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021425Friday Staff ReportCity 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: Feb. 14, 2025 TO: The Honorable Mayor Hudspeth and Council Members FROM: Sara Hensley, City Manager SUBJECT: Friday Staff Report Upcoming Meetings A.Work Session of the City Council on Tuesday, February 18, 2025, at 3:00 p.m. in theCity Council Work Session Room followed by a Regular Meeting at 7:30 p.m. in theCouncil Chambers. B.Community Partnership Committee on Friday, February 21, 2025, at 9:00 a.m. in the City Council Work Session Room. C.Community Services Advisory Committee on Friday, February 21, 2025, at 12:00 p.m.at the Development Service Center. D.Bond Oversight Committee on Friday, February 21, 2025, at 1:00 p.m. at theDevelopment Service Center. Please check the City of Denton website for final meeting days and times as information is subject to change after the Friday Report is published. Public Meetings & Agendas | Denton, TX (civicplus.com) General Information & Status Updates A.Library Staff Development Day – All library facilities will be closed for annual staff development training on Friday, Feb. 21, 2025. Employees from all three locations willgather to learn new skills and share best practices. Library closings are posted at alllocations on the library’s automated phone system, website, and social media. Materialson hold for library patrons will remain on hold for one extra day due to the closure.Staff Contact: Jennifer Bekker, Library B.Library Receives 2024 Achievement of Library Excellence Award – Denton Public Libraryhas received the 2024 Achievement of Library Excellence Award, conferred by the TexasMunicipal Library Directors Association (TMLDA), an affiliate of the Texas MunicipalLeague. To qualify for this award, libraries must exhibit excellence across various criteria, including serving underserved and special populations, enhancing services, marketing,promoting cultural, topical, and educational programming, providing literacy support,providing summer reading clubs, pursuing collaborative efforts, supporting workforcedevelopment, providing for digital inclusion, and comprehensively training staff. Of the542 public libraries in Texas, only 102 received this award in 2024. Staff Contact: Jennifer Bekker, Library C.Mayor’s Pet Spotlight – Rolly is a loveable four-year-old Boxer who has been in the sheltersince December 5, 2024. This high-energy dog thrives on activity and playtime, making him a perfect companion for an active household. Rolly is very food-motivated, which can be a great asset for training and bonding. He loves toys and will enjoy interactive play sessions that keep him engaged and happy. Due to his high energy and kennel reactivity, finding a foster home or adoption for Rolly would help him de-stress and thrive outside the shelter environment. Please get in touch with Denton Animal Services by phone at (940) 349-7594 or via email at Animal.Services@cityofdenton.com. Staff contact: Bailey Coleson, Animal Services D.Plat Approval and Wall Maintenance – On Friday, Feb. 11, 2025, staff received a residentrequest for information regarding a masonry wall location to the property line and theassociated maintenance responsibilities. Staff provided the resident with a copy of thesubdivision’s final plat and Declaration of Restrictions, which detailed building andmaintenance obligations, and the email address for the Texas Department of Transportation (TxDOT) contact if needed. The wall appears to be south of the property line and possiblyencroaching into TxDOT right of way along Farm-to-Market 2181 and Teasley Lane. Staffcontact: Deanna Cody, Development Services-Real Estate 2 Responses to Council Member Requests for Information A.Plat Approval and Wall Maintenance – On Feb. 10, Mayor Hudspeth inquired if staff couldfollow up with a resident request for information regarding a masonry wall location to theproperty line and the associated maintenance responsibilities. Staff provided the residentwith a copy of the subdivision’s final plat and Declaration of Restrictions, which detailedbuilding and maintenance obligations, and the email address for the Texas Department of Transportation (TxDOT) contact if needed. The wall appears to be south of the propertyline and possibly encroaching into TxDOT right of way along Farm-to-Market 2181 andTeasley Lane. Staff contact: Deanna Cody, Development Services Informal Staff Reports A.2025-028 Transformer Relocation........................................................................................4B.2025-029 Fair Chance Hiring ................................................................................................6C.2025-030 Federal Funding Pause.......................................................................................48D.2025-031 Burch Property...................................................................................................55 E.2025-032 Civic Center Pool...............................................................................................58 Upcoming Community Events and Public Meetings Please visit the City of Denton website for upcoming community events and details. Information A.Council Requests for Information .....................................................................................60. B.Public Meetings Calendar .................................................................................................62 C.Future Work Session Items ...............................................................................................66 D.Street Closure Report .........................................................................................................67 3 February 14, 2025 Report No. 2025-028 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: On Jan. 14, 2025, Mayor Hudspeth requested that Denton Municipal Electric (DME) explore the relocation of an existing electric transformer located on Pecan Street (cross streets: N. Locust Street to the west and N. Austin Street to the east) adjacent to the old Post Office. BACKGROUND: Upon field inspection, the transformer was identified as a 3-phase, pad-mounted, 300 kVA (GIS #9228) unit currently providing service to 16 commercial accounts fed from 6 - 3 phase, underground secondary service laterals. DISCUSSION: The transformer can be moved at an approximate cost of $100,000. Based on DME’s current Electric Service Standards, commercial customers own the service conductors from the secondary terminals from the defined point of delivery in the transformer to their meter base1. For this relocation, 1) DME could contract with an electrician to install six new underground three-phase secondary services from the relocated transformer to the existing meter bases, or 2) require the customers to hire an electrician to re-install the services to the newly relocated transformer. The $100,000 does not include the additional cost of restoring the commercial service laterals. In addition, an easement will need to be acquired from the current owner of the old Post Office where the newly relocated transformer could be placed. Acquisition of this easement would be at an additional cost. DME can install an additional streetlight near the transformer to provide more visibility. The estimated cost of installing a streetlight to light the transformer is around $20,000. The location of this streetlight is undetermined, but staff is currently researching options. This will not be necessary if the City is directed to relocate the transformer. 1 Electric Service Standard, Section 11, 11.1.2.1, December 14, 2021 4 February 14, 2025 Report No. 2025-028 STAFF CONTACT: Jerry Fielder, P.E. Executive Manager of Engineering Services Jerry.Fielder@cityofdenton.com (940) 349-7173 REQUESTOR: Mayor Gerard Hudspeth STAFF TIME TO COMPLETE REPORT: 1 hour PARTICIPATING DEPARTMENTS: Denton Municipal Electric 5 February 14, 2025 Report No. 2025-029 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Implementation of a Fair Chance Hiring Ordinance of the City of Denton. EXECUTIVE SUMMARY: On February 4, 2025, Council Member McGee presented a two-minute pitch to consider an ordinance setting hiring standards to limit employers’ consideration of criminal history on initial job applications. BACKGROUND: On June 6, 2023, Council Member McGee presented a 2-minute policy pitch to the Council requesting a fair chance hiring ordinance be brought to the Council at the next meeting for consideration and vote. The pitch received support from the Council and a proposed Fair Chance Hiring ordinance was brought forward for consideration on June 27, 2023. At that meeting, the Council postponed consideration of the ordinance until the first meeting in January 2024 and requested staff seek community and business feedback on the ordinance prior to that time. A public engagement period was held from October to December 2023. On Jan. 9, 2024, a proposed Fair Chance Hiring ordinance was brought forward for consideration. Council postponed consideration of the ordinance for 120 days to allow for the Denton Chamber of Commerce to propose an alternative to an ordinance. The 120 days expired in May 2024, and the Chamber presented a proposed pilot program to Council at the June 4, 2024 Work Session. Council provided direction to the Chamber to proceed with the proposed program. The ordinance, postponed from January, was considered by Council at the June 4 Council meeting, and did not pass. On December 3, 2024, staff provided an update on the Chamber’s proposed plan, citing that the Chamber reported their program timeline had been temporarily impacted by the transition of the Convention and Visitors Bureau (CVB). The Chamber expressed intention to launch the program in early 2025. DISCUSSION: Fair Chance Hiring Overview Fair chance hiring initiatives (also known as “ban the box” initiatives due to their goal of removing criminal history question boxes in job applications) generally refer to a policy or practice of not considering an applicant’s criminal history in an employment application until later in the hiring process. This information is then typically obtained once a conditional offer has been made. Importantly, these initiatives and their related ordinances, do not limit the authority of an employer to withdraw an employment offer for a lawful reason. According to National Employment Law Project (NELP), 37 states and 150 cities/counties enacted fair chance laws for themselves as public employers. Of these, 15 states and 22 cities/counties extend these to private employers. Most cities and counties listed with NELP as having enacted 6 February 14, 2025 Report No. 2025-029 fair chance hiring laws have only had those laws apply to their organization as an employer. An even greater number may utilize this practice outside of a formal ordinance, like the City of Denton. In Texas, the following cities have enacted formal laws relating to fair chance hiring: Applies Only to Organization Applies Across Jurisdiction Dallas County City of Austin City of San Antonio City of DeSoto Travis County Harris County Existing Laws and Statutes Title VII of the Civil Rights Act of 1964, does not restrict employers from requesting criminal history information at any stage in the hiring process but they should be cautious that doing so does not have an adverse impact against a particular class of applicants. To avoid discrimination that denies equal employment opportunity to anyone on a protected basis, whether by intent or by unlawful disparate impact, employers conduct an individualized assessment of a candidate’s criminal record and the position sought. Additionally, some federal and state laws require a criminal background check to be performed for some positions. These include peace officers, Criminal Justice Information Services (CJIS) certifications, and certain positions in other sectors such as insurance, childcare, energy, etc. There is no requirement as to when a criminal background check should be performed under these statutes. With respect to criminal history inquiries across all job types, no federal or State of Texas laws prohibit inquiring about an applicant’s criminal history prior to a conditional employment offer, though the Equal Employment Opportunity Commission (EEOC) states that an employer that rejects everyone with a conviction from all employment opportunities is likely engaging in discrimination. Also, the EEOC states that 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. The EEOC suggests employers consider waiting until later in the hiring process if they are going to ask criminal history questions. Proposed Fair Chance Hiring Ordinance Structure The ordinance presented incorporates fair chance hiring regulations into the current Comprehensive Non-Discrimination Ordinance (NDO), codified as Chapter 14, Article VIII of the code of ordinances. In this manner, employment protections already provided under the NDO would be extended to include persons with criminal histories under a new section. Additionally, new definitions specific to fair chance hiring would also be incorporated into the NDO. By including fair chance hiring regulations in the NDO, the same administrative and enforcement provisions would apply to fair chance hiring complaints in the same manner that they currently do for NDO complaints. Importantly, this would not add any protected classes to the NDO. 7 February 14, 2025 Report No. 2025-029 Regulated Fair Chance Hiring Practices The fair chance hiring provisions prohibit employers from the following practices if they result in unlawful discrimination (whether such discrimination is intentional or through disparate impact): 1.Publishing information that states or implies that criminal history is an automaticdisqualifier for employment2. Soliciting or otherwise inquiring about criminal history on a job application3.Soliciting criminal history information or considering criminal history prior to a conditional employment offer4.Refusing to consider an applicant because criminal history was not provided prior to aconditional employment offer5.Taking adverse action against an individual due to criminal history unless the individual is unsuitable for the job based on an individualized assessment Staffing agencies may solicit criminal history information and perform an individualized assessment when the staffing agency has identified a job to which the individual will be employed or the individual is placed in a staffing pool. Additionally, an employer who takes an adverse action based on criminal history must inform the individual in writing that the adverse action was based on the criminal history. The regulation also does not absolve the employer from any other federal or state requirements, as applicable, when withdrawing an offer of employment. Applicability and Exclusions The fair chance hiring regulations will apply to all employers in which the NDO is currently applied. This is generally all employers with 15 or more employees. Additionally, the same exemptions within the NDO would also be applied to the fair chance hiring regulations: •Religious organizations •The United States Government or its departments and agencies •The State of Texas or its departments, agencies, and political subdivisions An additional exemption specific to fair chance hiring regulations includes positions for which an individual may be disqualified based on criminal history under federal, state, or local law. This includes peace officers and certain positions in fields such as insurance, childcare, the energy sector, etc. Administration and Enforcement If fair chance hiring regulations are included in the NDO, all administrative and enforcement provisions currently applied to NDO complaints would also apply to fair chance hiring complaints. Just as the NDO directs that for complaints where the state or federal government has jurisdiction, those complainants be referred to those entities, fair chance hiring complainants will be referred to the Equal Employment Opportunity Commission or other applicable state or federal agency. Should such federal or state agency determine it does not have jurisdiction to investigate the complaint, the City may perform an investigation using the processes under the NDO. Since the 8 February 14, 2025 Report No. 2025-029 NDO’s discrimination regulations are the same as the EEOC, if the EEOC determines it has no jurisdiction, the City will almost certainly defer to the EEOC jurisdiction determination. As with the NDO, staff has included a 120-day delay in the effective date of the ordinance to communicate the provision of the ordinance to the community. Public Feedback and Engagement At the June 27, 2023, City Council meeting, the Council postponed consideration of the ordinance until the first meeting in January 2024 and requested staff seek community and business feedback on the ordinance prior to that time. Staff began the engagement period in early October 2023 with feedback and input being accepted through Dec. 5, 2023. During this period, staff conducted three (3) in-person listening sessions, two (2) virtual listening sessions, and hosted a Discuss Denton project page. On the Discuss Denton page (www.discussdenton.com/fairchancehiring), members of the public were able to review information and FAQs on the