The URL can be used to link to this page

080919 Friday Staff Report City Manager's Office 215 E. McKinney St., Denton, TX 76201 • (940) 349-8307 DENTON MEMORANDUM DATE: August 9, 2019 TO: The Honorable Mayor Watts and Council Members FROM: Todd Hileman, City Manager SUBJECT: Friday Staff Report I. Council Schedule A. Meetings 1. Cancelled - Public Utilities Board Meeting on Monday, August 12, 2019 at 9:00 a.m. in the City Council Work Session Room. 2. Historic Landmark Commission on Monday, August 12, 2019 at 5:30 p.m. in the City Council Work Session Room. 3. Mobility Committee Meeting on Tuesday,August 13,2019 at 8:30 a.m. in the City Council Work Session Room. 4. Work Session of the City Council on Tuesday,August 13, 2019 at 11:00 a.m. in the City Council Work Session Room. 5. Economic Development Partnership Board on Wednesday, August 14, 2019 at 11:00 a.m. in the City Council Work Session Room. 6. Agenda Committee Meeting Wednesday,August 14, 2019 at 2:30 p.m. in the City Manager's Conference Room. 7. Special Called Work Session of the Planning and Zoning Commission on Wednesday, August 14, 2019 at 5:00 p.m. in the City Council Work Session Room, followed by a Regular Meeting at 6:30 p.m. in the City Council Chambers. 8. Cancelled-Health and Building Standards Commission Meeting on Thursday, August 15, 2019 at 4:00 p.m. in the City Council Chambers. 9. Board of Ethics Meeting on Thursday, August 15, 2019 at 5:30 p.m. in the Finance Conference Room. OUR CORE VALUES Integrity • Fiscal Responsibility • Transparency • Outstanding Customer Service 10. Committee on Persons with Disabilities on Thursday,August 15,2019 at 6:00 p.m. in the City Council Work Session Room. 11. City Council Retreat on Saturday, August 17, 2019 at 8:30 a.m. at the Texas Woman's University Board of Regents Conference Room - 16th Floor, 304 Administration Drive, Denton, Texas 76204 II. General Information & Status Update A. Online SCBAC Comment Submissions — As the Special Citizens Bond Advisory Committee (SCBAC) evaluated the proposed 2019 Bond Program, staff made an online comment form available for citizens to submit feedback or questions relating to the proposed program. These submissions allowed interested persons to submit feedback without the need to attend a Committee meeting. Additionally, the submissions were updated regularly and provided to the SCBAC so that they may factor this feedback into their overall discussion. A copy of all proposed bond program feedback received through August 6,2019 is attached. Staff contact: Ryan Adams, Public Affairs B. Roselawn Concrete Batch Plant Permit Update - Information was provided in the May 3 Friday Report regarding the concrete batch plant on Roselawn Drive in response to concerns from nearby residents. Staff was asked to provide a copy of the permit once it was issued by the Texas Commission on Environmental Quality, the permit is now available and can be found online here. Staff contact: Charlie Rosendahl, Development Services C. Park7 Gas Lines — During the August 8 City Council meeting, Council Member Briggs requested information concerning the Park7 Apartment Complex that is being constructed in the Scripture and Normal Street Area. This request was made after the citizen comments included an opinion that the construction would jeopardize the integrity of the gas supply lines in the area. Staff has spoken with representatives from Atmos Energy about this particular issue and Atmos representatives will be prepared to respond to Council questions if they are asked during the Atmos work session item that is currently scheduled for the August 27 City Council meeting. Staff contact: Kenneth Banks, Utilities Administration D. Confederate Memorial — During the August 6 City Council meeting, Council Member Armintor requested the status of a Council resolution against the Confederate Memorial on the square. The attached Informal Staff Report No.2018- 130 was distributed on September 21, 2018. Following that,this item was discussed during the Council Work Session Strategy Sessions on October 23,2018,November 27, 2018, March 4, 2019, and April 23, 2019. In each of those strategy sessions, there was not a consensus among Council Members to move forward with any action. This item will be listed again as a potential topic for discussion during the upcoming Work Session Strategy Session that is currently scheduled for September 24. Staff contact: Stuart Birdseye, City Manager's Office/Rachel Wood, City Manager's Office E. Intersection of Teasley and Hickory Creek Road — On August 6, a citizen asked what could be done about safety concerns due to uneven road conditions at the 2 intersection of Teasley and Hickory Creek Road. Teasley/2181 is a state road, so all temporary solutions to address the issues are coordinated through TxDOT. Staff reached out to TxDOT and it was confirmed on August 9 that asphalt has been laid to temporarily alleviate the safety issues. Staff contact: Todd Estes, Capital Projects F. Lynching Memorial—During the August 6 City Council meeting, Council Member Armintor requested that a Resolution of Support for a potential Lynching Memorial in the Downtown Square area be presented to the City Council for approval. This request will be included as a potential future agenda item and will be available to discuss during the upcoming Work Session Strategy Session that is currently scheduled for September 24. Staff contact: Stuart Birdseye, City Manager's Office G. Artist in Residence — On July 9, Council Member Briggs asked if the City could offer an Artist in Residence program similar to the City of Arlington's program. Arlington's program, as described in the attached Facebook ad, offers a $1,000 stipend to an artist to provide classes and display art pieces in an exhibition. There is currently no funding that has been identified for a program like this. Staff contact: Jennifer Bekker, Library H. Welcoming City Information—During the August 6 City Council meeting, Council Member Armintor requested the status of potential Council direction regarding a potential Welcoming City initiative. Informal Staff Report No.2018-192(attached) was distributed on December 21, 2018. The report outlines Dallas' pursuit of a "Welcoming City" certification designated by Welcoming America, a national certifying non-profit organization.At time the report was published,there were three certified Welcoming Cities nationwide: Dayton, Ohio; Louisville, Kentucky; and Salt Lake City, Utah. This Welcoming City item was discussed during Council Work Session Strategy Sessions on March 4, 2019 and April 23, 2019. In each of those strategy sessions,there was not a consensus among Council Members to move forward with any action. This item will be listed again as a potential topic for discussion during the upcoming Work Session Strategy Session that is current scheduled for the September 24 City Council Meeting. Staff contact: Stuart Birdseye, City Manager's Office I. Fred Moore Day Nursery School — On July 31, Mayor Pro Tem Hudspeth asked about the future plans for the Fred Moore Day Nursery School and if these plans would have an impact on the Community Development Block Grant (CDBG) funding they receive. The DISD board supported the proposal to provide a full-day pre-k program across the district, including hiring additional personnel, but to-date notice regarding the impact to current programming at Fred Moore Day Nursery School has not been received. City staff will continue to monitor any program modifications that may impact the main campus facility that was deeded to Fred Moore by DISD in 2006 where CDBG funds have been utilized for improvements over the last few years. Staff contact: Danielle Shaw, Community Development J. Inclusionary Zoning for Habitat for Humanity — On May 21, Council Member Briggs requested information about how to incentivize the inclusion of Habitat for Humanity homes in new developments. Habitat for Humanity homes are subject to the same zoning processes as all other housing development. In March, staff 3 completed an ISR detailing the methodology and processes for inclusionary zoning which can be found here. In summary, there are two major buckets of inclusionary zoning- mandatory and voluntary. The ability of cities to enact mandatory inclusionary zoning is restricted by state statute. Voluntary zoning provides incentives to developments over a certain unit count who voluntarily include a percentage of affordable housing units. Inclusionary zoning is one tool that cities use within a comprehensive affordable housing strategy. An analysis of current affordable housing provision and needs would determine the housing needs and help identify which tools would best address those needs. Staff contact: Danielle Shaw, Community Development K. DMAC Space and Funding—On July 17 Council Member Briggs asked if there was any space or sponsorship funds to assist the Denton Music Arts Collaborative (DMAC). This year, DMAC is set to receive $900 through Council Contingency fund allocations. Library staff is also meeting with DMAC on August 9 to identify meeting space that is available for them to use. The results from that meeting will be relayed in an upcoming Friday Report. Staff contact: Jennifer Bekker, Library L. Kings Row Substation—On June 30,Council Member Briggs requested information about turning the site of the retired Kings Row Substation into a park or community garden. Before this site can be used for another purpose, DME will need to perform extensive site environmental remediation due to the potential environmental (hydrocarbons) and site restoration work after all of the old substation equipment has been removed from the site. Work to ready this site for another use could take between a 3- to 5-year timeframe for all of the removal, remediation and cleanup activities to occur on the site. Informal Staff Report No. 2018-066, which was distributed on May 25, 2018, offers additional details and includes other potential uses for the site M. Hillcrest Street Construction — Staff have received several inquiries regarding the project schedule to repair the portion of Hillcrest Street between Crescent and Emory. City staff will begin repairing the width of the drive approaches that are in the worst condition beginning next Tuesday,August 13.Door hangers will be placed at the residences beginning Friday, August 9, and cones will be placed on Monday, August 12. The repairs to the street along the utility cuts will be scheduled a few weeks later. Repairing the drive approaches next week allows for the pedestrian areas to be addressed first while the street repairs are coordinated with the City's contractor. Staff contact: Mario Canizares, City Manager's Office N. Intersection of Loop 288 and I-35E — On August 6, Council Member Briggs requested staff address safety concerns at the intersection of Loop 288 and I-35E. Loop 288 is a TxDOT facility and they recently switched the traffic control at the intersection with I-35E. The new traffic control plan has considerable impact on the traffic operation at this intersection due to reduction in capacity. As the TxDOT contractor works through different phases of this project, the traffic control and the traffic pattern will continue to change/evolve. City staff is actively monitoring the traffic signals at this location and will work closely with TxDOT to implement necessary timing changes to help alleviate congestion. Staff will review alternatives (including temporary signs, barriers such as cones, barrels, etc.) and work with 4 TxDOT and its contractor to implement them. Additionally, the intersection of I- 35E and Brinker Rd. is scheduled to open at the beginning of October,which should alleviate congestion at the intersection of Loop 288 and I-35E. Staff contact: Todd Estes, Capital Projects O. Tiny House Village Research—Following the work session this week, a member of the Denton Basic Services Center posted on Facebook claiming that City staff had presented that "communities are moving away from the tiny house model as an alternative to homelessness" and accused staff of lying, not doing their research well, or being ill prepared. That broad generalization was never made or presented by staff. Staff researched 10 different villages thoroughly and included that information in a full report in the work session materials, available here. Staff presented and demonstrated the wide range of tiny house village models that exist, including tiny house village models that are successful and expanding such as CommunityFirst! Village in Travis County, TX(a permanent housing model). Staff did cover one tiny house village model that is looking to be transitioned out by the City of Seattle in favor of more cost-effective options such as enhanced shelters. Staff also stated during the presentation the fact that HUD is moving away from providing funding to transitional housing projects in preference for permanent housing projects in alignment with the Housing First model. Staff spent many hours preparing the research and report (approximately 50 hours) and want to clarify and address the misrepresentation of staff s words and work. Staff contact: Sarah Kuechler, Public Affairs P. DCTA Bus Route#7—At the August 6,2019,City Council meeting a resident spoke about her concerns regarding the detour routes for bus #7 due to the Bonnie Brae/Scripture roundabout construction. The resident indicated that certain bus stops along the detour route were not suitable for riders because of the long walking distance between the stop and ultimate destination of the rider. Staff spoke with the resident the following day to obtain her contact information and provide a few more details. Staff also spoke to the DCTA President Ray Suarez and passed on the resident's concerns and phone number. Mr. Suarez indicated that a DCTA staff member would call the resident to address the concerns from the resident. Staff contact: Mario Canizares, City Manager's Office Q. Church Access During Hinkle Road Construction — Council Member Briggs requested information on access to the Presbyterian Church during the construction on Hinkle Road. At the beginning of July, the Project Manager discussed accessibility to the Presbyterian Church during construction with both a representative from the church and the construction contractor. The only instances of inaccessibility discussed were to be while materials are drying or curing. During the July meeting, the project manager shared their direct contact information with church staff should any other issues arise. Staff contact: Todd Estes,Capital Projects R. Providing accessible parking spaces at the Veteran's Home—On August 6, Council Member Armintor asked if someone from the City could speak with the staff of the Veteran's Home on Carroll Boulevard and offer to paint new accessible parking spots. City staff is unable to offer this service to a privately-owned property because 5 it would constitute the gifting of public funds which is not permitted according to the Texas Constitution, article III, § 52. Staff contact: Erin Winn, Public Affairs S. Part-time employ, edges — During the June 3 work session, Council Member Briggs asked how many part-time or seasonal employees were making less than$10 an hour. Staff analyzed the most current employment data and found that no part- time or seasonal employees were making less than $10 an hour, except for participants in the Mayor's Summer Youth Jobs Program who make $7.25 an hour. Staff are currently compiling the additional information that was requested about the budgetary impacts of specific wage increases and turnover rates for all departments. This information will be provided in a future Friday report. Staff contact: Carla Romine, Human Resources T. Serge on University Drive — On August 5, Mayor Pro Tem Hudspeth requested staff reach out to TxDOT to add additional signage on University Drive (near the Braums) to alert drivers that the two left turn lanes enter I-35. Staff has communicated this request to TxDOT and will continue to work closely with them and the contractor to implement the additional signage. Staff contact: Pritam Deshmukh, Capital Projects U. Open Space Question—During the August 6 City Council meeting,Council Member Armintor inquired about the property in Aubrey at the intersection of FM2153 and Shepard Road that was discussed in 2015 as a potential site for an Energy Center. DME only explored the feasibility of the location but ended those efforts after the City Council approved the construction of a single plant at the Jim Christal Road site. The City of Denton never entered into a contract with the landowner, nor is staff aware of the property owner's current plans for this site. This site is located within the ETJ for the City. As the Parks and Recreation Department considers land acquisitions for potential future open space, staff will evaluate properties that is within City limits and within the ETJ. This site would need to be fully analyzed to determine whether or not it fits within the Parks and Trails Master Plan that currently being developed. Staff contact: Tony Puente, DME/Gary Packan, Parks and Recreation V. NLC Prescription Discount Program — Council Member Briggs requested information about the National League of Cities' Prescription Drug Discount program. According to their website, this discount program in participating cities allows residents who lack insurance or whose insurance does not cover the cost of a prescription drug to sign up for an ID card that makes them eligible to purchase prescription drugs at a lower price. The program is offered at no cost to NLC cities and is funded by CVS Care Marks. In order to participate,the City of Denton would designate a staff contact and create a promotional plan utilizing marketing materials provided by NLC. While the discount card, enrollment and membership is free, the cost to administer this program is unclear. Further investigation is needed to determine if City staff would be responsible for distributing and monitoring the use of the discount cards. A clearer understanding of administrative cost would allow for a cost-benefit analysis using the average savings data provided by NLC. For example, in 2018, 98 City of Plano residents utilized the program and saved 6 $1,076.74 total; an average of$10.98 in savings per resident. Staff would also need to confirm with Legal or Compliance whether or not participation in a privately- funded program would constitute a conflict of interest. Staff will await formal direction from Council to proceed any further. Staff contact: Sarah Kuechler,Public Affairs W. Heritage Oaks Apartments — On July 14 a request was made by Council Member Briggs regarding potential plans to close Heritage Oaks and develop a new senior housing community. Staff reached out to the Denton Housing Authority (DHA), owners of the Heritage Oaks Apartments, and they confirmed there are no current plans to close Heritage Oaks at this time. DHA is actively seeking a development partner for either redevelopment of the complex or construction of a new site, but they have not yet identified a partner. DHA assured staff that if at some time in the future they do have plans to develop,there would be extensive communication with their residents and current residents would have the option to move to the new site or another DHA site if a new site were to be developed. Staff contact: Charlie Rosendahl, Development Services X. County Historical Park Restrooms-Following the August 1 Budget Workshop,City staff coordinated with County staff to discuss options for a permanent or semi- permanent restrooms at the County Historical Park. Staff reviewed both a trailer option, similar to what is currently located at the Carl Young Park Sprayground, and a pre-engineered permanent option, similar to what has been approved for Quakertown and Carl Young Parks. After discussing options, both the City and County agreed that the most cost-effective option is the pre-engineered permanent structure. The County has indicated a willingness to share the cost of the pre- engineered option, and staff is currently working with the County to develop a funding agreement. Staff will provide additional details on the timeline for the County Historical Park restroom project after the funding agreement with the County has been finalized. Staff contact: Drew Huffinan, Parks and Recreation Y. Construction dust on Hinkle Drive—Council Members Briggs and Davis asked what is being done to minimize the dust at the Hinkle Drive construction project. Staff have confirmed that dust control measures are in place for the active Magnolia Drainage Project on Hinkle Drive. The contractor has two water tankers on-site to spray water in the construction area to prevent dust from becoming airborne. In addition,to ensure unsafe materials are not released into the air,the contractor mixes all materials off-site. Last week, city staff directed the contractor to increase the watering to three to five times per day while being mindful not to have excessive water in the area that could impact safety and drivability for motorists in the area. The project manager confirmed that the contractor is monitoring the dust control,there are trucks on site, and the watering has been increased to better address concerns. The contractor is planning to have an asphalt base laid within three weeks from University to Greenbriar Street, which will reduce the amount of dust in the area. Staff contact: Todd Estes, Capital Projects Z. Promotion of Non-City Events —At the August 6 City Council meeting, City staff was requested to promote a privately-organized vigil that would be open to the public. Generally,the City uses its communications channels to promote events that are city-organized, city-sponsored, or events that are organized by entities with which the City has a partnership. A primary reason for this practice is that the City would have little to no input over the content,planning, and other similar matters of a privately-organized event. Poor planning or the introduction of unanticipated or undesired content at a privately-held event could damage the reputation of the City organization if the City encouraged public participation in the event. Additionally, the City is not able to accommodate the many requests that it would likely receive if it were to begin promoting privately-organized events. It is for these and similar reasons, the City maintains this communications practice. Staff contact: Ryan Adams, Public Affairs AA. Stub Poles—DME has completed an audit of stubbed poles throughout the City, and has verified poles based on phone, cable tv, and bare poles that can be pulled now. There are now 87 bare stubbed poles and staff is coordinating with a contractor to remove poles beginning next week with a goal to have all bare poles removed within the next two weeks. Staff is still compiling all the data of stubbed pole totals that still have phone and cable attached and expects there to be over 400 poles with these utilities still attached. Staff will include an update in a future Friday Report once that exact number is determined. Staff contact: Tony Puente, DME BB. Commercial Vehicle Enforcement Program—As the county seat of Denton County, the City of Denton is a major crossroads of highway transportation. In addition to three US highways, one State loop, and eleven farm-to-market roads, Denton is situated along 1-35, a major international commercial thoroughfare. The safe transportation of goods across Denton is essential to the welfare of residents and visitors. In an effort to promote commercial vehicle safety, the Denton Police Department (DPD began its Commercial Vehicle Enforcement (CVE) program in partnership with the Texas Department of Public Safety (DPS) as a Motor Carrier Safety Assistance Program (MCSAP) Partner-Agency in 2006. DPD has two MCSAP officers that are authorized to stop, enter, and detain commercial vehicles to conduct necessary safety inspections. Each officer conducts hundreds of roadside inspections each year. The two MCSAP officers conducted 833 commercial vehicle inspections in the calendar year 2018. Additionally, MCSAP officers will conduct post-accident inspections when there is a fatality, life threatening injury, or hazardous material spill. The officers routinely encounter commercial vehicles that lack the authority to operate as a motor carrier,do not have proper insurance or necessary licensure, lack necessary equipment maintenance, or contain hazardous materials. Officers also routinely identify violations to State size and weight limitations. In order to participate as a MCSAP partner agency,a local law enforcement agencies must enter into two different memoranda of understanding (MOU) with the DPS's Motor Carrier Bureau (MCB). The MOUs outline the responsibilities of both the DPS and the MCSAP partner agency and must be renewed every two years. City Council will be asked to approve two associated MOUs at their August 13 City 8 Council meeting. One MOU will grant DPD the authority from DPS to conduct weight enforcement. The second MOU will grant DPD the authority from DPS to conduct federal safety regulation inspections. Staff contact: Bobby Smith, Police CC. Fitness Pass Cost Update—At the Aug. 1, City Council meeting, Council Member Hudspeth asked for the cost of a gym pass at the recreation centers. Staff stated the cost was $150. That quote was incorrect. The cost of a fitness membership pass is $120 annually. In addition to the standard recreational pass activities, which allows access to the gymnasium, game rooms, and public computers,the fitness pass allows members to access the weight rooms and cardio rooms. Previously, the cost for memberships varied by recreation center and was limited to each facility. That changed in 2019 as fitness memberships are a standardized price and can be used at any of the recreation centers. Staff contact: Gary Packan, Parks and Recreation DD. Bell Traffic Sim — Council Member Briggs shared citizens' concerns regarding the visibility of the signal at the intersection of Bell Ave. and Mingo Rd. near the Civic Center. This intersection has a challenging angle for signal placement and louvers (similar to image below)were installed on the south bound Bell signal head faces to limit the visibility by south bound Mingo drivers. While this did reduce confusion for the south bound Mingo drivers, it has created a significant visibility issue for south bound Bell drivers. Staff have removed the louvers on Wednesday, August 7 and are researching an alternative solution for reducing confusion for south bound Mingo drivers. Staff contact: Pritam Deshmukh, Capital Projects EE. National Night Out Events — The Denton Police Department, Denton Fire Department, other City departments, and City officials will participate in two National Night Out events on Monday, September 30 and Tuesday, October 1 (see attached press release).National Night Out is a community event to raise awareness about community policing in our neighborhoods. Across Denton, neighborhoods, homeowners' associations, and citizen groups will hold block parties and barbecues to encourage neighbors to get to know each other and local law enforcement agencies, and help make their community safer. Citywide Kickoff Party—Monday, September 30 New to this year is the Citywide Kickoff Party which will be hosted the day before National Night Out to allow residents another option to meet public safety and local 9 government officials. Residents are invited to attend this community celebration from 5:30 to 8:30 p.m. on September 30 at the Denton Civic Center (321 E. McKinney St.). Residents will join first responders, and City officials and staff for an evening of free food, drinks, carnival games, and more. This family-friendly kickoff is an opportunity for everyone in our community to gather the day before National Night Out. Neighborhood Parties—Tuesday, October 1 Neighborhoods that would like City of Denton Police officers and other city representatives to attend their National Night Out gathering on Tuesday, are encouraged to complete the registration form available at www.cityofdenton.com/nno. Registration ensures that the City is aware of each neighborhood party and guarantees a visit from a Police Officer (along with other public safety and city staff). The deadline to register your neighborhood party is Friday, September 13. Additional information is available at www.cityofdenton.com/nno. Staff contact: Ryan Adams, Public Affairs/Khristen Jones, Police FF. National City Hall Selfie Dqv — The City of Denton will join cities around the country on Thursday, August 15 by participating in National #CityHallSelfieDay (flyer attached). #CityHallSelfieDay is a social media campaign for people around the world to show their love for local government by taking a selfie in front of their local City Hall or any city, county, special district or regional building. Residents are encouraged to take a selfie at a City of Denton City Hall, and post it to social media with the hashtags #CODSelfie and#CityHallSelfie. In a joint effort to promote the Clear the Shelters event on Saturday, August 17, Animal Services will have adoptable pets on-site for resident's #CityHallSelfie at City Hall Main(215 E. McKinney St.) from 10:00 a.m. to 1:00 p.m. How residents can participate: • Share the event on social media account to spread the word! • On Thursday, August 15, take a selfie in front of City Hall or in front of any city, county, special district, or regional building. • Post the selfie to Twitter, Instagram, or Facebook with the hashtag #CODSelfie and#CityHallSelfie • Tag the City of Denton in the post! For information on#CityHallSelfie Day visit https://elgl.org/cityhallselfie/ . Staff contact: Stephanie Yates, Public Affairs GG. CloudLibrM Digital Services—Soon City of Denton library cards will give patrons access to a new platform with more eBooks and digital audiobooks than ever before. CloudLibrary will replace Overdrive/Libby this September. The new platform will have new, expanded content, in addition to all of the previous content available on Overdrive. The City will continue to offer digital content on Hoopla after CloudLibrary is available, but will be moving away from the Overdrive/Libby platform. 10 Borrowers will be able to access 125,000 additional ebooks and digital audiobooks from Texas Libraries with access to cloudLink. The cloudLink service offers more access to popular titles, fiction, non-fiction, biographies, classics and more for all ages. The best part is that Denton Public Library borrowers will always have priority to start reading instantly with their Denton Public Library card. Library staff is finalizing the software transfer process and working to get the digital content ready for transfer. It is anticipated that access to the C1oudLibrary app will be available at the end of August. OverDrive/Libby content will be transferred to the CloudLibrary app on September 17, and OverDrive/Libby services will be deactivated at that time. The ability to place holds in OverDrive/Libby has been disabled as holds cannot be transferred. The library recommends that current OverDrive/Libby users print or make note of any OverDrive/Libby items on your hold list so you can request them once C1oudLibrary is live. Once activated,the new C1oudLibrary app will feature an opening collection of new ebooks and digital audiobooks. After the September 17 transfer, the Denton Public Library collection of about 18,000 items will be available in the C1oudLibrary app for users to search, browse,hold, and check-out. Borrowers will also be able to place purchase requests for digital content in C1oudLibrary at that time. Available ebooks and digital audiobooks from cloudLink libraries across Texas will be added one week after the September 17 content transfer. The Library will continue to provide updated C1oudLibrary information via twitter, Facebook, and library.cityofdenton.com as the transition plans are finalized. Staff contact: Jennifer Bekker, Library HE New Bike/Walk Denton Vehicle—The Bike/Walk Denton program procured a cargo bicycle for in-town transportation. The program was formerly using a surplus police bicycle with a very basic trailer on the back to haul a table and presentation materials to school and university events. The old set-up was awkward and unwieldy. The Bike/Walk program acquired a Swift model cargo bike from Bunch Bikes (locally based in Denton County) to "walk the talk" of bicycle-based transportation. This will be a much safer and more streamlined way to participate in public events and promote cycling without using an automobile. Staff contact: Marc Oliphant, Capital Projects a 11 % •`"''moo Top Picture: Former trailer and bike setup Bottom Picture: New Bunch Bike "Swift" Cargo Bicycle II. Council Requests Scheduled for Upcoming City Council Meetings — Several Council requests will be included as either upcoming work session items or be included in the upcoming Work Session Strategy Session that is currently scheduled for September 24. As a result, these items will be removed from the Council Requests list. These topics include (requestor and date of request are listed in parentheses): • Update the Gas Well Ordinance to include 500; reverse setbacks, and 1000' setbacks. Include an updated ordinance, communication strategy, information on the application of the ordinance, and an appeals process. (Watts, 7/16/19) o A work session has been scheduled for October 8. • Information on the policy options for a development fee waiver or City administered grant program for non-profit agencies. (Briggs/Armintor/Davis, 6/4/19) o A work session has been scheduled for September 10. • Work Session on options to enhance City's partnership with DCTA under the new governance structure. (Davis, 5/21/19) o A work session has been scheduled for August 27. • How much of Customer Services' bad debt is a result of late fees and penalties? (Briggs, 6/4/19) o A work session is planned for September 10 where this information will be discussed. • Work session on credit and collections follow up for Council to provide policy feedback on percentage versus flat late fees. Provide comparative data from peer cities related to handling of account deposits and balances on transfers of service. (Briggs, 6/4/19) o A work session is planned for September 10 where this information will be discussed. • Can there be a future work session regarding garage conversions and whether the number of unrelated persons residing in a residence has changed? (Briggs, 7/12/19) o Information will be provided during a future DDC Update work session. 12 • Clarification on if residential accessory dwelling units can have separate mailbox. (Armintor/Meltzer, 8/6/19) o Information will be provided during a future DDC Update work session. • Work Session on comprehensive process for low-income housing strategy that includes housing bonds, density bonuses, grants for low income rentals, land swaps and other tactics to maximize the availability of affordable housing. (Meltzer, 3/20/19) o This will be prioritized with other requests during a future Strategy Session. • Workshop on the potentially altering current City requirements for elected officials to serve on community board such as the Economic Development Partnership Board. (Hudspeth, 6/18/19) o This will be prioritized with other requests during a future Strategy Session. • Request a work session to develop a comprehensive anti-discrimination ordinance. (Armintor, 7/17/19) o This will be prioritized with other requests during a future Strategy Session. • Work Session on a citywide moratorium for small marijuana possession arrests. (Armintor, 7/22/19) o This will be prioritized with other requests during a future Strategy Session. • Work Session on a citywide moratorium for criminal trespass citations and related arrests for peaceful sitting, standing or resting on public property. (Armintor, 7/22/19) o This will be prioritized with other requests during a future Strategy Session. • Information on Horse Drawn Carriages and horse riding within the City, bring ordinance forward for Council discussion(Ryan, 7/23/19) o This will be prioritized with other requests during a future Strategy Session. III. Upcoming Community Events and Meetings A. Events 1. Midnight Hoops— Saturday, August 10, 2019 from 9:00 a.m. to 12:00 p.m. at the Denton High School Gymnasium(1007 Fulton St). Tipoff is at 11:00 a.m. Staff contact: Bobby Smith, Police 2. City Hall Selfie Da X— Thursday, August 15, 2019 from 10:00 a.m. to 1:00 p.m. at the Denton City Hall(215 E. McKinney St.) and City Hall East(601 E. Hickory St). Staff contact: Stephanie Yates, Public Affairs 3. Clear the Shelters—Saturday,August 17,2019 from 10:00 a.m. to 5:00 p.m. at the Linda McNatt Animal Care and Adoption Center(3717 N. Elm St.). Staff contact: Randi Weinberg, Animal Services 13 4. Vela Athletic Complex Grand Opening—Saturday,August 31 from 9:00 a.m. to 1:00 p.m. A soccer and rugby tournament will begin at 9:00 a.m. FC Dallas will host free, open soccer clinics taught by FC Dallas coaches. Staff Contact: Jason Barrow, Parks and Recreation 5. Splish Splash Doggie Bash—Saturday,September 7 from 9:00 a.m.to 10:30 a.m. and from 11:00 a.m. to 12:30 p.m. at Civic Center Pool (515 N. Bell). Hosted by Denton Parks Foundation. More information can be found on their Facebook Page. Staff Contact: Gary Packan, Parks and Recreation 6. National Night Out Kickoff— Monday, September 30, 2019 from 5:30 p.m. to 8:30 p.m. at the Denton Civic Center(321 E. McKinney St.). Staff contact: Frank Dixon, Police and Sarah Kuechler, Public Affairs 7. National Night —Tuesday,October 1,2019 with neighborhood block party times and locations varying. Staff contact: Frank Dixon, Police and Sarah Kuechler, Public Affairs B. Community Meetings 1. Developer Town Hall Meeting—Monday,August 12, 2019 from 8:00 to 10:00 a.m. at the City Hall Council Chambers (215 E. McKinney St.). Staff contact: Scott McDonald, Development Services 2. Oak/Hickory Parking and Traffic Community Meeting — Thursday, August 15, 2019 at 6:00 p.m. at the UNT Greek Life Center (621 S. Welch Street, Room 101B). Staff contact: Ryan Adams, Public Affairs 3. Rec Centers and Services Focus Group— Thursday, August 22 at 6:30 p.m. at Denton Civic Center (321 E. McKinney St.). As part of the Parks and Recreation Master Plan, the public is invited to discuss future needs surrounding rec centers and programming. Staff Contact:Laura Behrens,Parks and Recreation 4. TxDOT FM 1515 Project Public Meeting—Thursday,August 29,2019 from 6:00 to 8:00 p.m. at Embassy Suites Denton Convention Center (3100 Town Center Trail). Staff contact: Pritam Deshmukh, Capital Projects IV. Attachments A. SCBAC Website Feedback Submissions...............................................................16 B. 2018-130 County Courthouse Confederate Monument ........................................21 C. 2018-192 City of Dallas Welcoming City Information ........................................23 D. Press Release—National Night Out(Aug 2019) ..................................................69 E. City Hall Selfie Day 2019 .....................................................................................72 V. Informal Staff Reports A. 2019-154 Small Cell Node Litigation..................................................................73 14 B. 2019-155 Integrated Pest Management System Supplemental .........................118 C. 2019-156 PEC 4 Survey ....................................................................................123 D. 2019-157 DEC June 2019 Dashboard ...............................................................125 E. 2019-158 Bond Sales .........................................................................................128 F. 2019-159 Water Outage Messaging...................................................................130 G. 2019-160 House Bill 2840 ................................................................................133 H. 2019-161 Denton Parks Foundation Update .....................................................139 1. 