provided and receive further instructions via email on how to join the meeting by phone and provide comments. After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, September 27, 2022, 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 22-1164 Receive a report, hold a discussion and give staff direction regarding the One Water Master Plan Overview and update on the Wastewater Master Plan. [Estimated Presentation/Discussion Time: 45 minutes] B. ID 22-1412 Receive a report, hold a discussion, and give staff direction regarding the Citywide Speed Page 2 Printed on 9/16/2022 90 City Council Meeting Agenda September 27, 2022 Study. [Estimated Presentation/Discussion Time: 1 hour] C. ID 22-1640 Receive a report, hold a discussion and give staff direction regarding the Economic Development Partnership and the contract between the City of Denton and the Denton Chamber of Commerce. [Estimated Presentation/Discussion Time: 1 hour] D. ID 22-1840 Receive a report, hold a discussion, and give staff direction regarding amending the Mobility Plan connecting Windsor Drive and Masch Branch Road. [Estimated Presentation/Discussion Time: 30 minutes] E. ID 22-883 Receive a report, hold a discussion, and give staff direction on pending City Council requests for: [Estimated Presentation/Discussion Time: 30 minutes] Following the completion of the Work Session, the City Council will convene in a Closed Meeting in the Council Work Session Room 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: A. ID 22-1711 Consultation with Attorneys under Texas Government Code Section 551.071 and Deliberations Involving Medical or Psychiatric Records of Individuals under Texas Government Code Chapter 551.0785. Receive information from staff, discuss, and provide staff with direction related to a police officer's plan benefits related to an injury in the line of duty. Consultation with the City's attorney regarding legal issues associated with benefits where a public discussions of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas; to consider information in the medical or psychiatric records related to a police officer's injury in the line of duty. B. ID 22-1928 Consultation with Attorneys-Under Texas Government Code Section 551.071. Consult with the City's attorneys regarding a legal update on the Delilah Project, where public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or otherwise compromise the City's legal position. Page 3 Printed on 911612022 91 City Council Meeting Agenda September 27,2022 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 Special Called 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 Closed Meeting, the City Council will reconvene in Open Meeting to take action, if any, on matters discussed in closed session. Following the completion of the Close Meeting, the City Council will convene in a Special Called Meeting in the Council Chambers to consider the following items: 4. CONSENT AGENDA Each of these items is recommended by Staff or a board, commission, and committee. Approval thereof will be strictly on the basis of the those 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. For those items recommended by a specific board, commission, or committee, the agenda item will reference that recommendation. To view the video of the related board, commission, or committee meeting, as applicable, a link can be found within the applicable supporting documentation(Exhibit 1). Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A — AF). 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 22-822 Consider approval of the minutes of September 13,2022 Meeting. B. ID 22-1390 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 Services Advisory Committee, Denton Police Department Chief of Police Advisory Board, Health & Building Standards Commission, Historic Landmark Commission, Internal Audit Advisory Committee, Library Board, Parks, Recreation & Beautification Board, Planning & Zoning Commission, Public Art Committee, Public Utilities Board, Sustainability Framework Advisory Committee,Traffic Safety Commission, and Zoning Board of Adjustment. Page¢ Printed on 911612022 92 City Council Meeting Agenda September 27,2022 C. ID 22-1974 Consider approval of a resolution of the City of Denton providing the September 15, 2022 meeting absence of a Committee on Persons with Disabilities member be excused; and providing an effective date. D. ID 22-1975 Consider approval of a resolution of the City of Denton providing the September 14, 2022 meeting absence of a Planning & Zoning Commission member be excused; and providing an effective date. E. ID 22-1637 Consider approval of a resolution of the City Council of the City of Denton, approving the updated Infrastructure Financing Policy for Water and Sewer Development Planned Lines; and declaring an effective date. F. ID 22-1832 Consider adoption of an ordinance of the City of Denton, Texas approving the Meet and Confer agreement between the City of Denton and the Denton Police Officers Association; and providing an effective date. G. ID 22-1701 Consider adoption of an ordinance of the City of Denton authorizing a service