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June 6 - Agenda Questions & Responses June 6 - Agenda Questions & Responses smartsheet rumResponse 06/03/23 Council Member Meltzer Consent G. 23-1109 What is the upshot of defining"panhandling"out of"soliciting"? What will Panhandling is protected speech under the First Amendment. The recommendation is removing panhandling as it is a protected activity 1 it change? and should not be subject to the soliciting restrictions in the Solicitors and Itinerant Merchants ordinance(permits,background checks, fees,limited hours...). This also aligns the 16.72 definition with changes recommended in 21.6 Definitions and Prohibited Acts. 06/03/23 Council Member Meltzer Consent N. 23-1055 If we get the Styrofoam Densifier will we be able to add styrofoam to We will not be able to add Styrofoam to curbside collection. Material collected curbside goes directly to The MRF and our operations curbside collection? contract calls out Styrofoam as a contaminant. Styrofoam(large pieces,think padding for TV's,refrigerators,and other electronics and 2 appliances)is in the Top 3 contaminants we find curbside. Styrofoam will be added to materials collected at the Home Chemical Collection facility. In that we are now open on Saturday,residents can conveniently bring this material for recycling. 06/03/23 Council Member Meltzer Consent U. 23-1092 We had significant difficulty collecting on our forced outage insurance in DME did not have"Forced Outage Insurance"in 2019. The binding of this insurance began after winter storm Uri in February of 2021. 2019 and even then it wasn't nearly enough to cover the damages we The summer of 2021 was the first seasonal outage insurance purchase. Each summer and winter season DME seeks quotes for this experienced. How are we learning from that experience this round? insurance and has deemed it cost effective. For the summer of 2023,the premiums are excessive for the coverage offered given the level of coverage provided.DME seeks approval of the City Council to bind the insurance again for this summer but may decide to forego unless the insurance provider can improve the risk effectiveness of the product. As this insurance product is priced in real time based upon the forward price of power and natural gas coupled with weather forecasts,DME and COD purchasing requires the authority to transact prospectively. 06/04/23 Mayor Hudspeth Consent B. 23-061 It was my understanding that the bond committee was full and the only At the May 16 City Council meeting there were two vacancies remaining for the Bond Oversight Committee(BOC)after all members listed pending availability was the Bond oversight positions.How is it that a were appointed(see attached,Option 1). On May 30,the BOC met and nominated two members:Jeff Bowerman(BOC—Place 4)and 4 person is being appointed to the bond committee?Was there a vacancy Aaron Newquist(BOC—Place 11)who are scheduled to be appointed by the City Council on June 6. Additionally,an appointee of Council remaining?Please share the report from the previous vote/appointments. Member Meltzer,Randy Hunt,withdrew from the Special Citizens Bond Advisory Committee(SCBAC). Council Member Meltzer I would like to review when everyone was appointed and to what seat. subsequently nominated Cynthia Hill,who is also scheduled to be appointed by the City Council on June 6. After the June 6 Council meeting,the SCBAC will have a full roster. 06/03/23 Council Member Watts Work Session C. Several months ago,Council had a meeting with our DCTA board Information is included as a separate document. appointee to discuss initiatives the Council would like to present to the 5 DCTA board. Did we memorialize those requests?If so and if possible,could I receive that list prior to the meeting today? 06/04/23 Mayor Hudspeth Work Session A. 23-424 When did you last audit the fuel cards/accounts?If it was within the last This is the first audit of the City's Fuel Card program,so no previous audit recommendations or management responses were issued or year,please send me staffs responses to the issues identified then. received. 06/04/23 Mayor Hudspeth Work Session C. 23-421 Please send the slide deck in advance of the meeting.Please ensure that Information has been requested from DCTA. the CEO leaves some sort of contact information sheet(CEO&Board)& meeting schedule for 2023.When citizens speak at city council about DCTA, I want staff to have something to hand to the speaker to re-direct them to the appropriate governmental body. 06/04/23 Mayor Hudspeth Work Session D. 23-919 Re:Elm&Locust-They are shown in the planning and design Elm and Locust from 380 to north of the Courthouse has been approved to receive funding as a part of the Denton County TRIP 2022 phase...but I thought we were only waiting on funding to move the Bond Election. Staff is currently working on the execution of the Interlocal Cooperation Agreement that will formalize the funding and each utilities. I know staff sent me an update.I will review that,but I may have agreement will be brought forward to City Council for approval. The funding from Denton County will be provided in phases based on a follow up questions. funding strategy agreed upon by staff. The project includes water,wastewater,drainage and roadway improvements and is currently in the design phase including real estate acquisition. 8 Water,wastewater and drainage improvements on Elm and Locust from south of the Courthouse to the Eagle Drive have been completed. Staff has worked with TxDOT on the pavement design and TxDOT is finalizing the design in preparation for construction. TxDOT,Denton County and the City are working on an agreement for Elm and Locust from 380 to Eagle to allow TxDOT to turn the roadways over to the City of Denton. 