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HomeMy WebLinkAbout080423 Friday Staff Report City Manager’s Office 215 E. McKinney St., Denton, TX 76201  (940) 349-8307 OUR CORE VALUES Inclusion  Collaboration  Quality Service  Strategic Focus  Fiscal Responsibility MEMORANDUM DATE: August 4, 2023 TO: The Honorable Mayor Hudspeth and Council Members FROM: Sara Hensley, City Manager SUBJECT: Friday Staff Report Upcoming Meetings A. Board of Ethics on Monday, August 7, 2023, at 5:30 p.m. in the City Council Work Session Room. B. Parks, Recreation and Beautification Board on Monday, August 7, 2023, at 6:00 p.m. in the Civic Center Community Room. C. Committee on the Environment on Tuesday, August 8, 2023, at 9:00 a.m. in the City Council Work Session Room. D. Cancelled - Economic Development Partnership Board on Wednesday, August 9, 2023, at 11:00 a.m. at the Development Service Center. E. Airport Advisory Board on Wednesday, August 9, 2023, at 3:00 p.m. in the Airport Terminal Meeting Room. F. Planning and Zoning Commission on Wednesday, August 9, 2023, at 5:00 p.m. in the City Council Work Session Room & Council Chambers. G. Health and Building Standards Commission on Thursday, August 10, 2023, at 2:00 p.m. at the Development Service Center. H. Community Services Advisory Committee on Friday, August 11, 2023, at 12:00 p.m. at the Development Service Center. I. Bond Oversight Committee on Friday, August 11, 2023, at 1:00 p.m. at the Development Service Center. Please check the City of Denton website for final meeting dates and times, as information is subject to change after the Friday Report is published. General Information & Status Updates A. Ready For Work Program Video – This week, the City of released a video highlighting the partnership between the City of Denton and Our Daily Bread for the Ready for Work Program. This program aims to make a positive difference in the lives of individuals experiencing homelessness by providing them with a unique opportunity to receive training and work on-site at the Denton Landfill. The program’s overarching goal is to offer support and encouragement as these individuals take steps toward re-entering the workforce. The video was shared on the website, via the City’s social media channels, and is available at www.youtube.com/cityofdenton. Staff contact: Ryan Adams, City Manager’s Office B. Recycling Program of the Year Award – On August 2, 2023, the City of Denton was awarded the Program of the Year Award for the Small Community category by the Resource Recycling Conference. This award recognizes our city's innovative efforts in material recovery, resident engagement in sustainability, program measurement, and overall progress. Denton's submission highlighted successful initiatives such as the multifamily chute lid and locking bar pilot program, cart tagging interns leading to a full- time auditor, and a marketing strategy focusing on "No bags in your cart" to reduce plastic film and bagged recyclables. Additionally, the Denton Sustainable Schools program integrates recycling education with sustainability practices at Denton Independent School District schools. Staff contact: Julissa Amador, Environmental Services and Sustainability C. Internal Audit Releases Analysis Report Regarding Animal Services Canine Care – The City Auditor’s Office released an analysis report to provide information on specific questions regarding canine medical health practices, nutrition practices, and euthanasia practices. Detailed findings from this analysis and the related management responses are attached. The full report is also available on the City’s website in the Analysis Report Regarding Animal Services Canine Care. Staff contact: Madison Rorschach, Internal Audit D. Internal Audit Fiscal Year 2022-23 Third Quarter Report – The Internal Audit Department’s Quarterly Reports are intended to provide City Council and the public with a status update on the Annual Internal Audit Plan and Recommendation Follow-Up Status. Additional items of note this quarter include results from the 2023 Risk Assessment. The full Third Quarter Report is available on the Internal Audit Website. Staff contact: Madison Rorschach, Internal Audit E. July 2023 Loop 288 Water Leak After-Action Report – On July 5, 2023 the Loop 288 facility experienced an extended water leak in the emergency shelter wing due to accidental damage to a sprinkler head. The After-Action Report attached highlights the activity log, department actions, and lessons learned from staff in response to the July 5, 2023, interior water leak at the Loop 288 Community Shelter. Staff contact: Dani Shaw, Community Services F. Denton County Homeless Coalition Collective Onboarding – On Friday, July 28, 2023, United Way of Denton County hosted the first Collective Onboarding for new staff working in homeless service provider agencies throughout Denton County. The Collective Onboarding provided an overview of definitions of homelessness from the Department of Housing and Urban Development (HUD), Texas Balance of State Continuum of Care, Texas Homeless Network, types of housing programs, and Homeless Management Information System (HMIS). The training also provided an opportunity for staff to present 2 information on agency services and network with other providers. There were 42 homeless service provider staff from 12 agencies in attendance, including Christian Community Action, City of Denton, Denton Affordable Housing Corporation, Denton County Friends of the Family, Giving Grace, Interfaith Ministries, Metrocrest, Denton County MHMR, Our Daily Bread, Salvation Army of Denton, Salvation Army of Lewisville, and United Way of Denton County. Staff contact: Megan Ball, Community Services Responses to Council Member Requests for Information A. Oxford House at 2413 Kayewood Drive Update – As a follow up to the July 25, 2023, City Council meeting item regarding consideration of the reasonable accommodation request for the Oxford House located at 2413 Kayewood Drive, Development Services staff conducted a site visit on Monday, July 31, 2023. The purpose of the site visit was to confirm the number of bedrooms and bathrooms within the dwelling in response to questions raised during the public meeting. Staff observed a total of four bedrooms and two bathrooms in addition to common areas including a living room, kitchen, and laundry room. During the site visit, staff inquired into next steps for residents who are asked to leave an Oxford House. The Area Supervisor advised when residents move into an Oxford House, they each agree to an individualized plan for what happens if a relapse occurs. These plans identify emergency contacts who are notified when a resident is asked to leave. Additionally, the Oxford House staff maintains a list of resources, such as supervised living facilities or halfway houses, which may provide a more appropriate living environment if needed for some clients. During Council discussion, Mayor Hudspeth inquired about the graduation or successful recovery rate of Oxford House residents. The following information was found on the Oxford House Inc. website regarding successful recovery rates: • “The “success rate” [staying clean and sober and functioning well] is very high. The National Institute of Drug Abuse [NIDA] and the National Institute on Alcoholism and Alcohol Abuse [NIAAA] have both funded considerable research on Oxford House’s rate of success. More than 125 peer reviewed academic journal articles and four books have been published. A list of those publications is at the Oxford House website under “About Us/ Resources.” Also, several journal articles 3 reporting on the research are at the same website under “Publications/Evaluations/DePaul.” • In one study [NIDA Grant # 13231] that followed 897 residents in 219 Oxford Houses across the country for 27 months, the DePaul University research found that only 13% relapsed. [A peer-reviewed published report of that study in Addictive Behaviors 32 (2007) can be downloaded at the website under “Publications/Evaluations/DePaul].” In another study (NIAAA grant AA12218) 150 individuals getting out of primary treatment were divided into two groups of 75 each with one group going to Oxford Houses and the other group going to normal living situations were followed for two years after treatment found that the Oxford House group did substantially better in staying clean and sober – 66% v. 33%. [American Journal of Public Health, Oct 2006; Vol. 96, pp1727–1729]” At the July 25 meeting, members of the public and City Council also asked for information regarding how Oxford House Inc. verifies residents are disabled. The following statement is made on the Oxford House webpage regarding whether drug and alcohol addiction is a disability: “Alcoholism, drug addiction and mental illness are handicapping conditions. Oxford House, Inc. litigated the issue and in 1995 the United States Supreme Court considered the issue in City of Edmonds, WA v. Oxford House, Inc. et. al. 514 US 725 (1995). In that case the Court found that alcoholics and drug addicts were handicapped within the meaning the law and therefore a protected class requiring that local governments make a reasonable accommodation in zoning laws restricting groups of unrelated persons to live together. Since then, courts have found that the same protection applies with respect to fire safety standards and rates charged property owners for property insurance coverage. In fact, Oxford Houses must be treated the same as ordinary families.” Based on a review of the online application to join an Oxford House, potential residents are initially asked to self-verify their type of addition, date of last drink or drug use, a list of drugs they have been addicted to, and attendance data for Alcoholics and/or Narcotics Anonymous. Representatives of Oxford House Inc. verbally described to staff how potential applicants are further interviewed and screened by existing house residents prior to being accepted to fill a house vacancy. Staff contact: Hayley Zagurski, Development Services B. 380 Lighting Project Status – On July 28, Council Member Byrd shared a resident’s concern and asked for the lack of lighting on US 380 (University Drive) between Bell Road and Loop 288 to be communicated to the Texas Department of Transportation (TxDOT). The US 380 Lighting project is part of the City’s 2019 Bond Program and set to receive the first round of funding next fiscal year. The photometrics for this project are complete, and once funding is received, the project will move directly into the design phase. Staff contact: Trevor Crain, Capital Projects C. Avenue D Connection to I35 Access Road – On July 31, Council Member McGee requested information about any potential plans or discussions to open Avenue D to the I- 35 access road. At this time, staff has not held any discussions about connecting these two roadways and is not aware of any planned changes from the Texas Department of Transportation (TxDOT). Staff will continue to monitor and provide updates if changes are expected. Staff contact: Trevor Crain, Capital Projects 4 D. Review of Sewer Line Locations Between Hickory and Oak – On August 1, Council Member Meltzer forwarded a resident’s concern about private sewer service laterals from surrounding property owners being routed through private property. The Water department is aware of the concern and a project is designed to lower the sewer line in Oak Street, allowing for the private sewer service laterals to be rerouted from Hickory Street to the front, eliminating concerns. The project includes water line replacement, drainage line replacement, and roadway reconstruction in this area. Capital Projects will manage the project and is evaluating how to package and deliver the project. Staff remain in contact with impacted residents as the project moves toward construction. Staff contacts: Stephen Gay, Water, and Trevor Crain, Capital Projects E. Crosswalk Concerns on Teasley – On August 1, Council Member Meltzer forwarded a resident’s request to repair a crosswalk signal at Longridge Drive and Teasley Lane. Staff conducted a full system check, replaced a blown-out solar regulator, and restored the system to normal operation. The flashers at this location have reached their end-of-life status, and staff will begin the process to replace them. Staff contact: Ethan Cox, Public Works F. Parks and Recreation Statistics – On August 2, Council Member Meltzer requested updated data related to Parks and Recreation metrics originally reviewed at a January 4, 2022 City Council work session presentation. The following chart outlines updates to the metrics presented. Further metrics and city-wide data are available on the City’s Strategic Dashboard online. Staff contact: Christine Taylor, City Manager’s Office Information from the City Manager From time to time, I would like to share with the City Council local government-related resources that I find insightful, interesting, or timely. These may be studies, periodicals, reports, or web resources. My intent is to make the Council aware of broad perspectives and discussions and not to suggest any policy or service change. – Sara A. New rules on transformer efficiency standards could impact lead times on transformers B. Parks and Libraries in Partnership Upcoming Community Events and Public Meetings A. Adapted Recreation Dance – Parks and Recreation is hosting an adapted recreation dance on Friday, August 11 at North Lakes Rec Center (2001 Windsor Dr.) from 7 to 9 p.m. The cost to attend is $5 per person and is open to individuals living with disabilities 16 years of age and older. The event will feature a dance floor, a photo booth, and the opportunity to 5 mingle with new and old friends. Registration is available through the Denton Parks and Recreation Online Catalog. Staff contact: Mia Macy, Parks and Recreation B. Food N Fun Friday – Join Parks and Recreation staff at the North Lakes Driving Range (2009 W. Windsor Dr.) on August 11 from 5 to 9 p.m. for $20 unlimited golf balls, a free- to-join closest to the pin challenge, and food for sale from food trucks including King & Queen New Orleans Sneauxballs. No registration is required. Staff contact: Kelsey Stuart, Parks and Recreation C. Back to School Party – MLK Jr. Recreation Center (1300 Wilson St.) will be holding its annual Back-to-School Party on August 11 from 6 to 9 p.m. The event is an opportunity to say goodbye to summer, play with friends, show off dance moves, and prepare to start the new school year with a positive attitude. This year’s party will include food, a DJ, and door prizes. The event is sponsored by the MLK Advisory Board, and is free to attend, although registration is required. Staff contact: Cheylon Brown, Parks and Recreation D. Golf Scramble – Parks and Recreation will host its Monthly Golf Scramble at Wildhorse Golf Club in Robson Ranch (9400 Ed Robson Blvd) on August 15, from 5 to 8 p.m. Tee off and enjoy the chance to win some great prizes. There is a $30 for a team and an additional $14 per person green fee paid to Wildhorse Golf Club. Registration is available online. Staff contact: Kelsey Stuart, Parks and Recreation E. 50+ Active Adult Ice Cream Social – Cool down at the Denton Senior Center’s (509 N. Bell Ave.) Ice Cream Social on National Senior Citizen’s Day, August 21, from 12 to 1 p.m. This event will kick off National Senior Center Month and anyone over 50 is welcome to join! The event is free to attend, with registration and more information available online. Staff contact: Nicole Brasher, Parks and Recreation F. Veterans’ Archery Clinic – Denton Parks and Recreation is offering an archery clinic for veterans at the Vela Sports Complex (3801 N. Elm St.) from 10 a.m. to 2 p.m. on August 22. Instruction in international-style archery will be provided by a USA Archery and National Archery in Schools certified instructor. Participants can develop new skills or hone their existing archery abilities with safe target practice in a supportive environment. Closed-toe shoes are required. The cost to attend is $35, and registration is available online. Staff contact: Carin Zeman, Parks and Recreation G. That 70s Party – The American Legion Hall (ALH) Senior Center (629 Lakey St.) is hosting a disco-themed dance night for active adults over 50 on August 25. Dress in your best 70s garb and dance the night away to old-school tunes. The dance is a great opportunity to show off your dance skills and meet new people! The cost to attend is $10 and registration is available through the Denton Parks and Recreation Online Catalog. Staff contact: Nicole Brasher, Parks and Recreation H. Short-Term Rentals Town Hall Meetings – We invite public input on short-term rentals in the Denton Development Code amendment process. Two Town Hall meetings will be held, one in-person on August 17 and the other virtually on August 21, both at 6 p.m. The in- person Town Hall meeting will be hosted at the Development Services Building (401 N. Elm St). More information can be found on Discuss Denton. Staff contact: Ron Menguita, Development Services 6 I. Adapted Recreation Movie-Watching Party – Join Parks and Recreation for a movie- watching party at the Martin Luther King, Jr. Recreation Center (1300 Wilson St) on Friday, August 25 from 11 a.m. to 1 p.m. The event is free to attend for individuals living with disabilities 14 years of age and older. Registration is available through the Denton Parks & Recreation Online Catalog. Staff contact: Mia Macy, Parks and Recreation J. Adult Archery Classes – Learn the basics of international-style archery with a USA Archery and National Archery in Schools certified instructor on Saturday, August 26, at Denia Recreation Center (1001 Parvin St.). This Adult Archery class is held from 10 a.m. to noon, with registration available online for $35. An additional Active Adult (50+) archery class is offered later in the day, from 1 to 3 p.m. The second archery class is $20 to attend with registration available online. Closed-toe shoes are required for both events. Staff contact: Carin Zeman, Parks and Recreation K. Smart Cycling for Older Adults – The Denton Senior Center (509 N. Bell Ave.) is providing a class on Smart Cycling for adults over 50 on Wednesday, August 30. The class is for individuals new to bicycling and those wanting to refresh their skills while remaining attentive to the needs of older cyclists. This class reviews the importance of choosing an appropriate bike, cycling with reduced flexibility, and accommodating slightly slower reaction times as part of safe biking practices. Staff contact: Nicole Brasher, Parks and Recreation Attachments A. July 2023 Loop 288 Water Leak After Action Report .........................................................8 B. Analysis Report Regarding Canine Care ...........................................................................12 Informal Staff Reports A. 2023-050 House Bill 2071 Summary and Analysis ............................................................27 B. 2023-051 Fleet Purchase Under Delegation of Authority ..................................................51 Council Information A. Council Requests for Information ......................................................................................56 B. Public Meeting Calendar.....................................................................................................58 C. Draft Agenda for August 15 City Council Meeting............................................................62 D. Future Work Session Items ................................................................................................77 E. Street Construction Report .................................................................................................79 7 Community Services 401 N. Elm Denton, TX 76201  (940) 349-7726 OUR CORE VALUES Inclusion  Collaboration  Quality Service  Strategic Focus  Fiscal Responsibility MEMORANDUM DATE: August 1, 2023 TO: Sara Hensley, City Manager FROM: Dani Shaw, Director of Community Services Megan Ball, Homeless Programs Coordinator Tom Gramer, Director of Facilities Deby Skawinski, Deputy Director of Risk & Compliance SUBJECT: July 2023 Loop 288 Water Leak After Action Report EVENT NAME July 2023 Loop 288 Water Leak After Action Report OPERATIONAL PERIOD Date Time Date and Time From O7/05/23 07:30 a.m. Date and Time To 07/14/23 11:30 a.m. INCIDENT DESCRIPTION On July 5, 2023 at 7:30 am, a guest at the facility was sitting on a top bunk in the Emergency Bunk Rooms and tossed their bag, which inadvertently hooked a sprinkler and set off all of the sprinklers in the wing. This caused water to flow into the room. The water to the building was not shut off until the Fire Department arrived. It took time to get the water turned off, so water flowed into all 10 bunk rooms and the hallway. CURRENT SITUATION Open DEPARTMENT UPDATES AND PREPARATIONS (RESOURCES ASSIGNED) Christine Taylor, City Manager’s Office Ryan Adams, City Manager’s Office Cassey Ogden, City Manager’s Office 8 2 Dani Shaw, Community Services Megan Ball, Community Services Tom Gramer, Facilities Bob Martinez, Emergency Management David Moore, Facilities David Becker, Fire Doug Shoemaker, Police Tony Salas, Police Deby Skawinski, Risk Management Gary Packan, Parks and Recreation Nikki Sassenus, Parks and Recreation Keith Kading, Warehouse Stephen Gay, Water Utilities ACTIVITY LOG Daily check-in meeting on shelter operations Fire Department Date/Time Notable Activities 07/05/23 8:00 a.m. Shut off water to the Facility Community Services Date/Time Notable Activities 07/05/23 The Emergency wing (118 beds) closed to allow for drying and necessary repairs 07/05/23 With assistance from staff from Water Utilities Team, 45 emergency cots and bedding were delivered from the warehouse to be used by the shelter. ODB utilized the cots by temporarily appropriating different spaces within the shelter 07/06/23 Additional 30 Cots delivered to the shelter 07/06/23 Megan Ball staffed an overnight shift at the shelter to help provide additional coverage for alternate spaces Facilities Date/Time Notable Activities 07/05/23 Facilities Management engaged Blackmon Mooring for the restoration and repair work 07/05/23 Asbestos survey was completed on July 5, and no asbestos was found. report provided 07/06/23 07/06/23 Receive an estimate from Blackmon Mooring for repair costs and timeline 07/05/23 Reach out to Risk Management 07/07/23 Research sprinkler head cover options. 