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2018-04-24 Agenda with Backup
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"#$% &*)) $+!,+)$-.,<0 &!=>;!=86? aT6GB6EG#1N6b#TS#5Ga6Ta#1N6b#1TVa1Nc#:TDI#<G<<NTa#DTTH#N<# 11G<<N_cG#Na# 11TD5 a1G#:N6E#6EG# HGDN1 a<#:N6E#5N< _NcN6NG<# 16C##6EG#1N6b#:Ncc#UDTLN5G# <NKa#c aKV KG#Na6GDUDG6GD<#STD#6EG#EG DNaK#NHU NDG5#NS#DGiVG<6G5# 6#cG <6#>A# ETVD<#Na# 5L a1G#TS#6EG#<1EG5VcG5#HGG6NaKC##UcG <G#1 cc#6EG#1N6b# <G1DG6 Dbl<#TSSN1G# 6#R>XOAR?X#TD#V<G#6GcG1THHVaN1 6NTa<#5GLN1G<#STD#6EG# 5G S#Z655\]#_b#1 ccNaK#@OA??ODGc bO6d#<T#6E 6# #<NKa#c aKV KG#Na6GDUDG6GD#1 a# _G#<1EG5VcG5#6EDTVKE#6EG#1N6b#<G1DG6 DbY<#TSSN1GC '+,$ #-).$)/0*012*3 ' (#)5) City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-617,Version:1 AGENDA CAPTION Receive a report, hold a discussion and give staff direction regarding the construction of the G. Roland Vela Athletic Complex capital project. City of DentonPage 1 of 1Printed on 4/20/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation CM/ DCM/ ACM: Bryan Langley DATE: April 24, 2018 SUBJECT Receive a report, hold a discussion and give staff direction regarding the construction of the G. Roland Vela Athletic Complex capital project. BACKGROUND The Vela Athletic Complex originated in the 2005 Capital Improvement Program (CIP). The original concept called for constructing three lighted soccer fields and a restroom / concession building at a cost of $1,600,000. In the fall of 2014, voters approved an additional $1,333,000 in the CIP for the project to retain the restroom / concession building elements of the original concept, a large pavilion, and a playground. The final design of the complex included four lighted adult multi-use fields, a restroom facility, concession stand, a playground, several pavilion areas, and a parking lot with an opinion of probable construction cost of $5,500,000. The current revised cost for this project is $6M, including outsourced project management. In addition to a balance of original funding, the project has $1,386,669 of previously allocated funds from various sources. An additional $575,000 was allocated from General Fund balance as approved by Council on th December 12, 2017.A budget amendment totaling $2,705,131 utilizing additional General Fund resources and unallocated savings from other capital projects was proposed to Council on March 27, 2018 and will be presented to the City Council on May 1, 2018. This reallocation of resources fully funds the project. On April 3, 2017, City Council was provided a presentation regarding funding options to consider for the project to move forward. Full design at $6M includes all base bid items and all alternate bid options. A $5.5M project option allows for the construction of four lighted fields, a restroom / concession stand structure, a playground, and the full parking lot. Pavilions and fencing are not included. The last option includes two lighted fields, the restroom / concession structure, a playground, all pavilions, and part of the parking lot at a cost of $4.6M. Under the $5.5M and $4.6M options, PARD would be responsible for hydromulching, the procurement and installation of site amenities, and planting of trees. The current bid proposal and pricing expires on May 18, 2018. During the presentation discussion, questions were asked regarding the cost of the concession stand and restroom structure. At that time, staff did not have an accurate size of the structure, cost per square foot and a line item detail of the facility for City Council.The general design of the building consists of a CMU block structure with a burnished finish, accent glazed tile and precast stone in select areas. The building is covered with a metal standing seam roof. All of the design aspects will complement the existing buildings within North Lakes Park. The building is designed to withstand winds to 115 mph. The entire structure that consists of the restroom, concession stand and breezeway area cost $889,746 as provided in the bid by the contractor. With the total area consisting of 3,300 square feet, the cost per square foot is $269.62. A summary of the bids for the project provide an average square foot cost of $254.20 with atotal cost of $838,863. Other options are provided for consideration that include building the restroom only as well as utilizing prefabricated structures with varying amenities. Other restroom and concession stand facilities built between 2008 and 2017 with the Metroplex, range from $263.42 to $377.90 per square foot. OPTIONS Four options are provided for consideration: OPTION 1 - Proceed as designed o Move forward with North Rock Construction contract o Deadline for bid: May 18 o Serves as a gateway /control point into fields o Total cost: $889,746.00 o Total sq. ft. = 3,300 o Cost per sq. ft. = $269.62 OPTION 2 Eliminate concession/breezeway and redesign the entire facility o Redesign to accommodate change / entry way o Remove concession / breezeway o Amend contract with Dunaway and Associates o Cost to bid restroom only = $517,645.80 o Total sq. ft. = 978 o Cost per sq. ft. = $529.29 OPTION 3 Modify design / alternative o Prefabricated structure o Restroom / storage only o Total cost = $200,000 o Total sq. ft. = 676 o Cost per sq. ft. = $295 OPTION 4 - Modify design / alternative o Prefabricated structure o Restroom, storage and concession o Total cost = $300,000 o Total sq. ft. = 936 o Cost per sq. ft. = $320 RECOMMENDATION Recommendation #1 = Staff recommends funding the project using Option 2 that was presented on April 3, 2018 for the full design and cost of the project and move forward with the construction contract Recommendation #2 = Regarding the options presented on April 24, 2018, staff recommends Option 1 and proceed as designed. This design provides a key focal point to the facility and sets the tone for the park and expectations for park users. This design and associated amenities should aide in attracting tournaments and events that can take place at the facility. ESTIMATED SCHEDULE OF PROJECT By proposed contract, total calendar days to completion is 292. Work will begin with 15 days of notice to proceed by the City. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council received presentations on the Vela Athletic Complex and funding on September 12, 2017, December 12, 2017, March 27, 2018 and April 3, 2018. BID INFORMATION RFP 6671 was released on December 19, 2017 and closed January 18, 2018. The RFP was sent to 600 potential contractors with seven responses. The current bid proposal expires on May 18, 2018. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.4 Provide and support outstanding leisure, cultural, and educational opportunities EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Presentation Exhibit 3 Cost Projection Exhibit 4 Agenda Information Sheet (4-3-18) Exhibit 5 Presentation (4-3-18) Respectfully submitted: Gary Packan Director, Parks and Recreation Prepared by: Laura Behrens Assistant Director, Parks and Recreation Gary Packan Director, Parks and Recreation City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation CM/ DCM/ ACM: Bryan Langley DATE: April 3, 2018 SUBJECT Receive a report, hold a discussion and give staff direction regarding the G. Roland Vela Athletic Complex capital project. BACKGROUND The Vela Athletic Complex originated in the 2005 Capital Improvement Program (CIP). The original concept called for purchasing 16 acres from the Denton Independent School District at the C.H. Collins Complex and constructing three lighted soccer fields and a restroom / concession building at a cost of $1,600,000. Pursuit of the site was suspended when it was determined the proposed area was part of the storm water detention for the complex and the amenities could not be built on that site. In 2008, the Parks and Recreation Department (PARD) combined funds with the Police Department to purchase the 20 acre site located on Hwy 77. The acquisition amount was $1,345,761 with $961,734 The intent of the purchase was to acquire land for the proposed Animal Care and Adoption Center. The tract met the desired criteria of accessibility and visibility, reasonable proximity to other public facilities or park like amenities, accessible infrastructure, and conducive site topography for the animal care facility. It was also ideally situated to allow for the expansion of the northeastern limits of North Lakes Park. Jacobs Engineering was hired to design the athletic complex using part of the 20 acres and the area north of the Windsor pond in North Lakes Park. Concept designs were prepared and presented to the community. Feedback indicated strong opposition to the plan due to the encroachment on natural preserve area. Staff identified property adjacent to North Lakes Park as a site for the complex. City Council approved thepurchase of a 26-acre tract between Riney Road and the natural area in North Lakes Park in October 2012, at a cost of $1,000,000. Funding included $500,000 from the 2005 CIP soccer project, $250,000 from Park Gas Well revenue, and $250,000 from an Open Space CIP. In July of 2013, a contract was signed with Dunaway & Associates for the design on the new property. In the fall of 2014, voters approved an additional $1,333,000 in the CIP for the project to retain the restroom / concession building elements of the original concept, a large pavilion, and a playground. The final design of the complex included four lighted adult multi-use fields, a restroom facility, concession stand, a playground, and several pavilion areas, and a parking lot with an opinion of probable construction cost of $5,500,000. The bid documents for the project were designed to maximized construction and funding options by outlining a base bid for two fields, the restroom / concession structure, a pavilion and a section of parking, Alternative bid options captured the full scope of the design by including the third and fourth fields, additional pavilions, a full parking layout, and site amenities. RFP 6671 was sent to 600 potential contractors. Seven respondents submitted bids. The current revised cost for this project is $6,000,000, including outsourced project management. In addition to a balance of original funding, the project has $1,386,669 of previously allocated funds from various sources. An additional $575,000 was allocated from General Fund balance as approved by th Council on December 12, 2017. A budget amendment of $1,570,491 reallocating funds related to Bonnie Brae Phase 3 freeing General Fund resources along with a budget amendment of $1,134,640 utilizing additional General Fund resources and unallocated savings from other capital projects was proposed to Council on March 27, 2018, to be transferred to this project. This reallocation of resources fully funds the project. A companion contract for professional services in the amount of $190,000 related to project management for the construction of the complex is also included in the project cost. Project management by a firm will assist the City in ensuring construction of the project is performed as contracted, provide an additional evaluation of costs and potential changes, and keep the project on the stated timeline. The scope of services includes: Regular meetings with City representatives to review and provide updates on the project status Site visits to observe progress and quality of work is in accordance with the construction contract documentation Review of material certified test reports Establish procedures for administering constructive changes / prepare documentation for contract modifications Maintain project documentation Review payment requests Conduct final review of the project for conformance of compliance Three design options were developed, complementing the bid structure. Full design at $6M includes all base bid items and all alternate bid options. A $5.5M project option allows for the construction of four lighted fields, a restroom / concession stand structure, a playground, and the full parking lot. Pavilions and fencing are not included. The last option includes two lighted fields, the restroom / concession structure, a playground, all pavilions, and part of the parking lot at a cost of $4.6M. Under the $5.5M and $4.6M options, PARD would be responsible for hydromulching, the procurement and installation of site amenities, and planting of trees. The current bid proposal and pricing under this funding assumption expires on May 18, 2018. OPTIONS Three funding options for consideration are: Proceed as proposed on March 27th using a reallocation of RTF funding and unallocated CIP funding for the full cost of the project. ilable sources of funding for the full cost of the project. Select one of the two lower cost designs and fund utilizing identified available funding. RECOMMENDATION Staff recommends funding the project using the strategy outlined on March 27, 2018 for the full design and cost of the project. ESTIMATED SCHEDULE OF PROJECT By proposed contract, total calendar days to completion is 292. Work will begin with 15 days of notice to proceed by the City. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Council received presentations on the Vela Athletic Complex and funding on September 12, 2017, December 12, 2017, and March 27, 2018. BID INFORMATION RFP 6671 was released on December 19, 2017 and closed January 18, 2018. The RFP was sent to 600 potential contractors with seven responses. The current bid proposal expires on May 18, 2018. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.4 Provide and support outstanding leisure, cultural, and educational opportunities EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Presentation Exhibit 3 Cost Projection Respectfully submitted: Laura Behrens Assistant Director, Parks and Recreation Prepared by: Laura Behrens Assistant Director, Parks and Recreation City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-532,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding a policy and application process to review housing tax credit requests. City of DentonPage 1 of 1Printed on 4/20/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Manager’s Office CM/ DCM/ ACM: Todd Hileman, City Manager DATE: April 24, 2018 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the revised policy and application process used to review housing tax credit project requests. BACKGROUND The Texas Department of Housing and Community Affairs (TDHCA) offers a Housing Tax Credit program as one of the primary means of directing private capital toward the development and preservation of affordable rental housing for low-income households. Typical projects include apartment complexes, rental townhomes, mixed-income and mixed-use properties, supportive housing for those with special needs, and independent living facilities for seniors. There are two types of Housing Tax Credit (HTC) programs available: a 4% (non-competitive) and a 9% (competitive) program. Both programs have unique features and rules. Current TDHCA requirements include submission from developers of either a resolution of support or of no objection from the municipality in which the project is located. In May 2017, the City Council considered two 4% housing tax credit (HTC) requests from a developer. As a result of this review, Council requested staff research how other municipalities consider HTC requests and if a new review process could be implemented. The process would streamline the review, support the establishment of specific applicant expectations, and increase transparency. On June 27, 2017, staff briefed the City Council regarding the processes used by other municipalities. A draft application and policy were provided for discussion. Council requested that staff develop a point system to evaluate the applications. Staff contacted additional communities and met with developers including the Denton Housing Authority (DHA) to solicit comments on the proposed policy and application. Based on feedback received and review of HTC guidelines from additional