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HomeMy WebLinkAbout2021-08-12 Agenda and BackupCit of Denton City Hall Y 215 E. McKinney St. Denton, Texas 76201 - www.cityofdenton.com DENTON Meeting Agenda City Council Thursday, August 12, 2021 4:00 PM Council Chambers EMERGENCY MEETING Pursuant to the provisions of Chapter 551, V.T.C.A., Government Code, notice is hereby given of an Emergency Meeting of the Mayor and City Council of the City of Denton, Texas to be held in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas on Thursday, August 12, 2021, at 4:00 p.m. This meeting will be considered on an emergency basis under the requirements of Section 551.045 of the Texas Open Meetings Act on the grounds that an emergency and urgent public necessity exists as set forth in Governor Abbott's July 30, 2021 Declaration of Disaster, and Mayor Hudspeth's June 22, 2021 Declaration of Emergency for Denton, considering the recent dramatic increase in positive COVID-19 cases in Denton County. REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL Citizens are able to participate in one of the following ways (NOTE: Other than public hearings, citizens are only able to comment one time per agenda item; citizens cannot use both methods to comment on a single agenda item. Public comments are not held for work session reports.): • Virtual White Card — On August 12, the agenda was posted online at www.cityofdenton.com/publicmeetings. Once the agenda is posted, a link to the Virtual White Card, an online form, will be made available under the main heading on the webpage. Within this form, citizens may indicate support or opposition and submit a brief comment about a specific agenda item. Comments may be submitted up until the start of the meeting, at which time, the Virtual White Card form will be closed. Similar to when a citizen submits a white card to indicate their position on the item, these comment forms will be sent directly to City Council members and recorded by the City Secretary. City Council Members review comments received in advance of the meeting and take that public input into consideration prior to voting on an agenda item. The Mayor will announce the number of Comment Cards submitted in support or opposition to an item during the public comment period. Comments will not be read during the meeting. The City Secretary will reflect the number of comments submitted in favor/opposition to an item, the registrant's name, address, and (summary of) comments within the Minutes of the Meeting, as applicable. OR • By phone — Citizens wishing to speak over the phone during this Council meeting, may call (940) 349-7800 beginning 30 minutes prior to the meeting start time. Comments by phone will be accepted until the item is opened for discussion by the Council. When the call is initially received, a staff member will receive the caller's information and either: 1) offer to call the citizen back when it is time for them to speak, or 2) record the caller's information, support or opposition, and comment. If the caller chooses to record their support or opposition, rather than speaking during the meeting, the Mayor will announce the number of comments submitted in support or opposition to the item. If the caller wishes to receive a call back, the voice of each caller will be broadcast into the meeting during the public commenting time of their desired agenda item. Individuals will be able to comment once per agenda item, no matter the method. Page I Printed on 8/16/2021 1 City Council Meeting Agenda August 12, 2021 • At regular meetings only, citizens can speak on any topic that is not on the agenda (Open Microphone). Alert the call taker if you wish to speak under the Open Microphone category. If you would like to give a public report, see the information below. After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in an Emergency Closed Meeting to consider the item listed below on Thursday, August 12, 2021, at 4:00 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas, consistent Chapter 551 of the Texas Government Code, or as otherwise allowed by law. 1. Closed Meeting: A. ID 21-1770 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consultation, discussion, deliberation, and receipt of information from the City's attorneys involving legal issues relating to a disaster declaration and potential related order pertaining to the COVID-19 emergency, and to provide the City's attorneys with direction, where a public discussion of these legal matters would clearly conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the Texas Government Code (the `Public Power Exception'). The City Council