07/07/23 Blackmon Mooring estimate $105,000 for full remediation of all affected space 9 3 As above Blackmon Mooring estimated July 13th for the entire remediation to be completed and guests to be moved back in with no conditions 07/08/23- 07/14/23 Texas Fire and Sound is generating an estimate for recessed sprinkler heads. They have indicated that the current sprinkler heads are an institutional type and should not have discharged. We are investigating this father for defects on the single unit that discharged. Facilities has requested to be complete by July 13th. Parts availably and labor resources will dictate final install date. 07/14/23 The installation of the recessed heads. Completed. 07/14/23 11:30 a.m. Reopened Risk & Compliance Date/Time Notable Activities 07/05/23 Facilities contacted Risk Management 07/11/23 Facilities and Risk Management met to discuss claim 07/19/23 Safety Team completed a site visit and inspection to complete the EAP Marketing and Communication Date/Time Notable Activities 07/05/23 6:00 p.m. CMO reported the event to City Council members 07/06/23 3:00 p.m. Update report to City Council 07/07/23 3:00 p.m. Update report to City Council – Provided anticipated reopening date 07/13 07/07/23 7:14 p.m. At the request of the Mayor, designed and distributed a “Call for Volunteers” flier for social media. Posted in Social media same day. 07/013/23 3:00 p.m. Update report to City Council – Updated anticipated reopening date 07/14 OTHER Date/Time Notable Activities 07/06/23 8:30 a.m. Daily check-in meeting on shelter operations 07/07/23 9:00 a.m. Daily check-in meeting on shelter operations 07/19/23 Proceed with donation of used Cots and Bedding to Our Daily Bread <$2,500 (Asset Donation Form) Warehouse will replenish the cots and bedding items to resume on-hand stock of emergency supplies. LESSONS LEARNED Implement an ongoing facilities management training schedule including Water, Electric emergency shut-off with Our Daily Bread staff at least Semi-Annually Complete written emergency action plan (EAP) for the Loop 288 facility (In progress) 10 4 The additional cots and flexible space prevented guests from being turned away from overnight shelter for the duration of the event Strengthening Volunteer recruitment efforts will be helpful in ongoing operations and in managing a future emergency event Please let us know if you have any questions. cc: Christine Taylor, Assistant City Manager Frank Dixon, Assistant City Manager 11 Office of the City Auditor Accountability  Transparency  Integrity  Quality 215 E. McKinney St., Denton, TX 76201  (940) 349-7228 DATE: August 4, 2023 TO: Sara Hensley, City Manager Cassey Ogden, Assistant City Manager/Chief Financial Officer Frank Dixon, Assistant City Manager Christine Taylor, Assistant City Manager FROM: Madison Rorschach, City Auditor CC: Honorable Mayor and Members of the City Council Analysis Report Regarding Animal Services Canine Care Purpose: On July 24, 2023, the City Auditor’s Office entered into an agreement with Cassey Ogden, Assistant City Manager/Chief Financial Officer, to perform an analysis of the City of Denton’s Animal Shelter’s canine care practices.1 This analysis is intended to provide information on specific questions regarding canine medical health practices, nutrition practices, and euthanasia practices. In addition, the report heavily relies on best practices outlined in the Association of Shelter Veterinarians’ Guidelines for Standards of Care in Animal Shelters – or the Guidelines – as agreed to by the City Manager’s Office. Summary of Review: The following information summarizes the results of the City Auditor’s Office’s analysis of canine care practices as agreed to by the City Manager’s Office. Medical Health Practices Does the City of Denton have a formal relationship with a veterinarian for canine medical care? Yes. The City of Denton most recently entered into a contract for veterinary medicine services in March 2022. In addition, based on a review of the Division’s shelter management software there is evidence that canines receive medical examinations and treatment from a Doctor of Veterinary Medicine. 1 This agreement was initiated in response to a request from Mayor Pro Temp Brian Beck. City Councilmembers may request the City Auditor perform limited assurance services – or analyses – per City Ordinance 20-1783. 12 Page | 2 Do canine intake and monitoring practices align with the Association of Shelter Veterinarians’ Guidelines for Standards of Care in Animal Shelters, Standard 6.3 Medical Assessment? The Guidelines Standard 6.3 generally has seven requirements for medical care; four regarding animal intake and three regarding health monitoring during an animal’s stay with the shelter. In addition, all staff performing medical assessments should be medical professionals or be adequately trained. Intake Practices Yes. The Animal Shelter’s stated intake medical care practices generally align with the Guidelines. Specifically, the Animal Shelter administers all basic vaccinations and parasite care suggested by the Guidelines as part of the intake exam. In addition, the intake exam includes a physical assessment of an animal’s health performed by only Animal Shelter staff members. Health Monitoring No. The Animal Shelter’s stated health monitoring practices generally do not align with the Guidelines. Specifically, according to Animal Shelter staff, animals are not required to receive monthly medical assessments or a comprehensive medical exam every six months. In addition, while all animals should be observed every day, the staff is not required to document these observations. Staff Training No. According to Animal Services staff, there is no formal, documented training program for new staff members. The Division did develop and implement standard operating procedures in 2021; however, these have not been updated to reflect the change to a new shelter management system. Further, a standard operating procedure for intake exams has not been established. Is there evidence that canine medical health practices are followed? Intake Practices Yes. Based on a review of the Division’s shelter management system, there is evidence that intake exams are performed to collect all information suggested by the Guidelines, including 13 Page | 3 a physical assessment and the administration of basic vaccinations and parasite care. Health Monitoring Yes. There is evidence that daily observations occur. Based on a review of a statistical sample of canines who are no longer in the shelter, about a third had a medical exam performed outside of the intake exam to address identified medical issues. There is no indication that animals are periodically reweighed, or receive a monthly medical assessment; however, these were not stated practices. Based on a statistical sample of canines who are no longer in the shelter, none were there for six months or longer. Staff Training Mostly. During April, May, and June 2023, 23 unique staff members performed about 750 intake exams. Of these, about 75 percent were performed by staff who had or likely had adequate experience to perform them (i.e. had been with the Animal Shelter for one or more years or was not an entry-level employee). The remaining 126 intake exams were performed by employees who had been with the Animal Shelter for about six months or less, making it unclear if they had adequate training to perform the exam alone. Nutrition How are canine feeding practices determined? According to Animal Services staff, most canines are fed based on the food brand’s recommended serving size. Canines experiencing medical issues are assigned a feeding protocol by the contracted veterinarian. A Daily Feeding Protocol standard operating procedure was developed and implemented in 2021. Do canine feeding practices align with the Association of Shelter Veterinarians’ Guidelines for Standards of Care in Animal Shelters, Standard 6.4.6 Nutrition? Yes. The Animal Shelter’s stated nutrition practices generally align with the Guidelines. Specifically, canines are fed a consistent diet based on the food brand’s recommended serving size twice a day from food containers that align with industry standards. In addition, food is securely stored. It should 14 Page | 4 be noted that the Animal Shelter increased to twice daily canine feedings less than a week before the initiation of this project. Twice-daily feedings are suggested as a best practice by the Guidelines for healthy canines. Is there evidence that canine feeding practices are followed? No. Based on observation, there is generally not evidence that canines are always fed food amounts per the food brand’s recommendations. Specifically, Animal Services staff are supposed to feed each animal based on its ideal weight; however, this is not clearly documented, so staff must rely on their own knowledge. There is evidence that feeding schedules for canines with medical issues are recommended by the veterinarian. Feeding documentation for most animals was not created, limiting the monitoring of an animal’s daily food intake. This appears to be due to the logistics of feeding many animals during a brief period of time. However, feedings for animals on special food schedules are documented. Euthanasia How does the shelter determine if a canine should be euthanized? Euthanasia decisions are made by Animal Shelter management based on a review of the animal’s records in the shelter management system. According to staff, these decisions are generally based on an animal’s medical and behavioral history. A Euthanasia standard operating procedure was developed and implemented in 2021 that includes reasons that an animal might be selected for euthanasia. Medical and behavioral history are generally documented in the shelter management system through the use of memorandums, exam notes, and reports. Based on a review of 38 euthanization decisions made by Animal Services staff, two did not have any memorandums, notes, or reports documented. 15 Page | 5 Do canine euthanasia practices comply with Texas Administrative Code Chapter 169 Subchapter D? Yes. Texas Administrative Code requires that each animal be scanned for microchip identification and searched for identification tattoos prior to euthanasia. In addition, it requires that only sodium pentobarbital be used to euthanize a canine in the custody of an animal shelter and that individuals euthanizing an animal be certified. Based on a review of the Animal Services Division’s Euthanasia standard operating procedure, it requires the following: • State certification of the staff member performing the euthanasia; • The staff member performing the euthanization be responsible for verifying the animal’s identity, including checking for a microchip; and • Use of sodium pentobarbital to euthanize the patient. Is there evidence that canine euthanasia practices are followed? No. Based on a review of a statistical sample of deceased canine records, euthanizations are recorded in the shelter management system in two stages. First, the animal is moved to a “pre-euthanasia” stage by a member of Animal Services’ management and then the euthanasia is performed and documented by a staff member. While there is evidence that the Division believes all staff members who have performed euthanizations are certified, actual certification documentation for four staff members who had performed euthanizations during April, May, and June 2023 was not readily available. The Division’s Euthanasia standard operating procedure requires staff to document the following information: • Euthanasia reason; • Asilomar status; • Animal weight at the time of euthanasia procedure; • Dosage of sedative and sodium pentobarbital used; and • Identity of at least two staff members performing the procedure. Based on a review, euthanasia procedures appear to be documented primarily in the shelter management system, 16 Page | 6 which has limited documentation of the euthanasia performed. Specifically, there is no way to verify the dosages used to perform an euthanization in the system or to identify if a second employee was involved in the performance of the procedure. Further, there is no evidence that each animal was reweighed directly prior to euthanasia, meaning it cannot necessarily be verified if the correct dosage was administered based on secondary controlled substance usage records. Conclusion: Based on this analysis, the following areas could potentially be improved: • Update written documentation of care practices; • Implementation of monthly medical assessments to more quickly identify if animals with longer-term shelter stays are deteriorating medically; • Documentation of daily feedings for healthy canines potentially including the amount to feed, that a feeding occurred, and the result of previous feeding (e.g. food was eaten, not eaten, bile found, etc.); • Improved documentation and retention of euthanasia certifications; • Enhanced euthanization documentation potentially including animal weight just prior to euthanasia, observing or assisting staff member name, and dosage of sodium pentobarbital. While this analysis was specifically focused on canine care practices, many of the identified areas for potential improvement would likely impact the care practices for other animal species in the Animal Shelter’s custody. In addition, the City Auditor’s Office noted the following potential issues during the course of this review: • Security camera views – As part of this project, the City Auditor’s Office intended to review historical feedings through security camera footage; however, no security cameras in the Animal Shelter show areas where staff prepare and feed canines or felines. • Animal Shelter Advisory Committee – The City’s Animal Shelter Advisory Committee makes recommendations regarding methods and procedures necessary to ensure compliance with the Animal Shelter Act as required by Texas Law. As part of this project, the City Auditor’s Office noted that two members of the Committee 17 Page | 7 appear to have service provider relationships with the Animal Shelter, which may create a conflict of interest. Management Response: The City Auditor’s Office appreciates the time and effort Animal Services staff provided to complete this analysis. A management response has been attached to this report. Methodology: 1. Executed a Non-Audit Services Agreement with the City Manager’s Office. 2. Reviewed industry standards, best practices, and relevant Animal Services Division policies and standard operating procedures. 3. Discussed canine care activities with Animal Services staff. 4. Observed Denton Animal Shelter facilities on July 24 and July 28, 2023, and the July 24 afternoon canine feeding. 5. Reviewed Animal Services staff tenure and certifications. 6. Examined a statistical sample of 34 deceased canine records from the Animal Services shelter management system.2 7. Examined a statistical sample of 86 canine records for animals no longer in the shelter from the Animal Services shelter management system.3 8. Observed security camera footage views of the Denton Animal Shelter. 2 This sample size provides with 95 percent confidence that the true population mean is within ±15 percent of the sample estimate. 3 This sample size provides with 95 percent confidence that the true population mean is within ±10 percent of the sample estimate. 