2019-162 Built for Zero Homelessness .............................................................141 VI. Council Information A. Council Meeting Requests for Information........................................................143 B. Other Council Requests for Information............................................................144 C. Council Calendar................................................................................................146 D. Draft Agenda for the August 20.........................................................................149 E. Future Work Session Items ................................................................................156 F. Street Construction Report.................................................................................157 15 Online Feedback Submissions 2019 Proposed Bond Program 6/13/19 Shane Warren 1104 McCormick St Unit 1 The sidewalks around UNT are an disability access issue. UNT can't fix them because Denton ,TX 76201 they're technically not a part of UNT property. If this bond does pass, I would love United States to see sidewalks being updated to be wheelchair and other disability accessible. 7/8/19 Bill Kenney 7604 Hinkley Oak Dr. Serious question...Why does a growing city need new debt?Why not use the new Denton,TX 76208 money from a growing tax base to fund infrastructure and pay as we go? Many in United States government leadership are constantly beating the drum for property tax reduction, but it seems that between the school, county, and city...$4 billion in debt is a very heavy load for the taxpayers in Denton. Is it not wise for us to, at some point, pull back on the reins and pay down this load. If we can't pay for it in a time of near record growth, how could we possibly hope to pay for it if our tax base were to begin to decline?Trying to out earn our stupidity seems like a foolish plan. New schools, parks and new community needs like fire/police stations should be paid for with large contributions from developers who are getting paid in large sums to expand our city.As a taxpayer, it will take one amazing sales pitch to get me to vote for a city bond right now. I encourage the city to strongly consider a pay-go plan and seek funding from sources such as development taxes, not giving up large abatement to new businesses, and sales taxes dedicated to infrastructure. 7/10/19 Kenneth Evans 1317 Linden Hello, a traffic study conducted in May 2019 found that there were "17 vehicles Denton 76201 traveling between 50-65 mph in the 7 days of the study" around the intersection of United States Linden and Bryan. Linden east of Malone is an active area for young people walking to Newton Rayzor elementary and older children walking through to the High School or Calhoun on Congress. Older people also often walk their dogs, and at least one family walks their dog with their disabled child.The speeds are unsafe. We need speed measures for this area --and throughout Denton residential zones- -to calm and slow traffic. Widening streets only encourages speeding, which can be deadly. Please consider investing in sidewalks, in rumble-strips or emergency vehicle accessible speedbumps, and better painting and signage. Whatever we can do to slow traffic might go toward increasing alternative mobility measures as well (biking, walking, scootering), which all goes toward a healthier and more desirable life in the city. We have to slow Denton down.Thank you. 7/10/19 John Davis 8016 Woodcreek Circle 1. It is premature to select street capacity construction projects for a bond program Argyle,TX 76226 when the city is conducting an update of its Mobility Plan, which is supposed to United States guide the city in constructing new capacity projects.The update of the Mobility Plan 16 is in process, with completion scheduled for Feb. 2020. So, an election on a bond program for new street capacity projects should be delayed until Nov. 2020, after the update provides the best updated data for selection of projects.Additionally, a delay to Nov, 2020 would ensure the best voter turn-out for the election. 2. The routing for the westerly extension of Hickory Creek Rd. Shown in the proposed bond program Is not the best routing available. The routing should take Hickory Creek westerly from Riverpass Dr. across the railroad tracks and then northwesterly through the flood prone farmland to the intersection of US-377 and Vintage Blvd. Vintage Blvd. was planned, budgeted and designed to be a 6-lane divided section roadway between 1-35W and US-377 as part of the Bonnie Brave project. Additionally there is already an interstate interchange at 1-35W and Vintage. This routing would also connect to TxDOT's planned Loop 288 West that is planned to terminate at 1-35W and Vintage. The expense of this routing would be lessened by the shorter distance and the less expensive flood prone farmland, which would offset the additional cost of construction across a flood plain and avoid the significant expense of taking and damaging homes along Brush Creek Rd. Ryan Rd. Could be extended west of FM-1830 to this new routing of Hickory Creek to provide additional network connectivity for the southern east-west movements. 3. The proposed bond program indicates Hickory Creek Rd. Is currently operating at LOS D or worse.This LOS must be for the section of Hickory Creek east of Riverpass, which is already under contract to be reconstructed to 4-lanes. the section of Hickory Creek west of Riverpass operates at LOS A or B, except for the intersection at FM-1839, which could be resolved with an intersection improvement. 4. I'm not sure why Hickory Creek between Riverpass and Teasley Lane is being constructed now as a 4-lane section if the ultimate plan is to construct it as a 6-lane section in the near future. 2. Based on data from the 2015 Mobility Plan, Hobson Lane is more congested (currently carries more traffic and is projected to carry more traffic than Ryan Rd. Or Hickory Creek Rd. Why is Hobson Lane not proposed for improveents (to 4-lanes) in the 209 Bond Program? 7/10/19 John Davis 8016 Woodcreek Circle I think the proposed route for the Hickory Creek Rd. Extension is flawed. Argyle,TX 76226 United States Was a routing for the westerly extension of Hickory Creek Rd.,from an overpass over the railroad west of Riverpass Northwesterly across the flood prone farmland to th US-377 and Vintage Blvd., examined as an alternate route to that proposed? 7/10/19 John Davis 8016 Woodcreek Circle Further to my comments to you at your June 11, 2019 meeting regarding the Argyle,TX 76226 Proposed Hickory Creek Rd. Extension Project, attached is a rough sketch of an 17 United States alternate routing for the extension of Hickory Creek Rd. to US-377 and Vintage Blvd., which would also connect it to 1-35W and the planned Loop 288 West. I believe this route is superior due to it: 1. Using an existing, in process 4-lane connection to an existing interchange for I-35W. 2. Providing better connectivity for an east-west route with connections to I- 35W and the planned Loop 288 West. 3. Being shorter by approx. 1.5 mi. and lower cost R/W,which would off-set the additional cost (or a major portion) of construction within the flood plain and provide additional funding for the ultimate 6-laning of Vintage (I- 35W to US-377) (currently planned for 4-lanes due to funding availability). 4. Allowing for an extension and connection to Ryan Rd.,which currently "goes nowhere" on both ends. 5. Avoiding impact to existing homes along the route. I have reviewed the planned layout of the Hunter and Cole Ranch developments (please see second attachment) and do not see any real benefit to them or traffic from the east(Teasley Lane Area) of a connection between their development and Hickory Creek Rd.Traffic going from the developments to Denton or to 1-35E would simply travel north along 1-35W; while traffic to Fort Worth, Dallas, Southlake, Highland Park, Flower Mound, etc. would travel south on 1-35W to a convenient connection (FM 407,which is scheduled to be 4 or 6-laned between 1-35W and US- 377, or FM 1171 or SR 114). My vehicle navigation systems advise me if I wish to travel to 1-35E from my home on Woodcreek Circle, I should travel north along US- 377 to 1-35E and then south (not through the route of Hickory Creek Rd.,Teasley and Swisher to 1-35E). It also appears, if the City, County and TxDOT were to build the Allred Rd. connection between 1-35W and US-377,they may be constructing a large portion of a roadway the two developments are supposed to construct. As I mentioned at your meeting of Jun. 11, 2019, 1 believe waiting for at least completion of the Mobility Plan Traffic Model Update (currently in process and scheduled for completion in April 2020)would be the best option for identifying priority projects to include in a Bond Program. In lieu of that,the current 2015 Mobility Plan should be used to identify priority projects. For example, Hobson Lane has a 2035 projected traffic of 20,000+to 26,000+Average Daily Traffic (ADT), compared to Hickory Creek Rd. (with connection to FM 1830) of 8,000 to 22,000 ADT;to Bonnie Brae (University to Loop 288) of 12,000 to 13,500 ADT; and to Robinson Rd. (Teasley to FM 2499) of 4,100+to 4,500+ADT. Hobson Lane has a 2035 projected traffic count higher than Hickory Creek Rd., Bonnie Brae St., and 18 Robinson Rd., but it is not included in the Proposed Bond Program. I believe Hobson Lane should be added to the Proposed Bond Program. Thank you for your attention to this very important matter to my neighbors and me! If you have any questions about these thoughts and comments, please let me know. 7/23/19 Betty Killion 321 Sky Meadow Lane I highly recommend the expansion of Robison from 2499 to Teasley and the Denton,TX 76210 expansion of Hickory Creek Road. I drive these roads frequently and there is a lot of United States traffic that flows through these roads 7/23/19 Gaye Swenn 1110 Buena Vista Drive I back up to hickory creek road across from McNair elementary. Please do not go Denton,Texas 76210 larger than 4 lanes. If you do,l will lose half my yard that I have developed and United States landscaped since 1997 when I moved here.All the money and time I have spent all these years making a beautiful back yard will have been wasted.. my oasis will be ruined!! Not to mention a 46,000 pound cellar that would have to be moved! Also, it does not make sense to widen it until all of it can be widened at one time to country club road as it will be more dangerous than ever-thank you. 7/24/19 Connor Neff 3117 Spenrock Ct With all the neighborhoods being built and zoned to be built in south denton the Denton,TX 76210 hickory creek road from 2499 to 35w and ryan road from 2499 to country club United States should be top priority.These roads get very congested and un safe and will continue to become worse with the neighborhoods being built.The small 2 lane rural roads were not designed to accommodate this many people we need to play catch up there are to many houses being built and planned to be built in the next 5 years not to address the issue.Txdot has plans to widen country club so the city should follow with plans to widen connecting roads. Is ryan and hickory creek road and top priority for the city? 7/30/19 James Attaya 2906 Brookhollow Dr. Oakland St. should be completely rebuilt from where it intersects Locust St. on the Denton,TX 76207 south end all the way to where it intersects Locust St. on the north end. Oakland St. United States is one of only two gateway streets that leads to Texas Woman's University and it has been in poor condition for years and years.The city will come in and patch a few potholes and the potholes will be back in a month or less.The construction of the parking garage and the renovation of Hubbard Hall on Oakland St. has lead to even more deterioration because of heavy truck traffic. Prospective students, parents, dignitaries,visiting professors, and other guests have to travel this Street all the time. It is not very welcoming and puts the university and the city in a bad light.The city should rebuild it in all concrete. 7/31/19 Margaret Campbell 1800 Wickwood Ct I Strongly Disagree with widening Brush Creek Road! Why not widen 407???? Argyle,TX 76226 Widening Brush Creek will lower property values in Hills of Argyle.These houses are United States on at least one acre lots. Why would you want to lower their value?You already 19 seem to be working on Hickory Creek Road????You just spent funds to put up a 0 much needed guardrail. /0/01/1 Ben Claybour 2010 Mistywood Make existing drainage ditches into hike/bike trails as Councilman Metzler has Denton ,Texas 76209 suggested! United States 08/04/19 Ray Price 3315 Sunnydale Please do not raise taxes that would be horri v la and costs me moremoney. No Denton,Texas 76209 New Taxed Please. United States 20 Date: September 21, 2018 Report No. 2018-130 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Overview of recent efforts to provide historical context,modify, or remove the confederate soldier memorial located on the Denton County Courthouse square. BACKGROUND: The Confederate memorial located on the south side of the Denton County Courthouse lawn was erected in 1918 by the Daughters of the Confederacy in memory of the Denton County Confederate soldiers who lost their lives during the Civil War. The memorial was dedicated on June 3, 1918. The monument is located on Denton County property and falls under the jurisdiction of the Denton County Commission. Due to the statue's location, it is protected under the Denton County Courthouse's designation as a Texas Historical Landmark (designated in 1970) and a State Antiquities Landmark (designated in 1981). Because of these designations, any alterations to the site must be reviewed and approved by the Texas Historical Commission. To help add historical context to the memorial, Denton County added a plaque in 2010 that reads, "The monument stands as a reminder of historic events and is intended as a memorial to Denton County citizens who sacrificed themselves for the community. Now, let this be a testimony that God created all men equal with certain inalienable rights. We are all one, citizens of Denton County." DENTON COUNTY CONFEDERATE MEMORIAL ADVISORY COMMITTEE: In response to requests from the public and following events that occurred in Charlottesville, VA in August of 2017, the Denton County Commission established the Denton County Confederate Memorial Advisory Committee in November 2017. The mission of this committee was to: • Appropriately preserve the Confederate Soldier Memorial as a historic artifact, • Ensure that the recommendations from the Committee regarding preservation of the Memorial do not violate or conflict with the guidelines established by the Texas Historical Commission, the National Parks Service, and the American Alliance of Museums; and • Follow state and local preservation laws and best practices for any recommendations. The 15 member advisory committee included a diverse group of representatives from across Denton County(listed with their city of residence): • City of Aubrey: Roni Cade • City of Denton: John Baines (Committee Chairman), Mike Cochran, Kay Copeland, Judy Flowers, Willie Hudspeth, Zenobia Hutton, Paul Meltzer, Alfred Sanchez, Howard Watt • Town of Flower Mound: Mark Bowlin, Donna Hernandez • City of Frisco: Fred Rogers • City of Lewisville: Roni Cade • City of Plano: Tim Trylovich 21 Date: September 21, 2018 Report No. 2018-130 The committee met 14 times between November 2017 and February 2018. Final committee recommendations were made on February 1, 2018, with a 15-0 recommendation that included: • Keep the monument where it is currently located; • Add two outdoor video kiosks to display information that gives specific additional context to honor all veterans from Denton County by name,talks about the race relations that have occurred in Denton, and to "tell the good things that are going on in Denton;" and • Add a large plaque "with a strongly worded statement decrying slavery and the things associated with slavery"under the arch. County Commissioners unanimously approved the plan at their February 6,2018,meeting. County staff is currently developing a plan to implement the Committee's recommendations. Staff will provide updates as additional information is received from the County. STAFF CONTACT: Stuart Birdseye Management Analyst Stuart.Birdseyegcityofdenton.com (940) 349-8009 22 Date: December 21,2018 Report No. 2018-192 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Provide background information about the recent resolution passed by the City of Dallas to adopt the Welcoming Dallas Strategic Plan. BACKGROUND: Council Member Armintor requested information regarding a recent resolution passed by the City of Dallas on October 24, 2018 that establishes Dallas as a Welcoming City and formally adopts the Welcoming Dallas Strategic Plan (Attachment 1). Dallas is currently pursuing a"Welcoming City"certification designated by Welcoming America, a national certifying non-profit organization. There are currently three certified Welcoming Cities nationwide: • Dayton, Ohio • Louisville, Kentucky • Salt Lake City, Utah The Dallas Office of Welcoming Communities and Immigrant Affairs was established in March 2017 to promote the successful inclusion of immigrants into the social and economic culture of the Dallas community. To support this effort,Dallas budgeted$428,845 in the first year(FY 2017- 18), increased the budget to $623,124 this year (FY 2018-19), and currently projects a budget of $635,827 for FY 2019-20. The office includes full-time employees to execute the operation of the office. Through this office, a Welcoming Plan Task Force, consisting of 85 community members including immigrants and refugees, was created to develop the Welcoming Dallas Strategic Plan. The office appointed community leaders across a wide spectrum of backgrounds to the taskforce. The 44-page "Welcoming Plan" includes data and performance targets through the year 2021 for civic, economic, linguistic, and social integration and inclusion for immigrants and refugees residing in Dallas. The plan was written by the City of Dallas' Office of Welcoming Communities with research and technical assistance provided through the New American Economy and Welcoming America organizations. The Welcoming Plan outlines five overarching goals and 26 recommended strategies to achieve those goals. Plan goals include: • Leadership and Communications: Local government is committed to being inclusive and welcoming, and plays a central role in building local capacity while advancing inclusion of diverse communities within its own agencies and bodies. • Safe, Healthy, and Connected Communities: Welcoming communities build relationships among diverse communities,including newcomers and longer-term residents. 23 Date: December 21,2018 Report No. 2018-192 They also foster trust and build relationships between diverse communities and local law enforcement and safety agencies. • Equitable Access: Welcoming communities reduce barriers to services and participation so that opportunities in the community are available to all residents. • Civic Engagement: Welcoming communities actively ensure that diverse populations fully participate in civic life, including increasing access to leadership, citizenship and community participation. • Economic Opportunity and Education: Welcoming communities harness the full potential of all their residents. Everyone has the skills and assets to thrive, and economic development systems are prepared to leverage new and existing talent. Welcoming communities also ensure everyone has the education needed to succeed in school and the workforce. ATTACHMENTS: 1. Welcoming Dallas Strategic Plan STAFF CONTACT: Stuart Birdseye Management Analyst (940) 349-8009 Stuart.birdseye(a=,cityofdenton.c om 24 VVELCO ING C -..,7 ., * V-.,f. 4*11 ":.11 i DALLA � ij r •_� 1 y PLAN FOR CIVIC, ECONOMIC, LINGUISTIC AND SOCIAL INTEGRATION & INCLUSION 2018-2021 f T� ILA 0 �I leh nM, RAN DALLAS R[OIONAL CMAMI� TOYOTA Dear Friends, Colleagues and Neighbors: As Mayor, I am pleased to support Dallas' efforts to become a welcoming, inclusive city for all its residents, whether they were born in Texas, another state, or a distant country. Our diversity is a true asset. Research shows that immigrants are a major part of our growing economy. They account for more than 40 percent of Dallas' overall population growth since 2011 and contribute to our vitality by starting �1 ,,�0NCORDI and building businesses, investing in neighborhoods, and coaching youth sports, volunteering at schools and expanding our cultural offerings. I applaud the Welcoming Plan Task Force, created by the Dallas Office of Welcoming Communities and Immigrant Affairs, for the thoughtful recommendations it developed to make Dallas more inclusive and supportive of immigrants and refugees. The recommendations in this report will help Dallas integrate new residents from around the world into the social fabric of our city, so that we can benefit from their talents and 16 experiences as soon as possible. -- — - Best Regards, Michael S. Rawlings - Mayor of Dallas ~' 26 u 1 N,. Dear Fellow Dallasites: When I first became Dallas City Manager, I learned quickly that this city is home to a large, diverse, vibrant immigrant population. Today, one in four Dallas residents was born in another country, and 42% of Dallas s households use a primary language other than English. Immigrants comprise one-third of our employed labor force. This significant, and relatively rapid, demographic change brings challenges, but it also brings energy and optimism and entrepreneurism. People want to live and work in Dallas, and that's a good thing. In recognition of the important role that immigrants play in the life of our City, and to underscore Dallas' commitment to inclusivity and diversity, the City of Dallas established the Office of Welcoming Communities and Immigrant Affairs (WCIA) in March 2017. Its role is to promote and advance the economic, civic and social engagement of immigrants and refugees residing in Dallas. I am glad to be working hand-in-hand with t the WCIA team and with individuals throughout Dallas to create a more I I inclusive, resilient and welcoming community for all residents. [snD ( I J We thank you for joining us in our efforts to be a city of Empathy, Ethics, Equity and Excellence and look forward to working with the residents of Dallas and our team at the City to become a nationally certified ed (' I welcoming city. } To longtime residents and to newcomers, I say, welcome to a more welcoming Dallas! r TC Broadnax - City Manager ' ` 27 i � 3 TABLE OF CONTENTS Introduction Immigration in Dallas The Dallas Office of Welcoming Communities and Immigrant Affairs and the Welcoming Plan Task Force Summary of Welcoming Plan Task Force Recommendations The Way Forward Welcoming Plan Recommendations Timeframe Acknowledgements Appendix: New Americans in Dallas i 144 �rVP 3. IqM _ Pam. �1� 1 1.1�r��t - •�` 1 ~_�+ i _ \_ aY ILI A welcoming community is one in which diversity is acknowledged, celebrated and harnessed to improve the social, economic and cultural opportunities of all residents. # Dallas is actively working across sectors to establish a local welcoming framework to integrate and engage immigrants and refugees in every aspect of city life. The City of Dallas is partnering with leaders and representatives of local government, businesses, nonprofit agencies, philanthropic enterprises, academia, service providers, faith-based groups and first responders to build awareness of the economic and social benefits of being a welcoming community, and to develop strategies to realize that goal. Nearly one-quarter of Dallas' current residents were born outside of the United States. Between the years 2011 and 2016 Dallas' foreign-born residents accounted for 40 percent of Dallas' population growth. The integration of foreign-born residents is 1 critical to the social, cultural and economic Y , future of Dallas. t But newcomers cannot integrate into communities by themselves. Integration requires a partnership. Immigrants must �y ram- do their part - learn English, navigate the 10 i + job market, understand and follow the law �. - and the receiving community must offer -' �� 'd.• inclusion, hospitality and hope. The idea is ' simply that Dallas residents, from natives to newcomers, must work together to •� nurture and sustain a vibrant city that offers + rich cultural, educational and economic c opportunities to all. The purpose of this document is to recommend a series of goals TT»» and strategies that will help Dallas achieve that vision. �` 1 Half of Texas' total population growth between 2010 and 2016 can be attributed to migration. Net domestic migration represented approximately 32 percent of the total increase, and net international migration accounted for 19 percent. Almost one in five (19.6 percent) of - - those immigrants to Texas live in Dallas. WHERE IMMIGRANTS LIVE IN TEXAS Texas Cities Percentage Houston 32.5 Fort Worth/Arlington 7.4 Austin/Round Rock 6.3 76% 24% San Antonio 6.2 Native Count Foreign Born McAllen/Edinburg/Mission 5.4 El Paso 5.0 Other 17.4 Between 2011 and 2016, the population in the City of Dallas grew 4.2 percent, with the foreign-born population accounting for 40 percent of that total growth. As of 2016, approximately 318,000 of Dallas' 1.3 million residents were immigrants. Until 2017, Dallas was a major refugee resettlement location, with close to 2,500 refugees arriving to Dallas annually. The largest percentage of foreign-born residents are from Latin America, and most of those entered the country prior to 2000. The most common countries of origin are Mexico, followed by El Salvador, Honduras, India and Ethiopia. More than 70 languages are spoken within the Dallas Independent School District. IMMIGRATI ON . IN D A4 32 A recent study by New American Economy revealed immigrants' • Immigrant households in Dallas earned $7.9 billion in 2016. tremendous economic contributions to Dallas and the region: • Foreign-born households contributed $1.9 billion in federal taxes and $591.1 million in state and local taxes. Between 2011 and_ • Foreign-born workers contributed $847.7 million to Social Security population in the city and $218.9 million to Medicare. • Immigrants make up about one-third of Dallas' employed labor 24% • . force and 24 percent of its science, technology, engineering and population math workers. increased • • • Immigrants are overrepresented among the city's entrepreneurs; they are 24 percent of the population and one-third of its Totalpopulation entrepreneurs. • The 20,405 immigrants who own their own business generated Immigrant share of 4.2% $495.9 million in business income. the population, 201 • Immigrant population • Immigrants helped to create or preserve 14,617 local manufacturing jobs in 2016. • The population eligible for the Deferred Action for Childhood Arrivals (DACA) program held nearly $700 million in spending power. Number of immigrants In 2016, the 63,396 DACA-eligible immigrants in the Dallas area— livingin Dallas in 2016: 3173756 - of whom 93.4 percent were employed — paid $89 million in federal taxes and $72 million in state and local taxes. • International students, including many from China, India and Top - countries Burma, supported 1,962 local jobs and spent $150.3 million in the of origin for immigrants 2016-2017 academic year. Other living in the countries of origin 25.5% Salvador ••• In recognition of the important presence of immigrants and refugees Mexico2 El in Dallas, and upon recommendation of the 2016 Mayor's Task Force Honduras . . . . . . .2. •• VP 61.8% on Poverty, the City of Dallas established the Office of Welcoming •• Communities and Immigrant Affairs ("Dallas WCIA") in March 2017. It aims to promote the civic, social and economic engagement of Ethiopia immigrants in Dallas and to build bridges between Dallas' diverse immigrant communities and long-term residents. The director of Dallas WCIA reports directly to the Dallas City Manager. 33 Immigration in Dallas 9 NATIONAL PARTNERSHIPS The City of Dallas WCIA office has searched for, and found, resources r to help develop its capacity to fully integrate immigrants. It became a member of Welcoming America, a national organization leading the movement to create more immigrant-inclusive communities. WCIA has received technical assistance through its membership in Welcoming America, and collaborated with Cities for Action, the New Americans Partnership and the Cities for Citizenship Campaign. As a result of active participation in these networks, and its work with local leaders across a broad spectrum of business, faith-based, civic, social service and academic organizations, Dallas earned a Gateways for Growth Challenge award from New American Economy and Welcoming America. The award included original research that resulted in a recent report, New Americans in Dallas, which appears in Appendix A. r IMMIGRANTS ACCOUNT FOR NEARLY ONE THIRD OF THE CITY'S ENTREPRENEURS. THE 209405 IMMIGRANTS WHO OWN BUSINESS GENERATED $495.9 MILLION IN BUSINESS INCOME. THE DA AS FF CE OF ICOMMUNITY ENGAGEMENT IN DALLAS WELCOMIN& While these national partnerships offer ideas, encouragement and ,) technical assistance, the actual work of integration takes place within OMMUNITIES AI communities and neighborhoods and schools. From March 2017 to June 2018, Dallas WCIA has participated in 343 community events, meetings, fairs, panel discussions and other activities, reaching IMMIGRANT AFFAIRS approximately 23,030 attendees. Dallas WCIA staff also has sought insights from community leaders who regularly welcome and work with immigrants and refugees. An initial survey with faith-based, legal, AND WELCOMING and other service providers and educators detailed the barriers facing THE immigrants and what Dallas can do to help improve the quality of life for immigrant residents. PLAN TASK FORCE 34 PRELIMINARY SURVEY RESULTS BIGGEST BARRIERS TOP 5 GREATEST NEEDS WHAT CAN DALLAS . . 1Fear of immigration enforcementKnowledge of rights andCommunity outreach between law preparedness information enforcement & government Lack of English language skills Access to civil immigration 2Celebrate contributions of 3Poverty/Lack of resources legal services immigrants & refugees 4Transportation Access to and utilization of3Promote & provide available services & benefits U.S. Citizenship instruction Affordable housing 4ESL, Literacy and CitizenshipSupport instruction include immigrants Promotion of U.S. Citizenship Break down socialeconomic barriers After that initial outreach, Dallas WCIA formed a Welcoming Plan • Fear of going about daily activities due to heightened federal Task Force to develop formal recommendations to integrate immigration enforcement policies immigrants fully into city life. The Dallas WCIA Welcoming Plan Task . Language barriers Force includes 85 members from a wide variety of backgrounds and professions, many of whom had not met previously. Tailoring efforts to • Lack of acceptable identification the Dallas community, the task force sub-divided into five committees . Difficulty in understanding "paperwork" such as leases, that address the issue areas required for Welcoming America's contracts, bills national certification as a welcoming community: Civic Engagement; Economic and Educational Opportunity; Safe, Healthy and Connected • Lack of awareness of or access to information about topics such as Communities; Leadership and Communications; and Equitable Access. starting a business, organizing a neighborhood group, etc The full task force met monthly beginning in December 2017 to learn - Lack of knowledge of legal rights about issues impacting the Dallas immigrant and refugee communities, • Lack of civics knowledge; awareness about engagement with city city policy initiatives, existing city services and barriers to equitable leaders access and participation. Task Force members engaged with Dallas residents through listening sessions, site visits and informational From this community-driven process, task force members developed interviews. These listening sessions revealed the following barriers that a set of detailed recommendations, summarized below and explained prevent immigrants in Dallas from fully integrating into the community: fully at the end of this report, to encourage equitable access to city and educational services and full integration into civic and social life. 35 The Dallas Office of Welcoming Communities and Immigrant Affairs and the Welcoming Plan Task Force 111 cc co Hetene :� iBiala �. co Kaabo zVelkomin� nobroaosl�xi �., � GosciRecoger Bienve"ni Bonvenon • Selamat Datang � Swagata Velkommenienvenue � Ongietorri �� Y0kOS0 Swaagat 6 .4 Failte� � Tervetuloa Siyakwamukela � e c o III e .� Sugeng Rawuh�Ao6pe ,�oWbn ` w 3;�XVItejte HerzlichWillkommen c � �Welkom � i , . �'� � a Benvingut � Hwangyong Hamn�da WoezormDObY@dOJd@ Bonavinuta 'Maligayang Pagdating � 3 cm Uvitani a, w E SUMMARY OF WELCOMING PLAN TASK FORCE RECOMMENDATIONS LEADERSHIP AND COMMUNICATIONS SAFE, HEALTHY,AND CONNECTED EQUITABLE ACCESS GOAL COMMUNITIES GOAL Local government is committed to being Welcoming communities reduce barriers inclusive and welcoming, and plays a central GOAL to services and participation so that role in building local capacity while advancing Welcoming communities build relationships opportunities in the community are available inclusion of diverse communities within its among diverse communities, including to all residents. own agencies and bodies. newcomers and longer-term residents. They also foster trust and build relationships RECOMMENDATIONS RECOMMENDATIONS between diverse communities and local law enforcement and safety agencies 1. Develop and utilize data-driven . 1. Develop community awareness about the approaches to conduct equity analyses economic, social and cultural contributions for decision-making processes and ensure immigrants make, and the benefits Dallas RECOMMENDATIONS implementation of inclusive policies for derives from being an inclusive community. 1. Provide training about diverse populations Dallas residents in coordination with other and establish ongoing dialogue with first relevant offices. 2. Develop and maintain a comprehensive responders and public safety officials directory/database of services and to foster trusting relationships between 2. Implement and oversee a City language resources for immigrants and refugees. immigrants and law enforcement. access plan, including access to safety 2. Educate immigrants about their rights services/alerts and staff training. 3. Create partnerships with local, state and g g is federal agencies, the business community and responsibilities and raise awareness 3. Su and philanthropic entities to address through on-going education throughout the Support efforts by the City c simplify and community of sensitive locations pursuant increase access to city services for changing needs related to evolving y p all residents of Dallas by implementing a immigration policy. to federal policy guidance. multi-use city identification card. 4. Enhance understanding and trust between 3. Improve health care accessibility and 4. Work in partnership to improve housing long-term residents of Dallas and immigrant understand and address needs of accessibility and work to prevent housing communities. immigrants and refugees. discrimination. 4. Convene a coalition of mental health care 5. Work in partnership to foster partnership experts to coordinate and address services programs to achieve equitable access to provided in the City of Dallas. health care. 5. Partner with philanthropy to provide civil 6. In partnership with mobility solutions immigration services and rights information experts, work to improve transportation programs. accessibility in Dallas. 6. Bring diverse groups together to celebrate and foster cultural, artistic and recreational interaction between Dallas' long-term and newer residents. 37 The Welcoming Plan Task Force Summary of Recommendations 1 13 CIVIC ENGAGEMENT ECONOMIC OPPORTUNITY AND EDUCATION GOAL Welcoming communities actively ensure that GOAL diverse populations fully participate in civic Welcoming communities harness the full life, including increasing access to leadership, potential of all their residents. Everyone has citizenship and community participation. the skills and assets to thrive, and economic development systems are prepared to RECOMMENDATIONS leverage new and existing talent. Welcoming 1. Increase the number of Dallas immigrants communities also ensure everyone has the who become naturalized U.S. citizens. education needed to succeed in school and the workforce. 2. Increase knowledge of how local government works and how to access RECOMMENDATIONS services for immigrant communities in 1. Establish welcoming hubs as community Dallas. gathering and educational centers 3. Enhance levels of civic participation and for immigrants to access information, leadership among immigrants in Dallas. resources and opportunities. 4. Promote participation in the 2020 Census 2. In partnership, bring to-scale workforce systems that increase skill development to ensure maximum participation. and career pathways to improve immigrant S. Promote voter education and registration integration in the economy. among new citizens. 