agreement between the City of Denton and Lifeworks Community; authorizing the City Manager to execute said agreement; providing for the expenditure of council contingency funds in an amount not to exceed two hundred dollars($200); and providing for an effective date. H. ID 22-1905 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement between the City of Denton and the Children's Advocacy Center for Denton County, providing for client and clinical services to victims of child abuse and non-offending family members; and providing for the expenditure of funds in the amount of $189,975.00; and providing for an effective date. I. ID 22-1560 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and CASA of Denton County to provide General Fund dollars for the Court Advocacy Program in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $36,000.00; and providing an effective date. J. ID 22-1561 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and Chisholm Trail RSVP to provide General Fund Dollars for a program to match seniors with volunteer opportunities in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $9,250.00; and providing an effective date. K. ID 22-1562 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and Communities in Schools of North Texas, Inc. to provide General Fund Dollars for the Case Management Program in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $34,000.00; and providing an effective date. L. ID 22-1563 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and Denton Christian Preschool to provide General Fund Dollars for the Preschool Education in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $30,000.00; and providing an effective Page 5 Printed on 911612022 93 City Council Meeting Agenda September 27, 2022 date. M. ID 22-1564 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and the Denton County MHMR Center to provide General Fund Dollars for the Local Outreach to Suicide Survivors (LOSS) Program in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed$28,000.00; and providing an effective date. N. ID 22-1565 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and Grace Like Rain, Inc. DBA Giving Grace to provide General Fund Dollars for the Housing Focused Case Management Program in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed$75,000.00; and providing an effective date. O. ID 22-1566 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and North Texas Solutions for Recovery, Inc. to provide General Fund Dollars for the Residential Treatment Program in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $100,000.00; and providing an effective date. P. ID 22-1567 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and Opening Doors International Services, Inc. to provide General Fund Dollars for Immigration Services in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $12,000.00; and providing an effective date. Q. ID 22-1568 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and PediPlace to provide General Fund Dollars for the Child Healthcare Program in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed$25,000.00; and providing an effective date. R. ID 22-1579 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement by and between the United Way of Denton County, Inc. and the City of Denton and providing for the expenditure of funds for Homelessness Initiatives in the amount of $80,000.00 for partial funding for staffing of the program in furtherance of the coordinated system of homeless assistance programs; authorizing the expenditure of funds therefore; and providing an effective date. S. ID 22-1580 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement by and between the City of Denton and United Way of Denton County, Inc. providing for the expenditure of funds in the amount of $15,000.00 for a grant to fund homeless management information system (HMIS) licenses in furtherance of the coordinated system of homeless assistance programs; authorizing the expenditure of funds therefore; and providing an effective date. T. ID 22-1581 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement by and between the City of Denton and United Way of Denton County, Inc., providing for the expenditure of funds in the amount of $80,000.00 for a partial matching grant to fund the Barriers Fund for the prevention and diversion of Page 6 Printed on 911612022 94 City Council Meeting Agenda September 27,2022 homelessness in furtherance of the coordinated system of homeless assistance programs; authorizing the expenditure of funds therefore; and providing an effective date. U. ID 22-1839 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a service agreement with Grace Like Rain, INC. DBA Giving Grace, providing for Street Outreach program services in furtherance of the coordinated system of homelessness assistance programs; authorizing the expenditure of funds in an amount not to exceed$128,450.00; and providing an effective date. V. ID 22-1911 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute Amendment 2 to Agreement with United Way of Denton County, Inc. to extend to December 31, 2022 the term of an