proposed Fair Chance Hiring ordinance, leave comments, ask questions to be answered by staff, and voice their support or opposition for the proposed ordinance. Additionally, a public hearing was held at the Dec. 5, 2023, City Council meeting where members of the public gave live feedback directly to the City Council. A complete report of the feedback and input received was provided to the Council on Dec. 22, 2023 (attached). CONCLUSION: Upon receipt of the Informal Staff Report, Council Member McGee may indicate if the information provided satisfies their request. Should the request not be satisfied, the item will be considered by the Agenda Committee for placement on a future Work Session agenda or routing through an appropriate board, commission, or committee. ATTACHMENTS: 1. Fair Chance Hiring Detailed Engagement Report (December 2023) 2. Proposed Ordinance (January 2024) 3. Comprehensive Non-Discrimination Ordinance STAFF CONTACT: Kristi Fogle Chief of Staff Kristi.Fogle@cityofdenton.com (940) 349-8565 REQUESTOR: Council Member McGee STAFF TIME TO COMPLETE REPORT: 2.5 hours PARTICIPATING DEPARTMENTS: City Manager’s Office, Legal 9 Project Report 20 April 2021 - 11 December 2023 Discuss Denton Fair Chance Hiring Highlights TOTAL VISITS 512 MAX VISITORS PER DAY 47 NEW REGISTRATI ONS 28 ENGAGED VISITORS 39 INFORMED VISITORS 140 AWARE VISITORS 398 Aware Participants 398 Aware Actions Performed Participants Visited a Project or Tool Page 398 Informed Participants 140 Informed Actions Performed Participants Viewed a video 0 Viewed a photo 0 Downloaded a document 18 Visited the Key Dates page 16 Visited an FAQ list Page 27 Visited Instagram Page 0 Visited Multiple Project Pages 71 Contributed to a tool (engaged)39 Engaged Participants 39 Engaged Actions Performed Registered Unverified Anonymous Contributed on Forums 22 0 0 Participated in Surveys 0 0 0 Contributed to Newsfeeds 0 0 0 Participated in Quick Polls 29 0 0 Posted on Guestbooks 0 0 0 Contributed to Stories 0 0 0 Asked Questions 4 0 0 Placed Pins on Places 0 0 0 Contributed to Ideas 0 0 0 Visitors Summary Pageviews Visitors 1 Sep '23 1 Nov '23 50 100 150 10 Tool Type Engagement Tool Name Tool Status Visitors Registered Unverified Anonymous Contributors Forum Topic Fair Chance Hiring Ordinance Feedback Published 74 22 0 0 Newsfeed New FAQ - Does the ordinance require a business to hire s...Published 1 0 0 0 Qanda Submit a Question Published 28 4 0 0 Quick Poll Do you support the proposed Fair Chance Hiring Ordinance?Published 30 29 0 0 Quick Poll Do you live or work in Denton?Published 4 4 0 0 Quick Poll What best describes you?Published 4 4 0 0 Discuss Denton : Summary Report for 20 April 2021 to 11 December 2023 ENGAGEMENT TOOLS SUMMARY 1 FORUM TOPICS 0 SURVEYS 1 NEWS FEEDS 3 QUICK POLLS 0 GUEST BOOKS 0 STORIES 1 Q&A S 0 PLACES Page 2 of 15 11 Widget Type Engagement Tool Name Visitors Views/Downloads Faqs faqs 27 32 Key Dates Key Date 16 26 Document Proposed Fair Chance Hiring Ordinance.pdf 14 18 Document Public Meeting Presentation 12 14 Document Fair Chance Hiring Ordinance Public Input Flyer.pdf 8 8 Document City of Denton Comprehensive Non-Discrimination Ordinance 7 8 Discuss Denton : Summary Report for 20 April 2021 to 11 December 2023 INFORMATION WIDGET SUMMARY 4 DOCUMENTS 0 PHOTOS 0 VIDEOS 1 FAQS 0 KEY DATES Page 3 of 15 12 Visitors 74 Contributors 22 CONTRIBUTIONS 95 15 October 23 Liam Gaume-Wakefield AGREES 3 DISAGREES 2 REPLIES 0 16 October 23 Dave Collins AGREES 7 DISAGREES 1 REPLIES 1 18 October 23 Lincoln AGREES 3 DISAGREES 2 REPLIES 0 19 October 23 kevans14 AGREES 2 DISAGREES 1 REPLIES 0 23 October 23 kevans14 AGREES 1 DISAGREES 0 REPLIES 0 Discuss Denton : Summary Report for 20 April 2021 to 11 December 2023 FORUM TOPIC Fair Chance Hiring Ordinance Feedback This must be done because how can expect people to reintegrate society if they can’t g et a job. This is not a municipal concern. This would be a state legislature concern. My person al opinion is the city has no business trying to tell a business that they are prohibited fr om protecting their personnel and property by screening applicants. You have no business forcing businesses to hire ex cons. You are adding costs to busi nesses. It seems to me that once someone has served their time, the punishment should be ov er. Ex-cons should be able to move on with their lives and improve themselves and so ciety after paying for their crimes. I would be in favor of the 'fair chance' initiative. I se e other comments talking about 'forcing' businesses to hire ex-cons, but that misrepres ents what's going on. The idea is not to force any hire. It's just to Not force ex-cons to have to identify as having been convicts. Businesses can hire who they want, on the m erits, but will do so without necessarily knowing a person's previous convict status. Do I have that right? Although I am in favor of the 'Fair Chance' ordinance in principle, I think you raise an in teresting point about what level of government this should happen within. Maybe this s hould even be a federal concern... but why necessarily should it be a city concern? Ag ain, I'm in favor, but it's a good point you raise. Page 4 of 15 13 26 October 23 KW AGREES 4 DISAGREES 1 REPLIES 0 26 October 23 KW AGREES 3 DISAGREES 0 REPLIES 0 26 October 23 Lazarus AGREES 4 DISAGREES 0 REPLIES 0 02 November 23 S Hunt AGREES 0 DISAGREES 2 REPLIES 0 Discuss Denton : Summary Report for 20 April 2021 to 11 December 2023 FORUM TOPIC Fair Chance Hiring Ordinance Feedback Do not think this is fair to smaller business. The cost and time put in for interviews, then finding out after the fact that someone does not fit, possible missing out on some one w ho was a better fit. If you have a business' that has lots of children and hires young teenagers, seems you would want to know if they had a sexual conviction. While I think that low level misdemeanors and small convictions could be seen as a hin drance to people looking to get hired, because people have a unfair vision of anyone w ho has a conviction. But higher and more dangerous convictions should be disclosed t o protect workers and others. I want to thank city staff for doing their due diligence to develop this ordinance. I think t hat the ordinance effectively addresses a critical obstacle to citizens who are earnestly working towards gainful employment while putting criminal history behind them. Peopl e need to work and employers have many jobs that need to be filled. Not all laws or leg al processes are just and not all punishments fit the crime. Our justice system is imperf ect. The stigma of having a criminal background is heavy no matter how minor the crim e. When people are unable to obtain an honest living due to discrimination, they have n o choice but to pursue dishonest means of providing for themselves and their depende nts. This ordinance doesn't compel any employer to hire ex-cons. I only wish there wer e a way to help more citizens come to this discussion with a better understanding of th e realities of the hiring process, and without the fear-based misconception that a munici pality would somehow be motivated to coerce employers to hire former criminals again st their wishes. Comments to the effect of the city being the wrong level of government to address the issues strike me as NIMBY-ism. I think that should this ordinance be ad opted and the local unemployment rate decrease, Denton will be well-regarded for its l eadership and visionary approach. Page 5 of 15 14 05 November 23 KAS AGREES 2 DISAGREES 0 REPLIES 0 Discuss Denton : Summary Report for 20 April 2021 to 11 December 2023 FORUM TOPIC Fair Chance Hiring Ordinance Feedback We live in a wonderful society where you can get a first, second, third chance etc. if/wh en necessary. Those scenarios are entirely common, and as an employer in this count y for decades, we have engaged in employing folks looking for opportunities, based on a criteria we have for public safety and our consumers. For context, the State of Texas, the City of Denton, Denton County and the entire business community in this State hav e and are participating in "At-Will" employer/employee relationships. Quite literally, this means that any entity and person seeking employment in/and doing business in the St ate of Texas are in a default employment relationship. Which interprets to that employe rs and employees can terminate or modify the employment at any time, for any reason, without notice or jurisdiction, unless prevented by law or express agreement. This quit e literally gives them the governing bodies authority to discriminate based on their hirin g and employment criteria for any reason or without, at any time. The same applies to c ommerce, you are free to conduct and engage in business with anyone in the product s pace you are pursuing, both as the offerors and the potential receivers of such goods o r services. That's why Texas is booming and Fortune 500 companies are continually m oving in and investing in Texas. The question is, will the governing bodies comply with the ordinance that is being proposed to the private business sector? And the answer is no. - From the private business side, there are costs that will effect the COGS of any bu siness when efficiencies are compromised, including the hiring process. It's part of the general overhead, often overlooked, but the value is present regardless. And I have yet to see a successful business or organization that does not require efficiencies, regardle ss of their models. (In our personal business and corporate operations, we look for tale nt, but we assess every aspect of the hiring process to best fill a position for employme nt that represents the culture we are maintaining, developing and/or creating. That proc ess includes people being up front honest and transparent about whatever offense the y have committed. We as the employer maintain control to create the culture we want t o best represent our core values and services. And that has historically included emplo ying people with previous convictions, H1B visas, wherever the talent pool takes us. B ut ultimately, it's our process and our decision. And omitting information would be view ed as deceitful and not very helpful to the prospective applicant.) - Looking at it from th e employee side, why would you want to apply and possibly work for an organization th at has the potential to discriminate against you? Would it not be better for an individual to understand prior to application to know and understand that they may not be qualifie d for any various reason set forth for employment? Thus increasing their opportunity to be efficient in finding gainful employment. As prospective hire, if hired as an employee would you stand to gain by being in an uncomfortable work environment? If in the end t he employer has a set of criteria, which will be made know in the process ultimately, an d restricts your employment, would you not wish to know that as well? So as not to was te your time and be in the best position based off of your personal criteria to be success ful in achieving gainful employment? - In conclusion, I personally feel that people who have paid their debt to society, have paid their debts when in compliance. I also find it e xtremely valuable to an employer to have the ability to create a job position or career o pportunity based on whatever criteria they set. It's not up to the local municipality to dec ide how you run or operate your business, that's for you and the markets to decide. An d if you develop a product that is beneficial to your community, you will be rewarded re gardless of who the employee class is or were. I am curious to what the "prosecutorial commission to be created" (at taxpayers expense) would use as a criteria for "investiga ting" and potentially prosecuting local business owners for trying to create the best pro duct they can for their communities safely and efficiently? Which prosecuting such "offe nse", in itself is a conflict of interest with the State of Texas and business practices. Pro secution in turn, which would pit the State (prosecuting municipal attorney), against the State of Texas and their adopted business laws. The municipalities have to either enfor ce exiting laws, engage in another losing legal battle, or seek relief through the legislati ve process. I would also suspect that a lawsuit would arise from the State itself and th e business community, against this proposed ordinance if enacted, in which the taxpay ers of the City of Denton will be left defending, and losing, wasting $million$ more, just as we have in recent legal losses that we are still on the hook for and are paying. I'm of ten reminded of that wastefulness engaged in when attempting to maneuver around or running over a pot hole, as many taxpaying citizens are as well. And then ask yourself , if the proposers of the ordinance were liable and the fiduciary protections were remov ed against elected officials, would they govern and behave the same way? The answer to that as well is no, the proposers will not risk personal wealth and treasures. Thanks as always for the opportunity to chime in and for the platform to do from. Page 6 of 15 15 06 November 23 Bob AGREES 3 DISAGREES 0 REPLIES 0 06 November 23 Bob AGREES 4 DISAGREES 0 REPLIES 0 06 November 23 Bob AGREES 3 DISAGREES 2 REPLIES 0 07 November 23 Ttocsdor AGREES 1 DISAGREES 2 REPLIES 0 07 November 23 Denton AGREES 0 DISAGREES 1 REPLIES 0 13 November 23 Angela AGREES 2 DISAGREES 1 REPLIES 0 Discuss Denton : Summary Report for 20 April 2021 to 11 December 2023 FORUM TOPIC Fair Chance Hiring Ordinance Feedback If you are in a business employing high school and college age boys & girls, there must be some way of screening possible employees who might be either working along side or managing these other employees. You should not be restricted from finding out about questionable background right up front. Saves everyone time and disappointmen t. I'm always guarded against accepting rules from authorities who will not accept the sa me rules themselves. What's good for the goose should also be good for the gander. M y understand is that our city departments will not be held to the same requirement(s) s et by the Fair Chance Employment rules & restrictions being discussed. The members of a seven member City Council in a city like Denton, with two universiti es and a community college and literally hundreds of businesses should not have the a uthority to establish restrictions on what questions owners/managers can ask "up front " of a prospective employee. Such questions & answers could help determine saf ety factors, actions, environment or other key elements affecting their business, other employees, their operation and their business's performance. Too often, those governi ng members have little, or no, experience actually hiring employees themselves or dev eloping/running a business. Quit virtue signaling. How about you fix streets, support law enforcement, decrease va grancy, & lower our taxes rather than waste time on on your pet social causes. W e have enough federal hiring guidelines to choke on. Stay in your lane. I own a financi al services business. Do you want a money launderer involved in handling your money ? Why don’t you help people without criminal records get jobs? Why would you advertise for criminals to come work in our city? Then they move here then we have more crime. I am wondering why the city of Denton really wants to pass this ordinance. Is it becaus e Austin passed it , so now we need to pass it? Why does our Denton leadership want to be the next Austin? We can see how left leaning policies have destroyed that city. Al so, why does Denton leadership want to control how small businesses operate ? They should be grateful that businesses provide tax dollars to fund their pursuits. Page 7 of 15 16 17 November 23 Mark AGREES 4 DISAGREES 1 REPLIES 1 20 November 23 Franny AGREES 3 DISAGREES 0 REPLIES 0 21 November 23 Kels AGREES 3 DISAGREES 1 REPLIES 0 24 November 23 Shawash2 AGREES 2 DISAGREES 0 REPLIES 0 Discuss Denton : Summary Report for 20 April 2021 to 11 December 2023 FORUM TOPIC Fair Chance Hiring Ordinance Feedback Any profession that requires a fiduciary relationship with others must be excepted. Als o, many crimes involve violence or moral turpitude which could affect the duty of an em ployer to provide a safe workplace....unfairly placing other employees at risk and/or for cing an employer to be held accountable for not protecting other employees (in the eve nt a workplace incident happens with an employee with such a history). Other criminal history (e.g. minor, with no violence or honesty issues) may not involve such risk to thir d parties. Finally, while we are at effectively full employment with many jobs going unfill ed that may be by preference or choice of the unemployed, a compelling need for such an accommodation may not exist, meaning the risk may not be worth imposing such a r egulation. My office would have some concerns about this legislation. Everyone in our office has full access to hundreds of client's personal information, such as full names, social secu rity numbers, addresses, and birthdates. We have to be very careful when hiring, and would not be able to hire someone with a criminal history. I have concerns about the ordinance as written. My