3. Remove barriers to immigrant families to ensure full access in all educational 6. Raise awareness in immigrant communities opportunities that exist in the City of of the unauthorized practice of Dallas and promote learning at all levels. immigration law and other predatory practices impacting immigrant consumers. 4. Participate in partnership opportunities to support the financial literacy needs of immigrants. 38 14 1 The Welcoming Plan Task Force Summary of Recommendations v lot 1 Aop- y OTc IL � y m Re �eo � oNF I G dy. . * ' Z • Alp 1 lop • Jr i 1-f.. If -� ti 1., 1► Air F W.AK' THE WAY OR D ' ' ' < IN I -, N `t. 1'\ Moving forward, Dallas is striving to become a certified •� "Welcoming City" by the national certifying non-profit Z. organization, Welcoming America. There are currently ' ffi! three certified cities in the nation (Dayton, Louisville, and Salt Lake City) and Dallas WCIA is working diligently to elk become the next. r . While national immigration policy focuses on interdiction and deportation, communities like Dallas are working to AW � demonstrate the longtime American ideal of welcoming immigrants. For decades, people around the world have revered the United States for its hospitality and its opportunities. Dallas will continue to honor that tradition. This city has many compatriots in this effort: according ` to Welcoming America, one in eight Americans lives in places considered to be welcoming communities, places ,; I that actively seek to include and engage their foreign-born ` residents. Full integration does not happen without effort, from both the receiving population and the newcomers. It takes work and good will. We can find common ground • by sharing our arrival stories — most Americans have • one — of grandparents who fled pogroms in Russia, , an ancestor forced onto a slave ship, a parent who crossed the Rio Grande with a goal of finding work. We find hope by reaching out, acknowledging our shared humanity, learning about our different customs and cultures, and realizing we all want to live in a safe, vibrant, compassionate city where children grow up in peace and families prosper. No matter where we came from, we are all neighbors now. E Pluribus Unum. FjGjj7 Oft And we know that when one person moves forward in to IGHOT Dallas, we all move forward. Cuando uno de nosotros sigue Jk KEAP adelante en Dallas, todos seguimos adelante. - AEA • �, .. .!�of '�i° • " �w AA jjiv JL 14 • ' ' ' ..• - The Welcoming Standard, as developed by the Welcoming America organization, '' 'Y� 4 `• provides a comprehensive guide for building ' 2 more cohesive and equitable communities and fostering connections between newer immigrants and long-time residents. It also sets benchmarks for accountability and Iai'. y innovation so that city efforts can be scaled : '• .`' and measured in relation to established priorities that include: Public Safety a,;,• a Mobility Solutions, Infrastructure �fr and Sustainability / �•y _ 1/ Human and Social Needs Quality of Life Government Performance and r Financial Management The Welcoming Standard includes strategies � (+1411116' g � for sustaining a welcoming plan, such as: • Engaging longer-term residents f t f • Setting goals, monitoring impact and adjusting strategies as needed • Designing for equity and inclusion. • Implementing in partnership The Dallas Welcoming Communities Task Force produced the following recommendations and strategies for implementing a Welcoming Plan in the City of Dallas. � -R M LEADERSHIP AND COMMUNICATIONS Create partnerships with local, state and federal agencies, private sector and philanthropic organizations to address Commitment on behalf of city leaders to being inclusive and changing needs related to evolving immigration policy welcoming by advancing local capacity building efforts while advancing inclusion of the diverse community within the City. STRATEGIES RECOMMENDATIONS • Brief City Council members and commission members on demographics and local immigrant and refugee issues and serve as a resource when elected Develop a community awareness campaign about the officials need information. economic, social and cultural contributions immigrants make, and the benefits Dallas will derive from being an • Build relationships with other partners, including city staff and other public inclusive community agency officials, such as Dallas and Richardson ISD, Parkland Health & Hospital System leaders, Dallas County, etc. STRATEGIES • Hold listening sessions and focus groups with immigrants and refugees to • Develop opportunities to work with business associations or chambers of understand the challenges and benefits of living in Dallas. commerce, professional societies, etc. • Enlist partners, including the business and philanthropic sectors, to launch • Engage with other citywide, grass-roots organizations to discuss the a community awareness campaign, #Welcoming Dallas and #BeGolden, to benefits of becoming a welcoming city and fully integrating newcomers. emphasize the ways immigrants and refugees enrich our city and contribute to the local economy. Enhance understanding and trust between long-term residents of Dallas and immigrant communities by • Identify key messages for different audience segments and the most creating shared experiences effective media channel for reaching those audience segments. • Enlist influential leaders in the receiving community (business and civic STRATEGIES leaders, etc.)to serve as spokesmen and women who can explain the • Hold annual Thanksgiving dinners to bring newcomers and long-term benefits of being a welcoming community. residents together to celebrate a cherished American tradition. • Actively seek out or create opportunities for media coverage of immigrant- . Coordinate volunteer opportunities for diverse communities to collaborate related stories, such as holding naturalization ceremonies at City Hall, etc. and work together. • Promote welcoming and inclusive culture via public proclamation or resolution. . Sponsor community gardens in partnerships, use transit systems to explore the city, hold cultural celebrations, art exhibits and engage in community Develop a Directory/Database of Services and Resources clean-up, soccer tournaments, Ciclovia and other activities that allow for Immigrants and Refugees as a welcoming guide that groups to become more familiar with diversity beyond their immediate helps newcomers more easily access services and resources neighborhoods, place of worship, and workspace. • Participate in recreational events in Dallas for families to gather on multiple weekends throughout the year and use as an opportunity to raise awareness STRATEGIES about community and family services. • Survey the landscape to learn what already exists. • Work in partnership to welcome international guests to Dallas with protocol • Identify immigrant and refugee leaders, including youth leaders, to serve office. as community ambassadors to help identify needs and provide resource information. PARTNERS • Find a "home" or administrator for the directory, so that it is regularly Business and philanthropic sectors, Dallas residents, Dallas media outlets, updated and reviewed for accuracy, etc. elected officials, service providers, local, state and federal officials. 43 Welcoming Plan Recommendations 119 EQUITABLE ACCESS Implement and oversee a City language access plan to remove linguistic barriers to participating in Dallas Welcoming Dallas reduces or eliminates the barriers to accessing life and community engagement, while providing staff services, programs and activities, so that the opportunities of the training community are available to all residents. STRATEGIES RECOMMENDATIONS • Improve language access to information and services. Develop and utilize data-driven approaches to conduct • Ensure language access across city departments with the goal of expanding equity analyses for decision-making processes and work equitable access to programs, services, and activities. to ensure implementation of inclusive policies for Dallas residents in coordination with other relevant offices • Undertake an assessment of the language needs of the community with the goal of providing access to (i) important information including safety, emergency, and alert services; (ii) housing, transportation and health STRATEGIES information and services; (iii) all City services; (iv) legal and non-profit • Review city policies concerning government leadership, equitable access, resources; (iv) educational and work force training opportunities. Implement civic engagement, cultural inclusion, education, economic development, and operationalize a language policy that meets the needs identified. neighborhood development, and public safety for implicit bias and ensure equitable consideration of immigrant residents and visitors. • Publicize and market the policy in a way that emphasizes the diversity and inclusiveness of our community. Upgrade, enhance, and publicize existing • Undertake a systematic review of local laws, codes, policies, and services such as 311, 211texas.org, northtexasfamilies.org, helpfinders.org. practices to determine whether such policies (i) exclude or disenfranchise immigrants; or (ii) exclude residents based on facets of the identity, • Create partnerships with others who can assist in translation and resources. including gender, race, ability, age, religion or sexual orientation. • Revise any policies found to run counter to ((i)-(ii)) above. Support effort by the City to simplify and increase • Implement a process to regularly review and improve local policies to access to city services for all residents of Dallas strengthen immigrant inclusion. by implementing a multi-use city identification card STRATEGIES • Conduct an assessment of the ways a multi-use City ID would improve the quality of life for Dallas residents. • Determine the financial costs and other feasibility issues in developing a multi-use City ID card. Seek wide community support for a multi-use City ID card. • Provide funding and the authority to administer a multi-use City ID program to be accepted by the City for enumerated city services. c 44 20 1 Welcoming Plan Recommendations Improve access to Housing in partnership with Improve mobility and transportation options for all Dallas community-based organizations, Dallas Fair Housing, residents and include immigrants in the inclusion process; Texas Fair Housing Authority this would be done in partnership with Dallas Office of Transportation, DART, corporate philanthropy, and community organizations STRATEGIES • Ensure that the comprehensive housing plan includes the integration of STRATEGIES immigrants and other diverse populations into all neighborhoods • Expand services and a seek a reduction in fare prices to provide supportive of Dallas. public transportation to all low-income residents of Dallas. • Dedicate a portion of affordable housing development requirements for the • Better utilize existing city and community resources in addressing unsubsidized population and require developers to incorporate unsubsidized transportation needs. low-income housing into all financing plans. • Promote the value of working with immigrants in providing PARTNERS low-income housing; remove barriers to renting apartments. Service providers, City of Dallas departments, philanthropic sectors, • Support tenant efforts to hold owners accountable for substandard Dallas residents, elected officials, public transit authorities, public properties and assist in disseminating discrimination policies and access to housing authorities, real estate associations, tenant associations, legal remedies. service providers, local, state and federal officials. In partnership, actively work to foster partnership programs to achieve equitable access to health care STRATEGIES • Host dialogues on how to address fear and toxic stress that are impacting daily life and well-being of Dallas families. 7 • Establish a network of accessible community-based primary care clinics, in � -- under-serviced areas and areas with high immigrant concentrations. • Advocate for language access services during medical and behavioral health visits. • ZP J r 45 Welcoming Plan Recommendations 121 SAFE HEALTHY AND Educate communities about their rights and responsibilities as well as federally designated CONNECTED COMMUNITIES sensitive locations Welcoming Dallas builds relationships among diverse communities, including newcomers and longer-term residents. STRATEGIES It also fosters trust and builds relationships between diverse • Map the sensitive locations and resource materials that explain the meaning communities and local law enforcement and safety agencies. of being a sensitive location for community distribution. • In partnership, convene classes about legal rights and responsibilities. RECOMMENDATIONS Implement and Increase access to justice PARTNERS for immigrants and refugees First responders, public safety officials, service providers, City of Dallas departments, philanthropic sectors, Dallas residents, elected officials, service providers, local, state and federal officials. STRATEGIES • Create an informational clearinghouse for information and access to legal and non-profit assistance and engagement with the law enforcement community. • Overcome language barriers in the court system and the prosecutor's office. _ • Create public/private partnerships to provide civil immigration legal services for indigent respondents. - in _. r� r Facilitate and strengthen relationships between public - safety departments and Dallas immigrant communities through a "Safe Connections RoundTable" series while providing training on interacting with diverse populations L. STRATEGIES • Monthly meetings between the DPD, DFD, and Dallas WCIA staff; secure approval and cooperation from DPD Chief and DFD chief. Establish the topics and data to be covered and provided at each meeting. • Establish time and place for the meetings for the calendar year. • Promote education/hold classes on municipal laws, human trafficking, and U visa policy to educate the immigrant community on issues that impact their quality of life in Dallas. Across city departments, Dallas WC/A actively engages in outreach and dialogue to help build bridges within the community and to inform community • Coordinate in partnership Dallas Resident Police Academies in members about the importance of reporting crime and options that may exist multiple languages. for victims of crime. Community engagement with collaborative partners like the Dallas Police Department Unidos program to alleviate fears and increase 46 the quality life of Dallas residents. 221 Welcoming Plan Recommendations CIVIC ENGAGEMENT • Involve the Mayor of Dallas and Councilmembers in high- profile activities that underscore the importance of U.S. citizenship, such as speaking at Welcoming Dallas actively ensures that diverse populations fully naturalization ceremonies, giving media interviews or participating in PSA. participate in civic life, including increasing access to leadership, citizenship and community participation. • Establish a Community Ambassadors Program to include new citizens to further promote the#MyDallas Citizenship Campaign. RECOMMENDATIONS • Engage with immigrants and refugees in coordinating and promoting Increase the number of Dallas immigrants who become citizenship civics classes and ESL classes naturalized U.S. citizens by hosting bi-annual citizenship workshops with community collaborators Increase Knowledge of Local Government among Immigrant Communities of Dallas STRATEGIES • Coordinate the#MyDallas Citizenship Campaign with key partners throughout the City. STRATEGIES • Conduct free, large-scale naturalization workshops at the Dallas Public Create an Outreach Speakers Bureau of long-term U.S. citizens and public Libraries and other venues on a quarterly or semi-annual basis where a officials (mayor, city manager, city councilmembers, police chief, sheriff, diverse group of volunteers can assist immigrants to apply for naturalization. judges, district attorney, city attorney) to educate new immigrants on major aspects of local government including: city and county roles and jurisdictions; • Establish Citizenship Corners in all Dallas Public Library branches and equip relationship to state and federal government; law enforcement organization Citizenship Corners with wide a range of information helpful to immigrants and roles; courts structure and organization; and many other topics. and refugees. • Promote the free Text4Refugees text messaging platform. • Maintain active membership with national partner organizations also dedicated to promoting U.S. citizenship, such as: New Americans Campaign Collaborate with Dallas Police Department UNIDOS community policing (NAC), Cities 4 Citizenship (C4C), National Partnership for New Americans speakers and expand program to include other cultural leaders and (NPNA) and U.S. Citizenship and the Immigration Services Citizenship Grant languages. Program. • Partner with 311 and other city departments to communicate topical • Partner with businesses to assist lawful permanent resident employees with information about city life. the process of citizenship, using New American Workforce as a model. • Create citizenship loan programs by working with credit unions and lending circles to establish low-interest loans to pay for naturalization application fees. +, w • Encourage release time for City of Dallas employees to participate in WCIA- sponsored events, including City Hall Naturalization Ceremonies; Citizenship _ and DACA application workshops; and other large-scale events. �• � L T I r • Include in City of Dallas' Texas Legislative Agenda a request for state ■ funding for naturalization promotion efforts as exists in numerous other p states with large immigrant populations. - r 47 Welcoming Plan Recommendations 123 Enhance Levels of Civic Participation and Bring together key stakeholders and "influencers" into the 2020 Census Leadership Among Immigrants outreach efforts early to deliver positive messages about the census. Promote Voter Education and Registration STRATEGIES Among New Citizens • Create a City of Dallas New Citizens Leadership Academy, modeled after New American Leaders, as a learning opportunity for new citizens to master skills necessary to: 1. Run for local, state, and/or federal office STRATEGIES 2. Hold community leadership positions • Assist in the coordination of Citizenship Corners at Dallas Public Library 3. Advocate for public policies supportive of immigrant families to ensure they are well-supplied with voter registration and educational • Develop community councils, comprised of a cross section of immigrants and materials. refugees from around the City to gather input and recommendations from . Promote voting through existing mass mailings such as utility bills, and their respective community for presentation to City Council and the Mayor. other local government mailings. • Promote community service opportunities for immigrants and refugees . Coordinate with community organizations dedicated to promoting the through linkages to existing volunteer placement programs, such as right to vote. Corporation for National and Community Service (CNCS), AmeriCorps, VISTA, Senior Corps, Volunteer Now and others. • Participate at voter registration booths at USCIS Naturalization Ceremonies • Encourage immigrants and refugees to volunteer at naturalization workshops. and other public events. • Involve new citizens in voter registration drives in their own immigrant communities. s • Establish a WCIA Volunteer Coordinator position to match immigrants and refugees with nonprofit organizations where they will learn skills to enhance their employability. • In partnership with City protocol office, develop and foster existing relationships with sister cities around the world. w Ow Promote Participation in the 2020 Census to Ensure Maximum Participation I STRATEGIES • Participate in all activities of the Mayor's Complete Count Committee. • Conduct early and widespread outreach to familiarize immigrants and MyDallas Citizenship Application Workshop held at the central library in refugees with the 2020 Census and the importance of it. downtown Dallas. Promotion of citizenship is integral to the work of inclusion. Research shows that individuals, families and the communities where they live • Coordinate efforts with counterpart Immigrant Affairs offices throughout stand to gain through naturalization. Dallas WCIA and its partners are the U.S. to identify effective strategies and best practices for ensuring expanding citizenship efforts in Dallas to simplify the process and improve the participation in the 2020 Census and privacy protections. 48 lives of Dallas residents. 24 1 Welcoming Plan Recommendations Raise Awareness in Immigrant Communities of the Unauthorized Practice of Immigration Law (UPL) and other predatory practices impacting immigrant consumers / STRATEGIES • Maintain constant and repetitive messaging warning immigrants and t refugees about "notaries" and the unauthorized practice of immigration law. `!•— r. I • Regularly update and circulate the Dallas WCIA pamphlet, "Guide to Immigration Legal Service Organizations in North Texas Recognized by the U.S. Department of Justice". • Ensure that Dallas Public Libraries' Citizenship Corners are stocked with materials advising about the unauthorized practice of law and immigration scams. • Build relationship with consumer-related prosecuting entities such as the State Bar Unauthorized Practice of Law Committee, the Texas Attorney General's Office, the Federal Trade Commission and others. DACA is a Prime Example of Integration and Inclusion PARTNERS The Dallas metropolitan area has the third largest number of residents with Deferred Action for Childhood Arrivals (DACA)across the United States. First responders, public safety officials, service providers, City of Given their income, DACA-eligible immigrants contribute significantly to state Dallas departments, philanthropic sectors, educators, Dallas residents, and local taxes, including property, sales and excise taxes. They are highly elected officials, service providers, local, state and federal officials. engaged in community affairs and the employment rate of DACA-eligible living in Dallas in 2016 is 93.4%. As part of the#MyDallas campaign, WCIA plans to expand efforts to include coordinating DACA Renewal clinics with nonprofit and philanthropic partners so that all eligible recipients apply to receive protection from deportation, work authorization, and the ability to continue contributing in the formal economy. 49 Welcoming Plan Recommendations 125 ECONOMICOPPORTUNITY Develop a plan to support current and future immigrant- owned businesses. AND EDUCATION • Conduct outreach on resources for starting business in Dallas and facilitate programs that augment entrepreneurial initiatives in immigrant communities. Welcoming Dallas harnesses the full potential of all residents. . Support efforts to fight wage theft cases for immigrants. Everyone has the skills and assets to thrive, and economic development systems are prepared to leverage new and existing • Develop curriculum in technological skills and competencies in multiple talent. Welcoming Dallas ensures everyone has the education languages. they need to succeed in school and the workforce. • Participate in partnership opportunities to support the financial literacy RECOMMENDATIONS needs of immigrants. In partnership, bring to-scale workforce systems that increase skill development and career pathways to PARTNERS improve immigrant integration in the economy Workforce Solutions of Greater Dallas, DCCCD, Texas Workforce Commission Adult Education and Literacy programs, philanthropy, employers, city and county. STRATEGIES • Help immigrant and refugee service providers augment services and resources tailored to assisting immigrants and refugees in breaking barriers to workforce entry. • Leverage existing resources in Dallas County to improve job training and promote entrepreneurial development. �. • Work in partnerships, to provide credential evaluation to transition qualified immigrants into stable jobs/trades and skill appropriate workforce involvement. • Increase immigrant and refugee involvement across the full spectrum of newcomer services and agencies focusing on economic and educational opportunities. • Leverage partnerships to create opportunities for immigrant and first generation college youth to apply for internships and apprenticeships. - • Conduct asset mapping of economic, educational, and transportation access gaps for immigrant residents. d 04 - a • Work in partnership to promote workforce and skills development. , • Work in partnership with economic development chambers and other mom partners to encourage and provide technical assistance to small and minority-owned businesses to become vendors to bid on City projects. • Promote growth for immigrant and minority businesses and work with EB5 Program to stimulate economic development in opportunity areas. 50 City of Dallas is committed to "service first"philosophy to all its residents. 26 1 Welcoming Plan Recommendations Establish welcoming hubs Remove barriers to immigrant and refugee families to promote learning and ensure full access in all educational opportunities that exist in the City of Dallas STRATEGIES STRATEGIES • Assess welcoming locations to create a human-centered digital platform of • Work in partnership to provide expanded subsidized preschool/daycare and resources. early childhood programs servicing diverse populations. • Create a community space for collaboration/awareness of existing resources • Work in partnership to provide parent workshops about education and among community-based organizations and service providers. college opportunities throughout the City in multiple languages. • Create a network of community organizations by county. • Ensure that English language learning opportunities are available throughout the City in convenient and safe locations. • Develop an online portal for all Dallas residents interested in international affairs, providing calendars of events and useful resource guides. • Utilize public libraries and welcoming hubs as a center point to promote the resources available for newcomers in different languages. • Promote the availability of quality information and counseling to immigrant families regarding higher education and vocational opportunities. • Partner with educational service providers to promote a covered college education for Dallas high school students. • Provide information on civil rights and legal resources. • Organize events to encourage the international community to share • Publish a basic guide for newcomers. experiences/knowledge. • Provide workshops to help parents understand pathways to college. • Create mentorship opportunities between seasoned immigrant professionals and newcomer families. • Establish one-stop shops where immigrant entrepreneurs can get information on navigating licensing and other processes • Help immigrant students transition into the U.S. school system, enabling them to engage with the appropriate curricula and succeed academically. • Support immigrant entrepreneurs in the tech economy by working with universities and private industry to access information and networks. • Work with Parent Teacher Associations (PTAs) in public schools to be more encouraging and inviting of immigrants and refugees. • Provide reliable information on important issues and service needs, such as: tax preparation, authorized immigration legal services, proper vs predatory lending, how to avoid real estate and healthcare scams, how to recognize PARTNERS predatory for-profit educational programs and many others. RISD/DISD's Newcomer's program to ensure services are provided to volunteers, teachers, and administrators, Dallas Public Library, Carrollton-Farmers Branch, Coppell, Duncanville, Garland, Highland Park, Mesquite, Plano, Richardson, DISD, Irving, colleges universities nonprofit after school organizations, and business development training centers. 51 Welcoming Plan Recommendations 127 ` 1 r i 1 d 0000000, ✓ j z•A - 64, A ECTA. ",WIF 1 .•n. -71 The Welcoming Dallas Plan includes a broad set of actions that are prioritized as short-term, mid-term . . . and grouped in three categories. SHORT TERM 1-2 YEARS MID TERM 2-3 YEARS LONG TERM 3+ YEARS WELCOME, NEIGHBOR WELCOME, NEIGHBOR WELCOME, NEIGHBOR • Launch community awareness campaign and actively • Establish welcoming hubs Remove barriers to immigrant and refugee families to seek out opportunities for media coverage for • Revitalize sister city relationships ensure full access in all educational opportunities that immigrant related stories exist in the City of Dallas • Host naturalization ceremonies • Create youth taskforce on welcoming&promote next-gen leadership • Enhance understanding and trust between long-term . Promote higher education and workforce opportunities residents of Dallas and immigrant communities by creating shared experiences • Enhance levels of civic participation and leadership CONNECTING DALLAS • Maintain comprehensive directory among immigrants • Improve housing accessibility • Increase the number of Dallas immigrants who become • Improve transportation accessibility naturalized U.S.citizens CONNECTING DALLAS • Promote participation in the 2020 Census Collect data to conduct an equity analysis for decision • Raise awareness throughout the community of the making processes • Ensure that English language learning opportunities federally-designated sensitive locations • Improve health care accessibility are available throughout the City in convenient and safe locations • Develop and oversee a language access plan • Collect and utilize data-driven approaches to conduct • Support endeavors to research&launch a City ID equity analyses for decision-making processes with program other relevant offices CONNECTING DALLAS • Identify&revise policies that may exclude or discriminate • Establish a city office to house immigrant integration • Partner with philanthropy&service providers efforts regarding civil immigration services and rights FORWARD TOGETHER • Establish a welcoming city employee resource group information programs • Review and revise as needed • Expand Dallas civic engagement and leadership • Raise awareness of the unauthorized practice of opportunities immigration law and other predatory practices • Establish and maintain ongoing dialogue with first • Utilize data-driven approaches to conduct equity responders and public safety officials analyses with other relevant offices • Increase knowledge of local government for immigrant • Implement and increase access to justice for communities in Dallas immigrants and refugees FORWARD TOGETHER FORWARD TOGETHER • Promote voter education and registration among new • Engage local,governmental, business,and civic U.S.citizens leaders to elevate the myriad benefits of being a welcoming and diverse city • Raise awareness of and improve immigrant integration in workforce systems and improve U.S.professional • Create partnerships to address changing needs related licensing processes to evolving immigration policy • Participate in partnership opportunities to support the • Promote growth for immigrant and minority businesses financial literacy needs of immigrants • Engage local,governmental, business,and civic leaders to elevate the myriad benefits of being a welcoming and diverse city • Create partnerships to address changing needs related to evolving immigration policy • Create partnership opportunities to support the financial literacy needs of immigrants 53 Timeframe 29 ACKNOWLEDGMENTS WCIA thanks the following Dallas leaders for their commitment and contributions to developing the Welcoming Plan Recommendations for the City of Dallas. WELCOMING PLAN TASKFORCE Ghazwan Abdullah,Seek the Peace Prisma Garcia,Social Venture Partners Mirjana Omeragic,Mosaic Family Services Hanna Alexander,Equal Justice Center Yolette Garcia,Southern Methodist University,Simmons School Sarah Papert,Literacy Achieves Luis Arango,J.D.,Catholic Charities of Dallas Michelle Garza Pareja,RAICES Edurne Pineda,Consulate General of Mexico Nicolas Argueta,American Salvadoran Association Tom Gibbons,Compassionate DFW Cheryl Pollman,National Council of Jewish Women Virginia Arteaga-Haid,Global Economic Development Dr.Jessica Gomez,Momentous Institute Dr.Alina Ponce,Momentous Institute Dallas County Community College District Rebecca Greenan,Esq.,UNT Dallas College of Law Angelica Portillo,Dallas Afterschool Ann Badmus,Esq.,Immigrant Journey Awards Christina Hanger,Dallas Afterschool Maria Powers,The Wilkinson Center Charles Barker,MD,Compassionate DFW Claudia Hermann,Asociacion de Mujeres Empresarias Daniel Prescott,Transformance Karen Bassett,League of Women Voters y Profesionales Nina Rafiq,Parkland Hospital Graham Bateman,Justice for Our Neighbors Jin-Ya Huang,Break Bread Break Borders Diana Ramirez,Workers Defense Project Syl Benenson,National Council of Jewish Women Larry James,CitySquare Leonid Regheta,Project Start Bill Bernstein,Mosaic Family Services Tiffany Jelke,International Rescue Committee Cristal Retana,Children's Health Bill Betzen,The School Archive Project Kavita Khandekar Chopra,Esq.,Human Rights Initiative Edward Retta,Cross Culture Communications Dr.Watt Black,Southern Methodist University,Simmons School Irma Kusuma,Greater Dallas Asian American Chamber Sr.Patricia Ridgely,Sisters of St Mary of Namur Ing.Erik Burgos,North Texas Dream Team Brenda Kirk,The National Immigration Forum Marissa Rodriguez,Injury Prevention Center Felicitas Cadena,UNIVISION Brenda Lepenski,Foundation Communities Daley Ryan,International Rescue Committee Victor Carrillo,Zion Oil&Gas Dr.Hilda Loria,UT Southwestern Medical Center and Jaynie Schultz Jason Clarke,Seek the Peace Children's Health Blake Schwarz,Park Cities Presbyterian Church Laura Collins,Esq.,George W.Bush Institute David Lozano,Cara Mia Theater Joel Schwitzer,American Jewish Committee Dallas Isabelle Collora,Homeward Bound Rene Martinez,League of United Latin American Citizens Dr.Irwin Segal,Family Medical Physician Isabel Colunga,Injury Prevention Center of Greater Dallas Mark Masepohl,UNIVISION Dr.Michael Sorrell,Paul Quinn College Harry Davis,First Unitarian Church of Dallas Cheryl McCarver,Community Council of Greater Dallas Shelli Stephens Stidham,Injury Prevention Center Catrina Dawson,Unite Greater Dallas Dr.Margo McClinton Stoglin,CRM&Associates,LLC; Martha Stowe,Vickery Meadow Youth Development Foundation Angela Downes,UNT Dallas College of Law Advising and Consulting Services Jamila Thomas,Dallas Independent School District Lenita Dunlap,Heart House Regina Montoya,Esq.,Dallas Mayor's Poverty Task Force Claudia Torrescano,Dallas Independent School District Linda Abramson Evans,United Nations Association Dallas Lissette Moreno,Peace&Justice Ministry Nubia Torres,Catholic Charities of Dallas Hector Flores,League of United Latin American Citizens Janet Morrison-Lane,PhD,Vickery Meadow Youth Leticia Tudon,The Concilio Sara Fox,Richardson Independent School District Development Foundation David Villalobos,Texas Organizing Project Alfonso Franco,Proyecto Inmigrante Jennifer Nagorka,Freelance Writer Rev.Michael Walsh,Dallas Area Interfaith Juan Garcia,SMU Dedman School of Law student Dr.Walter Nguyen,Mosaic Family Services Kasey Yanna,Dallas Independent School District Dr.Patty Garcia,Latino Center for Leadership Development Dr.Javier Olguin,Eastfield College 54 30 1 Acknowledgments t UNT . . MANY THANKS TO OUR COLLEGE Of CITY LEADERS FOR SUPPORT AND LEADERSHIP Mayor:Mike Rawlings Mayor Pro Tem/District 3:Casey Thomas II Deputy Mayor Pro Tem/District 2:Adam Medrano District 1:Scott Griggs /•� District 4: District 5:Rickey D.Callahan I ' District 6:Omar Narvaez i District 7:Kevin Felder District 8:Tennell Atkins District 9:Mark Clayton District 10:B.Adam McGough District 11:Lee Kleinman District 12:Sandy Greyson District 13:Jennifer Staubach Gates District 14:Philip T.Kingston City Manager:TC Broadnax City Manager's Office Executive Team,City Departments, and Mayor's Staff I i Office of Welcoming Communities and Immigrant Affairs � Director:Mary Elizabeth(Liz)Cedillo-Pereira,Esq. _ Senior Program Manager:Vanna Slaughter,LCSW - r � Community Outreach Specialist:Yolanda Ramirez 2018 Interns/Next Gen Leaders:Mirka Estrada,Jenny Yuhun Myung,John Reaves,Alice Vyukusenge _ Welcoming America,New American Economy and .. all collaborating partners,Felicia Carrillo Escobar and Monica Fuentes Photography:Kael Alford,Rooha Haghar � —�• � �A, r � Design:El Creative Advertising&Design,Jessie Martinez, Jacob Johnstonbaugh s 5 City Council Approved Resolution (18-1520) - October 24, 2018 181520 October 24, 2018 WHEREAS, fostering a welcoming environment for all individuals, regardless of race, ethnicity or place of origin, enhances the City of Dallas' (Dallas) cultural fabric, economic growth, global competitiveness and overall prosperity for current and future generations;and WHEREAS, Dallas is a city in which diversity is acknowledged, celebrated and harnessed to improve the social, economic and cultural opportunities of all residents; and WHEREAS, Dallas is a city where nearly one in four residents was born in another country and where immigrants represented forty percent of the demographic growth between 2011 and 2016 and has established an Office of Welcoming Communities and Immigrant Affairs to promote and advance the economic, cultural and social engagement of immigrants and refugees in Dallas; and WHEREAS, immigrants in Dallas contribute to the local and state economy across a wide variety of industries and sectors and represent nearly thirty-one percent of the working age population in the city; and WHEREAS, Dallas is actively working across all sectors to establish a local welcoming framework to integrate and include immigrants in all aspects of city life;and WHEREAS, Dallas is partnering with leaders, and representatives of local government, businesses, nonprofit agencies, philanthropic enterprises, academia, service providers, faith-based groups and first responders to build awareness of the benefits of being a welcoming community; and WHEREAS, Dallas' efforts that promote understanding and collaboration between long- time residents and foreign-born community members are crucial to ensuring a welcoming environment;and WHEREAS, Dallas earned a "Gateways for Growth" Award from Welcoming America and New American Economy to build capacity for fully integrating and including immigrants in Dallas; and WHEREAS, Dallas supports the national Cities for Citizenship Campaign, Cities for Action, and the New American Partnership to pursue the naturalization process; and WHEREAS, Dallas recognizes that welcoming communities are more socially cohesive, economicaHycompetitive, and leverage new and untapped forces for prosperity. Now,Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: 56 32 1 City Council Approved Resolution (10-1520) - October 24, 2010 CONTINUED 181520. October 24,2018 SECTION 1. That the City of Dallas hereby affirms its commitment to being an inclusive and welcoming city. SECTION 2. That it is the pol cy of the City of Dallas to comply wrath federal and state law regarding immigration. SECTION 3. That the City Council hereby adopts as a reference and guide the recommendations of the Welcoming Plan Task Force in the Welcoming Plan, attached hereto. SECTION 4.That the City Council hereby directs the City Manager to seek certification from Welcoming America as a certified welcoming city. SECTION 5.That the City Council directs the City Manager to consider and consult the recommendations of the Welcoming Plan Task Force in conjunction with federal law, state law, and other adopted plans as a guide for future actions to further the goal of being an inclusive and welcoming city. SECTION 6. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. APPROVED BY CITY COUNCIL OCT 14 2018 57 33 s I 1Ti1� Between 2011 and 2016, Growth in the the population in the city foreign-born grew 4.2%. population accounted for The immigrant 240?/o population increased 7.2%. Total population 1,268,905—,1,321,656 4.2% j Immigrant share of Immigrant population 296,520-.317,756 �} ( the population,2016 I ,l 7. all 317,756 hat perioNumber of immigrants living populatioin Dallas in 2016: growth during that period. Top five countries of origin for .4. immigrants living in the city: _ Mexico.........................61.8% ♦ '�� 2 El Salvador..................... 5.6% ` 3 Honduras...................... 2.8% Mexico India............................2.7% 61.6% Ethiopia.........................1.6% New Americans in Dallas SPENDING POWER&TAX CONTRIBUTIONS $1.913 went to federal taxes.2 $591.1M went to state and local taxes.' Leaving them with $5AB in spending power.4 Immigrants also support federal social programs. In 2016,they contributed $847.7M $218.9M $847,7M to Social Security and Medicare W-»x %4 IVY to Medicare. Social Security 2 59 135 New Americans in Dallas LABOR FORCE GROWTH Although the foreign-born made ups Walter Nguyen the city's overall population,they represented 31.6%of its working-age population,31.6%of its employed labor force,and 23.9%of its STEM ED, Mosaic Family Services workers in 2016. 'n 1982,at age 31,Walter Nguyen made his fifth and final attempt to escape Vietnam.Prior Immigrant sharesofthe... attempts had landed him in jail,but he did not have a choice.Food was scarce,and because he had Population • worked as a press officer for U.S.-backed South Vietnamese forces,the communist government Working-age population* 31.6% had a target on his back."I was constantly being spied on,"says Nguyen."So I looked for a way to Employed labor force 31.591 escape,and find freedom,and rebuild my life." STEM workers— 23.7o' America gave him that opportunity.In Wisconsin, where he first settled,Nguyen became a bilingual " working-age refers to people ages 16-64 years old. social worker and earned a master's degree in **STEM refers to Science,Technology,Engineering,and Math fields. social work.He later received a PhD,as well as a distinguished alumni award,from the University of Texas at Arlington. Immigrants play a critical role in several Nguyen had moved to Texas in 1989 to be close to key industries in the city.This includes: his fiance and brother.He got ajob as a program manager at the East Dallas Counseling Center,and in 1993 was promoted to executive director.During his tenure,he launched an ambitious expansion in which he started a refugee health and emergency Construction Share of workers in the services program;added a 30-bed shelter for 69.600 industry who were domestic violence victims;formed an anti-human foreign-born in 2016 trafficking initiative;and created a counseling department and a legal unit to guide people through family and immigration court.Today,the organization is called Mosaic Family Services and serves over 15,000 north Texans,a quarter of General services whom were born in the United States. 43.5% "1 consider what I do social entrepreneurship," he says."I apply a business model toward social Manufacturing services,promoting results,effectiveness,and 41.1% efficiency.But our bottom line is people, not money." Accommodation&Recreation 37.9% Nguyen attributes the organization's success to his background as a refugee."Services are most Professional servicese effective when the provider understands the culture and the language of the client,"he says. 27.2% "They instantly gain trust if they know you've shared their experience."His background as a 24% refugee also taught him perseverance."If you Share of population can overcome the initial adjustment and lack of resources to obtain an education—that's powerful. The American dream is always there,"he says."As long as you work hard and are helpful to others." 3 60 361 New Americans in Dallas LABOR FORCE GROWTH CONT. Because of the role immigrants 1456171ocalplay in the workforce helping companies keep jobs on U.S. manufacturing jobs soil,we estimate that, by 2016, immigrants living in the city had that would have otherwise helped create or preserve... vanished or moved elsewhere! ENTREPRENEURSHIP Despite making up 24°/u of the overall population, Immigrant entrepreneurs tended to immigrants represented 32.2%ofthe entrepreneurs concentrate in these industries in 2016: in Dallas in 2016. 0 Construction Workers . . . . . . . . . .29.7% © General services.. .. . . . . . . . . . . . . 21.1% Immigrant share of entrepreneurs 9 O E Professional services . . . . .. . . . . .15.9/o Transportation. . . .. . . . . . .. . . . . .. 7.7% ,•,Immigrant share Retail Trade.. . . . . .. . . . . . .. . . . . ..6.7% ofthe population Other. . . . . . .. . . . . .. . . . . . .. . . . . .18.9% About 20,405 immigrants worked for their own businesses Number of in 2016 e generating Dallas Sales Paid Employees, Businesses,2012 Revenue,2012 2012'0 $495,9M American-owned $1.3B 7,928 in business income. Asian-owned $5B 27,050 Hispanic-owned $3.5B 20,278 4 61 137 New Americans in Dallas EDUCATION ly Alex Medrano tohImmigrantsvbacelor'sess d degree to have a bachelor's degree Financial Planning Advisor or higher. Alex Medrano was 11 years old when his mother brought him to Share ofpopulation overage 25 the United States from Mexico in search of a better education, with a bachelors degree or higher: an opportunity Medrano fast took advantage of.By his sophomore •••.•••.•••.......• 38.8% year of high school,he was taking college classes,and by graduation of U.S.-born he had 62 hours of college credit and was tutoring peers in algebra and trigonometry.His mother,who had fled a violent husband, Bachelor's .........18.2% single-handedly supported her two children b cleaning houses. degree of Immigrants g Y pp Y g or higher Medrano's goal was to become an electrical engineer.He enrolled at the University of Texas at Arlington after high school,but had to drop out due to financial barriers.To help fund college and support his family,Medrano began working as a teller at Wells Fargo.As he Share of population over age 25 advanced—he became a personal banker after just eight months— with an advanced degree: he developed a new focus:helping people in the community improve their financial situation. - -- 13.6% of U.S.-born "One of my biggest passions is helping people who don't realize they can do so much with their lives,to buy a house or build credit," Advanced 740/0 Medrano says."I love getting them through the process.It's amazing degree of Immigrants how much you can change a life." Medrano—who has since re-enrolled in school—now advises small businesses and entrepreneurs on launching their projects.He also volunteers financial planning advice to members of the Hispanic Contractor's Association and the Dallas Chamber of Commerce. "Since I've been creating a little bit of a career,"he says. Medranono is is now leaning toward more community-oriented work."I volunteer at a food pantry and attend city council meetings to share updates with my customers.I would love to work for a nonprofit and31179 educate people in need about their finances." students who were enrolled in Dallas Unfortunately,Medrano's ability to continue offering his financial colleges and universities services could be at risk.Medrano is one of more than 226,000 during the fall of 2015 Texans who have Deferred Action for Childhood Arrivals(DACA), a program that provides qualifying undocumented immigrants were temporary resi- brought here as children with temporary legal status but that is dents.11 International slated to end in March 2018. students supported... "We want to develop ourselves here and make this country better," 1962 Medrano says."If we lose that opportunity,there's a lot of potential lost." local jobs and spent �.../�The American dream is always there,"he says."As long as you work $150■JIYI hard and are helpful to others." in the 2016-2017 academic year.12 5 62 38 New Americans in Dallas HOUSING WEALTH In 2016, The total property value of immigrant 42m2% households was of immigrants in Immigrant Dallas owned households $112B. their own homes, Homeowners ■Renters compared with No response Their total 512% annual rent was who rented. $7341M. 43.6%of the U.S.-born owned their own homes. NATURALIZATION • Share of immigrants in Dallas who were • • • naturalized citizens in 2016. Naturalized This constituted 85,098 people. • Share among those who were not citizens but • potentially eligible for naturalization in 2016. Potentially eligible This constituted 47,288 people. s 63 139 New Americans in Dallas BANKING" In 2015, 92.6% of immigrant 92.6% 94.9% households in Dallas had bank accounts, compared with 94.9% of U.S.-born households. FOREIGN-BORN 7.4% 25,7% 72.0% 2.4 No Checking or Savings Savings Only Checking Only Both Checking and Savings Main methods of paying bills as cited by immigrants,2015 0 37.4% - Electronic Payment via Bank 0 29.6% - Personal Check 0 11.6% - Debit Card The income of immigrant households in 26.9%of immigrant households stated the city remains relatively stable. that their monthly income has In2015, small variation 702% month to month. of immigrant households 20.0' g In 2015,these shares 147, reported their income reported having remained roughly the same applied for a bank each month. loan or line of credit the previous year: U.S.-born Foreign-born 7 64 401 New Americans in Dallas CONTRIBUTIONS OF THE DACA-ELIGIBLE 639396 93.4% Number of DACA-eligible living in the Employment rate of DACA-eligible living Dallas metro area in 2016 in the Dallas metro area in 2016 • -• • $89M went to federal taxes. $72.OM went to state and local taxes. Leaving them with $698m6M • in spending power. About 10.7%of the DACA-eligible population Top 5 Industries for the DACA-Eligible in the ages 25 and above had at least a bachelor's Dallas Metro Area: degree in the metro area. Tourism,Hospitality,&Recreation The DACA-eligible population with a bachelor's 22.3% degree or above tend to concentrate in these Retail Trade industries in the metro area: 1. Q Educational Services. .. . ... . ... .17.9% Construction Finance and Insurance.. . ... . ... .13.0% 13.8% Professional Services'. .. ... . ... .10.4% Administrative Support 6.9 Healthcare&Social Assistance ® 6.8 Other VA industries 58.7 8 65 141 New Americans i.Dallas REFUGEES Share of immigrants in Dallas who were likely refugees in 201615 This constituted 16,609 refugees. Share of refugees in Dallas who were naturalized citizens in 2016. The median household income of Refugees in Dallas tend to concentrate in the refugees in the city was these industries in the city: $39,000 O Retail.. . . . . .. . . . . . . . . . . . .. . . . . .21.6% in 2016. Manufacturing. . . . . . . . . . . .. . . . . .18.9% Healthcare. .. . . . . . . . . . . . .. . . . . .16.4% Transportation. . . . . . . . . . .. . . . . .10.4% Share of refugees in Professional Services1. . . . .. . . . . . 9.6% 161% ......... Dallas with a bachelor's degree or higher,2016 Other . industries 23.1% Share of refugees in 5.5% """"' Dallas with an advanced degree,2016 REFUGEE WORKERS 9 66 421 New Americans in Dallas ENDNOTES 1 Unless otherwise specified,data comes from 1-year samples of the American Community Survey from 2011 and 2016 and figures refer to the City of Dallas. 2 U.S.Congressional Budget Office.2016."The Distribution of Household Income and Federal Taxes,2013." 3 Institute on Taxation and Economic Policy.2015."Who Pays?A Distributional Analysis of the Tax Systems in All Fifty States." 4 Estimates are based on federal tax rates from the U.S.Congressional Budget Office,and state and local tax rates from the Institute on Taxation and Economic Policy. 5 General services include personal services(e.g.laundry services,barber shops,and repair and maintenance),religious organizations, social services,and labor unions. 6 Professional services:Most of these industries include professions that require a degree or a license,such as legal services, accounting,scientific research,consulting services,etc. 7 Vigdor,Jacob.2013."Immigration and the Revival of American Cities:From Preserving Manufacturing Jobs to Strengthening the Housing Market."New American Economy.This report found that every 1,000 immigrants living in a county in 2010 created or preserved 46 manufacturing jobs there.We apply that multiplier to the size of the foreign-born population in Dallas in 2016 to produce our estimates.Jobs in the manufacturing sector are defined by the North American Industry Classification System,which includes a wide range of industries such as food,machinery and electronic manufacturing. 8 General services include personal services(e.g.laundry services,barber shops,and repair and maintenance),religious organizations, social services,and labor unions. 9 Professional services:Most of these industries include professions that require a degree or a license,such as legal services, accounting,scientific research,consulting services,etc. 10 2012 Survey of Business Owners,U.S.Census Bureau 11 Data on total student enrollment in the county is derived from the Integrated Postsecondary Education Data System maintained by the National Center for Education Statistics.Temporary residents refer to people who are not U.S.citizens or permanent residents. Schools counted in the City of Dallas analysis include the Art Institute of Dallas;Dallas Baptist University;Dallas Christian College; Dallas Community College District,El Centro College;Dallas Community College District,Mountain View College;Dallas Community College District,Richland College;Dallas Theological Seminary;Parker University,College of Chiropractic;Paul Quinn College; Southern Methodist University;The University of Texas Southwestern Medical Center;and Wade College. 12 Economic data is derived from the International Student Economic Value Tool maintained by NAFSA,the association of international educators. 13 2015 Current Population Survey,U.S.Census Bureau 14 Professional services:Most of these industries include professions that require a degree or a license,such as legal services, accounting,scientific research,consulting services,etc. 15 New American Economy.2017."From Struggle to Resilience:The Economic Impact of Refugees in America." 16 Professional services:Most of these industries include professions that require a degree or a license,such as legal services, accounting,scientific research,consulting services,etc. 67 143 Air ,' ' ,' .` i• �, Zia ir is wilp WO Oil 0. .� :� •(, - A fit • ) .�.', .R ��' e•' Y,`. Ak ` • lot- For, /•_ ��•. � ��-�� Y,i;' , cif' _� �• � -� \ � � 'I� � dw • �� , i � . W. A - s A."Y" FOR IMMEDIATE RELEASE DENTON Ryan Adams • (940) 349-8565 • Ryan.Adams@cityofdenton.com City of Denton Encourages Participation in National Night Out Events Events are scheduled on Monday, Sept. 30 and Tuesday, Oct. 1 DENTON, TX,Aug. 8, 2019—The City of Denton, Denton Police Department, Denton Fire Department, and other City departments will participate in two National Night Out events on Monday, Sept. 30, and Tuesday, Oct. 1, 2019. Residents are encouraged to attend the Citywide Kickoff or host a National Night Out Neighborhood Party. Attend the Citywide Kickoff Party New to this year is the Citywide Kickoff Party which will be hosted the day before National Night Out to allow residents another option to meet public safety and local government officials. Residents are invited to attend this community celebration from 5:30 to 8:30 p.m. on Monday, Sept. 30 at the Denton Civic Center(321 E. McKinney St.). Join first responders and City officials and staff for an evening of free food, drinks, carnival games, and more. This family- friendly kickoff is an opportunity for everyone in our community to gather the day before National Night Out. Host a Neighborhood Party If you or your neighborhood would like City staff(including the Police or Fire Department)to attend your National Night Out gathering on Tuesday, Oct. 1,please fill out the registration form available at www.ciiyofdenton.com/nno. The deadline to register and ensure a visit from City departments is Friday, Sept. 13. About National Night Out National Night Out is a community event to raise awareness about community policing in our neighborhoods. Across Denton, neighborhoods, homeowners' associations, and citizens' groups will hold block parties and barbecues to encourage neighbors to get to know each other and local law enforcement agencies and help make their community safer. The City of Denton has been an active participant in National Night Out events for the past several years and enjoys getting to know citizens at gatherings throughout Denton. While some neighborhoods hold large parties, others join in by turning on their front porch light in support of each other and law enforcement. No matter the size of the event,National Night Out is about strengthening neighborhood spirit. To continue to foster community awareness and strengthen citizen engagement, the City will have staff from various departments visit registered community events during National Night Out. Elected officials and staff from Police, Fire, Utilities, and more will be on-hand to visit with residents and talk about City services and programs. OUR CORE VALUES Integrity• Fiscal Responsibility•Transparency• Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989 69 Visit www.cityofdenton.com for more news and to stay updated. 2 70 THE CITY OF DENTON PRESENTS � f I * 2019** I National Night Out is an annual community-building event that gives you the chance to get to know your neighbors and meet the Denton Police Department, the Denton Fire Department, and other City staff. 4TY tNL- KIC_KUrr FART PUBLIC SAFETY FAIR•COMMUNITY COOKOUT• FAMILY FUN iEPT_ 30 • 5,3(1 �'30 P-M. MEET YOUR DENTON NEIGHBORS & CITY STAFF (Free hot dogs & drinks while supplies last!) DENTON CIVIC CENTER • 321 E. MCKINNEY ST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HOST A NATIONAL NIGHT OUT NEIGHBORHOOD PARTY OCT. 1 • 6-9P.M. BRING YOUR NEIGHBORS TOGETHER & INVITE CITY STAFF REGISTER BY SEPT. 13: WWW.CITYOFDENTON.COM/NNO MITI' (1F DENTON ADA/EOE/ADEA•TDD:(800)735-2989•www.cityofdenton.com•Pub.07/19 CITY HALL SELFIE DAY THURSDAY, AUGUST 15 YH LFIE a 11 �- 1_I HERE'S HOW US CELEBRATE PUBLIC SERVICE: Take a selfie in front of a City of Denton City Hall 215 E. McKinney Street or 601 E. Hickory Street Post your photo to Twitter, Instagram, or Facebook on August 15 using the hashtags: #CityHallSelfieand #CODSelfie Tag us in your post! � /cityofdenton %V@cityofdentontx @ /cityofdenton DENTON Date: August 9,2019 Report No. 2019-154 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Provide information related to a joint effort by several municipalities in Texas, led by the City of McAllen,concerning Small Cell Node litigation(SB 1004 from 2017)and the possible amendment to the litigation to include the Telecom Franchise Fees statue (SB 1152 from 2019). DISCUSSION: Summary During the legislative work session on July 23, Council Member Briggs requested additional information related to a joint effort by several municipalities in Texas concerning Small Cell Node litigation(SB 1004 from 2017)and the possible amendment to the litigation to include the Telecom Franchise Fees statue (SB 1152 from 2019). The City of McAllen is the lead client in this joint litigation engaging the firm of Bickerstaff Heath Delgado Acosta LLP. The attached descriptions, provided by the firm, briefly summarize the two bills and the argument for legal challenge (Attachment 1). Cities wishing to participate in the joint litigation must authorize and execute a letter of representation with the firm, in addition to agreeing to a Conflict of Interest Disclosure and Agreement. The City of McAllen has established an account to pay the law firm's fees and expenses after they are incurred and billed. The participating cities are charged an initial assessment by the City of McAllen based upon an amount equal to $0.15 per resident of the city as shown by the 2010 federal census;however,if the initial assessment is not sufficient to complete the litigation, additional contributions may be necessary. At the end of the litigation, any funds remaining will be returned proportionately to the participating cities Status On March 29, 2019, the City of McAllen, with 40 other plantiffs named, filed a second amended petition versus the State of Texas in the District Court of Travis County, Texas (Attachment 2). The group is working to draft an amended petition to also challenge the constitutionality of SB 1152 along the same grounds. ATTACHMENTS: 1. Summary Descriptions for SB 1004 (2017) and SB 1152 (2019) 2. McAllen, et al v. State Second Amended Petition STAFF CONTACTS: Sarah Kuechler, Director of Public Affairs (940) 349-8356 s arah.kuechlerncityofdenton.com Aaron Leal, City Attorney (940) 349-8376 aaron.leal&cityo fdenton.com 73 Date: August 9,2019 Report No. 2019-154 REOUESTOR: Council Member Briggs PARTICIPATING DEPARTMENTS: Public Affairs, Legal STAFF TIME TO COMPLETE REPORT: 1 hour 74 SB 1004 Summary As telecommunications providers move from 4G to 5G technology,they will rely more on small cells rather than the now familiar macro towers located throughout a town to send and receive cell phone wireless signals. Small cells or network nodes are smaller antennas, have a much smaller range, and are located closer to the ground. They can be placed on light poles, street signs, signal light poles, and similar types of poles. They will be fairly numerous, often located only a few hundred feet apart. While the antenna may be relatively small, other associated equipment associated with the network node may consume as much as 28 cubic feet, and ground-based equipment may be as large as 42 cubic feet. S.B. 1004 gives telecom providers the right to use the public right-of-way to install and maintain network nodes and sets an annual maximum annual rental rate that the city may charge of$250 per node. The plaintiffs' expert will testify that the market value for the use of the right- of-way is between $1,500 and $2,500 per node. TxDOT commissioned an analysis to determine what it should charge for access to the state right-of-way, and that study concluded that the fair market rental value was $2,640 per year.I When the current Texas Constitution was adopted in 1876, the framers adopted at least three separate provisions designed to prohibit the then prevalent practice of local governments donating public money and property to entice the railroads to come to their communities. While designed to address the Nineteenth Century practice relating to railroads, the provisions are not limited to a particular industry or practice, and in the Twenty-first Century, the same issue is presented by legislation such as SB 1004, which mandates a gift of public property to for-profit, private companies through a transfer of public assets at a rental rate of roughly ten cents on the dollar. We believe this is a violation of the Texas Constitution's article XI, section 3 (prohibiting cities from making gifts of public property to corporations), and article III, section 52 (prohibiting the legislature from authorizing cities to make such a gift). Additionally,while the statute leaves cities with the ability to enforce its ordinances against small cell installations in some circumstances, it gives providers the right to construct and install network nodes "as a permitted use without the need for a special use permit or similar zoning review and not subject to further land use approval." TEx.Loc.GoVT CODE, § 284.101(a). We believe this is an improper delegation of governmental power to a private entity. 1 Although TxDOT is not covered by SB 1004, it decided shortly before being called to testify before the Senate Business and Commerce Committee, that it would charge the SB 1004 rates rather the fair market value rate computed by it expert. 75 SB 1152 While SB 1004 jeopardizes future revenue for cities, SB 1152 eliminates an existing revenue stream. Basically, it says that if a telecom provider and a cable company have common ownership, then, beginning in 2020, instead of paying franchise fees for both telecom and cable, it will only pay the higher of the two. The determination of which is higher is determined on a statewide basis for each carrier, so it may not reflect the reality of which fee is higher in your city. It will mean that for those providers who offer both telecom and cable (or, even if those services are offered by two different companies that have a common owner), the city will receive one franchise fee for the use of its ROW rather than two. According to the fiscal note attached to the bill, the estimated losses to Texas cities would be: Houston $17.1-27.5 million Dallas $9.2 million San Antonio $7.9 million Austin $6.3 million Arlington $2.8 million Sugar Land $1.2 million Plano $0.734 million Denton $0.670 million Waco $0.373 million The Colony $0.235 million The fiscal note did not address the impact on smaller cities; however, the potential loss, although relatively small compared to a Houston, San Antonio, or Dallas, may well make up a much larger percentage of the city's revenues and can have an extreme impact. Constitutional Issues Raised by SB 1152 Gift or Grant We believe that SB 1152 has much the same flaw under the Texas Constitution as SB 1004. Article III, section 52, of the Texas Constitution prohibits the legislature from authorizing cities to grant anything of value to a corporation. This provision was adopted in the 1876 Constitution in response to the post-Civil-War actions of communities offering cash or land to entice the railroad to come to their city. In earlier statutes the legislature has set a value on the use of the municipal ROW. For cable,the fee is 5%of gross revenue. Utilities Code, § 66.05(a);see also, 47 USCA§ 542(b). For telecoms,the fee,known as an access line fee, is determined by a statewide formula based in large part on the franchise fees cities received in 1998. Tex. Loc. Gov't Code, §§ 283.051 and 283.055. While the access line fee is not specifically tied to a percentage of revenues, it is indirectly related to revenue generation since the 1998 fees on which the formula is based were often determined as a percentage of the revenue generated by the company in the city. 1 76 Under SB 1152, an independent telecom (i.e., one that doesn't have common ownership with a cable provider) pays the full access line charge to the city, and an independent cable company(i.e., one that is not owned by a telecom provider)pays the city 5%of its gross revenues. On the other hand,the larger companies that own both cable and telecom(e.g.,AT&T,which owns U-Verse cable)will pay only one fee its use of the ROW and will have the use for the other purpose for free. We believe giving free use of the ROW to a favored group—in this case the larger and more dominant companies—is an unconstitutional gift under article III, section 52. 2 77 3/29/2019 3:21 PM Velva L. Price District Clerk Travis County CAUSE NO. D-1-GN-17-004766 D-1-GN-17-004766 Daniel Smith CITY OF MCALLEN; CITY OF § IN THE DISTRICT COURT OF DALLAS; CITY OF PLANO; CITY OF § GARLAND; CITY OF IRVING; CITY § OF AMARILLO; CITY OF § BROWNSVILLE; CITY OF § MCKINNEY; CITY OF SUGAR LAND; § CITY OF MISSION; CITY OF PHARR; § CITY OF COPPELL; CITY OF § DUNCANVILLE; CITY OF WESLACO; § CITY OF SAN BENITO; CITY OF § ALAMO; CITY OF MIDLOTHIAN; § CITY OF HIGHLAND VILLAGE; CITY § OF SEAGOVILLE; CITY OF ALTON; § CITY OF RED OAK; CITY OF § BOERNE; CITY OF ROMA; CITY OF § ROCKPORT; CITY OF LA FERIA; § TOWN OF FAIRVIEW; CITY OF § LUCAS; CITY OF BALCONES § HEIGHTS; CITY OF SOUTH PADRE § TRAVIS COUNTY, TEXAS ISLAND; CITY OF OLMOS PARK; § CITY OF ESCOBARES; TOWN OF § WESTLAKE; CITY OF SIMONTON; § CITY OF HEWITT; CITY OF § HIDALGO; CITY OF WEBSTER; CITY § OF GRANBURY; CITY OF ROANOKE; § CITY OF CHINA GROVE; and JIM § DARLING,in both his official capacity as § Mayor of the City of McAllen and § individual capacity, § Plaintiffs, § V. § 353rd JUDICIAL DISTRICT THE STATE OF TEXAS Defendant. PLAINTIFFS' SECOND AMENDED PETITION 78 I. INTRODUCTION Since the time of its framing in 1876, the Texas Constitution has jealously guarded and preserved the resources and power of the government. This is demonstrated with unmistakable clarity in the Constitution's prohibitions against gifting public funds or other things of value to aid the commercial interests of a private enterprise and against the delegation of legislative power to private entities without providing for adequate standards of exercise or oversight. Notwithstanding these constitutional prohibitions, SB 1004 seeks to require Texas municipalities to forego arm's-length negotiation and instead grant private wireless providers the use of the public right-of-way for a gratuitously-small fraction of the market rate. The legislation also places legislative powers relating to zoning and the management of municipal right-of-way in the hands of private entities without providing guidelines for, or oversight over, the exercise of these essential municipal police powers. In mandating this result, the Legislature has not only violated the anti-gift and non- delegation provisions of the Texas Constitution,but would make cities and their officials complicit in these transgressions by having them administer and sanction the transfer of wealth of as much as hundreds of millions of dollars from municipal coffers to private telecommunications companies each year and by having them abandon their obligations to the public by relinquishing their responsibilities for implementing effective zoning measures and right-of-way management. Taxpayers in these municipalities have an interest in preventing the unconstitutional transfer of valuable city assets and legislative powers to private corporations. Put to the untenable choice of violating SB 1004 or the state constitution, the named plaintiffs seek a declaration that SB 1004 is unconstitutional and further seek an injunction against its implementation and enforcement because it violates article II, section 1, article III, section 1, article III, section 52, and article XI, section 3, of the Texas Constitution. McAllen, et al v. State Page 2 of 27 Second Amended Petition 79 II. DISCOVERY CONTROL PLAN 1. Pursuant to Rule 190.4 of the Texas Rules of Civil Procedure, Plaintiffs intend that discovery be conducted under Level 3. III. PARTIES AND SERVICE OF PROCESS 2. Plaintiff City of McAllen is a duly incorporated home-rule municipality located in Hidalgo County, Texas. 3. Plaintiff City of Dallas is a duly incorporated home-rule municipality located in Dallas, Collin, Denton, Kaufman, and Rockwall Counties, Texas. 4. Plaintiff City of Plano is a duly incorporated home-rule municipality located in Collin and Denton Counties, Texas. 5. Plaintiff City of Garland is a duly incorporated home-rule municipality located in Dallas, Collin, and Rockwall Counties, Texas. 6. Plaintiff City of Irving is a duly incorporated home-rule municipality located in Dallas County, Texas. 7. Plaintiff City of Amarillo is a duly incorporated home-rule municipality located in Potter and Randall Counties, Texas. 8. Plaintiff City of Brownsville is a duly incorporated home-rule municipality located in Cameron County, Texas. 9. Plaintiff City of McKinney is a duly incorporated home-rule municipality located in Collin County, Texas. 10. Plaintiff City of Sugar Land is a duly incorporated home-rule municipality located in Fort Bend County, Texas. 11. Plaintiff City of Mission is a duly incorporated home-rule municipality located in Hidalgo County, Texas. McAllen, et al v. State Page 3 of 27 Second Amended Petition 80 12. Plaintiff City of Pharr is a duly incorporated home-rule municipality located in Hidalgo County, Texas. 13. Plaintiff City of Coppell is a duly incorporated home-rule municipality located in Dallas and Denton Counties, Texas. 14. Plaintiff City of Duncanville is a duly incorporated home rule municipality located in Dallas County, Texas. 15. Plaintiff City of Weslaco is a duly incorporated home-rule municipality located in Hidalgo County, Texas. 16. Plaintiff City of San Benito is a duly incorporated home-rule municipality located in Cameron County, Texas. 17. Plaintiff City of Alamo is a duly incorporated home-rule municipality located in Hidalgo County, Texas. 18. Plaintiff City of Midlothian is a duly incorporated home-rule municipality located in Ellis County, Texas. 19. Plaintiff City of Highland Village is a duly incorporated home-rule municipality located in Denton County, Texas. 20. Plaintiff City of Seagoville is a duly incorporated home-rule municipality located in Dallas and Kaufman Counties, Texas. 21. Plaintiff City of Alton is a duly incorporated home-rule municipality located in Hidalgo County, Texas. 22. Plaintiff City of Red Oak is a duly incorporated home-rule municipality located in Ellis County, Texas. 23. Plaintiff City of Boerne is a duly incorporated home-rule municipality located in Kendall County, Texas. McAllen, et al v. State Page 4 of 27 Second Amended Petition 81 24. Plaintiff City of Roma is a duly incorporated home-rule municipality located in Starr County, Texas. 25. Plaintiff City of Rockport is a duly incorporated home-rule municipality located in Aransas County, Texas. 26. Plaintiff City of La Feria is a duly incorporated home-rule municipality located in Cameron County, Texas. 27. Plaintiff Town of Fairview is a duly incorporated home-rule municipality located in Collin County, Texas. 28. Plaintiff City of Lucas is a duly incorporated home-rule municipality located in Collin County, Texas. 29. Plaintiff City of Balcones Heights is a duly incorporated General Law Type A municipality located in Bexar County, Texas. 30. Plaintiff City of South Padre Island is a duly incorporated home-rule municipality located in Cameron County, Texas. 31. Plaintiff City of Olmos Park is a duly incorporated General Law Type A municipality located in Bexar County, Texas. 32. Plaintiff City of Escobares is a duly incorporated General Law Type A municipality located in Starr County, Texas. 33. Plaintiff Town of Westlake is a duly incorporated General Law Type A municipality located in Tarrant and Denton Counties, Texas. 34. Plaintiff City of Simonton is a duly incorporated General Law Type A municipality located in Fort Bend County, Texas. 35. Plaintiff City of Hewitt is a duly incorporated home-rule municipality located in McLennan County, Texas. McAllen, et al v. State Page 5 of 27 Second Amended Petition 82 36. Plaintiff City of Hidalgo is a duly incorporated home-rule municipality located in Hidalgo County, Texas. 37. Plaintiff City of Webster is a duly incorporated home-rule municipality located in Harris County, Texas. 38. Plaintiff City of Granbury is a duly incorporated home-rule municipality located in Hood County, Texas. 39. Plaintiff City of Roanoke is a duly incorporated home-rule municipality located in Denton County, Texas. 40. Plaintiff City of China Grove is a duly incorporated General Law Type A municipality located in Bexar County, Texas. 41. Plaintiff Jim Darling is the Mayor of McAllen, Texas. He is a party to this proceeding in his official capacity as mayor and in his individual capacity as a citizen and taxpayer. 42. Defendant State of Texas has been served with process. IV. JURISDICTION AND VENUE 43. The subject matter in controversy is within the jurisdictional limits of this Court, and the Court has jurisdiction over this action pursuant to article V, section 8, of the Texas Constitution and section 24.007 of the Texas Government Code, as well as the Texas Uniform Declaratory Judgments Act. TEx.CIV.PRAC. &REM.CODE § 37.001, et seq. 44. This Court has jurisdiction over the parties because all Defendants reside or have their principal place of business in Texas. 45. Plaintiffs seek non-monetary relief. 46. Venue is proper in Travis County because Defendant has its principal office in Travis County. TEx.CIV.PRAC. &REM. CODE § 15.002(a)(3). McAllen, et al v. State Page 6 of 27 Second Amended Petition 83 V. FACTS A. The Emergence of Small-Cell and Network-Node Technology 47. Senate Bill 1004, enacted by the 85 h Legislature in 2017 and to become effective on September 1,2017, enacts chapter 284 of the Texas Local Government Code. This new chapter purports to govern the deployment of network nodes in public rights-of-way. 48. A network node is defined in the bill as "equipment at a fixed location that enables wireless communications between user equipment and a communication network." A network node encompasses multiple pieces of equipment including a radio transceiver, an antenna, a battery-only backup power supply, and coaxial or fiber-optic cable. The term does not include a pole or tower to which the equipment is attached. 49. Network nodes are a component of small-cell technology, which in turn is part of the cellular network that supports smart phones, tablets, and other mobile devices. 50. Mobile data traffic, driven by increased sales of smart phones, tablets, and similar devices and by usage demanding greater bandwidth, results in significant growth in the use of mobile data networks and requires increased capacity. 51. Emerging technology will greatly accelerate the demand for increased capacity of wireless networks and for additional network nodes. While small cell technology will snake possible greater uses of the internet, currently and in the foreseeable future the predominant use of the network is for streaming video. 