Agreement for working capital to be used in support of City of Denton residents and to be repaid during the agreement's term; and providing an effective date. W. ID 22-1921 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Signature Automation, LLC, for the jail door control system for the Police Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 8034- awarded to Signature Automation, 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 $189,140.00). X. ID 22-1925 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with GBGC, LLC, dba Gulf Coast Gunbusters, for the destruction of seized and surrendered firearms per Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) guidelines; providing for the expenditure of funds therefor; and providing an effective date (RFP 8066- awarded to GBGC, LLC, dba Gulf Coast Gunbusters, for one (1) year, with the option for four (4) additional one(1)year extensions,in the total five(5)year term). Y. ID 22-1927 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Gray Event Management, LLC dba Bad Dawg Tennis, for tennis classes, lessons, leagues, tournaments, and other tennis programs for the Parks and Recreation Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 8049 - awarded to Gray Event Management, LLC dba Bad Dawg Tennis, for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of$1,100,000.00). Z. ID 22-1485 Consider adoption of an ordinance of the City of Denton granting the Denton Main Street Association a noise exception for the Fall Twilight Tunes Series, which will be held on Thursday, October 6, October 13, October 20 and October 27, 2022, from 6:00 p.m. to 7:30 p.m. at Wolff s Park- 108 Industrial Street; and providing an effective date. AA. ID 22-1813 Consider adoption of an ordinance of the City of Denton granting a noise exception for the Geezerpalooza event, which will be held on Saturday, October 22, 2022, and Sunday, October 23, 2022, at Industrial Street between Hickory Street and Mulberry Page 7 Printed on 9/16/2022 95 City Council Meeting Agenda September 27, 2022 Street; and providing an effective date. AB. ID 22-1814 Consider adoption of an ordinance of the City of Denton granting The Village Church Denton a noise exception for the Service in the Parks events, which will be held on Sunday, October 23, 2022, and April 16, 2023, from 10:00 a.m. to 11:00 a.m., at North Lakes Park in Denton,Texas; and providing an effective date. AC. ID 22-1815 Consider approval of a resolution of the City of Denton authorizing the City Manager or designee to execute an agreement allowing alcoholic beverages at Denton Main Street Association's Fall Twilight Tunes Series, on Thursday, September 29, 2022, Thursday, October 6, 2022, Thursday, October 13, 2022, Thursday, October 20, 2022, and Thursday, October 27, 2022, from 6:00 p.m. to 7:30 p.m. at Wolff Park; and providing an effective date. The Parks, Recreation, and Beautification Board recommends approval (4-0). AD. ID 22-1817 Consider approval of a resolution of the City of Denton authorizing the City Manager, or designee, to execute an agreement allowing the Campus Theatre Concessions, LLC to sell alcoholic beverages at the Denton's Day of the Dead Festival, on Saturday, October 29,2022,from 11:00 a.m.to 11:00 p.m.; and providing for an effective date. AE. ID 22-1818 Consider adoption of an ordinance of the City of Denton granting the Denton Day of the Dead Festival Inc. a noise exception for the Denton's Day of the Dead Festival on Friday, October 28, 2022, Saturday, October 29, 2022, and Sunday, October 30, 2022, at Industrial Street and Hickory Street in Denton,Texas;and providing an effective date. AF. ID 22-1821 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a interlocal agreement between the City of Denton, Texas and Denton Independent School District for the joint use of the McMath Middle School Gold Gym and for use of the South Lakes Park football,track,tennis, and softball fields. 5. ITEMS FOR INDIVIDUAL CONSIDERATION—CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS -- PLACEHOLDER IN THE EVENT EMINENT DOMAIN ITEMS ARE SCHEDULED; OTHERWISE,WILL BE DELETED. -- 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 22-1173 Consider adoption of an ordinance of the City of Denton authorizing a service agreement between the City of Denton and Texas Equal Access Fund; authorizing the City Manager to execute said agreement; providing for the expenditure of council contingency funds in an amount not to exceed Seventeen Hundred Dollars ($1,700); and providing an effective date. B. ID 22-1641 Consider adoption of an ordinance approving an agreement between the City of Denton, Texas, and the Denton Chamber of Commerce regarding an Economic Development Program; and providing an effective date. C. ID 22-1664 Consider adoption of an ordinance of the City of Denton, Texas, amending the fiscal year 2021-2022 budget and annual program of services of the City of Denton to allow for Page 8 Printed on 9/16/2022 96 City Council Meeting Agenda September 27,2022 adjustments to the Electric Fund of sixty three million dollars, ($63,000,000) for the purposes of purchasing