company does not generally take c riminal history into account when hiring, however we do inquire about criminal history i n our application. We do not make interviewing or hiring decisions based on this inform ation, but we do consider whether an applicant can be honest in answering and approp riate in reflecting on the history. It is also the best opportunity to frankly discuss the crim inal history productively with the applicant if there are concerns. I see the City saying th at federal or state law requiring background checks supersedes this ordinance, but my staff fall outside those very specific jobs even though many have access to very sensiti ve personal and financial information, come into contact with children regularly as part of their duties, etc. If nothing else, prior knowledge of criminal history might affect the a ccess and supervision given to a new staff member. Due to the nature of our business, there is not usually much, if any, of a waiting period between an offer of employment an d starting in a position, so the idea of making a conditional offer and only then explorin g criminal history is fairly unworkable for us. I understand that the City is trying to acco mplish something positive here, but I think the actual result is going to be increasing th e burden and management of hiring processes (which my company tries to keep simpl e and up-front) with no material gain to the stakeholders they are trying to assist. Havin g said all of that, upon closer reading, the City seems to be trying to sidestep certain co mplications by inserting the underlined section suggesting that the prohibited conduct i s only prohibited if it results in unlawful discrimination. And if that's the case, then I am not really sure what the point of the ordinance is, as unlawful discrimination is already u nlawful and this ordinance would simply add confusion to a hiring process that can alre ady be burdensome for employers. Businesses should be allowed to make hiring decisions for themselves and not have re gulations put on them that restricts them. Who they choose to hire is their decision, and no one else's. Page 8 of 15 17 25 November 23 Eh AGREES 0 DISAGREES 0 REPLIES 0 26 November 23 Mark AGREES 1 DISAGREES 1 REPLIES 0 Discuss Denton : Summary Report for 20 April 2021 to 11 December 2023 FORUM TOPIC Fair Chance Hiring Ordinance Feedback I was going to reply to this discussion but this gentleman’s statement sums up what I w as going to express. The ordinance is nonsense! He governs best who governs least. First requirement of creating laws is to do no harm . This proposal has a good motive, but the unintended consequences are legion and off set any substantive value. Second requirement for lawmaking is that a law should ONL Y be created to address a compelling need that cannot be resolved otherwise. That ne ed at a time of effective full employment has not been demonstrated. Page 9 of 15 18 Visitors 28 Contributors 4 CONTRIBUTIONS 5 Q Seanjake Have you considered the unintended consequence, which has been documented following similar "ban the box" initiat ives, that employers may simply avoid hiring anyone who seems like they may have had a criminal background, thus actually narrowing hiring opportunities instead of increasing them? A Publicly Answered Thank you for your feedback. One of the reasons the City is providing multiple opportunities for community and busin ess input is to ensure we are considering any potential unforeseen and unintended consequences. Q Seanjake Will organizations and businesses that work with vulnerable communities (child care, pregnancy care, human traffickin g recovery, etc.) still be able to require criminal background checks, even in the absence of federal regulations requiri ng them? A Publicly Answered A Fair Chance Hiring Ordinance does not prohibit an employer from inquiring about an applicant’s criminal history if th ere are federal or state laws that require a criminal history check, or if a conviction of a criminal offense would disqualify a person from holding a particular position (e.g., child day care facilities, public safety positions, certain fina ncial or insurance positions) Further, a criminal history check may still be performed, provided it does not result in illegal discrimination, including by a disparate impact of such checks. Discuss Denton : Summary Report for 20 April 2021 to 11 December 2023 QANDA Submit a Question 13 October 23 13 October 23 Page 10 of 15 19 Q Glenda So what is to prevent a convicted pedophile from applying for a job at a child care center? Do you think that is ok-- really? Gee, what could go wrong?? This proposal is insane. This is government overreach, and we believe the City C ouncil should BACK OFF and leave businesses alone. Glenda and Robert Kallman A Publicly Answered There are laws that disqualify a person from holding a particular position due to a conviction for a certain offense (e.g. , persons employed by child day care facilities, public safety positions, certain financial or insurance positions) so, em ployers for those positions would not violate the ordinance merely by performing a criminal history check unless they did so in a manner that was also in violation of federal or state law. Q GraceWeatherly There is an exemption for jobs requiring a background check but who decides whether that exemption actually applies? Also how does this affect the affirmative defense created under state law for employers of service & delivery people whose job it is to go inside customer’s homes? A Publicly Answered The prospective employer in making its hiring decision will be responsible for determining whether an exemption appli es. If a complaint is filed, and if the complaint is referred to the state or federal agency responsible for investigating e mployment discrimination complaints, that agency will determine whether an exemption applies. If the state/federal ag ency determines it does not have jurisdiction over the complaint, the complaint will be investigated by a third-party inv estigator hired by the City, who will be responsible for determining whether an exemption applies. If the investigator d etermines an exemption applies, the complaint will be closed. Regardless of who investigates the complaint, a prospe ctive employer would be allowed to assert any affirmative defense allowed by law and a final determination on the me rits of the complaint would be made by the investigating authority. Discuss Denton : Summary Report for 20 April 2021 to 11 December 2023 QANDA Submit a Question 19 October 23 07 November 23 Page 11 of 15 20 Q Denton How can the city get involved in a private companies hiring practices? Especially having them waste their time intervie wing someone they will not hire because of there criminal back ground. A Publicly Answered Local, state, and federal governments have the right to regulate, within certain parameters, the hiring practices of priv ate companies to protect individuals from illegal acts of an employer. For example, the United States Congress has p assed legislation that prohibits certain actions of an employer, such as child labor prohibitions and protections, and dis crimination in employment based upon being a member of a protected class, including but not limited to race, religion, national origin, age, and disability. Discuss Denton : Summary Report for 20 April 2021 to 11 December 2023 QANDA Submit a Question 07 November 23 Page 12 of 15 21 Visitors 30 Contributors 29 CONTRIBUTIONS 29 Discuss Denton : Summary Report for 20 April 2021 to 11 December 2023 ENGAGEMENT TOOL: QUICK POLL Do you support the proposed Fair Chance Hiring Ordinance? Do you support the proposed Fair Chance Hiring Ordinance? 10 (34.5%) 10 (34.5%) 15 (51.7%) 15 (51.7%) 3 (10.3%) 3 (10.3%)1 (3.4%) 1 (3.4%) Yes No Unsure Unsure, and need more information Question options Page 13 of 15 Mandatory Question (29 response(s)) Question type: Radio Button Question 22 Visitors 4 Contributors 4 CONTRIBUTIONS 4 Discuss Denton : Summary Report for 20 April 2021 to 11 December 2023 ENGAGEMENT TOOL: QUICK POLL Do you live or work in Denton? Do you live or work in Denton? 3 (75.0%) 3 (75.0%) 1 (25.0%) 1 (25.0%) Live and work in Denton Live, but do not work in Denton Question options Page 14 of 15 Mandatory Question (4 response(s)) Question type: Radio Button Question 23 Visitors 4 Contributors 4 CONTRIBUTIONS 4 Discuss Denton : Summary Report for 20 April 2021 to 11 December 2023 ENGAGEMENT TOOL: QUICK POLL What best describes you? What best describes you? 2 (50.0%) 2 (50.0%) 2 (50.0%) 2 (50.0%) Business owner/manager Not a business owner/manager Question options Page 15 of 15 Mandatory Question (4 response(s)) Question type: Radio Button Question 24 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 14, ARTICLE VIII OF THE CODE OF ORDINANCES (NON-DISCRIMINATION IN PUBLIC ACCOMMODATIONS, EMPLOYMENT PRACTICES, AND HOUSING), TO ADD A FAIR CHANCE HIRING PROVISION TO SECTION 14-203-5 SETTING HIRING STANDARDS TO LIMIT EMPLOYERS’ CONSIDERATION OF THE CRIMINAL HISTORY ON AN INITIAL JOB APPLICATION; PROVIDING SEVERABILITY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND CODIFICATION; PROVIDING FOR A PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton recognizes that people with criminal histories suffer from pervasive discrimination in many areas of life, including employment, housing, education, and eligibility for many forms of social service benefits; and WHEREAS, an employer's neutral policy (e.g., excluding applicants from employment based on certain criminal conduct) can disproportionately impact some individuals based on their race or national origin as described in the U.S. Equal Employment Opportunity Commission Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act, EEOC Enforcement Guidance No. 915.002; and WHEREAS, the City of Denton recognizes that legal protections extended to most protected classes under federal and state law do not apply to persons with criminal histories; and WHEREAS, the City of Denton seeks to assist with the successful reintegration of formerly incarcerated people into the community after their release; and WHEREAS, lack of employment is a principal factor for recidivism, with people who are employed proving significantly less likely to be re-arrested; and WHEREAS, removal of obstacles to employment for people with criminal histories increases public health and safety by providing economic and social opportunities to large groups of citizens; and WHEREAS, people with criminal histories represent a group of job seekers who are ready to contribute and add to the workforce; and WHEREAS, the City Council finds that denying an employment opportunity to an otherwise qualified person based on the person's criminal history that is not relevant to the job under consideration is unjust; is detrimental to the health, safety, and welfare of the residents of the City; prevents the reintegration of the person into the community; creates a burden on public resources and law enforcement; contributes to crime and recidivism; and contributes to unemployment and harms the local economy; and WHEREAS, the Council further finds that it is within the police power and the responsibility of the City to remedy the problems enumerated in herein; and 25 2 WHEREAS, the City Council declares it to be the public policy of the City that all persons subject to its jurisdiction should enjoy equal human rights, including the ability to earn wages through gainful employment, without being subject to discrimination based on their criminal history; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference to the body of this Ordinance as if fully set forth herein. SECTION 2. The City Council finds that adopting this amendment to Chapter 14, Article VIII, that Section 14-203-5 of the City Code of Ordinances removes an obstacle to employment for people with criminal histories, increases public health and safety by providing economic and social opportunities to large groups of citizens, ameliorates the disproportionate impact of certain hiring practices on individuals based on their race or national origin, and enhance the quality of life of the citizens of the City of Denton and serves a compelling governmental interest. SECTION 3. Chapter 14, Article VIII of the City of Denton Code of Ordinances, entitled “Non- Discrimination in Public Accommodations, Employment Practices, and Housing,” is hereby amended to add Section 14-203-5(c), entitled “Fair Chance Hiring,” and provided as follows: “Sec. 14-203-5: Employment Practices . . . (c)Fair Chance Hiring (1)Policy Declarations. (a)The City of Denton celebrates its diverse population, and to that end, it is hereby declared to be the public policy of the City of Denton that all persons subject to its jurisdiction should enjoy equal human rights, including the ability to earnwages through gainful employment. (b)The City of Denton recognizes that legal protections extended to most protected classes under federal and state law have not been extended to protect individuals with criminal histories, but that excluding applicants for employmentbased on criminal history may result in discrimination, whether by intent or byunlawful disparate impact, that denies equal employment opportunities due to anapplicant’s race, color, national origin, age, religion, disability, sex, sexual orientation, or gender identity. (c)The City of Denton recognizes that an employer that rejects everyone witha criminal conviction from all employment opportunities is likely engaging in 26 3 discrimination, and that an employment policy that rejects many more applicants of one race, color, national origin, age, religion, disability, sex, sexual orientation, or gender identity is discriminatory if the policy is not closely related to the job. (d) The City of Denton has determined that employers waiting until later in the hiring process to inquire about an applicant’s criminal history will reduce discrimination, whether by intent or by unlawful disparate impact, that denies equal employment opportunities due to race, color, national origin, age, religion, disability, sex, sexual orientation, or gender identity. (2) Definitions: (a) In addition to the definitions in Section 14-203-2, the following definitions also apply to Subsection 14-203-5(c). (b) In Subsection 14-203-5(c), the following words, terms, and phrases, when used, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning: Adverse Action means an employer's refusal to hire, a refusal to promote, or the revocation of an offer of employment. Applicant means an individual who submits an initial job application or other documentation for employment. Conditional Employment Offer means an oral or written offer by an employer to employ an individual in a job, or placement in an employment agency's staffing pool, that is conditioned on the employer's evaluation of the individual's criminal history. Conviction means a record from any jurisdiction that includes information indicating that a person has been convicted of a felony or misdemeanor, provided that the conviction is one for which the person has been placed on probation, fined, imprisoned, or paroled. Criminal History means an arrest, conviction, plea of nolo contendere, or deferred adjudication arising from a felony criminal accusation, or a Class A or Class B misdemeanor criminal accusation, made under state law, federal law, or a comparable law of another state of the United States. Criminal History Report means any criminal history report, including, but not limited to, those produced by the Texas Department of Public Safety, National Crime Information Center (NCIC), Federal Bureau of Investigation, other law enforcement or police agencies, or courts, or by any consumer reporting agency or business or employment screening agency or business. 