municipalities, staff revised the application and policy as follows: Θ Eliminated a due date on 4% applications; Θ Condensed the narrative questions and checklist to streamline the format and submittals; Θ Eliminated some duplicate questions that would be addressed through planning & zoning submittals On October 10, 2017, staff presented an updated draft policy and application process and recommended two options. Option one would implement the policy as presented to test its effectiveness and option two would incorporate stated policy preferences in lieu of a points system. Council wanted to review the policy considerations and preferences further and requested a joint meeting with the Denton Housing Authority (DHA) Board to discuss this item among others. A joint meeting was held on December 4, 2017 with Council requesting the DHA to provide written feedback on the proposed draft application and policy. Attached in Exhibit 4 is the letter provided by the DHA Board. In December 2017, TDHCA released its 2018 timeline for 9% requests with pre-applications due by January 9, 2018 and final applications due by March 1, 2018. This required developers to submit any resolutions of support from cities with their final application by March 1. Due to the quick timeline, staff notified Council of the intent to use the draft policy and application with interested developers to test out the application process and gather information to streamline the requests and presentation to City Council for consideration. Under the fast approaching TDHCA deadline, staff communicated with interested developers to submit requests using the draft HTC application. This provided sufficient time for staff to review the request with the developer and prepare the information needed for City Council consideration. As a part of the application process, staff was able to meet with two developers interested in developing HTC projects in Denton. In addition to reviewing the applications, staff took the opportunity to solicit feedback from the developers regarding the drafted policy and application process. Both developers expressed support for having a tool that clearly explains the City’s expectations for seeking resolutions of support for HTC applications. It was suggested that some stated criteria or preferences would be helpful to have better information regarding what type of developments or projects would most likely be supported. In addition, staff was able to gather information regarding how developers complete TDHCA’s HTC application. This assisted staff in developing a better understanding regarding how to evaluate and prioritize applications. Based upon the developers’ feedback, input from the DHA Board, and staff review additional revisions to the policy and application have been made by staff. These include the following: Θ Adjust the Policy to reflect preferences in evaluation of projects (see suggestions and discussion below); Θ Add a self-score matrix for staff to easily view TDHCA application scoring criteria; Θ Adjust requirements in Part 3.e.ii to only be required if the project is tax exempt and adding guidance in Part 3.e. that applicants should also document each notification and response to requests for letters of support and/or opposition to account for times when participating jurisdictions may not provide a letter in support or opposition in a timely manner; Θ Amend the 4% request information to include instructions that, “Applications for the Request for Support for 4% must be submitted at least 60 days prior to when the letter must be submitted by the applicant to TDHCA” to allow staff and Council sufficient time to review requests. RECOMMENDATION The recommendation is for Council to approve a resolution to adopt the Policy and Application. If Council would like to prioritize preferences in evaluation of projects, staff has developed a recommended list based upon the City’s strategic plan, Denton Plan 2030, and the 2015-2019 5 Year Consolidated Plan for Housing and Community Development. The suggested preferences in the policy are as follows: Acquisition, rehabilitation or renovation of existing affordable housing; Senior Housing developments; Mix of Affordable and Market Rate units; Proximity to other HTC projects in the City of Denton; Pays property taxes or a fee in lieu of taxes dedicated to supportive housing programs; Designating setaside units for supportive housing programs to house vulnerable populations including people experiencing homelessness homeless, people with mental illness, chronic health conditions, the disabled, seniors, and/or victims of domestic violence. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Staff presented a draft application and policy to review requests of support for housing tax credits to City Council on June 27, 2017 and October 10, 2017. Staff presented a 9% application submitted by a developer under the draft policy and application process to City Council on February 13, 2018. STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.5 Provide support to citizens in need through social service agencies and programs EXHIBITS Exhibit 1 – Agenda Information Sheet Exhibit 2 – Revised Application Exhibit 3 – Revised Policy Exhibit 4 – DHA Board Response Respectfully submitted: Sarah Kuechler Director of Public Affairs/IGR Prepared by: Danielle Shaw Human Services Coordinator CityofDenton Exhibit 2 HousingTaxCredit(HTC)RequestforSupport Application Pleasenote:TheCityofDentonreservestherighttodenyapplicationsthatdonotcoincidewiththe/źƷǤƭHousingTaxCredit SupportInstructionsandPolicy,variousstrategicandmasterplans,orpolicydirectionfromtheDentonCityCouncil.Beforea projectwillbeevaluated,eachapplicantrequestingsupportmustsubmitacompletedapplicationwithallattachmentsin accordancewiththetimelineprescribedherein. 1.PROJECTINFORMATION LegalNameofDeveloper/Entity NameofProposedDevelopment Physicaladdressoftheproject Censustract#CouncilDistrict#SchoolDistrict GeneralSeniorSupportiveHousingSpecialPopulations Projecttype: OwnerDeveloperOther(listbelow): ApplicantRole: 9%HTC4%HTC HousingTaxCreditapplicationfor: ofSupportStatingNoObjection ApplicantisrequestingCouncilResolution: NewconstructionRenovationAcquisition/Redevelopment Istheproperty: Totalnumberofunits: #ofAffordableUnits #ofTotalUnits$#ofMarketRateUnitsEstimatedRent#SFofEachUnit #30%#60%MR SRO* 1BR 2BR 3BR TotalUnits 00000 0.0%0.0%0.0%0.0% %ofTotal LengthofAffordabilityontheProject: *SingleRoomOccupancy 2.APPLICANTINFORMATION Name STZIP City Telephone Contactperson ContactEmail ContactTelephone FederalTaxID# DUNS#: ForDevelopersandPartners,checkallthatapply:ForProfitNonprofitPublicHousingAuthority Page1of3 CityofDenton HousingTaxCredit(HTC)RequestforSupport Application Inthelasttenyears: Yes HaveyoudevelopedotherHousingTaxCreditprojects? No Ifyes,pleaselistprojectnamesandaddresses: Yes Haveyoudevelopedotheraffordablehousingprojects? No Ifyes,pleaselistprojectnamesandaddresses: 3.PROJECTNARRATIVE&ATTACHMENTCHECKLIST Aprojectnarrativeandattachmentsmustbeattachedtothisapplicationandbrieflyaddress,ataminimum,eachofthefollowingitems: a. PreliminarySitePlanProvideapreliminarysiteplanfortheproposedproject; b. Locationmapͻğƌƌͼmultifamilydevelopmentshighlightingaffordablehousingwithintwomilesoftheproposedsite; c. Censustractmapwithsiteidentified; d.LetterofzoningverificationorstatusofrezoningrequestfromtheCityIncludealetterfromtheCityof5ĻƓƷƚƓƭDevelopment ServicesDepartmentverifyingthatthecurrentzoningofthesitefortheproposedprojectiscompatiblewiththeanticipateduse,or includedocumentationverifyingthatarequesttochangecurrentzoninghasbeensubmitted; e.Supportand/oroppositionfromcommunityDescribetheimpacttheprojectisanticipatedtohaveonsurroundingneighborhoodand involvementandsupportfromlocalstakeholdersandneighborhoodorganizations;includealistofstakeholdersandneighborhood associationscontacted.Attachalllettersofsupportoroppositiontoyourprojectanddocumenteachnotification/response: i.; Letterofsupportand/oroppositionfromtheneighborhoodassociation ii.Letterofsupportand/oroppositionfromtheschooldistrict(s)(ifprojectwillbetaxexempt); iii.) Letterofsupportand/oroppositionfromtheCounty(ifprojectwillbetaxexempt f. TDHCAselfscorePleaseattachTDHCASelfScoreMatrixSampleProvided. g.Describetenantpopulation(s),restrictions(e.g.incomeoragerestrictions)andaccesstosupportiveservicesdemonstratedthrough provisionoforproximitytocommunityresourcesΑschools,libraries,publicfacilities,nonprofits,healthcareandfoodsecurity,public ; transitetc.ifany,tobeprovidedtoormadeavailabletoresidents h.Providealistofbasicamenitiesandunitamenitiesproposedfortheproject; i.DescribetheƦƩƚƆĻĭƷƭqualityofdesignandconstruction; j.DemonstratetheƦƩƚƆĻĭƷƭcompatibilityandalignmentwiththeprioritiesstatedinthe/źƷǤƭComprehensivePlan,FutureLandUse Map,ConsolidatedPlan,andanyotherapplicablemaster,strategic,andredevelopmentorneighborhoodplansadoptedbytheCityof 4.FINANCIALNARRATIVE&ATTACHMENTCHECKLIST itemsincluding Afinancialnarrativefortheprojectmustbeattachedtothisapplication.Pleaseaddress,ataminimum,eachofthefollowing followingattachments: a.Projectproforma b.AnnualAuditforeachpartners c. Describethetaxablestatusofthedevelopment.Indicatewhetherthedevelopmentwillbepayingpropertytaxesorifthedevelopment willbetaxexempt; Ifprojectwillbetaxexempt,provide: d. intotal)overthe15yearperiod,andincludeassumptionsand Aprojectedlossofpropertytaxes(toeachtaxingentityand i. Acopyofthefiscalyearbudgetandstrategicplanofthetaxexemptpartner; ii. iii. FeesinLieuof:Adetailedplanclearlyshowinghowprojectrevenueswillbedistributed,includingcommunityservices contributionsandinvestmentsbythetaxexemptpartnerandforprofitdeveloper. Page2of3 CityofDenton HousingTaxCredit(HTC)RequestforSupport Application SUBMISSIONINFORMATION 5. TheDevelopmentServicesDepartmentservesasthe/źƷǤƭprimarystaffandpointofcontractforallTDHCAprograms.Completed applicationsshouldbesubmittedto:_____________________ Beforeaprojectwillbeevaluated,eachapplicantrequestingsupportmustsubmitacompletedapplicationwithallattachments. CityofDenton2019ImportantDatesfor9%RequestforSupport*: January2019: ApplicationDeadline February2019: PresentationfromApplicant(s)atCityCouncilWorkSession March2019: ConsiderationofResolution(s)atCityCouncilMeeting *HousingTaxCredit4%RequestforSupportwillcompletethesamestepsabovebutmaybesubmittedyearround. ApplicationsfortheRequestforSupportfor4%mustbesubmittedatleast60dayspriortowhenthelettermustbesubmittedbytheapplicanttoTDHCA. ApplicantmustattendallCityCouncilmeetingswheretheseResolutionsarediscussed.Staffwillinformtheapplicant,usingthee mailaddressesprovided,ofthemeetingdatesassoonastheyaredetermined. CERTIFICATION Theapplicant/developercertifiesthatthedataincludedinthisapplicationandtheexhibitsattachedistrueandcompletetothe bestofmyknowledge.ThestatementsaremadeforthepurposeofobtainingaresolutionorresolutionsfromtheDentonCity Council.IunderstandthatfalsestatementsmayresultinforfeitureofbenefitsandpossibleprosecutionbytheCityAttorney. LegalNameofDeveloper/Entity AuthorizedOfficerTitle SignatureDate Page3of3 TDHCASelfScoreSampleMatrix Max TDHCASelfScoreCategoryProgramSelfScore Points UnitSize7Quality(15)xx UnitSize(8)8 UnitandDevelopmentFeatures(7)7 SponsorCharacteristics(HUB)2 IncomeLevelsofTenants(16)16 RentLevelsofTenants(13)13 TenantServices(w/SHP11allothers10)11 OpportunityIndex(upto7)7x A.11stor2ndQuartilewith<20%poverty(2) A.23rdQuartilenextto2nd(1pt) B.11/2MilefromPlayground(1) B.21/2milefromPub.Transportation B.31milefromGroceryorPharmacy(1) B.43milesfromEmergencyRoomorUrgentCare(1) B.52milesfromchildcare(1) B.6Crimerateof26per1,000(1) B.71milefrompubliclibrary(1) B.85milesfromUniversityorCommunityCollege(1) B.10Age25withAssocDeg>27%(1) B.121mileindoorrecretion(1) B.131mileoutdoorrecreation(1) B.141mileofchurchorcivicclub(1) B.15MealsonWheelsservicearea(1) UnderservedArea(upto5)xx A.Colonia(2)*0x B.EconomicallyDistressed(1)*0x C.CTwithnoHTCever(3)3 D.CT(notC.)withnoHTCunder15yrs(2)0 E.CTwithnoHTCorcontiguousnoHTCfor15yrs(5)0 SpecialHousingNeedsatleast5%SetAsides(2)2 ProximitytoUrbanCore(5pts)n/apopunder200K*0x Popof200kormore2milesx Popof500kormore4miles ReadinessforDisasterFEMADesignation(5)*0x LocalGov.LettersofSupport/NoObjections(177)*0x LPSFunding 1 DeclaredDisasterArea 10 QuantifiableCommunityParticipation(9)*0x StateRepresentativeSupport(9)*0x FinancialFeasibility(18)19 CostofDevelopment/Sq.Ft.(12)12 PreApplicationParticipation(6)6 LeveragingofResources(3)3 ExtendedAffordability(2)2 HistoricPreservation(5)75%inHistoricStructure 0x RightofFirstRefusal 1 FundingRequestAmount 1 TotalFullAppSelfScorePoints1240 *Citynoteligibleornotapplicableatthetimeofselfscore Exhibit 3 CITYOFDENTON HOUSINGTAXCREDIT(HTC) REQUESTFORSUPPORTPOLICY PolicyStatement:TomeetthehousinganddevelopmentobjectivesoftheCityofDenton,itshallbethe /źƷǤƭpolicytoanalyzeprojectsrequestingsupportforproposedHousingTaxCredits(HTC).Suchanalysis istodetermineiftheprojectscomplywithcertainprinciplesandpoliciesinthe/źƷǤƭDenton2030Plan andthe5YearConsolidatedPlanforHousingandCommunityDevelopmentaswellasvariousother master,strategic,andredevelopmentorneighborhoodplansadoptedbytheCityofDenton.Thegoalof thisanalysisisto(a)establishifHTCprojectsmeritlocalsupport,and(b)prioritizeHTCsubmissionsif morethanasingleproposalisreceivedduringanevaluationperiod.TheDepartmentofDevelopment Servicesservesasthe/źƷǤƭprimarystaffandpointofcontactforallHTCprograms. EvaluationCriteria:TheCityofDentoniscommittedtothegoalofimprovingthequalityoflifeintheCity, itsneighborhoodsandforitsresidents.Aspartofthiscommitmenttoacomprehensivecommunity developmentandimprovementprogram,theCitysupportsthedevelopmentofdecent,safe,sanitary, andaffordablehousingoptionsthatprovidesfullandequalaccesstoallpersons. Therefore,ingeneral,theCityofDentonwilluse,butnotbelimitedtotheapplicationcriteriathat demonstratestheprojectmaximizesaffordableunitsinthecommunity,improvesthequalityofhousing andneighborhoods,inclusivenesswithsurroundingneighborhood,andmeetsCityComprehensive Planning.PreferencesinevaluationofprojectsforconsiderationofCitysupportarelistedbelow: Acquisition,rehabilitationorrenovationofexistingaffordablehousing SeniorHousingdevelopments MixofAffordableandMarketRate ProximitytootherHTCprojectsintheCityofDenton Payspropertytaxesorafeeinlieuoftaxesdedicatedtosupportivehousingprograms. Designatingsetasideunitsforsupportivehousingprogramstohousevulnerablepopulations includingpeopleexperiencinghomelessnesshomeless,peoplewithmentalillness,chronic healthconditions,thedisabled,seniors,and/orvictimsofdomesticviolence. RequiredInformation:Beforeaprojectwillbeevaluatedbythestaff,eachapplicantrequestingsupport mustsubmittheCityof5ĻƓƷƚƓƭHTCRequestforSupportapplicationwithallattachments.The applicationandlistofrequireddocumentsareavailableonthe/źƷǤƭwebsiteatwww.cityofdenton.com. AnnualSchedule:TheCityofDentonwillestablishandannounceeachyearanannualscheduleof deadlinesandotherdatesofimportanceforconsiderationofCitysupportforLIHTCprojects.Theschedule isavailableonthe/źƷǤƭwebsiteatwww.cityofdenton.com. MeetingwithCityStaff:Nolessthanonemeetingwiththeapplicant,developer,sponsor,andrelevant Citystaffwilltakeplacetodiscusstheproposedprojectingeneral,andanyissuesandconcernsidentified intheapplicationinparticular. CITYOFDENTON HOUSINGTAXCREDIT(HTC) REQUESTFORSUPPORTPOLICY PresentationtoCityCouncil:TheApplicantwillberequestedtogiveapresentationtotheCity Councilregardingtheirproposedproject.PresentationswillgenerallybescheduledduringaCity CouncilWorkSessioninthemonthofFebruary. SubstantialChanges:ShouldaprojectwhichreceivessupportfromtheCityhaveasubstantialchange including,butnotlimitedto,thefollowingbeforethestartofconstruction,theDevelopermustnotifythe CityofDentoninwritingandrequestanewcommitmentofsupport: ΘNumberofunits NumberofAffordableUnitsorAffordabilityperiod ΘTypeofunits ΘTargetpopulation ΘAmenities ΘTypeofconstruction ΘDeveloper/sponsor/owner ΘFinalsitedevelopmentplan AdministrationoftheHTCProgram:TheHTCprogramintheStateofTexasisadministeredbytheTexas DepartmentofHousing&CommunityAffairs.TheCityofDentonhasnoresponsibilityforapplication