52. Small-cell wireless networks using network nodes are a way to increase capacity and capabilities above that provided by the familiar cellular technology provided by larger cell towers, often referred to as macro sites. Rather than being located on tall macro towers, a small cell network node may be located on a street sign, on a light pole, on a traffic signal pole, on the side of a building, or on a dedicated pole. McAllen, et al v. State Page 7 of 27 Second Amended Petition 84 53. Small cells complement the existing macro tower system by providing additional capacity and by increasing coverage in those areas where the signal from the macro tower is weak. B. Legislative Involvement in Telecommunications Companies' Use of Municipal Right-of-Way 1. Earlier legislation is carefully crafted to avoid being a prohibited gift or grant 54. For many years telecommunications service was provided over land lines and was typically provided in a locality by a single provider. Texas municipalities would grant franchises to that company to permit it to use city rights-of-way. Typically, this would include the right to construct poles and string wire along the rights-of-way or to bury cable beneath the right-of-way. As the cities were giving the company a valuable property right,the company was required to pay for that right just as it would if it used an easement or other property right of a private landowner. 55. In 1999, in response to the emergence of competition among companies offering local exchange telephone service, the legislature enacted chapter 283 of the Local Government Code. That chapter was designed to encourage competition in the provision of telecommunications services and to ensure that new entrants were not precluded from gaining access to the use of municipal rights-of-way due to pre-existing franchise agreements. TEx.LOCAL GoV T CODE, § 283.001(a). 56. Among other things, the statute set up a state system of determining the fees to be paid to a municipality for the use of rights-of-way by new entrants to the market place, but did so by basing the fee on the amount each city collected under its existing franchise fees. TEx.LOCAL GoVT CODE, §§ 283.053, 283.055. In apparent recognition of the constitutional prohibition on a municipality making a gift or grant to a private corporation,the legislature designed the system to provide the cities with the fees they had previously negotiated or imposed while letting new entrants come into the market on the same basis as existing companies. Essentially, the city McAllen, et al v. State Page 8 of 27 Second Amended Petition 85 received and the new entrants were charged what had previously been established as fair-market value for the use of the city rights-of-way. 2. SB 1004 is designed to transfer municipal property to private companies at a fraction of its fair market value 57. In 2017, the legislature enacted SB 1004 (chapter 284 of the Texas Local Government Code), which became effective on September 1, 2017. 58. In SB 1004 the legislature seeks to encourage and simplify the use of network nodes and small-cell technology by limiting cities' regulatory powers over the placement and design of network nodes and by below-market fees for the use of the public rights-of-way. 59. The Texas legislation is part of a multi-state push by the wireless industry in conjunction with the American Legislative Exchange Council (ALEC) to achieve a more relaxed regulatory environment and to obtain a public subsidy. 60. In sharp contrast to the approach taken in chapter 283 of the Local Government Code, which was crafted to ensure that the fee for the use of public right-of-way was set at fair market value, SB 1004(chapter 284)imposes maximum charges that are a small fraction of market value,thus, gratuitously, conveying public property to private corporations and providing a public subsidy for a private commercial enterprise. 61. SB 1004(section 284.053) sets an annual maximum fee for the use of a city's right- of-way at$250 per network node. TEx.LOCAL GoV T CODE, § 284.053. 62. By contrast, as reflected in the attached affidavit (Exhibit 1), the standard rate for the use of public right-of-way is between $1,500 and $2,500 per network node. 63. The fee schedule established by SB 1004 requires cities to permit use of their rights- of-way in return for only 10 to 16.7 percent of the fair market value of the property interest conveyed. McAllen, et al v. State Page 9 of 27 Second Amended Petition 86 64. This amounts to a gift or grant to the companies maintaining the network of between $1,250 and $2,250 per node per year. 65. While significant numbers of small cell nodes are currently being installed, the number of cells is expected to increase by a factor of five or more as carriers convert to 5G technology. 66. At the time the SB 1004 fee structure was adopted, the legislature had before it the Legislative Budget Board fiscal note prepared for the House of Representatives noting that the bill could result in loss of right-of-way and similar fees to municipalities estimated at more than$800 million annually. 67. Nevertheless, the legislature passed the bill initiating a significant annual wealth transfer from Texas cities to private telecommunications companies of as much as hundreds of millions of dollars each year. 3. Earlier legislation is carefully crafted so that municipalities retain legislative powers relating to right-of-way management 68. Each Texas city is vested with "exclusive control over and under the public highways, streets,and alleys of the municipality."TEX.LOCAL GoV T CODE, § 283. This exclusive authority of right-of-way management is consistent with, and an extension of, municipal land-use and zoning authority, which is exercised through a statutory framework that provides for public participation, due process, and oversight. TEx. LOCAL GoV T CODE, Chapter 211. 69. Chapter 283 of the Local Government Code, which was designed to accommodate and integrate new entrants to the telecommunications system, expressly recognizes that the management of rights-of-way is a delegated legislative function that typically is vested in the municipalities of the state: It also declares that it is the policy of this state that municipalities: McAllen, et al v. State Page 10 of 27 Second Amended Petition 87 . . .. retain the authority to manage a public right-of-way within the municipality to ensure the health, safety, and welfare of the public . . . TEx.LOCAL Gov'T CODE § 283.001 (b). 70. Consistent with this fundamental governmental policy, chapter 283 expressly provides that cities retain such powers in their consideration of applications for use of the right- of-way: A municipality may exercise those police power-based regulations in the management of a public right-of-way that apply to all persons within the municipality. A municipality may exercise police power-based regulations in the management of the activities of certificated telecommunications providers within a public right-of-way only to the extent that they are reasonably necessary to protect the health, safety, and welfare of the public. TEx.LOCAL Gov'T CODE § 283.056 (c). And, In the exercise of its lawful regulatory authority, a municipality shall promptly process each valid and administratively complete application of a certificated telecommunications provider for any permit, license, or consent to excavate, set poles, locate lines, construct facilities, make repairs, affect traffic flow, obtain zoning or subdivision regulation approvals, or for other similar approvals, and shall make every reasonable effort to not delay or unduly burden that provider in the timely conduct of its business. TEx. LOCAL Gov'T CODE. § 283.056(d) (emphasis added). 71. Chapter 283 treats the legislative function of right-of-way management and related permitting processes as necessarily entailing three interrelated aspects: (1) Safety of the structure to be placed within municipal right-of-way with respect to the construction required to install the structure and its operational safety, TEx. LOCAL Gov'T CODE. § 283.056; (2) Receipt of compensation for the use of right-of-way, TEx. LOCAL Gov'T CODE. § 283.051; and (3) Determining the suitability of sites for property in or along right-of-way in terms of the health, safety, and welfare of the public through proper land-use controls, TEx. LOCAL Gov'T CODE. § 283.056. McAllen, et al v. State Page 11 of 27 Second Amended Petition 88 4. SB 1004,in contrast to past legislative practice,is drafted to transfer municipal legislative authority over right-of-way management to private companies 72. As with chapter 283 of the Texas Local Government Code, SB 1004 expressly recognizes that the management of right-of-way is a delegated legislative function concerning the health, safety, and welfare of the public that typically is vested in the municipalities of the state. TEX.LOCAL Gov'T CODE§§ 284.001(a)(2); (c)(2). 73. Like chapter 283, SB 1004 recognizes that the legislative function of right-of-way management and related permitting processes necessarily entails three interrelated aspects: (1) Safety of the structure to be placed within municipal right-of-way with respect to the construction required to install the structure and its operational safety, TEX. LOCAL Gov'T CODE §§ 284.102, .108, .110, and 153; (2) Receipt of compensation for the use of right-of-way TEX. LOCAL Gov'T CODE §§ 284.053, .0541; and (3) Control over zoning and land use, TEX. LOCAL Gov'T CODE §§ 284.001(a)(2), .104, and .105. 74. In contrast with Chapter 283, however, which vests municipalities with authority to apply land-use controls as part of the permitting process. SB 1004, by contrast, vests decision- making authority with respect to land-use considerations with the wireless provider. In terms of promoting and preserving the health, safety and welfare of the public, a selection of a site for the placement of telecommunications equipment cannot be made properly without due consideration of the land-use aspects implicated in such site selection. Indeed, SB 1004 delineates certain land- use-related limitations on site selection, i.e., relative proximity of parks and residential areas, and location within historic or design districts. TEX. LOCAL Gov'T CODE §§ 284.104, .105. Beyond that, however, SB 1004 vests ultimate responsibility for the adequate consideration of the public 1 As discussed elsewhere,see e.g. ¶¶73, 82,infra,the chapter 283 system of market-based compensation is replaced in chapter 284 with a system of merely token compensation. McAllen, et al v. State Page 12 of 27 Second Amended Petition 89 health, safety, and welfare implications of site selection with the telecommunications providers rather than with the municipalities. The providers select their desired sites, and the application review for those sites cannot include municipal-zoning review or land-use approvals. TEx.LOCAL Gov'T CODE§§ 284.101(a). 75. In a word, SB 1004 expressly takes the public right and obligation to manage right- of-way with adequate consideration of zoning and land-use needs from the municipality, and vests such decision making with telecommunications providers, whose applications must be approved without analysis of land-use matters from a public perspective. TEx. LOCAL Gov'T CODE §§ 284.101(a). 76. Accordingly, SB 1004 represents an overly broad delegation of legislative authority to private entities, in violation of article II, section 1, and article III, section 1, of the Texas Constitution. C. Constitutional Framework 1. Prohibition against gifts to private corporations 77. In the period following the Civil War many Texas cities gave financial aid to railroads in order to entice the railroad to come through their community and thus to provide those cities with a commercial advantage. The railroads were not always constructed, and, even if they were, the anticipated advantages to the cities did not always materialize. In response to this situation, and to prevent its reoccurrence,the framers of the 1876 Constitution included article XI, section 3, which provides, in part: No county, city, or other municipal corporation shall hereafter . . . make any appropriation or donation to [any private corporation or association] . .. TEx. CONST., art. XI, § 3. McAllen, et al v. State Page 13 of 27 Second Amended Petition 90 78. Additionally, the framers of the 1876 Constitution adopted article III, section 52, which prohibited the legislature from approving legislation such as SB 1004 that would authorize or direct a city to make a gift or grant to a corporation. That section provides in part: (a) Except as otherwise provided by this section, the Legislature shall have no power to authorize any county, city, town or other political corporation or subdivision of the State to lend its credit or to grant public money or thing of value in aid of, or to any individual, association or corporation whatsoever, . . TEx. CONST., art. III, § 52. 79. SB 1004 not only authorizes cities to make a prohibited grant of a thing of value to a private corporation, it requires it. Specifically, the legislation requires cities to permit network providers to use public rights-of-way to locate network nodes, TEx.Loc. Gov'T CODE, § 284.151 (except as permitted by chapter 284, a city may not prohibit,regulate, or charge for the installation or location of network nodes in a public right-of-way and may not institute a moratorium on permitting such nodes), and it limits payment to the city for the use of those rights-of-way to an annual rate of not more than $250 per node when the negotiated market rate ranges from $1,500 to $2,500. In other words, SB 1004 requires Texas cities to permit private corporations to use the public right-of-way for a steeply discounted price between one-tenth and one-sixth of its actual value. This is a grant of public money or thing of value prohibited by article III, section 52. Similarly,it is a prohibited donation under article XI, section 3. This amounts to a massive,multi- million-dollar gift to private corporations from the cities of Texas. With the advent of 5G technology and the increased demand for more small cells, the size of the gift may amount to hundreds of millions of dollars. And the gift continues year after year. 80. While cities are prohibited from making a gift to a private corporation, the constitution does not prohibit purchases of goods or services where the payment to or from the McAllen, et al v. State Page 14 of 27 Second Amended Petition 91 government is based on the value received. For example, cities purchase all types of goods (e.g., automobiles, street paving material, office supplies, etc.) from vendors at market-value prices. 81. There are instances, though, where the transaction between the government and private enterprise does not clearly fit the standard mode of a purchase at a price that is recognized as reflecting value received. For those instances, Texas law has developed to recognize that some public benefits to private corporations are constitutionally permitted if they serve a legitimate public purpose and provide a clear public benefit in return. E.g., Texas Municipal League Intergovernmental Risk Pool v. Texas Workers'Compensation Comm'n, 74 S.W.3d 377,383 (Tex. 2002)("TML"). "A three-part test determines if a statute accomplishes a public purpose consistent with [article III,] section 52(a)." Id. at 384. "Specifically, the Legislature must: (1) ensure that the statute's predominant purpose is to accomplish a public purpose,not to benefit private parties; (2) retain public control over the funds to ensure that the public purpose is accomplished and to protect the public's investment, and (3) ensure that the political subdivision receives a return benefit." Id. 82. SB 1004 does not meet the three-part test that might avoid the constitutional prohibition of article III, section 52. Failure to satisfy any one of the three parts of the test is fatal. 83. SB 1004 does not meet the first prong of the three-part test, which requires that the predominant purpose is to accomplish a public purpose rather than to benefit private parties. Section 284.001, enacted by SB 1004, does contain findings that network nodes are instrumental to increasing access to advanced technology and information and that expeditious processes and reasonable terms and conditions for access to the public right-of-way further the interest in having a reliable wireless network. TEx. Loc. Gov'T CODE, § 284.001(1) and (5). While carriers undoubtedly would like to have a statutorily imposed rental rate that is far below fair-market value, there is no legislative finding or evidence that carriers have been prevented from creating their McAllen, et al v. State Page 15 of 27 Second Amended Petition 92 wireless networks by the free-market economy. Indeed, carriers have been installing thousands of cells in cities at the upper end of market rates,which makes it difficult to contend that the necessity of paying fair value is a barrier to the development of the networks. Unless the existing system operates as a barrier, the "predominant" effect, and presumably the purpose, of the establishment of a far-below-fair-market-value is to benefit the private corporations, not the public. 84. Further, while the public right-of-way is a convenient location for network nodes, nodes can generally be placed on private property such as the side of a building located immediately adjacent to the right-of-way. Making a gift of the use of the public right-of-way frees network providers from the operation of the free market and deprives the private property owners of the opportunity to rent space to host network nodes. This public subsidy undermines the free market system and deprives the private landowners of the value of their property, which is not consistent with public policy. 85. The predominant purpose of SB 1004 is to benefit private parties, not to convey a public benefit. Thus, the statute does not meet the first prong of the three-part TML test. 86. SB 1004 also does not meet the second prong of the three-part test, which requires that the local government retain control to ensure that the public purpose is accomplished. While the statute directs maximum rates for use of the public right-of-way and specific deadlines for permitting decisions, all of which benefits the network carriers, there is nothing in the statute to mandate continued oversight to ensure that the public purpose is accomplished. The statute provides great detail on the cities' obligations to the wireless providers, but there is nothing in the Act that provides for the cities' or the state's continued oversight of the carriers' actions to ensure that they act for the public's benefit. Even if we are to assume that development of the wireless system is the predominant purpose and represents the benefit to the public, there is nothing in the Act to establish measurable benchmarks for the development of the system,nothing to ensure that McAllen, et al v. State Page 16 of 27 Second Amended Petition 93 underserved areas rather than simply the most profitable areas are served, nothing to ensure that the publicly subsidized nodes are available for the public rather than, in some cases,perhaps being reserved for private users, or anything else to ensure that public purpose is accomplished. In the absence of such statutorily provided oversight, the statute does not satisfy the Supreme Court's test. 87. The third part of the test is to ensure that the political subdivision receives a return benefit. This is often phrased as ensuring that there is adequate consideration. Here,the cities are limited to roughly ten to sixteen percent of market value with no additional benefit to compensate for the lost revenue. 88. SB 1004 finds that the rates imposed by the statute are "fair and reasonable" and in compliance with federal law (47 U.S.C. § 253) that prohibits rates that have the effect of prohibiting the ability of any entity to provide telecommunications service. The SB 1004 rates, though, are not only well below the rates that would be charged in a free market environment,they are also a fraction of the rates the state is free to charge for the same services. The legislature was careful to require cities to provide a major subsidy to these private enterprises, while, at the same time, leaving the state free to charge market rates for the use of its rights-of-way. Presumably, if it is fair and reasonable for the state to charge market rates,it is difficult to understand how limiting cities to a small fraction of those rates can also meet the standard of fairness and reasonableness. 89. SB 1004,so long as it is not enjoined and not declared to be unconstitutional,directs city officials, such as Mayor Darling,to give away city resources and,by doing so,to violate article XI, section 3, of the Texas Constitution. 90. Similarly, until SB 1004 is enjoined and declared to be unconstitutional, city taxpayers, such as Jim Darling, in his individual capacity, are injured by the city's gift of public resources to private corporations. Even if the statute is subsequently declared to be invalid, the McAllen, et al v. State Page 17 of 27 Second Amended Petition 94 cities, their officials, and their taxpayers are irreparably injured. The opportunity to negotiate a market rate prior to the installation of any nodes is lost. Further, even if it is possible to recover the difference between the ultimately determined rental rate and the $250 per node authorized by SB 1004, the recovery will likely be in a subsequent fiscal year so that the opportunity to have an immediate favorable impact on the city's finances and on its taxpayers in current fiscal years is lost. 91. SB 1004 by mandating that cities make a gratuitous grant of its property to a private business enterprise violates the Texas Constitution, and, under Texas law, a violation of constitutionally guaranteed rights inflicts irreparable injury warranting injunctive as well as declaratory relief. 2. Prohibition against certain delegations of legislative power to private corporations 92. In establishing the government of the state, the people delegated the powers of the government to the legislative, executive, and judicial departments: The powers of the Government of the State of Texas shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit: Those which are Legislative to one; those which are Executive to another, and those which are Judicial to another; and no person, or collection of persons, being of one of these departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted Tex. Const. art. II, § 1. 93. The Legislature is authorized to delegate legislative powers to local governments, administrative agencies, and private entities. As Texas courts have recognized, delegations of legislative power can be both necessary and proper in certain circumstances, such as, for example, with the delegation of power to private entities to promulgate certain industrial and professional standards. McAllen, et al v. State Page 18 of 27 Second Amended Petition 95 94. By the same token, Texas courts have also recognized that delegations to private entities raise more troubling issues than do delegations to public bodies and that they are therefore subject to more stringent requirements and less judicial deference than public delegations. As the Supreme Court has stated: [P]rivate delegations clearly raise even more troubling constitutional issues than their public counterparts. On a practical basis, the private delegate may have a personal or pecuniary interest which is inconsistent with or repugnant to the public interest to be served. More fundamentally, the basic concept of democratic rule under a republican form of government is compromised when public powers are abandoned to those who are neither elected by the people, appointed by a public official or entity, nor employed by the government. Thus, we believe it axiomatic that courts should subject private delegations to a more searching scrutiny than their public counterparts. Texas Boll Weevil Eradication Found., Inc. v. Lewellen, 952 S.W.2d 454, 469 (Tex. 1997). 95. Texas courts have developed a balancing test containing eight factors to determine whether a particular delegation of legislative power to a private delegate is constitutional. These factors are stated as follows: 1. Are the private delegate's actions subject to meaningful review by a state agency or other branch of state government? 2. Are the persons affected by the private delegate's actions adequately represented in the decision making process? 3. Is the private delegate's power limited to making rules, or does the delegate also apply the law to particular individuals? 4. Does the private delegate have a pecuniary or other personal interest that may conflict with his or her public function? 5. Is the private delegate empowered to define criminal acts or impose criminal sanctions? 6. Is the delegation narrow in duration, extent, and subject matter? McAllen, et al v. State Page 19 of 27 Second Amended Petition 96 7. Does the private delegate possess special qualifications or training for the task delegated to it? 8. Has the Legislature provided sufficient standards to guide the private delegate in its work? Texas Boll Weevil Eradication Found. 952 S.W.2d at 472. 96. SB 1004 vests the legislative power of zoning and land use as it applies to right-of- way management with private parties. When considered through the lens of the eight-part balancing test, it is abundantly clear that the delegation to private entities of the legislative authority to manage the right-of-way by making land-use decisions that typically require application of the processes set out in Local Government Code chapter 211, violates article II, section 1, and article III, section 1, of the Texas Constitution. 97. Specifically, with respect to the zoning and land-use aspects of right-of-way management: (a) The actions of the telecommunications providers, as private delegates of legislative authority, are not subject to meaningful review by a state agency or other branch of government; (b) The members of the public that will be most affected by the private delegates' actions are not adequately represented in the decision-making process; (c) The private delegate is applying the law to its individual,pecuniary interest rather than making rules of general application; (d) The private delegates have a pecuniary or other personal interest that may conflict with their public functions; (e) The delegation is not narrow in duration, extent, or subject matter; McAllen, et al v. State Page 20 of 27 Second Amended Petition 97 (f) The private delegates do not possess special qualifications or training in municipal land planning or right-of-way management; and (g) The legislature has not provided sufficient standards to guide the private delegate in its work. 98. SB 1004, so long as it is not enjoined and not declared to be unconstitutional directs city officials, such as Mayor Darling, to relinquish properly delegated municipal authority to manage the right-of-way for the health,safety, and welfare of the public to private delegates whose pecuniary interests most likely will conflict with the public's interests, and who do not have the expertise to manage public right-of-way for the benefit of the public.As such, SB 1004 directs city officials, such as Mayor Darling, to violate their obligations to promote and preserve the safety of the public under their respective city charters, chapter 211 of the Texas Local Government Code, and chapter 311 of the Texas Transportation Code, and, by doing so, affirmatively participate in the violation of article II, section 1, and article III, section 1 of the Texas Constitution. 99. SB 1004 by mandating that municipalities cede their properly delegated authorities that are necessary for right-of-way management in the interest of public health, safety,and welfare of the public violates the Texas Constitution,and under Texas law,is a violation of constitutionally guaranteed rights that inflicts irreparable injury warranting injunctive relief. VI. CAUSES OF ACTION 100. Paragraphs 1-93 are incorporated by reference as though fully restated in support of each of the following causes of action. A. Declaratory Judgment—SB 1004 Violates the Texas Constitution 101. The Uniform Declaratory Judgments Act ("UDJA") is remedial, and intended to settle and afford relief from uncertainty and insecurity with respect to rights under a statute, and must be liberally construed to achieve that purpose. McAllen, et al v. State Page 21 of 27 Second Amended Petition 98 102. The UDJA waives the sovereign immunity of the state and its officials in actions that challenge the constitutionality of a statute and that seek only equitable relief. 103. Pursuant to the UDJA, Plaintiffs request a declaratory judgment of the Court, as follows: a. That SB 1004, in its requirement set out in section 284.053 of the Texas Local Government Code that cities permit private corporations to use the public rights-of-way at significantly below market value rates, impermissibly authorizes and requires cities to make a gift or grant in violation of article III, section 52(a), of the Texas Constitution; b. Cities complying with the statutory direction will violate article XI, section 3, of the Texas Constitution as they will be making a prohibited donation to a private corporation; c. Section 284.053 of the Texas Local Government Code is unconstitutional and unenforceable; d. SB 1004, in delegating legislative powers of managing right-of-way through proper zoning and land-use controls to private corporations such that the corporations are entitled to make land-use decisions without meaningful guidance, public process, or oversight is an impermissible delegation of legislative power in violation of article II, section 1, and article III, section 1, of the Texas Constitution; e. Cities complying with the statutory direction violate article II, section 1, and article III, section 1, of the Texas Constitution as they will be affirmatively participating in an unconstitutional delegation of municipal legislative authority. f. Sections 248.101(a) and 248.154(c) are unconstitutional and unenforceable. B. Injunction 104. For the reasons set forth in paragraphs 1-93, SB 1004 violates the state constitution. 105. Plaintiffs are entitled to a permanent injunction enjoining enforcement of section 284.053 of the Texas Local Government Code pending a decision on a permanent injunction and declaratory judgment. Section 284.053 is invalid as being enacted in contravention to the express denial of authority to the legislature to permit or require cities to make gifts or grants to private McAllen, et al v. State Page 22 of 27 Second Amended Petition 99 corporations. Accordingly, the statute is void. The state, by enacting SB 1004 and subjecting plaintiffs to its requirements, is directing plaintiffs to violate the Texas Constitution. The forced transfer of property pursuant to an unconstitutional statute is subject to being enjoined without regard to whether there is a legal remedy. Being subjected to, and forced to administer, an unconstitutional statute is necessarily and of itself an irreparable injury.Further,there is irreparable injury to the cities and their citizens,which potentially face the grossly inadequately compensated use of their property prior to having an opportunity for a merits decision on the constitutionality of the statute. Plaintiffs are therefore entitled to a temporary and ultimately to a permanent injunction against enforcement of the unconstitutional statute. 106. Plaintiffs are entitled to a permanent injunction enjoining enforcement of sections 248.101(a) and 248.154(c) of the Texas Local Government Code pending a decision on a permanent injunction and declaratory judgment. Sections 248.101(a) and 248.154(c) are invalid as being enacted in contravention to the denial of authority to the legislature to make delegations of legislative authority to private actors such that the private delegates are neither constrained before they act by meaningful standards nor made accountable after they act by administrative, judicial, or popular review. Accordingly, the statute is void. The state, by enacting SB 1004 and subjecting plaintiffs to its requirements, is directing plaintiffs to violate the Texas Constitution. The improper delegation of legislative authority pursuant to an unconstitutional statute is subject to being enjoined without regard to whether there is a legal remedy. Being subjected to, and forced to administer, an unconstitutional statute is necessarily and of itself an irreparable injury. Further, there is irreparable injury to the cities and their citizens,which potentially face the substantial and detrimental consequences of the implementation of land-use decisions in public right-of-way which are made by actors who have pecuniary interests that often most likely will conflict with the promotion of the health, safety, and welfare of the public, and which will not be made by persons McAllen, et al v. State Page 23 of 27 Second Amended Petition 100 or entities with specialized knowledge of public right-of-way management, and which will not be subject to meaningful review. Plaintiffs are therefore entitled to a temporary and ultimately to a permanent injunction against enforcement of the unconstitutional statute. VII. CONDITIONS PRECEDENT 107. All conditions precedent have been performed or have occurred. VIII. ATTORNEY'S FEES 108. As a result of the actions complained of herein, Plaintiffs have had to engage qualified counsel to prosecute this action and has incurred, and will continue to incur, reasonable and necessary attorney's fees. Plaintiffs are therefore entitled to recover these fees pursuant to Chapters 37, of the Texas Civil Practice and Remedies Code. IX. REQUEST FOR DISCLOSURES 109. Pursuant to Texas Rule of Civil Procedure 194.2, Plaintiffs hereby request that Defendants make the disclosures identified in Tex. R. Civ. P. 194.2(a-i) and (1) within fifty (50) days of the service of this Petition. PRAYER FOR THESE REASONS, Plaintiffs request that Defendants be cited to appear and answer and, on final trial that Plaintiffs have judgment against Defendants for: 1. The declaratory relief requested herein; 2. A temporary and permanent injunction; 3. Attorney's fees; 4. Litigation costs; 5. Such other and further relief, at law and in equity, to which the Plaintiffs may show themselves entitled. McAllen, et al v. State Page 24 of 27 Second Amended Petition 101 Respectfully submitted, By: /s/C. Robert Heath C. ROBERT HEATH Texas Bar No. 09347500 bheathgbickerstaff.com GUNNAR P. SEAQUIST Texas Bar No. 24043358 gseaquistgbickerstaff.com GREGORY D. MILLER Texas Bar No. 24046443 _mg illergbickerstaff.com BICKERSTAFF HEATH DELGADO ACOSTA LLP 3711 S. MoPac Expressway Building One, Suite 300 Austin, Texas 78746 Telephone: (512) 472-8021 Facsimile: (512) 320-5638 McALLEN CITY ATTORNEY'S OFFICE P.O. Box 220 1300 Houston McAllen, Texas 78505-0220 Telephone: (956) 681-1090 Facsimile: (956) 681-1099 KEVIN D. PAGAN City Attorney Texas Bar No. 15406460 kpagan(d),mcallen.net AUSTIN WADE STEVENSON Assistant City Attorney Texas Bar No. 24085961 astevensongmcallen.net McAllen, et al v. State Page 25 of 27 Second Amended Petition 102 ISAAC J TAWIL Assistant City Attorney Texas Bar No. 24013605 itawil(oDmcallen.net LAW OFFICES OF SNAPPER L. CARR 816 Congress Avenue, Suite 370 Austin, Texas 78701 Telephone: (512) 637-6020 Facsimile: (512) 637-6021 SNAPPER L. CARR Texas Bar No. 24035433 Snapper@focusedadvocacy.com Attorneys for Plaintiffs DARLING LAW OFFICE P.O. Box 5489 McAllen, Texas 78502-5489 Telephone: (956) 681-1003 Facsimile: (956) 681-1010 JAMES E. "JIM"DARLING Texas Bar No. 05386000 d� arling(ab,mcallen.net Pro Se for Plaintiff Jim Darling in His Individual Capacity McAllen, et al v. State Page 26 of 27 Second Amended Petition 103 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing document has been served via electronic filing service provider and via email to all parties of record on this the 291h day of March, 2019. DREW L. HARRIS JEFFREY E. FARRELL Assistant Attorneys General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-4225 Facsimile: (512) 320-0667 drew.harrisgoa..texas.gov j effrey.farrell(a�oag.texas.gov ATTORNEYS FOR DEFENDANT /s/C. Robert Heath C. ROBERT HEATH McAllen, et al v. State Page 27 of 27 Second Amended Petition 104 EXHIBIT 1 AFFIDAVIT State of New York ) County of 6►j R 6 R 6 The undersigned affiant, Ken Schmidt, being first duly sworn, hereby deposes and says: 1. My name is Ken Schmidt. I reside in the Syracuse, New York, area. I am over the age of eighteen and capable of making this affidavit. The statements in this affidavit are true and correct and within my personal knowledge. To the extent they reflect expert opinion, they are based on facts or data that I have been made aware of,reviewed,or personally observed and reflect facts and data that would reasonably be relied on by experts in the field. 2. Attached as Exhibit A to this affidavit is a true and correct copy of my professional resume that reflects my educational and professional background. To briefly summarize material in the resume, 1 have worked in the wireless industry for twenty years. From 1997-2004, 1 worked at a small tower company, and then provided site acquisition services to wireless companies. In 2004, 1 started Steel in the Air,Inc. which provides wireless-infrastructure- lease-related services to landowners and small-tower owners across the United States. I am the president and owner of that company. Since 2004, we have advised over 3,500 landowners, including cities, corporations, and individuals, regarding valuation questions related to wireless-infrastructure leases. We have collected lease-rate data on approximately 10,000 wireless leases which include all types of leases in every state in the United States. Steel in the Air and I have been recognized as experts in the field of lease valuation by our peers, in national and local publications, and by courts of law. I am also a Partner in SteelTree Partners, LLC and have provided valuation services and sell-side 1106 advisory service to many clients regarding over $1.5 billion dollars of communication infrastructure assets. 3. Nearly 20 years ago,I started collecting publicly and privately available tower location and lease data. When I formed Steel in the Air, I believed that strong data was paramount to our being able to advise landowners and tower owners effectively. Over that timeframe, we have collected lease data through news stories, public records requests, industry sources, and client-provided information. We maintain one of the most comprehensive wireless infrastructure databases in the United States which is not owned by a wireless company or tower company. 