27 4 Employment means to work for an employer for pay. The term includes full time work, part time work, temporary or seasonal work, contract work, casual or contingent work, work through the services of a temporary or other employment agency, and participation in a vocational, apprenticeship, or educational training program. Individualized Assessment means an evaluation of the criminal history of an individual that includes, at a minimum, the following factors: (1) the nature and gravity of any offenses in the individual's criminal history; (2) the length of time since the offense and completion of the sentence; and (3) the nature and duties of the job for which the individual has applied. Initial Job Application means the first written or oral expression of interest in a job by an individual made in compliance with the employer's established criteria for receiving expressions of interest. Job means an employment position with an employer for which the employer has solicited or accepted applications and which the employer is currently attempting to fill. Staffing Pool means a list of individuals retained by an employment agency before the assignment of a specific job to perform for another employer. (3) Applicability (a) Subsection 14-203-5(c) applies to an employer as defined in Section 14- 203-2. (b) Subsection 14-203-5(c) does not apply to employment for which an individual may be disqualified based on the individual's criminal history under a federal, state, or local law, or compliance with legally mandated insurance or bond requirement. (c) Nothing in Subsection 14-203-5(c) limits an employer's authority to make a hiring decision for any lawful reason, including the determination that an individual is unsuitable for the job based on an individualized assessment of the applicant's criminal history. (4) Fair Chance Hiring Practices 28 5 (a)An employer may not commit any of the following listed actions where suchaction results in discrimination, whether by intent or by unlawful disparate impact, that denies an applicant an equal employment opportunity due to race, color, national origin, age, religion, disability, sex, sexual orientation, or genderidentity: (1)An employer may not publish or cause to be published information about a job that states or implies that an individual's criminal historyautomatically disqualifies the individual from consideration for thejob. (2)An employer may not solicit or otherwise inquire about the criminal history of an individual in an initial job application for a job. (3)An employer may not inquire in oral or written form about anapplicant’s criminal history, solicit a criminal history report about anapplicant, or consider an applicant's criminal history before the employer has first made a conditional employment offer to the applicant. This does not preclude an employer from explaining toapplicant, in writing, the individualized assessment process that theemployer uses to consider criminal history. (4)An employer may not refuse to consider employing an individual in a job because the individual did not provide criminal historyinformation before the individual received a conditional employmentoffer. (5)An employer may not take adverse action against an individual because of the individual's criminal history unless the employer hasdetermined that the individual is unsuitable for the job based on anindividualized assessment conducted by the employer. (6)An employer who takes adverse action against an individual based on the individual's criminal history must inform the individual inwriting that the adverse action was based on the individual's criminalhistory. (7)Notwithstanding any other part of Subsection 14-203-5(c), an employment agency may solicit criminal history information aboutan individual and make an individualized assessment of anindividual's criminal history before the staffing agency places theindividual in a staffing pool or has identified a job to which the individual will be employed.” SECTION 4. This Ordinance shall be cumulative of all provisions of ordinances of the City of Denton, except where the provisions of this Ordinance are in direct conflict with the provisions 29 6 of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5. All other provisions of Chapter 14, Article VIII apply to Fair Chance Hiring except where there is a direct conflict with a specific provision of Section 14-203-5(c), in which case the specific provision of Section 14-203-5(c) shall control. SECTION 6. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 7. The City Secretary is hereby directed to record and publish the above regulations in the City's Code of Ordinances. SECTION 8. Any person violating any provision of this Ordinance shall, upon conviction, be found guilty of a Class “C” misdemeanor and fined a sum not to exceed five hundred dollars ($500.00) for each violation. SECTION 9. This Ordinance shall become effective one hundred-twenty (120) calendar days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this Ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. The motion to approve this Ordinance was made by and seconded by ; this Ordinance was passed and approved by the following vote [ - ]: Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Paul Meltzer, District 3: Joe Holland, District 4: Brandon Chase McGee, At Large Place 5: Jill Jester, At Large Place 6: 30 7 PASSED AND APPROVED this the day of , 2025. GERARD HUDSPETH, MAYOR ATTEST: LAUREN THODEN, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: 31 ORDINANCE NO.22-407 AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES (HEALTH & HUMAN SERVICES) TO ADD ARTICLE VIII, TITLED“NON-DISCRIMINATION IN PUBLIC ACCOMMODATIONS, EMPLOYMENTPRACTICES. AND HOUSING;” REPEALING CHAPTER 15 OF THE CODE OFORDINANCES (HOUSING), PROVIDING SEVERABILITY; PROVIDING A SAVINGSCLAUSE; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION ANDCODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton celebrates its diverse population; and WHEREAS, the City of Denton recognizes that legal protections extended to most protected classes under federal and state law have not been completely extended to protect individuals against discrimination based on their sexual orientation or gender identity; and WHEREAS, the City of Denton declares it to be the public policy of the City that all persons subject to its jurisdiction should enjoy equal human rights, including the ability to earnwages through gainful employment, to obtain and enjoy goods, services, facilities and accommodations in all places of public accommodation, and to obtain housing, without being subject to discrimination based on race, color, national origin, age, religion, disability, sex, sexual orientation, or gender identity, which otherwise is detrimental to the peace, progress, and welfareof the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Council finds that adopting a Non-Discrimination Ordinance that addresses public accommodations, employment practices, and housing, enhances the public welfare and quality of life for residents, visitors, and businesses in the City of Denton. SECTION 3. Chapter 14 of the City of Denton Code of Ordinances, entitled “Health & Human Services,” is hereby amended to add Article VIII, entitled “Non-Discrimination in Public Accommodations, Employment Practices, and Housing,” as provided as follows: ARTICLE VIII: NON-DISCRIMINATION IN PUBLIC ACCOMMODATIONS,EMPLOYMENT PRACTICES, AND HOUSING Sec. 14-203-1. Equal rights policy. (a) Policy Declarations. ( 1) The City of Denton celebrates its diverse population, and to that end, it is hereby declared to be the public policy of the City of Denton that all persons subject to its jurisdiction 1 32 should enjoy equal human rights, including the ability to earn wages through gainfulemployment, to obtain and enjoy goods, services, facilities and accommodations in all places of public accommodation, and to obtain housing. (2) it is policy of the City of Denton to ensure that no one is denied employment, publicaccommodations, or housing based on race, color, national origin, age, religion, disability, sex, sexual orientation, or gender identity. (3) The City of Denton recognizes that legal protections extended to most protected classes under federal and state law have not been completely extended to protect individualsagainst discrimination based on their sexual orientation or gender identity. Sec. 14-203-2. Definitions (a) in this ordinance, the following words, terms, and phrases, when used, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning: (1) Administrator means the individual designated by the City Manager or their designee to receive, investigate, and conciliate complaints under this ordinance and includes the administrator’s designated representatives . (2) age shall mean a person forty (40) or more years of age. (3) Business day shall mean a day the City of Denton is open and conducts official business. (4) Complainant shall mean a person who files a complaint pursuant to Section 14-203-11. (5) Conciliation shall mean the attempted resolution of issues raised by a complaint or bythe investigation of a complaint, through informal negotiations or mediation. (6) Conciliation agreement shall mean a written agreement setting forth the resolution ofissues pursuant to conciliation. (7) Disability shall mean a physical or mental impairment that substantially limits one (1) or more major life activities of an individual, a record of such an impairment or being regarded as having such an impairment; it is to be construed to be in accordance withthe Americans with Disabilities Act and the ADA Amendments Act of 2008. (8)Discrimination shall mean any direct or indirect disparate, prejudicial, or unjust treatment, distinction, segregation, limitation, refusal, denial or other differentiation of a person or persons, based on a particular characteristic or by classifying or categorizing a person based on perceived or actual participation in a certain group of people with a particular characteristic. (9) Dwelling shall mean: a.A building, structure or part of a building or structure, that is occupied as, or designed or intended for occupancy as, a residence for one (1) or more persons; 2 33 b. Vacant land that is offered for sale or lease for the construction or location of a building, structure or part of a building or structure, described in subsection (a). (10) Educational institution shall mean: a. b. C. d. Any prekindergarten, kindergarten, primary, secondary, or postsecondary educational institution, supported in whole or in part by state tax funds; A "private school" as defined by V.T.C.A., Education Code § 5.001(6-a); An "open-enrollment charter school" as defined by V.T.C.A., Education Code § 5.001 (6); An "institution of higher education" as defined by V. T.C.A., Education Code § 61.003(8); or e. A "private or independent institution of higher education" as defined by V. T.C.A., Education Code § 61.003(15). (1 1) Employee shall mean any individual employed by an employer. The term does notinclude an elected official. (12) Employer shall mean any person who has fifteen (15) or more employees for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year and includes any agent of such person. The term does not include any person specifically excluded from this section. (13) Employment agency shall mean any person, and any agent of a person, who regularly undertakes, with or without compensation, to procure: a. Employees for an employer; or b.Opportunities for a person to work for an employer. (14) Familial status means one (1) or more individuals, who have not attained the age of eighteen (18) years, being domiciled with: a. A parent or another person having legal custody of such individual or individuals; or b. The designee of such parent or other person having such custody, with the written permission of such parent or other person ; or c. A person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years. (15) Family includes a single individual. (16) Gender identity shall mean a person's real or perceived gender identity as male, female, both, or neither, and/or an innate, deeply felt sense of gender, which may or may not correspond to the person’s physical anatomy and also includes a person’s gender expression through external characteristics and behaviors including, but not limited to, dress, grooming, mannerisms, speech patterns and social interactions, that are identified with a particular gender or sexual orientation. 3 34 (17) Joint labor -management committee shall mean an entity that controls apprenticeship orother training or retraining programs, including on-the-job training programs. (18) Labor organization shall mean a labor organization and any of its agents, and includes: a.Any organization, agency or employee representation committee, group,association, or plan in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms and conditions of employment;and b. Any conference, general committee, joint or system board or joint council so engaged, that is subordinate to a national or international labor organization. (19) Non-profIt organization shall mean an organization exempt from taxation as provided inInternal Revenue Code, 26 U.S.C. § 501 (c). (20) Person includes one (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies,trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, fiduciaries, and any other organization or entity of whatever character. (21 ) Place of public accommodation means any of the following establishments if they are open to the general public and, for compensation, offer any product, service, or facility to the general public : a.Any inn, hotel, motel, or other establishment that provides lodging to transient guests, other than an establishment: 1.Located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of the establishmentas a residence; or 2.In which the majority of the occupants are permanent residents and maintain their fixed place of domicile in the establishment. b.Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of a retail establishment or gasoline station; C. d. e. Any motion picture house, theater, concert hall, sports arena, stadium, or other place of exhibition or entertainment; Any bar, tavern, pub, drinking establishment, or facility where alcoholic beverages are served; Any retail or wholesale establishment selling any kind of goods or services; or f Any public conveyance, including stations and terminals. 4 35 (22) Public conveyance shall mean any vehicle, or any other means of transport operated on land, water or in the air, which in fact caters to, or offers its goods, facilities, or services to, or solicits or accepts patronage from the general public. "Public conveyance" includes any person who is the owner, lessee, operator, proprietor, manager, superintendent, agent or employee or any public conveyance. (23) Protected employment characteristic shall mean an individual's race, color, national origin, age, religion, disability, sex, sexual orientation, or gender identity. (24) Protected housing characteristic shall mean an individual's race, color, national origin, age, religion, disability, familial status, sex, sexual orientation, gender identity, or aveteran’s source of income. (25) Reasonable Accommodation means a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with disabilities to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces, or to meet program requlrernents. (26) Reasonable Cause means that there is sufficient evidence to allege that a respondent has violated this ordinance. Evidence is sufficient if a reasonable person would believe that further inquiry into whether a violation occurred is warranted. (27) Reasonable ModifIcation under the Fair Housing Act means a structural change made to existing premises, occupied or to be occupied by a person with a disability, in order to afford such person full enjoyment of the premises. (28) Religion shall mean all aspects of religious observance and practice, as well as belief. (29) Religious organization shall mean: a.A religious corporation, association, or society; or b.A school, college, university, or other educational institution or institution of learning, if: 1.The institution is, in whole or in substantial part, controlled, managed, owned, or supported by a religion, religious corporation, association, or socrety; or 2.The curriculum of the institution is directed toward the propagation of a religion. (30) Respondent shall mean a person, organization, or entity against whom a complainant has filed a complaint pursuant to Section 14-203-11. (31) Sex shall mean gender and the biological differences between men and women. (32) Sexual orientation shall mean the actual or perceived status of a person with respect to their sexuality. (33) Source of income means lawful, verifiable income paid directly to a tenant (child support, or spousal maintenance) or to a representative of a tenant, or paid to a housing owner or landlord on behalf of a tenant, including federal, state, or local public assistance, and 5 36 federal, state, or local housing subsidies, including, but not limited to, federal housingassistance vouchers issued under Section 8 of the United States Housing Act of 1937. (34) :fo rent includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. (35) U.S. Department of Housing and Urban Development (HUD)-Veterans Afairs (VA) Supportive Housing Program (HUD-WASH) is a collaborative program between HUD and VA combining HUD housing vouchers with VA supportive services to helphomeless Veterans and their families find and sustain permanent housing. (36) Veteran means a person who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable. Sec. 14-203-3: Exclusions Except as required by state or federal law, this ordinance shall not apply to the following: (a) Religious organizations; (b) The United States government or any of its departments or agencies; (C)The State of Texas, or any of its departments, agencies, or political subdivisions. Sec. 14-203-4: Public Accommodations (a)Unlawful practice. It shall be unlawful for any person with care, custody or control over the premises of a place of public accommodation or for any owner, employee or agent, of a place of public accommodation to discriminate against any person on the basis of race, color, national origin, age, religion, disability, sex, sexual orientation, or gender identity, to : 1.Directly or indirectly exclude, segregate, limit, refuse, or deny to any person any of the accommodations, advantages, facilities, benefits, services or goods, offered to the general public at a place of public accommodation; or 2. Circulate, issues, display, post, mail, or otherwise publish a statement, advertisement, or sign indicating that: a. A person will be denied accommodations, advantages, facilities, benefits, privileges, services, or goods at that place; or b. The patronage or presence of a person at that place is objectionable, unwelcome, unacceptable, undesirable, or unsolicited. (b) Defenses. 