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
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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.
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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.
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Leak Adjustment Service Request Denton.TX 76205
Pay as You Go
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Online Bill Pay 8 Residential Solid Waste
QLess Account Management Service Request Phone;940-349-8700
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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;
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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.
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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.
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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).
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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.
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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
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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.
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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.
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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
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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
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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;
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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
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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
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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
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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
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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;
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POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
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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
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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.
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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;
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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.
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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.
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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).
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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.
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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
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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.
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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.
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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
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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
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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;
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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