9 06/03/23 Council Member Meltzer Item for Individual E. 23-930 Does this represent a change in the amount of indebtedness budgeted There will not ben an impact on the budget as 1)we are not selling more than originally anticipated and 2)debt service for debt incurred Consideration for or in the budgeted debt service expense line? this year will not have a budgetary impact until FY 2024. O6/03/23 Council Member Meltzer Item for Individual F. 23-1007 How did staff arrive at and evaluate the reasonableness of the contracted Per government code 2254.004 the procurement of engineering services is based on qualifications. The City qualified water and Consideration price? wastewater engineers on March 23,2021. The qualified firms were then re-evaluated based on this project and Kimley Horn was selected 10 as the most qualified provider of the services based on demonstrated competence and qualifications.The proposed contract price is in line with the 10%to 15%cost associated with vertical water utility design projects.The proposed contract also includes construction and bid phase services needed in the construction process. 06/04/23 Mayor Hudspeth Item for Individual A. 23-1121 What is meant by"repealer"?-The City of Denton Charter is the primary The City of Denton Charter is the primary governing document for the city,correct?An ordinance cannot amend or conflict with the City Consideration governing document for the city,correct? Charter. However,a municipality cannot adopt an ordinance that conflicts with or is inconsistent with the Texas Constitution and laws passed by the Texas Legislature.The word"repealer"is standard language in our ordinances and applies when a prior ordinance or part thereof is inconsistent or conflicts with the ordinance City Council is being asked to adopt,in which case the inconsistent/conflicting language is repealed as a matter of law.The entire prior ordinance approved by initiative will not be repealed unless expressly stated in the newly adopted ordinance. 06/04/23 Mayor Hudspeth Item for Individual A. 23-1121 Section 2.10 Of the City Charter prohibits city council from giving orders To the extent this question requests a legal opinion,the question has been addressed in prior confidential attorney-client communications Consideration to subordinates,correct?-Sections:21-80,81,82,83&85 of Chapter to the City Council. Section 2.10 of the City Charter states,in part,"[e]xcept for the purpose of inquiry,the council and its members shall 21,Article V-COD Ordinances are in direct conflict&violate the City of deal with the administrative service solely through the officers appointed by the city council and neither the council nor any member thereof Denton Charter section 2.10,correct?They give orders to the COD police shall give orders to any subordinates of the officers appointed by the city council,either publicly or privately." The cited sections of Chapter and that department is a subordinate of the City Manager,correct? 21,Article V direct non-Council appointees to perform certain duties,including the Police Chief and police officers. 06/04/23 Mayor Hudspeth Item for Individual A. 23-1121 If a council member takes an action beyond the power conferred but the This question calls for a legal opinion that will be addressed by separate confidential attorney-client communication to the City Council. Consideration COD Charter that is an Ultra Vires act,correct? 06/04/23 Mayor Hudspeth Item for Individual A. 23-1121 The COD Tax payers do not'owe'an individual council member a The City's ordinance providing for a legal defense and indemnification of City officers states that the City shall indemnify and pay damages, Consideration 'defense'if they are acting beyond thier power(conferred in the COD costs,and fees only if the damages are based on an act or omission of the official in the course and scope of employment. This Charter),Correct? determination is made by the City. However,if the indemnity and payment of damages has been denied by the City,and a court determines that the official was acting in the scope and course of employment and not engaged in official misconduct,a willful or wrongful act or omission,or an act or omission constituting gross negligence,the city shall pay any actual damages,costs,and fees. Exported on June 6,2023 10:04:40 AM CDT Page 1 of 2 Submitted By Agenda Item Question/Comment Staff Response 06/04/23 Mayor Hudspeth Item for Individual A. 23-1121 Section 2-272 of the COD Ethics Code Article XI,subsection(a)titled Section 2-72—Mandates—states: 15 Consideration Duty to report....requires a city official to report"any conduct that the a.Duty to report.City officials shall report any conduct that the person knows to be a violation of this article. Failure to report a violation of person knows to be a violation",correct?Furthermore,it notes failure to this article is a violation of this article.for purposes of this section,submittal of a complaint or a report made to the fraud,waste,or abuse report is a"violation"of the ethics code,correct? hotline shall be considered to be a report under this section.A report to the hotline may remain anonymous unless disclosed by the caller. 06/04/23 Mayor Hudspeth Item for Individual A. 23-1121 State HB 17 passed and will become law in September 2023,correct?It HB 17 was sent to the Governor to be signed on May 30,2023 and,if not vetoed,is effective on September 1,2023. It provides for Consideration states that County Prosecutors'decision no to pursue a specific type of removal from office,with limited exceptions,if a prosecutor(defined as District or County Attorney)commits official misconduct by adopting crime would qualify as"Official Misconduct"Correct?It is likely this or enforcing a policy of refusing to prosecute a class or type of criminal offense under state law or instructing law enforcement to refuse to 16 legislation will also effect marivana prosecutions,correct? arrest individuals suspected of committing a class or type of offense under state law. HB 17 does not specify any criminal offenses but the phrase"class or type of criminal offense under state law"is worded broadly enough to include the failure to prosecute drug related laws under the Health&Safety Code,which includes marijuana.This law will likely be challenged as infringing upon a prosecutor's discretion as well as a potential violation of the separation of powers. 