1. It is a defense to prosecution under this subsection on the basis of disability that thediscrimination resulted from a condition or structural feature that is in conformance with the law 6 37 2. It is a defense to prosecution if the refusal to admit a person to a place of public accommodation or the expulsion of a person from a place of public accommodation was required by law. (C)Additional Exclusion. 1.This section does not apply to a bona fide social, fraternal, educational, political, religious, or civic organization, including a private club, that is restricted tomembers of the organization/club and guests and is not open to the general public, when the profits of the accommodations, advantages, facilities, and services (above reasonable and necessary expenses) are solely for the benefit of the organization/club. Sec. 14-203-5: Employment Practices (a) Unlawful practice . It shall be unlawful for an employer to discriminate against any person on the basis of race, color, national origin, age, religion, disability, sex, sexual orientation, or gender identity by the following actions or inactions: 1.For an employer to fail or refuse to hire, or to discharge, any person; 2. 3. For an employer to discriminate against any person with respect to compensation, terms, conditions, or privileges, of employment; For an employer to limit, segregate or classify employees or applicants for employment in any way that would deprive or tend to deprive a person of employment or employment opportunities, or that would otherwise adversely affect a person's status as an employee; 4. 5. For an employment agency to fail or refuse to refer for employment, or to otherwise discriminate against, any person because of a protected employment characteristic; For an employment agency to classify or refer for employment any person, on the basis of a protected employment characteristic; 6. For a labor organization to exclude or expel from its membership, or to otherwise discriminate against, any person because of a protected employment characteristic; 7. 8. For a labor organization to fail or refuse to refer for employment any person because of a protected employment characteristic; For a labor organization to limit, segregate or classify its members or applicants formembership, in any way that would deprive or tend to deprive a person of employment or employment opportunities, or that would otherwise adversely affect a person's status as an employee or as an applicant for employment; 9. For a labor organization to cause or attempt to cause an employer to discriminate against a person in violation of this ordinance; 10. For an employer, a labor organization or a joint labor-management committee, to discriminate against any person because of a protected employment characteristic 7 38 in the admission to, or employment in, any program established to provide apprenticeship or other training; 11. For an employer to print or publish, or cause to be printed or published, any notice or advertisement relating to employment by the employer that indicates any preference, limitation, specification, or discrimination, based on a protected employment characteristic; 12.For an employment agency to print or publish, or cause to be printed or published,any notice or advertisement relating to membership in or any classification or referral for employment by the employment agency that indicates any preference, limitation, specification, or discrimination, based on a protected employmentcharacteristic; or 13.For a joint labor-management committee to print or publish, or cause to be printed or published, any notice or advertisement relating to admission to, or employment in, any program established to provide apprenticeship or other training by the joint labor-management committee that indicates any preference, limitation, specification, or discrimination, based on a protected employment characteristic. (b) Additional Exclusions. 1.Nothing in this subsection prohibits a notice or advertisement from indicating a preference, limitation, specification, or discrimination, based on a protected characteristic when a protected characteristic is a bona fide occupational qualification for employment. 2.This section does not apply to, and does not require, the provision of employee benefits to a person for the benefit of the person's domestic partner. Sec. 14-203-6: Housing (a)It is the policy of the City of Denton to provide, within constitutional limitations, for fair housing throughout the City by ensuring the opportunity for every person to obtain housing without regard to race, color, national origin, age, religion, disability, familial status, sex, sexual orientation, or gender identity. Fair Housing means the prohibition of discrimination based on race, color, nationalorigin, religion, sex, familial status, or disability when renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related actrvrtres . (b) (c) Unlawful practice. It shall be unlawful for any person to discriminate against any person on the basis of race, color, national origin, age, religion, disability, familial status, sex, sexual orientation, or gender identity by engaging in the following housing practices: 8 39 1.In the Sale and Rental of Housing. A person engages in a prohibited discriminatoryact if, because of race, color, national origin, age, religion, disability, familial status, sex, sexual orientation, or gender identity, they: a. b. C. Refuse to rent or sell a dwelling; Refuse to negotiate for the purchase or rental of a dwelling; Discourage the purchase or rental of a dwelling or otherwise make housing unavailable; d. e. Impose different sales prices or rental charges for the sale or rental of a dwelling; or Set different terms, conditions or privileges for sale or rental of a dwelling or in the provision of services or facilities therewith. 2 Other Prohibited Discriminatory /4 cfs. A person engages in a prohibited discriminatory act if, because of race, color, national origin, age, religion, disability, familial status, sex, sexual orientation, or gender identity, they: a.Based on a person’s disability, refuse to make a reasonableaccommodation in rules, policies, practices, or services when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling and public and common useareas ; b.Based on a person’s disability, refuse to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises; C.In publication, make, print or publish, or cause to be made, printed, or published, any notice, statement, or advertisement, relating to the sale or rental of a dwelling that indicates a preference, limitation, or discrimination, for a protected housing characteristic or an intention to make any preference, limitation, or discrimination, based on a protected housing characteristic; d.In inspection, represent to a person that a dwelling is not available for inspection, sale, or rental, when the dwelling is available for inspection,sale or rental; e. f For profit, induce or attempt to induce a person to sell or rent, or to not sell or rent, a dwelling by representing that people of a particular protected characteristic are about to move into the neighborhood; In brokerage services, deny access to or membership in any multiplelisting service or real estate brokers’ organization or other service organization or facility; 9 40 g.In residential real-estate-related transactions, refuse to make a mortgage loan, provide other financial assistance for a dwelling, impose different terms or conditions in a real-estate-related transaction, or otherwise discriminate against a person in making a real-estate-related transactionavailable. 3. Veteran Source of Income. Except as prohibited by Texas Local Government Code, Section 250.007, as amended, it shall be a discriminatory practice to discriminate in housing based on a Veteran’s source of income (d) Additional Exclusions. 1.This subsection does not apply to the following: a.To the sale or rental of a single-family house if the owner does not own more than three (3) single-family houses at any one (1) time. Any such sale of a single-family house shall be limited to one (1) such sale within any twenty-four (24) month period if the owner is not the most recent resident of the house prior to the sale or does not live there at the time of the sale, and the owner did not use the services or facilities of a real estate broker, agent, or salesman, or their agents and employees, for the sale orto advertise the sale in violation of this subsection; or b.To a rental of a dwelling containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other if the owner actually maintains and occupies part of the dwelling as his residence. C.Religious organizations and private clubs are allowed to give preference to their members as long as they do not discriminate in their membership. 2. 3. 4. Nothing in this article limits the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nothing in this article regarding discrimination based on familial status applies with respect to housing for older persons as set out and defined in the Fair Housing Act. Nothing in this article prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture ordistribution of a controlled substance as defined in section 102 of the ControlledSubstances Act, 21 U.S.C. 802. (e) Housing Enforcement; complaints. 1 Any person who claims to have been injured by a discriminatory housing practice or who believes that they will be irrevocably injured by a discriminatory housing practice that is about to occur, hereinafter referred to as the "person aggrieved," may request assistance from the administrator to file a complaint with the Fair Housing and Equal Opportunity Division of the Region VI office of the U.S. 10 41 Department of Housing & Urban Development. The administrator, if requestedby the person aggrieved, may assist with preparation and submission of the complaint to the U.S. Department of Housing and Urban Development. 2.Whenever the administrator has reasonable cause to believe that any person orgroup of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this article or that any group of persons has been denied any of the rights granted by this article, administrator may prepare and file a complaint to the U.S. Department of Housing & Urban Development. setting forth the facts in his own name, and such complaint shall be treated in the same manner as a complaint filed by a person aggrieved. 3.The administrator shall receive and accept notification and referral complaintsfrom the U.S. Attorney General and the Secretary of Housing and UrbanDevelopment pursuant to the provisions of Title VIII, Fair Housing Act of 1968, Public Law 90-284, as amended (42 U.S.C. 3610), and shall treat such complaintsin the same manner as other complaints filed pursuant to this section. Sec. 14-203-7: Unlawful Intimidation, Retaliation and Coercion It shall be unlawful for any person to discriminate against, harass, threaten, harm, damage or otherwise penalize or retaliate against another person for opposing an unlawful practice, forfiling a complaint, or for testifying, assisting or participating in any manner in an investigation, proceeding or hearing, in connection with an act of discrimination prohibitedby this ordinance. Sec. 14-203-8: Effect on Legal Remedies (a) (b) (C) This ordinance shall not affect the right of any person to pursue any legal remedy for discriminatory practices available under federal or state law by filing a claim with theappropriate public agency or by filing a private civil action. This ordinance does not create a private cause of action. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety, and welfare of the general public. Any member of the CityCouncil or any City official or employee charged with the enforcement of this ordinance, acting for the City of Denton in the discharge of their duties, shall not thereby render themselves personally liable; and they are hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of their said duties. Sec. 14-203-9: Administration 11 42 The City Manager or their designee shall be responsible for implementing and administeringthis ordinance. Sec. 14-203-10: Penalty Any violation of the provisions or terms of this ordinance by any person, firm or corporation shall be a misdemeanor offense and shall be subject to a fine of up to $500 in accordance withSection 1-12(a)(4) of the City Code of Ordinances for each offense, as well as injunctive relief. Every day a violation continues shall constitute a separate offense. A violation shall bereferred to the City Attorney’s Office for prosecution if conciliation efforts are unsuccessful. Sec. 14-203-11: Complaint Process (a) A person who claims to have been discriminated against in violation of this ordinance may file a complaint with the City Manager or their designee. A complaint must be filed within ninety (90) calendar days after an alleged unlawful practice has occurred. (b) A complaint shall be in writing on a form provided by the City Manager or their designee, made under oath or affirmation, and shall contain the following information: 1. Name and address of the respondent. 2. Name, address, email address, and signature of the complainant. 3.Date of occurrence of the alleged unlawful practice. 4.Statement of the facts upon which the allegation of an unlawful practice is based. (c) Within ten (10) business days after the filing of a complaint, the City Manager or their designee shall review the complaint and notify the complainant in writing as to whether the city will: 1.Refer the complainant to another public agency pursuant to subsection (d) below; 2.Deny the complaint due to incomplete information; 3.Deny the complaint because it is legally deficient or untimely; 4.Accept the complaint for investigation. (d)If the claim for discrimination is within the jurisdiction of a federal or state agency, the complainant shall be referred by the city to the appropriate public agency. The complainant shall be responsible for filing the discrimination complaint within timeframes set out in federal and state law and the city shall take no further action with regards to the complaint. (e) if, and only if, a federal or state agency to which a claim for discrimination is referred pursuant to subsection (d) of this subpart refuses to materially investigate the claim basedupon a lack of jurisdiction, the complainant shall have thirty (30) calendar days, running from the date the complainant receives notice from the federal or state agency, to 12 43 resubmit their complaint pursuant to subsection (b) of this section. If a complainant is resubmitting a complaint in accordance herewith, the complaint shall contain a copy of the correspondence or other documentation from the federal or state agency indicating its refusal to investigate or denial of the complaint based on jurisdictional grounds, in addition to the documentation required by subsection (b) of this subpart. (f)The burden of proof shall be on the complainant that an unlawful act occurred. Sec. 14-203-12: Investigation (a)Promptly after a complaint that is not within the jurisdiction of a state or federal agency pursuant to See. 14-203-11 (d) or the complainant receives notice from the federal or state agency and has resubmitted their complaint pursuant to See. 14-203-11 (e) of this section, the City Manager shall commence an investigation. (b) The City Manager or their designee shall, in writing: 1. Notify the respondent named in the complaint that a complaint alleging the commission of an unlawful practice has been filed against the respondent; 2. Furnish a copy of the complaint to the respondent; and 3. Advise the respondent of the procedural rights and obligations of the respondent, including the right to file a written, signed, and verified informalanswer to the complaint within fifteen (15) business days after service of notice of the complaint. (c) Not later than the 15th business day after service of the notice and copy of the complaint, a respondent may file an answer to the complaint. The answer must be inwriting, made under oath or affirmation, and contain the following information: 1. Name, address, email address, telephone number, and signature of therespondent or the respondent’s attorney, if any; and 2. Concise statement of facts in response to the allegations in the complaint, including facts of any defense or exception. (d) The City Manager or their designee may dismiss a complaint at any time if theydetermine that: 1. The complaint was not filed within the required time; 2. The location of the alleged unlawful practice is not within the City’s jurisdiction; 3. The alleged unlawful practice is not a violation of this ordinance; 4. The complainant refuses to cooperate in the investigation of the complaint or enforcement of an executed conciliation agreement; 5 . A conciliation agreement has been executed by the complainant and the respondent. 