4. Specifically related to small-cell and Distributed-Antenna-System (DAS) leases, my company has conducted hundreds of hours of research regarding small cell and DAS-node lease agreements including making public records requests to various public entities over the last three years. 5. Earlier this year, I testified as an expert before the Florida Legislature on behalf of the Florida League of Cities and the Florida Association of Counties regarding similar small- cell legislation in Florida. In part through the Florida engagement I became aware of the effort by the industry, led by the Wireless Infrastructure Association in conjunction with the American Legislative Exchange Council (ALEC) to enact legislation in multiple states to provide relatively consistent procedures and fee structures for obtaining the use of public rights-of-way and to require local governments to permit use of their rights-of-way at far- below-market rates. 6. In preparation for making this affidavit, I have reviewed SB 1004, which enacted chapter 284 of the Texas Local Government Code. roe 7. Section 284.053 of the Texas Local Government Code sets a maximum annual rental rate of$250 per network node located in a city's right-of-way. The term "network node" is defined so that it includes both small cells and DAS but does not include macrocells or cell towers. 8. A macrocell is what most people think of when considering cellular antennas and cell service. Multiple macrocells may be placed on a single structure such as a cell tower. Cell towers are typically 50' or taller towers containing multiple antennas that have been used to provide cell phone service for more than two decades. Small cells, conversely, as their name suggests,are much smaller in size and coverage area than a macrocell or a cell macro tower, will become much more numerous, and can often be found on poles used for street lights, traffic lights, street signs, and poles of similar height. A small cell typically is utilized exclusively by one wireless company, while a distributed-antenna system or DAS can receive and transmit signals from multiple wireless service providers. As noted above, both small cells and DAS are included in the statute's definition of network node. 9. To determine a fair market value for the use of municipal right-of-way by a wireless provider to locate a small-cell or DAS network node, I looked at data from 50 cities in 25 states. The pole attachment fees went from $200 to as high as$13,200 per year. In Texas, the rates ranged from $1,000 to $2,400 per year. 10. 1 tried to make an apples-to-apples comparison by using rates for attachment to an existing pole. For example, in Houston, the Master License Agreement for Wireless Facilities and Poles in the Right-of-Way provides a 2016 annual per pole fee of$2,700 if the licensee will be placing its own pole in the right-of-way and $2,000 if it is attaching to an existing utility pole. For Houston, I used the lower $2,000 fee for attaching to an existing pole. 1 T08 Similarly, in determining average fees, I looked solely at the fees on a city-by-city basis rather than weighting the fees by the number of cells in each city. Larger cities tend to be on the higher end of the annual rental rates and generally have the highest number of node locations. If I had weighted the average by the number of locations, the average would have been higher. 11. I determined that the average annual per pole rate in the 50 cites in our small ce1VDAS data base is $2,388 per pole per year. 12. The average rate for the six cities in Texas in the data base is $1,733 per pole per year. 13. Looking at the complete sample and discarding the extremes on both the high and low end, It is my opinion that fair market value for attaching a network node to a pole in a municipal right-of-way will fall within the range of$1,500 to $2,500. 14. The $250/year rate for pole attachments is substantially below fair market value. It is 10.4% of the average rate that was negotiated at arm's length between U.S. cities and counties and wireless service providers in our data,and 14%of the average of Texas public cities. 15. If one considers the $1,50042,500 range for fair market value, the $250 rate represents one-tenth to one-sixth of fair market value or 10% to 16.7% of fair market value. 16. Because of the statute's requirement that Texas cities make city-owned poles in their rights- of-way available to the network providers at a rate that is substantially below fair market value,there will be an obvious negative impact on municipal finances. It will also have an impact on other entities. 17. The reduced rental rate for network nodes on poles in municipal rights-of-way would have a negative effect on the ability of private property owners to rent space for small cells and i6 DAS. These nodes can be and would likely be located on building roofs, the sides of buildings and similar outdoor locations. In my experience, private small cell leases between property owners and wireless companies traditionally range from $4,200 per year to $8,400 per year. By establishing such a low and far-below market rate for small cell leases in the public right-of-way, Texas will largely eliminate the use of private property for small cells. In my experience, very few, if any, private property owners would be willing to lease their property to wireless service providers for rates anywhere near $250/year. Thus, by subsidizing the wireless service providers on public right-of-way, private landowners as a whole in Texas will see significantly less interest for small cells on their land or buildings and as a result, will realize measurably less income. 18. An effect of the requirement that Texas municipalities permit the use of poles within their rights-of-way at extremely low rental rates is likely to be that the residents of Texas cities will be subsidizing the wireless rates paid by consumers in other states that do not have artificial barriers to what can be charged wireless providers. Specifically,the large wireless companies—e.g., AT&T, Sprint, T-Mobile, and Verizon—do not charge geographically based rates. Rates are consistent throughout the United States regardless of what may be higher underlying costs of operating a network in other areas. By setting low rates in Texas that are as much as five or more times lower than what municipalities in other states without similar legislation charge.. Texas consumers are fundamentally subsidizing service for customers in other states. Alternatively, Texas cities are subsidizing wireless service provider profits in an already very profitable industry. 19. While the ability to use poles within the public right-of-way at a statutorily set rate that is far below fair market value undoubtedly benefits the wireless service providers, it is ; '(10 unlikely that the absence of a rate cap on the use of the right-of-way would materially prevent or slow down the expansion of the wireless network. Wireless providers are expanding the small cell network not just because they hope to offer advanced services, but to reduce their operating costs and to increase capacity for more profitable services like consumer video. Additionally, the cost of the use of the right-of-way is minuscule when considered in the context of the revenue currently generated by the network. The wireless industry in 2016 generated $188 billion in service revenue according to industry trade organization CTIA's 2016 Wireless Industry Survey. Paying fair market value for small cell infrastructure rights would not create a barrier to entry. Assuming $2,000 per year per pole and 100,000 poles in the State of Texas, the "burden" on the wireless industry would be $200 million per year, or one-tenth of one percent of the wireless industry's combined service revenue. This assumes that the wireless industry would not be capable of generating additional service revenue from deployment of this infrastructure, which is clearly not the case as demonstrated by numerous comments to the contrary during nearly every wireless company quarterly earnings call. To the contrary, there is every reason to believe that the wireless providers would still generate positive net revenue by paying the level of right-of-way rental rates they were paying before SB 1004. Wireless service providers have deployed over 2,000 small cells in New York City despite New York having rates that are above average at $3,000 per pole. Even at $2,000 per pole, the City of Houston still received 700 plus applications for small cells in 2016. There is no reason to believe that paying market rates for the use of public property of Texas cities will delay or hinder the development of the wireless network. 6 111 20. SB 1004 does not provide for cities or the state to have continuing control over the use of the subsidized nodes placed in the municipal right-of-way to ensure that the public is being served as such service is contemplated in the lengthy preamble of the legislation. For example, there is nothing in the Act to preclude dedicating some nodes to purely private use by individual customers rather than being available to the public. Similarly, there is nothing to give cities the ability to see that the subsidies to the network are used to bring "reliable wireless networks and services" to areas of greatest public need such as traditionally underserved areas. There is no assurance that the public will be provided cost effective access to "next-generation services" or that the wireless service providers won't deploy small cells solely to maintain more favorable cost structures for existing generation services. There is no methodology for either the state or cities to ensure that the wireless service providers will deploy infrastructure that will "help ensure that this state remains competitive in the global economy." Furthermore, there is no ability to confirm over time that the nodes were deployed in a method that "protect and safeguards the health, safety, and welfare of the public". As written, SB 1004 has almost no checks and balances necessary to assure that wireless service providers don't simply install network nodes where it is most economically advantageous to them while ignoring the areas where it would be most beneficial to serve the public or that would further Texas' stated policy objectives in passing this legislation. Signed this the Z2 day of 6 U Sr' , 2017. KF-T,rSCHMfDT 7 112 Sworn to before me this day of , 2017. MARCY J KLIPPEL Notary Public-State of New York NO.01KL61S63U Oualdled in Onondaga County otary Public My Commission Egirn Dec 19,2017 My Commission expires: B 113 EXHIBIT A Ken Schmidt 16001 Waterleaf Lane, Ft. Myers, FL 33908 Phone: (813) 335-4766 Email: ken(a_steelintheair.com PROFESSIONAL EXPERIENCE: Steel in the Air, Inc. Fort Myers, FL 01/2004 - Current President/Owner • Started Cell Tower Consulting Firm specialized in due diligence, cell tower tenant and ground lease negotiations • Provided fair market value analysis for cell site leases for over 2,700 clients nationwide in the course of 10 years • Created online Competitive Analysis GIS mapping service for clients to use in evaluation of potential tower sites and acquisition of cell towers and or ground leases • Established nationwide database of 250,000 cell site locations and 8,500 cell site leases • Enlisted to provide due diligence and competitive analysis services by multiple tower companies including projections of potential lease up and document review • Provide sale side advisory services as a partner in SteelTree Partners for the sale of over$800,000,000 in tower assets over 10 years • Retained regularly by Investment Analysts to review and analyze the public tower companies and the current state of the market • Formulated process for initial evaluation of any tower site in the US to determine its uniqueness/value as a wireless communication facility Cell Tower Attorney New York, NY and Fort Myers, FL 01/2007 - Current Partner • Started Cell Tower Law Firm specialized in cell tower lease related legal issues. • Provided legal guidance on cell site lease related issues for over 500 clients nationwide in the course of 6 years Horizon Site Services, Inc. Tampa, FL 01/2000 to 01/2004 General Manager(01/2001) • Responsible for coordinating of due diligence, database accuracy, and general business development for due diligence, site acquisition, and zoning projects • Developed proprietary GIS (Geographical Information Systems) database of communications towers and established a clientele of tower companies and wireless carriers for custom mapping applications and lease up analysis • Performed Project Management of site acquisition and zoning for 300 site build for Nextel in Atlanta, Georgia • Established and maintained of positive working relationship with clients & contractors. Site Acquisition and Zoning Manager(01/2000) • Performed Project Management of site acquisition and zoning for 100 site build for Voicestream Wireless in St. Louis, Missouri • Managed field agents to accomplish the required tasks including preliminary site drives, zoning analysis, construction caravans, leasing and final zoning through permit 115 Ken Schmidt 16001 Waterleaf Lane, Ft. Myers, FL 33908 Phone: (813) 335-4766 Email: ken(D_steelintheair.com Imperial Tower Leasing, Inc. Tampa, FL 06/2000-01/2003 General Manager/Part Owner • Performed project management for all development activities related to the identification and development of potential communication towers including identifying corridors for suitable for speculative development, RF design, search ring creation, site acquisition and zoning • Formulated Process for determining lease-up potential of prospective build sites • Negotiated development deal for communication towers with large private tower company Broadcast Tower Leasing, Inc. Tampa, FL 01/1998 to 01/1999 General Manager • Developed and executed strategic plan for identification and development of community broadcast towers across the US • Managed engineering, marketing, and all phases of site development for community broadcast facilities • Established strategic relationships and joint marketing agreements with national vendors and key consultants for development of towers up to 2000' tall • Created forecast models for all broadcast tower opportunities including lease-up estimates and cost projections • Managed all external contractors and marketing agents • Recruited, interviewed, hired and trained personnel. Acme Towers, Inc. Tampa, FL 01/1997 to 01/1998 Site Acquisition Manager • Managed site acquisition and zoning for Central Florida • Zoned 15 difficult sites in central Florida • Developed and maintained client relationships. EDUCATION & CERTIFICATIONS: University of Florida School of Law Gainesville, FL • Juris Doctorate 1996 Concentration in Construction Law and Bankruptcy Northeast Missouri State University Kirksville, MO • Bachelor of Science- Political Science 1992 Minor in Business Law 116 Ken Schmidt 16001 Waterleaf Lane, Ft. Myers, FL 33908 Phone: (813) 335-4766 Email: ken(D_steelintheair.com INDUSTRY HONORS: • Spoke at the Tower Summit(Industry Conference)twice-"Broadcast Tower Opportunities" and "Cell Tower Due Diligence" • Spoke at 2005 Georgia Association of Assessing Officials Annual Conference—"Cell Tower Valuation and Assessment" • Spoke at 2006 Association of University Real Estate Officials- "State of the Wireless Industry' • Spoke at 2007 Arkansas Appraisers Association Annual Conference- "Cell Tower Valuation and Assessment" • Spoke at 2008 Inside Self Storage Association Conference on "Cell Site Leases for Self Storage: Long-Term, Reliable Income Opportunities" • Spoke at 2009 International Association of Assessing Officials Annual Conference on "Assessing the Value of Cell Towers" • Spoke at 2013 US Navy Appraisers' Annual Appraisal Conference on "Appraisal of Cell Towers" • Retained as Expert Witness in Multiple Cases Involving Cell Tower Valuation and Lease Forecasting Litigation • Regularly Quoted as Cell Tower Expert in Numerous Newspaper Articles including in the Wall Street Journal, New York Times and in Industry Trade Magazines including RCR News and AGL Magazine COMPUTER SKILLS: • Microsoft Office 2013- Powerpoint, Excel, Access,Word, Outlook, CRM Dynamics • Mapinfo, Arclnfo- Geographical Information Systems (Mapping Programs) • Google Earth, Bing Mapping • All Delorme Mapping Products 117 Date: August 9,2019 Report No. 2019-155 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Integrated Pest Management (IPM) supplemental request. BACKGROUND: On May 2, 2019, Parks and Recreation(PARD) staff presented City Council with an updated IPM program and options for implementation. Included with each option was a detailed breakdown of cost estimates. Council approved and directed staff to implement option 2(A) (Exhibit 1) which was to immediately discontinue the use of glyphosate products and supplement turf health with fertilization. The proposed IPM document submitted to Council contained all proposed products for use on parkland as well as descriptors for each in Appendix 1. The only product not originally included in the appendix was Reward, a non-selective herbicide that manages weeds in aquatic areas. This product was added after glyphosate was eliminated to have an aquatic based product available for use if needed. The intent of the additional fertilization was to improve the health of the soil which would promote grass growth. Over time, the results would be a stronger turf that would act as a natural inhibitor to weeds. The process of fertilization is the addition of a substance or supplement to increase the health and fertility of the soil.That substance or supplement could be organic or synthetic in nature. The product used is dependent on the need of the soil on site. As part of the IPM update, PARD contracted Howard Garrett to develop an organic maintenance program for Denia Park. Denia serves as a pilot site for testing organic methods and techniques that could be applied in other areas of the park system. PARD also proposed to re-institute the practice of topdressing turf with Dyno Dirt to supplement the soil naturally. Since City Council direction, Council Member Armintor expressed a desire to continue exploring organic methods for parkland maintenance and has requested additional information on the subject. On June 10, Councilmember Armintor, city staff and local resident Jon Hohman conducted a conference call with representatives from Non-Toxic Neighborhoods (NTN). This conference call discussed how the organization assists municipalities, school districts, and communities switch to fiscally sound,and organic land management.NTN stated their sites save 80 percent in water usage once soil health is achieved. Pending the quality of the soil, this transition can take 18 months to 3 years to achieve. NTN also shared why "green waste" and "bio-solids" are prohibited per their organic standard guidelines. Staff followed up with Council Member Armintor and provided information on bio-solids in comparison with Dyno Dirt products. A summary of the conference call was provided to City Council in the June 21 Friday Report. Council Member Armintor was provided with information in response to additional questions regarding the Texas Women's University(TWU)butterfly garden and the Denia pilot project. Staff 118 Date: August 9,2019 Report No. 2019-155 met with TWU and found that the butterfly garden is not maintenance free,is periodically fertilized with a synthetic product, and uses captured rainwater from a nearby greenhouse. A summary of the site visit at TWU was provided to City Council in the July 12 Friday Report. On July 15tn, Council Member Armintor was also provided with a detailed spreadsheet listing the individual products being used for the Denia organic maintenance plan,the cost for each product,the quantity, the coverage area, and the application schedule for three options developed and recommended by Mr. Garrett. The spreadsheet included a comparison with the park's traditional maintenance plan outlining the same detailed breakdown.Exhibit 2 shows the current organic program schedule with the traditional plan comparison. DISCUSSION: The IPM program is a decision-making process to determine pest levels and tolerance thresholds and combines biological, cultural,physical,and chemical tools to minimize health,environmental, and financial risks.The program takes a holistic approach in maintenance to meet the multi-faceted landscapes, diverse needs, and expectations of park users. Under the updated IPM,Park Maintenance(PM)will apply a more focused approach to improving and maintaining a healthy soil environment that attracts beneficial organisms and promotes a more robust turf which will naturally help to combat both insect and weed pests. Implementing the program will result in additional costs in the beginning but is expected to lower maintenance costs in areas over time. A supplemental package for funding was submitted by PARD based on the information provided to Council in the May 2019 meeting. Analyzing each site and amending the soil as needed will improve grass growth and eventually help to"choke out"weeds. Initially,this will result in the need to increase water usage and mowing of sites. PARD recommended re-introducing the practice of topdressing and using Dyno Dirt as a method of fertilization. The estimated costs is for product that would be used across the entire park system as needed. Dyno Dirt would not be used with synthetic fertilizer but as an alternative.. Regardless of the type of fertilization, watering will be required to set the product. The cost for watering in the supplemental request reflects the rental of water trucks and associated labor to reach Class B parks, non-irrigated parks. The rental costs were based on a 4-5 month use period. The use of captured rainwater would require additional research to assess the feasibility of installing a system such as appropriateness of location, infrastructure (pads, screening, security), equipment (barrels, application tools), and supplies. The improved turf and grass growth will create an increase in needed mowing cycles. As outlined in the IPM presentation(Exhibit 1), Class A park mowing cycles are estimated to increase by four and Class B parks mowing cycles by 12. The costs are based on current contracted pricing and can fluctuate depending on weather conditions. CONCLUSION: The organic maintenance project at Denia Park gives PARD the opportunity to test, monitor, and document the resources and results of an organic maintenance plan. Currently, practices and products such as corn gluten meal, Garrett Juice Pro, lava sand to retain soil moisture, and the 119 Date: August 9,2019 Report No. 2019-155 release of beneficial insects are being used at Denia. This project will subsequently allow PM to more efficiently and effectively implement similar practices across the larger park system. All research and information obtained from referred groups indicate that initial costs of implementing an organic maintenance plan are higher than traditional maintenance practices. As the health of the environment improves, costs associated with watering and product application can be reduced,however,there is differing information on the labor intensiveness of maintenance. The IPM program prioritizes biological, cultural, and physical methods over chemical use. Additionally, IPM takes the added step of setting thresholds for chemical use. This rounded approach allows PARD to take multiple factors such as environmental concerns, user experience, and financial stewardship into account when managing the park system. EXHIBITS: Exhibit 1 Presentation Slide Exhibit 2 Denia Organic Program STAFF CONTACT: Laura Behrens Assistant Director of Parks and Recreation Laura.Behrens@cityofdenton.com REOUESTOR: Council Member Armintor PARTICIPATING DEPARTMENTS: Parks and Recreation STAFF TIME TO COMPLETE REPORT: 3 hours 120 UNITE,GROW • Next Ste I Option 2Alternate IPM Program Option 2(A) — Adopt the alternative IPM program excluding glyphosate Increase Fertilization • Improve health of turf — grass growth naturally inhibits weed growth • Impacts • Additional mowing cycles • Class A — 32 cycles to 36 cycles • Class B — 20 cycles to 32 cycles • Additional materials cost (fertilizer / water trucks) • Increased in weeds / perceived reduction in service levels Sub Product Sub Product Total Total Mowing Fertilizer Labor / Water Truck Spot Spray Broadcast Spot Spray Broadcast Only Only Spray Class A & B Parks Class A & B Parks Class A & B Parks Park System Park System $248,400 $40,000 $80,000 $1,200 $11,500 $369,600 $381,100 5/7/2019 1D 141699 Organic Program C Month Week Item Item Description Acres Units Cost/Unit Quantity Rate Total Cost Cost/Acre Feb 2 Corn Gluten Meal Fert& Pre-em Ballfields/Landscape 654lbs/ac 7 40 Ibs $17.95 114.45 654 $2,054.38 $293.48 Feb 4 Texas 2 Step Common areas/turf/land 11 40 Ibs $16.50 239.53 871 $3,952.16 $359.29 Feb 4 Lava Sand Ball Fields (2 ton/acre) Landscape(1 ton/acre) 7 1 tote $245.00 14.00 50 $3,430.00 $490.00 March 1,2,3,4 Trichogramma Wasps Beneficial Insect Release 10,000 eggs/ac 11 3,000 eggs $2.49 146.67 10,000 $365.21 $33.20 Mar 4 Garrett Juice Pro Ball Fields/Landscape 35g/ac 7 55 gal $718.30 1.00 35 $718.30 $102.61 April 4 Garrett Juice Pro Ball Fields/Landscape 35g/ac 7 May 4 Garrett Juice Pro Ball Fields/Landscape 35g/ac 7 Jun 4 Garrett Juice Pro Ball Fields/Landscape 35g/ac 7 Aug 4 Garrett Juice Pro Ball Fields/Landscape 35g/ac 7 Sep 4 Garrett Juice Pro Ball Fields/Landscape 35g/ac 7 Oct 4 Garrett Juice Pro Ball Fields/Landscape 35g/ac 7 Mar 4 Garrett Juice Pro Trees/Landscape 7 55 gal $718.30 1.00 35 $718.30 $102.61 April 4 Garrett Juice Pro Trees/Landscape May 4 Garrett Juice Pro Trees/Landscape Jun 4 Garrett Juice Pro Trees/Landscape Aug 4 Garrett Juice Pro Trees/Landscape Sep 4 Garrett Juice Pro Trees/Landscape Oct 4 Garrett Juice Pro Trees/Landscape Aug 2 Corn Gluten Meal Ballfields/Landscape 654/ac 7 40 Ibs $17.95 114.45 654 $2,054.38 $293.48 Dec-Jan PureGro Weed Crush Ballfield Transition/c&c/lands beds/playground 2 16 oz $20.00 40.00 16 $800.00 $400.00 As Needed Beneficial Nematodes Fire Ant Control/Grubs As Needed Horticultural Cornmeal Disease Control As Needed PureGro Bug Stop Aphid Control 2 16 oz $20.00 24.00 16 $480.00 $240.00 As Needed Hort Oil Scale As Needed Sick Tree Treatment Winter I Lac Balsam I Wound Paint on Live Oaks and Red Oaks $14,572.73 $2,314.68 *Total cost does not reflect new Sprayer or Spreaders($6,000) *Total cost does not reflect as needed products,such as Beneficial Nematoeds, Molassas,etc. Traditional Program Month Week Item Item Description Acres Units Cost/Unit Quantity Rate Total Cost Cost/Acre Feb 1 5-0-15 Oxidiazon Fields 7 50 lb 27.67 42 300 $1,162.14 $166.02 Feb 1 Pre- Emergent Prodiamine or equal 11 1 gall $357.00 1.80 21 $642.60 $58.42 Feb 1 Glyphosate Post Emergent 11 1 2.5 $35.00 5.50 64 $192.50 $17.50 March 1 28-3-10 SCU Fields 7 1 lb 0.45 1050 150 $472.50 $67.50 May 1 Extinguish Fire Ant Control 18 25 Ibs $6.76 18.00 1 $121.68 $6.76 May, June July 1 46-0-0 Fertilizer 4 apps x 7 acres bermuda transition 28 2000 Ibs $0.43 2800.00 100 $1,204.00 $43.00 Growing Season Fire Ant Control Mound Treatment 18 1 lb $15.00 12.00 $180.00 $10.00 August 3 Pre- Emergent Prodiamine or equal 11 1 gall $357.00 1.80 21 $642.60 $58.42 August 1 Extinguish Fire Ant Control 18 25 Ibs $6.76 18.00 1 $121.68 $6.76 September 1 42-0-0 SCU Fertilizer 7 2000 Ibs $850.00 700.00 100 $1,647.00 $235.29 As needed Misc. Products FA mound treatment/Armyworms/Aphids/Scale $1,000.00 $1,000.00 $7,386.70 $1,669.66 122 Date: August 9, 2019 Report No. 2019-156 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Summary of the process required, benefits, and potential impacts of a multiuse path along the Pecan Creek Drainage Project (PEC-4). PURPOSE: The purpose of this Informal Staff Report is to provide a high-level overview of the benefits, challenges, impacts, and solutions of the potential use of the PEC-4 right-of-way easements for a bicycle and pedestrian pathway. BACKGROUND/DISCUSSION: The PEC-4 project consists of installing approximately 4,700 linear feet of box culverts along the Pecan Creek 4 Upper Tributary between Wainwright and Bernard St. The original Pecan Creek drainage infrastructure was constructed under the Work Progress Administration(WPA)program, initiated by President Roosevelt in 1935. Council Member Davis requested that staff develop a plan to document the historical WPA-era culverts before PEC-4 construction begins. Staff is currently working with the Denton County Office of History and Culture to establish a process for documentation; more information on the documentation plan was provided in the August 2 Friday Report. The proposed box culverts are to be completed in four phases. Phase 1 is scheduled to begin July 2019 and phase 4 is scheduled to be complete by July 2023. The project, once design is complete, is expected to cost approximately $20 million. This cost estimate includes right-of- ways, temporary easements, and all construction costs. Council Member Meltzer inquired about the possibility of installing a multiuse trail- a trail designed for use by pedestrians and cyclists- on the new box culverts and what the process would be to survey property owners about their interest in such a trail. To determine if a multiuse trail could be installed along the proposed box culverts, staff would conduct a feasibility study to determine if the space created by the box culverts would meet engineering requirements for a multiuse trail. The minimum width of a multiuse trail is ten feet; however, Parks and Recreation recommends a minimum of twelve feet.If the minimum width requirements were met,the drainage requirements would then need to be evaluated to ensure that the multiuse trail would be compatible. The City currently has drainage easements along PEC-4 and would need to acquire additional public use easements to include a multiuse trail along the proposed box culverts. Initial assessments by the project manager lead staff to believe that not all segments of the PEC-4 route meet both the width and drainage requirements for a multiuse trail. Staff is awaiting formal direction from a consensus of Council to proceed with a formal feasibility study. If the installation of a multiuse trail was found to be feasible and compatible with all requirements, staff would move forward with surveying property owners. Engineering staff would coordinate with Public Affairs staff to set up an electronic survey for all residents in the project area and all business owners that would be impacted by the project. 123 Date: August 9, 2019 Report No. 2019-156 On May 15, 2019 the Project Manager for the PEC-4 project, Jim Jenks, visited and informally surveyed the following property/business owners: • Daniel Peugh, owner of The Peugh Law Firm(721 W. Mulberry St.) • Angela Juliet Shangmu, owner of Juliet's Jewels (315 W. Sycamore St.) • Jim Gilliam, owner of Cadillac Art and Frame (510 S. Locust St.) • The Ravelin's, owner of Ravelin Bakery(414 S. Locust St.) • Suresh Bhagwat, owner of Denton Plaza(508-516 S Locust St.) Business owners indicated they would be in favor of general enhancements of bike and pedestrian pathways along the route of the PEC-4 project, especially if such enhancements would increase their customer bases.However,concerns were expressed about the exact path of the trail.Residents are generally opposed to such a trail going through side yards or in between homes. If directed by Council, staff will formally survey all affected residents in order to better understand viewpoints and concerns. Staff is committed to expanding the City's multiuse trail offerings. Parks and Recreation Director, Gary Packan, stated that multiuse trails are the number one requested item for his department. The upcoming parks and recreation master plan contains an entire section dedicated to multiuse trails. The department is working with UNT to determine the best placement for these trails in the City and will include recommendations for areas surrounding the PEC-4 project route. As part of this planning,the department is holding public meetings to get input from both pedestrians and cyclists. The department is also participating in mobility committee meetings to ensure that any multiuse trail plan is aligned with the larger mobility needs of the community. ATTACHMENT(S): Request 2019-260 Sidewalk Map and New Line STAFF CONTACT: Todd Estes Director of Capital Improvement Projects, City Engineer Todd.Estes&cityofdenton.com Gary Packan Director of Parks &Recreation Gary.Packan(cr�,cityofdenton.com REOUESTOR: Council Member Meltzer and Council Member Davis PARTICIPATING DEPARTMENTS: Capital Projects, Public Affairs, Parks and Recreation, City Manager's Office, and Development Services STAFF TIME TO COMPLETE REPORT: 80 hours 124 Date: August 9,2019 Report No. 2019-157 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: FY 2018-2019 Denton Energy Center(DEC) Dashboard—June 2019 BACKGROUND: Attached is the FY 2018-2019 Denton Energy Center Dashboard for June 2019. The dashboard is intended to give a snapshot of relevant DEC metrics. The dashboard highlights the following: • The Emission Chart displays the June engine runtime hours, starts, stops, monthly and annual emissions totals and limits. o Cold Start—Emission system is below 115°. More emissions are produced from cold starts than warmer starts. o Warm Start—Emission system is between 116' and 170°. o Hot Start - Emission system is above 170°. o Stops—Emissions are produced each time the engine is stopped. • DEC MWh Generation and Gross Revenue for FY 2018-2019 through June 2019. • A DEC financial summary showing FY 2017-2018 Actuals, FY 2018-2019 Budget, YTD Revenues &Expenses and Fiscal Year End Projections by Expense Category. o DEC Debt Service principal and interest payments will exceed budget by$9.1M this year in adherence to bond requirements. The variation does not change total debt service paid over the life of the bond, but does increase the FY 2018-19 debt service payment. • The Plant Monthly Run Hour Comparison Graph illustrates the monthly plant run times. • The Key Trends section explains the footnotes in the financial section and will be used to explain variances in revenues and expenses. As we continue to gain historical data of DEC operations we'll be better able to identify trends in future months. ATTACHMENT(S): Denton Energy Center(DEC) Dashboard—June 2019 STAFF CONTACT: David Gaines, Director of Finance (940) 349-8260 David.Gaines@cityofdenton.com REQUESTOR: Staff Generated 125 Date: August 9,2019 Report No. 2019-157 PARTICIPATING DEPARTMENTS: Finance/DME STAFF TIME TO COMPLETE REPORT: 4 hours 126 -4 City of Denton, Texas CI TY FY 2018-19 Denton Energy Center OF DENTON YTD June 2019 Dashboard Emissions June 2019 Engine Runtime Hot Warm Cold Description (hours) Starts Starts Starts Stops Description NOx CO VCO PM PM 50 NH CO2e DEC Monthly Emissions Total(tons) 1.59 1.47 1.10 0.89 0.89 0.02 0.20 9,015.00 Engines(1-12) 1, DEC Annual Permit Limit Operations(tons)* 29.78 93.52 48.16 69.72 69.72 1.45 60.90 Monthly Plant Emissions per DEC Permit Limit* 5.35% 1.57% 2.28% 1.27% 1.27% 1.11% 0.331 nnual to Date Plant Emissions per DEC Permit Limit* 30.81% 9.60% 14.07% 7.62% 7.62% 6.73% 1.880 *Operations Annual limit accounts for Balance of Plant standard emissions Generation&Gross Revenues Month Revenue(In Millions) MWh $/MWh Plant Monthly Run Hour Comparison Oct-18 $2.02 23,521 $85.77 2,500 Nov-18 $1.71 17,919 $95.16 2,116 Dec-18 $0.34 5,693 $59.61 Jan-19 $0.50 9,665 $51.80 2,000 4May7j.. Feb-19 $0.80 11,507 $69.79 >r 1,539 1,633 Mar-19 $1.34 17,435 $76.77 c 1,481 1,433 1,458 1,500 ,Apr-19 $0.95 14,467 $65.97 May-19 $0.66 12,513 $52.41 1,033923 Jun-19 $1.35 18,327 $73.81 1,000 752Total FY 18-19 $9.67 131,045 $73.77 466 FY 2017-18 FY 2018-19 FY 2018-19 FY 2018-19 500 ACTUALS BUDGET YTD PROJECTION DEC REVENUE** $ 11.88 $36.30 $ 8.31 $29.40 0 EXPENDITURE SUMMARY Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr Energy Expense-Fuel $ 2.17 $ 14.97 $ 4.10 $ 14.71 Seriesl 1,481 1,539 1,033 1,633 1, 1 1,458 1 1,336 1 2,116 1 1,370 Personal Services 0.91 1.87 1.26 1.85 Operating Month Materials&Supplies 0.36 0.14 0.13 0.13 Maintenance&Repair 0.03 0.26 0.10 0.28 Insurance(�) 0.44 0.45 0.01 0.49 Key Trends Miscellaneous - - - 0.01 Operations 0.14 0.82 0.16 0.81 (1) In August 2018,$443,454 was paid to COD self insurance fund for insurance on Denton Energy Debt Service-Principal(z) - - 4.18 5.97 Center-The policy period is 5/25/2018 to 5/25/2019. (2) DEC Debt Service principal and interest payments will exceed budget by$9.1M this year in Debt Service-Interest zi 4.45 5.05 7.58 adherence to bond requirements.The variation does not change total debt service paid over the Interfund Transfers - - - life of the bond,but does increase the FY 2018-19 debt service payment. Transfer to Capital Projects(1) 0.30 0.01 - 0.01 (3) Includes$157,000 for rolling stock equipment and $140,000 for the purchase of DEC EXPENDITURES $ 4.35 $22.97 $14.99 $31.94 shelving/racks/equipment in FY 2017-18. CAPITAL CHARGE BACK(4) (4) Capital Charge Back represents capitalized expenses during construction and startup.The charge $(0.92) $ $ $ back was charged FY 2017-18 during construction and startup. DEC NET INCOME $ 8.45 $13.34 $(6.68) $(2.44) **Preliminary,Unaudited Figures Note: All dollar figures presented are in millions of dollars. 