18 City Manager’s Office 215 E. McKinney St., Denton, TX 76201  (940) 349-8307 OUR CORE VALUES Inclusion  Collaboration  Quality Service  Strategic Focus  Fiscal Responsibility MEMORANDUM DATE: July 31, 2023 TO: Madison Rorschach, City Auditor FROM: Frank Dixon, Assistant City Manager SUBJECT: Animal Services Management Response CC: Sara Hensley, City Manager Christine Taylor, Assistant City Manager Cassey Ogden, Assistant City Manager/CFO Madam Auditor, Please find below the City of Denton management response to your analysis report on the City of Denton Animal Shelter. Does the City of Denton have a formal relationship with a veterinarian for canine medical care? Yes. The City of Denton most recently entered into a contract for veterinary medicine services in March 2022. In addition, based on a review of the Division’s shelter management software there is evidence that canines receive medical examinations and treatment from a Doctor of Veterinary Medicine. Management: The City of Denton is looking to amend the current contract with RSVP to add two full-time Veterinarian Techs and change the number of hours for our veterinarian from twenty (20) hours per week to forty (40) hours per week. 19 2 Do canine intake and monitoring practices align with the Association of Shelter Veterinarians’ Guidelines for Standards of Care in Animal Shelters, Standard 6.3 Medical Assessment? The Guidelines Standard 6.3 generally has seven requirements for medical care: four regarding animal intake and three regarding health monitoring during an animal’s stay with the shelter. In addition, all staff performing medical assessments should be medical professionals or be adequately trained. Intake Practices Yes. The Animal Shelter’s stated intake medical care practices generally align with the Guidelines. Specifically, the Animal Shelter administers all basic vaccinations and parasite care suggested by the Guidelines as part of the intake exam. In addition, the intake exam includes a physical assessment of an animal’s health performed by only Animal Shelter staff members. Management: The City of Denton is seeking to amend the current contract with RSVP to have Veterinarian Techs perform the intake process, to allow shelter staff to perform other duties. Health Monitoring No. The Animal Shelter’s stated health monitoring practices generally do not align with the Guidelines. Specifically, according to Animal Shelter staff, animals are not required to receive monthly medical assessments or a comprehensive medical exam every six months. In addition, while all animals should be observed every day, the staff is not required to document these observations. Management: The City of Denton is in the process of initiating a Request for Proposal (RFP), to contract an Animal Behaviorist to monitor animals in addition to the health monitoring to be done and documented by Veterinarian staff. Supervisors perform rounds throughout the shelter at least once a day. The staff makes notes and/or submits vet checks for any animal that is showing signs of illness, disease, injury, or behavior concerns that they observe during daily care of the animals and rounds. The staff has received 20 3 training on the 5 Freedoms and what signs of kennel stress to watch out for. The average length of stay for animals in the shelter is 2 weeks. Staff Training No. According to Animal Services staff, there is no formal, documented training program for new staff members. The Division did develop and implement standard operating procedures in 2021; however, these have not been updated to reflect the change to a new shelter management system. Further, a standard operating procedure for intake exams has not been established. Management: Animal Shelter leadership is working to develop a formalized training program, to include formally identifying training staff, establishing training metrics and documentation/criteria. Is there evidence that canine medical health practices are followed? Intake Practices Yes. Based on a review of the Division’s shelter management system, there is evidence that intake exams are performed to collect all information suggested by the Guidelines, including a physical assessment and the administration of basic vaccinations and parasite care. Health Monitoring Yes. There is evidence that daily observations occur. Based on a review of a statistical sample of canines who are no longer in the shelter, about a third had a medical exam performed outside of the intake exam to address identified medical issues. There is no indication that animals are periodically reweighed, or receive a monthly medical assessment; however, these were not stated practices. Based on a statistical sample of canines who are no longer in the shelter, none were there for six months or longer. Management: The City of Denton is currently working to amend the contract with RSVP to have Veterinarian staff conduct both of the above. 21 4 Staff Training Mostly. During April, May, and June 2023, 23 unique staff members performed about 750 intake exams. Of these, about 75 percent were performed by staff who had or likely had adequate experience to perform them (i.e., had been with the Animal Shelter for one or more years or was not an entry-level employee). The remaining 126 intake exams were performed by employees who had been with the Animal Shelter for about six months or less, making it unclear if they had adequate training to perform the exam alone. Management: The Animal Shelter was pre-scheduled to close on Tuesday, August 1, 2023, for an all-day training that includes training on processes and completed Standard Operating Procedures (SOP’s) Shelter leadership has conducted and will continue conducting in-house training as part of continuing education for all shelter staff. The newer staff works with an experienced staff member while training on how to enter the exams into PetPoint. PetPoint defaults to the logged-in user as the provider on exams which means a training employee could have been logged in while a seasoned employee is walking them through the intake process. How are canine feeding practices determined? According to Animal Services staff, most canines are fed based on the food brand’s recommended serving size. Canines experiencing medical issues are assigned a feeding protocol by the contracted veterinarian. A Daily Feeding Protocol standard operating procedure was developed and implemented in 2021. Do canine feeding practices align with the Association of Shelter Veterinarians’ Guidelines for Standards of Care in Animal Shelters, Standard 6.4.6 Nutrition? Yes. The Animal Shelter’s stated nutrition practices generally align with the Guidelines. Specifically, canines are fed a consistent diet based on the food brand’s recommended serving size twice a day from food containers that align with industry standards. In addition, food is securely stored. It should be noted that the Animal Shelter increased to twice daily canine 22 5 feedings less than a week before the initiation of this project. Twice-daily feedings are suggested as a best practice by the Guidelines for healthy canines. Is there evidence that canine feeding practices are followed? No. Based on observation, there is generally not evidence that canines are always fed food amounts per the food brand’s recommendations. Specifically, Animal Services staff are supposed to feed each animal based on its ideal weight; however, this is not clearly documented, so staff must rely on their own knowledge. There is evidence that feeding schedules for canines with medical issues are recommended by the veterinarian. Feeding documentation for most animals was not created, limiting the monitoring of an animal’s daily food intake. This appears to be due to the logistics of feeding many animals during a brief period of time. However, feedings for animals on special food schedules are documented. Management: Part of the amendment to have Veterinarian staff take over the intake process, is to have meal plans established for each individual animal and a procedure by which to document each feeding time, amount, etc. by shelter staff. The previous practice was to document multiple checks on each animal for food/water intake and output. This practice caused a significant increase in the time needed to provide daily care and reduced the quality of care for the animals. While it was changed several months ago, it certainly can be modified again. How does the shelter determine if a canine should be euthanized? Euthanasia decisions are made by Animal Shelter management based on a review of the animal’s records in the shelter management system. According to staff, these decisions are generally based on an animal’s medical and behavioral history. A Euthanasia standard operating procedure was developed and implemented in 2021 that includes reasons that an animal might be selected for euthanasia. 23 6 Medical and behavioral history are generally documented in the shelter management system through the use of memorandums, exam notes, and reports. Based on a review of 38 euthanization decisions made by Animal Services staff, two did not have any memorandums, notes, or reports documented. Do canine euthanasia practices comply with Texas Administrative Code Chapter 169 Subchapter D? Yes. Texas Administrative Code requires that each animal be scanned for microchip identification and searched for identification tattoos prior to euthanasia. In addition, it requires that only sodium pentobarbital be used to euthanize a canine in the custody of an animal shelter and that individuals euthanizing an animal be certified. Based on a review of the Animal Services Division’s Euthanasia standard operating procedure, it requires the following: • State certification of the staff member performing the euthanasia. • The staff member performing the euthanization be responsible for verifying the animal’s identity, including checking for a microchip; and • Use of sodium pentobarbital to euthanize the patient. Is there evidence that canine euthanasia practices are followed? No. Based on a review of a statistical sample of deceased canine records, euthanizations are recorded in the shelter management system in two stages. First, the animal is moved to a “pre-euthanasia” stage by a member of Animal Services’ management and then the euthanasia is performed and documented by a staff member. While there is evidence that the Division believes all staff members who have performed euthanizations are certified, actual certification documentation for four staff members who had performed euthanizations during April, May, and June 2023 was not readily available. The Division’s Euthanasia standard operating procedure requires staff to document the following information: • Euthanasia reason; • Asilomar status; • Animal weight at the time of euthanasia procedure; • Dosage of sedative and sodium pentobarbital used; and 24 7 • Identity of at least two staff members performing the procedure. Based on a review, euthanasia procedures appear to be documented primarily in the shelter management system, which has limited documentation of the euthanasia performed. Specifically, there is no way to verify the dosages used to perform an euthanization in the system or to identify if a second employee was involved in the performance of the procedure. Further, there is no evidence that each animal was reweighed directly prior to euthanasia, meaning it cannot necessarily be verified if the correct dosage was administered based on secondary controlled substance usage records. Based on this analysis, the following areas could potentially be improved: • Update written documentation of care practices; • Implementation of monthly medical assessments to more quickly identify if animals with longer-term shelter stays are deteriorating medically; • Documentation of daily feedings for healthy canines potentially including the amount to feed, that a feeding occurred, and the result of previous feeding (e.g., food was eaten, not eaten, bile found, etc.). • Improved documentation and retention of euthanasia certifications; • Enhanced euthanization documentation potentially including animal weight just prior to euthanasia, observing or assisting staff member name, and dosage of sodium pentobarbital. While this analysis was specifically focused on canine care practices, many of the identified areas for potential improvement would likely impact the care practices for other animal species in the Animal Shelter’s custody. Management: Animal Shelter staff is receiving updated SOP’s and related training to bring about a change in how euthanasia is done and documented, animal characteristics, staff name(s) present, and dosage used. Staff will review best practices as it relates to the placement of video surveillance and make recommendations, as appropriate. Field Supervisor Nicole Heyer has copies of all employee’s euthanasia certifications. Mindy Henry is relatively new and may not have known where those were kept. New employees have 120 days from employment to obtain euthanasia training and certification and are legally allowed to euthanize animals during that time. 25 8 All information for euthanasia including the second staff member and dosage is documented in PetPoint and can be found on the animal view report. There are occasions where a single person is performing the euthanasia alone, such as after-hours emergency euthanasia. There is a scale in the room for weight check prior to euthanasia for accurate dosing, staff has not previously been required to document the weight check in the computer, but that change can be easily made. In addition, the City Auditor’s Office noted the following potential issues during the course of this review: • Security camera views – As part of this project, the City Auditor’s Office intended to review historical feedings through security camera footage; however, no security cameras in the Animal Shelter show areas where staff prepare and feed canines or felines. • Animal Shelter Advisory Committee – The City’s Animal Shelter Advisory Committee makes recommendations regarding methods and procedures necessary to ensure compliance with the Animal Shelter Act as required by Texas Law. As part of this project, the City Auditor’s Office noted that two members of the Committee appear to have service provider relationships with the Animal Shelter, which may create a conflict of interest. Management: Denton Animal Services does utilize Animal Hospital on Teasley for outside veterinary services, Dr. Cassie Whitmire is one of two Veterinarians that operate that clinic. Dr. Cassie Whitmire serves on the ASAC as a Licensed Veterinarian member. The staff has identified the need for an additional 20+ cameras (14 for animal housing areas) for better documentation of the happenings at the shelter. There are currently no cameras in any of the animal housing areas. 26 August 4, 2023 Report No. 2023-050 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: House Bill 2071 Summary and Analysis BACKGROUND: On July 25, 2023, City staff and the City’s state legislative consultants, Jackson Walker, provided an update on the 88th Session of the Texas Legislature. During that discussion, Council Member Watts inquired if staff would provide a summary and analysis of House Bill (H.B.) 2071, to which staff responded that a summary would be made provided to the City Council. H.B. 2071 by Rep. Jetton relates to requirements for multifamily developments owned by public facility corporations (PFCs) and amends Section 303 of the Texas Local Government code. Among its provisions, the bill generally provides that: 1. A PFC, a nonprofit corporation formed by a sponsoring governmental entity, or a sponsor, including a city, county, school district, housing authority, or special district, may only finance, own, or operate a multifamily residential development located in the area of operation or jurisdictional boundaries of the sponsor; 2. To receive beneficial tax treatment for a multifamily development located in a city, a PFC must: a. meet certain minimum thresholds related to affordable housing availability; b. give certain notice to the affected city; c. obtain the consent of the city in certain circumstances; and d. provide feasibility and other financial analyses related to the project; 3. Certain protections are extended to tenants living in tax-exempt multifamily developments owned by PFCs; 4. All materials used to improve a qualifying multifamily development owned by a PFC are exempt from sales and use taxes; 5. PFCs must make annual reports to the Texas Department of Housing and Community Affairs (TDHCA) and chief appraiser and make certain information publicly available on their websites; and 6. The Legislative Budget Board must conduct a study to assess the long -term effect the tax exemptions for qualifying multifamily development projects have on the state’s revenue. H.B. 2071 became effective on June 18, 2023. DISCUSSION: While the City of Denton does not currently operate a PFC, staff have evaluated the legislation to determine its general impact. Overall, the bill provides beneficial components that support housing affordability and improves the PFC tool. Affordability Requirements The bill requires that, for a multifamily development project owned by a PFC to take advantage of property tax and sales and use tax exemptions, 10% of the units of a given project must be 27 August 4, 2023 Report No. 2023-050 affordable for renters at 60% of area median income (AMI) in addition to 40% of units affordable at 80% AMI. PFC developments are still not required to reserve any units for renters earning 50% AMI or below. Projects deployed via the acquisition of existing housing (versus new construction) must dedicate at least 15% of the cost of the property for rehabilitation of that property. Acquisitions may avoid the rehab requirement by increasing the share of units affordable at 60% AMI from 10% to 25%, with approval by the governing body of the municipality in which the project is located. Additionally, income-restricted units must make up an equal proportionate share of each unit size in a project, measured by number of bedrooms. Increased Transparency There are several provisions within the bill that increase transparency: • For housing projects involving new construction, the project must show that the development would not be feasible without the use of the PFC structure. • For acquisition projects only, a “meaningful benefit test” is required that shows that 60% of tax benefit is going toward reducing rents in income-restricted units. This, however, is not required for new construction deals. • For PFCs operating under a Public Housing Authority (PHA) that do not have a majority of the members of the governing body who are elected officials, the PFC’s multifamily development must obtain approval from the elected body of the municipality (City Council) in which the development is located for the development to receive tax benefits. • A PFC must post information about each affordable housing project it owns on its website. • For all project agreements, a 30-day notice must be given to all impacted taxing entities. • An annual compliance audit conducted by auditors hired by property owners is required and must be reviewed by TDHCA. Audits are only reviewed by, not conducted by, TDHCA. Jurisdiction Requirements Prior to H.B. 2071, a PFC could deploy a housing project outside of the jurisdiction of the PFC sponsor. With this new legislation, projects for a PFC may only occur within the jurisdictional boundaries of the PFC sponsor. Instead of 100% Tax exemptions for the life of the property, the PFC exemptions now automatically expire, unless extended with approval from same entities of initial approval. Tax exemptions for acquisition projects expire after 30 years, while new construction projects expire after 60 years. Tenant Protections H.B. 2071 requires that PFC developments must accept Housing Choice Vouchers (HCV) and cannot require HCV holders to have a monthly income in excess of 250% of the household’s total monthly rent for a unit. Additionally, the PFC development must affirmatively market to voucher holders. 28 August 4, 2023 Report No. 2023-050 The bill also provides a baseline of tenant protections, including preventing retaliation regarding the right to organize and just cause eviction protection. ATTACHMENTS: 1. H.B. 2071 - Enrolled STAFF CONTACT: Dani Shaw Community Services Director Dani.Shaw@cityofdenton.com (940) 349-7237 Ryan Adams Chief of Staff Ryan.Adams@cityofdenton.com (940) 349-8565 REQUESTOR: Staff initiated STAFF TIME TO COMPLETE REPORT: 2 hours PARTICIPATING DEPARTMENTS: Community Services City Manager’s Office Legal 29 H.B.A No.A 2071 AN ACT relating to certain public facilities, including public facilities used to provide affordable housing. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION A 1.AA Section 303.021 , Local Government Code, is amended by adding Subsection (d) to read as follows: (d)AA A corporation or a sponsor may finance, own, or operate a multifamily residential development only if: (1)AA the corporation or sponsor complies with all applicable provisions of this chapter; and (2)AA the development is located: (A)AA inside the area of operation of the sponsor, if the sponsor is a housing authority; or (B)AA if the sponsor is not a housing authority, inside the boundaries of the sponsor, without regard to whether the sponsor is authorized to own property or provide services outside the boundaries of the sponsor. SECTION A 2.AA Subchapter B , Chapter 303 , Local Government Code, is amended by adding Section 303.0415 to read as follows: Sec.A 303.0415.AA APPLICABILITY OF LAWS RELATING TO CONFLICT OF INTEREST. A member of the board of a corporation or a member of the governing body of a sponsor of a corporation is subject to the same restrictions as a local public official under Chapter 171 . SECTION A 3.AA The heading to Section 303.042 , Local Government 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 30 Code, is amended to read as follows: Sec.A 303.042.AA TAXATION; EXEMPTION. SECTION A 4.AA Subchapter B , Chapter 303 , Local Government Code, is amended by adding Section 303.0421, and a heading is added to that section to read as follows: Sec.A 303.0421.AA MULTIFAMILY RESIDENTIAL DEVELOPMENTS OWNED BY PUBLIC FACILITY CORPORATIONS. SECTION A 5.AA Section 303.0421, Local Government Code, as added by this Act, is amended by adding Subsections (a), (c), (d), (g), (h), and (i) to read as follows: (a)AA This section applies to a multifamily residential development that is owned by a corporation created under this chapter, except that this section does not apply to a multifamily residential development that: (1)AA has at least 20 percent of its residential units reserved for public housing units; (2)AA participates in the Rental Assistance Demonstration program administered by the United States Department of Housing and Urban Development; (3)AA receives financial assistance administered under Chapter 1372 , Government Code, or receives financial assistance from another type of tax-exempt bond; or (4)AA receives financial assistance administered under Subchapter DD , Chapter 2306 , Government Code. (c)AA A multifamily residential development that is owned by a corporation created under this chapter by a housing authority and to which Subsection (a) applies must hold a public hearing, at a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 H.B.A No.A 2071 2 31 meeting of the authority ’s governing body, to approve the development. (d)AA Notwithstanding Subsection (b), an occupied multifamily residential development that is acquired by a corporation and to which Subsection (a) applies is eligible for an exemption under Section 303.042 (c) for: (1)AA the one-year period following the date of the acquisition, regardless of whether the development complies with the requirements of Subsection (b); and (2)AA a year following the year described by Subdivision (1) only if the development comes into compliance with the requirements of Subsection (b) not later than the first anniversary of the date of the acquisition. (g)AA Subsection (f) does not apply to taxes imposed on a multifamily residential development by a conservation and reclamation district created under Section 52 , Article III, or Section 59 , Article XVI, Texas Constitution, that provides water, sewer, or drainage services to the development, unless the applicable corporation has entered into a written agreement with the district to make a payment to the district in lieu of taxation, in the amount specified in the agreement. (h)AA Subject to Subsection (i), an exemption under Section 303.042 (c) for a multifamily residential development to which Subsection (a) applies expires: (1)AA for an occupied multifamily residential development that is acquired by a corporation, on the 30th anniversary of the date of the acquisition by the corporation; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 H.B.A No.A 2071 3 32 (2)AA for a multifamily residential development not described by Subdivision (1), on the 60th anniversary of the date the development receives, from the corporation or the corporation ’s sponsor, the final approval under this chapter that is necessary to obtain the exemption. (i)AA An exemption under Section 303.042 (c) for a multifamily residential development to which Subsection (a) applies may be extended for the same term of years applicable to the length of the development ’s exemption under Subsection (h) if: (1)AA in the five-year period preceding the expiration of the exemption under Subsection (h), the corporation provides notice of the extension to the governing body of the municipality in which the development is located or, if the development is not located in a municipality, the county in which the development is located; (2)AA the extension is approved in the same manner as was required for the preceding approval of the exemption; and (3)AA the development is in compliance with, and maintains compliance with, this section and Section 303.0425. SECTION A 6.AA Section 303.042 (c), Local Government Code, is amended to read as follows: (c)AA Subject to Section 303.0421(h), a [A] corporation is engaged exclusively in performance of charitable functions and is exempt from taxation by this state or a municipality or other political subdivision of this state. Bonds issued by a corporation under this chapter, a transfer of the bonds, interest on the bonds, and a profit from the sale or exchange of the bonds are exempt from 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 H.B.A No.A 2071 4 33 taxation by this state or a municipality or other political subdivision of this state. SECTION A 7.AA Sections 303.042 (d), (e), and (f), Local Government Code, are transferred to Section 303.0421, Local Government Code, as added by this Act, redesignated as Sections 303.0421(b), (e), and (f), Local Government Code, and amended to read as follows: (b)AA Notwithstanding Section 303.042 (c) and subject to Subsections (c) and (d) of this section, an [(d) An] exemption under Section 303.042 (c) [this section] for a multifamily residential development to which Subsection (a) applies is available [which is owned by a public facility corporation created by a housing authority under this chapter and which does not have at least 20 percent of its units reserved for public housing units, applies] only if: (1)AA the requirements under Section 303.0425 are met [housing authority holds a public hearing, at a regular meeting of the authority ’s governing body, to approve the development]; [and] (2)AA at least: (A)AA 10 percent of the units in the multifamily residential development are reserved for occupancy as lower income housing units, as defined under Section 303.0425; and (B)AA 40 [50] percent of the units in the multifamily residential development are reserved for occupancy as moderate income housing units, as defined under Section 303.0425; (3)AA the corporation delivers to the presiding officer of the governing body of each taxing unit in which the development 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 H.B.A No.A 2071 5 34 is to be located written notice of the development, at least 30 days before the date: (A)AA the corporation takes action to approve a new multifamily residential development or the acquisition of an occupied multifamily residential development; and (B)AA of any public hearing required to be held under this section; (4)AA if a majority of the members of the board are not elected officials, the development is approved by the governing body of the municipality in which the development is located or, if the development is not located in a municipality, the county in which the development is located; (5)AA for an occupied multifamily residential development that is acquired by a corporation and not otherwise subject to a land use restriction agreement under Section 2306.185 , Government Code: (A)AA not less than 15 percent of the total gross cost of the existing development, as shown in the settlement statement, is expended on rehabilitating, renovating, reconstructing, or repairing the development, with initial expenditures and construction activities: (i)AA beginning not later than the first anniversary of the date of the acquisition; and (ii)AA finishing not later than the third anniversary of the date of the acquisition; or (B)AA at least 25 percent of the units are reserved for occupancy as lower income housing units, as defined under 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 H.B.A No.A 2071 6 35 Section 303.0425, and the development is approved by the governing body of the municipality in which the development is located or, if the development is not located in a municipality, the county in which the development is located; and (6)AA not less than 30 days before final approval of the development: (A)AA the corporation or corporation ’s sponsor conducts, or obtains from a professional entity that has experience underwriting affordable multifamily residential developments and does not have a financial interest in the applicable development, developer, or public facility user, an underwriting assessment of the proposed development that allows the corporation to make a good faith determination that: (i)AA for an occupied multifamily residential development acquired by a corporation, the total annual amount of rent reduction on the income-restricted units provided at the development will be not less than 60 percent of the estimated amount of the annual ad valorem taxes that would be imposed on the property without an exemption under Section 303.042 (c) for the second, third, and fourth years after the date of acquisition by the corporation; and (ii)AA for a newly constructed multifamily residential development, the development would not be feasible without the participation of the corporation; and (B)AA the corporation publishes on its Internet website a copy of the underwriting assessment described by Paragraph (A) [by individuals and families earning less than 80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 H.B.A No.A 2071 7 36 percent of the area median family income]. (e)AA For the purposes of Subsection (a) [(d)], a "public housing unit" is a residential [dwelling] unit for which the landlord receives a public housing operating subsidy. It does not include a unit for which payments are made to the landlord under the federal Section 8 Housing Choice Voucher Program. (f)AA Notwithstanding Sections 303.042 (a) and (b) and except as otherwise provided by this section [Subsections (a) and (b)], during the period [of time] that a corporation owns a particular public facility that is a multifamily residential development: (1)AA [,] a leasehold or other possessory interest in the real property of the public facility granted by the corporation shall be treated in the same manner as a leasehold or other possessory interest in real property granted by an authority under Section 379B.011 (b); and (2)AA the materials used by a person granted a possessory interest described by Subdivision (1) to improve the real property of the public facility shall be exempt from all sales and use taxes because the materials are for the benefit of the corporation. SECTION A 8.AA Subchapter B , Chapter 303 , Local Government Code, is amended by adding Sections 303.0425, 303.0426, and 303.0427 to read as follows: Sec.A 303.0425.AA ADDITIONAL REQUIREMENTS FOR BENEFICIAL TAX TREATMENT RELATING TO CERTAIN PUBLIC FACILITIES. (a) In this section: (1)AA "Developer" means a private entity that constructs 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 H.B.A No.A 2071 8 37 a development, including the rehabilitation, renovation, reconstruction, or repair of a development. (2)AA "Housing choice voucher program" means the housing choice voucher program under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 1437f). (3)AA "Lower income housing unit" means a residential unit reserved for occupancy by an individual or family earning not more than 60 percent of the area median income, adjusted for family size, as defined by the United States Department of Housing and Urban Development. (4)AA "Moderate income housing unit" means a residential unit reserved for occupancy by an individual or family earning not more than 80 percent of the area median income, adjusted for family size, as defined by the United States Department of Housing and Urban Development. (5)AA "Public facility user" means a public-private partnership entity or a developer or other private entity that has an ownership interest or a leasehold or other possessory interest in a public facility that is a multifamily residential development. (b)AA The percentage of lower and moderate income housing units reserved in each category of units in the development, based on the number of bedrooms per unit, must be the same as the percentage of each category of housing units reserved in the development as a whole. (c)AA The monthly rent charged per unit may not exceed: (1)AA for a lower income housing unit, 30 percent of 60 percent of the area median income, adjusted for family size, as 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 H.B.A No.A 2071 9 38 defined by the United States Department of Housing and Urban Development; or (2)AA for a moderate income housing unit, 30 percent of 80 percent of the area median income, adjusted for family size, as defined by the United States Department of Housing and Urban Development. (d)AA In calculating the income of an individual or family for a lower or moderate income housing unit, the public facility user must use the definition of annual income described in 24 C.F.R. Section 5.609, as implemented by the United States Department of Housing and Urban Development. If the income of a tenant exceeds an applicable limit at the time of the renewal of a lease agreement for a residential unit, the provisions of Section 42(g)(2)(D), Internal Revenue Code of 1986, apply in determining whether the unit may still qualify as a lower or moderate income housing unit. (e)AA The public facility user may not: (1)AA refuse to rent a residential unit to an individual or family because the individual or family participates in the housing choice voucher program; or (2)AA use a financial or minimum income standard that requires an individual or family participating in the housing choice voucher program to have a monthly income of more than 250 percent of the individual ’s or family ’s share of the total monthly rent payable for a unit. (f)AA A public facility user may require an individual or family participating in the housing choice voucher program to pay the difference between the monthly rent for the applicable unit and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 H.B.A No.A 2071 10 39 the amount of the monthly voucher if the amount of the voucher is less than the rent. (g)AA A corporation that owns or leases to a public facility user a public facility used as a multifamily residential development shall publish on its Internet website information about the development ’s: (1)AA compliance with the requirements of this section; and (2)AA policies regarding tenant participation in the housing choice voucher program. (h)AA The public facility user shall: (1)AA affirmatively market available residential units directly to individuals and families participating in the housing choice voucher program; and (2)AA notify local housing authorities of the multifamily residential development ’s acceptance of tenants in the housing choice voucher program. (i)AA Each lease agreement for a residential unit in a multifamily residential development subject to this section must provide that: (1)AA the landlord may not retaliate against the tenant or the tenant ’s guests by taking an action because the tenant established, attempted to establish, or participated in a tenant organization; (2)AA the landlord may only choose to not renew the lease if the tenant: (A)AA is in material noncompliance with the lease, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 H.B.A No.A 2071 11 40 including nonpayment of rent; (B)AA committed one or more substantial violations of the lease; (C)AA failed to provide required information on the income, composition, or eligibility of the tenant ’s household; or (D)AA committed repeated minor violations of the lease that: (i)AA disrupt the livability of the property; (ii)AA adversely affect the health and safety of any person or the right to quiet enjoyment of the leased premises and related development facilities; (iii)AA interfere with the management of the development; or (iv)AA have an adverse financial effect on the development, including the failure of the tenant to pay rent in a timely manner; and (3)AA to not renew the lease, the landlord must serve a written notice of proposed nonrenewal on the tenant not later than the 30th day before the effective date of nonrenewal. (j)AA A tenant may not waive the protections provided by Subsection (i). (k)AA Requirements under this subchapter relating to the reservation of income-restricted residential units or income restrictions applicable to tenants of a multifamily residential development subject to this subchapter must be documented in a land use restriction agreement or a similar restrictive instrument that: (1)AA ensures that the applicable restrictions are in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 H.B.A No.A 2071 12 41 effect for not less than 10 years; and (2)AA is recorded in the real property records of the county in which the development is located. (l)AA An agreement or instrument recorded under Subsection (k) may be terminated if the development that is the subject of the agreement or instrument: (1)AA is the subject of a foreclosure sale; or (2)AA becomes ineligible for an exemption under Section 303.042 (c) for a reason other than the failure to comply with restrictions recorded in the agreement or instrument. Sec.A 303.0426.AA AUDIT REQUIREMENTS FOR CERTAIN MULTIFAMILY RESIDENTIAL DEVELOPMENTS. (a) In this section: (1)AA "Department" means the Texas Department of Housing and Community Affairs. (2)AA "Developer" has the meaning assigned by Section 303.0425. (3)AA "Public facility user" has the meaning assigned by Section 303.0425. (b)AA A public facility user of a multifamily residential development claiming an exemption under Section 303.042 (c) and to which Section 303.0421 applies must annually submit to the department and the chief appraiser of the appraisal district in which the development is located an audit report for a compliance audit, prepared at the expense of the public facility user and conducted by an independent auditor or compliance expert with an established history of providing similar audits on housing compliance matters, to: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 H.B.A No.A 2071 13 42 (1)AA determine whether the public facility user is in compliance with Sections 303.0421 and 303.0425; and (2)AA identify the difference in the rent charged for income-restricted residential units and the estimated maximum market rents that could be charged for those units without the rent or income restrictions. (c)AA Not later than the 60th day after the date of receipt of the audit conducted under Subsection (b), the department shall examine the audit report and publish a report summarizing the findings of the audit. The report must: (1)AA be made available on the department ’s Internet website; (2)AA be issued to a public facility user that has an interest in a development that is the subject of an audit, the comptroller, the applicable corporation, the governing body of the corporation ’s sponsor, and, if the corporation ’s sponsor is a housing authority, the elected officials who appointed the housing authority ’s governing board; and (3)AA describe in detail the nature of any failure to comply with the requirements in Sections 303.0421 and 303.0425. (d)AA If an audit report submitted under Subsection (b) indicates noncompliance with Sections 303.0421 and 303.0425, a public facility user: (1)AA must be given: (A)AA written notice from the department or appropriate appraisal district that: (i)AA is provided not later than the 45th day 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 H.B.A No.A 2071 14 43 after the date a report has been submitted under Subsection (b); (ii)AA specifies the reasons for noncompliance; (iii)AA contains at least one option for a corrective action to resolve the noncompliance; and (iv)AA informs the public facility user that failure to resolve the noncompliance will result in the loss of an exemption under Section 303.042 (c); (B)AA 60 days after the date notice is received under this subdivision, to resolve the matter that is the subject of the notice; and (C)AA if a matter that is the subject of a notice provided under this subdivision is not resolved to the satisfaction of the department and the appropriate appraisal district during the period provided by Paragraph (B), a second notice that informs the public facility user of the loss of the exemption under Section 303.042 (c) due to noncompliance with Sections 303.0421 and 303.0425; and (2)AA is considered to be in compliance with Sections 303.0421 and 303.0425 if notice under Subdivision (1)(A) is not provided as specified by Subparagraph (i) of that paragraph. (e)AA An exemption under Section 303.042 (c) does not apply for a tax year in which a multifamily residential development that is owned by a public facility corporation created under this chapter is determined by the department based on an audit conducted under Subsection (b) to not be in compliance with the requirements of Section 303.0421 or 303.0425. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 H.B.A No.A 2071 15 44 (f)AA The initial audit report required by Subsection (b) is due not later than June 1 of the year following the first anniversary of: (1)AA the date of acquisition for an occupied multifamily residential development that is acquired by a corporation; or (2)AA the date a new multifamily residential development first becomes occupied by one or more tenants. (g)AA Subsequent audit reports following the issuance of the initial audit report under Subsection (f) are due not later than June 1 of each year. (h)AA An independent auditor or compliance expert may not prepare an audit under Subsection (b) for more than three consecutive years for the same public facility user. After the third consecutive audit, the independent auditor or compliance expert may prepare an audit only after the second anniversary of the preparation of the third consecutive audit. (i)AA The department shall adopt forms and reporting standards for the auditing process. (j)AA An audit conducted under Subsection (b) is subject to disclosure under Chapter 552 , Government Code, except that information containing tenant names, unit numbers, or other tenant identifying information may be redacted. Sec.A 303.0427.AA STUDY OF TAX EXEMPTIONS FOR MULTIFAMILY RESIDENTIAL DEVELOPMENTS OWNED BY PUBLIC FACILITY CORPORATIONS. (a) In this section, "board" means the Legislative Budget Board. (b)AA The board shall conduct a study that assesses the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 H.B.A No.A 2071 16 45 long-term effects on the state ’s funding and revenue, including funding for public education, of ad valorem tax exemptions and sales and use tax exemptions for multifamily housing developments under Sections 303.042 (c) and 303.0421(f). (c)AA Not later than December 10, 2024, the board shall submit to the governor, the lieutenant governor, and the speaker of the house of representatives a report on the results of the study. The report must include an estimate of: (1)AA the funding or revenue that the state has lost as a result of the exemptions; and (2)AA the potential increase in funding or revenue that would result from the repeal of the exemptions. (d)AA The board may delegate any authority granted to the board under this section that the board determines is necessary to conduct the study under this section. (e)AA This section expires January 1, 2025. SECTION A 9.AA Section 392.005 , Local Government Code, is amended by amending Subsections (c) and (d) and adding Subsection (c-1) to read as follows: (c)AA An exemption under this section for a multifamily residential development which is owned by [(i) a public facility corporation created by a housing authority under Chapter 303 , (ii)] a housing development corporation[,] or [(iii)] a similar entity created by a housing authority, other than a public facility corporation created by a housing authority under Chapter 303 , and which does not have at least 20 percent of its residential units reserved for public housing units, applies only if: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 H.B.A No.A 2071 17 46 (1)AA the authority holds a public hearing, at a regular meeting of the authority ’s governing body, to approve the development; and (2)AA at least 50 percent of the units in the multifamily residential development are reserved for occupancy by individuals and families earning less than 80 percent of the area median [family] income, adjusted for family size. (c-1)AA An exemption under this section for a multifamily residential development which is owned by a public facility corporation created by a housing authority under Chapter 303 applies only if: (1)AA at least 50 percent of units in the multifamily residential development are reserved for occupancy by individuals and families earning not more than 80 percent of the area median income, adjusted for family size; and (2)AA the development: (A)AA has at least 20 percent of its residential units reserved for public housing units; (B)AA participates in the Rental Assistance Demonstration program administered by the United States Department of Housing and Urban Development; (C)AA receives financial assistance administered under Chapter 1372 , Government Code, or receives financial assistance from another type of tax-exempt bond; or (D)AA receives financial assistance administered under Subchapter DD , Chapter 2306 , Government Code. (d)AA For the purposes of Subsections [Subsection] (c) and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 H.B.A No.A 2071 18 47 (c-1), a "public housing unit" is a residential [dwelling] unit for which the owner receives a public housing operating subsidy. It does not include a unit for which payments are made to the landlord under the federal Section 8 Housing Choice Voucher Program. SECTION A 10.AA (a) Subject to Subsections (b), (c), and (d) of this section, Sections 303.0421 and 303.0425, Local Government Code, as added by this Act, apply only to a tax imposed for a tax year beginning on or after the effective date of this Act. (b)AA Subject to Subsections (c) and (d) of this section, Sections 303.0421 and 303.0425, Local Government Code, as added by this Act, apply only to a multifamily residential development that is approved on or after the effective date of this Act by a public facility corporation or the sponsor of a public facility corporation, in accordance with Chapter 303 , Local Government Code. A multifamily residential development that was approved by a public facility corporation or the sponsor of a public facility corporation before the effective date of this Act is governed by the law in effect on the date the development was approved by the corporation or sponsor, and the former law is continued in effect for that purpose. (c)AA Subject to Subsection (d) of this section, Section 303.0421(d), Local Government Code, as added by this Act, applies only to an occupied multifamily residential development that is acquired by a public facility corporation on or after the effective date of this Act. An occupied multifamily residential development that is acquired by a public facility corporation before the effective date of this Act is governed by the law in effect on the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 H.B.A No.A 2071 19 48 date the development was acquired by the public facility corporation, and the former law is continued in effect for that purpose. (d)AA Notwithstanding any other provision of this section: (1)AA Section 303.0426, Local Government Code, as added by this Act, applies to all multifamily residential developments to which Section 303.0421 applies and with respect to which an exemption is sought or claimed under Section 303.042 (c); and (2)AA the initial audit report required to be submitted under Section 303.0426(b), Local Government Code, as added by this Act, for a multifamily residential development that was approved or acquired by a public facility corporation before the effective date of this Act must be submitted by the later of: (A)AA the date established by Section 303.0426(f), Local Government Code, as added by this Act; or (B)AA June 1, 2024. SECTION A 11.AA Not later than January 1, 2024, the Texas Department of Housing and Community Affairs shall adopt rules necessary to implement Section 303.0426, Local Government Code, as added by this Act. SECTION A 12.AA This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39 , Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 H.B.A No.A 2071 20 49 ____________________________________________________________ AAAA President of the Senate Speaker of the House AAAAAA I certify that H.B. No. 2071 was passed by the House on April 26, 2023, by the following vote:AA Yeas 142, Nays 5, 2 present, not voting; and that the House concurred in Senate amendments to H.B. No. 2071 on May 25, 2023, by the following vote:AA Yeas 115, Nays 20, 3 present, not voting. ______________________________ Chief Clerk of the House AAA I certify that H.B. No. 2071 was passed by the Senate, with amendments, on May 19, 2023, by the following vote:AA Yeas 28, Nays 3. ______________________________ Secretary of the Senate AAA APPROVED: __________________ AAAAAAAAAAAAAAAAA Date AAAAAAA AAAAAAAAA __________________ AAAAAAAAAAAAAAA Governor AAAAAAA H.B.A No.A 2071 21 50 August 4, 2023 Report No. 2023-051       INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Fleet Purchase Under Delegation of Authority EXECUTIVE SUMMARY: A Multihog sweeper was purchased by Fleet Services for the Denton Drainage Department under the delegation of authority approved by Ordinance 22-1269. The sweeper was budgeted in FY 21- 22 as an addition to the fleet. This Multihog sweeper is a smaller version of a full-size sweeper, used in smaller areas to collect debris and clean the roads as it is easily maneuvered and does not require a commercial driver’s license to operate. BACKGROUND: In late 2019, the City began experiencing challenges in securing materials and supplies due to supply chain issues. Conditions worsened and began to affect several operational areas including Fleet Services. Vehicle lead times grew close to a year under the organization’s normal acquisition process. At times, vehicles and equipment become available through other avenues such as dealer inventory, lease-to-own opportunities, and unclaimed allocations from non-contract Original Equipment Manufacturers (OEM). Staff requested a Delegation of Authority for Fleet Services allowing the City to move quickly when opportunities present to procure vehicles or equipment outside the organization’s normal acquisition process. On June 28, 2022, City Council approved Ordinance 22-1269 providing for the delegation under the following conditions: 1) City Manager, or their designee, will be allowed to sign contracts or other required documentation with OEM suppliers to purchase a vehicle for a city utility or public safety department (which cost that has been approved through the budget process) through the following means: a) Fleet Services will review any available procured contracts (i.e. City of Denton contracts, co-operative contracts, and other City contracts with piggyback options). Fleet Services will use such a contract if available. Once such contract is located, City Manager, or their designee, will be able to execute the appropriate documentation to purchase under the contract. b) In the event there is not a procured contract that can be used for the purchase, and the purchase is required to protect the health and safety of City of Denton residents, Fleet Services will work with the relevant utility or public safety department to prepare a declaration of emergency that will detail why the purchase had to go outside of the normal process and how health and safety are at issue to be reviewed and approved by Purchasing and Legal. 51 August 4, 2023 Report No. 2023-051       c) In the event there is not a procured contract that can be used for the purchase, and the purchase is required to protect the health and safety of City of Denton residents, Fleet Services will work with the relevant utility or public safety department to conduct an emergency purchase as outlined in the City’s Procurement Policy. d) Fleet Services will provide a report to City Council in the Friday Report, or other appropriate method, regarding any vehicles purchased with this authority, the cost, any markup or discounts received, and a running total of each department’s vehicle budget as the funds are used. 2) This delegation of authority is time limited to the earlier of three years or when market conditions return to normal. DISCUSSION: A Multihog sweeper was recently located at Reliance Truck and Equipment, LLC. The dealership is under contract with Sourcewell 111522-MUL for the purchase of Airport Runway Equipment. Chapter 791 of the Texas Government Code authorizes respective participating governments to enter into agreements for the purchase of goods and services. The Agreement allows both entities to utilize contracts for goods and services competitively solicited by the other party to the contract. The solicitation process followed by both entities meets all statutory procurement requirements per Local Government Code 271.102. The purchase of the sweeper will allow Drainage staff to efficiently clean bike paths and tight areas around the city, allowing residents to access those areas safely and effectively. EXHIBITS Exhibit 1 Sales Quote STAFF CONTACT: Dustin Rolfe Fleet Superintendent Dustin.Rolfe@cityofdenton.com (940) 349-8438 52 Quote #: 202300449 Quote Date: 7/5/2023 Quote Valid Until: 9/20/2023 9818 Green Road Converse, TX 78109 Prepared By: Phone: E-Mail: Quote For: City of Denton Daniel Kremer daniel.kremer@cityofdenton.com 401 N Elm St, Denton, Texas 76201 United States Equipment - Model Type Delivery Freight Quote Total Per Unit Multihog CV 350 - Sweeper Sweepers 30 Days City of Denton $167387.76 Equipment Detail Quantity Equipment Description 1 Multihog CV 350 1 High pressure wash-down Pump and Lance with retractable hose reel. 1 Cooper Discoverer 245/70/16 1 Aircon 1 3 Camera kit; Reversing Camera with camera mounted on rear of hopper lid, a second camera to the front of the suction hood and a third camera to the rear of the suction hood 1 In-cab. Electronic ground pressure control for front mounted sweeping brushes 1 900mm Poly/steel mix brush 1 Wander hose 1 Cruise Control 1 Vacuum gauge mounted in driver’s cabin 1 LED flashers mounted on rear of suction hopper 1 LED front work lights 1 LED flashers front 1 Rain water drain (hose pipe connection to recirculating tank drain valve) 1 CV350 Sweeper 75HP Final diesel engine 1 Gross vehicle weight 3500kg 53 Quantity Equipment Description 1 4x4 Central Lock 1 3 speed transmission 1 3 drive modes – Road , work and sweep 1 Independent spring and damper suspension 1 Spacious, panoramic driver cab with cushioned mounting system 1 High Back Air Suspension driver seat with 3-point seatbelt and head rest 1 In Cab Pollen Filter 1 Heavy duty cooling system for engine, charge air and oil cooling with twin variable speed fans. 1 Hose length-10m. Maximum pressure -170 bar. Maximum flow-22 l/m. 1 Standard 3500kg (7,716lbs) gross vehicle weight Additional Requests Quantity Description 1 10 brush heads 1 Sourcewell Number 111522-MUL. Discount is 5% off list and a $7000 discount on a demo unit on the ground. 54 Terms and Conditions Please read carefully. This quote becomes a sales order if signed by customer. Please, notify of any changes needed within five (5) days of signing. X____________________________________________ Date:_________________ Daniel Kremer or Company Representative By signing I confirm I have read and understand the terms and conditions on this Order. Reliance Truck and Equipment would like to thank you for your time and the opportunity to earn your business! 55 Friday Report - Council RequestsSummary of RequestCouncil Member Requestor Date Received Staff AssignedDepartmentCommentsActionStatus1Sharing resident's concerns regarding DCTAservice failures.Council Member Byrd08/03/23Jennifer RaineyCMOInformation will be included in afuture Friday Report.In Progress2Sharing resident's concerns regarding camps atvarious addresses.Mayor Hudspeth08/03/23Danielle ShawCommunity ServicesResident contacted. HOT teamand CIS will inspect andaddress.Complete3Request for updated information on land and trailacquisition goalsCouncil Member Meltzer08/02/23Gary PackanParksInformation will be included inthe August 4 Friday Report.Complete4Request for HOT team and CIS assistance nearPagetown cemetery.Mayor Hudspeth08/01/23Danielle ShawCommunity ServicesHOT team and CIS inspected.Area inactive and cleared.Complete5Request to evaluate crosswalk at Long Ridge andTeasley for correct operabilityCouncil Member Meltzer08/01/23Becky Diviney, Ethan Cox Public Works-TrafficInformation will be included inthe August 4 Friday Report.Complete6Request to review sewer line locations betweenHickory and Oak.Council Member Meltzer07/31/23Stephen Gay, Trevor Crain Capital Projects/Engineering/Public WorksWastewaterInformation will be included inthe August 4 Friday Report.Complete7Inquiry into Avenue D connection to I-35 accessroad.Council Member McGee07/31/23Becky DivineyCapital Projects/Engineering/Public Works Information will be included inthe August 4 Friday Report.Complete8Sharing residents' natatorium concerns emails. Council Member Holland07/30/23Gary PackanParksResponse via email to Council. Complete9Request to communicate to TxDOT the lack oflighting on US 380, between Bell and Loop 288.Council Member Byrd07/28/23Becky DivineyCapital Projects/Engineering/Public Works Information will be included inthe August 4 Friday Report.Complete10Trees/shrubs obscuring the view for vehicles turningfrom Redwood Place onto US 380.Council Member Byrd07/28/23Danielle ShawCommunity ServicesCIS will inspect and addressany violations.Complete11Two Minute Pitch: Formation of a CharterAmendment Committee Work Session.Mayor Pro Tem Beck07/27/23Ryan AdamsCMOScheduled for August 15Council meeting.ScheduledPage 1 of 1Exported on August 4, 2023 2:03:41 PM CDT56 FY 22/23 Council Requests Number of Requests Per Quarter Total Requests Made by Council Member Requests by Department Please Note: the total number of requests per council member or department may not match, as several council members and/ or departments may be associated with a single request. Council Requests 11 Number of Pending Requests by Council Member 57 Meeting Calendar City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Criteria : Begin Date: 8/1/2023, End Date: 10/31/2023 Date Time Meeting LocationMeeting Body August 2023 8/1/2023 11:00 AM City Council Development Service Center 8/1/2023 11:00 AM Northeast Denton Area Plan Steering Committee Development Service Center 8/1/2023 11:00 AM Planning and Zoning Commission Development Service Center 8/1/2023 2:00 PM City Council Council Work Session Room & Council Chambers 8/3/2023 8:00 AM Agenda Committee CANCELLED 8/3/2023 8:30 AM Economic Development Partnership Board Development Service Center 8/3/2023 4:00 PM Public Art Committee Civic Center Community Room 8/5/2023 9:00 AM City Council Council Work Session Room 8/7/2023 5:30 PM Board of Ethics Council Work Session Room 8/7/2023 6:00 PM Parks, Recreation and Beautification Board Civic Center Community Room 8/8/2023 9:00 AM Committee on the Environment Council Work Session Room 8/9/2023 11:00 AM Economic Development Partnership Board CANCELLED 8/9/2023 3:00 PM Airport Advisory Board Airport Terminal Meeting Room 8/9/2023 5:00 PM Planning and Zoning Commission Council Work Session Room & Council Chambers 8/10/2023 1:00 PM Health & Building Standards Commission Development Service Center 8/11/2023 12:00 PM Community Services Advisory Committee Development Service Center 8/11/2023 1:00 PM Bond Oversight Committee Development Service Center 8/14/2023 9:00 AM Public Utilities Board Council Work Session Room 8/14/2023 10:00 AM Development Code Review Committee Development Service Center 8/14/2023 5:30 PM Historic Landmark Commission CANCELLED 8/14/2023 5:30 PM Library Board Emily Fowler Central Library Page 1City of Denton Printed on 8/4/2023 58 Date Time Meeting LocationMeeting Body Meeting Calendar continued... 