13 44 The City Manager or their designee shall, in writing, notify the complainant and the respondent of the dismissal of the complaint and include a statement of the reason for thedismissal. (e)The City Manager or their designee shall prepare a final investigative report showing, at aminimum, the names and dates of contacts with witnesses; a summary of correspondence and other contacts with the aggrieved person and the respondent showing the dates of the correspondence and contacts; a summary description of otherpertinent records; and a summary of witness statements. A final report under this section may be amended if additional evidence is discovered. Ifthere are legal questions involved, the complaint will be sent to the City Attorney’s Office for review. (f)After completion of the investigation, the administrator shall make available to the complainant and the respondent, at any time, information derived from the investigation and the final investigation report related to the investigation, except for information that is not subject to disclosure pursuant to state law, federal law, or common law privacy. The complaint, the investigative report, and any evidence collected therein, shall be subject to public disclosure pursuant to the Texas Public Information Act. Prior to any release, documents related to the complaint/investigation shall be reviewed by the City Attorney’s Office to ensure information that is excepted from disclosure by state law, federal law, or common law privacy is redacted. If necessary, the City Attorney may submit the information to the Texas Attorney General’s Office for an opinion. (g) Sec. 14-203-13: Conciliation (a)If during or after the investigation, the City Manager or their designee determines that there is reasonable cause to believe discrimination occurred, the City shall attempt to conciliate the complaint. In conciliating a complaint, the City Manager or their designee shall try to achieve a just resolution and obtain assurances that the respondent will satisfactorily remedy any violation of the complainant’s rights and take action to ensure the elimination of both present and future unlawful practices in compliance with this ordinance. This can include the voluntary discontinuance of the unlawful practice by the respondent and adequate assurances of future compliance with this ordinance combined with an educational component. Nothing said or done during the course of conciliationmay be made public or be used as evidence in a subsequent proceeding under this ordinance. For these purposes, complaints and proceedings under this article shall be considered as litigation. (b)A conciliation agreement executed under this section must be in writing in a form approved by the City Attorney and must be signed and verified by the respondent and the complainant. A conciliation agreement is executed upon its signing and verification by all parties to the agreement. An agreement shall be a public document, subject to any redactions required by state law, federal law, or common law privacy. (c) A party to an executed conciliation agreement shall not be prosecuted in municipal court for the unlawful practice identified in the agreement unless the complaint notifies the City Manager or their designee within one (1) year of a violation of the agreement for 14 45 the same discriminatory practice addressed by the agreement and the City Attorney determines that the agreement has been violated. (d) if a conciliation agreement cannot be reached, the matter may be reviewed for criminal enforcement pursuant to Section 14-203-10. Sec. 14-203-14: Defenses (a) Any applicable federal or state constitutional or statutory defense may be asserted by a person alleged to be in violation of this section. (b) it is a defense that a person alleged to be in violation of this section was acting pursuantto a court order. Sec. 14-204-15: Education and Public Information In order to further the intent and objectives of this ordinance, the City Manager or their designee may conduct educational and public information programs. SECTION 4. Chapter 15 of the City of Denton Code of Ordinances, entitled “Housing,” is hereby repealed in its entirety. SECTION 5. This Ordinance shall be cumulative of all provisions of ordinances of the City of Denton, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 6. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 7. The City Secretary is hereby directed to record and publish the attached rule, regulation, and policy in the City’s Code of Ordinances as authorized by the Texas LocalGovernment Code. SECTION 8: This Ordinance shall become effective one hundred-twenty (120) calendar days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this Ordinance to be published twice in the Denton Record-Chronicle , the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. 15 46 The motion to approve this Ordinance was made by & b A rm Ir\+or and seconded by Pall1 14ettzar ; this Ordinance was passed and approved by the following vote U-A: Au W Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 : Brian Beck, District 2: J®se Davis, District 3: Alison Maguire, I>istdcl 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: \/ \/ b/ b/ P/ P’ \/ PASSED AND APPROVED his he ahA day of qa/oh _, 2022. ATrEST: ROSA RIOS, CITY SECRETARY r’3£g£ _diLL, APPROVED AS TO LEGAL FORM: MACK RERqWAND, CITY ATrORNEY 16 47 February 14, 2025 Report No. 2025-030 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Review of Grants Impacted by the Federal Funding Pause EXECUTIVE SUMMARY: On January 27, 2025, the Office of Management and Budget (OMB) issued memo M-25-13, directing all state and local government agencies to pause activities related to the obligation or disbursement of federal financial assistance. Subsequently, on January 29, 2025, OMB released memo M-25-14, rescinding the previous directive effective immediately. Although the pause appears to have been lifted, uncertainty remains regarding which federal programs and funding streams are in good standing. In response, City staff conducted a comprehensive review of all potentially impacted grants, including Texas Parks and Wildlife Department (TPWD) Local Parks grants, Staffing for Adequate Fire and Emergency Response (SAFER) grants, Community Development Block Grants (CDBG), Home Investment Partnership Program American Rescue Plan (HOME-ARP), and entitlement Home Investment Partnership Program (HOME) grants. As well as loan funding through the Water Infrastructure Finance and Innovation Act (WIFIA) accounting for 49% of forecasted funding for water and wastewater projects valued at $770 million. Forecasting analyses have been completed to assess the City’s financial risk should federal reimbursements stop for a period of three months. Following discussions with City management, staff recommends continuing individual service programs, such as Tenant-Based Rental Assistance (TBRA), while temporarily pausing all infrastructure projects, including park development and replacement installations, until further federal guidance is provided. DISCUSSION: To assess the potential budgetary impact, staff has prepared a three-month financial forecast for all essential grant-funded programs and will reassess at the end of the period. The attached list details worst-case scenario projections, estimating the City’s financial exposure if federal reimbursements are delayed or denied. The Community Development Department has been able to draw down on federal funding after the original memo was rescinded. The City’s project partners for these programs continue to operate as normal and provide services directly to individuals. Continuing these projects and drawing down federal funding ensures the City maintains compliance requirements of those 48 February 14, 2025 Report No. 2025-030 programs which dictates that activities must be carried out in a timely manner which is measured by the rate of expenditures of funds. Community Development will complete any active projects that have already been approved and will pause accepting new applications. CONCLUSION: Given the ongoing uncertainty surrounding federal reimbursements, the City will temporarily pause on some grant funded infrastructure-related activities until further clarification is provided by the federal government. This cautious approach will help mitigate financial risks while ensuring the continuity of essential service programs. The attached spreadsheet reflects the projected budget impact under various funding scenarios. Paused Projects: •TPWD Local Parks 2022 – Villages of Carmel Park construction o Status: This project has a signed agreement with TPWD. The agreement awardsthe City $621,562 in federal funding from the National Parks Service with a Citymatch amount of $621,562 for use in the construction of the park. No federalfunding has been obligated or received to date. o Phase: 100% Design with approved construction plans. Plans are out to bid for contractor selection. Evaluation of bids to begin after February 19, 2025. o Recommend soft pause until further notice. Background work may continue up tothe contract executed with a contractor and then pause at execution until thefederal funding freeze is resolved. •TPWD Local Parks 2023 – Bowling Green Park renovation o Status: This project has a signed agreement with TPWD. The agreement awardsthe City $598,532 in federal funding from the National Parks Service with a Citymatch amount of $598,532 for use in the construction of the park. No federalfunding has been obligated or received to date. o Phase: 100% Design. Civil Engineering Plans in review with DevelopmentServices. o Recommend soft pause until further notice. Background work may continue up tothe contract executed with a contractor and then pause at execution until thefederal funding freeze is resolved. •TPWD Local Parks 2024 – Briercliff Park renovation o Status: This project does not have a signed agreement with TPWD. An award hasbeen announced of $750,000 in federal funding from the National Parks Servicewith a City match amount of $750,000 for use in the construction of the park. No federal funding has been obligated or received to date. 49 February 14, 2025 Report No. 2025-030 o Phase: 100% Design. Civil Engineering Plans in review with Development Services. o Recommend soft pause until further notice. Background work may continue up to the contract executed with a contractor and then pause at execution until the federal funding freeze is resolved. • TPWD Local Parks 2025 – Lily Cantu Inclusive Playground o Status: This project does not have a signed agreement with TPWD. An award has been announced of $750,000 in federal funding from the National Parks Service with a City match amount of $750,000 for use in the construction of the park. No federal funding has been obligated or received to date. o Phase: 30-60% Design o Recommend soft pause until further notice. Background work may continue up to the contract executed with a contractor and then pause at execution until the federal funding freeze is resolved. Staff will consult with the finance tam before proceeding to the next steps in the process. o This project is also included in the 2023 Bond Program Year 1. • TPWD Boating Access 2023 – Kayak launch planning at North Lakes and South Lakes Parks o Status: This project has a signed agreement with TPWD. The agreement awards the City $97,500 in federal funding from the Sprot Fish Restoration Act through the United States Fish and Wildlife Service with a City match amount of $32,500 for use in the planning and design of kayak launches at North Lakes and South Lakes Parks. No federal funding has been obligated or received to date. o Phase: 0% Design. A design consultant has been selected, but work has not started. o Recommend pause until further notice. • Transportation Alternatives 2023 – Pecan Creek Trail o Status: This project has a signed agreement with the Texas Department of Transportation. The agreement awards the City $10,971,904 in federal funding from the Federal Highway Administration a City match amount of $2,742,976 for use in the planning, design, and construction of segments of the Pecan Creek Trail. No federal funding has been obligated or received to date. o Phase: 30% Design o Recommend soft pause until further notice. Background work may continue up to the contract executed with a contractor and then pause at execution until the federal funding freeze is resolved. 50 February 14, 2025 Report No. 2025-030 Paused CDBG Activities: •Denton Co. Friends of Family – 2024/25 Human Services AgreementoStatus: An agreement has been executed with DCFOF for the Domestic Violenceand Sexual Assault Program for $40,000 in Community Development BlockGrant Funds. 100% of the funds have been obligated on a purchase order with the agency. o Phase: The City has reimbursed DCFOF $10,154.72 for program expenditures. •Denton County Friends of the Family Public Facility Project o Status: An agreement has been executed with DCFOF for $402,327 ofCommunity Development Block Grant for predevelopment costs for theconstruction of the Family Justice Center. 100% of the funds have been obligatedon a purchase order with the agency. o Phase: The City has reimbursed DCFOF $295,114.87. Ongoing CDBG and HOME Activities: All programs listed below are expected to continue as planned. •Giving Grace – Tenant Based Rental Assistance Agreement o Status: An agreement has been executed with Giving Grace for tenant-basedRental Assistance for $856,811 in HOME Investment Partnership Grant (HOME-ARP) Funds. 100% of the funds have been obligated on a purchase order with theagency. o Phase: The City has reimbursed GG $266,855.17 for program expenditures. •Habitat for Humanity of Denton County – Habitat Village o Status: Two agreements have been executed with HFH for $561,882.93 in theHOME Investment Partnership Grant to construct 8 affordable single-family housing units for the Habitat Village Project. 100% of the funds have been obligated on a PO with the agency. o Phase: No funds have been reimbursed to date. HFH is working withDevelopment Services on building permits to be issued. One permit is in progress,and construction is expected to begin in three months. •Habitat for Humanity of Denton County – 2024/25 Minor Repair Program 51 February 14, 2025 Report No. 2025-030 o Status: An agreement has been executed with HFH for $45,946 in CommunityDevelopment Block Grant funds for critical repairs for low-income homeowners.100% of the funds have been obligated on a purchase order with the agency. o Phase: No funds have been reimbursed. HFH is working on developing programguidelines. •Health Services of North Texas – 2024/25 Human Services Agreement o Status: An agreement for the Poverty Primary Care Program with HSNT for $50,000 in Community Development Block Grant Funds has been executed.66.67 of the funds have been obligated on a purchase order with the agency. o Phase: The City has reimbursed DCFOF $12,566.67 for program expenditures. •Homebuyer Assistance Program – Housing Program o The program year started October 1, 2024, with $167,246.82 in HOMEInvestment Partnership Grant Funds for down payment/closing costs and$127,495.55 in Community Development Grant Funds for repairs o Phase: The City has expended $114,62.04 for program expenditures. No currentapproved applications. •Interfaith Ministries Demolition Project – 2024/25 Project o Status: An agreement has been executed with Interfaith Ministries for $35,000 inCommunity Development Block Grant Funds to demolish a substandard storage building on the Dangerous Building List. 100% of the funds have been obligated on a purchase order with the agency. o Phase: No funds have been reimbursed. The agency has been working with theCity on a bid packet to submit the project. •Minor Repair Program – 2024/25 Program o Status: Community Services manages the Minor Repair Program, which assistslow—and moderate-income homeowners with critical home repairs. The programbudget is $340,413 of Community Development Block Grant Funds. o Phase: The program has spent $64,442.95 and committed $111,354 on approved applications. It currently has eight applications taken before the federal grant pause, which is in progress and will cost an estimated $48,500 in repairs. •Our Daily Bread – Tenant-Based Rental Assistance Agreement 52 February 14, 2025 Report No. 2025-030 o Status: An agreement has been executed with Our Daily Bread for Tenant-Based Rental Assistance for $856,811 in HOME Investment Partnership Grant (HOME-ARP) Funds. 33.34% of the funds have been obligated on a purchase order with the agency. o Phase: The City has reimbursed ODB $121,565.22 for program expenditures. • PARD: Summer Kids Program – 2024/25 Human Services Agreement o Status: An agreement has been executed with Parks and Recreation for a $45,000 Community Development Block Grant scholarship for the 2025 Summer Camp Program. No funds have been committed. o Phase: No funds have been expended today until summer 2025. • Rental Repair Program – Housing Program o The program year started October 1, 2023, with $100,000 in General Funds and $100,000 HOME in Community Development Grant Funds. o Phase: The City has expended $24,500 for program expenditures. No current approved applications. • SPAN, Inc. – 2024/25 Human Services Agreement o Status: An agreement has been executed with HSNT for the Senior Nutrition Program for $25,500 in Community Development Block Grant Funds. 