reserves the right to adjourn into a Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings Act, including, without limitation Sections 551.071-551.086 of the Texas Open Meetings Act. Following the completion of the Closed Meeting, the City Council will convene in an Emergency Work Session to consider the following item: 1. Work Session Reports A. ID 21-1769 Receive a report, hold a discussion, and give staff direction regarding the local disaster response to Covid-19. Following the completion of the Work Session, the City Council will convene in an Emergency Meeting to consider the following item: 1. ITEM FOR INDIVIDUAL CONSIDERATION A. ID 21-1771 Consider an ordinance of the City of Denton confirming the effective period of the declared state of local disaster related to the COVID-19 emergency as provided in Ordinance No. 21-1290; adopting a Thirteenth Order of Council to provide additional requirements and guidance; providing a repealer clause; and providing an effective date. CERTIFICATE I certify that the above notice of Emergency Meeting held under TOMA Section 551.045 was posted on the bulletin board at the City Hall of the City of Denton, Texas, as well as the City website, and provided to the news media outlets on the 12th day of August, 2021 at 12:00 p.m. Page 2 Printed on 8/16/2021 K City Council Meeting Agenda August 12, 2021 CITY SECRETARY NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED, IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1 -800 -RELAY -TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED. Page 3 Printed on 8/16/2021 3 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 1, &IMMOM www.cityofdenton.com DENTON Legislation Text File #: ID 21-1770, Version: 1 AGENDA CAPTION Consultation with Attorneys - Under Texas Government Code Section 551.071. Consultation, discussion, deliberation, and receipt of information from the City's attorneys involving legal issues relating to a disaster declaration and potential related order pertaining to the COVID-19 emergency, and to provide the City's attorneys with direction, where a public discussion of these legal matters would clearly conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of Denton Page 1 of 1 Printed on 8/12/2021 powered by LegistarTM 4 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON Legislation Text File #: ID 21-1769, Version: 1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the local disaster response to Covid-19. 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O ru • O �`' C:cn Q , �' O � V ru V O L O U U M 4-J - O O -0 ra C: •� U O fa th ca o � cu Lno ru _ E �' F=T Q .� ._ ° - E L -0.— Q 4-J :3o O ._ U L (, ru O ' V u 0 a� CD- ro ra W E c O a� L O O -0 • 0 • 4 F O LL Q Jz 0 1� r) ru V F n ro n [o .V fu (n [u (n Q) ip L O L O -0 un L 0 C- o L V ru n O a -J V E i� O U �z 0 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 1, &IMMOM www.cityofdenton.com DENTON Legislation Text File #: ID 21-1771, Version: 1 AGENDA CAPTION Consider an ordinance of the City of Denton confirming the effective period of the declared state of local disaster related to the COVID-19 emergency as provided in Ordinance No. 21-1290; adopting a Thirteenth Order of Council to provide additional requirements and guidance; providing a repealer clause; and providing an effective date. City of Denton Page 1 of 1 Printed on 8/12/2021 powered by LegistarTM 13 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME—RULE MUNICIPAL CORPORATION, CONFIRMING THE EFFECTIVE PERIOD OF THE DECLARED STATE OF LOCAL DISASTER RELATED TO THE COVID-19 EMERGENCY AS PROVIDED IN ORDINANCE NO. 21-1290; ADOPTING A THIRTEENTH ORDER OF COUNCIL TO PROVIDE ADDITONAL REQUIREMENTS AND GUIDANCE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, beginning in December 2019, a novel coronavirus, now designated SARS- CoV2 which causes the disease COVID-19, has spread throughout the world and has now been declared a global pandemic by the World Health Organization; and WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath, and in some cases the virus has caused death; and WHEREAS, the number of known cases of COVID-19 diagnosed in the State of Texas presents a hazard to public health; and WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its spread throughout the City of Denton and Denton County; and WHEREAS, on March 13, 2020, the Mayor executed a "Declaration of Local Disaster for Public Health Emergency" and an "Order of the Mayor of the City of Denton" pursuant to the Declaration; and WHEREAS, finding it in the best interest of the citizens of Denton, on March 17, 2020, the City Council, through Ordinance No. 20-721, extended