Dec. 5 - Agenda Questions & Responses Dec. 5 - Agenda Questions & Responses smartsheet
Staff Response
12/02/23 Council Member Meltzer Consent G. 23-2220 Is this budgeted? Funding for this project is allocated within the FY 2023-2024 CIP budget(Page 65). Funding was also approved in the
Why was an engineering firm chosen rather than an artist or artists, reimbursement ordinance on October 24,2023 with ID 23-1426.
local or otherwise?
How was the Public Art Committee involved? Over the course of the last 18+months,Parks and Recreation formed a focus group consisting of members from UNIT
and TWU and staff to design gather input.Staff utilized thematic design concepts in cooperation with the consultant as
construction documents were going to be needed to be provided to TXDOT to enter the bidding process. In cooperation
with this focus group and the consultant,concepts were created to celebrate the theme of Denton musical heritage. The
initial timeline was projected to be a short turnaround to complete the needed steps for TXDOT and staff felt that working
this a competitive design/bid process with artists was not going to meet the desired timelines of TXDOT. In addition,
designs featuring TWU were developed in concert with university staff similar to what was previously completed with
UNIT.
Parks and Recreation worked with both the Public Art Committee and the Parks, Recreation and Beautification Board to
1 gain support and recommendations.Updates on the project were provided in the Friday Report on October 7,2022
(Report No.2022-063)during the planning process.
Additional discussion dates(in 2022)of the TxDOT Interstate 35 art design are as follows:
Public Art Committee:
3/14/22(PAC22-028)
5/3/22 (PAC22-037)
6/14/22(PAC22-046)
8/10/22(PAC22-053)
Parks,Recreation,and Beautification Board
6/23/22(PRB22-053)
8/22/22(PRB22-071)
2 12/04/23 Mayor Hudspeth Work Session B. 23-2273 1 need someone from legal to call me re:section 6:33 and how it is This request has been forwarded to the Legal Department.
effected by Tex.Loc.Gov't Code§229.901.
12/4/203 Mayor Hudspeth Presentations From B. 23-2280 Please provide details of issue,assuming someone has been Unfortunately,the caller's contact information was not saved on file;however,staff indicates the request is related to the
3 Members of the Public contacted.Also,provide solutions that have been proposed. I want to removal of Atmos gas lines on/near the homeowners property.The caller indicated neither the City nor Atmos should
know the background before the meeting. have any reason to be on the property and the police will be called for trespassing.
4 12/04/23 Mayor Hudspeth Item for Individual C. 23-2227 Understanding the number of votes the City of Denton has...how There are a total of 5,000 votes throughout the district,with the City of Denton allocated 165 votes
Consideration many total votes are projected to be cast?
12/02/23 Council Member Meltzer Public Hearing A. 23-2105 What is the envisioned potential relationship between a criminal The proposed ordinance does not add criminal history as a protected class. The proposed ordinance regulates certain
background check and membership in a protected class? Does this activities regarding criminal background checks if they result in discrimination,based on a protected class(race,color,
assume that membership in a protected class might not otherwise be religion,etc.). The ordinance makes no assumptions regarding a potential complainant's membership in a protected
evident? class;however,once a complaint is submitted,it is through the investigation process,whether performed by a
federal/state agency or a third-party hired by the City,where it will be determined if discrimination based on a protected
5 class occurred.
The EEOC states the following in part regarding discrimination and discriminatory impact of considering criminal records
in hiring decisions:"..employers cannot treat people differently because of their race or national origin...Also,an
employment policy that rejects many more applicants of one race,national origin,or sex is discriminatory if the policy is
not closely related to the job.An employer that rejects everyone with a conviction from all employment opportunities is
likely engaging in discrimination."
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Date Received Submitted By Type Item Agenda Item Question/Comment Staff Response
12/04/23 Mayor Hudspeth Public Hearing A. 23-2105 Per slide 6-could rejection of everyone be proper...if it does not Generally,the City has express authority pursuant to the Texas Labor Code to adopt an ordinance prohibiting an
result in discrimination?What governing body has jurisdiction over the unlawful practice(e.g.discrimination)and HB 2127(effective on 9/1/23)does not remove that express authority. It does
bulleted points on the slide?Is considering a applicants criminal not authorize prohibiting checking or considering criminal history as part of the hiring process.
history prohibited,assuming it does not result in discrimination?
Define the elements that are required to meet the definition Prohibitions:If rejection of all candidates with a criminal history does not result in discrimination based on a protected
"conditional Employment"offer?Per slide 7-Define"adverse action". class,it would not be a violation of the proposed ordinance;however,the Equal Employment Opportunity Commission
Who decides if"discrimination"occurs(i.e.finder of fact)?Is the (EEOC)recommends a best practice of performing an individualized assessment based on the specific circumstances of
accused(hiring business)protected from open records request?Next each candidate to,in part,reduce the possibility of discrimination based on a protected class.Additionally,considering an
steps slide-Why does it not list the option to move on without further applicant's criminal history is not prohibited if it does not result in discrimination based on a protected class.