approvalforHTCprojectsorfortheadministrationoftheHTCprogram. DevelopmentReview:ConsiderationoftheğƦƦƌźĭğƓƷƭrequestforaResolutionofSupportora ResolutionofNoObjectioninnowayimpactsthe/źƷǤƭrightstoapprove,disapprove,ormodifythe developersproposedsiteplansortomodifythezoningfortheproposeddevelopment. Page 2 of 2 Exhibit 4 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-620,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding existing pavement failures on selected concrete streets throughout Denton. City of DentonPage 1 of 1Printed on 4/20/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Engineering CM/DCM/ACM: Mario Canizares DATE: April 24, 2018 SUBJECT Receive a report, hold a discussion, and provide staff comments regarding existing pavement failures on selected concrete streets throughout Denton. SUMMARY The purpose of this work session is for staff to brief the City Council on pavement failures occurring throughout the City of Denton. These pavement failures are occurring in newer subdivisions less than 10- years old, typically just after their warranty periods have expired and well ahead of anticipated maintenance cycles. BACKGROUND Streets Division has noticed over the last 5 to 8 years that concrete streets in newer subdivisions have been period typically extends 2-years after the City has accepted the final construction of all public infrastructure on a project. The failures appear to be similar in nature to the Wind River pavement failures that led to Concrete pavement is expected to have a minimum useful life of 30 years if constructed correctly. This construction is highly dependent on soil conditions and composition which leads to the use of early geotechnical exploration of potential roadway projects. Geotechnical exploration in the design phase of a project allows pavement designs to accommodate for soil conditions and compositions by using specific thicknesses of base (the foundation of the road) and pavement thicknesses as well as determining the best possible materials to be used for a specific project (i.e., flex base or lime treated base). Current failures appear to occur in highly suspect geologic regions that would require alternative pavement designs. Some failures also appear to follow the pathway of wastewater collection lines. This Due to the variability of failure modes and causes, staff recommends the use of an outside consultant to assess the pavement failures and possible solutions to prevent further occurrences. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Not Applicable STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.3 Promote superior utility services and City facilities EXHIBITS 1. Agenda Information Sheet 2. Presentation Respectfully submitted: W. Todd Estes, 940-349-8917 City Engineer City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-719,Version:1 AGENDA CAPTION DeliberationregardingPersonnelMatters-UnderGovernmentCodeSection551.074;Consultationwith Attorney - Under Texas Government Code Section 551.071. Deliberate and discuss the evaluation, duties, discipline, procedures, and contract of the City Attorney. City of DentonPage 1 of 1Printed on 4/20/2018 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-731,Version:1 AGENDA CAPTION Consultation with Attorneys - Under Texas Government Code, Section 551.071 Receiveinformationfrom,consultwith,deliberate,andprovidedirectiontotheCity’sattorneysregarding moniespaidbytheCitytotheUniversityofTexasatArlington(“UTA”)relatedto(i)UTA’sSolidWaste InstituteforSustainability;and,(ii)UTA’sresearchrelatedtoand/orattheCity’sECO-W.E.R.C.S.Resource RecoveryPark.ApublicdiscussionoftheselegalmatterswouldconflictwiththedutyoftheCity’sattorneysto theCityofDentonandtheDentonCityCouncilundertheTexasDisciplinaryRulesofProfessionalConductof theStateBarofTexas,orwouldjeopardizetheCity’slegalpositioninanyadministrativeproceedingor potential litigation. City of DentonPage 1 of 1Printed on 4/20/2018 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-716,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas amending the Code of Ordinances, related to Chapter 2, titled “Administration” Article XI, titled “Ethics”; providing for findings of facts; providing a repealer; providing severability; providing codification; confirming proper notice and meeting; and providing for an effective date. City of DentonPage 1 of 1Printed on 4/20/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: CM/ DCM/ ACM: Bryan Langley DATE: April 24, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas amending the Code of Ordinances, related to Chapter 2, , ; providing for findings of facts; providing a repealer; providing severability; providing codification; confirming proper notice and meeting; and providing for an effective date. BACKGROUND On November 7, 2017 a charter election was held in which Proposition D was approved by the voters and required the City adopt an ethics ordinance in accordance with Texas law and with adherence to certain minimum standards. Shortly after the election the City Council directed staff to hire attorney Alan Bojorquez to assist in the development of an ethics ordinance. Prior to commencing the drafting process the City Council completed two (2) hours of formal training on ethics laws and common components of municipal ethics policies in Texas. The City Council held a series of five (5) meetings from December 2017 to February 2018 to discuss various elements of an ethics ordinance and provide direction in the creation of an ethics ordinance. The first draft of an ethics ordinance, was presented to City Council on March 6, 2018. A second draft of an ethics ordinance, Draft arch 20, 2018. presented to City Council on April 3, 2018. Multiple drafts of an ethics ordinance were presented to City Council on April 17, 2018 and all prior drafts are available This ordinance is based on a broad sampling of more than nineteen (19) municipal ethics policies and over nineteen (19) hours of discussion with City Council. This ordinance would apply to the Mayor, City Council, Planning and Zoning, Zoning Board of Adjustment, Historic Landmark Commission, Board of Ethics, Public Utilities Board, department heads appointed by City Council, and vendors. Included as Exhibit 2 is an ethics ordinance based on feedback that staff has received during the prior City Council meetings. This ordinance meets all of the ethics ordinance requirements included in the charter amendment approved by the voters and the recommended elements of an ethics ordinance presented by the Charter Review Committee (CRC), except the Board of Ethics be a three person panel and city employees be included in the ordinance. The City Council decided that the Board of Ethics would be a seven (7) member body with three (3) alternate members. City employees were not included in the ethics ordinance being considered by City Council, but a resolution was approved by City Council adopting an employee ethics policy on April 17, 2018 that includes similar provisions as the City Council ethics ordinance. Exhibit 4. A redlined ordinance has been provided as Exhibit 3 . Changes were also made to grant the Board of Ethics powers to subpoena witnesses and documents as required by the City Charter, and to exclude property owners from whom the City aquires public right-of-way or other real property interest for capital improvement projects from the definition of vendor. PRIOR ACTION/REVIEW (Council, Boards, Commissions) November 14, 2017- City Council directed staff to hire attorney Alan Bojorquez. December 5, 2017- The first meeting with attorney Alan Bojorquez was held. December 19, 2017- The second meeting with attorney Alan Bojorquez was held. January 27, 2018- The third meeting with attorney Alan Bojorquez was held. February 6, 2018- The fourth meeting with attorney Alan Bojorquez was held. February 20, 2018- The fifth meeting with attorney Alan Bojorquez was held. March 6, 2018- March 20, 2018- ic hearing was held. April 3, 2018- April 17, 2018- STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence EXHIBITS Exhibit 1- Agenda Information Sheet Exhibit 2- Ethics Ordinance Exhibit 3- Ethics Ordinance Redline Exhibit 4- Charter Review Committee Final Report Exhibit 5- Presentation Respectfully submitted: Bryan Langley Deputy City Manager Prepared by: Charlie Rosendahl Management Analyst O:\\Ethics Ordinance Development\\April 24\\Ordinance-Ethics Draft G 04-19-18 Redline.docxS:\\Legal\\Our Documents\\Ordinances\\18\\Ordinance- Ethics Draft G 04-19-18 Redline.docxS:\\Legal\\Our Documents\\Ordinances\\18\\Ordinance-Ethics Draft G 04-17-18 -Clean.docx ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE CODE OF ORDINANCES, RELATED TO CHAPTER 2, ARTICLE XI, ETHICS; PROVIDING FOR FINDINGS OF FACT; PROVIDING A REPEALER; PROVIDING SEVERABILITY; PROVIDING CODIFICATION; CONFIRMING PROPER NOTICE AND MEETING; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Denton enacts this new Code of Ethics to foster a culture of integrity for those who serve the municipality and our citizenry; and WHEREAS, the City Council strives to increase public confidence in our municipal government; and WHEREAS, the City Council finds that it is the policy of the City that all City Officials and employees shall conduct themselves in a manner that assures the public that we are faithful stewards of the public trust; and WHEREAS, the City Council has determined that city officials have a responsibility to the citizens to administer and enforce the City Charter and City Ordinances in an ethical manner; and WHEREAS, the City Council wants to enhance public confidence in our municipal government by providing that each city official must strive not only to maintain technical compliance with the principles of conduct set forth in this Article but to aspire daily to carry out their duties objectively, fairly, and lawfully; and WHEREAS, the City Council enacts this Ordinance to ensure that decision makers provide responsible stewardship of City resources and assets; and WHEREAS, the City Council intends this Ordinance to provide a framework within which to encourage ethical behavior and enforce basic standards of conduct while providing due process that protects the rights of the complainant and the accused, and not to provide a mechanism to defame, harass or abuse political opponents, or publicize personal grudges; and WHEREAS, on November 74, 2017, Denton voters approved a proposition amending the City Charter so as to require the adoption of an ordinance regulating ethics; and WHEREAS, prior to commencing the drafting process, the City Council completed two (2) hours of formal training on state ethics laws and common components of municipal ethics policies in Texas; and WHEREAS, the contents of this draft was selected from a sampling of more than nineteen (19) municipal ethics policies from across Texas; and WHEREAS, this document represents the consensus of preferences expressed by the City Council over a period of eight (8) public work sessions, and three (3) public hearings, which were broadcasted. Altogether, the work sessions exceeded nineteen (19) hours of deliberations; and WHEREAS, this Code of Ethics shall apply to the Mayor, City Council, Planning and Zoning, Zoning Board of Adjustment, Historic Landmark Commission, Board of Ethics, Public Utilities Board, Department Heads appointed by the City Council, and Vendors; and WHEREAS, the City Council finds the attached amendments reasonable and necessary. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. FINDINGS OF FACT. The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. SECTION 2. AMENDMENT. That the Code of Ordinances, Denton, Texas, is hereby amended by adding an article to be numbered Chapter 2 Article XI, which said article reads as provided in Attachment A, attached hereto and incorporated into this Ordinance for all intents and purposes. SECTION 3. REPEALER. To the extent reasonably possible, Ordinances are to be read together in harmony. However, all Ordinances, or parts thereof, that are in conflict or inconsistent with any provision of this Ordinance including, but not limited to Section 2-62 (Conflict of Interest), are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters regulated, herein. SECTION 4. SEVERABILITY. Should any of the clauses, sentences, paragraphs, sections, or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. SECTION 5. CODIFICATION. The City Secretary is hereby directed to record and publish the attached rules, regulations, by Section 52.001 of the Texas Local Government Code. SECTION 6. EFFECTIVE DATE. This ordinance shall take effect September 1, 2018. SECTION 7. PROPER NOTICE & MEETING. It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, Chapter 551. Notice was also provided as required by Chapter 52 of the Texas Local Government Code. PASSED AND APPROVED this _____ day of ____________________, 2018. ___________________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY By: _________________________________ CITY OF DENTON CODE OF ORDINANCES CHAPTER 2: ADMINISTRATION ARTICLE XI. ETHICS DIVISION 1. GENERAL Sec. 2-265. Authority This Article is enacted pursuant to the authority granted to the City under Section 14.04 of the Charter. Sec. 2-266. Purpose The purpose of this Article is to foster an environment of integrity for those that serve the City of Denton and our citizenry. The City Council enacted this Article in order to increase public confidence in our municipal government. It is the policy of the City that all City Officials and employees shall conduct themselves in a manner that assures the public that we are faithful stewards of the public trust. City Officials have a responsibility to the citizens to administer and enforce the City Charter and City Ordinances in an ethical manner. To ensure and enhance public confidence in our municipal government, each City Official must strive not only to maintain technical compliance with the principles of conduct set forth in this Article, but to aspire daily to carry out their duties objectively, fairly, and lawfully. Furthermore, this Article was enacted to ensure that decision makers provide responsible stewardship of City resources and assets. It is not the purpose of this Article to provide a mechanism to defame, harass or abuse their political opponents, or publicize personal grudges. Rather, this Article is intended to provide a framework within which to encourage ethical behavior, and enforce basic standards of conduct while providing due process that protects the rights of the Complainant and the Accused. Sec. 2-267. Prospective This Article shall apply prospectively, and shall not sustain any Complaints based on acts or omissions alleged to have taken place prior to September 1, 2018. Sec. 2-268. Applicability This Article applies to the following persons: (a) City Officials; (b) Former City Officials whose separation from city service occurred less than one (1) year from the date of the alleged violation of this Article. Application of this Article to Former City Officials shall be limited to alleged violations: (1) that occurred during the term as a City Official; (2) of the prohibition on representing others for compensation (§2-273(d)(2)); or (3) of the prohibition of subsequent work on prior projects (§2-273(h)); (c) Vendors; and (d) Complainant(s), procedures and the prohibition on Frivolous Complaints. Sec. 2-269. Definitions The following words, terms, and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accepted Complaint: a sworn allegation of a violation of this Article after the required documentation has been submitted to the City Auditor and determined to be administratively complete. Accused: a City Official who has been charged in a Complaint with having violated this Article. Actionable Complaint: an Accepted Complaint that has been deemed by a Panel to contain allegations and evidence that, if accepted as true, would support a finding that a violation of this Article occurred. Advisory Opinions: written rulings regarding the application of this Article to a particular situation or behavior. Article: this Chapter 2, Article XI of the Code of Ordinances for the City of Denton. Baseless Complaint: a Complaint that does not allege conduct that would constitute a violation of this Article, or that does not provide evidence that, if true, would support a violation of this Article. Board of Ethics: the oversight entity established by the Council to administer this Article. Business Entity: a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, political subdivision, government agency, university, or any other entity recognized by law. Candidate: a person who has filed an application for a place on a ballot seeking public office, or one who has publicly announced the intention to do so. Charged: to be charged with a violation of this Article is to have an Accepted Complaint deemed Actionable. City: the City of Denton in the County of Denton and State of Texas. City Auditor: the person appointed to serve in the capacity provided for by Section 6.04 of the City Charterabsence. City Official: for purposes of this Article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning and Zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board. Code: the Code of Ordinances of the City of Denton, Texas, as such Code may be amended from time to time. Complainant: the human individual who submitted a Complaint to the City. Complaint: written documentation submitted to the City accusing a City Official of violating this Article. Confidential Information: any written information that could or must be excepted from disclosure pursuant to the Texas Public Information Act, if such disclosure has not been authorized; or any non-written information which, if it were written, could be excepted from disclosure under that Act, unless disclosure has been authorized by the City Council or City Manager. Council: the governing body of the City of Denton, Texas, including the Mayor and City Council Members. Deliberations: discussions at the dais; voting as a Member of the Board or Commission; or presentations as a member of the audience before any City Board or Commission; conversing or corresponding with other City Officials or Staff. This term does not apply to a general vote on a broad, comprehensive, or omnibus motion, such as approval of the City budget. Department Heads: the employees appointed by the City Council, those being the City Manager, City Auditor, City Attorney, and Municipal Court Judge. Former City Official: a City Official whose separation from city service occurred less than one (1) year from the date of an alleged violation of this Article. Frivolous Complaint: a sworn Complaint that is groundless and brought in bad faith, or groundless and brought for the purpose of harassment. Interfere: a person interferes with a process or activity pertaining to this Article when they intentionally and wrongfully take part in, or prevent, a City process or activity from continuing or being carried out properly or lawfully. Panel: an ad hoc subcommittee of the Board of Ethics consisting of three (3) members assigned by the Chairperson or designated by the City Auditor (as applicable) on a rotating basis, at least one (1) of which is an attorney or retired jurist. Pending Matter: an application seeking approval of a permit or other form of authorization required by the City, State, or Federal law; a proposal to enter into a contract or arrangement with the City for the provision of goods, services, real property, or other things of value; a case involving the City that is (or is anticipated to be) before a civil, criminal, or administrative tribunal. Person: associations, corporations, firms, partnerships, bodies politic, and corporate, as well as individuals. Recklessly: a person acts recklessly when they are aware of but consciously disregard a substantial and unjustifiable risk that a certain result is probable from either their conduct, or in light of the circumstances surrounding their conduct. The risk must be of such a nature and degree that to disregard it constitutes a gross deviation from the standard of care that an ordinary person would exercise under the circumstances. rd Relative: a family member related to a City Official within the third (3) degree of affinity (marriage) or consanguinity (blood or adoption). Shall: a mandatory obligation, not a permissive choice. Special Counsel: an independent, outside attorney engaged by the City to advise the City as an organization and/or the Board of Ethics. Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition does not include those property owners from whom the City acquires public right-of-way or other real property interests for capital improvement projects. Sec. 2-270. Cumulative & Non-Exclusive This Article is cumulative of and supplemental to all applicable provisions of the City Charter, other City Ordinances, and State/Federal laws and regulations. Compliance with this Article does not excuse or relieve any person from any obligation imposed by any other Rule. Attempts to enforce this Article shall not be construed as foreclosing or precluding other enforcement options provided by other law. DIVISION 2. RULES OF CONDUCT Sec. 2-271. Expectations These expectations are aspirational, and shall not serve as the basis for a Complaint. (a) City Officials are expected to conduct themselves in a manner that fosters public trust. (b) City Officials are charged with performing their public duties in a way that projects a high level of personal integrity and upholds the integrity of the organization. (c) City Officials must avoid behavior that calls their motives into question and erodes public confidence. (d) City Officials shall place tCity serves above private, personal interests. (e) Those who serve the City are expected to value honesty, trustworthiness, diligence, objectivity, fairness, due process, efficiency, and prudence as values the City professes. (f) City Officials must balance transparency with the duty to protect personal privacy and preserve the confidential information with which the City has been entrusted. (g) It is neither expected nor required that those subject to this Article relinquish or waive their individual rights. Sec. 2-272. Mandates (a) Duty to Report. City Officials shall report any conduct that the person knows to be a violation of this Article. Failure to report a violation of this Article is a violation of this Article. For purposes of this section, submittal of a Complaint or a report made to the Fraud, Waste, or Abuse hotline shall be considered to be a report under this Section. A report to the hotline may remain anonymous unless disclosed by the caller. (b) Financial Disclosures. All Candidates for City Council, including Candidates for Mayor, shall file financial information reports as required by, and in accordance with, State law. All prospective Vendors and City Officials shall file disclosure forms as required by, and in accordance with, State law. (c) Business Disclosures. When a Pending Matter is before the City Official, and the City Official has knowledge of being a partner with one of the owners of the Business Interest with the Pending Matter, all City Officials shall file with the City Auditor a report listing the known names of human individuals with whom the City Official spouse is named partner in the following types of businesses: General Partnership, Limited Partnership, Limited Liability Partnership, or Limited Liability Corporation, or Professional Corporation. Annual reports shall be submitted within ninety (90) days of taking office. Failure to submit a report shall not serve as a basis for a Complaint unless the City Official fails to submit a report within thirty (30) days of being provided written notification of the omission. Neither the existence of a business relationship as described in this Section, nor the submission of a report required by this Section shall prevent a City Official from participating in Deliberations on matters pending before the City absent a Conflicting Interest. Sec. 2-273. Prohibitions (a) Conflicts of Interest: (1) Deliberation Prohibited. It shall be a violation of this Code for a City Official to knowingly deliberate regarding a Pending Matter for which the City Official currently has a Conflicting Interest. City Officials with a current Conflicting Interest in a Pending Matter must recuse themselves and abstain from Deliberations. It is an exception to this recusal requirement if the City Official serves on the City Council, Planning and Zoning Commission, Board of Ethics, Historic Landmark Commission, Public Utilities Board, or Board of Adjustment; and a majority of the members of that body is composed of persons who are likewise required to file (and who do file) disclosures on the same Pending Matter. (2) Disclosure Required. If a City Official has a Conflicting Interest in a Pending Matter, the City Official shall disclose the nature of the Conflicting Interest by filing a sworn statement with the City Auditor. Disclosures under this subsection shall be for the time period, including the previous calendar year, and up to date where the Conflicting Interest arises before the City Official. (3) Definition of Conflicting Interest. For purposes of this Article, the term is defined as follows: Conflicting Interest: a stake, share, equitable interest, or involvement in an undertaking in the form of any one (1) or more of the following: (A) ownership of five percent (5%) or more voting shares or stock in a Business Entity; (B) receipt of more than six-hundred dollars ($600.00) in gross annual income from a Business Entity, as evidenced by a W-2, 1099, K-1, or similar tax form; (C) ownership of more than six-hundred dollars ($600.00) of the fair market value of a Business Entity; (D) ownership of an interest in real property with a fair market value of more than six-hundred dollars ($600.00); (E) serves on the Board of Directors or as an Officer of a Business Entity, unless the City Official was appointed to that position by the City Council; and/or (F) serves on the Board of Directors (i.e., governing body) or as an Officer of a nonprofit corporation or an unincorporated association, unless the City Official was appointed to that position by the City Council. A City Official is considered to have a Conflicting Interest if the City OfficialRelative has a Conflicting Interest. The term Conflicting Interest does not include ownership of an interest in a mutual or common investment fund that holds securities or assets unless the City Official participates in the management of the fund. (b) Gifts. (1) General. It shall be a violation of this Article for a City Official to accept any gift that might reasonably tend to influence such Officer in the discharge of official duties. (2) Specific. It shall be a violation of this Article for a City Official to accept any gift for which the fair market value is greater than fifty dollars ($50.00). It shall be a violation of this Article for a City Official to accept multiple gifts from a single source for which the cumulative fair market value exceeds two hundred dollars ($200.00) in a single fiscal year. (3) It shall be a violation of this Article for a Vendor to offer or give a Gift to a City Official exceeding fifty dollars ($50.00) per gift, or multiple gifts cumulatively valued at more than two hundred dollars ($200.00) per a single fiscal year. (4) Definition of Gift. Anything of monetary value, including but not limited to cash, personal property, real property, services, meals, entertainment, and travel expenses. (5) Exceptions. This definition shall not apply to the following, which are allowed under this Article: (A) a lawful campaign contribution; (B) meals, lodging, transportation, entertainment, and related travel expenses paid for (or reimbursed by) the City in connection with the City Official attendance at a conference, seminar or similar event, or the coordinator of the event; (C) meals, lodging, transportation, or entertainment furnished in connection with public events, appearances, or ceremonies related to official City business, nonprofit functions, or charity functions, or community events, if furnished by the sponsor of such events (who is in attendance); (D) complimentary copies of trade publications and other related materials; (E) attendance at hospitality functions at local, regional, state, or national association meetings and/or conferences; (F) any gift that would have been offered or given to the City Official because of a personal, familial, professional relationship regardless of the City with the City; (G) tee shirts, caps, and other similar promotional material; and (H) complimentary attendance at political, nonprofit, or charitable fund raising events. (6) Donations. It is not a violation under this Article for a City Official to accept a Gift prohibited by this Article on behalf of the City of Denton. Conveyance of a Gift prohibited by this Article to the City of Denton or a nonprofit corporation cures any potential violation. (7) Reimbursement. It is not a violation under this Article for a City Official to accept a Gift prohibited by this Article and promptly reimburse the Person the actual cost or fair market value of the gift. (c) Outside Employment. (1) Applicability of Section. This subsection applies to Department Heads. (2) Prohibition. It is a violation of this Article for a Department Head to solicit, accept, or engage in concurrent outside employment which could reasonably be expected to impair independence of judgment in, or faithful performance of, official duties. (3) Disclosure and Consent. It is a violation of this Article for a Department Head to accept employment from any Person other than the City without first disclosing the prospective employment arrangement in writing to the Mayor and receiving the Mayor (d) Representation of Others. (1) Current City Officials. It shall be a violation of this Article for a City Official to represent for compensation any person, group, or entity before a board or commission of the City. For purposes of this subsection, the term compensation means money or any other thing of value that is received, or is to be received, in return for or in connection with such representation. (2) Former City Officials. It shall be a violation of this Article for a City Official to represent for compensation any person, group, or entity before the City Council or a board, commission, or staff of the City for a period of one (1) year after termination of official duties. This prohibition applies to representation in the form of advocacy or lobbying regarding discretionary approvals of the City, not routine, ministerial actions. For purposes of this subsection, the term compensation means money or any other thing of value that is received, or is to be received, in return for or in connection with such representation. The prohibition in this subsection solely applies to the Former City Official, and shall not be construed to apply to other affiliated Persons. This subsection does not apply to Former City Officials who represent others for compensation in the course of applying for non-discretionary, ministerial permits and routine approvals. It shall be an exception to this Article when the Former City Official is employed by or owns a small business which existed before the Former City Official commenced service as a City Official and is the sole source of specialized knowledge or expertise necessary within that small business, and that knowledge or expertise is necessary to transact business with the City. (e) Improper Influence. It shall be a violation of this Article for a City Official to use such person's official title/position to: (1) secure special privileges or benefits for such person or others; (2) grant any special consideration, treatment, or advantage to any citizen, individual, business organization, or group beyond that which is normally available to every other