100% of the funds have been obligated on a purchase order with the agency. o Phase: The City has reimbursed SPAN $6,375 for program expenditures. Staff will continue to monitor the situation and provide updates as more information becomes available. We hope to receive further information from the federal government by March 15, 2025, as stated in the OMB request to federal agencies. ATTACHMENTS: 1. List of Federally Funded Grants and Programs STAFF CONTACT: Jessica Williams, CFO Jessica.JWilliams@cityofdenton.com Stephen Gay, General Manager of Water Utilities and Streets Operations Stephen.Gay@cityofdenton.com 53 February 14, 2025 Report No. 2025-030 REQUESTOR: Staff Initiated STAFF TIME TO COMPLETE REPORT: 2 hours PARTICIPATING DEPARTMENTS: Water Utilities, Finance, Treasury, Community Development 54 February 14, 2025 Report No. 2025-031 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Denial of a request to enter into a lease agreement on property located at 4420 Country Club Rd, currently under contract for the City to purchase for a future wastewater treatment facility. EXECUTIVE SUMMARY: City staff met with representatives from ResponsiveEd Texas, operator of “Denton Classical Academy” (Elementary School), on Wednesday February 12, 2025 to discuss permitting for their new school. ResponsiveEd Texas again asked the City to consider entering into a new lease for the operation of a school (“School Lease”) on 3.896 acres out of 6.125 acres of land for which the City of Denton is currently under contract to purchase for $1,900,000.00 from Richard Lee Burch (Ordinance No. 24-1090) (“Contract”). ResponsiveEd Texas’ current lease is with the owners of the property (Richard Lee Burch) and is set to expire in June of 2025. The representatives from ResponsiveEd Texas stated that their new school at a different location will be constructed within 12 months and City staff do not feel that is a realistic timeline due to observed durations on other commercial developments of similar scope and size. During the meeting on February 12, 2025 Development Services again committed to helping ResponsiveEd Texas find available space to occupy while their new school is constructed. The request to provide a School Lease was previously unapproved based on the City obtaining the property free and clear as required in the Contract and the City’s need to timely possess the property to both design and construct the Hickory Creek Wastewater Treatment Facility, utilize the property for temporary office space during the renovation of the Denton Service Center, and liability concerns associated with a School Lease on City property. BACKGROUND: This site is being evaluated as a temporary office location to house Water Department staff during the remodel of the Service Center and is essential for the construction of the Hickory Creek Water Reclamation plant as detailed in the Wastewater Master Plan adopted last year. During negotiations to purchase the subject property and adjacent property, the property owner notified the City that their tenant, ResponsiveEd Texas (operating as Denton Classical Academy), was in the process of constructing a new building and would be relocating their operations to its new facility prior to the end of their existing lease in June 2025. However, ResponsiveEd recently submitted a site plan that differs from a plan originally approved in 2020. The new plan triggers a new round of reviews for compliance with the Denton Development Code. It is the staff’s opinion that if the lease were to be extended, there would be no guarantee that ResponsiveEd could complete construction of their new school and vacate the current site that is needed for occupancy by the City’s Water Utilities Department staff while the Service Center is being remodeled in 2026. 55 February 14, 2025 Report No. 2025-031 The City and property owner were intentional in their efforts to include contract terms that would allow the property owner to honor its existing lease to ResponsiveEd Texas. The negotiations included re-surveying and subdividing the 6.125-acre lot into two separate tracts: one being 2.233 acres and the other being 3.896 acres. This allowed the City to take title to all remaining property exclusive of the tract under the lease where the school is located. The Contract stipulates that the City will not close on the purchase or take possession of the remaining 3.896 acres of land until after the lease expires in June 2025 and the tenant vacates the property. Taking ownership and possession of the property as planned supports the adopted wastewater masterplan and supports continued growth in this basin along with providing a temporary office location during the upcoming Service Center remodel. DISCUSSION: Water Utilities plans to start developing the project post-closing in 2025. The initial use will include expanded office space for administrative and operational uses. Several entities have expressed interest in participating in a regional biosolids handling program that will directly tie into the expansion of the DynoDirt program with the Burch Property being the primary, centralized, location for this expansion. Development of the Hickory Creek Water Reclamation Plant will begin in the 2028-2030 timeframe, and any impacts to the scheduled development and construction of the Hickory Creek Water Reclamation Plant will have cascading effects on the development of the entire Hickory Creek Basin (which includes both the Hunter and Cole developments) due to treatment capacity constraints. Failure to purchase this property will result in a redesign of the plant footprint which will negatively impact operations and cause delays. The treatment facilities will be placed North of the school site and the Biosolids handling will be placed South of the school site, essentially surrounding the property with wastewater treatment facilities. Failure to purchase the property will result in a redesign of the layout of the water reclamation facilities placing them closer to Hickory Creek. This will result in at least a two-fold increase in the cost to construct the plant. Alternative administrative office space will be necessary starting in 2025/26 due to the renovation of the City’s Service Center at 901 Texas Street. If this property is not able to be utilized for administrative offices the Utility may be forced to look elsewhere for temporary office space which will have an unknown financial impact. CONCLUSION: The decision to deny the request for a School Lease is based on the City’s need 1) to timely possess and occupy the property as a result of Water Utilities staff being displaced during renovation of the Service Center, 2) to commence with development of the property according to the Wastewater Master Plan developed and adopted by Water Utilities, and 3) the risks and liabilities associated with a school lease on City property. STAFF CONTACT: 56 February 14, 2025 Report No. 2025-031 Stephen Gay General Manager of Water Utilities & Street Operations Stephen.Gay@cityofdenton.com (940) 349-8086 REQUESTOR: STAFF TIME TO COMPLETE REPORT: 2 HRS PARTICIPATING DEPARTMENTS: Water Utilities, City Attorney’s Office, Real Estate 57 February 14, 2025 Report No. 2025-032 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Retention and Renovation of the Civic Center Pool EXECUTIVE SUMMARY: On October 6, 2024, Council Member Beck submitted a two-minute pitch to amend the Downtown and Aquatics Master Plan to include the retention and renovation of the Civic Center Pool. On October 15, 2024, the City Council provided consensus to provide an Informal Staff Report to the Council on the feasibility of the pitch. BACKGROUND: Current Status and Usage of the Civic Center Pool •Located in Quakertown Park, built in 1965, renovated in the 1990s and in 2016 •Utilization: 39,743 guests in 2024 (2.5-month season) •Operates with a General Fund subsidy of 59% (or 41% cost recovery) Historical Significance •Part of O’Neil Ford’s original design for the Civic Center Complex •Much of the original design for the pool complex has been modified. Some original elements remain (e.g., Beaumont Mood lighting fixtures, and sunning hill) •The pool was locally designated as part of the larger park on June 20, 2017. The historicalintegrity of the original pool design has been attenuated over the past 60+ years with thereplacement of the original bathhouse and fencing, and with additional updates andmaintenance resulting in concrete resurfacing and pool expansion. DISCUSSION: The Aquatics Master Plan (adopted 2024) and Design Downtown Denton Plan (adopted 2024) can have Council-approved amendments added to the documents as planning evolves regarding the Civic Center Pool. An amendment will nullify any content with prior approval. Supporting Documents– A total of (3) plans and a Facility Condition Assessment have been adopted since 2022 that list considerations for the Civic Center Pool. •Parks, Recreation and Trails Master Plan (pg. 99, 102) •Aquatics Master Plan (pg. 45) •Design Downtown Denton Plan •Facility Condition Assessment 58 February 14, 2025 Report No. 2025-032 Guidance from multiple consultant-led studies call attention to the physical concerns regarding the Civic Center Pool. Each master plan also contains individual market analysis and community feedback sessions that gages the impact of existing operations. If City Council like to amend the current master plan, staff recommends conducting a full site analysis to evaluate existing infrastructure and receive an end-of-lifecycle plan prior to any capital improvements made to the existing facility. CONCLUSION: The Civic Center Pool faces challenges related to aging infrastructure and operational costs. The plans can have Council-approved amendments added to the documents as planning evolves. Staff recommends a comprehensive site analysis and end-of-lifecycle plan prior to any amendments, which will provide critical information for informed decision-making regarding the pool's future. If the Council gives direction to proceed, staff will determine the budget request needed for the site analysis and submit it as a Council supplemental in the FY 25-26. STAFF CONTACT: Rameir Martin Assistant Director – Parks and Recreation Department Rameir.Martin@cityofdenton.com (940) 349-9280 REQUESTOR: Council Member Brian Beck STAFF TIME TO COMPLETE REPORT: 2 Hours PARTICIPATING DEPARTMENTS: Parks and Recreation and Development Services 59 60 Friday Report - Council RequestsSummary of RequestCouncil Member Requestor Date Received Staff AssignedDepartmentCommentsStatus1Scheduling Cricket Field SlotsMayor Hudspeth02/14/25Gary PackanParksReferred to staff.2Traffic concerns - evaluate for stop sign Council Member Holland02/14/25Farhan ButtPublic Works-TrafficReferred to staff.3Resident Inquiry Regarding CodeEnforcementCouncil Member Beck CouncilMember Byrd Mayor HudspethCouncil Member McGee CouncilMember Holland Mayor Pro TemMeltzer Council Member Jester02/11/25Scott McDonaldDevelopment ServicesStaff researching.4Road Safety Hickory Creek RanchNeighborhoodCouncil Member Holland02/09/25Farhan Butt, JessicaRobledoPolice Public Works-TrafficStaff reviewing road safetyconcerns.5Traffic Safety Audit at Circle at Kayewoodand GreenwoodCouncil Member Beck01/29/25Farhan ButtPublic Works-TrafficStaff anticipate study to becompleted by 2/20/25.6Mental Health / Law EnforcementResponse to HomelessnessCouncil Member Byrd01/22/25CMO Community ServicesStaff is gatheringinformation.7Damaged Irrigation PipeCouncil Member Holland01/13/25Sara BonehillRisk ManagementStaff reviewed videofootage. Awaitingadditional photos to reviewbefore final determination.8Request for Road Safety Audit forUniversity Drive and Malone StreetCouncil Member Beck CouncilMember Byrd Mayor HudspethCouncil Member McGee CouncilMember Holland Mayor Pro TemMeltzer Council Member Jester01/02/25Farhan ButtPublic Works-TrafficStaff anticipate the reportwill be complete by2/21/25.9Inquiry regarding additional social mediaplatformsCouncil Member Beck02/13/25Dustin Sternbeck Marketing and CommunicationStaff updated the CM.10Atmos billing rate increaseCouncil Member Beck02/12/25Antonio PuenteDMEStaff updated CM.11Development in the 2200 block of NorthCarroll Blvd.Council Member Beck02/11/25Scott McDonaldDevelopment ServicesStaff update CM on statusof the project.12Truck Routes in Denton Ordinance Council Member Beck CouncilMember Byrd Mayor HudspethCouncil Member McGee CouncilMember Holland Mayor Pro TemMeltzer Council Member Jester02/11/25Jessica RobledoPoliceStaff updated the residentand Council.13Texas Department of Housing andCommunity Affairs (TDHCA) Public FacilityCorporation Audit Report.Mayor Hudspeth02/11/25Christine TaylorCMOStaff updated CM.14Customer Side Water Leak 3300 block ofN. Bell AvenueCouncil Member Beck02/10/25Scott McDonald, StephenGayDevelopment Services WaterStaff updated the residentand the CM.15Resident Inquiring About InclementWeather OrdinanceMayor Hudspeth02/10/25CMOStaff reviewing.16Property Line QuestionMayor Hudspeth02/10/25Scott McDonaldDevelopment ServicesStaff updated resident.17Traffic Barricade on Dallas DriveCouncil Member Holland02/09/25Daniel KremerPublic Works -StreetsStaff updated CM and didnot discover removal ordamage to the barricade.18Wildlife nuisanceCouncil Member Beck01/26/25Gary PackanParksStaff updated CM anddeveloped policy.Page 1 of 1Exported on February 14, 2025 2:50:20 PM PST61 Meeting Calendar City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Criteria : Begin Date: 2/17/2025, End Date: 5/23/2025 Date Time Meeting LocationMeeting Body February 2025 2/18/2025 3:00 PM City Council Council Work Session Room & Council Chambers 2/21/2025 9:00 AM Community Partnership Committee Council Work Session Room 2/21/2025 12:00 PM Community Services Advisory Committee Development Service Center 2/21/2025 1:00 PM Bond Oversight Committee Development Service Center 2/24/2025 9:00 AM Public Utilities Board Council Work Session Room 2/24/2025 3:00 PM Development Code Review Committee Development Services Center 2/24/2025 5:30 PM Zoning Board of Adjustment Development Service Center 2/26/2025 10:00 AM Mobility Committee Council Work Session Room 2/26/2025 5:00 PM Planning and Zoning Commission Council Work Session Room & Council Chambers 2/28/2025 1:00 PM Sustainability Framework Advisory Committee City Council Work Session Room March 2025 3/3/2025 5:30 PM Historic Landmark Commission Development Service Center 3/3/2025 6:00 PM Parks, Recreation and Beautification Board Civic Center Community Room 3/4/2025 2:00 PM City Council Council Work Session Room & Council Chambers 3/6/2025 8:00 AM Agenda Committee Council Work Session Room 3/10/2025 9:00 AM Public Utilities Board Council Work Session Room 3/10/2025 3:00 PM Development Code Review Committee Development Services Center 3/10/2025 5:30 PM Board of Ethics Council Work Session Room 3/10/2025 5:30 PM Library Board North Branch Library 3/12/2025 10:00 AM Animal Shelter Advisory Committee Animal Services Training Room Page 1City of Denton Printed on 2/13/2025 62 Date Time Meeting LocationMeeting Body Meeting Calendar continued... 3/12/2025 11:00 AM Economic Development Partnership Board Development Service Center Training Rooms 3/12/2025 3:00 PM Airport Advisory Board Airport Terminal Meeting Room 3/13/2025 3:00 PM Health & Building Standards Commission Development Service Center 3/19/2025 5:00 PM Planning and Zoning Commission Council Work Session Room & Council Chambers 3/24/2025 9:00 AM Public Utilities Board Council Work Session Room 3/24/2025 3:00 PM Development Code Review Committee Development Services Center 3/24/2025 5:30 PM Zoning Board of Adjustment Development Service Center 3/25/2025 2:00 PM City Council Council Work Session Room & Council Chambers 3/26/2025 10:00 AM Mobility Committee Council Work Session Room 3/26/2025 12:00 PM Tax Increment Reinvestment Zone Number One Board Development Service Center 3/28/2025 1:00 PM Sustainability Framework Advisory Committee City Council Work Session Room April 2025 4/1/2025 11:00 AM City Council Council Work Session Room & Council Chambers 4/1/2025 2:00 PM City Council Council Work Session Room & Council Chambers 4/3/2025 8:00 AM Agenda Committee Council Work Session Room 4/3/2025 8:30 AM Downtown Economic Development Committee Development Service Center 4/3/2025 4:00 PM Public Art Committee Civic Center Community Room 4/7/2025 6:00 PM Parks, Recreation and Beautification Board Civic Center Community Room 4/9/2025 11:00 AM Economic Development Partnership Board Development Service Center 4/9/2025 3:00 PM Airport Advisory Board Airport Terminal Meeting Room 4/9/2025 5:00 PM Planning and Zoning Commission Council Work Session Room & Council Chambers 4/10/2025 3:00 PM Health & Building Standards Commission Development Service Center 4/14/2025 9:00 AM Public Utilities Board Council Work Session Room Page 2City of Denton Printed on 2/13/2025 63 Date Time Meeting LocationMeeting Body Meeting Calendar continued... 