power, increased outage and property insurance premiums, and debt service; declaring a public purpose; directing the City Secretary attach a copy to the 2021-2022 budget; requiring approval by at least five votes; and providing a severability clause, an open meetings clause,and an effective date. D. ID 22-1803 Consider adoption of an ordinance of the City of Denton, Texas, renaming and reassigning the Economic Development Investment Fund to a new Catalyst Fund; defining and committing certain revenues of the City; providing a severability clause; and providing an effective date. E. ID 22-1804 Consider adoption of an ordinance of the City of Denton, Texas, establishing a Return on Investment (ROI) Ordinance; providing a severability clause; and providing an effective date. F. ID 22-1855 Consider adoption of an ordinance of the City of Denton, Texas, establishing the rates for Solid Waste and Recycling collection service; repealing Ordinance No. 21-2114; providing for a repealer; providing for a severability clause; and, providing an effective date. The Public Utilities Board(PUB)recommends approval(5-0). G. ID 22-1856 Consider adoption of an ordinance of the City of Denton, Texas, establishing the rates for Water service; repealing Ordinance No. 21-2112; providing for a repealer; providing for a severability clause; and, providing an effective date. The Public Utilities Board (PUB) recommends approval(5-0). H. ID 22-1857 Consider adoption of an ordinance of the City of Denton, Texas, establishing the rates for Wastewater service; repealing Ordinance No. 21-2113; providing for a repealer; providing for a severability clause; and, providing for an effective date. The Public Utilities Board(PUB)recommends approval(5-0). I. ID 22-1858 Consider adoption of an ordinance of the City of Denton, Texas, establishing the rates for Miscellaneous Fees, Deposits, Billings and Procedures for Administrative Services to City Utilities Customers; repealing Ordinance No. 18-1494; providing for a repealer; providing for a severability clause; and,providing for an effective date. J. ID 22-1966 Consider adoption of an ordinance of the City of Denton, Texas, approving an amendment to the existing rates and fees for city owned property and facilities upon Denton Enterprise Airport; and declaring an effective date. K. ID 22-1967 Consider adoption of an ordinance of the City of Denton, Texas, adopting a schedule of fees for the Denton Fire Department; superseding all prior fees in conflict with such schedule;providing severability;providing a repealer; and establishing an effective date. L. ID 22-1968 Consider adoption of an ordinance of the City of Denton, Texas, adopting a schedule of fees for the Denton Public Library; superseding all prior ordinances establishing fees in conflict with such schedule;providing for severability; and providing for an effective date. M. ID 22-1969 Consider adoption of an ordinance of the City of Denton, Texas, adopting a schedule of fees for the use of the Denton Police Department Training Facilities, Firearms Range, Special Events, Off-Duty Police Officers, and Motor Vehicle Escorts for Hire; providing Page 9 Printed on 911612022 97 City Council Meeting Agenda September 27, 2022 for severability;providing a repealer; and establishing an effective date. N. ID 22-1970 Consider adoption of an ordinance of the City of Denton, Texas, adopting a schedule of fees for cemeteries and use of certain park facilities; superseding all prior fees in conflict with such schedule; and providing for severability and an effective date. O. ID 22-1971 Consider adoption of an ordinance of the City of Denton, Texas, adopting a schedule of Permit Fees for permits issued by the Building Official, including Building Permit Fees, Consumer Health Permit Fees, Fence and Retaining Wall Permit Fees, Mobile Home Moving Fees; Temporary Permit Fees, and Investigation and Administrative Fees; providing for severability; and establishing an effective date. P. ID 22-1972 Consider adoption of an ordinance of the City of Denton, Texas, adopting a schedule of fees for the Development Services and Engineering Departments as authorized by the Denton Development Code for the City of Denton, Texas; providing for severability; and establishing an effective date. 7. BUDGET ITEMS FOR INDIVIDUAL CONSIDERATION Note: Action on these items will occur on or after 6:30 p.m. in accordance with the published public notices. A. ID 22-257 Consider adoption of an ordinance of the City of Denton, Texas, adopting the fiscal year 2022-2023 Annual Program of Services (Budget) and the Capital Improvement Program of the City of Denton, Texas, for the fiscal year beginning on October 1, 2022 and ending on September 30,2023; and declaring an effective date. B. ID 22-258 Consider adoption of an ordinance of the City of Denton, Texas, levying the ad valorem property tax of the City of Denton, Texas, for the year 2022, on all taxable property within the corporate limits of the City on January 1, 2022, and adopting a tax rate of $O.XXXXXX per $100 of valuation for 2021; providing revenues for payment of current municipal maintenance