the Declaration of Emergency through April 30, 2020 and issued an Order of the Council of the City of Denton including the authorization to expend no more than Five Hundred Fifty Thousand Dollars ($550,000.00) during this period to proceed with the necessary emergency responses and essential functions not already budgeted; and WHEREAS, City of Denton Code of Ordinances Section 9-54(b) provides for penalties for violation of proclamations of emergency and any rule, regulation, or order issued pursuant to such proclamation and Chapter 9 of the City of Denton Code of Ordinances; and WHEREAS, information about COVID-19 continued to evolve and measures were taken to respond to the latest information available; and WHEREAS, following updated information on the spread of COVID-19, the City Council amended the Order of Council on March 20, 2020; and WHEREAS, as COVID-19 continued to spread throughout the City and County of Denton, the Mayor issued a Second Declaration of Local Disaster on March 24, 2020, and an "Order of the Mayor of the City of Denton" pursuant to the Second Declaration, extending measures in an attempt to slow the spread of the disease; and Page 1 of 5 14 WHEREAS, Governor Greg Abbott issued Executive Order GA -14 on March 31, 2020, further limiting public gatherings and defining which "essential services" were to continue during the declared state-wide emergency; and WHEREAS, GA -14 expressly preempted local ordinances, declarations, and orders in conflict with it; and WHEREAS, in compliance and to be consistent with GA -14, the City Council passed a Second Order of Council on April 6, 2020, superseding and replacing the prior orders of Council; and WHEREAS, Governor Abbott issued Executive Order GA -16 on April 17, 2020, superseding GA -14, allowing retail stores to reopen under certain conditions and using certain procedures; and WHEREAS, on April 27, 2020, Governor Abbott issued Executive Order GA -18, further ordering that people minimize social gatherings and in-person contact with people not in the same household except where necessary to obtain essential or reopened services, and still expressly preempting local ordinances, declarations, and orders in conflict with his orders; and WHEREAS, on April 28, 2020, Denton County issued a new Disaster Declaration and Executive Order of the Denton County Commissioners Court, which extended the emergency declaration through May 15, 2020 and incorporated the provisions of GA -18 and the social distancing guidelines promulgated by the Centers for Disease Control; and WHEREAS, on April 30, 2020, the City Council in compliance and to be consistent with the Governor's Executive Orders and the County Orders, extended the effectiveness of the Declaration of Local Disaster until 11:59 p.m. May 31, 2020 and thereafter as any subsequent proclamation renews the Texas Governor's disaster proclamation; and WHEREAS, on May 5, 2020, the City Council in compliance and to be consistent with the Governor's Executive Orders and the County Orders, extended the effectiveness of the Declaration of Local Disaster until 11:59 p.m. May 31, 2020; and WHEREAS, on May 29, 2020, the City Council in compliance with and to be consistent with the Governor's Orders, extended the effectiveness of the Declaration of Local Disaster until 11:59 p.m. June 30,2020; and WHEREAS, on June 3, 2020, Governor Abbott issued Executive Order GA -26, ordering that people should not be in groups larger than ten and should maintain a distance of six feet of social distancing from those not in their group, and still expressly preempting local ordinances, declarations, and orders in conflict with his orders; and WHEREAS, on June 23, 2020, Governor Abbott amended Executive Order GA -26, permitting county judges and mayors to place additional restrictions on outdoor gatherings estimated to consist of 100 people or more; and Page 2 of 5 15 WHEREAS, on June 23, 2020, the City Council in compliance with and to be consistent with the Governor's Orders, extended the effectiveness of the Declaration of Local Disaster until 11:59 p.m. August 31, 2020; and WHEREAS, Governor Abbott indicated that local governments may require businesses to develop Health and Safety policies; and WHEREAS, on June 26, 2020, Governor Abbott issued Executive Order GA -28, ordering that certain businesses return to 50 percent of occupancy limits and prohibiting certain gatherings and visiting bars; and WHEREAS, on July 2, 2020, Governor Abbott issued Executive Order GA -29, ordering face coverings and providing for a penalty for violation of his order and amending Executive Order GA -28 allowing for penalties; and