citizen, individual, business organization, or group; (3) assert the prestige of the official's or employee's City position for the purpose of advancing or harming private interests; (4) state or imply that the City Official is able to influence City action on any basis other than the merits; or (5) state or imply to state or local governmental agencies that the City Official is acting as a representative of the City, as an organization, or as a representative of the City Council without first having been authorized by the City Council to make such representation (except the Mayor, City Manager, and City Attorney). (f) Misuse of Information. (1) Personal Gain. It shall be a violation of this Article for a former City Official to use any confidential information to which the City Official had access by virtue of their official capacity and which has not been made public concerning the property, operations, policies, or affairs of the City, to advance any personal or private financial interest of any Person. (2) Confidential Information. It shall be a violation of this Article for a City Official to intentionally, knowingly, or recklessly disclose any confidential information gained by reason of the City Official's position concerning the property, operations, policies, or affairs of the City. This rule does not prohibit the reporting of illegal or unethical conduct to authorities designated by law. (g) Abuse of Resources. It shall be a violation of this Article for a City Official to use, request, or permit the use of City facilities, personnel, equipment, software, supplies, or staff time for private purposes (including political purposes), except to the extent and according to the terms that those resources are generally available to other citizens and the City Officials for official City purposes. (h) Abuse of Position. It shall be a violation of this Article for any City Official to engage in the following: (1) Harassment & Discrimination. Use the Official's position to harass or discriminate against any person based upon ethnicity, race, gender, gender identity, sexual orientation, marital status, parental status, or religion. (2) Interference. Interfere with any criminal or administrative investigation alleging the violation of any provision of this Article, the City Charter, administrative policy, or executive order in any manner, including but not limited to seeking to persuade or coerce City employees or others to withhold their cooperation in such investigation is a violation of this Article. (i) Subsequent Work on Prior Projects. It shall be a violation of this Article for any former City Official, within one (1) year of the cessation of official duties for the City, to perform work on a compensated basis relating to a City contract or arrangement for the provision of goods, services, real property, or other things of value, if while in City service the former City Official personally and substantially participated in the negotiation, award or administration of the contract or other arrangement. This Section does not apply to a City Official whose involvement with a contract or arrangement was limited to Deliberations as a member of the City Council, Planning and Zoning Commission, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board. DIVISION 3. IMPLEMENTATION Sec. 2-274. Staffing (a) City Auditor. The City Auditorand clerical support to the Board of Ethics to assist in the implementation and enforcement of this Article. The degree of support required shall be at the discretion of the City Auditor. Nothing herein creates a duty for the City Auditor to enforce this Article. Furthermore, this Article shall not be construed as requiring the City Auditor to investigate allegations of violations of this Article submitted via the Fraud, Waste, or Abuse hotline. (b) Conflicts Log. Office, maintain a Conflicts Log on an ongoing basis listing the Conflicting Interests disclosed by City Officials in accordance with this Article. The log is a public record. The City Auditor is neither authorized nor required to inspect or act upon the content of the Conflicts Log. (c) City Manager. If a Complaint accuses the City Auditor of violating this Article, the duties of the City Auditor under this Article shall be performed by the City Manager for purposes of processing that Complaint. Sec. 2-275. Legal Counsel (a) City Attorney. The City Attorney shall provide legal support to the City Auditor and the Board of Ethics in the administration of this Article. Nothing herein shall be construed to limit the authority of the City Attorney to render legal guidance in accordance with the . (b) Special Counsel. Independent, outside legal services shall be engaged by the City Attorney to provide legal support to the City Auditor and the Board of Ethics when: (1) in the City Disciplinary Rules of Professional Conduct (for lawyers), or is in the best interest of the City; or (2) when the City Council deems Special Counsel is necessary. Sec. 2-276. Training (a) Curriculum. The City Auditor shall approve a training program that provides an introduction and overview of the expectation, mandates, and prohibitions provided for by this Article. (b) Orientation. City Officials shall complete a training session regarding this Article within ninety (90) days of commencing their official duties. (c) Annual. City Officials shall complete an annual training session regarding this Article. (d) Exiting Officials. Information shall be provided to City Officials terminating their City service regarding the continuing restrictions on the representation of others by certain former City Officials. Sec. 2-277. Board of Ethics (a) Creation. There is hereby created a Board of Ethics for the City of Denton. (b) Appointment. The Board of Ethics shall be appointed by majority vote of the City Council. (c) Number. The Board of Ethics shall consist of seven (7) regular members, and three (3) alternate members. (d) Terms. Board of Ethics members (regular and alternates) shall be appointed for two (2) year, staggered terms. Members may be reappointed for successive terms. Appointment to fill a vacancy shall be for the remainder of the unexpired term. Members of the inaugural Board of Ethics shall draw straws to determine which three (3) members shall receive an initial term of one (1) year in order to stagger terms. In total, members may only serve three (3) consecutive terms. A member may be reappointed no sooner than one (1) year after expiration of a previous term. (e) Eligibility. Membership on the Board of Ethics is limited to residents of the City of Denton. Preference in appointments shall be given to professionals such as attorneys, architects, engineers, doctors, teachers, pastors, mediators, retired jurists, licensed professional counselors, and those with licenses demonstrating high levels of education or master craftsmanship in the building trades. The Board shall be comprised of at least three (3) members who are attorneys or retired jurists. (f) Ineligibility. The following shall disqualify a person from serving on the Board of Ethics: (1) current service as a City Official; (2) separation from city service as a City Official within two (2) years of the appointment; rd (3) familial relations within the third (3) degree of affinity (marriage) or consanguinity (blood or adoption); (4) current service as an elected official in Denton County; and / or (5) conviction of a felony or crime of moral turpitude. (g) Alternates. Alternate members of the Board of Ethics shall attend meetings only upon request by the City Auditoris to participate in meetings of the Board of Ethics as a replacement for a regular member who is absent or abstaining. (h) Scope of Authority. T and enforcement of this Article, and shall include the authority to administer oaths and affirmations, issue and enforce subpoenas to compel the attendance of witnesses and the production of testimony, evidence, and/or documents, as provided by the City Charter. Enforcement of subpoenas shall be through any of the Sanction options listed herein. (i) Amendments. The Board of Ethics may recommend amendments to this Article. A recommendation from the Board of Ethics is not required for the City Council to exercise its discretion in amending this Article. (j) Officers. At the first meeting of each fiscal year the Board of Ethics shall select from among its members a Chairperson and Vice-Chairperson. (k) Rules of Procedure: The Board of Ethics shall adopt rules of procedure governing how to conduct meetings and hearings. Such procedural rules are subject to confirmation or modification by the City Council. (l) Removal: The City Council may, by a vote of two-thirds (2/3), remove a member of the Board of Ethics for cause. Justifications warranting removal for cause shall include neglect of duty, incompetence, gross ignorance, inability or unfitness for duty, or disregard of the Code of Ordinances. Sec. 2-278. Advisory Opinions (a) Requests. Any City Official may request an Advisory Opinion on a question of compliance with this Article. Requests shall be submitted in writing to the City Auditor, who shall assign the request to a Panel or Special Counsel. (b) Issuance. A Panel of the Board of Ethics shall issue Advisory Opinions upon request. Advisory Opinions shall be issued within thirty (30) days of receipt of the request. (c) Reliance. It shall be an affirmative defense to a Complaint that the Accused relied upon an Advisory Opinion. In making a determination on the proper disposition of a Complaint, the Board of Ethics may dismiss the Complaint if the Board finds that: (1) the Accused reasonably relied in good faith upon an Advisory Opinion; (2) the request for an Advisory Opinion fairly and accurately disclosed the relevant facts; and (3) less than five (5) years elapsed between the date the Advisory Opinion was issued and the date of the conduct in question. Sec. 2-279. Complaints (a) Complainants. Any person who has first-hand knowledge that there has been a violation of Sections 2-272 and 2-273 of this Article may allege such violations by submitting a Complaint. The persons who may submit Complaints includes (but is not limited to) members of the Board of Ethics. (b) Form. Complaints shall be written on, or accompanied by, a completed form promulgated by the City Auditor. (c) Contents. A Complaint filed under this section must be in writing, under oath, must set forth in simple, concise, direct statements, and state: (1) the name of the Complainant; (2) the street or mailing address, email address, and the telephone number of the Complainant; (3) the name of each person Accused of violating this Article; (4) the position or title of each person Accused of violating this Article; (5) the nature of the alleged violation, including (whenever possible) the specific provision of this Article alleged to have been violated; (6) a statement of the facts constituting the alleged violation and the dates on which, or period of time in which, the alleged violation occurred; and (7) all documents or other material available to the Complainant that are relevant to the allegation. (d) Violation Alleged. The Complaint must state on its face an allegation that, if true, constitutes a violation of this Article. (e) Affidavit. A Complaint must be accompanied by an affidavit stating that the Complaint is true and correct or that the Complainant has good reason to believe and does believe that the facts alleged constitute a violation of this Article. The Complainant shall swear to the facts by oath before a Notary Public or other person authorized by law to administer oaths under penalty of perjury. (f) Limitations Period. To be accepted, a Complaint must be brought within six (6) months of the Complainant becoming aware of the act or omission that constitutes a violation of this Article. A Complaint will not be accepted more than two (2) years after the date of the act or omission. Notwithstanding the foregoing, nothing in this subsection shall be construed to extend the one (1) year limitation of activity applicable to Former City Officials. (g) Filing. Complaints shall be submitted to the City Auditor. Submission of Complaints may be made by hand delivery, U.S. Mail, or email directed to an email address publicly listed by the City Auditor. (h) Acceptance of Complaint. Within five (5) business days of receiving a Complaint, the City Auditor shall determine if it is administratively complete and timely. (1) Administratively Complete. A Complaint is administratively complete if it contains the information described above. If the Complaint is administratively complete, the City Auditor shall proceed as described in this Article. If the Complaint is incomplete, the City Auditor shall send a written deficiency notice to the Complainant identifying the required information that was not submitted. The Complainant shall have ten (10) business days after the date the City Auditor sends a deficiency notice to the Complainant to provide the required information to the City Auditor, or the Complaint is automatically deemed abandoned and may not be processed in accordance with this Article. Within five (5) business days of a Complaint being abandoned, the City Auditor shall send written notification to the Complainant and the Accused. (2) Timely. To be timely, a Complaint must be brought within six (6) months of the Complainant becoming aware of the act or omission that constitutes a violation of this Article. A Complaint will not be accepted more than two (2) years after the date of the act or omission. (i) Notification of Acceptance. Within five (5) business days of determining that a Complaint is administratively complete and timely, the City Auditor shall send a written notification of acceptance to the Complainant, the Accused, and the City Attorney. For purposes of this provision, a Complaint shall be considered Accepted when the City Auditor has deemed the submittal administratively complete and timely. (j) Confidentiality. A Complaint that has been submitted to the City is hereby deemed confidential until such time as the Complaint is either dismissed or placed on an agenda for consideration by the Board of Ethics in accordance with this Article. Clerical and administrative steps shall be taken to identify and manage confidential information in accordance with this Article. The confidentiality created by this Article includes the fact that a Complaint was submitted and the contents of that Complaint. It shall be a violation of this Article for a City Official to publicly disclose information relating to the filing or processing of a Complaint, except as required for the performance of official duties or as required by law. Requests for records pertaining to Complaints shall be responded to in compliance with the State law. The limited confidentiality created by this Article is limited in scope and application by the mandates of the Texas Public Information Act, Chapter 552 of the Texas Government Code. (k) Ex Parte Communications. After a Complaint has been filed and during the pendency of a Complaint before the Board of Ethics, it shall be a violation of this Article: (1) for the Complainant, the Accused, or any person acting on their behalf, to engage or attempt to engage directly or indirectly about the subject matter or merits of a Complaint in ex parte communication with a member of the Board of Ethics or any known witness to the Complaint; or (2) for a Member of the Board of Ethics, to knowingly allow an ex parte communication about the subject matter or merits of a Complaint, or to communicate about any issue of fact or law relating to the Complaint directly or indirectly with any person other than a Member of the Board of Ethics, the City Auditor the City Attorney's office, or Special Counsel. Sec. 2-280. Preliminary Assessment (a) Referral to Chairperson. Accepted Complaint(s) shall be referred to the Chairperson of the Board of Ethics within five (5) business days of being determined administratively