and operation expenses and for payment of interest and principal on outstanding City of Denton debt; providing for limited exemptions of certain homesteads; providing for enforcement of collections; providing for a severability clause; and providing an effective date. C. ID 22-259 Consider adoption of an ordinance of the City of Denton, Texas, approving the 2022 tax rolls; and providing an effective date. D. ID 22-260 Consider adoption of an ordinance of the City of Denton, Texas, ratifying the adoption of the fiscal year 2022-2023 Annual Program of Services (Budget) and the Capital Improvement Program of the City of Denton, Texas, for the fiscal year beginning on October 1, 2022, and ending on September 30, 2023 when the budget will raise more revenue from property taxes than last year's budget; and providing an effective date. 8. PUBLIC HEARINGS Note: Action on these items will occur on or after 6:30 p.m. in accordance with the published public notice. A. PD22-0006a Hold a public hearing and consider adoption of an ordinance of the City of Denton to rezone approximately 2.407 acres from a Mixed-Use Neighborhood (MN) District to a Page 10 Printed on 9/16/2022 98 City Council Meeting Agenda September 27,2022 Planned Development (PD) District. The site is generally located at the southeast corner of US 380 and Ector Street, in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing for severability and an effective date. The Planning and Zoning Commission voted (6-0) to recommend approval of the request. (PD22-0006a,Home Zone,Cameron Robertson) B. Z22-0006a Hold a public hearing and consider approval of an ordinance of the City of Denton, Texas regarding a change in the zoning district and use classification from a Residential 2(R2) Zoning District to a Light Industrial (LI) Zoning District on approximately 9.56 acres of land, generally located on the northeast corner of US 380(University Drive) and Thomas J. Egan Road, in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause; and establishing an effective date. The Planning and Zoning Commission voted [7-0] to recommend approval of the zoning change request. (Z22-0006a, US 380& Thomas J Egan Industrial, Ron Menguita) C. DCA22-0004 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas a amending the Denton Development Code, specifically amendments related to Section 7.9 - Parking and Loading; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date. The Planning and Zoning Commission voted [5-2] to recommend approval of the amendments. (DCA22-0004a,Parking and Loading,Ron Menguita) 9. 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://tx-denton.civicplus.com/242/Public-Meetings-Agendas) and bulletin board at City Hall, 215 E. McKinney Street, Denton, Texas, on September 23, 2022, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code. Page 11 Printed on 911612022 99 City Council Meeting Agenda September 27,2022 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 12 Printed on 911612022 100 Tentative Work Session Topics and Meeting Information Updated: September 16, 2022 Meeting Date Item Legistar ID Departments Involved Type Estimated Time A. Audit Project 027-Technology Services:Phase 2 21-2812 Internal Audit City Business 0:30 September 20,2022 B. MUD Policy&Application Requirements 22-1446 Planning City Business 0:30 Work Session(@3:00 p.m.) C. Two-Minute Pitch:Byrd,Davis 22-882 City Manager's Office Council Request 0:30 Regular Meeting(@6:30 p.m.) Closed Meeting Item(s): Annual Reviews:City Auditor/Municipal Judge Legal City Business 0:30 Total Est.Time: 2:00 Other Major Items for Meeting:Public Hearings:Tax Rate and Budget A. One Water Master Plan Overview and Update on Wastewater Master Plan 22-1164 Water Administration City Business 0:45 B. Citywide Speed Study 22-1412 Capital Projects/Engineering City Business 1:00 September 27,2022 C. Economic Development Partnership Contract with Denton Chamber of Commerce 22-1640 Economic Development City Business 1:00 Work Session(@2:00 p.m.) D. Amending Mobility Plan to Connect Windsor Dr.and Masch Branch Rd. 22-1840 Capital Projects/Engineering Council Request:Davis 0:30 Special Called Meeting(@6:30 p.m.) (7/19/2022) E.Two-Minute Pitch: 22-883 City Manager's Office Council Request 0:30 No other work session items may be added Closed Meeting Item(s) Legal City Business 0:30 Total Est.Time: 4:15 Other Major Items for Meeting:Budget Adoption October 11,2022 IA.Mayor and Council Priorities I TBD City Manager's Office I Council Priority TBD Special Called Meeting(@ 11:30 p.m.) 1B. Update from DCTA Board Representative 21-2806 City Manager's Office 10ty Business 0:30 Work Session Room Total Est.Time: TBD October 18,2022 Special Called Joint Meeting with P&Z TBD TBD City Manager's Office City Business 1:30 (@ 12:00 p.m.) At the Development Service Center Total Est.Time: 1:30 A. Audit Projects:003-Procurement,012-Economic Dev.Retention&Expansion and 22-1878 Internal Audit City Business 0:45 013-Grants Mgmt. Council Priority B. Charging Stations 22-1282 Development Services Council Request:Watts 0:30 October 18,2022 (6/07/2022) Work Session(@2:00 p.m.) C. Bell Avenue 