127 Date: August 9, 2019 Report No. 2019-158 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: City's most recent competitive bond sale of Series 2019 General Obligation Refunding & Improvement Bonds and Certificates of Obligation. BACKGROUND: The purpose of this report is to provide the City Council with details regarding the sale of Series 2019 General Obligation Refunding & Improvement Bonds and Certificates of Obligation authorized on July 16, 2019. DISCUSSION: On July 17, 2019, the City along with its financial advisor, Hilltop Securities, conducted a competitive sale of$44,340,000 in General Obligation (GO) Refunding and Improvement Bonds and $28,755,000 in Certificates of Obligation (CO). The delivery date of the funds to the City will be on August 20, 2019. The participating underwriting firms for the GO bond sale were: Robert W. Baird & Co., Inc.; UBS Financial Services Inc.; Wells Fargo Bank, N.A.; Citigroup Global Markets Inc.; and BOK Financial Securities, Inc. The participating underwriting firms for the CO sale were: Robert W. Baird & Co., Inc.; Wells Fargo Bank, N.A.; UBS Financial Services Inc.; Citigroup Global Markets Inc.; and BOK Financial Securities, Inc. The GO bonds and the COs were both awarded to Robert W. Baird& CO, Inc. the lowest true interest cost bidder on both bids. The GO bonds included the issuance of$19.37 million to fund the fifth year of projects approved by voters in the November 2014 bond election. The bonds also refunded the remaining principal amount of the TMPA Scrubber debt (Combination Tax and Revenue Refunding Bonds, Series 2010). As approved by the City Council on July 16, 2019, the bond sale met all of the following required parameters listed below: 1) The maximum principal amount of bonds shall not exceed $47,990,000; 2) Final stated maturity of February 15, 2039; 3) Refunding must produce savings of at least 3.5%; 4) The sale must occur prior to January 16, 2020. The present value savings for the GO refunding was $2,213,646.92 or 7.73% of the refunded bond amount, which was well in excess of the established criteria. The annual savings averages approximately $368,900 over six (6) years. The all-in true interest cost for the GO bonds, which includes the cost of issuance, is 1.57%. Concurrently the City also completed the competitive CO sale for general government, technology service, electric, water, and wastewater projects. As approved by the City Council on July 16, 2019, the CO sale met all of the following required parameters listed below: 128 Date: August 9, 2019 Report No. 2019-158 1) The maximum principal amount of the certificates of obligation shall not exceed $30,720,000; 2) The final stated maturity shall not exceed February 15, 2049; 3) The maximum net effective interest rate shall not exceed 3.75%; 4) The sale must occur prior to January 16, 2020. The all-in true interest cost for the COs is 2.67%, which factors in the cost of issuance. City staff was pleased with the results of both sales. Please do not hesitate to contact me if you have any further questions on the results of the City's most recent debt issuance. STAFF CONTACT: David Gaines, Director of Finance (940)-349-8260 David.Gaines(d,cityofdenton.com REQUESTOR: Staff generated PARTICIPATING DEPARTMENTS: Finance STAFF TIME TO COMPLETE REPORT: 3 hours 129 Date: August 9,2019 Report No. 2019-159 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Follow-up to request for information regarding public notification of water main breaks resulting in service interruption. EXECUTIVE SUMMARY: Council requested information regarding public notification of water main breaks, specifically if there was a way to have an automated notification service available to notify residents when a water main break occurs and/or water service is interrupted. Several methods are currently used to inform residents of water service interruption. Based upon the Council request, staff investigated several notification alternatives available to the City through current channels and software including: City communication channels, Customer Service IVR call system, CodeRed system,the DME electrical outage map, and the DME electrical outage call system. The following report outlines the analysis of those options by an interdepartmental team. BACKGROUND: Current Process The City currently has a system in place where citizens can call (940) 349-7000 if to report a utilities-related incident that requires immediate attention, such as a power outage, downed electrical poles or wires, a water main break, a clogged or overflowing sewer main, or a leaking water meter or hydrant. The system for relaying service disruptions to Utilities Dispatch has been working well (although it is situational and may not have an estimated time of service restoration when first reported). The current approach includes door hangers, water administration staff fielding phone calls and personal interactions during business hours, combined with the use of dispatch after hours and field crews speaking with residents onsite. Alternatives Evaluated Staff from multiple departments met to discuss several notification options available to the City including Public Affairs communications channels, Customer Service IVR call system, CodeRed system, DME outage map, and the DME outage notification system. Public Affairs has several communication channels to communicate with residents,although many are city-wide distribution channels and are not able to be automated. With more than 14,000 followers on Facebook and 11,000 on Twitter, to be effective, the messages distributed through these channels should be community-wide or have a large impact to many residents, rather than impacting a small group of residents or neighborhood block. DME has their own Twitter account to report outages, which is managed by Utilities Dispatch staff(a 24/7 operation), to notify the public as outages automatically appear through the mapping system tied to the electrical grid and meters. 130 Date: August 9,2019 Report No. 2019-159 The Customer Service billing IVR call system has the ability to send out notification alerts and has been used in the past for planned water outages. In those situations,the Water Department provided the addressing information which is matched to the Customer Information System (CIS) data for upload and call out. These calls were strategic in nature, planned in advance and made during daytime hours. It is possible that staff could create a process which would allow entry and notifications of selected blocks in the affected area to alert recipients through the Customer Service billing IVR system that they may be experiencing a water outage due to an emergency repair. However, because the work is emergency in nature, the message would need to be generic as customer service staff may not be on site after hours, on weekends, or holidays. The team also evaluated the City's CodeRed Emergency system and its ability for notifications. This system is reserved for life threatening emergencies to ensure it does not become overused which would cause citizens to ignore critical notices. It is not recommended to make this type of notification based on an isolated incident. CodeRed does offer a General Advisory notification function under a separate additional subscription. This additional subscription could be a feasible notification alterative; however, it will require additional coordination with the Fire Department for all water main breaks and presents some staffing challenges. Furthermore, CodeRed is a geo- targeted notification system based upon the current physical location of the user, potentially notifying unrelated citizens, and missing impacted customers. It is not recommended that this notification be used for water main breaks. The DME system for mapping outages is automated and directly tied back into the electric metering software. Software modifications to incorporate water outage information are not feasible. Finally,the DME electrical outage call notification system was considered. DME electrical outage notifications are distributed by Utilities Dispatch using information tied to an electric service address and account information which can be distributed based upon proximity to a specific location on a street or block level. For the purposes of water related notifications, it is assumed that DME customers also have water accounts at the same address as their electric service.Utilities Dispatch staff could receive location information from Water Utilities field staff and distribute a message to electrical account holders within a small radius of the break.A limited number of water customers are not served by DME, so this solution will not account for all water service areas. This process will still be manual as it relies upon the transfer of information from Water Utilities field staff to Utilities Dispatch and then Utilities Dispatch staff would notify impacted residents based upon the best information available from the field. Recommendation and Trial Program Because some of these options may impact staffing, staff will continue to monitor public feedback and requests for such information to determine if additional notification methods warrant the effort involved. During an emergency, it is often best for field crews to talk with the residents in the field and focus on getting the work done. It should be noted that many customers already call the afterhours dispatch line when a water or electric outage occurs so they do have a person to reach out to regardless of time. 131 Date: August 9,2019 Report No. 2019-159 Beginning the week of August 19, 2019, as a trial program, to determine if it is operationally feasible and also beneficial to residents,Water Utilities crews will notify Utilities Dispatch of main break activities and Utilities Dispatch will provide an automated call, using the DME electrical call out system,to customers within a 0.25 mile radius of a main break that is expected to interrupt water service to greater than 10 customers for longer than 2 hours. Notification would occur only between the hours of 7:00 AM and 8:00 PM to not adversely impact residents during the overnight hours. The trial will run through September 30, 2019. Prior to communicating with residents directly or making a notification, Utilities staff must first respond and assess the break, establishing an estimated repair duration. Each leak or main break varies greatly in scope and complexity. The condition and serviceability of system valves also affects the spatial impact of each break; many times, valves dictate the number of customers impacted. For these reasons a 0.25 mile radius has been selected and is expected to result in notifications being sent to up to 200-250 customers, depending upon the location of the break. In most cases, impacts will only be felt by fewer than 20 customers. STAFF CONTACT: Frank Pugsley Director of Water Utilities 940-349-8086 REOUESTOR: Council Member Briggs PARTICIPATING DEPARTMENTS: Water Utilities, Fire, Police, Customer Service, Denton Municipal Electric, Communications STAFF TIME TO COMPLETE: 24 hours 132 Date: August 9,2019 Report No. 2019-160 HINFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: The impact of House Bill 2840 on the City of Denton. BACKGROUND: House Bill 2840 (Canales) is a public meeting-related bill that was adopted by the 86th Session of the Texas Legislature, signed into law on June 10, 2019, and takes effect on September 1, 2019. The bill (attached) modifies Chapter 551 of the Government Code to provide that: 1. a governmental body shall allow each member of the public who desires to address the body regarding an item on an agenda for an open meeting of the body to address the body regarding the item at the meeting before or during the body's consideration of the item; 2. a governmental body may adopt reasonable rules regarding the public's right to address the body, including rules that limit the total amount of time that a member of the public may address the body on a given item; 3. only if a governmental body does not use simultaneous translation equipment in a manner that allows the body to hear the translated public testimony simultaneously, a rule adopted under (2) that limits the amount of time that a member of the public may address the governmental body must provide that a member of the public who addresses the body through a translator must be given at least twice the amount of time as a member of the public who does not require the assistance of a translator in order to ensure that non-English speakers receive the same opportunity to address the body; and 4. a governmental body may not prohibit public criticism of the governmental body,including criticism of any act, omission, policy, procedure, program, or service, unless the public criticism is otherwise prohibited by law. Staff requested the City of Denton City Attorney's Office to evaluate H.B. 2840 to determine if amendments to the City Council Rules of Procedure (Code of Ordinances 2-29) are required to comply with the statute. DISCUSSION: Each of the four components of H.B. 2840 are discussed below. Addressing the Government Body In regard to the ability of citizens to comment during or prior to the consideration of items, the Denton Code of Ordinances provides citizens with this opportunity for any item on the agenda of a Regular Session of the City Council. However, City Ordinance 2-29(f)(4)(b) prohibits citizen comment in a work session unless invited by the Mayor. The newly adopted §551.007(b)provides that "[a] governmental body shall allow each member of the public who desires to address the body regarding an item on an agenda for an open meeting of the body to address the body regarding the item at the meeting before or during the body's consideration of the item." 133 Date: August 9,2019 Report No. 2019-160 Because the language of the bill utilizes the term "consideration", a term that is distinct from "deliberation", the City Attorney's Office has advised that the requirement to allow citizens to speak during or prior to deliberation may be construed as applying only to items in which the City Council will take a formal action. Work Session agenda items that receive no formal action from the Council would not be required to allow public comment and the City's current procedures are not required to be amended. This interpretation aligns with that of other cities including Dallas and Fort Worth. If the Council elects to consistently allow comment during Work Session(instead of being within the Mayor's discretion, as the applicable ordinance now reads), then 2-29(f)(4)(b) would likely need to be amended. The City Council would also need to make a determination as to when in the agenda they desire to have citizens make their comments. Reasonable Rules While the City of Denton Code of Ordinances 2-29(f)(4)(a)(2) restricts open microphone period to two (2) speakers; this provision is also permissible under H.B. 2840. No amendment to current Ordinances or procedures is recommended relating to this aspect of H.B. 2840. Additional Time for Speakers with a Translator H.B. 2840 requires that, unless simultaneous translation equipment is used, "a member of the public who addresses the body through a translator must be given at least twice the amount of time as a member of the public who does not require the assistance of a translator in order to ensure that non-English speakers receive the same opportunity to address the body." This provision could be appropriately added as a new subsection h under 2-29(f)(4). Public Criticism Current ordinances do not prohibit the public criticism of the governmental body and no amendments to such ordinances are required relating to this aspect of H.B. 2840. CONCLUSION: The City of Denton City Council Rules of Procedure (Code of Ordinances 2-29) are substantially in compliance with H.B. 2840. At the August 27, 2019 City Council meeting, staff will ask Council to consider an amendment to the Rules of Procedure to bring the City of Denton into compliance with the requirement that citizens utilizing a translator be given additional time for public comments. Additionally, if the City Council expresses an interest in allowing for consistent and regular public comments at Work Sessions, an additional modification to the Rules of Procedure may also be required. ATTACHMENT(S): H.B. 2840 (Enrolled) 134 Date: August 9,2019 Report No. 2019-160 STAFF CONTACT: Ryan Adams Deputy Director of Public Affairs/IGR (940) 349-8565 Ryan.Adams(&,,cityo fdenton.com Catherine Clifton Deputy City Attorney (940) 349-8132 Catherine.C lifton(cr�,cityofdenton.com REOUESTOR: Staff Initiated PARTICIPATING DEPARTMENTS: Public Affairs City Secretary's Office City Attorney's Office STAFF TIME TO COMPLETE REPORT: Staff. 3 hours Legal: 4 hours 135 H.B . No . 2840 1 AN ACT 2 relating to the right of a member of the public to address the 3 governing body of a political subdivision at an open meeting of the 4 body. 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS : 6 SECTION 1 . Subchapter A, Chapter 551, Government Code , is 7 amended by adding Section 551 . 007 to read as follows : 8 Sec . 551. 007 . PUBLIC TESTIMONY. (a) This section applies 9 only to a governmental body described by Sections 10 551 . 001 ( 3 ) (B ) - (L) . 11 (b ) A governmental body shall allow each member of the 12 public who desires to address the body regarding an item on an 13 agenda for an open meeting of the body to address the body regarding 14 the item at the meeting before or during the body' s consideration of 15 the item. 16 ( c ) A governmental body may adopt reasonable rules 17 regarding the public ' s right to address the body under this 18 section, including rules that limit the total amount of time that a 19 member of the public may address the body on a given item. 20 ( d) This subsection applies only if a governmental body does 21 not use simultaneous translation equipment in a manner that allows 22 the body to hear the translated public testimony simultaneously. A 23 rule adopted under Subsection ( c ) that limits the amount of time 24 that a member of the public may address the governmental body must 1 136 H .B . No . 2840 1 provide that a member of the public who addresses the body through a 2 translator must be given at least twice the amount of time as a 3 member of the public who does not require the assistance of a 4 translator in order to ensure that non-English speakers receive the 5 same opportunity to address the body. 6 ( e ) A governmental body may not prohibit public criticism of 7 the governmental body, including criticism of any act , omission, 8 policy, procedure , program, or service . This subsection does not 9 apply to public criticism that is otherwise prohibited by law. 10 SECTION 2 . This Act takes effect September 1, 2019 . 2 137 H.B . No . 2840 President of the Senate Speaker of the House I certify that H. B . No . 2840 was passed by the House on May 3 , 2019 , by the following vote : Yeas 138 , Nays 3 , 1 present , not voting. Chief Clerk of the House I certify that H.B . No . 2840 was passed by the Senate on May 22 , 2019 , by the following vote : Yeas 31 , Nays 0 . Secretary of the Senate APPROVED: Date Governor 3 138 Date: August 9,2019 Report No. 2019-161 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Denton Parks Foundation Updates BACKGROUND: To keep the Mayor, City Council, and the Parks, Recreation and Beautification Board up to date on all Denton Parks Foundation efforts and progress, we will submit occasional staff reports for review and quarterly summaries. DISCUSSION: The Denton community is invited to bring Man's Best Friend to the Civic Center pool for an end of the summer dip! The Denton Parks Foundation (DPF) is hosting Denton's first dog pool party, Splish Splash Doggie Bash,benefiting the North Lakes Dog Park. The event has two sessions, and individuals can buy tickets to one session or both to watch their dog lap around the pool for a great cause. Session 1: 9-10:30 a.m. Session 2: 11 a.m.-12:30 p.m. Eastside Denton is giving out tokens for the first 150 tickets sold to adults 21 and older. The tokens can be redeemed for one drink at Eastside during the week. Additionally, Tetra Pak will provide free water and have a tent with fun, dog-related giveaways. A sponsorship package is still being negotiated with Tetra Pak. Other dog-friendly vendors are welcome at the event. DPF is working closely with the Parks and Recreation staff to evaluate the best layout for the event. The animal shelter staff have also been vital for understanding and preparing for any possible altercations between the dogs. Together DPF, PARD, and Animal Shelter staff are working to ensure this event is both fun and safe for everyone. Splish Splash Doggie Bash can host 150 dogs and 400 individuals at each session. Dogs are required to be healthy and up to date on vaccinations. Attendees must show proof of vaccinations and sign a liability waiver. Tickets went on sale Aug. 1, and 13 tickets have been sold to date. DPF is working to secure event sponsors to increase the overall financial benefit of the North Lakes Dog Park. The fundraising stretch goal from the event is $20,000. The money would be raised through ticket sales, sponsorships, donations, and vendor fees (dog-related nonprofits will have the fee waived). This inaugural event is just another way for DPF to engage the community and enhance the mission of PARD. DPF excited to host Splish Splash to raise money and awareness. CONCLUSION: 139 Date: August 9,2019 Report No. 2019-161 DPF is working hard to make the inaugural Splish Splash Doggie Bash a success and is collaborating with stakeholders to ensure the event is fun, successful, and safe. Everyone is invited to participate on Sept. 7 for this "off the leash" fundraising event! STAFF CONTACT: Gary Packan, Director of the Denton Parks and Recreation Department DRAFTED BY: Brooke Moore, Executive Director of the Denton Parks Foundation brooke(&,dentonparksfoundation.com REOUESTOR: Gary Packan, Director of the Denton Parks and Recreation Department PARTICIPTAING DEPARTMENTS: Denton Parks and Recreation Department STAFF TIME TO COMPLETE REPORT: 10 minutes 140 Date: August 9, 2019 Report No. 2019-162 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Built for Zero campaign to end veteran and chronic homelessness PURPOSE: This ISR details the components of the national Built for Zero homelessness solutions model and the City's involvement with this collaborative community. BACKGROUND/DISCUSSION: The Built for Zero Collaborative is a nationwide effort to end veteran and chronic homelessness by supporting participating communities with the implementation of evidence-based strategies,the collection of real time data on homelessness, the optimization of local housing resources, and consistent tracking of progress towards goals. In 2018 the City applied for and was accepted to the Built for Zero Collaborative. The City's participation in the collaborative provided a grant for technical assistance, a type of grant that helps organizations develop internal capacity to affect change. The City and United Way staff attended three in person Learning Sessions and participated in monthly coaching calls that focused on support available from the Built for Zero team and federal partners from the Department of Housing and Urban Development, the United States Interagency Council on Homelessness, and the Department of Veteran Affairs. Specifically, the technical assistance focused on developing internal capacity in the following areas: • Taking action to evaluate and improve the local leadership structures and capacity necessary to end veteran and chronic homelessness • Learning Quality Improvement tools and methods to take action and solve problems • Improved data and performance management tools to help track progress and inform decision making • System design and improvement support • Opportunities for cross-community learning and problem solving During the City's participation in the learning sessions, we learned about the following components of Build for Zero's theory of change and methodology: • Assessing our current coordinated entry system and by-name list • Creating short-term goals and strategies to accelerate progress in ending veteran and chronic homelessness • Identifying and planning the needed changes to local structures and processes that drive improvement toward reducing and ending homelessness • Learning the fundamentals of the Quality Improvement method • Sharing knowledge with other communities on relevant topics through a series of self- guided learning circles • Reviewing opportunities to further leverage the Built for Zero suite of tools 141 Date: August 9, 2019 Report No. 2019-162 Through participation in the Built for Zero collaborative, we discovered that the City, along with our partner United Way, was already ahead of many of our peer communities by implementing the collective impact approach to solving complex social issues managed through the Denton County Homelessness Leadership Team. As a result of that existing collaboration the City was already successfully engaging in systems design and systems change strategies with a strong local leadership structure and opportunities for cross-community learning and problem solving. This work resulted in our Housing Crisis Response System model and the ongoing work happening in the workgroups, such as bi-weekly case conferencing, housing solutions, data management, and shelter planning. The most valuable outcome of our time working with the Built for Zero (BFZ) collaborative was the assessment of our current coordinated entry(CE) system and by-name list. At the time, only CE had been implemented locally. Working with BFZ, we were able to significantly advance our work to implement the Housing Priority List(by-name list), including getting our Homeless Management Information System (HMIS) database host to make significant improvements in HMIS. This improved data and performance management tools that are key to helping us track progress and inform decision making. The Built for Zero collaborative's rigorous data review process has since certified our data as reliable. The data has significantly contributed to the Data Dashboard which is influenced heavily by Built for Zero models. HMIS improvements have enhanced our ability to track how well systems and process are performing. Our work with Built for Zero contributed to our decision to create local goals and strategies that prioritize ending veteran and chronic homelessness. This includes joining other communities in the Mayor's Challenge to End Veteran Homelessness by 2020 and the 100 Day challenge to house 30 veterans in 100 days set to launch in January 2020. The grant has ended so we are no longer actively participating in the technical assistance but remain supportive of Built for Zero collaborative. ATTACHMENT(S): STAFF CONTACT: Danielle Shaw Community Development Manager 940-349-7237 danielle.shaw@cityofdenton.com REOUESTOR: Council Member Armintor PARTICIPATING DEPARTMENTS: Public Affairs, Community Development STAFF TIME TO COMPLETE REPORT: 2 hours 142 Council Meeting Requests for Information 2019-357 Comprehensive Low-Income Work Session on comprehensive process for low-income housing strategy that includes housing 03/20/19 Kuechler/Shaw Community Development Council Meeting This will be prioritized with other requests during a future Strategy Session. Meltzer Housing Strategy bonds,density bonuses,grants for low income rentals,land swaps and other tactics to maximize the availability of affordable housing. 2019-586 CDBG Locations Can CDBG allocations be required to be located in specific areas around the City?How many 05/07/19 Kuechler/Shaw Community Development Council Meeting Information will be provided in a future Friday report. Hudspeth lots/homes is Habitat for Humanity planning to purchase and build? 2019-634 DCTA Work Session Work Session on options to enhance City's partnership with DCTA under the new governance 05/21/19 Canizares City Manager's Office Council Meeting A work session has been scheduled for August 27. Davis structure. 2019-642 Industrial Sites to Noise Information on how industrial sites could be added to noise ordinance. 05/21/19 McDonald Development Services Council Meeting Information will be provided in a future Friday report. Briggs Ordinance 2019-628 Recycling Contamination Staff report on ways to reduce recycling contamination rates,including alternative bin designs 05/21/19 Boerner/Cox Solid Waste Council Meeting Information will be provided in a future Friday report. Armintor/Meltzer and what cities with low contamination rates have done to educate the public. 2019-689 Mowing Contracts Comparison of cost for the City to conduct mowing in-house compared to contracting locally for 06/03/19 Packan Parks and Recreation Council Meeting Information will be provided in a future Friday report. Armintor this service. 2019-685 $15 Hourly Minimum Starting Budget impact to make minimum starting pay for all City employees(full time,part time,and 06/03/19 Ogden/Romine Procurement/Human Resources Council Meeting Information will be provided in a future Friday report. Armintor/Ryan Pay seasonal)incremental increases leading to$15 per hour($10,$12,and$15).Data on how many seasonal employees are in high school or college.Provide additional description of the seasonal and part time positions that are currently making less than$15 per hour. 2019-707 Fee Waiver to Non-Profit Information on the policy options for a development fee waiver or City administered grant 06/04/19 Kuechler/Shaw/McDonald Community Development/Development Council Meeting A work session has been scheduled for September 10. Briggs/Armintor/Davis Agencies program for non-profit agencies. Services 2019-716 Bad Debt How much of Customer Services'bad debt is a result of late fees and penalties? 06/04/19 Thomson/Foster Customer Service Council Meeting A work session is planned for September 10 where this information will be Briggs discussed. 2019-791 Credit Collections Work Session Work session on credit and collections follow up for Council to provide policy feedback on 06/04/19 Thomson/Foster Customer Service Council Meeting A work session is planned for September 10 where this information will be Briggs percentage versus flat late fees. Provide comparative data from peer cities related to handling of discussed. account deposits and balances on transfers of service. 2019-714 County Crime Lab Information on steps required to establish a County-wide crime lab. 06/04/19 Dixon/Gaines Police/Finance Council Meeting Information will be provided in a future Friday report. Ryan 2019-698 Choctaw Update Staff update on Choctaw natural preservation project. 06/04/19 Kremer/Cox Public Works Council Meeting Information will be provided in a future Friday report. Davis 2019-778 Referencing Emails Discussion on addressing elected officials referencing emails in an open forum without providing 06/18/19 Wood City Manager's Office Council Meeting Information will be provided in a future Friday report. Hudspeth copies of the emails referenced as back-up material for the record. 2019-886 Gas Wells Update Gas Well Ordinance to include 500'reverse setbacks,and 1000'setbacks.Include an 07/16/19 McDonald/Leal Development Services/City Attorney's Council Meeting A work session has been scheduled for October 8. Watts updated ordinance,communication strategy,information on the application of the ordinance,and Office an appeals process. 2019-895 Freedom of Information Act Request for a work session regarding what is allowed when reaching out to a Freedom of 07/17/19 Leal Legal Council Meeting Information will be provided in a future Legal Status report. Watts Information Act requestor 2019-894 DMAC Space Is there space or sponsorship funds to assist the Denton Music Arts Collaborative? 07/17/19 Bekker Library Council Meeting Information will be provided in the August 9 Friday report. Briggs 2019-893 Criminal Trespassing Staff report with information on the number of criminal trespasses on City property and 07/17/19 Dixon Police Council Meeting Information will be provided in a future Friday report. Armintor information on the Police Department's stance on the issue 2019-891 Anti-Discrimination Ordinance Request a work session to develop a comprehensive anti-discrimination ordinance 07/17/19 Kuechler Public Affairs Council Meeting This will be prioritized with other requests during a future Strategy Session. Armintor 2019-912 Horse Drawn Carriages Information on Horse Drawn Carriages and horse riding within the City,bring ordinance forward 07/23/19 Rosendahl Development Services Council Meeting This will be prioritized with other requests during a future Strategy Session. Ryan for Council discussion 2019-914 Telecom Lawsuit Information on the Telecom Lawsuit and Small Cell Antennae lawsuit 07/23/19 Kuechler/Adams Public Affairs/IGR Council Meeting Information will be provided in the August 9 Friday report. Briggs 2019-945 Street Outreach Team Information on current level of service for Street Outreach Team compared to additional 08/01/19 Kuechler/Shaw Community Development Council Meeting Information will be provided in a future Friday report. Armintor Information capabilities with the$64,600 supplemental budget request. 2019-950 CDBG Projects Provide a report on how CDBG funds have been spent over the past few fiscal years. 08/01/19 Kuechler/Shaw Community Development Council Meeting Information will be provided in a future Friday report. Armintor 2019-946 Integrated Pest Management Information on ways to reduce the$461,000 supplemental budget request for Integrated Pest 08/01/19 Packan Parks and Recreation Council Meeting Information will be provided in the August 9 Friday report. Armintor Cost Containment Management. 2019-947 Community Market Restrooms Information on mobile restroom and other,more permanent options for the Historical Park in lieu 08/01/19 Packan/Wood Parks and Recreation/City Manager's Council Meeting Information will be provided in the August 9 Friday report. Armintor of porta-potties. Office 2019-977 Veteran's Home Can someone from the City speak with the Veteran's Home on Carroll Blvd.to see if they would 08/06/19 Estes Capital Projects Council Meeting Information will be provided in the August 9 Friday report. Armintor like more accessible parking spots,and if the City could offer to paint the new spots as an in-kind donation. 2019-972 DCTA Notifications How are DCTA notifications routed to City Council members? 08/06/19 Canizares City Manager's Office Council Meeting Information will be provided in a future Friday report. Hudspeth 2019-975 Resolution against white Can we propose a resolution combating white supremacy? 08/06/19 Birdseye City Manager's Office Council Meeting Information will be provided in a future Friday report. Briggs/Armintor supremacy 2019-978 Veteran's Home Can the Veteran's Home on Carroll be placed on a DCTA Bus Route? 08/06/19 Canizares City Manager's Office Council Meeting Information will be provided in a future Friday report. Armintor 2019-974 DCTA Bus Route#7 Why was bus route#7 moved,and is there anything that the City can do to make it safer for 08/06/19 Canizares City Manager's Office Council Meeting Information will be provided in the August 9 Friday report. Briggs pedestrians in the area? 2019-981 Confederate Statue Issue a resolution against the confederate memorial on the square 08/06/19 Birdseye City Manager's Office Council Meeting Information will be provided in the August 9 Friday report. Armintor 2019-982 Lynching Memorial Can a lynching memorial be located on the square?Issue a resolution of support for this loaction 08/06/19 Birdseye City Manager's Office Council Meeting Information will be provided in the August 9 Friday report. Armintor 2019-983 Welcoming City Include Welcoming City initiative in the upcoming Council priority session 08/06/19 Wood City Manager's Office Council Meeting Information will be provided in the August 9 Friday report. Armintor 2019-976 Shelter Planning Workgroup Prepare an analysis of current gaps in the homeless community assuming the MKOC funding is 08/06/19 Kuechler/Shaw Community Development Council Meeting Information will be provided in a future Friday report. Meltzer approved.What opportunities are there in the next 6 to 12 months?What other ideas are there and what is needed for all of the stakeholders in the community? 2019-979 Veteran's Home Can the property(located near Aubrey)that was not used for the DEC be preserved as green 08/06/19 Lutrick/Puente DIME Council Meeting Information will be provided in the August 9 Friday report. Armintor space? 2019-980 Veteran's Hall of Fame Is there any space available downtown(or City property)to house the Veteran's Hall of Fame? 08/06/19 Rogers Economic Development Council Meeting Information will be provided in a future Friday report. Armintor What kind of space do they need?Please include the CVB in discussions 2019-986 Park 7 Gas Lines Are there any concerns with the gas lines impacted by the Park 7 construction project? 08/06/19 Viera Environmental Services Council Meeting Information will be provided in the August 9 Friday report. Briggs 2019-973 Police citizen review board How do other cities in the area conduct citizen police review boards? 08/06/19 Dixon Police Council Meeting Information will be provided in a future Friday report. 2019-984 Vigil for Victims Violence in El Can staff help to publicize the upcoming Vigil for Victims Violence in El Paso on August 10 at La 08/06/19 Adams Public Affairs Council Meeting Information will be provided in the August 9 Friday report. Hudspeth Paso Estrella Mini Market? 2019-985 Styrofoam Can we find alternatives to styrofoam plates and cups at City Council meetings? 08/06/19 Barnett Sustainability Council Meeting Information will be provided in a future Friday report. Watts 143 Other Council Requests for Information Title Request 2019-079 Verizon/Frontier Pole Debt Update on the Verizon/Frontier pole attachment debt. 12/03/18 Puente/Morrow/Adams DME Other Council Requests Information will be provided in a future Legal Status Report. Meltzer 2019-414 Street Contractors Prepare a list of contractors who were found to have done faulty compaction work leading to 04/02/19 Estes Capital Projects Other Council Requests Information will be provided in a future Friday report. Meltzer street failures. 2019-600 City Funds to Outside Entities Staff report on City funds provided to outside entities including partnerships where real estate is 05/14/19 Gaines/Wood Finance/City Manager's Office Other Council Requests Information will be provided in a future Friday report. Davis provided(cash or in-kind),or funding for salaries is provided and the requirements placed on those entities. 2019-615 Jail time vs.shelter costs How much does it cost taxpayers for someone to stay one night in jail and how does that 05/19/19 Kuechler/Dixon Community Development/Police Other Council Requests Information will be provided in a future Friday report. Briggs compare to the daily rate for the Monsignor King enhanced shelter? 2019-694 Living Wage for City Prepare a single document responding to the questions raised by City Council during the June 3 06/03/19 Ogden Procurement Other Council Requests Information will be provided in the August 16 Friday report. Armintor Contractors Living Wage for City Contractors presentation. 2019-699 Turnover Data Staff report on turnover rates by department at all pay levels(part time,full time,and seasonal) 06/04/19 Romine Human Resources Other Council Requests Information will be provided in a future Friday report. Armintor including which department have the highest turnover rates and at what pay grades the turnover occurs,costs associated with turnover to the department,and known reasons for turnover. 2019-729 Good Samaritan Duck Pond Follow-up requested regarding the date the construction berm was in place and for the City to 06/11/19 Estes Capital Projects Other Council Requests Information will be provided in a future Friday report. Armintor/Briggs Follow-Up conduct a water sample at the conclusion of construction project to confirm that the water is clean enough to serve as a TCA-certified wildlife habitat. 