complete. (b) Assignment of Panel. Within five (5) business days of receiving an Accepted Complaint, the Chairperson of the Board of Ethics shall assign the Complaint to a Panel for Preliminary Assessment. The Chairperson shall order a meeting of the Panel, which shall be conducted in compliance with the Texas Open Meetings Act. Each Panel shall select a Presiding Officer to conduct Panel deliberations. (c) Panel Determination. Within ten (10) business days of being assigned an Accepted Complaint, the Panel shall review the Complaint on its face and determine whether the Complaint is: (1) Actionable: the allegations and evidence contained in the Complaint, if true, would constitute a violation of this Article. (2) Baseless: the allegations and evidence contained in the Complaint, if true, would not constitute a violation of this Article. Actionable Complaints shall be returned to the Chairperson for listing on an agenda for a public hearing. Baseless Complaints shall be dismissed. Written notification of the filed with the City Auditor and sent to the Chairperson, Complainant, the Accused, and the City Attorney within two (2) business days. Written notifications of dismissal shall include notice of the right to appeal. (d) Appeals. A Panel preliminary assessment under this Section 2-280 may be appealed to the Board of Ethics by either the Complainant or the Accused, as applicable. An appeal shall be perfected by filing a written notice of appeal with the City Auditor within ten (10) business days of the date of the written notification. Sec. 2-281. Meetings (a) Calling Meetings. Meetings of the Board of Ethics shall be called upon request of the Chairperson, three (3) members, or the City Auditor. (b) Quorum. The quorum necessary to conduct meetings of the Board of Ethics shall be four (4). The Chairperson (or acting chairperson) shall count toward the establishment of a quorum and retains the right to vote. (c) Hearings: (1) Scheduling: Hearings shall be scheduled by the City Auditor upon the filing of: (A) a Panel determination that a Complaint is Actionable; or (B) Complaint as Baseless. (2) Purpose: The purpose of the hearing(s) shall be solely to determine whether: (A) a violation of this Article occurred, and if so to assess the appropriate sanction; (B) an Accepted Complaint was erroneously dismissed as Baseless by a Panel; and/ or (C) an Accepted Complaint is Frivolous. (3) Sworn Testimony: All witness testimony provided to the Board of Ethics shall be under oath. (4) Burden of Proof: Because the burden of showing that a violation of this Article occurred is placed on the Complainant, it is the Complainant that has the obligation to put forth evidence, including testimony, supporting the Complaint. The Complainan at a hearing shall be grounds for dismissal of a Complaint. (5) Representation: The Accused shall have a right to present a defense. Both the Complainant and the Accuser have a right to be represented by legal counsel. (d) Open Meetings. All meetings and hearings of the Board of Ethics, including Panel deliberations, shall be conducted pursuant to the Texas Open Meetings Act. The Board of Ethics may convene in Executive Session (i.e., conduct a closed meeting) as allowed by the Act. All final actions of the Board of Ethics shall take place in open session. (e) Postponement in Certain Instances. (1) Board: Proceedings may be postponed upon majority vote by the members of the Board of Ethics. (2) Parties: The Complainant and the Accused are each entitled to one (1) postponement without cause. Additional postponements shall be solely for good cause and at the discretion of the Board of Ethics. (3) Criminal Proceedings: If a Complaint alleges facts that are involved in a criminal investigation or a criminal proceeding before a grand jury or the courts, the Board of Ethics may, when a majority of its members deem appropriate, postpone any hearing or any appeal concerning the Complaint until after the criminal investigation or criminal proceedings are terminated. Sec. 2-282. Disposition (a) Dismissal. If the Board of Ethics determines at the conclusion of a hearing by simple majority vote of its members that a Complaint should be dismissed, it may do so upon finding: (1) the Complaint is Baseless; (2) the alleged violation did not occur; (3) the Accused reasonably relied in good faith upon an Advisory Opinion, as provided in this Article; or (4) the Complainant failed to testify at the hearing. (b) Sanctions. If the Board of Ethics determines by simple majority vote of those present and voting at the conclusion of a hearing that a violation has occurred, it may within ten (10) business days impose or recommend any of the following sanctions: (1) Letter of Notification. If the violation is clearly unintentional, or when the Accuser's action was made in reliance on a written Advisory opinion, a letter of notification shall advise the Accused of any steps to be taken to avoid future violations. (2) Letter of Admonition. If the Board of Ethics finds that the violation is minor and may have been unintentional, but calls for a more substantial response than a letter of notification. (3) Letter of Reprimand. If the Board of Ethics finds that the violation: (A) was minor and was committed knowingly, intentionally, or in disregard of this Article; or (B) was serious and may have been unintentional. (4) Recommendation of Suspension. If the Board of Ethics finds that a violation was committed by a member of the Planning & Zoning Commission, Zoning Board of Adjustment, Board of Ethics, Public Utilities Board, Historic Landmark Commission, or a Department Head, and it: (A) was serious and was committed knowingly, intentionally, or in disregard of this Article or a state conflict of interest law; or (B) was minor but similar to a previous violation by the Person, and was committed knowingly, intentionally or in disregard of this Article. The final authority to impose a suspension rests with the City Council. (5) Ineligibility. If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year. Notice of all sanctions imposed by the Board of Ethics shall be transmitted to the Accused, Complainant, City Auditor, City Attorney, and City Council. (c) Frivolous. (1) Prohibition. It is a violation of this Article for a Person to submit a Frivolous Complaint. (2) Super-Majority Vote. If the Board of Ethics determines at the conclusion of a hearing by a vote of two-thirds (2/3) of its Members that a Complaint was Frivolous, the Board may impose a sanction as provided by Section 2-282(b). (3) Factors. In making a determination on frivolity, the Board of Ethics shall consider the following factors: (A) the timing of the sworn Complaint with respect to when the facts supporting the alleged violation became known or should have become known to the Complainant, and with respect to the date of any pending election in which the Accused is a Candidate or is involved with a candidacy, if any; (B) the nature and type of any publicity surrounding the filing of the sworn Complaint, and the degree of participation by the Complainant in publicizing the fact that a Complaint was filed; (C) the existence and nature of any relationship between the Accused and the Complainant before the Complaint was filed; (D) if the Accused is a Candidate for Election to Office, the existence and nature of any relationship between the Complainant and any Candidate or group opposing the Accused; (E) any evidence that the Complainant knew or reasonably should have known that the allegations in the Complaint were groundless; and (F) any evidence of the Complainant's motives in filing the Complaint. (4) External Remedies. Complainants who submit Frivolous Complaints are hereby notified that their actions may subject them to criminal prosecution for perjury (criminal prosecution), or civil liability for the torts of defamation or abuse of process. Sec. 2-283. Reconsideration The Complainant or Accused may request the Board of Ethics to reconsider its decision. The request must be filed with the City Auditor within five (5) business days of receiving the final opinion of the Board of Ethics. The request for reconsideration shall be sent to the Chairperson of the Board of Ethics and the non-filing party (Complainant or Accused). If the Chairperson finds, in the determination, the Chairperson shall schedule a hearing on the request for reconsideration to occur within thirty (30) business days after filing with the City Auditor. Absent new evidence, the Chairperson shall unilaterally dismiss the request for reconsideration and provide notice to the Parties. Sec. 2-284. Nepotism (a) City Council. No Person shall be employed by the City who is related to any member of rd the City Council within the third (3) degree of affinity or consanguinity. (b) Department Supervisor. No Person shall be employed by the City in a department if the rd Person is related to the City Manager or the department supervisor within the third (3) degree of affinity or consanguinity. (c) Preexisting Employment. The prohibitions of this Section do not apply to a Person who was employed by the City more than six (6) months prior. Sec. 2-285. General Procedural Matters (a) Deadlines. Any deadline provided in this Article shall be construed as expiring at 5:00 p.m. local time on the last day. (b) Mailbox Rule. Under this Article, a deadline for any response or request for appeal is met when the date the response or request for appeal is mailed falls within the timeline requirements of this Article. The posted date of any mailing will control whether it meets the timeline requirements of this Article. Sec. 2-286. Lobbyists \[reserved\] Report Charter Review Committee Final Report May 17, 2017 BACKGROUND OnSeptember 27, 2016, the City Council discussed potential revisions to the Denton City Charter at a Council Work Session. Council identified seven areas for possible revision and called for the establishment of a Charter Review Committee. As such, staff prepared a resolution to form a Charter Review Committee which was approved bythe City Council on October 11, 2016 (Exhibit 1). The resolution created a 21-person member Committee, allowed for the creation of subcommittees, and charged the Committee with evaluating seven potential changes to the Charter as follows: 1.Should the composition of the Council changeto 6 single-member council districts and 1 at-large mayoral district? (Sec. 2.01) 2.Should the current 3 consecutive two-year term limitationsbe changed? (Sec. 2.01) 3.Should the current one-year district residency eligibility requirementbe amended? (Sec. 2.02) 4.Should the percentage signature requirement for recallpetitions be increased? (Sec. 4.13) 5.Should the appointment, duties, and responsibilities of the city auditorbe clarified? (Sec. 6.04) 6.Should the current conflict of interest and nepotism provisions be replaced with alternative ethics provisions? (Secs. 14.04 and 14.05) 7.Should a salary or stipendbe established for council members? COMMITTEE WORK The Committee held its first organizational meeting on December 14, 2016. Over the last few months, the Committee has held 8 meetings and formed 3 subcommittees (Stipend, Recall, and Ethics), which held a total of 10 subcommittee meetings. The attached presentation (Exhibit 2) outlines the general meeting topics of each of the 8 Committee meetings and the three subcommittees. The presentation outlines the question to be answered for each charge, the issues identified by s after thoughtful discussion and deliberation on each of the charges.All of the agendas, minutes, and meeting materials for the www.cityofdenton.com) under the Government tab and clicking on the Charter Review Committee. Much time and effort was dedicated by members of the Committee into forming these recommendations to the City Council. Based on the recommendations, the Committee is proposing amendments to the Charter as shown in Exhibit 3for Charges 3, 4, 5, 6, and 7. EXHIBITS Exhibit 1 Resolution Exhibit 2 Presentation Exhibit 3 Proposed Charter amendments pg. 1 Report Respectfully submitted: Joe Mulroy Chair of the Charter Review Committee Charter Review Committee Members: Dr. Jim Alexander, Dr. Bob Bland, Billy Cheek, Erin Clegg, Kyle Eaton, Sheryl English, Phil Gallivan, Monica Glenn, Herbert Holl, Colette Johnson, Ron Johnson, Dr. Patrice Lyke, Stu Morrhead, Annetta Ramsay, Marty Rivers, Prudence Sanchez, Steve Sullivan, Michael Upshaw, Jorge Urbina, David Zoltner. pg. 2 Exhibit 1 pg. 3 Exhibit 1 pg. 4 Exhibit 1 pg. 5 Exhibit 2 Findings and Recommendations May 17, 2017 September 27, 2016 ÏCity Council held a work session discussion regarding potential revisions to the Denton City Charter Council identified seven areas for possible revision Council also called for the establishment of a Charter Review Committee October 11, 2016 ÏCouncil approved a resolution forming a Charter Review Committee Created a 21 person member committee Allowed for the Committee to create subcommittees Charge of the Committee was to evaluate seven potential changes to the Charter and to provide recommendations City Attorney to draft all revisions as recommended Ћ pg. 6 Exhibit 2 #SubjectCharge 1Districts Should the composition of the Councilchange to6 single-member council districts and 1 at-large mayoral district?(Sec. 2.01) 2Terms Shouldthe current 3 consecutive two-year termlimitations be changed? (Sec. 2.01) 3DistrictResidency Shouldthe current one-year district residency eligibility requirement be amended? (Sec. 2.02) 4RecallPercentage Shouldthe percentage signature requirement for recall petitions be increased? (Sec. 4.13) 5City Auditor Should the appointment,duties, and responsibilities of thecity auditor be clarified? (Sec. 6.04) 6Ethics Should the current conflict of interest and nepotism provisions be replaced with alternative ethics provisions? (Secs. 14.04 and 14.05) 7Stipend Should a salary or stipend be establishedfor council members? Ќ Chair: Joe Mulroy Members: Dr. Jim Alexander, Dr. Bob Bland, Billy Cheek, Erin Clegg, Kyle Eaton, Sheryl English, Phil Gallivan, Monica Glenn, Herbert Holl, Colette Johnson, Ron Johnson, Dr. Patrice Lyke, Stu Morrhead, Annetta Ramsay, Marty Rivers, Prudence Sanchez, Steve Sullivan, Michael Upshaw, Jorge Urbina, David Zoltner. Agendas, Minutes, and Meeting Materials: www.cityofdenton.com(Under Government tab, Charter Review Committee) Final Report: The final report and detailed language proposals for Charter revisions are included as a separate exhibit. Ѝ pg. 7 Exhibit 2 Meeting DateGeneralMeeting Topics December 14, 2016 Organizational Meeting January 18,2017 Reviewed prior Charter amendments Begandiscussions on charges February1, 2017 Continued discussions on charges February 15, 2017 Formedtwo subcommittees on Stipends and Recalls Continued discussions on charges March 1, 2017 Received an ethics presentation from Alan Bojorquezof the Texas Center for Municipal Ethics March 15,2017 Formeda third subcommittee on Ethics Continued discussions on charges April 19, 2017 Reviewed 3 subcommittee recommendations May 17, 2017 Reviewed and voted on final Committee recommendations Ў SubcommitteeCo-ChairsMembersMeetings Stipend Sheryl EnglishSteve SullivanFormedon February 15 Bob BlandAnnettaRamsayHeld meetings Kyle Eaton Stu Moorhead Monica Glenn Recall Mike UpshawErin CleggFormed on March 15 Jorge UrbinaDavid ZoltnerHeld 3 meetings Billy Cheek Ron Johnson Collette Johnson Ethics JimAlexanderPhil GallivanFormed on March 15 Patrice LykeHerbert HollHeld meetings Joe Mulroy MartyRivers Prudence Sanchez Џ pg. 8 Exhibit 2 The Charter was adopted in 1959; it has only been amended 5 times. Below are a few items of significance: o 1976 ÏIdentification of council places o 1979 ÏIncreased the number of council persons from 5 to 7; added that the mayor would be elected directly by the voters; and established that places one, two, three, and four shall be residents of a geographically defined district o 1999 ÏClean up of the charter to conform to Texas law and add