22-1719 Capital Projects/Engineering City Business 1:00 Regular Meeting(@6:30 p.m.) D. Roadway Impact Fees 22-1720 Capital Projects/Engineering City Business 1:00 E. Two-Minute Pitch: 22-1667 City Manager's Office Council Request 0:30 Closed Meeting Item(s): Legal(if any) City Business Total Est.Time: 3:45 Other Major Items for Meeting: A. Audit Project 029-Police Body-Worn Camera Usage 21-2813 Internal Audit City Business 0:30 B. Legislative Program 22-1830 City Manager's Office City Business 1:00 C. Responsive Speed Limit Sign Program 22-1721 Capital Projects/Engineering Council Request:Davis 0:45 (6/28/2022) October 25,2022 D. Citywide Speed Study Follow-up 22-1841 Capital Projects/Engineering City Business 0:30 Work Session(@2:00 p.m.) E. Public Facility Corporations 22-1453 City Manager's Office Council Request:Watts 0:30 Special Called Meeting(@6:30 p.m.) (6/28/2022) F. Two-Minute Pitch: 1 22-1675 City Manager's Office 1council Request 0:30 Closed Meeting Item(s): Legal(if any) lCity Business Total Est.Time, 3:45 Other Major Items for Meeting:Citywide Speed Study Public Hearing A. City Hall West Plan 22-1552 Facilities Council Priority 0:45 B. Discussing Prevention of Criminal History Information on Job Application 22-1761 City Manager's Office Council Request:McGee 0:30 (8/02/2022) November 1,2022 C. Roadway Impact Fees Follow Up 22-1900 Capital Projects/Engineering City Business 0:30 Work Session(@2:00 p.m.) D. Water,Wastewater Impact Fee Study 22-1930 Finance City Business 1:30 Regular Meeting(@6:30 p.m.) E. Two-Minute Pitch: 22-1676 City Manager's Office Council Request 0:30 Closed Meeting Item(s): Legal(if any) City Business Total Est.Time: 3:45 Other Major Items for Meeting: A. Denton Housing Strategy 22-1823 City Manager's Office City Business 0:45 November 15,2022 B. City of Denton and Denton Housing Authority Housing Priorities 22-1824 City Manager's Office ICity Business 0:45 Special Called Joint Meeting with DHA C. Topics for Future Areas of Collaboration or Partnership 22-1825 City Manager's Office City Business 0:30 (@ 11:30 a.m.) At the Development Service Center Total Est.Time: 2:00 A. Audit Follow-Up Reviews—CIP:Planning&Design,and CIP:Construction 22-1166 Internal Audit City Business 0:30 November 15,2022 B. Solicitation/Panhandling Policy 22-1281 Police;Community Services Council Request:Hudspeth0:45 (6/07/2022) Work Session(@2:00 p.m.) Regular Meeting(@6:30 p.m.) C. GreenSense Update 22-1847 DME City Business 0:45 D. Two-Minute Pitch: 22-1677 City Manager's Office Council Request 0:30 Closed Meeting Item(s): Legal(if any) City Business Total Est.Time: 2:30 Other Major Items for Meeting: November 17,2022 Mayor's State of the City State of the City N/A City Manager's Office City Business 2:30 Embassy Suites Denton Convention Center (6:00 p.m.-8:30 p.m.) Total Est.Time: 2:30 City Manager's Office City Business November 29,2022 TBD TBD City Manager's Office City Business TBD Special Called Joint Meeting with Denton ISD City Manager's Office City Business (@ 11:30 a.m.) Denton ISD Central Services Building Closed Meeting Item(s): Legal(if any) City Business Total Est.Time: 0:00 A. Denton County Transit Authority Update 21-2807 City Manager's Office City Business 0:30 B. Bond Election in 2023 TBD Finance City Business 0:30 December 6,2022 Work Session(@2:00 p.m.) C. Two-Minute Pitch: 22-1678 City Manager's Office Council Request 0:30 Regular Meeting(@6:30 p.m.) Closed Meeting Item(s) Legal(if any) City Business Total Est.Time: 1:30 Other Major Items for Meeting:Public Hearings for Roadway Impact Fees A. Audit Project 030—Solid Waste Operations:Phase 1 22-1167 Internal Audit City Business 0:30 B. Criteria Manuals Discussion(Water,Wastewater,Transportation,et al) 22-1714 Capital Projects/Engineering City Business 0:45 December 13,2022 Work Session(@2:00 p.m.) C. Two-Minute Pitch: 22-1679 ICity Manager's Office Council Request 0:30 Special Called Meeting(@6:30 p.m.) Closed Meeting Item(s): Legal(if any) City Business Total Est.Time: 1:45 Other Major Items for Meeting:Public Hearing for Criteria Manuals `This is for planning purposes only.Dates are subject to change. 101 Meeting Date Item Le istar ID Departments Involved T e Estimated Time Estimated Work Item Legistar ID Departments Type Session Date Sanger ETJ Boundary Adjustment 21-2653 Development Services City Business :45 Work Session Dates to be Determined Denton Energy Center Alternate Fuel Study TBD DME City Business TBD Roadwav Fundine Strate ies 22-741 Finance Citv Business 1:00 Estimated Work Item Dates Departments Type Session Date Council Priorities and Significant Work Plan Items to be Scheduled Item Date Approved Department Estimated Hours to Complete Re uestor Approved Council Pitches to be Scheduled `This is for planning purposes only.Dates are subject to change. 