actions?How may staff hours have been used to date,starting with 2
min pitch prep?I am requesting ALL job applicants that have Protected Class Jurisdiction:The protected classes listed in the presentation are primarily established in federal law,
complained(any format-any council member)of hiring discrimination though the City's Comprehensive Non-Discrimination Ordinance does expressly use the terms sexual orientation and
that would be regulated by this proposed ordinance. 1 person sexual identity to clarify them as protected classes at the local level.
attended a council meeting and complained of discrimination...did
staff follow up...what where the results of that conversation and Definitions: Conditional Employment Offer is defined in the proposed ordinance as"an oral or written offer by an
research.Please provide tax rate for the following cities,Lewisville, employer to employ an individual in a job,or placement in an employment agency's staffing pool,that is conditioned on
Little Elm,Frisco,Killeen, Mesquite,Waco,Carrollton,Irving&Grand the employer's evaluation of the individual's criminal history." The proposed ordinance also defines Adverse Action as
Prairie. "an employer's refusal to hire,a refusal to promote,or the revocation of an offer of employment."
"Finder of Fact": Whenever a complaint is made,an investigation performed by the federal,state,or(if those two entities
find they do not have jurisdiction to perform an investigation)the local level will determine if discrimination based on a
6 protected class occurred or is likely to have occurred. Under the proposed ordinance,the"finder of fact"is the
investigative process.
Open Records:The records relating to complaints are generally not exempt from release under the Texas Public
Information Act,though certain information,such as personally identifying information,may be redacted.The Public
Information Act does not apply to private employers and the City does not have the legal authority to compel a private
employer to publicly release documents related to a complaint. Its relevant to note that,pursuant to the requirements of
the NDO,a written complaint is required.
Next Steps: Staff previously received direction from the council on June 27,2023,to bring the item for consideration in
January 2024. Council may provide any alternative direction at any time,but staff is currently following its most recent
direction received.
Estimated Staff Time: As this issue has been discussed over the course of 15 months,it is difficult to accurately estimate
the complete staff time spent,though staff feels confident that a minimum of 50 hours have been spent in research,
preparation,and community engagement.
Previous Complaints: Staff have not received direct complaints regarding hiring discrimination that would be addressed
by the proposed ordinance. A member of the public spoke on this issue in the open mic portion of the July 19,2022,City
Council meeting.Staff subsequently followed up with the resident and directed him to local service providers who assist
those in need of employment-related services.
Staff was able to collect the property tax rates for several municipalities as seen in the attached table.
12/02/23 Council Member Meltzer Public Hearing D. DCA23-0011 b Is there currently a desire for more privately owned cemeteries in This request is two-fold in light of changes made during the 88th Regular Legislative Session: 1)allows new private
Denton? Or is this just about grandfathering existing private cemeteries to be established should a private operator be interesting in developing/creating a new cemetery within the
7 cemeteries and allowing their use to expand within their existing City;and 2)allows for existing non-conforming cemeteries to become conforming thereby allowing improvements to their
properties? existing properties;should they want to expand beyond their current property boundaries then an SUP would be
required.
8 12/02/23 Council Member Meltzer Public Hearing D. DCA23-0011 b What expert guidance do we have on appropriate health and safety This would be enforced by the State of Texas,in accordance with state statues(TXLGC Chapter 711).
requirements related to cemeteries?
12/04/23 Mayor Pro Tern Beck Public Hearing D. DCA23-0011 b Grave regulations in Title 9,Title8:Chapter 191,Title8:Chapter 711, The DDC amendment relates to the use of property from a land use perspective only in which the City would regulate.
and from the THC are fairly stringent.Understanding that HB783 now Any regulations established by the State of Texas related to the operation of grave sites and regulations established by
permits private cemeteries,what obligations/oversight does the city THC would be the private property owner's responsibility for compliance. Also,staff works with THC on a regular basis
have that may be challenging on these private lots. as part of our Certified Local Government program and we would continue to work with each other as needed.
9 Chapter 191 -Vital Statistics Records-The city does not maintain records of vital statistics,so any issues regarding that
chapter of the TH&S Code would be the responsibility of Denton County and the state.
Chapter 711 -Other than the ordinances already existing regarding maintenance of property and structures,the City
would not have additional responsibilities with ensuring compliance with Chapter 711.The City could consider past
failures to comply with state law when considering the land use issue when an expansion or enlargement of the cemetery
is requested.
12/04/23 Public Hearing D. DCA23-0011 b Why Skip R1 in the SUP table?Also,given the grave regulations, As explained in the AIS/staff analysis,staff recommended private cemeteries in most of the same districts that we
what happens when illicit/non-conforming human graves are found in currently allow funeral and interment facilities uses for consistency purposes;funeral and interment uses are currently
other zoning districts?Will staff seek to spot-repair the SUP tables as prohibited with the R1 district. The reason we allowed in RR and R2 districts was due to existing private cemeteries that
10 sites are located? are otherwise non-conforming.
Regarding future identification of possible existing cemeteries,staff will address it at that time to assess if the schedule of
uses needs to be amended or possible rezoning of property to a zoning district that allows private cemeteries. Based on
existing data,we believe we have addressed all existing privately owned cemeteries in the city.
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