gender neutral language o 2006 ÏInclusion of a reference to the City Auditor; clarification on who sets salaries; and deleted the requirement that the city manager, mayor, and director of Planning be ex- officio members of the Planning and Zoning o 2009 ÏClarified that council members may serve three full consecutive 2-year terms in a place, after which council members may be elected to another place on the council, but no longer than 12 consecutive years; clarified residency requirements for council members; and established that a vacancy in the office of mayor during an unexpired term will be filled by a special election, not the mayor pro tem А Question: Should the composition of the Council change to 6 single-member council districts and 1 at-large mayoral district? Issues Identified: Committee reviewed council compositions of other cities and average number of residents per council member Committee discussed increasing from 7 to 9 representatives, but decided not to proceed further or to request an amended charge Committee determined the current council composition of 4 single-member council districts, 2 at-large council members, and 1 at-large mayoral district should remain With the present composition, every citizen gets to vote for 4 out of 7 council member positions Committee Recommendation: Unanimous recommendation by committee to make no revisions Б pg. 9 Exhibit 2 Question: Should the current 3 consecutive two-year term limitations be changed? Issues Identified: Discussed if current term limits should be maintained or if it should be changed to 2 consecutive three-year terms Committee acknowledged the pros and cons of two-or three-year terms and the points that were covered by the previous Charter committee in 2009 Determined that the topic had been thoroughly discussed and considered previously Two-year terms were deemed to provide accountability for elected officials Committee Recommendation: Unanimous recommendation by committee to make no revisions В Question: Should the current one-year district residency eligibility requirement be amended? Issues Identified: Clarify that a person running for office must have resided within the corporate limits of Denton andwithin the district or at-large place in which elected for at least one year preceding his or her election Change ÑresidedÒ to ÑdomiciledÒ Ïdefined as principal place of establishment to address concerns of multiple addresses or residences Committee Recommendation: Unanimous recommendation by committee for proposed revision ЊЉ pg. 10 Exhibit 2 Question: Should the percentage signature requirement for recall petitions be increased? Issues Identified: Recognized community concerns regarding the number of signatures required to obtain a recall in single-member council seats who are unopposed in their elections Reviewed recall standards of other communities; comparable communities were closer to 35% Reviewed voter turnouts, voter registrations, and weighed using another method Found that the last recall petition and election was anomaly Recognized the considerable cost of recall elections; however, signatures required should not be unduly burdensome to voters Committee Recommendation: Increase the signature requirement for a recall petition from 25% of votes cast for that seat to 35% Unanimous recommendation by committee for proposed revision ЊЊ Question: Should the appointment, duties, and responsibilities of the city auditor be clarified? Issues Identified: Ambiguity in current Charter language if the position is mandatory; Committee determined it was a mandatory appointed position Clarify city auditorÔs main duties and responsibilities in the Charter Desire for the Council to maintain some flexibility to fulfill this role Clarify that the city auditor is independent of the city manager and their staff Committee Recommendation: Unanimous recommendation by committee for proposed revision ЊЋ pg. 11 Exhibit 2 Question: Should the current conflict of interest and nepotism provisions be replaced with alternative ethics provisions? Issues Identified: Under the current Charter, City Council could adopt an Ethics Ordinance However, provisions adopted in an Ethics Ordinance could conflict with the two current Charter ethics provisions if different: o Personal Interest-Any officer or employe with a substantial interest in a business or real property, as defined by chapter 171, shall comply with the chapter and shall abstain from voting on such matter. o Nepotism-No person shall be appointed to an office or be employed by the City of Denton who is related to any member of the council within the second degree of affinity or the third degree of consanguinity, and this shall apply to heads of departments in their respective departments. ЊЌ Committee Recommendation: Charter Language -Recommended adopting Charter language that City Council shall adopt an ethics ordinance that addresses 4 ethics components at a minimum Ethics Ordinance -In addition to recommended Charter language, the committee recommended several issues to be addressed at a minimum by Council in an ethics ordinance. Unanimous vote for approval on May 17 ЊЍ pg. 12 Exhibit 2 The City Council shall adopt an ethics ordinance. At the minimum, the ethics ordinance shall incorporate the conflict of interest standards that appear in chapter 171 of the Texas Local Government Code and all state law as presently exist or may be hereafter amended or adopted. The Council may adopt more stringent standards than those that appear in state law, but the ethics ordinance shall at a minimum include the following components: (1)Definition of a prohibited improper economic interest and personal gain; (2)Definition of recusal and improper participation when a potential conflict of interest is present; (3)Avoidance of appearance of conflict of interest; and (4)Administration and enforcement of ethics ordinance coupled with strong and meaningful remedies for infraction. ЊЎ Elected and appointed officials shall recuse themselves from any discussion or agenda item wherein a conflict or appearance of conflict of interest may exist. Recusal shall mean not only NOT VOTING but also not participating in discussions, deliberations, or lobbying regarding the matter or closely related matters, either in the public forums or otherwise. Conflict shall be at a minimum as defined in the state law and more stringent in that percentage of ownership shall not be greater than 2 % or $ 500, whichever is less, nor income derived be greater than $ 1,000 for either prior or current year. Conflict criteria shall apply to officials and appointees who have fiduciary relationships with parties with pecuniary interest in such matters. Elected and appointed officials shall comply with all applicable laws of the State of Texas, including but not limited to Local Government Code Chapter 145, Local Government Code Chapter 171, Local Government Code Chapter 176, Penal Code, Sections 36.02, 36.03, and 36.04. Ethics complaints shall be heard by a three-person panel with mediation and arbitration experience. Council shall select and determine remuneration for a panel pool of not less than seven so that a rotating sequence may be established. A mandatory Ethics training regimen shall be adopted and enforced for all elected and appointed public officials. The regimen shall address both introductory and ongoing training with a minimum of quarterly continuing education for Ethics. Consideration shall be undertaken to include all city employees under the Ethics Ordinance to promote employee ethics education, compliance and ongoing training. Care should be exercised to fully interface existing policies and procedures to avoid management conflicts. ЊЏ pg. 13 Exhibit 2 Question: Should a salary or stipend be established for council members? Issues Identified: Committee determined a stipend was appropriate; the Subcommittee was tasked with determining a proper amount Stipend would help promote a more diversified city council Reviewed other city council stipend amounts, reviewed poverty levels, and considered that it should be an amount in recognition for the time and effort spent Committee Recommendation: $750/month for Council Member and $1,000/month for Mayor; Council can vote to increase a maximum of 3% annually Unanimous vote for approval on April 19 ЊА pg. 14 Exhibit 3 Charge #3 - One-Year District Eligibility Requirement Amend the following section: Sec. 2.02. -Qualifications. (a)Each member of the council, in addition to having the other qualifications prescribed by law: (1)Shall be registered to vote in the city; (2)Shall have resideddomiciledfor at least one year next preceding his or her election within the corporate limits of Denton and, if running within a single member geographic district, or at large place five (5) requiring residencya domicilein district one (1) or two (2), or at large place six (6) requiring residencya domicile in district three (3) or four (4), as set forth in Section 2.01,for at least one year preceding his or her election in the district in which elected; further, shall continuously reside be domiciled within the corporate limits of Denton and, if elected within a single member geographic district, or at large place five (5) requiring residency a domicile in district one (1) or two (2), or at large place six (6) requiring residency a domicile in district three (3) or four (4), in the district in which elected throughout his or her term of office. (3)Shall not hold any other public office of emolument; (4)Shall have and maintain the eligibility requirements for municipal officers set forth in Section 141.001 of the Texas Election Code, Vernon's Texas Civil Statutes Annotated hereinafter referred to as "Election Code" as it may now read or hereafter be amended. (b)If a member of the council shall, after being elected, cease to possess any of these qualifications or eligibility requirements, or shall hold another office of emolument, or enter a plea of guilty to a felony, or be convicted of a felony he or she shall immediately forfeit his or her office. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80; Ord. No. 99-057, Amend. No. 5, 2-16-99, ratified 5-1-99; Ord. No. 2009-199, Amend. No. 2, 9-1-09, ratified 11-3-09) pg. 15 Exhibit 3 Charge #4 Recall Percentage Amend the following section: Sec. 4.13. - Filing and certification of petitions, recall election. (a) All papers comprising a recall petition shall be assembled and filed with the city secretary as one instrument. Within seven (7) days after a petition is filed, the city secretary shall determine whether each paper bears the names of five (5) electors who constitute a committee of the petitioners, and the required affidavit of the circulator thereof, and whether the petition is signed by qualified voters of the constituency of the councilmember whose removal is sought equal in number to at least twenty-five (25) thirty-five (35) percent of the number of the votes cast for that councilmember and all of his opponents in the last preceding general municipal election in which he was a candidate. As used herein "constituency" shall mean the qualified voters eligible to vote for the councilmember whose removal is sought, either by geographical district or at large, as the case may be. (b) If the city secretary finds the petition insufficient he shall return it to the committee of the petitioners, without prejudice, however, to the filing of a new petition based upon new and different grounds, but not upon the same grounds. If the city secretary finds the petition sufficient and in compliance with the provisions of this Article of the Charter he shall submit the petition and his certificate of its sufficiency to the council at its next regular meeting and immediately notify the councilman whose removal is sought of such action. (c) If the councilman whose removal is sought does not resign within seven (7) days after such notice the city council shall thereupon order and fix a date for holding a recall election not less than thirty (30) nor more than sixty (60) days after the petition has been presented to the council. If no general election is to be held within this time the council shall provide for a special election. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80) pg. 16 Exhibit 3 Charge #5 - City Auditor Amend the following section: Sec. 6.04. -CityInternal aAuditor. The city auditor shall be appointed by the council and shall serve at the pleasure of the council, and shall perform such auditing duties as may be assigned from time to time by the council, or by the city manager at the direction of the council. The City Internal Auditor shall be appointed by the City Council, shall serve at the pleasure of the City Council, and shall perform such auditing duties herein described or as may be assigned by the Council. The position of the City Internal Auditor is to be held on a continuous, fulltime basis. On an interim basis, the City Council may engage external independent auditing resources to accomplish the Internal Audit function. The City Internal Auditor is responsible for providing (a) an independent appraisal of City operations to ensure policies and procedures are in place and complied with, inclusive of purchasing and contracting; (b) information that is accurate and reliable; (c) that assets are properly recorded and safeguarded; (d) that risks are identified and minimized; and (e) that resources are used economically and efficiently, and that The City Internal Auditor is responsible for directing all internal audit functions for the City of Denton to eliminate waste, fraud, and abuse. pg. 17 Exhibit 3 Charge #6 Ethics Charter Changes Delete the following sections: Sec. 14.04. - Personal interest. Any officer or employee of the city having a substantial interest in a business entity or real property, as those terms are defined in chapter 171 of the Texas Local Government Code as it now reads or may hereafter be amended, shall comply with Chapter 171 and, if necessary, shall abstain from voting on a matter involving the business entity or real property and file an affidavit setting forth the substantial interest in the matter to be voted upon. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80; Ord. No. 99-057, Amend. No. 25, 2-16-99, ratified 5-1-99) Sec. 14.05. - Nepotism. No person shall be appointed to an office or be employed by the City of Denton who is related to any member of the council within the second degree of affinity or the third degree of consanguinity, and this shall apply to heads of departments in their respective departments. This does not apply to a person who was appointed or employed by the city prior to the election or appointment of the council member. (Ord. No. 2006-232, Amend. No. 23, 8-28-06, ratified 11-7-06) Add the following section: The City Council shall adopt an ethics ordinance. At the minimum, the ethics ordinance shall incorporate the conflict of interest standards that appear in chapter 171 of the Texas Local Government Code and all state law as presently exist or may be hereafter amended or adopted. The Council may adopt more stringent standards than those that appear in state law, but the ethics ordinance shall at a minimum include the following components: (1) Definition of a prohibited improper economic interest and personal gain; (2) Definition of recusal and improper participation when a potential conflict of interest is present; (3) Avoidance of appearance of conflict of interest; and (4) Administration and enforcement of ethics ordinance coupled with strong and meaningful remedies for infraction. pg. 18 Exhibit 3 Charge #6 Ethics Ordinance Recommendations It is recommended the Ethics Ordinance address the following issues at a minimum: Elected and appointed officials shall recuse themselves from any discussion or agenda item wherein a conflict or appearance of conflict of interest may exist. Recusal shall mean not only NOT VOTING but also not participating in discussions, deliberations, or lobbying regarding the matter or closely related matters, either in the public forums or otherwise. Conflict shall be at a minimum as defined in the state law and more stringent in that percentage of ownership shall not be greater than 2 % or $ 500, whichever is less, nor income derived be greater than $ 1,000 for either prior or current year. Conflict criteria shall apply to officials and appointees who have fiduciary relationships with parties with pecuniary interest in such matters. Elected and appointed officials shall comply with all applicable laws of the State of Texas, including but not limited to Local Government Code Chapter 145, Local Government Code Chapter 171, Local Government Code Chapter 176, Penal Code, Sections 36.02, 36.03, and 36.04. Ethics complaints shall be heard by a three-person panel with mediation and arbitration experience. Council shall select and determine remuneration for a panel pool of not less than seven so that a rotating sequence may be established. A mandatory Ethics training regimen shall be adopted and enforced for all elected and appointed public officials. The regimen shall address both introductory and ongoing training with a minimum of quarterly continuing education for Ethics. Consideration shall be undertaken to include all city employees under the Ethics Ordinance to promote employee ethics education, compliance and ongoing training. Care should be exercised to fully interface existing policies and procedures to avoid management conflicts. pg. 19 Exhibit 3 Charge #7 - Stipend Add the following section: Each member of the City Council shall receive compensation in the form of a monthly stipend as set forth in this section. The initial monthly stipend shall be Seven Hundred Fifty Dollars ($750) for each member of City Council elected from a district or at large position, and One Thousand Dollars ($1,000) for the Mayor elected at large. These initial amounts shall become effective on ratification of this charter provision. City Council may, by a separate ordinance, approve an adjustment in the stipend no more frequently than once per fiscal year, but no increase in such compensation shall take effect until commencement of the terms of the Mayor and/or Council Members elected at the next regular election. Any increase in the stipend approved by ordinance shall not exceed three (3) percent per adjustment of the current stipend amount. Any increase greater than 3 percent shall require a two-thirds (2/3) vote of approval by the Council. The stipend shall be reported in the annual city budget as a separate line item. pg. 20 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-534,Version:1 AGENDA CAPTION ConsiderapprovalofaresolutionoftheCityCounciloftheCityofDenton,Texas,appointingaPrimary MemberandAlternateMemberastheofficialvotingrepresentativestotheNorthCentralTexasCouncilof Governments’RegionalTransportationCouncil;andprovidinganeffectivedate.TheMobilityCommittee recommends approval (2-0). City of DentonPage 1 of 1Printed on 4/20/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT:Transportation CM/DCM/ACM:Mario Canizares DATE:April 24, 2018 SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing a Primary Member and Alternate Member as the official voting representatives to the North Central Texas Council of Governments’ Regional Transportation Council; and providing an effective date. The Mobility Committee recommends approval (2-0). BACKGROUND In 2014, the North Central Texas Council of Governments (NCTCOG) Regional Transportation Council (RTC)approved a revision to its Bylaws and Operating Procedures to reflect changes in membership based on the NCTCOG’s most recent population and employment figures. The revision included a provision to cluster the City of Denton with several Denton County municipalities with populations greater than 5,000 to meet an optimal population threshold of 208,000 per each RTC seat. The Cities of Denton, Corinth, Lake Dallas, and Sangerhave been grouped in the “Dentoncluster.” The 2008 RTC Bylaws allowsfor each seat on the RTC to have aPrimary Memberand an Alternate Member. The Alternate Member enjoys voting authority and may represent the entity or cluster cities,should the Primary Member not be able to attend a particular meeting. Since the City of Denton maintains metropolitan planning organization status duetothe population threshold established in the 1990 Census, the City of Denton has primacy of appointing representatives to the RTC. Mayor Pro Tem Bagheri was appointed by the City Council on December 6, 2016, Resolution 2016-42,to represent Denton and the aforementioned cluster cities as the Primary Member. On June 6, 2017, the Denton City Council appointed Council Member John Ryan to serve as the RTC Alternate. Mayor Pro Tem Bagheri recentlynotified staffthather near-term schedule constraintsand the election cycle would prohibit attendance to monthly RTC meetingsafter April 2018.Mayor Pro Tem Bagheri requested that staff initiate the process to replace her with Council Member Ryan as the Primary RTC Memberfor the City of Denton. Council MemberRyan has attended multiple RTC meetings since hisappointment as Alternate,including the February, March and April 2018 meetings. As part of the consideration of this issue by the Mobility Committeeon April 18, 2018, Mayor Pro Tem Bagheri stated that Council Member Briggs, currently servingon the Denton Council Mobility Committee, expressed an interest in serving as the RTC Alternate. Council may also wish to consider an elected official from one of the cluster cities to serve as the Alternateas outlined in the attached letter from RTC staff (Exhibit 2). OPIONS 1.Appoint Council Member Ryan as the Primary Member representing Dentonon RTC and nominate an Alternatefor Council considerationat this time. 2.AppointCouncil Member Ryan as the Primary Member representing Dentonon the RTC and postpone appointment of an Alternateat this time. 3.Take no action at this time. Council Member Ryan may continue to represent Denton as the Alternate. RECOMMENDATION The Mobility recommended Option 1, Appoint Council Member Ryan as the Primary Member representing Denton on the RTCand nominatean Alternatefor Council consideration. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council appointed Mayor Pro Tem Bagherias Primary Representative on RTC –December 6, 2016. City Council appointed Council Member Ryan as the Alternate Member on RTC –June 6, 2017. City Council Mobility Committee recommended Option 1 –April 18, 2018. STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence Related Goal:1.6 Collaborate with local, regional, state, and federal partners EXHIBITS 1.Agenda Information Sheet 2.RTC Notification of RTC Appointments dated April 3, 2018 3.Resolution 2016-042appointing May Pro Tem Bagheri as Primary RTC Representative 4.Certificate of City SecretarydatedJune 7, 2018 appointing Council Member Ryan as Alternate 5.Resolution 6.Presentation Respectfully submitted: Mark Nelson Transportation Director City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-654,Version:1 AGENDA CAPTION Consider approval of a resolution of the City Council of the City of Denton, Texas requesting the Denton County Transportation Authority establish a minimum $250,000 annual investment in passenger amenities for the City of Denton service area; and providing an effective date. The Mobility Committee recommends approval (2-0). City of DentonPage 1 of 1Printed on 4/20/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT:Transportation CM/DCM/ACM:Mario Canizares DATE:April 24, 2018 SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas requesting the Denton County Transportation Authority establish a minimum $250,000 annual investment in passenger amenities for the City of Denton service area; and providing an effective date. The Mobility Committee recommends approval (2-0). BACKGROUND As part of the April 10, 2018, Denton City Council Work Session, Denton County Transportation Authority (DCTA) President Jim Cline provided a briefing to addressCity of Denton goals and objectives for the Authority and responded to information requests regarding various operating issues, financials and performance measures. One issue of interest to City Council was the level of investment in passenger amenities for the City of Denton service area. At the conclusion of the Work Session item, Council requested that staff bring forward an agenda item requesting DCTA to dedicate annualfunding intheir budget to establish a more robust passenger amenities program to enhance the ridership experience for DCTA patrons. FINANCIAL: Council suggested a percentage of the total sales tax and operating revenue generated in the City of Denton service area. DCTA’s presentation demonstrated approximately $12.4 M in sales tax generated in the City of Denton was dedicated to DCTA in Fiscal Year2017 and the University of North Texas contract service for Fiscal Year 2017 generated approximately $3.2 millionin revenue. OPIONS: 1.Approve a resolution requesting DCTA establish a minimum $250,000 annual investment in passenger amenities for the City of Denton service area. 2.Provide staff with additional direction on funding levels forthe proposed DCTA passenger amenities plan inthe City of Denton. 3.Take no action at this time. RECOMMENDATION: The Mobility Committee recommended Option 1, approval of a resolution requesting DCTA establish a minimum $250,000 annual investment in passenger amenities for the Cityof Denton Service Area. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Council requested DCTA to establish annual funding to support a passenger amenities program for the City of Denton DCTA service areaon April 10, 2018. City Council Mobility Committee recommended Option 1 on April 18, 2018. STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal:1.6 Collaborate with local, regional, state, and federal partners EXHIBITS 1.Agenda Information Sheet 2.Resolution 3.PowerPoint Presentation Respectfully submitted: Mark Nelson Transportation Director City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-674,Version:1 AGENDA CAPTION Consider approval of a resolution of the City of Denton evidencing support for the Denton Community Market and its grant application for funding from FY2018 Farmers Market Promotion Program of the Agricultural Marketing service, United States Department of Agriculture, and providing support and in kind services in an amount not to exceed $10,000 and providing for an effective date. City of DentonPage 1 of 1Printed on 4/20/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT:Environmental Services & Sustainability CM/DCM/ACM:Mario Canizares DATE:April 24, 2018 SUBJECT Consider approval of a resolution of the City of Denton evidencing support for the Denton Community Market and its grant application for funding from FY2018 Farmers Market Promotion Program of the Agricultural Marketing service, United States Department ofAgriculture, and providing support and in kind services in an amount not to exceed $10,000 and providing for an effective date. BACKGROUND Denton Community Market (DCM) has made a request for a Resolution of Support to accompany a grant application that will be submitted to the United States Department of Agriculture (USDA) Farmers Market Promotion Program (FMPP). The grant period is for a period of three years. The Market proposes holding cooking demonstration classes both in City facilities and atthe Market. Sustainability staff believes partnering with the Market on these demonstrations will expand the ability to offer classes in multiple locations at varying times and is beneficial to both parties and to the community. In advance of the submittal, the DCM is requesting staff support to review the application draft and develop a partnership plan for Community Outreach Fair and Farm Tours. Should the grant be awarded, staff time will be minimal to support the market efforts and will be mutually beneficial to both City programs and the DCM. The staff work effort to support the grant is as follows: City staff will provide assistance for grant writing/review and implementation to the Denton Community Market City staff will assist with community outreach for the programs covered under the grant City staff will facilitate the use of appropriate rooms/spaces for a maximum of six outreach events on an annual basis. Staff will partner with DCM to facilitate two Healthy and Sustainable Living Fairs annually. Sustainability will sponsoraco-branded cooking demonstrations at both market and city locations. There will be a minimum of six classes annually. The City would provide printing services. The overall proposal includes staff and other supporttotaling $9,000 over the three year period of the grant(attachment 3). Staff has listed support as not to exceed $10,000 to allow for any increased in costs for room rental, printing and staff time. STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Sustainable & Environmental Stewardship Related Goal:1.6 Collaborate with local, regional, state, and federal partners EXHIBITS 1. Agenda Information Sheet 2. Denton Community Market Request 3. Cost Breakdown 4. Resolution 5. Presentation Respectfully submitted: Katherine Barnett, 349-8202 Sust & Customer Initvs Manager April 17, 2018 Re: Request for City Council Resolution of Support for the Denton Community Market submission of a grant application to the United States Department of Agriculture, Farmers Market Promotion Program, and a request for staff assistance, services and fee waivers not to exceed $10,000 over the 3- year grant period. Grant number: USDA-AMS-TM-FMPP-G-18-0002 Dear Mr. Hileman, Thank you for meeting with me to discuss the Denton Community Market (DCM), and considering our request for support for the USDA grant opportunity. I appreciate the opportunity to share the successes of the Market and our plans for the future. We look forward to continuing our partnership with the City of Denton. The Market has worked closely with the City for funding and the Sustainability Department for support to achieve mutually beneficial goals for the community. We hope that support can continue as the DCM Market Promotion Program (FMPP) due May 7, 2018. The Market is asking that the City join the application as a Collaborator and provide a letter of commitment to attach to our application. The support provided by the City as a Collaborator would be limited to grant program support (staff assistance, fee waivers, and printing) not to exceed $10,000 should the grant be awarded. Areas of support would include access to outreach opportunities in collaboration with Sustainability events, or shared space for community events. Cross promotion and collaboration on new events that meet the goals of the Market and Sustainability, community engagement efforts, cooking demonstrations, recipe sharing, gardening demonstrations, etc. Assistance with appropriate spaces for workshops and classes, including co-sponsorship of Healthy and Sustainable Living Fair to be held two times per year to highlight City of Denton programs and Market programs that benefit the community. The letter needs to include a statement of the Citys commitment to providing critical infrastructure of meeting rooms and kitchen facilities at the MLK Recreation Center and Denia Recreation Center needed for the grant activities. The grant application will focus on expanding programs started under a 2014 FMPP grant awarded to the City of Denton that benefitted DCM and expanded local food options available to the community, such as Harvest Day, SNAP benefits and Farmer education series. Programs to be promoted and expanded include: SNAP outreach, WIC voucher outreach, healthy food education, community engagement and outreach, support for local farmers, and further promotion of the market throughout the DFW area. We appreciate your consideration of our request. Sincerely, Vicki Oppenheim Executive Director Denton Community Market 940-367-8029 planner@dentonmarket.org • • � • l � • • 1� � • • •