102 1 Street Closure Report: Upcoming Closures smartsheet SCR Sep 19th - 25th Street/Intersection From To Department Department Contact 1 Bonnie Brae St @ Ft Worth Dr RxR Crossing 09/25/22 09/27/22 Railroad Crossing 2 Clubhouse Dr(2600-2412) Mustang Or Sombrero Dr 10/03/22 10/21/22 Panel Repair Streets Roy San Miguel 3 Crisoforo Dr Santos Dr Morin Dr 09/26/22 10/28/22 Sidewalk Repair Streets Roy San Miguel 4 Daughtry St @ Meadow St RxR Crossing 09/26/22 09/27/22 Railroad Crossing 5 Juno Ln Stuart Rd Yellowstone PI 10/03/22 10/07/22 Mill&Overlay Streets Jeremy Wilks 6 Mingo Rd @ Fishtrap Rd RxR Crossing 10/04/22 10/07/22 Railroad Crossing 7 Mockingbird Ln Stockton St Mingo Rd 09/19/22 10/14/22 Restore the paving leavouts Public Works Inspections Armano Beltran 8 Pertain St @ Mingo Rd RxR Crossing 10/04/22 10/07/22 Railroad Crossing 9 Prairie St @ Bell Ave RxR Crossing 09/27/22 10/05/22 Railroad Crossing 10 Rockhill Rd @ Rhoades Rd RxR Crossing 10/04/22 10/07/22 Railroad Crossing 11 Savage Dr Hayes St Comer St 09/19/22 09/30/22 Mill&Overlay Streets Jeremy Wilks 12 Union Lake Rd Wind River Ln Valencia Ln 09/26/22 10/21/22 Sidewalk repair Streets Roy San Miguel 13 Vintage Blvd @ Ft Worth Dr RxR Crossing 09/25/22 09/27/22 Railroad Crossing 14 Wintercreek Dr(1212) Green Bend Dr Beechwood Dr 10/03/22 10/21/22 Concrete Panel Repair Streets Roy San Miguel Exported on September 16,2022 11:12:30 AM CDT 103 2 Street Closure Report: Current Closures smartsheet • • • Datsure Start e Datsure e • Description Department Department 1 Augusta Dr Colonial Dr Augusta Dr(2900) 07/11/22 09/30/22 Utility installations and Engineering Scott Fettig pavement replacement. 2 Ave H Prairie St Louise St 09/05/22 10/21/22 Street Reconstruction Engineering Dustin Draper 3 Barberry Ave Bay Ave Trumpet Vine 08/22/22 09/30/22 Sidewalk Repair Streets Roy San Miguel 4 Baytree Ave Hawthorn Dr Barberry Ave 08/22/22 09/30/22 Sidewalk Repair Streets Roy San Miguel Bonnie Brae St Windsor Dr Carril Al Lago Dr 08/15/22 09/23/22 open cut for infrastructure Private Development Lee Thurmond installation from westside 5 bonnie brae to east side of bonnie brae including utility taps in 2 phases 6 Bradshaw St Hickory St McKinney St 03/21/22 10/01/22 Utility installations and Engineering Scott Fettig pavement replacement. Clover Ln Robinwood Ln Glenwood Ln 05/23/22 09/30/22 Wastewater Collections will be Wastewater Tiffany Sherrane 7 installing a new sewer main line and services. College Park Dr Peach St Fowler Dr 04/18/22 09/23/22 Water Distribution will be Water Tiffany Sherrane 8 installing a new water naim line and services. 9 Colonial Dr Thunderbird Dr South Dead End 07/11/22 09/30/22 Utility installations and Engineering Scott Fettig pavement replacement. 10 Crawford St Hickory St McKinney St 03/21/22 10/01/22 Utility installations and Engineering Scott Fettig pavement replacement. 1. Forrestridge Dr El Paseo St Wellington Oaks Cir 07/19/22 09/23/22 Street Panels Repair Streets Roy San Miguel Fowler Dr College Park Dr Peach St 04/18/22 09/23/22 Water Distribution will be Water Tiffany Sherrane 12 installing a new water main line and services 13 Fulton St W Oak Grace Temple 09/07/22 11/18/22 Street Reconstruction Engineering Dustin Draper 14 Greenway Dr Thunderbird Dr South Dead End 07/11/22 09/30/22 Utility installations and Engineering Scott Fettig pavement replacement. 15 Hayes St. Savage Dr. Cruise St. 09/15/22 09/20/22 Mill&Overlay Streets Jeremy Wilks 16 Hattie St Paisley St McKinney St 03/21/22 10/01/22 Utility installations and Engineering Scott Fettig pavement replacement. 17 Hickory St Railroad Ave Exposition St 09/06/22 10/04/22 Demo on floor plan(private Public Works Inspections Armando Beltran work) 18 Hickory St Exposition St Ruddell St 05/02/22 12/31/22 Utility installations and Engineering Scott Fettig pavement replacement. 19 Hill Alley St Jackson St Martin St 06/06/22 10/28/22 Utility replacement and roadway Engineering Seth Garcia reconstruction 20 Indian Paint Way Lakeview Blvd Hawthorn Dr 08/29/22 09/30/22 Concrete Panel Repair Streets Roy San Miguel 21 Jackson St Morse St Hill Alley St 06/06/22 10/28/22 Utility replacement and roadway Engineering Seth Garcia reconstruction Jim Christal Rd Western Blvd Masch Branch Rd 04/18/22 10/31/22 Exeter PH2.Installing Public Private Development Public Jeremiah Tillman-David 22 Water,Sewer,and Storm Works Inspections Utilities 23 Johnson Ln John Paine Rd Lavon Ln 09/02/22 11/25/22 Storm Installation Private Development Public Jeremiah Tillman-David Works Inspections 24 Juno Ln Stuart Rd Sheraton Rd 08/29/22 09/30/22 Curb&Gutter Repair Streets Roy San Miguel Live Oak St Robinwood Ln Crestwood PI 05/23/22 09/30/22 Wastewater collections will be Wastewater Tiffany Sherrane 25 installing a new sewer main line and services. Livingston Dr Hickory Creek Rd Hemingway Dr 08/17/22 09/30/22 Pavement,sidewalk,valley Engineering Dustin Draper gutter,and subgrade 26 stabilization on Livingston where it ties into Hickory Creek Rd. Exported on September 16,2022 11:13:11 AM CDT 104 Street/Intersection From To Closure Start Closure End Description Department Department Contact Date Date 27 Mack PI Paisley St Lee Dr 08/22/22 09/30/22 Street Reconstruction Engineering Dustin Draper 28 Masch Branch Rd Lovers Ln Hampton Rd 06/24/22 09/30/22 Bridge collapse at 3288 N. Drainage Gabriel Rodriguez Masch Branch Rd 29 McKinney St Crawford Rd Audra Ln 05/19/22 09/30/22 Utility installations and Engineering Scott Fettig pavement replacement. 