8/15/2023 2:00 PM City Council Council Work Session Room & Council Chambers 8/23/2023 10:00 AM Mobility Committee Council Work Session Room 8/23/2023 5:00 PM Planning and Zoning Commission Council Work Session Room & Council Chambers 8/25/2023 1:00 PM Sustainability Framework Advisory Committee Council Work Session Room 8/28/2023 9:00 AM Public Utilities Board Council Work Session Room 8/28/2023 10:00 AM Development Code Review Committee Development Service Center 8/28/2023 5:30 PM Zoning Board of Adjustment Development Service Center September 2023 9/7/2023 8:00 AM Agenda Committee Council Work Session Room 9/7/2023 8:30 AM Economic Development Partnership Board Development Service Center Training Rooms 9/11/2023 9:00 AM Public Utilities Board Council Work Session Room 9/11/2023 10:00 AM Development Code Review Committee Development Service Center 9/11/2023 5:30 PM Historic Landmark Commission Development Service Center 9/11/2023 5:30 PM Library Board North Branch Library 9/11/2023 6:00 PM Parks, Recreation and Beautification Board Civic Center Community Room 9/12/2023 9:00 AM Committee on the Environment Council Work Session Room 9/12/2023 2:00 PM City Council Council Work Session Room & Council Chambers 9/13/2023 11:00 AM Economic Development Partnership Board Development Service Center Training Rooms 9/13/2023 3:00 PM Airport Advisory Board Airport Terminal Meeting Room 9/14/2023 3:00 PM Health & Building Standards Commission Development Service Center 9/19/2023 2:00 PM City Council Council Work Session Room & Council Chambers 9/22/2023 1:00 PM Sustainability Framework Advisory Committee Council Work Session Room 9/25/2023 9:00 AM Public Utilities Board Council Work Session Room 9/25/2023 10:00 AM Development Code Review Committee Development Service Center 9/25/2023 5:30 PM Zoning Board of Adjustment Development Service Center Page 2City of Denton Printed on 8/4/2023 59 Date Time Meeting LocationMeeting Body Meeting Calendar continued... 9/26/2023 2:00 PM City Council Council Work Session Room & Council Chambers 9/27/2023 10:00 AM Mobility Committee Council Work Session Room 9/27/2023 12:00 PM Downtown Denton Tax Increment Financing Zone No. 1 Board Development Service Center Training Rooms 9/27/2023 5:00 PM Planning and Zoning Commission Council Work Session Room & Council Chambers October 2023 10/5/2023 8:00 AM Agenda Committee Council Work Session Room 10/5/2023 8:30 AM Economic Development Partnership Board Development Service Center Training Rooms 10/9/2023 9:00 AM Public Utilities Board Council Work Session Room 10/9/2023 10:00 AM Development Code Review Committee Development Service Center 10/9/2023 5:30 PM Historic Landmark Commission Development Service Center 10/9/2023 5:30 PM Library Board South Branch Library 10/10/2023 9:00 AM Committee on the Environment Council Work Session Room 10/11/2023 11:00 AM Economic Development Partnership Board Development Service Center Training Rooms 10/11/2023 3:00 PM Airport Advisory Board Airport Terminal Meeting Room 10/11/2023 5:00 PM Planning and Zoning Commission Council Work Session Room & Council Chambers 10/12/2023 3:00 PM Health & Building Standards Commission Development Service Center 10/16/2023 5:30 PM Traffic Safety Commission Development Service Center 10/17/2023 2:00 PM City Council Council Work Session Room & Council Chambers 10/23/2023 10:00 AM Development Code Review Committee Development Service Center 10/24/2023 2:00 PM City Council Council Work Session Room & Council Chambers 10/25/2023 10:00 AM Mobility Committee Council Work Session Room 10/25/2023 5:00 PM Planning and Zoning Commission Council Work Session Room & Council Chambers 10/27/2023 1:00 PM Sustainability Framework Advisory Committee Council Work Session Room Page 3City of Denton Printed on 8/4/2023 60 Date Time Meeting LocationMeeting Body Meeting Calendar continued... 10/30/2023 5:30 PM Zoning Board of Adjustment Development Service Center Page 4City of Denton Printed on 8/4/2023 61 City of Denton Meeting Agenda City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com City Council Council Work Session Room & Council Chambers 2:00 PMTuesday, August 15, 2023 WORK SESSION BEGINS AT 2:00 P.M. IN THE COUNCIL WORK SESSION ROOM CLOSED MEETING BEGINS IMMEDIATELY FOLLOWING THE WORK SESSION IN THE COUNCIL WORK SESSION ROOM REGULAR MEETING BEGINS AT 6:30 P.M. IN THE COUNCIL CHAMBERS REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL Individuals may speak during a Council meeting under one of the following categories: Open Microphone: At regular meetings only, individuals can speak on any topic that is not on the agenda for no longer than four (4) minutes per individual. This portion of the meeting occurs immediately after the start of the regular meeting session. Please note, Council members cannot engage in a discussion on topics presented during this portion and there are limited slots available for this portion of the meeting. Comments on Agenda Items: Public comments can be given for any item considered by the Council, EXCEPT work session reports or closed meetings. Individuals are only able to comment one time per agenda item and cannot use more than one method to comment on a single agenda item. Public comments are limited to three (3) minutes per citizen. Public Hearing Items: Individuals are limited to four (4) minutes per public hearing item. _________________________________________________________________________________ Individuals may participate by using one of the following methods: 1. In Person for Regular or Consent Agenda Items: To provide in-person comments regular or consent agenda items (excluding public hearing items), Individuals must be present at the meeting and submit a speaker card (available at the meeting location) to the City Secretary prior to the item being called. 2. In Person for Public Hearing Items: For public hearing items, speaker cards are encouraged but not required. Page 1 Printed on 8/4/2023 62 August 15, 2023City Council Meeting Agenda 3. eComment: The agenda is posted online at www.cityofdenton.com/publicmeetings. Once the agenda is posted, a link to make virtual comments using the eComment module will be made available next to the meeting listing on the Upcoming Events Calendar. Using eComment, Individuals may indicate support or opposition and submit a brief comment about a specific agenda item. eComments may be submitted up until the start of the meeting at which time the ability to make an eComment will be closed. eComments will be sent directly to members of the City Council immediately upon submission and recorded by the City Secretary into the Minutes of the Meeting. 4. By Phone: Individuals may register to provide comments by phone. Instructions and a link to register to comment by phone will be available at www.cityofdenton.com/publicmeetings until noon of the meeting date. Residents will submit contact information using the link provided and receive further instructions via email on how to join the meeting by phone and provide comments. _________________________________________________________________________________ After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, August 15, 2023, at 2:00p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on any item listed on the Consent Agenda prior to its consideration. Each speaker will be given a total of three (3) minutes to address any item(s). Any person who wishes to address the City Council regarding these items may do so by utilizing the "By Phone" registration process as referenced under the REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL detailed at the beginning of this agenda. Registration is required prior to the time the City Council considers this item. Registrants may call in and remain on hold or receive a call back at the time the Work Session is called to Order and are encouraged to ensure they remain accessible to accept the call. 2. Requests for clarification of agenda items listed on this agenda for public hearing and individual consideration. This section allows members of the City Council to ask questions on items listed on this agenda for public hearing and individual consideration. Responses to questions on items listed under the consent agenda that are received prior to the meeting are available by clicking on Exhibit 1 below. The responses will be available prior to the start of the meeting, when applicable. Any handouts distributed at the meeting will also be uploaded to the below link by 12:00 p.m. on the business day following the meeting. Members of the Council may remove items from the consent agenda. When items are removed from the consent agenda and placed on the regular agenda by members of the council, the removed items shall be taken up in the order of removal right after the consent agenda. Meeting Questions, Responses & HandoutsID 23-641A. 3. Work Session Reports Page 2 Printed on 8/4/2023 63 August 15, 2023City Council Meeting Agenda Receive a report, hold a discussion, and give staff direction regarding the Fiscal Year 2023-24 Annual Internal Audit Plan. [Estimated Presentation/Discussion Time: 30 minutes] ID 23-597A. Receive a report, hold a discussion, and give staff direction regarding Audit Project 005 - Utility Street Cuts: Second Follow-Up Review. [Estimated Presentation/Discussion Time: 15 minutes] ID 23-596B. Receive a report, hold a discussion, and give staff direction regarding the preliminary FY 2023-24 Proposed Budget, Tax Rate, Capital Improvement Program and Five-Year Financial Forecast. [Estimated Presentation/Discussion Time: 1 hour] ID 23-273C. Receive a report, hold a discussion, and give staff direction regarding an update on Municipal Utility Districts, Municipal Management Districts, and the City’s extraterritorial jurisdiction. [Estimated Presentation/Discussion Time: 1 hour] ID 23-1407D. Receive a report, hold a discussion, and give staff direction on pending City Council requests for: [Estimated Presentation/Discussion Time: 30 minutes] ID 23-221E. Following the completion of the Work Session, the City Council will convene in a Closed Meeting in the Council Work Session Room to consider specific item(s) when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. 1. Closed Meeting: Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the evaluation, duties, discipline, dismissal, compensation, and/or contract of the City Auditor. ID 23-965A. Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the evaluation, duties, discipline, dismissal, compensation, and/or contract of the Municipal Court Judge. ID 23-966B. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction pertaining to the potential purchase of real property situated in the John S. Dickson Survey, Abstract No. 342, and the Jasper C. Baker Survey, Abstract 47, both in the City ID 23-1457C. Page 3 Printed on 8/4/2023 64 August 15, 2023City Council Meeting Agenda of Denton, Denton County, Texas, located off of Teasley Road, where a public deliberation of such potential purchase would have a detrimental effect on the City’s position in negotiations with a third party. Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the Texas Government Code (the ‘Public Power Exception’). The City Council reserves the right to adjourn into a Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings Act, including, without limitation Sections 551.071-551.086 of the Texas Open Meetings Act. NOTE: Any item for which a formal action at the Regular Meeting has been taken by Council may be subject to a request for a motion for reconsideration at any time during the meeting, at the Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting will be placed on the agenda and considered at the next official meeting of the City Council. Following the Closed Meeting, the City Council will reconvene in Open Meeting to take action, if any, on matters discussed in closed session. _________________________________________________________________________________ AFTER DETERMINING THAT A QUORUM IS PRESENT, THE REGULAR MEETING OF THE CITY OF DENTON CITY COUNCIL WILL CONVENE AT 6:30 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, 215 E. MCKINNEY STREET, DENTON, TEXAS AT WHICH THE FOLLOWING ITEMS WILL BE CONSIDERED: 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag “Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and indivisible.” 2. PROCLAMATIONS/PRESENTATIONS Proclamation: National Payroll WeekID 23-1413A. 3. PRESENTATIONS FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Reports from members of the public shall be received through the following two (2) methods. A total of up to seven (7) speakers are permitted to provide public comment and may include any combination of prior registration and open microphone speakers. Page 4 Printed on 8/4/2023 65 August 15, 2023City Council Meeting Agenda 1) Pre-registration. This section of the agenda permits any person who has registered in advance to make a citizen report regarding a public business item he or she wishes to be considered by the City Council. Each speaker is allowed a maximum of four (4) minutes to present their report. At the conclusion of each report, the City Council may pose questions to the speaker or may engage in discussion. If the City Council believes that a speaker's report requires a more detailed review, the City Council will give the City Manager or City Staff direction to place the item on a future work session or regular meeting agenda and advise staff as to the background materials to be desired at such meeting. Mr. Stephen Dillenberg regarding the grandest conspiracy / fraud in the history of mankind. ID 23-1549a. Ms. Isabel Cano sharing a letter to Council regarding positive changes in Denton.ID 23-1550b. 2) Open Microphone. This section of the agenda permits any person who has not registered in advance for a citizen report to make comments about public business items not listed on the agenda. Such person(s) shall have registered using the “Virtual White Card” or “By Phone” process outlined by the City on its website or meeting notice. During open microphone reports under this section of the agenda, the Council may listen to citizens speak. However, because notice of the subject of the open microphone report has not been provided to the public in advance, the Texas Open Meetings Act limits any deliberation or decision by the Council to: a proposal to place the item on a future agenda; a statement of factual information; or a recitation of existing policy. Council Members may not ask the open microphone speakers questions or discuss the items presented during open microphone reports. NOTE: If audio/visual aids during presentations to Council are needed, they must be submitted to the City Secretary 24 hours prior to the meeting. 4. CONSENT AGENDA Each of these items is recommended by Staff or a board, commission, and committee. Approval thereof will be strictly on the basis of the those recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. For those items recommended by a specific board, commission, or committee, the agenda item will reference that recommendation. To view the video of the related board, commission, or committee meeting, as applicable, a link can be found within the applicable supporting documentation (Exhibit 1). Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – AP). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, the Consent Agenda Items will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. Consider approval of the minutes of the July 25 and August 1, 2023 Meetings.ID 23-040A. Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Airport Advisory Board, Animal Shelter Advisory Committee, Board of Ethics, Committee on Persons with Disabilities, Community Services Advisory Committee, ID 23-066B. Page 5 Printed on 8/4/2023 66 August 15, 2023City Council Meeting Agenda Denton Police Department Chief of Police Advisory Board, Health & Building Standards Commission, Historic Landmark Commission, Internal Audit Advisory Committee, Library Board, Parks, Recreation & Beautification Board, Planning & Zoning Commission, Public Art Committee, Public Utilities Board, Special Citizens Bond Advisory Committee, Sustainability Framework Advisory Committee, Traffic Safety Commission, and Zoning Board of Adjustment. Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City of Denton and Denton Affordable Housing Corporation for the payment and use of Nonprofit Capacity Support grant funding; providing for the expenditure of funds in an amount not to exceed $100,000; and providing an effective date. ID 23-1207C. Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City of Denton and PediPlace for the payment and use of Nonprofit Capacity Support grant funding; providing for the expenditure of funds in an amount not to exceed $230,781; and providing an effective date. ID 23-1209D. Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City of Denton and Habitat for Humanity for the payment and use of Nonprofit Capacity Support grant funding; providing for the expenditure of funds in an amount not to exceed $100,000; and providing an effective date. ID 23-1210E. Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City of Denton and Denton Christian Preschool for the payment and use of Nonprofit Capacity Support grant funding; providing for the expenditure of funds in an amount not to exceed $160,000; and providing an effective date. ID 23-1211F. Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City of Denton and North Texas Solutions for Recovery for the payment and use of Nonprofit Capacity Support grant funding; providing for the expenditure of funds in an amount not to exceed $200,000; and providing an effective date. ID 23-1212G. Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City of Denton and Denton County MHMR for the payment and use of Nonprofit Capacity Support grant funding; providing for the expenditure of funds in an amount not to exceed $125,000; and providing an effective date. ID 23-1213H. Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City of Denton and Project HOPE Family Enrichment Center for the payment and use of Nonprofit Capacity Support grant funding; providing for the expenditure of funds in an amount not to exceed $100,000; and providing an effective date. ID 23-1214I. Consider adoption of an ordinance of the City of Denton authorizing the City Manager to ID 23-1215J. Page 6 Printed on 8/4/2023 67 August 15, 2023City Council Meeting Agenda execute a funding agreement between the City of Denton and Health Services of North Texas for the payment and use of Nonprofit Capacity Support grant funding; providing for the expenditure of funds in an amount not to exceed $135,330; and providing an effective date. Consider approval of a resolution of the City of Denton, Texas authorizing the City Manager, or her designee, to sign a letter to acknowledge Generation Housing Partners, LLC’s Westview Heights at Denton project change to a property-tax-exempt structure for alteration to Resolution Number 22-165; and providing an effective date. ID 23-1452K. Consider adoption of an ordinance of the City of Denton ratifying a Quitclaim Deed dated August 14, 2007 (Instrument Number 2007-99232) by and between David Wayne Austin and Dwayne E. Hatcher; approving an Assignment of Airport Lease from Emily Schopper, Independent Administrator of the Estate of David Wayne Austin, deceased to Wayne and Maribeth Yarbrough covering property located at 918 Aeronca Drive, Denton, Texas at the Denton Enterprise Airport; authorizing the City Manager to execute the Assignment of Airport Lease and Consent Agreement; and providing an effective date. Airport Advisory Board recommends approval (X-X). ID 23-1312L. Consider adoption of an ordinance of the City of Denton approving an Assignment of Airport Lease from DTO 4858, LLC to GKY Holdings 1, LLC covering property located at 4858 Lockheed Lane, Denton, Texas at the Denton Enterprise Airport; amending the existing Airport lease; authorizing the City Manager to execute the Assignment of Airport Lease and related Ground Lessor Estoppel, the First Amendment, and Consent Agreement; and providing an effective date. Airport Advisory Board recommends approval (X-X). ID 23-1472M. Consider adoption of an ordinance approving a water and wastewater utility relocation standard utility agreement (“agreement”) by and between the City of Denton (“City”) and the Texas Department of Transportation (“TxDOT”), for the reimbursement of eligible costs incurred in the adjustment, removal, and relocation of City facilities of both water and wastewater utilities along I-35E from the Merge to US 380/University Utility Relocations Project (TxDOT row CSJ# 0195-02-074; U00018402), within the county and City of Denton, Texas; authorizing the City Manager, or designee, to execute and deliver the agreement; providing for the expenditure of funds in an amount not to exceed $20,773,015.32 for water and wastewater utility relocation efforts; and providing an effective date. ID 23-1427N. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager, or Designee, to execute Change Order No. 2 to the existing Advanced Funding Agreement between the City of Denton and the Texas Department of Transportation (TxDOT) for the relocation of public utility facilities along FM 2181 from Lillian Miller Parkway to west of FM 2499 in the City of Denton, Denton County, Texas; providing an effective date (CSJ 2054-02-015) - Change Order No. 2 in an amount not to exceed the sum of $160,358.78 for a total contract amount aggregated to ($2,377,095.59); authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval ( - ). ID 23-1437O. Page 7 Printed on 8/4/2023 68 August 15, 2023City Council Meeting Agenda Consider adoption of an ordinance of the City of Denton, Texas, appointing James Able as Assistant Judge for the City of Denton Municipal Court of Record; appointing Cynthia Burkett as Assistant Judge for the City of Denton Municipal Court of Record; appointing Kimberly Lafferty as Assistant Judge for the City of Denton Municipal Court of Record; appointing Ann Poston as Assistant Judge for the City of Denton Municipal Court of Record; appointing Colette Sallas as Assistant Judge for the City of Denton Municipal Court of Record; appointing Hyattye Simmons as Assistant Judge for the City of Denton Municipal Court of Record; authorizing expenditure of funds; authorizing notice of non-renewal of existing assistant judge contracts; authorizing the Mayor to execute a contract for term of office; ratifying terms of contract; and declaring an effective date. ID 23-1449P. Consider approval of a resolution amending the Southeast Denton Area Plan Steering Committee to add members. The Southeast Denton Area Plan is generally bounded by East McKinney Street to the north, South Bell Avenue to the west, Dallas Drive and Shady Oaks Drive to the south, and South Woodrow Lane to the east; and providing an effective date. SED23-0003Q. Consider adoption of an ordinance of the City of Denton, Texas Wastewater Utilities Oversize Cost Participation Agreement (Agreement) between the City of Denton (City) and Denton ICC 35, LLC (Developer) where the City desires to participate in the cost of designing, constructing, and installing a required "oversized" wastewater main to expand its utility system and insure adequate utility service to other customers, which “oversized wastewater main consists of approximately 3,608 linear feet of eighteen-inch (18”) wastewater main and all necessary appurtenances (Required Facilities). OPA23-0001R. Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or designee, to 1) execute an Interlocal Cooperation Agreement with Denton County for the sale and license of City owned property including: A)- executing a Contract of Sale of 2.364 acres of City owned land to Denton County for the purchase price of Five Hundred Fifty Thousand and 00/100 ($550,000.00), and B)- executing a License Agreement for approximately 8.662 acres of land for the purposes of the County Outdoor Nature Programming and other public uses, 2) accept $3,450,000.00 in Coronavirus State and Local Fiscal Recovery Funds (“SLRF”) under the American Rescue Plan (“ARPA”) funding to be used for the support, management and operation of the Denton Community Shelter; and 3)-the dedication from Denton County a 3.201 acre Public Trail Easement, in the Hiram Sisco Survey, Abstract Number 1184, and the J. Brock Survey, Abstract Number 55, all located in the City and County of Denton, Texas; providing for severability; and providing an effective date. ID 23-1454S. Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute and deliver to Legends Ranch a Temporary Construction Easement containing an approximate total of ____.00 square feet (___ acres) to construct water line infrastructure to the Legends Ranch development, located near ____ Road in the City and County of Denton, Texas for the for a total compensation amount of __________________ Dollars and 50/100 ($___.00); providing for severability; and providing an effective date. ID 23-1456T. Consider adoption of an ordinance of the City of Denton authorizing the City Manager to ID 23-1474U. Page 8 Printed on 8/4/2023 69 August 15, 2023City Council Meeting Agenda execute an Interlocal Cooperation Contract in the form of a Memorandum of Understanding with the State of Texas, Texas Department of Public Safety, authorizing the Denton Police Department to perform Uniform Commercial Vehicle Weight Inspections and Enforcement; and providing an effective date. Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an Interlocal Cooperation Contract in the form of a Memorandum of Understanding with the State of Texas, Texas Department of Public Safety, establishing responsibilities, policies, and guidelines for the Denton Police Department to conduct Federal Safety Regulation Inspections; and providing an effective date. ID 23-1475V. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Raba Kistner, Inc., for construction inspection services for the relocation of water and wastewater utilities along I-35 in support of the Texas Department of Transportation Freeway Widening Project for the Capital Projects Department as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7894-004 - professional services agreement for construction inspection services awarded to Raba Kistner, Inc., in the not-to-exceed amount of $1,050,000.00). ID 23-1486W. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of Change Order No. 4 to the contract between the City of Denton and Texas Materials Group, Inc., dba TexasBit, for the street construction of the Southeast Denton Package A Project for the Capital Improvements Department; providing for the expenditure of funds therefor; and providing an effective date (CSP 7896 - Change Order No. 4 in the not-to-exceed amount of $107,907.00, for a total contract award aggregated to $6,750,696.97). ID 23-1488X. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Wilson Contractor Services, LLC, for the Dry Fork Interceptor Project with geographical limits as follows: East of 35W from Corbin Road to Bonnie Brae Street for the Capital Projects Department; providing for the expenditure of funds therefor; and providing an effective date (CSP 8109 - awarded to Wilson Contractor Services, LLC, in the not-to-exceed amount of $2,726,367.38). ID 23-1492Y. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Techline, Inc., for the purchase of electric utility substation instrument transformers for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 8210 - awarded to Techline, Inc., for three (3) years, with the option for two (2) additional one (1) year extensions in the total five (5) year not-to-exceed amount of $755,410.00). ID 23-1494Z. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive proposals under CSP 8264 for the Pecan Creek Water Reclamation Plant Valve and Piping Improvement project for the Water Utilities Department; and providing an effective date (CSP 8264). ID 23-1498AA. Page 9 Printed on 8/4/2023 70 August 15, 2023City Council Meeting Agenda Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with J & B Five Point Construction, LLC, for winterization construction for the Denton Energy Center; providing for the expenditure of funds therefor; and providing an effective date (RFP 8267 - awarded to J & B Five Point Construction, LLC, in the not-to-exceed amount of $1,184,000.00). ID 23-1500AB. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Interfaith Ministries of Denton, Inc., for a utility assistance program for low-income households for the Customer Service Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 8269 - awarded to Interfaith Ministries of Denton, Inc., in the five (5) year not-to-exceed amount of $1,538,409.00). ID 23-1502AC. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with J.L. Matthews Company, Inc., for the supply of Lineman’s tools and accessories for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (IFB 8280 - awarded to J.L. Matthews Company, Inc., in the five (5) year not-to-exceed amount of $1,000,000.00). ID 23-1504AD. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with United Ag and Turf, an authorized dealer for Deere & Company, through the Sourcewell Cooperative Purchasing Network Contract Number 031121-DAC, for the purchase of mowers, utility vehicles, and attachments for the Fleet Department; authorizing the expenditure of funds therefor; and providing an effective date (File 8299 - awarded to United Ag and Turf, in the three (3) year not-to-exceed amount of $1,500,000.00). ID 23-1512AE. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with United Ag and Turf, an authorized dealer for Deere & Company, through the Sourcewell Cooperative Purchasing Network Contract Number 110719-JDC, for the purchase of tractors and attachments for the Fleet Department; authorizing the expenditure of funds therefor; and providing an effective date (File 8300 - awarded to United Ag and Turf, in the three (3) year not-to-exceed amount of $1,700,000.00). ID 23-1514AF. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a contract between the City of Denton and United Healthcare Insurance Company, amending the contract approved by the City Council on December 18, 2018, in the not-to-exceed amount of $11,393,000.00; said first amendment to provide additional stop loss coverage for the Risk Department and City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 6922 - providing for an additional first amendment expenditure amount not-to-exceed $2,000,000.00, with the total contract amount not-to-exceed $13,393,000.00). ID 23-1515AG. Page 10 Printed on 8/4/2023 71 August 15, 2023City Council Meeting Agenda Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a second amendment to a Professional Services Agreement between the City of Denton and D&S Engineering Labs, LLC, amending the contract approved by the City Council on September 14, 2021, in the not-to-exceed amount of $175,300.70; amended by Amendment 1 approved by Purchasing; said second amendment to provide materials testing for the Police Headquarters, Substation, and Firing Range for the Police Department; providing for the expenditure of funds therefor; and providing an effective date (File 7703-001 - providing for an additional second amendment expenditure amount not-to-exceed $80,000.00, with the total contract amount not-to-exceed $305,299.70). ID 23-1517AH. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Teague Nall and Perkins, Inc., for professional design services for the Denia Park Renovation Project for the Parks and Recreation Department as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7850-007 - Professional Services Agreement for landscape architect services awarded to Teague Nall and Perkins, Inc., in the not-to-exceed amount of $251,600.00). ID 23-1518AI. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Morris & McDaniel, Inc., for the development and administration of Police Civil Service Promotional Assessment Centers for the Police Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 8222 - awarded to Morris & McDaniel, Inc., for three (3) years not-to-exceed amount of $96,450.00). ID 23-1519AJ. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Placer Labs, Inc., for foot traffic analytics for the Economic Development Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 8227 - awarded to Placer Labs, Inc., for one (1) year, with the option for two (2) additional one (1) year extensions, in the total three (3) year not-to-exceed amount of $145,000.00). ID 23-1520AK. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, for the approval of a pre-qualified professional services list for project management services for various vertical construction projects for the Capital Improvements Projects Department; and providing an effective date (RFQ 8245 - for a three (3) year term). ID 23-1521AL. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Microsoft Corporation, through the Department of Information Resources (DIR) Cooperative Purchasing Network Contract No. DIR-CPO-4911, for the purchase of Microsoft Unified Support for the Technology Services Department; providing for the expenditure of funds therefor; and providing an effective date (File 8286 - awarded to Microsoft Corporation, in the five (5) year not-to-exceed amount of $650,000.00). ID 23-1523AM. Page 11 Printed on 8/4/2023 72 August 15, 2023City Council Meeting Agenda Consider adoption of an ordinance of the City of Denton repealing ordinance no. 17-250; approving a uniform emergency aid agreement template for the provision of aid by Denton Municipal Electric to other electric utilities and for other electric utilities’ provision of aid to Denton Municipal Electric, in times of wide spread system outages caused by weather, natural disaster, or equipment failure; authorizing the city manager, or designee, to execute the aid agreement as needed and provide notification to city council and the public utility board; authorizing the expenditure of funds therefor; and providing an effective date. ID 23-1532AN. Consider appointing a nominating committee to recommend appointees to serve on the Economic Development Partnership Board. ID 23-1424AO. Consider adoption of an ordinance of the City of Denton granting Denton Parks Foundation, a three-year noise exemption for the Dog Days of Denton events to be held on Saturday, September 9, 2023, Saturday, September 7, 2024, and Saturday, September 6, 2025, from 9 a.m. to 3 p.m., at Quakertown Park and the Civic Center Pool; and providing an effective date. The Parks, Recreation, and Beautification Board recommends approval (x-x). ID 23-1463AP. 5. PUBLIC HEARINGS Consider adoption of an ordinance of the city of Denton, Texas approving an Alternative Environmentally Sensitive area plan for a site generally located south of U.S. Highway 380 approximately 1,650 feet west of the intersection of U.S. Highway 380 and N. Western Boulevard, in, in the city of Denton, Denton county, Texas; adopting an amendment to the city’s official environmentally sensitive areas map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (AESA22-0003c) AESA22-000 3c A. Hold a public hearing and consider adoption of an Ordinance for a Comprehensive Plan Amendment to modify the Future Land Use Map to change the designation from Business Center to Moderate Residential. The 24-acre property is generally located on the west side of North Mayhill Road, approximately 250 feet north of Russell Newman Boulevard, in the City of Denton, Denton County, Texas; adopting an amendment to the City’s official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted [#-#] to recommend _______ of the request. Motion for approval by Commissioner ____ and second by Commissioner _____. (CA23-0001a, Mayhill Road Multifamily, Julie Wyatt). CA23-0001aB. Hold a public hearing and consider adoption of an Ordinance for a zoning change from Light Industrial (LI) District to Residential (R7) District. The 24-acre site is generally located on the west side of North Mayhill Road, approximately 250 feet north of Russell Newman Boulevard, in the City of Denton, Denton County, Texas; adopting an amendment to the City’s official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted [#-#] to recommend _______ of the request. Motion for approval by Commissioner ____ and second by Commissioner Z23-0006aC. Page 12 Printed on 8/4/2023 73 August 15, 2023City Council Meeting Agenda _____. (Z23-0006a, Mayhill Road Multifamily, Julie Wyatt). Hold a public hearing and adoption of a Ordinance for a Specific Use Permit to allow for a multifamily residential use on approximately 24 acres of land. The property is generally located on the west side of North Mayhill Road, approximately 250 feet north of Russell Newman Boulevard in the City of Denton, Denton County, Texas; adopting an amendment to the City’s official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted [#-#] to recommend _______ of the request. Motion for approval by Commissioner ____ and second by Commissioner _____. (S23-0003a, Mayhill Road Multifamily, Julie Wyatt). S23-0003aD. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification on approximately 1.73 acres of land from a Residential 2 (R2) District to a Mixed-Use Neighborhood (MN) District. The subject site is generally located on the west side of North Bonnie Brae Street, 470 feet north of the intersection of North Bonnie Brae Street and West Windsor Drive, in the City of Denton, Denton County, Texas; adopting an amendment to the City’s Official Zoning Map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability and an effective date. The Planning and Zoning Commission voted [6-0] to recommend approval of the request. Motion for approval by Commissioner Smith and second by Commissioner Pruett. (Z23-0007a, 2801 N Bonnie Brae Rezoning, Sean Jacobson) Z23-0007bE. 6. ITEMS FOR INDIVIDUAL CONSIDERATION – CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS -- PLACEHOLDER IN THE EVENT EMINENT DOMAIN ITEMS ARE SCHEDULED; OTHERWISE, WILL BE DELETED. -- 7. ITEMS FOR INDIVIDUAL CONSIDERATION Consider approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 26, 2023, City Council public meeting agenda to adopt a 2023 Tax Rate that will exceed the lower of the no-new-revenue tax rate or the voter approval tax rate; calling a public hearing on the proposed tax rate increase to be held on September 19, 2023; calling a public hearing on the budget for the fiscal year 2023-2024 Annual Program of Services of the City of Denton to be held on September 19, 2023; requiring the publication and posting of notices of the public hearings and meetings in accordance with the law; and providing an effective date. ID 23-274A. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Oscar Renda Contracting, Inc., for the construction and movement of public water/wastewater utilities in support of the Texas Department of Transportation’s I-35 widening from the I-35 Split to US-380 for the Capital Projects Department; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7968-004 - awarded to Oscar Renda Contracting, Inc., in the not-to-exceed amount of $18,064,385.85). ID 23-1490B. Page 13 Printed on 8/4/2023 74 August 15, 2023City Council Meeting Agenda Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Itron, Inc., for support and services of the Meter Data Management System and other Itron software applications for Denton Municipal Electric, which is the sole provider of this software, in accordance with Texas Local Government Code 252.022, which provides that procurement of commodities and services that are available from one source are exempt from competitive bidding, and if over $50,000, shall be awarded by the governing body; providing for the expenditure of funds therefor; and providing an effective date (File 8282 - awarded to Itron, Inc., for five (5) years, with the option for two (2) additional one (1) year extensions, in the total seven (7) year not-to-exceed amount of $5,004,208.24). ID 23-1506C. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Sundt Construction, Inc., for the Bonnie Brae Phase 3 Widening and Reconstruction Project for the Capital Projects Department; providing for the expenditure of funds therefor; and providing an effective date (CSP 8094-1 - awarded to Sundt Construction, Inc., in the not-to-exceed amount of $40,318,845.47). ID 23-1524D. 8. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics, above posted. C E R T I F I C A T E I certify that the above notice of meeting was posted on the official website (https://tx-denton.civicplus.com/242/Public-Meetings-Agendas) and bulletin board at City Hall, 215 E. McKinney Street, Denton, Texas, on August 11, 2023, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code. __________________________________________ OFFICE OF THE CITY SECRETARY Page 14 Printed on 8/4/2023 75 August 15, 2023City Council Meeting Agenda 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 15 Printed on 8/4/2023 76 Meeting Date Item Legistar ID Departments Involved Type Estimated Time A. Focus Areas & Priorities 23-1341 City Manager's Office City Business 2:30 B. Budget Workshop 23-272 Finance City Business 4:00 Closed Meeting Item(s): DME TBD Legal (if any)City Business 0:30 Total Est. Time: 7:00 A. Fiscal Year 2023-24 Annual Audit Plan 23-597 Internal Audit City Business 0:30 B. Audit Project 005 - Utility Street Cuts Second Follow-up 23-596 Internal Audit City Business 0:15 C. Budget Follow-up 23-273 Finance City Business 1:00 D. MUDs and MMDs 23-1407 Development Services City Business 1:00 E. Two-Minute Pitch: Beck 23-221 City Manager's Office Council Request 0:30 Closed Meeting Item(s): Internal Auditor and Municipal Judge Annual Reviews TBD Legal (if any)City Business 0:30 Total Est. Time: 3:45 September 5, 2023 A. Budget Follow-up 23-275 Finance City Business 1:00 Closed Meeting Item(s):TBD Legal (if any)City Business 0:30 Total Est. Time: 1:30 A. Audit Project 033 - Pedestrian & Cyclist Safety 23-425 Internal Audit City Business 0:30 B. Aquatics Master Plan 23-683 Parks & Recreation City Business 0:30 C. Election Day Holiday 23-1403 Human Resources Council Request 0:30 D. Stormwater Master Plan 23-1123 Engineering City Business 0:30 E. Community Rating System 23-1234 Engineering City Business 0:30 F. Two-Minute Pitch: 23-222 City Manager's Office Council Request 0:30 Closed Meeting Item(s): TBD Legal (if any)City Business 0:30 Total Est. Time: 3:30 A. Audit Project 034 - Fire Prevention 23-593 Internal Audit City Business 0:30 B. Audit Project 007 - Accounts Payable: Second Follow-Up Review 23-595 Internal Audit City Business 0:15 C. Audit Project 014 – Facilities Maintenance: Second Follow-Up Review 23-925 Internal Audit City Business 0:15 D. Climate Action and Adaptation Plan 23-937 Env. Svcs. & Sustainability City Business 1:00 E. Roadway Impact Fees 23-1125 Engineering City Business 0:30 F. Two-Minute Pitch: 23-223 City Manager's Office Council Request 0:30 Closed Meeting Item(s): TBD Legal (if any)City Business 0:30 Total Est. Time: 3:30 October 3, 2023 A. Northeast Denton Area Plan 23-1194 Planning City Business 2:00 Closed Meeting Item(s): TBD Legal (if any)City Business 0:30 Total Est. Time: 2:30 A. Public Health Official TBD City Manager's Office Council Request Beck (06/6/2023)TBD B. Facilities Master Plan 23-1544 Facilities City Business 0:45 C. Two-Minute Pitch: 23-224 City Manager's Office Council Request 0:30 Closed Meeting Item(s): TBD Legal (if any)City Business 0:30 Total Est. Time: 1:45 A. Two-Minute Pitch: 23-225 City Manager's Office Council Request 0:30 Closed Meeting Item(s): TBD Legal (if any)City Business 0:30 Total Est. Time: 1:00 A. Audit Project 035 Staff Recruitmet & Hiring 23-594 Internal Audit City Business 0:30 B. DCTA Quarterly Update 23-466 Engineering City Business 0:30 C. Two-Minute Pitch: 23-226 City Manager's Office Council Request 0:30 Closed Meeting Item(s): TBD Legal (if any)City Business 0:30 Total Est. Time: 2:00 A. - Place Holder 23-594 City Manager's Office City Business 0:30 B. - Place Holder 23-466 City Manager's Office City Business 0:30 C. - Place Holder 23-456 City Manager's Office City Business 0:30 Closed Meeting Item(s): TBD Legal (if any)City Business 0:30 Total Est. Time: 2:00 A. Denton Renewable Resource Plan TBD DME City Business TBD B. Two-Minute Pitch: 23-227 City Manager's Office Council Request 0:30 Closed Meeting Item(s): TBD Legal (if any)City Business 0:30 Total Est. Time: 1:00 November 21, 2023 A. Two-Minute Pitch: 23-228 City Manager's Office Council Request 0:30 Closed Meeting Item(s): TBD Legal (if any)City Business 0:30 Total Est. Time: 1:00 December 5 Work Session (@2:00 p.m.) Regular Meeting (@6:30 p.m.) Other Major Items for Meeting: NO MEETING - Day after Labor Day (Sept 4) NO MEETING - National Night Out NO MEETING - Thanksgiving Week November 7 Work Session (@2:00 p.m.) Regular Meeting (@6:30 p.m.) Other Major Items for Meeting: November 14 Work Session (@2:00 p.m.) Special Called Meeting (@6:30 p.m.) Other Major Items for Meeting: September 26 Work Session (@2:00 p.m.) Special Called Meeting (@6:30 p.m.) Other Major Items for Meeting: October 17 Work Session (@2:00 p.m.) Regular Meeting (@6:30 p.m.) Other Major Items for Meeting: October 24 Work Session (@2:00 p.m.) Special Called Meeting (@6:30 p.m.) Other Major Items for Meeting: September 12 Work Session (@2:00 p.m.) Special Called Meeting (@6:30 p.m.) If needed for Budget Other Major Items for Meeting: September 19 Work Session (@2:00 p.m.) Regular Meeting (@6:30 p.m.) Other Major Items for Meeting: October 17, 2023 Joint Council with Planning & Zoning Commission Workshop (@ 11:00 a.m.) At the Development Service Center November 7 Joint Meeting with DISD (@11:30 a.m.) At the Development Service Center August 15, 2023 Work Session (@2:00 p.m.) Regular Meeting (@6:30 p.m.) Other Major Items for Meeting: August 5, 2023 (Saturday) Budget Workshop (@9:00 a.m.) At the Council Work Session Room Tentative Work Session Topics and Meeting Information Updated: August 04, 2023 *This is for planning purposes only. Dates are subject to change.77 Meeting Date Item Legistar ID Departments Involved Type Estimated Time August 5, 2023 (Saturday) Budget Workshop (@9:00 a.m.) At the Council Work Session Room A. Two-Minute Pitch: 23-229 City Manager's Office Council Request 0:30 Closed Meeting Item(s): TBD Legal (if any)City Business 0:30 Total Est. Time: 1:00 December 19, 2023 Item Legistar ID Departments Type Estimated Work Session Date Wildlife Corridors 23-1057 Environmental Services & Sustainability City Business 0:30 Downtown Public Improvement District TBD Economic Development City Business TBD Item Dates Departments Type Estimated Work Item Date Approved Department Estimated Hours to Complete Requestor RFP for a Downtown Parking Survey 10-18-2022 Economic Development TBD CM Davis Towing Enforcement Signage 2-7-2023 Capital Projects TBD CM Davis NO MEETING - December Break December 12 Work Session (@2:00 p.m.) Special Called Meeting (@6:30 p.m.) Other Major Items for Meeting: Approved Council Pitches to be Scheduled Work Session Items to be Determined Council Priorities and Significant Work Plan Items to be Scheduled *This is for planning purposes only. Dates are subject to change.78 1 Street Closure Report: Upcoming ClosuresSCR Aug 7th - Aug 13thStreet/ IntersectionFromToClosure StartDateClosure EndDateDescriptionDepartmentDepartment Contact1Chaparral CtCooper BranchEnd08/14/23 09/25/23 Utility ReplacementEngineeringTaylor Holt2Nicosia St.Highway 77Santos Dr.09/05/23 10/02/23 This work belongs to the Northwest BoosterPump Station Project. The contractor will beexcavating across Nicosia St. so that they maytie into the 42" water line in the center of theroad way. The excavation along with roadwayrestoration and repairs will take approx 28 daysto complete but, has the possibility of beinglesser if no issues are uncovered duringexcavation. A message board will be displayed1 week prior to closure informing the residentswho do not receive these updates. Detours willbe provided and maintained throughout theconstruction.OtherColton Garrett3Oak StMounts AveFulton StTBDTBDWastewater Collections will be installing a newsewer main lines and services.WastewaterTiffany Sherrane4PrairieLakey StreetTo Cemetary/ Halfway downPrairie08/17/23 10/20/23 Narrow lane closure from Lakey up to Cemetarybefore Bradshaw to install new storm drain.Public Works Inspections Stephany Trammell5SycamoreExpositonRailroad Tracks on Sycamore 08/17/23 10/20/23 Work on manholes and for Lang RailyardPrivate DevelopmentPublic Works Inspections Stephany TrammellPage 1 of 1Exported on August 4, 2023 11:45:32 AM CDT79 2 Street Closure Report: Current ClosuresStreet/ IntersectionFromToClosure StartDateClosure EndDateDescriptionDepartmentDepartment Contact14045 S Bonnie BreaVintage377 08/07/23 08/11/23 Water main installWaterJamie Bond2Augusta DrColonial DrAugusta Dr (2900)07/11/22 09/15/23 Utility installations andpavement replacement.EngineeringScott Fettig3Avenue SPrairie StDead End South03/06/23 08/31/23 Utility installations andpavement replacement.EngineeringScott Fettig4Azalea StParvin StLaurel St05/30/23 08/31/23 Utility installations andpavement replacement.EngineeringScott Fettig5Bailey StWillson StDead End South01/30/23 08/31/23 Utility installations andpavement replacement.EngineeringScott Fettig6Bernard StAcme StRoselawn Dr05/30/23 09/01/23 Utility installations andpavement replacement.EngineeringScott Fettig7Bonnie Brae StRiney RdUniversity Dr (HW 380)04/24/23 08/30/23 8” WL Utility Trench Repair Private Development PublicWorks InspectionsJeremiah Tillman-David8Bradshaw StHickory StMcKinney St03/21/22 08/18/23 Utility installations andpavement replacement.EngineeringScott Fettig9Bradshaw StWilson StPrairie St01/30/23 08/31/23 Utility installations andpavement replacement.EngineeringScott Fettig10Bradshaw StPrairie StSycamore St03/13/23 08/31/23 Utility installations andpavement replacement.EngineeringScott Fettig11Brook Hollow DrGreenway DrCarriage Hill Rd10/07/22 09/15/23 Utility installations andpavement replacement.EngineeringScott Fettig12Buena VistaMontecitoCul-De-Sac08/01/23 08/11/23 Two-inch mill and overlayJeff Jones13Camellia StParvin StLaurel St05/30/23 08/31/23 Utility installations andpavement replacement.EngineeringScott Fettig14Carriage HillThunderbird DrBrookhollow Dr06/05/23 08/31/23 Pavement replacement. EngineeringScott Fettig15Colonial DrThunderbird DrDead End South07/11/22 09/15/23 Utility installations andpavement replacement.EngineeringScott Fettig16Crawford StHickory StMcKinney St03/21/22 08/31/23 Utility installations andpavement replacement.EngineeringScott Fettig17FM 1173IH 35Kansas City Southern RailroadTracks07/17/23 08/28/23 Roadway will be lanes closeand traffic flagged each day forroadway.Private Development TXDoT Kirk Winter18Greenway DrThunderbird DrDead End South07/11/22 09/15/23 Utility installations andpavement replacement.EngineeringScott Fettig19Greenway DrThunderbird DrWindsor Farms Dr10/07/22 09/15/23 Utility installations andpavement replacement.EngineeringScott Fettig20Hettie StPaisley StMcKinney St03/21/22 08/18/23 Utility installations andpavement replacement.EngineeringScott Fettig21Hickory Creek RdRiverpass DrFM 183003/13/23 12/31/24 Bridge InstallationEngineeringDustin Draper22Hickory StExposition StRuddell St05/02/22 08/18/23 Utility installations andpavement replacement.EngineeringScott Fettig23Highland StLocust StWainwright St01/30/23 08/31/23 Utility installations andpavement replacement.EngineeringScott Fettig24Industrial StBell StMulberry St07/05/23 08/29/23 Utility installationEngineeringSeth Garcia25Inman St (201)Meadow StCentre Place Dr07/31/23 08/18/23 Concrete Panel Repair StreetsRoy San Miguel26Lakewood DrGreenway DrCarriage Hill Rd10/07/22 09/15/23 Utility installations andpavement replacement.EngineeringScott Fettig27Locust StHickory StOak St07/20/23 08/17/23 Installation of DiagonalCrosswalkEngineeringRobin Davis28Maddox StPrairie StDead End03/20/23 08/31/23 Utility installations andpavement replacement.EngineeringScott Fettig29Maple StCarroll BlvdElm St07/05/23 08/31/23 Utility installations andpavement replacement.EngineeringScott Fettig30Mayhill Rd@ Spencer Rd03/28/23 08/30/23 Water main tie-in and turn laneadditionPublic Works Inspections Ryan CubaPage 1 of 2Exported on August 4, 2023 11:45:42 AM CDT80 Street/ IntersectionFromToClosure StartDateClosure EndDateDescriptionDepartmentDepartment Contact31McKinney StCrawford RdAudra Ln05/19/22 08/18/23 Utility installations andpavement replacement.EngineeringScott Fettig32McKinney StMayhill RdRyan Rd05/04/23 08/31/23 Turn lanePublic Works Inspections Ryan Cuba33McKinney StLoop 288Mayhill Rd07/20/23 08/31/23 Sidewalk demo and newsidewalkPublic Works Inspections ryan cuba34Mill StAllen StJohnson St01/17/23 09/01/23 Utility ReplacementEngineeringSeth Garcia35Mill StAllen StRobertson St02/27/23 09/01/23 Utility installation and roadwayreconstructionEngineeringSeth Garcia36Myrtle StMaple StHighland St07/05/23 08/31/23 Utility installations andpavement replacement.Scott Fettig37Myrtle StEagle DrMaple St07/05/23 08/31/23 Utility installations andpavement replacement.EngineeringScott Fettig38Myrtle StFort Worth DrEagle Dr06/05/23 09/28/23 Utility installations andpavement replacement.EngineeringScott Fettig39Oak StCrawford StWood St04/04/22 08/18/23 Utility installations andpavement replacement.EngineeringScott Fettig40Pear Tree PlPheasant Hollow StShadow Trail07/31/23 09/06/23 This work includes roadreconstruction with subgradestabilization, asphalt paving,and concrete curb and gutter.OtherTaylor Holt41Peninsula TrlSea Cove LnMarina Dr07/24/23 08/18/23 Sidewalk Panel Replacement StreetsRoy San Miguel42Pierce StMaple StHighland St07/05/23 08/31/23 Utility installations andpavement replacement.Scott Fettig43Smith StDallas Dr (Hwy 77)Hill St03/06/23 08/31/23 Utility installations andpavement replacement.EngineeringScott Fettig44Smith StJohnson StBell Ave01/30/23 09/15/23 Utility installations andpavement replacement.EngineeringScott Fettig45Sycamore StIndustrial StWainwright St04/24/23 08/25/23 Roadway & UtilitiesEngineeringSeth Garcia46Sycamore StExposition StCrawford St03/13/23 08/31/23 Utility installations andpavement replacement.EngineeringScott Fettig47Thunderbird DrColonial DrCrestmeadow St06/05/23 08/31/23 Utility installations andpavement replacement.EngineeringScott Fettig48Wainwright StPrairie StSycamore St04/24/23 08/25/23 Roadway, utilitiesEngineeringSeth Garcia49Wainwright StHighland StPrairie St03/13/23 08/31/23 Utility installations andpavement replacement.EngineeringScott Fettig50Windbrook CtWindbrook StEnd07/31/23 09/29/23 This work includes roadreconstruction with subgradestabilization, asphalt paving,and concrete curb and gutter.OtherTaylor Holt51Wisteria StParvin StLaurel St05/30/23 09/15/23 Utility installations andpavement replacement.EngineeringScott Fettig52Wood StMcKinney StHickory St04/11/22 08/18/23 Utility installations andpavement replacement.EngineeringScott Fettig53Woodrow LnMcKinney StTroy H Lagrone Dr02/20/23 08/11/23 Water tie inPublic Works Inspections Ryan CubaPage 2 of 2Exported on August 4, 2023 11:45:42 AM CDT81 3 Street Closure Report: Completed ClosuresStreet/ IntersectionFromToClosure StartDateClosure EndDateDescriptionDepartmentDepartment Contact1Bonnie Brae StRiney RdWindsor Dr03/10/23 07/31/23 Urbana at Bonnie Brae: PublicPavingPublic Works Inspections Jeremiah Tillman-David2Brookfield Ln (2603) Woodhaven StEmerson Ln06/20/23 07/07/23 Curb an Valley Gutter repair StreetsRoy San Miguel3Carroll Blvd SBParkway StOak St05/08/23 07/28/23 Concrete Panel Repair StreetsRoy San Miguel4Churchill DrNottingham DrBurning Tree Ln06/30/23 07/28/23 Pipe bursting sewer pipe Public Works Inspections Armando Beltran5Clover LnRobinwood LnGlenwood Ln12/09/22 07/10/23 Water Distribution will beinstalling a new main line andservices.WaterTiffany Sherrane6Cordell St (1229)Fulton StCrescent St06/26/23 07/06/23 Curb and Road repairStreetsRoy San Miguel7Green Oaks St (2300) Dunes StCooper Branch07/05/23 07/21/23 Valley Gutter RepairStreetsRoy San Miguel8Locust StHickory StOak St06/05/23 07/14/23 Installation of DiagonalCrosswalksEngineeringRobin Davis9Mingo RdMockingbird LnSirius Dr06/30/23 07/28/23 Utility and road workPublic Works Inspections Armando Beltran10Mingo StSirius DrMockingbird Ln07/27/23 07/28/23 Paving MingoPublic Works Inspections Armando Beltran11Oakbonnie braethomas08/04/23 07/04/23 poring back curb and gutter Public Works Inspections Lee Thurmond12Oak StLocust StAustin St06/05/23 07/14/23 Installation of DiagonalCrosswalksEngineeringRobin Davis13Oak StThomas StBonnie Brae St07/07/23 07/14/23 Work on the DME substation Public Works Inspections Lee Thurmond14Oak StBonnie Brae StThomas St07/21/23 07/31/23 Working on curb and gutter Public Works Inspections Armando Beltran15Ottawa DrGreat Bear LnWind River Ln05/29/23 07/06/23 Street Panel and SidewalkRepairStreetsRoy San Miguel16Park Access RdWindsor DrRiney Rd12/15/22 07/31/23 Urbana Bonnie Brae Project:Water, Sewer, Storm, Paving.Private Development PublicWorks InspectionsJeremiah Tillman-David17Plum Hollow StSagewood StShadow Trl05/30/23 07/15/23 This work includes roadreconstruction with subgradestabilization, asphalt paving,and concrete curb and gutter.OtherTaylor Holt18Robinwood LnKayewood DrEmerson Ln12/09/22 07/10/23 Water Distribution will beinstalling a new main line andservices.WaterTiffany Sherrane19Stallion StLakeview BlvdOak Creek Ln07/03/23 07/28/23 Street Concrete Panel Repair StreetsRoy San Miguel20Val Verde CtMontecito RdDead End East05/19/23 07/31/23 Mill and OverlayStreetsJeff Jones21Willow Stone StPheasant Hollow StShadow Trl05/30/23 07/15/23 This work includes roadreconstruction with subgradestabilization, asphalt paving,and concrete curb and gutter.OtherTaylor Holt22Windsor DrBurning Tree LnNottingham Dr06/30/23 07/28/23 Pipe bursting sewer pipe &Road restorationPublic Works Inspections Armando BeltranPage 1 of 1Exported on August 4, 2023 11:53:52 AM CDT82