06/04/23 Mayor Hudspeth Item for Individual A. 23-1121 Approximately how many hours has the city manager and staff spent on While staff does not have a accurate accounting of hours spent on the issue of Proposition B,beginning with the submission of the original 17 Consideration this topic? petition submission in 2022,numerous staff members have spent an extensive amount of time on work relating to the issue. This includes, but isn't limited to,work related to the petition certification,election,council communications,public and news media communications, council item preparation,and research. 18 06/04/23 Mayor Hudspeth Item for Individual A. 23-1121 Approximately how many hours has the city attorney and legal staff spent While legal staff does not have an accurate accounting of hours spent on Proposition B,at least 4 attorneys have contributed extensive Consideration on this topic? time on this topic since it was first discussed in 2021. 19 06/04/23 Mayor Hudspeth Item for Individual A. 23-1121 Marijuana reform is not listed in the council priorities or 2030 plan, Marijuana reform was not adopted by the Council as part of its priorities,and is not included in any City strategic or other planning Consideration correct? document. 06/04/23 Mayor Hudspeth Item for Individual A. 23-1121 How many citizens complaints have been received from persons feeling The City is unaware of any complaints filed by citizens alleging that they have been treated unfairly since Proposition B was codified in the Consideration they have been treated unfairly since the passage of Proposition B-Now Code of Ordinances. Chapter 21,Article V of COD ordinances? 06/04/23 Mayor Hudspeth Item for Individual A. 23-1121 Judge Rick Morris(Bell County)said,"There's no question that(the This statement was made by Judge Morris and was quoted in a local news story and heard by Deputy City Attorney Michael Cronig,who Consideration proposition)ordinance is contrary to Texas law,in unconstitutional, attended the last hearing,which was a temporary injunction hearing on May 25. unenforceable and invalid",Correct?Please provide the date of the last hearing in the case Bell County v.City of Killeen. 06/04/23 Mayor Hudspeth Item for Individual A. 23-1121 ...He went on to say,"It seems that an injunction must be against Correct.Judge Morris stated that he believes he has the authority to issue a temporary injunction but he doubted whether it could be Consideration officials,such as city secretary,Mayor of Police Chief'Correct? issued against the City of Killeen.Judge Morris stated he believes a temporary injunction must be issued against an individual(s),such as the Mayor,Police Chief,or City Secretary.Judge Morris requested the parties to submit further legal briefing on this issue. 06/04/23 Mayor Hudspeth Item for Individual A. 23-1121 Please contact the City of Killeen legal department and ask if they can This request has been made. Consideration provide and estimated legal cost thus far. 06/04/23 Mayor Hudspeth Item for Individual A. 23-1121 No map of the COD that identifies effected areas has been provided to Chapter 21,Article V,only applies to law enforcement officers employed by the Denton Police Department.It is not applicable or binding Consideration city management or legal,correct?As a result,no citizen,council upon School District,County,State,or Federal law enforcement officers or prosecutors.Without further clarification of which"effected member,staff member,police officer or legal has a definitive area areas"are being described,it's difficult to provide a complete response. No map identifying areas owned or under the control of other effected by Now Chapter 21,Article V of COD ordinances...because governmental entities has been provided.Furthermore,no maps have been provided that identify drug free zones or adjacent areas Colleges,State property,County property,schools,day cares,parks,etc. (Texas Health&Safety Code 481.134),a violation of which enhances a possession of marijuana criminal penalty. have not been mapped and radius identified,Correct? Exported on June 6,2023 10:04:40 AM CDT Page 2 of 2 A."I" City Manager's Office DENTON 215 E. McKinney St., Denton, TX 76201 • (940) 349-8307 Feb. 16, 2023 Alison Maguire Member, Board of Directors Denton County Transit Authority 1955 Lakeway Dr. 260 Lewisville, TX 75057 via email: amaguire(&dcta.net Dear Board Member Maguire, On Feb. 7, 2023, the Denton City Council held a work session discussion to provide direction regarding its transit-related policy priorities and what policies it desires the City's Denton County Transit Authority (DCTA)board representative to advance while serving on the DCTA Board of Directors. This message is to formally communicate to you those policy priorities determined by the City Council at the Feb. 7 meeting. The Denton City Council would like its board representative to advocate for: 1. Information on the use of technology, such as geofencing, and related strategies to ensure that GoZone usage at the UNT campus does not adversely impact availability in other areas of the City; 2. Services to the industrial areas of the City of Denton, particularly those west of I-35W; 3. Maximizing service usage per dollars spent; 4. Implementation of a"no-fare" structure; and 5. The provision of standby, on-call, or"hot shot" services to ensure timely and consistent GoZone rides, particularly for vulnerable populations. The Council discuss can be viewed on the City of Denton website at www.cityofdenton.com/publicmeeting_s. Thank you for your service on behalf of the City of Denton. Sincerely, Sara Hensley City Manager OUR CORE VALUES Inclusion• Collaboration• Quality Service• Strategic Focus•Fiscal Responsibility ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989 cc: Denton City Council Denton City Manager's Office Pat Smith, DCTA Board Member(Alternate) 2