30 McKinney St Bell Ave Frame St 09/06/22 10/04/22 Inlets and approaches Public Works Inspections Armando Beltran Mistywood Ln Sherwood St Robinwood Ln 05/23/22 09/30/22 Wastewater Collections will be Wastewater Tiffany Sherrane 31 installing a new sewer main line and services. 32 Morse St Lakey St Jackson St 06/06/22 10/28/22 Utility replacement and roadway Engineering Seth Garcia reconstruction North Texas Blvd 1-35W Oak St 12/13/21 10/31/22 Utility installations and Engineering Scott Fettig pavement replacement.There 33 will be multiple phases of closures.Will not be all at one time. 34 North Texas Blvd Oak St Hickory St 06/10/22 10/31/22 Utility installations and Engineering Scott Fettig pavement replacement. 35 Oak St Crawford St Wood St 04/04/22 12/31/22 Utility installations and Engineering Scott Fettig pavement replacement. 36 Panhandle St Aileen St Malone St 08/24/22 10/07/22 Street Reconstruction Engineering Dustin Draper 37 Parkside Dr Windsor Dr Bowling Green St 05/31/22 10/07/22 Utility installations and Engineering Scott Fettig pavement replacement. Peach St Locust St Palmer Dr 04/18/22 09/23/22 Water Distribution will be Water Tiffany Sherrane 38 installing a new water main line and services. 39 Peach St Locust St Fowler Dr 07/18/22 09/30/22 Upgrading 15 Storm pipe to Drainage Gabriel Rodriguez 18" 40 Robertson St Bell Ave Morse St 08/15/22 10/31/22 Utility installations and Engineering Seth Garcia pavement replacement. Robinwood Ln Kayewwod Dr Emerson Ln 05/23/22 09/30/22 Wastewater Collections will be Wastewater Tiffany Sherrane 41 installing a new sewer main line and services. 42 Rose St Paisley St Uland St 04/25/22 10/01/22 Pavement Replacement Engineering Scott Fettig 43 Stella St North Texas Blvd Bonnie Brae St 10/29/21 10/31/22 Utility installations and Engineering Scott Fettig pavement replacement. 44 Uland St Rose St Railroad Ave 04/25/22 10/07/22 Utility installations and Engineering Scott Fettig pavement replacement. 45 Western Blvd Jim Christal Rd Airport Rd 08/01/22 09/30/22 Paving(2)drive approaches Public Works Inspections Jeremiah Tillman-David Western Blvd Jim Christal Airport Rd 09/06/22 09/30/22 Connecting to existing 8"SS Private Development Public Jeremiah Tillman-David 46 stub and running SS lateral to Works Inspections property. 47 Windsor Or Fireside Ln Bonnie Brae St 06/06/22 10/01/22 Utility installations and Engineering Scott Fettig pavement replacement. 48 Wood St McKinney St Hickory St 04/11/22 12/31/22 Utility installations and Engineering Scott Fettig pavement replacement. Exported on September 16,2022 11:13:11 AM CDT 105 3 Street Closure Report: Completed Closures smartsheet Intersection • To Date . •_ • D- • Department Department 1 Ave C 1-35 Frontage Rd Westdale Private Dr 08/29/22 08/30/22 Water tap on existing line Private Development Tucker Eller 2 Ave D Highland St Maple St 07/18/22 08/19/22 Street Reconstruction Engineering Dustin Draper Bonnie Brae St Scripture St Panhandle St 08/15/22 08/24/22 Paving of the Northbound lanes Engineering Robin Davis 3 between Scripture&Panhandle requires the lanes to be closed. 4 Collier St 1-35 Frontage Rd Westdale Private Dr 08/31/22 09/07/22 Water taps on existing line Private Development Tucker Eller 5 Cope St. Cruz St. Dixon Ln. 08/25/22 08/30/22 Mill&Overlay Streets Jeremy Wilks 6 Cruise St Fiste St Comer St 08/31/22 09/14/22 Mill&Overlay Streets Jeremy Wilks 7 Foxcroft Cir Old North Archer Trail 05/02/22 08/26/22 Street Reconstruction Engineering Dustin Draper 8 Harvard Dr Yale Dr Cul de sac 08/01/22 09/09/22 Curb and Sidewalk Repair Streets Roy San Miguel Hickory St Bonnie Brae St Bonnie Brae St 08/22/22 08/27/22 Access from Bonnie Brae will Engineering Robin Davis 9 be closed while paving of the remaining NB lanes occurs. i 10 Hillcrest St Panhandle St Scripture St 05/10/22 09/09/22 Street Reconstruction Engineering Dustin Draper 11 Lipizzan Dr(2909) Paddock Way Lipizzan Ct 08/08/22 09/02/22 Concrete Panel Repair Streets Roy San Miguel 12 Marquette Dr(3608) Centenary Dr Cul de sac 06/27/22 08/19/22 ADA/Sidewalk Repair Streets Roy San Miguel Mayhill Rd US380/University Dr Quail Creek Rd 08/22/22 09/02/22 Sanitary Sewer Inspections will Engineering Public Works Tracy L.Beck,PE,PMP 13 be performed requiring various Inspections Wastewater lanes to be closed. The road will remain open. Oak St Bonnie Brae St Bonnie Brae St 08/15/22 08/23/22 Reconstruction of the Engineering Robin Davis Northbound lanes of Bonnie Brae require closing the Oak and Bonnie Brae Intersection 15 Oak St Fulton St Fry St 08/26/22 09/06/22 Utility work in roadway Public Works Inspections Stephany Trammell 16 Ponder St Linden Broadway 08/10/22 09/09/22 Street Reconstruction Engineering Dustin Draper 17 Sycamore St Carroll Welch St 07/18/22 09/02/22 Street Reconstruction Engineering Dustin Draper Various Streets 07/25/22 09/09/22 Annual street micro seal Streets Roy San Miguel maintenance.Various streets.A complete list of the streets 18 receiving treatment this year can be found at https://www.discussdenton.com/ street-operations Exported on September 16,2022 11:13:27 AM CDT 106