4/14/2025 3:00 PM Development Code Review Committee Development Services Center 4/14/2025 5:30 PM Board of Ethics Council Work Session Room 4/14/2025 5:30 PM Historic Landmark Commission Development Service Center 4/14/2025 5:30 PM Library Board South Branch Library 4/15/2025 2:00 PM City Council Council Work Session Room & Council Chambers 4/23/2025 5:00 PM Planning and Zoning Commission Council Work Session Room & Council Chambers 4/25/2025 1:00 PM Sustainability Framework Advisory Committee City Council Work Session Room 4/28/2025 9:00 AM Public Utilities Board Council Work Session Room 4/28/2025 3:00 PM Development Code Review Committee Development Services Center 4/28/2025 5:30 PM Zoning Board of Adjustment Development Service Center 4/30/2025 10:00 AM Mobility Committee Council Work Session Room May 2025 5/1/2025 8:00 AM Agenda Committee Council Work Session Room 5/1/2025 4:00 PM Public Art Committee Council Work Session Room 5/5/2025 9:00 AM Public Utilities Board Council Work Session Room 5/5/2025 6:00 PM Parks, Recreation and Beautification Board Civic Center Community Room 5/6/2025 2:00 PM City Council Council Work Session Room & Council Chambers 5/8/2025 3:00 PM Health & Building Standards Commission Development Service Center 5/12/2025 3:00 PM Development Code Review Committee Development Services Center 5/12/2025 5:30 PM Board of Ethics Council Work Session Room 5/12/2025 5:30 PM Historic Landmark Commission Development Service Center 5/12/2025 5:30 PM Library Board Emily Fowler Central Library 5/13/2025 12:00 PM City Council Council Work Session Room & Council Chambers 5/14/2025 10:00 AM Animal Shelter Advisory Committee Animal Services Training Room 5/14/2025 11:00 AM Economic Development Partnership Board Development Service Center Training Rooms 5/14/2025 3:00 PM Airport Advisory Board Airport Terminal Meeting Room Page 3City of Denton Printed on 2/13/202564 Date Time Meeting LocationMeeting Body Meeting Calendar continued... 5/14/2025 5:00 PM Planning and Zoning Commission Council Work Session Room & Council Chambers 5/16/2025 1:00 PM Bond Oversight Committee Development Service Center 5/19/2025 9:00 AM Public Utilities Board Council Work Session Room 5/19/2025 5:30 PM Zoning Board of Adjustment Development Service Center 5/20/2025 2:00 PM City Council Council Work Session Room & Council Chambers 5/23/2025 1:00 PM Sustainability Framework Advisory Committee City Council Work Session Room Page 4City of Denton Printed on 2/13/2025 65 Meeting Date Item Legistar ID Departments Involved Type Estimated Time A. Halloween Update 25-083 Parks and Rec City Business 0:30 B. Ambassador Program Update 24-2478 Community Services City Business 0:30 C. Two Minute Pitch:25-020 City Manager's Office Council Request 0:30 Closed Meeting Item(s): Council Appointed Mid-Year Perfomance Reviews: City Manager and Municipal Judge Legal (if any)City Business 2:00 Total Est. Time: 3:30 Other Major Items for Meeting: A. Ethics Proposed Amendments 25-300 Internal Audit City Business 1:00 B. State Legislative Session Update 25-299 City Manager's Office City Business 0:30 C. Use of Evers Property 25-357 Parks and Recreation City Business 0:30 D. Two Minute Pitch:25-021 City Manager's Office Council Request 0:30 Closed Meeting Item(s): Council Appointed Position Mid-Year Performance Reviews: City Auditor and City Attorney; Legal (if any)City Business 1:30 Total Est. Time: 4:00 Other Major Items for Meeting: A. Water & Wastewater Resource Planning 25-149 Water/City Manager's Office City Business 1:00 B. Overview and Updates - Solid Waste and Recycling Department 24-2603 Solid Waste City Business 0:45 C. Annual Comprehensive Financial Report 24-258 City Manager's Office City Business 0:30 D. Two Minute Pitch:25-022 City Manager's Office Council Request 0:30 Closed Meeting Item(s): Legal (if any)City Business 0:30 Total Est. Time: 3:15 Other Major Items for Meeting: Closed Meeting Item(s): Legal (if any)City Business 0:30 Total Est. Time: 0:30 Other Major Items for Meeting: A. Audit of Recreation Facility Operations 25-339 Internal Audit City Business 0:15 B. Food Trucks TBD City Manager's Office City Business 1:00 C. Expiring Incentives TBD Economic Development Council Request 0:30 D. Denton Police Department Annual Update and 2024 Annual Report 25-151 Police Department City Business 0:45 E. Two Minute Pitch:25-023 City Manager's Office Council Request 0:30 Closed Meeting Item(s): Legal (if any)City Business 0:30 Total Est. Time: 3:30 Other Major Items for Meeting: A. Homelessness Response Audit 25-337 Internal Audit City Business 0:30 B. Homelessness Initiative Update Part 2 24-2043 City Manager's Office City Business 1:00 C. Community Shelter Update TBD City Manager's Office City Business TBD D. Remote Participation for P&Z TBD Marketing and Communications Council Request 0:30 E. Two Minute Pitch:25-024 City Manager's Office Council Request 0:30 Closed Meeting Item(s): Legal (if any)City Business 0:30 Total Est. Time: 3:00 Other Major Items for Meeting: A. Financial Policy Discussion 25-241 Finance City Business 1:00 B. Two Minute Pitch:25-025 City Manager's Office Council Request 0:30 Closed Meeting Item(s): Legal (if any)City Business 0:30 Total Est. Time: 1:00 Other Major Items for Meeting: Closed Meeting Item(s): Legal (if any)City Business 0:30 Total Est. Time: 0:30 Other Major Items for Meeting: A. Animal Services Euthanasia Policy and Schedule of Fees TBD Animal Services City Business 1:00 B. Audit of Public Works Maintenance 25-338 Internal Audit City Business 0:30 C. Audit of Parks Management and Planning 25-340 Internal Audit City Business 0:30 D. Denton Renewable Resource Plan 24-1910 Denton Municipal Electric City Business 0:45 E. Two Minute Pitch:25-026 City Manager's Office Council Request 0:30 Closed Meeting Item(s): Legal (if any)City Business 0:30 Total Est. Time: 3:45 Other Major Items for Meeting: A. City Council Committee Assignments TBD City Secretary's Office City Business 0:30 B. Two Minute Pitch:25-027 City Manager's Office Council Request 0:30 Closed Meeting Item(s): Legal (if any)City Business 0:30 Total Est. Time: 1:30 Other Major Items for Meeting: A. Countywide Vote Centers TBD City Secretary's Office Council Request 0:30 B. Mission, Vision, and Rebranding Initiative TBD Marketing City Business 0:45 C. Boards and Commissions Citizen Nominations TBD City Secretary's Office City Business 0:30 D. Two Minute Pitch:25-028 City Manager's Office Council Request 0:30 Closed Meeting Item(s): Legal (if any)City Business 0:30 Total Est. Time: 2:45 Other Major Items for Meeting: Work Session To Be Determined Leak Adjustment Ordinance 24-1632 Water Utilities City Business TBD Item Dates Departments Type Estimated Work Item Date Approved Department Next Step Requestor Vote Centers 10/17/2023 City Secretary's Office Work Session after Conclusion of State Leg Session CM McGee Election Day Holiday 6/18/2024 Human Resources Budget Process CM McGee Board of Ethics develop guidance for interactions with external partners 6/18/2024 Internal Audit Work Session CM Beck Campaign Finance 9/17/2024 Internal Audit Budget Process CM McGee Amending master plans to renovate Civic Center Pool 10/15/2024 Parks & Recreation Informal Staff Report CM Beck Increasing tree canopy 10/15/2024 Parks & Recreation Committee on the Environment & Parks and Rec Board CM McGee Changes to the building code to make new homes EV and solar ready 11/19/2024 Development Services Informal Staff Report CM McGee Catalyst Fund 11/19/2024 Economic Development Economic Development Partnership Board CM Jester Rooftop and wall gardens and solar panels on City buildings 12/3/2024 Facilities Management Informal Staff Report CM Beck Remote attendance for Planning and Zoning Commissioners 1/7/2025 Marketing and Communications Work Session Mayor Pro Tem Meltzer Fair Chance Hiring 2/4/2025 City Manager's Office Informal Staff Report CM McGee Tentative Work Session Topics and Meeting Information Updated: February 14, 2025 April 1 Work Session (@2:00 p.m.) Regular Called Meeting (@6:30 p.m.) May 6 Work Session (@2:00 p.m.) Regular Called Meeting (@6:30 p.m.) June 3 Work Session (@2:00 p.m.) Regular Called Meeting (@6:30 p.m.) Approved Council Pitches to be Scheduled May 13 Special Called Meeting - Canvassing (@12:00 p.m.) May 20 Work Session (@2:00 p.m.) Regular Called Meeting (@6:30 p.m.) March 25 Work Session (@2:00 p.m.) Special Called Meeting (Upon conclusion of the Work Session) Council Priorities and Significant Work Plan Items to be Scheduled June 17 Work Session (@2:00 p.m.) Regular Called Meeting (@6:30 p.m.) April 15 Work Session (@2:00 p.m.) Regular Called Meeting (@6:30 p.m.) April 1 Joint Meeting with Denton ISD (@11:00 a.m.) February 18 Work Session (@3:00 p.m.) Regular Called Meeting (@6:30 p.m.) March 4 Work Session (@2:00 p.m.) Regular Called Meeting (@6:30 p.m.) *This is for planning purposes only. Dates are subject to change.66 1 Street Closure Report: Upcoming ClosuresSCR Feb 17th - 23rdStreet/ IntersectionFromToClosure StartDateClosure EndDateDescriptionDepartmentDepartment Contact Closure Type1Audra LnStockton StMockingbird Ln02/24/25 03/21/25 Paving new addition street lane on Audra Laneand replacing street panel on existing roadwaywhere 8-inch water tap was performed.Private Development PublicWorks InspectionsZabdiel MotaLane Closure2Lake Side CtLake Country DrCul v Sac03/03/25 04/11/25 Sidewalk RepairStreetsRoy San MiguelLane Closure3Pinto Dr (2820)Paint Drat Intersection02/24/25 03/28/25 Street Panels and Sidewalk RepairStreetsRoy San MiguelLane Closure4Precision DrAirport RdUNT Library Annex04/01/25 07/31/25 ReconstructionEngineering OtherGio PineiroFull Closure5Riney RdBonnie Brae StHardaway Rd03/08/25 04/19/25 Contractor to install 12-inch waterline to providewater to the new DISD elementary schoolEngineeringJesus PerezFull Closure6Spur CtLake Country DrCul v Sac03/03/25 04/11/25 Sidewalk RepairStreetsRoy San MiguelLane ClosureExported on February 14, 2025 11:32:45 AM CST67 2 Street Closure Report: Current ClosuresStreet/ IntersectionFromToClosure StartDateClosure EndDateDescriptionDepartmentDepartment Contact Closure Type1Aileen StPanhandle StBroadway St09/27/24 02/28/25 Utility installations andpavement replacement.EngineeringScott FettigFull Closure2Audra LnStockton StMockingbird Ln07/29/24 05/09/25 Connection new storm drainageto existing City of Dentondrainage.Private DevelopmentZabdiel MotaLane Closure3Ave ACollins StEagle Dr10/08/24 03/01/25 Utility installations andpavement replacement.EngineeringScott FettigFull Closure4Ave AEagle DrHighland St02/03/25 07/01/25 Utility installations andpavement replacement.EngineeringScott FettigRolling Closure5Ave BFannin StMargie St11/22/24 02/28/25 Pavement replacement EngineeringScott FettigFull Closure6Ave CEagle DrHighland St08/26/24 03/01/25 Pavement replacement. EngineeringScott FettigFull Closure7Bernard StLindsey StFannin St08/26/24 04/30/25 Utility installations andpavement replacement.EngineeringScott FettigRolling Closure8Bonnie Brae StBirch Grove BendVintage Blvd01/24/25 02/21/25 pavement removal andinfrastructure installationPublic Works Inspections Kirk WinterLane Closure9Bonnie Brae StFM1515Walt Parker Dr01/06/25 06/30/25 Utility installations andpavement replacement.EngineeringScott FettigFull Closure10Bonnie Brae St NOak StHickory St02/10/25 02/21/25 Concrete poles install on thatcorner for DMEPublic Works Inspections John CantuLane Closure11Clover LnRobinwood LnGlenwood Ln11/12/24 05/18/25 Full Road Reconstruction EngineeringSheldon GatewoodFull Closure12Collins StAve ABernard St08/26/24 02/28/25 Utility installations andpavement replacement.EngineeringScott FettigFull Closure13Congress St.Ponder Ave.Coit St.02/03/25 07/01/25 Utility installations andpavement replacement.EngineeringScott FettigFull Closure14Crescent StCarroll BlvdBolivar St01/24/25 07/01/25 Utility installations andpavement replacement.EngineeringScott FettigFull Closure15Duncan StSmith StKerley St02/21/25 03/07/25 Water Utility Line Repairs Public Works Inspections Kirk WinterLane Closure16Eagle DrCentral AveAve A02/17/25 02/21/25 Utility installations andpavement replacement.EngineeringScott FettigFull Closure17Emerald Trace DrShagbank DrRidgehurst Ln01/24/25 02/21/25 pavement removal andinfrastructure installationPublic Works Inspections Kirk WinterFull Closure18Emery StAlice StDead End (West of Fulton)02/03/25 07/01/25 Utility installations andpavement replacement.EngineeringScott FettigFull Closure19Evening Wind RdBishop Pine RdDessert Willow01/13/25 03/14/25 Concrete Panels and SideWalkRepairStreetsRoy San MiguelLane Closure20Fannin StAve AAve B12/09/24 02/28/25 Storm Drain being installed Public Works Inspections Collin ColeLane Closure21Fulton StCordell StEmery St02/03/25 07/01/25 Utility installations andpavement replacement.EngineeringScott FettigFull Closure22Hickory Creek RdRiverpass DrFM 183003/13/23 12/31/25 Bridge InstallationEngineeringTracy BeckFull Closure23Hidden Path Ln (7808)White Dove LnMontecito Dr01/27/25 03/07/25 Concrete Panel and SidewalkRepairStreetsRoy San MiguelLane Closure24Hill StSmith StMill St02/21/25 03/14/25 Water Utility tie-inPublic Works Inspections Kirk WinterLane Closure25Hillcrest StPanhandle StCrescent St12/27/23 02/28/25 Utility installations andpavement replacement.EngineeringScott FettigFull Closure26Houston PlThomas StBradley St09/27/24 02/28/25 Utility installations andpavement replacement.EngineeringScott FettigFull Closure27Kenwood StWilderness StFox Hollow11/18/24 03/28/25 Reconstruction of the road curband gutter mill subgradestabilizationStreetsJesus RodriguezFull Closure28Margie StAve AAve B11/01/24 02/28/25 Utility installations andpavement replacement.EngineeringScott FettigFull Closure29Marietta StOak St WScripture St09/27/24 03/31/25 Utility installations andpavement replacement.EngineeringScott FettigFull Closure30Morse StLoop 288Mayhill Rd12/02/24 06/27/25 Water Line Replacement andRoad ReconstructionPublic Works InspectionsStreets WaterKristine StewartLane Closure31Mulberry StWelch StBernard St11/29/24 03/31/25 Utility installations andpavement replacement.EngineeringScott FettigFull Closure32Nautical LnHickory Creek RdOcean Dr01/02/25 02/28/25 Water and Storm line tie ins Private DevelopmentGavin PetnerLane Closure33Ocean DrAtlantic DrNautical Ln01/02/25 02/28/25 Sanitary Sewer installPrivate DevelopmentGavin PetnerFull Closure34Panhandle StEctor StAileen St09/27/24 03/31/25 Utility installations andpavement replacement.EngineeringScott FettigFull Closure Exported on February 14, 2025 11:32:55 AM CST68 Street/ IntersectionFromToClosure StartDateClosure EndDateDescriptionDepartmentDepartment Contact Closure Type35Ridgehurst LnBonnie Brae StEmerald Trace Dr01/24/25 02/21/25 pavement removal andinfrastructure installationPublic Works Inspections Kirk WinterFull Closure36Robinwood LnLive OakKayewood Dr01/27/25 02/28/25 Road reconstruction (Millingand C/G Removal, Stabilization)EngineeringSheldon GatewoodFull Closure37Robinwood LnEmerson LnLive Oak St11/12/24 05/16/25 Full Road Reconstruction EngineeringSheldon GatewoodFull Closure38Shagbank DrHomebeam StEmerald Trace Dr01/24/25 02/21/25 pavement removal andinfrastructure installationPublic Works Inspections Kirk WinterFull Closure39Sunset StUniversity Dr WAnna St01/20/25 04/30/25 Utility installations andpavement replacement.EngineeringScott FettigFull Closure40Texas stBell AveOakland St02/08/25 02/17/25 Driver pipeline replacing valleygutterPublic Works Inspections Alexander CervantesFull Closure41Thomas StPanhandle StEmery St10/11/24 03/31/25 Utility installations andpavement replacement.EngineeringScott FettigFull Closure42Unicorn Lake BlvdState School RdWind River Ln12/17/24 02/28/25 Water and Sanitary Sewer tieinsPrivate DevelopmentGavin PetnerLane Closure43Welch StHighland StHickory St08/26/24 04/30/25 Utility installations andpavement replacement.EngineeringScott FettigRolling Closure44Welch StChestnut StMulberry St02/03/25 07/01/25 Utility installations andpavement replacement.EngineeringScott FettigFull Closure45Welch St SEagle DrHickory St06/03/24 05/31/25 Utility installations andpavement replacement.EngineeringScott FettigFull Closure46Westway StAnna StBolivar St01/24/25 05/01/25 Utility installations andpavement replacement.EngineeringScott FettigFull Closure47Willowwood StWestwood DrLeslie St01/16/25 02/28/25 Sanitary sewer, water andstorm sewer installPrivate DevelopmentGavin PetnerLane Closure Exported on February 14, 2025 11:32:55 AM CST69 3 Street Closure Report: Completed ClosuresStreet/ IntersectionFromToClosure StartDateClosure EndDateDescriptionDepartmentDepartment Contact Closure Type1Desert Willow DrSilktree Ct@ Intersection01/13/25 02/06/25 Sidewalk and ADA Repair StreetsRoy San MiguelLane Closure2Dunes StDunes Ct@ Intersection01/27/25 02/14/25 Removing asphalt and placingvalley gutter in the easternportion of the intersection onDunes StEngineeringTaylor HoltFull Closure3Eagle DrBeatty StCentral Ave11/25/24 02/14/25 Utility installations andpavement replacement.EngineeringScott FettigRolling Closure4Harvest Hill DrWaldorf DrHarvest Glen Dr01/06/25 01/17/25 Sidewalk RepairStreetsRoy San MiguelLane Closure5Mockingbird LnHoward CtLance Ln01/06/25 02/07/25 Sidewalk and ADA repair StreetsRoy San MiguelLane Closure6Pickwick LnOxford Lane@ Intersection01/27/25 01/31/25 Removing asphalt and placingvalley gutter in the easternportion of the intersection onPickwick Ln.EngineeringTaylor HoltFull Closure7Ryan RdCountry Club RdMontecito Dr01/17/25 01/24/25 Hydroexcavation of existingutilitiesPublic Works Inspections Caitlin BrownRolling Closure8Smith StHill StDuncan St12/11/24 01/27/25 Manhole Installation in thestreet and water tapsPublic Works Inspections Tasheba JonesLane Closure Exported on February 14, 2025 11:33:12 AM CST70