WHEREAS, also on July 2, 2020, Governor Abbott further amended Executive Order GA - 28 to limit gatherings to 10 people; and WHEREAS, on August 25, 2020, the City Council, in compliance with and to be consistent with the Governor's Orders, extended the effectiveness of the Declaration of Local Disaster until 11:59 p.m. September 30, 2020; and WHEREAS, on September 17, 2020, Governor Abbott issued Executive Order GA -30, amending and superseded GA -28; and WHEREAS, also on September 17, 2020, Governor Abbott issued Executive Order GA - 31, amending and superseding GA -19; and WHEREAS, on September 22, 2020, the City Council, in compliance with and to be consistent with the Governor's Orders, extended the effectiveness of the Declaration of Local Disaster until December 31, 2020; and WHEREAS, on October 7, 2020, Governor Abbott issued Executive Order GA -32, superseding GA -30; and WHEREAS, on December 17, 2020, the City Council, in compliance with and to be consistent with the Governor's Orders, extended the effectiveness of the Declaration of Local Disaster until March 31, 2021; and WHEREAS, on March 2, 2021, Governor Abbott issued Executive Order GA -34, superseding GA -17, GA -25, GA -29, GA -31, and GA -32; and WHEREAS, on April 5, 2021, Governor Abbott issued Executive Order GA -35 and on May 18, 2021 Governor Abbott issued GA -36, and on July 29, 2021 Governor Abbott issued GA - 38; and WHEREAS, Governor Abbott has renewed the disaster declaration for the State of Texas every 30 days, most recently on July 30, 2021; and Page 3 of 5 16 WHEREAS, Texas lags behind most states in vaccinations and has among the highest total number of cases of coronavirus transmission in the country; the pandemic is an imminent threat to public safety due to the surge of a more transmissible and more dangerous variant of the virus known as the Delta Variant; and as the Delta Variant surges, Denton faces climbing cases and hospitals are reaching dangerous capacity issues that threaten lives; and schools within Denton started back in class on August 12, 2021, and young children, who are increasingly at risk to the Delta Variant and who are ineligible for any of the vaccines, will be indoors; and WHEREAS, the City Council finds that it is in the best interest of the citizens of the City of Denton to confirm the Declaration of Local Disaster through September 2021 and to adopt a Thirteenth Order of Council to provide additional requirements and guidance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The facts, circumstances, and recitations contained in the preamble of this Ordinance are found and declared to be true and correct, and are incorporated herein by reference as if fully set out herein. SECTION 2. Pursuant to Section 418.108, Texas Government Code, and Section 9-27, City of Denton Code of Ordinances, Council confirms the effective period of Declaration of Local Disaster executed by the Mayor on March 13, 2020 until 11:59 p.m. on September 30, 2021 in the interest of public health and safety in an attempt to prevent the spread of COVID-19, unless further extended, revised, or terminated by law. SECTION 3. The Council hereby adopts the Thirteenth Order of Council, dated August 12, 2021, attached hereto as Exhibit "A." SECTION 4. If any section, article, paragraph, sentence, phrase, clause, or word in this Ordinance, the Thirteenth Order of Council, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance or the Thirteenth Order of Council; the City Council declares that it would have ordained such remaining portion of this Ordinance and the Thirteenth Order of Council despite such invalidity, and such remaining portion of this Ordinance and the Thirteenth Order of Council shall remain in full force and effect. SECTION 5. The City Council confirms and ratifies that the surge in the Delta Variant constitutes an emergency and urgent public necessity and immediate action is required by the City Council because of an imminent threat to public health and safety, and confirms and ratifies that the emergency meeting at which this Ordinance was adopted was properly called in accordance with State law and City Ordinance, and the agenda items posted on the agenda are approved, proper, and authorized to address and respond to the emergency and urgent public necessity. SECTION 6. This Ordinance shall become effective at immediately. Page 4 of 5 17 The motion to approve this Ordinance was made by and seconded by ; the Ordinance was passed and approved by the following vote r - I AAyeNva y Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2021. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY MN APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY Digitally signed by Catherine.thk ri DN:do=commdc= sere and Gro dc=codad, u=Department Users and Groups, ou=General Government, ou=Legal, cn=Catherine Clifton, maildatherine.Clifton@cityotdenton.com B: Date: 2021.08.1221: 1327-05'00' Page 5 of 5 18 CITY aF DENTON EXHIBIT A THIRTEENTH ORDER OF THE COUNCIL OF THE CITY OF DENTON DATE ISSUED: AUGUST 12, 2021 Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted through person to person contact, especially in group settings, and it is essential that the spread of the virus be slowed. As the number of positive cases of COVID-19 continue to present a public health concern in the City of Denton, there is an immediate need to undertake the following measures described in this Order. PURSUANT TO THE PRIOR DECLARATION CONFIRMED BY COUNCIL ON AUGUST 12, 2021 AND THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF ORDINANCES AND SECTION 418.108 OF THE TEXAS GOVERNMENT CODE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDERS: This Order pertaining to a Declaration of Local Disaster for Public Health Emergency shall take effect at 12:01 a.m. on August 13, 2021 and continue through 11:59 p.m. on September 30, 2021. I. Health and Safety Policy — Pre -K Through 12 Public Schools and Child Care Centers. From the date of this Order, all child care centers and Pre -K through 12 Public Schools operating in the City of Denton must develop and implement a health and safety policy ("Health and Safety Policy"). The Health and Safety Policy must require, at a minimum, universal indoor masking for all teachers, staff, students, and visitors to child care centers and pre -K through 12 schools, regardless of vaccination status, except for children under 2 years of age. The Health and Safety Policy required to be developed and implemented by this Order may also include the implementation of other mitigating measures recommended by the CDC to control and reduce the transmission of COVID-19, such as maintaining at least 3 feet of physical distance between students within classrooms. II. Health and Safety Policy — Commercial Entities. From the date of this Order, all commercial entities in the City of Denton providing goods or services directly to the public must develop and implement a health and safety policy ("Health and Safety Policy"). The Health and Safety policy must require, at a minimum, universal indoor masking for all employees and visitors to the commercial entity's business premises or other facilities. The Health and Safety Policy required to be developed and implemented by this Executive Order may also include the implementation of other mitigating measures designed to control and reduce the transmission of COVID-19 such as temperature checks or health screenings. Commercial entities must post the Health and Safety Policy required by this Order in a conspicuous location sufficient to provide notice to employees and visitors of all health and safety requirements. Failure to develop and implement the Health and Safety Policy required by this Order within three (3) calendar days following the Effective Date may result in a fine not to exceed $1,000 for each violation. Any peace officer or other person with lawful authority is hereby authorized to enforce the provisions of this Order in accordance with the authority granted under the Texas Disaster Act of 1975. 19 III. Face Coverings Required — City of Denton Buildings. From the date of this Order, all employees, contractors, and visitors when on the premises of a building or offices owned or operated by the City of Denton are required to wear a face mask, regardless of vaccination status. IV. Face Coverings Strongly Urged — General Public. It is strongly urged that all people 2 years or older wear a face mask when in public indoor space. No civil or criminal penalty will be imposed on individuals for failure to wear a face mask. Please note that face coverings are a secondary strategy to other mitigation efforts. Face coverings are not a replacement for social distancing, frequent handwashing, testing after exposure, vaccination, and for self -isolation when sick. All people should follow CDC recommendations for how to wear and take off a face mask. Residents should keep up the following habits while in public: • washing hands before you leave home and when you return, • staying at least six feet away from others, • avoiding touching nose or face, • not using disposable masks more than three times, and • washing reusable cloth masks regularly to prevent the spread of the virus. IT IS SO ORDERED PURSUANT TO ORDINANCE NO. Mayor Gerard Hudspeth City of Denton Page 2 of 2 20