2019-751 Water Main Break Notifications Is there an automated notification service available to notify residents about loss of water when a 06/15/19 Banks/Thomson Utilities Admin Other Council Requests Information will be provided in the August 9 Friday report. Briggs water main break occurs? 2019-779 Elected Officials Serving on Workshop on the potentially altering current City requirements for elected officials to serve on 06/18/19 Wood/Rios City Secretary's Office Other Council Requests This will be prioritized with other requests during a future Strategy Session. Hudspeth Community Boards community board such as the Economic Development Partnership Board. 2019-813 Update on Potential Kings Row Provide a status update on the potential use of the former Kings Row substation site as a 06/30/19 Heath/Puente DME Other Council Requests Information will be provided in the August 9 Friday report. Briggs Garden community garden. 2019-846 Artist in Residence Can the Library start an Artist-in-Residence program similar to Arlington's? 07/09/19 Bekker Library Other Council Requests Information will be provided in the August 9 Friday report. Briggs 2019-851 Labor Contracts What contracts does the City have for labor positions?Specifically,what is the name of the 07/09/19 Ogden Procurement and Compliance Other Council Requests Information will be provided in a future Friday report. Armintor contractor,the type of positions we are contracting for,how many of their employees are assigned to the City contract,and what is the lowest wage of laborers under each contract? 2019-870 DDC Update Worksession Can there be a future work session regarding garage conversions and whether the number of 07/12/19 McDonald Development Services Other Council Requests Information will be provided during a future DDC Update work session. Briggs unrelated persons residing in a residence has changed? 2019-874 Drainage Concerns on What could be done to address drainage concerns on Lamplighter Drive where a homeowner 07/12/19 Kremer/Cox Public Works Other Council Requests Information will be provided in a future Friday report. Meltzer Lamplighter Drive currently runs a line to the street due to a capped spring on their property?The line into the street is a safety concern because of slippery conditions for pedestrians and bicyclist. 2019-875 Heritage Oaks Closure What are the plans to close Heritage Oaks and what is the timing for the new senior community 07/14/19 McDonald/Kremer Development Services/Public Works Other Council Requests Information will be provided the August 9 Friday report. Briggs along Heritage Oaks to open? 2019-898 Pedestrian Issue on Longridge What can be done to address pedestrian crossing at Longridge and Teasley? Vehicles are not 07/17/19 Dixon Police Other Council Requests Information will be provided in a future Friday report. Briggs stopping for pedestrians at this crossing to South Lakes Park 2019-906 Marijuana Possession Arrests Work Session on a citywide moratorium for small marijuana possession arrests. 07/22/19 Dixon Police Other Council Requests This will be prioritized with other requests during a future Strategy Session. Armintor 2019-907 Criminal Trespass Citations Work Session on a citywide moratorium for criminal trespass citations and related arrests for 07/22/19 Dixon Police Other Council Requests This will be prioritized with other requests during a future Strategy Session. Armintor peaceful sitting,standing or resting on public property. 2019-922 NLC prescription drug discount Can the City participate in the NLC prescription drug discount program? 07/24/19 Kuechler Public Affairs/IGR Other Council Requests Information will be provided in the August 9 Friday report. Briggs program 2019-929 Sidewalk Access Issue Information on sidewalk obstruction on Elm Street where the sidewalk is currently blocked for 07/26/19 Kremer/Bentley CIS/Public Works Other Council Requests Information will be provided in a future Friday report Hudspeth additional business parking. 2019-928 No Sleeping Policy Please provide a copy of the policy on uses of public property in buildings that includes the no 07/26/19 Kuechler/Leal Community Development Other Council Requests Information will be provided in a future Friday report Armintor sleeping rule. 2019-935 Towing Questions Does the City have any current requirements that towing companies be located in the city limits? 07/29/19 Birdseye City Manager's Office Other Council Requests Information will be provided in a future Friday report. Hudspeth If a current towing company in Denton sells its business and property to another owner,are there restrictions on the use of the property? 2019-937 Fred Moore Day Nursery What are the future plans for the Fred Moore Day Nursery and are there any impacts to CDBG 07/31/19 Shaw Community Development Other Council Requests Information will be provided in a future Friday report. Hudspeth funding?Include information on current funding model 2019-940 Fry Street Entertainment District Review the use of the Historic Tax Abatement Incentives to encourage redevelopment in the 08/01/19 Rogers Economic Development Other Council Requests Information will be provided in a future Friday report. Meltzer Entertainment area. 2019-952 Sports Complex Could the City Partner with Golden Triangle Mall to turn a vacant department store into a sports 08/03/19 Rogers/Packan Economic Development/Parks Other Council Requests Information will be provided in a future Friday report. Briggs complex? 2019-956 Church access during Hinkle Did the City make an agreement with First Presbyterian church to allow them to access their 08/05/19 Estes Capital Projects Other Council Requests Information will be provided in the August 9 Friday report. Briggs Road construction driveway during this construction project? 2019-960 Signage on University Drive Can the City work with TxDOT to put signage up on University Drive(near the Braum's)to alert 08/05/19 Estes Capital Projects Other Council Requests Information will be provided in the August 9 Friday report. Hudspeth drivers that the two left turn lanes enter 1-35? 2019-961 Pay Increase by Category Provide a breakdown of the total cost of 3%pay increases per payroll category and what is the 08/05/19 Romine Human Resources Other Council Requests Information will be provided in a future Friday report. Armintor cost of raising the minimum wage for City employees to$20 per hour.Additionally please provide the minimum pay 2019-954 3%pay increase figures by pay Provide a breakdown of the total cost of 3%increases per payroll category while still raising the 08/05/19 Romine/Gaines Human Resources/Finance Other Council Requests Information will be provided in a future Friday report. Armintor category minimum wage for city employees to$15 an hour. 2019-955 Raising minimum wage What would be the cost of raising the minimum wage for city employees to$20 an hour? 08/05/19 Romine/Gaines Human Resources/Finance Other Council Requests Information will be provided in a future Friday report. Armintor 2019-966 Intersection of 1-35 and 288 Can the City work with TxDOT to improve the safety of this intersection by installing signage 08/06/19 Deshmukh Capital Projects Other Council Requests Information will be provided in the August 9 Friday report. Briggs alerting motorists of upcoming turn lanes and lane closures?(combine response with 2019-996) 2019-970 Bell Traffic Signal Address issues with visibility of the Bell Avenue traffic signal near the Civic Center. 08/06/19 Estes Capital Projects Other Council Requests Information will be provided in the August 9 Friday report. Briggs 2019-967 Township II Construction Please provide information on the Atmos line that was hit during the Township II construction. 08/06/19 Canizares City Manager's Office Other Council Requests Information will be provided in the August 9 Friday report. Hudspeth 2019-968 Accessory Dwelling Unit Clarification on if residential accessory dwelling units can have separate mailbox. 08/06/19 McDonald Development Services Other Council Requests Information will be provided during a future DDC Update work session. Armintor/Meltzer Mailboxes 2019-963 City as an Employer Can you provide the part-time employee numbers for the institutions represented in the Informal 08/06/19 Rogers/Sullivan Economic Development Other Council Requests Information will be provided in a future Friday report. Armintor Staff Report? 2019-964 City as an Employer Can you adjust the tables for the City of Denton Wage Distribution to include part-time employee 08/06/19 Rogers/Sullivan Economic Development Other Council Requests Information will be provided in a future Friday report. Armintor numbers and salaries?Break down into categories based on salary. 2019-965 City as an Employer Can you adjust the numbers and average and median wage to include First Assistant City 08/06/19 Rogers/Sullivan Economic Development Other Council Requests Information will be provided in a future Friday report. Armintor Attorneys and Council Appointees? 2019-996 Signage at 35 and 288 Can signage be installed to educate motorists on changes in traffic patterns at 1-35E and Loop 08/07/19 Estes/Deshmukh Capital Projects Other Council Requests Information will be provided in the August 9 Friday report. Briggs 288?(combine response with 2019-966) 144 Row ID Title Request Request Date Staff Responsible Department Request Type Status Requested By 2019-988 Veteran's Advisory Committee Information on the potential establishment of a Veterans Advisory Committee to Council. 08/07/19 Wood City Manager's Office Other Council Requests This request will be prioritized during a future Work Session Strategy Armintor Session. 2019-993 Street Construction Timing and Provide a short description of street construction timing and known residential development 08/07/19 McDonald/Estes Development Services/Capital Projects Other Council Requests Information will be provided in a future Friday report. Meltzer Development Around E. around E.McKinney east of Loop 288 McKinney 2019-987 DME Petition A petition has been signed regarding DME fees with residents pushing to change the structure of 08/07/19 Puente DME Other Council Requests Information will be provided in a future Friday report. Briggs DME. 2019-989 Open Space Add the property near Aubrey where veterans meet as a potential open space property.Confirm 08/07/19 Packan Parks and Recreation Other Council Requests Information will be provided in the August 9 Friday report. Armintor that the property is in Denton. 2019-1001 Civic Center and City Hall Tour Is the Civic Center and City Hall available for a Texas Historical Commission tour on September 08/08/19 Wood City Manager's Office Other Council Requests Information will be provided in a future Friday report. Briggs 14? 2019-1004 CPR at Midnight hoops What type of CPR training is being offered at Midnight Hoops? 08/09/19 Dixon Police Other Council Requests Information will be provided in the August 9 Friday report. Hudspeth 145 August 2019 1 2 3 12:00 pm Council Budget Workshop 11:00amDCRC 4:00pm Public At Cormiuttee 4 5 6 7 8 9 10 11:30 am Joint Counc iU 10:30 Committee on Citizen 2:30pmAgenda Committee DLSD Lune heon Engagement 11:00amDCRC 1:30pm Committee on the 12:00 pm CC Work Environment Session S:OOpmP&ZWorkSession 5:30pm Traffic Safety 6:30 pm CC Regular 6:30pmP&ZRegularSession Commission Session 11 12 13 14 15 16 17 C ANC ELLID 9:00a m 9:00 am Mob ilit, 11:00am EDP CANCELLED4:00pm MBSCo Public Utilities Board Committee Nbeting 11:00 am 2nd Tuesday 2:30pmAgenda Committee 8:30 am City Council 5:30pm HLC Session 5:30 Board ofEthics Retreat 5:00pmP&Z Work Session 6:30pmP&Z Regular Session 6:00pm Committee on Persons with Disabilities 18 19 20 21 22 23 24 12:00 pm CC Work 5:00pmP&Z Work Session Se ss io n 6:30pm P&Z Regular Session 6:30 pm CC Regular Se ssio n 25 26 27 28 29 30 31 6:00p m Pub he Utilities 2:00 pm 4th Tuesday Bo a rd Session 4:00p m ZBA 146 September 2019 1 2 3 4 5 6 7 o Luncheon Meeting No Council Meeting S:OOpmP&Z Work Session 4:OOpm Public AtCommittee 6:30pm P&Z Regular Session 5:3 0 p m Tra ffic Sa fe ty Commission 8 9 10 11 12 13 14 9:00a m Public Utilities 9:00 am Mob ility I1:OOamEDP Board Committee 11:30 am Joint Meeting 2:00 pm CC Work Session w/EDP Board 6:30pm CC Regular Sc ssion 15 16 17 18 19 20 21 30pm HLC 2:00 pm CC Work Session S:OOpmP&Z Work Session 4:00pmHaBSColvbeting 6:30 pm CC Regular 6:30pm P&Z Regular Session Se ssion S:OOpm Committee on Persons with Disabilities 22 23 24 25 26 27 28 6:00p m Pub lic Utilities 2:00 pm 4th Tuesday 11:00 TTF Board(TIRZ Bo a rd Session 29 30 4:00p m ZBA More Calendars from WinCalendar:Word Calendar,Excel Calendar,Online Calendar 147 October 2019 1 2 3 4 5 o C o un c it Me a ting S:OOpm P&Z Work Session 4:OOpm Public At Committee 6:30pm P&Z Regular Session 6 7 8 9 10 11 12 11:30 am Council 9:00 am Mobility 11:OOamEDP Luncheon Committee 1:30pm Committee on the 2:00 pm 2nd Tuesday Environment Session 5:3 0 p m Tra ffic Sa fe ty Commission 13 14 15 16 17 18 19 9:00a m Public Utilities 2:00 pm CC Work Session S:OOpmP&Z Work Session 4:OOpm HaBSCo Nketing Board 6:30 pm CC Regular 6:30pmP&Z Regular Session Se ssio n S:OOpm Committee on 5:30pm BIC Persons with Dis abilities 20 21 22 23 24 25 26 2:00 pm 4th Tuesday Session 27 28 29 30 31 6:OOpm Public Utilities No Council Meeting Bo a rd 4:00p m ZBA 148 Cityof Denton City Hall 215 E. McKinney St. Denton,Texas 76201 www.cityofdenton.com DENTON Meeting Agenda City Council Tuesday,August 20, 2019 12:00 PM Work Session Room&Council Chambers WORK SESSION BEGINS AT 12:00 P.M.IN THE WORK SESSION ROOM REGULAR MEETING BEGINS AT 6:30 P.M.IN THE COUNCIL CHAMBERS After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, August 20, 2019, at 12:00 p.m. in the Council Work Session Room at City Hall, 215 E.McKinney Street,Denton,Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on this agenda. 3. Work Session Reports A. ID 19-1840 Receive a report, hold a discussion, and give staff direction on the draft 2019 Historic Preservation Plan. (ID 19-1840,Roman McAllen) B. ID 19-1721 Receive a report, hold a discussion, and give staff direction regarding the cost recovery and resource allocation study for the Parks and Recreation Department(PARD). C. DCA19-0005 Receive a report, hold a discussion, and give staff direction regarding 2139 and 3167 b House Bill draft ordinances and amendments to the 2019 Denton Development Code. D. ID 19-1941 Receive a report, hold a discussion, and give staff direction regarding the cost recovery and resource allocation study for the Development Services Department. E. ID 19-1930 Receive a report, hold a discussion, and give staff direction regarding the FY 2019-20 City Manager's Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. F. ID 19-1948 Receive a report and hold a discussion and give staff direction on the proposed Solid Waste Rates for FY 2019-2020. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code,as amended,or as otherwise allowed by law. Page 1 Printed on 81912019 149 City Council Meeting Agenda August 20, 2019 1. Closed Meeting: A. ID 19-1797 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. Deliberate and discuss competitive information regarding public power operational and financial matters pertaining to the purchases and risks of wholesale energy supply pertaining to the proposed electric budget. B. ID 19-1951 Consultation with Attorneys-Texas Government Code Section 551.071. Discuss, deliberate, and receive information from the City's attorneys and provide the City's attorneys with direction regarding legal issues associated with the proposed agreements between the City and potential contractors for delivery of guaranteed tonnage to the landfill where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the Texas Government Code (the `Public Power Exception'). The City Council reserves the right to adjourn into a Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings Act,including,without limitation Sections 551.071-551.086 of the Texas Open Meetings Act. REGULAR MEETING OF THE CITY OF DENTON CITY COUNCIL AT 6:30 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, 215 E. MCKINNEY STREET, DENTON, TEXAS AT WHICH THE FOLLOWING ITEMS WILL BE CONSIDERED: 1. PLEDGE OF ALLEGIANCE A. U.S.Flag B. Texas Flag "Honor the Texas Flag—I pledge allegiance to thee,Texas,one state under God,one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. ID 19-1849 Payroll Week B. ID 19-1889 International Overdose Awareness Day C. ID 19-1922 Special Citizens Bond Advisory Committee 3. PRESENTATION FROM MEMBERS OF THE PUBLIC Page 2 Printed on 81912019 150 City Council Meeting Agenda August 20, 2019 A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public. This section of the agenda permits any person who has registered in advance to make a citizen report regarding a public business item he or she wishes to be considered by the City Council. This is limited to no more than four (4) speakers per meeting with each speaker allowed a maximum of four (4) minutes to present their report. At the conclusion of each report, the City Council may pose questions to the speaker or may engage in discussion. If the City Council believes that a speaker's report requires a more detailed review, the City Council will give the City Manager or City Staff direction to place the item on a future work session or regular meeting agenda and advise staff as to the background materials to be desired at such meeting. C. Additional Citizen Reports - This section of the agenda, which is also known as the "open microphone" section, permits any person who is not registered for a citizen report to make comments about public business items not listed on the agenda. This section is limited to two open microphone speakers per meeting with each speaker allowed a maximum of four (4) minutes. Such person(s) must file a "Blue Card" requesting to speak during this period,prior to the calling of this agenda item. During open microphone reports under this section of the agenda, the Council may listen to citizens speak. However, because notice of the subject of the open microphone report has not been provided to the public in advance, the Texas Open Meetings Act limits any deliberation or decision by the Council to: a proposal to place the item on a future agenda; a statement of factual policy; or a recitation of existing policy. Council Members may not ask the open microphone speakers questions or discuss the items presented during open microphone reports. NOTE: If audio/visual aids during presentations to Council are needed, they must be submitted to the City Secretary 24 hours prior to the meeting. 4. CONSENT AGENDA Each of these items is recommended by Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A — H). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, the Consent Agenda Items will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. ID 19-685 Consider approval of a resolution of the City of Denton allowing the Denton Black Chamber of Commerce to sell alcoholic beverages at the Denton Blues Festival, which will be held on Saturday September 21, 2019, from 11:00 a.m. to 11:00 p.m., and Sunday, September 22, 2019, from 10:00 a.m. to 10:00 p.m., at the Quakertown Park upon satisfying certain conditions; authorizing the City Manager, or his designee, to execute an agreement in conformity with this resolution; and providing for an effective date. B. ID 19-1689 Consider adoption of an ordinance of the City of Denton, authorizing the City Manager to execute a funding agreement between the city and Monsignor King Outreach Center to Page 3 Printed on 81912019 151 City Council Meeting Agenda August 20, 2019 provide General Funds for enhanced shelter services to be provided at the facility at 300 S Woodrow Ln, Denton, TX 76205; authorizing the expenditure of funds not to exceed $400,000.00; and providing an effective date. C. ID 19-1690 Consider adoption of an ordinance of the City of Denton, authorizing the City Manager to execute a funding agreement between the city and Monsignor King Outreach Center to provide General Funds for improvements to the facility at 300 S Woodrow Ln, Denton, TX 76205; authorizing the expenditure of funds not to exceed $80,000.00; and providing an effective date. D. ID 19-1850 Consider adoption of an ordinance of the City of Denton approving a City co-sponsorship in an amount not to exceed $18,587 of in-kind services and resources for the Denton Blues Festival, which will be held on Friday, September 20, 2019 from 11:00 a.m. to 11:00 p.m., Saturday, September 21, 2019 from 12:00 p.m. to 11:00 p.m., and Sunday, September 22, 2019, from 10:00 a.m. to 10:00 p.m., at the Quakertown Park; and providing an effective date. E. ID 19-1851 Consider adoption of an ordinance of the City of Denton granting the Denton Black Chamber of Commerce a noise exception pursuant to Section 17-20 of the City of Denton Code of Ordinances, with respect to sound levels and hours of operation for the Denton Blues Festival, which will be held on Friday, September 20, 2019 from 11:00 a.m. to 11:00 p.m., Saturday, September 21, 2019 from 12:00 p.m. to 11:00 p.m., and Sunday, September 22, 2019, from 10:00 a.m. to 10:00 p.m., at the Quakertown Park; granting an increase in sound levels and a variance in the hours of operation on said dates for Friday from 11:00 a.m. to 11:00 p.m., Saturday from 12:00 p.m. to 11:00 p.m., and Sunday from 10:00 a.m. to 10:00 p.m., with sound not to exceed 70 decibels; and providing an effective date. F. ID 19-1894 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a Professional Services Agreement between the City of Denton and Dannenbaum Engineering Company - Dallas, LLC, amending the contract approved by City Council on June 5, 2018, in the not-to-exceed amount of $183,839.97; said first amendment to provide Professional Engineering Services for the 2018 Denton Sidewalks Project in the amount of $135,715.59; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-007 - providing for an additional first amendment expenditure amount not-to-exceed$135,715.59, for a total contract amount not-to-exceed$319,555.56). G. ID 19-1899 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal cooperation, authorizing the City Manager to execute a contract with Whirlix Design, Inc., for the Construction of Three (2019) Playgrounds for the Parks and Recreation Department; providing expenditure of funds therefor; and providing an effective date (RFP 7020- awarded to Whirlix Design, Inc., in the not-to-exceed amount of $352,791). H. ID 19-1901 Consider approval of the minutes of August 5 and August 6,2019. 5. ITEMS FOR INDIVIDUAL CONSIDERATION Page 4 Printed on 81912019 152 City Council Meeting Agenda August 20, 2019 A. ID 19-1766 Consider nominations/appointments to the City's Boards, Commissions, and Committees: Airport Advisory Board, Animal Shelter Advisory Board, Board of Ethics, Committee on Persons with Disabilities, Community Development Advisory Committee, Health & Building Standards Commission, Historic Landmark Commission, Human Services Advisory Committee, Library Board, Parks, Recreation & Beautification Board, Planning & Zoning Commission, Public Art, Public Utilities Board, Traffic Safety Commission, and Zoning Board of Adjustment. B. ID 19-1907 Consider approval of a resolution of the City of Denton determining the costs of certain authorized improvements to be reimbursed by the Rayzor Ranch Public Improvement District No. 1; approving a Preliminary Service and Assessment Plan, including proposed assessment rolls; calling and providing notice of a public hearing on September 17, 2019, to consider an ordinance levying assessments on property located within the Rayzor Ranch Public Improvement District No. 1; directing the filing of the proposed assessment rolls with the City Secretary to make available for public inspection; directing city staff to publish and mail notice of said public hearing; and resolving other matters incident and related thereto. 7. PUBLIC HEARINGS A. ID 19-1880 Hold a public hearing on a proposal to adopt a tax rate of $0.60545 with a maximum allowable rate of $0.628802 per $100 valuation, which will not exceed the lower of the effective or rollback tax rate. B. ID 19-1692 Hold a public hearing regarding a request for a resolution of no objection from a developer applying for 4% housing tax credit with the Texas Department of Housing and Community Affairs. C. DCA19-0005 Hold a public hearing and consider adoption of an ordinance of the City of Denton, e Texas, amending Ordinance DCA 18-0009q, by establishing a new effective date, amending Sections of the 2019 Denton Development Code to be consistent with House Bill 2439 regarding regulating building products, materials, or methods used in the construction or renovation of residential and commercial buildings; to be consistent with House Bill 3167 regarding municipal approval procedure for land development applications; and amendments related to Planned Development, Historic Landmark Commission composition, Certificate of Zoning Compliance procedure, Replat procedure, Buffer Points and Minimum Width Requirements, Certificate of Appropriateness procedure, Historic Landmark Designation procedure, Highway Corridor maximum building height, Suburban Corridor minimum front yard setback, allowing Elderly Housing, Tattoo and Body Piercing Parlor, General Personal Service, Donation Boxes, and Mobile Food Truck in certain Zoning Districts, minimum square footage for Single Family Detached Dwelling, Short Term Rental use-specific standards, Low-Impact Manufacturing use-specific standards, Accessory Dwelling Unit use-specific standards, Street Tree requirements, Parking and Loading requirements for Private School, Medical Office, and Elderly Housing, Parking Surface Materials, definitions for Dwelling\Dwelling Unit, Automotive Fuel Sales, Floor Area, General Retail, Mobile Food Page 5 Printed on 81912019 153 City Council Meeting Agenda August 20,2019 Court, Recreational Vehicle, Outdoor Storage, and Outside Storage, adding a definition for Mobile Food Truck, deleting the definition of Living Space, and other related edits. STAFF IS REQUESTING THAT THIS ITEM BE WITHDRAWN. (DCA19-0005e, 2019 DDC Amendments,Ron Menguita) D. DCA19-0005f Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance DCA 18-0009q, by establishing a new effective date, amending certain Sections of the 2019 Denton Development Code to be consistent with House Bills 2439 and 3167, and amending certain Sections of the 2019 Denton Development Code to provide clarification, make necessary corrections and other related edits. STAFF IS REQUESTING THAT THIS ITEM BE WITHDRAWN. (DCA19-0005f,2019 DDC Amendments,Ron Menguita). E. DCA18-0009 Hold a public hearing and consider adoption of an ordinance of the City of Denton, u Texas, regarding an amendment to the city's official zoning map; providing for a penalty in the maximum amount of $2000.00 for violations thereof, providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval 7-0. (DCA 18-0009u,DDC Update,Ron Menguita) F. DCA19-0006 Hold a public hearing and consider adoption of an ordinance of the City of Denton, a Texas, suspending enforcement of regulations prescribing the types of materials, products or aesthetic methods used for construction or renovation of residential and commercial buildings, in so far as they conflict with HB 2439 passed by the 86th Legislature of the State of Texas and signed by Governor Greg Abbott on June 14, 2019; enacting selected interim amendments to preempted provisions of the Denton Development Code (Ord. 2002-040, as previously or hereafter amended), the 2019 Denton Development Code (Ord. DCA18-0009q, as it now exists or as it may be amended), and building code regulations; providing for compliance with new state laws affecting materials used in the construction or renovation of residential and commercial buildings, rules and procedures before the Zoning Board of Adjustment; providing for appeals; providing related directives to the City Manager; providing a conflict/savings clause; providing an effective date. The Planning and Zoning Commission recommends approval 0-0. (DCA19-0006a, House Bill 2439,Ron Menguita) G. DCA19-0007 Hold a public hearing and consider adoption of an ordinance of the City of Denton, a Texas, suspending any conflicting application of those permitting and approval procedures related to subdivision and development plans or plats, contained in either the Denton Development Code (Ord. 2002-040, as previously or hereafter amended) or the 2019 Denton Development Code (Ord. DCA18-0009q, as it now exists or as it may be amended), to the limited extent that either conflicts with the provisions of HB 3167, passed by the 86th Legislature of the state of Texas and signed by Governor Greg Abbott on June 14, 2019, directing city staff to process all plans and plats as defined in HB 3167 in accordance with the provisions of HB 3167; providing for conflict/savings clause; and providing an effective date. The Planning and Zoning Commission recommends approval 0-0. (DCA19-0007a,House Bill 3167,Ron Menguita) H. Z19-0006b Hold a public hearing and consider adoption of an ordinance of the City of Denton, Page 6 Printed on 81912019 154 City Council Meeting Agenda August 20, 2019 Texas, amending Ordinance 2015-217 to revise the overlay conditions on approximately 30.7 acres of land zoned Neighborhood Residential (NR-3) District, generally located on the southwest corner of Hinkle Drive and West Windsor Drive, in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability and an effective date. The Planning and Zoning Commission recommended approval of the request (6-1). (Z19-0006b, Fireside Addition, Julie Wyatt) 8. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics,above posted. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas,on the day of ,2019 at o'clock(a.m.)(p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM AND COUNCIL CHAMBERS ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. Page 7 Printed on 81912019 155 Future Work Session Items 8/09/2019 Meeting Date EL Currently Slated Work Session Items Utility Street Cuts 13-Aug Budget Work Audit(IA)/ Session/Utility Rate Proposed 2019 Bond Procurement Audit Public Meeting 11:00 Start Time Ordinances Program (IA)/P-Card Audit(IA) Rayzor Ranch PID DDC Update Recordings Solid Waste Rate Historic Preservation Development Services Recreation Cost of Oridnance/Valet 20-Aug Plan Budget Workshop Fees DDC Update Service Study Contracts Pay-As-You-Go Construction Code 27-Aug Program Overview Budget Workshop Chamber Contract Atmos Energy Update Review Board of Ethics 9-Sep Lunch Joint EDPB/City Council Luncheon Manufactured Home Credit and Collections 30-Sep Budget Workshop Municipal Broadband Roadway Impact Fee Financial Risk Disclosure Study Economic Development Corridor Amazon Smile City Plan/Reinvestment Signage and Design 17-Sep DCTA Update Budget Workshop Charity Care Contributions Grant Standards Roadway Quality Audit City Facility Naming Work Session Strategy (IA)/Police Overtime 24-Sep Policy Mosley Road Landfill Session Outdoor Noise Audit Work Plan Audit(IA) 10-7 Lunch Cole/Hunter Ranch Development Services Council&Committee 8-Oct Certified Mailings Rules of Procedure Gas Well Setback Employee Ethics Policy DME Budget Update Relocation Policy Municipal Rental Non-Profit Inspection Program Commercial Food Development Fee Grant 15-Oct Update Diversion(October) Quiet Zones City Hall West Program Affordable Housing/ Waste Reduction Housing Assistance Scooter Share Strategies Construction Code Accounts Payable Right of Way Date TBD Review Audit(IA) Ordinance Follow-up November 4 DISD Group Home Code Luncheon Sobering Centers Amendment (Demogrpaher) Purchasing Manual Mews Streets Update Top priorities from Top Priorities from 3/4 Work Session �4/23 Work Session 156 Street Closures Report ImmoV G Week of August 12-August 18,2019 — —iti The Construction Projects Report is updated weekly and reflects most City planned construction projects that impact traffic �1F for a minimum of 5 days.Construction projects not listed on this report may not meet this criteria,or are not a City of Denton DENTON managed improvement or construction project. DEN N Date of Date of Other Department Updated Information/ Street/Intersection From To Construction Completion Brief Description of Construction I Department Letters Communication Contact: Notes CURRENT PROJECTS See Yellow Highlighted for Ma or Closures Concrete Sidewalk Repair Balboa Ct. Lido Way Cul de sac 8f 12f 19 9f 13f 19 (Temporary Lane Closure;Street Will Streets (940)349-7160 New Project Reopen after 5 pm) Mayhill Project Bridge Website& Part of Mayhill Rd.Widening Blagg Rd. Mayhill Geesling 3/18/19 10/31/19 (Temporary Street Closure) Engineering Nextdoor (940)208-4318 Capital Project Notification Bonnie Brae St. Roselawn North of 7/1/17 10/1/19 Street Widening Engineering 6/14/18 (940)349-8910 Part of Bonnie Brae Ph. Vintage (No Street Closures) Capital Project Water Main Replacement Part of North South Water Nextdoor Bonnie Brae St. Highland Park Willowwood 5/13/19 8/23/19 North South Water Main Ph.II Engineering Website, (940)349-8910 Main Ph.II Capital Project Notification (Bonnie Brae from Roselawn (Temporary Street Closure) to 135E); Part of Bonnie Brae Ph.IV Roundabout Website,Nextdoor Capital Project(135E to Bonnie Brae St. Intersection of Scripture 6/13/19 8/31/19 Bonnie Brae Ph.IV Engineering 5/25/19 Notification (940)349-8910 Scripture);Overall (Intersection Closure) intersection completion is 11/13/19 Nextdoor Brinker Rd. Loop 288 Quail Creek 7/8/19 8/29/19 Storm Drain Demolition Drainage Website, (940)391-6299 (Temporary Lane Closure) Notification Concrete Sidewalk Repair Cruise St. Fiste Comer 8/12/19 9/13/19 (Temporary Lane Closure,Street will Streets (940)349-7160 New Project reopen after 5 pm) Water Main Replacement Completion accelerated from Hercules Ln. Sherman Stuart 3/25/19 8/12/19 (Temporary Lane Closure) Water 3/4/19 (940)391-0050 8/12/19;Part of Hercules Water Project Drainage and Street Improvements Wesbsite, Street repairs to follow on Hickory St. Ave B Fry 6/12/19 8/19/19 (Street Closure) Streets 5/30/19 Nextdoor (940)349-7160 Hickory from Fry to Carroll Notification 157 Date of Date of Other Department Updated Information/ Street/Intersection From To Construction Completion Brief Description of Construction Department Letters Communication Contact: Notes Drainage and Street Improvements Wesbsite, Street repairs to follow on Hickory St. Intersection of Fry 6/12/19 8/19/19 (Street Closure) Streets 5/30/19 Nextdoor (940)349-7300 Hickory from Fry to Carroll Notification Street Reconstruction Highview Cir. Forrest Ridge Forrest Ridge 6/10/19 8/16/19 (Full Street Closure,Reopen at 6 pm Streets 5/6/19 (940)349-7160 daily) Street and Drainage Improvements Part of Magnolia Drainage Hinkle Dr. US 380 Headlee 5/23/19 9/1/19 Magnolia Drainage Ph.II Engineering 11/13/18 (940)349-8910 Capital Project(Hinkle from (Street Closure) University to Windsor and Windsor from Hinkle to Elm) Street and Drainage Improvements Part of Magnolia Drainage Hinkle Rd. Headlee Windosr 7/3/19 9/1/19 Magnolia Drainage Ph.II Engineering 6/26/19 Capital Project(Hinkle from (Street Closure) University to Windsor and Windsor from Hinkle to Elm) Water Main Replacement Completion accelerated from Huntington Dr. Hercules Sun Valley 6/17/19 8/12/19 (Temporary Lane Closure) Water 3/24/19 (940)391-0050 8/16/19;Part of Hercules Water Project Street Resurfacing,Curb and Gutter Kendoph Ln. Underwood Willowwood 7/24/19 8/17/19 (Temporary Street Closure;will reopen Streets 5/6/19 Website,Nextdoor Notification (940)349-7160 at end of each day) Wastewater Main Replacement Website,Nextdoor Cpmpletion extended from Kerley St. Duncan Shady Oaks 4/25/19 8/31/19 (Temporary Street and Lane Closures) Wastewater Notification (940)349-7128 8/17/19 Concrete Sidewalk Repair Lido Way Bell Cul de Sac 8/12/19 9/13/19 (Temporary Lane Closure;Street will Streets (940)349-7160 New Project Reopen after 5 pm) Drainage Improvements Pec 4 Ph.I& Locust St. E.Prairie Maple 8/12/19 10/14/19 II Engineering (940)268-9726 New Project (Temporary Lane Closures) Mayhill Rd. US 380 Edwards 9/1/17 2/1/20 Street Widening Engineering 1/3/18, 1/24/18 Door Hangers (940)208-4318 Part of Mayhill Rd.Widening (Temporary Lane Closures) Capital Project Storm Drain Installation and E.McKinney St. Grissom S.Fork 3/11/19 12/1/19 Street Widening Engineering 3/7/19 (940)349-8910 Part of McKinney Rd. (Temporary,Intermittent Closures) Widening Capital Project McKinney St. Intersection of Woodrow 8/12/19 8/19/19 Signal Improvements Traffic (940)349 7486 New Project (Temporary Lane Closures) 158 Date of Date of Other Department Updated Information/ Street/Intersection From To Construction Completion Brief Description of Construction Department Letters Communication Contact: Notes Mayhill Street Widening Morse St. Intersection of Mayhill 8 1 19 9 1 19 Part of Mayhill ProRd.ject Widening y / / / / (Mayhill lanes open;No access to Engineering (940)349-8930 Capital Project Morse from Mayhill) Locust Substation Construction Myrtle St. Collins Daugherty 7/10/19 8/16/19 (Temporary,Intermittent Street DME (940)349-7669 Completion delayed from Closures) 8/7/19 Sidewalk Repair Newport Ave. Mockingbird Pace 8/12/19 9/13/19 (Temporary Lane Closure, Will reopen Streets (940)349-7160 New Project after 5 pm each day) Water Improvements Completion accelerated from Orr St. Bolivar Locust 8/10/19 9/4/19 (Temporay Lane Closure;Reopen at Water Website (940)391-0050 9/7/19;Wastewater and end of each day) Streets to follow Water Improvements;Part of Orr Orr St. Intersection of Locust 8/10/19 9/4/19 Water Project Water (940)391-0050 Part of Orr Water Project (Temporary,Intermittent Lane Closures) Parkway St. Carroll Denton 7/22/19 8/23/19 Sidewalk Repair Streets Website (940)349-7160 (Temporary Lane Closure) Drainage Improvements Pec 4 Ph.I&II Part of Pec 4 Ph.I&II Capital Prairie St. Locust Wainwright 7/31/19 10/1/19 Engineering (940)268-9726 Project;Closures from (Termporary,Intermittent Street Wainwright to Bell to follow Closure) Wastewater Improvements Sand Creek Dr. Angelina Bend Angelina Bend 7 17 19 8 23 19 Completion extended from y g g / / / / (Temporary Street Closure to Thru Wastewater Website (940)349-7128 8/13/19 Traffic, Will reopen at 6 pm each day) Water Main Replacement Completion accelerated from Sheraton Rd. Hercules 350 ft north 6/17/19 8/12/19 (Temporary Lane Closure) Water 3/24/19 (940)391-0050 8/16/19;Part of Hercules Water Project Sherman Dr. Monterey Stuart 5/7/19 8/16/19 Wastewater Main ReplacementWastewater Website (940)349-8909 (Temporary Lane Closure) Sherman Dr. Intersection of Windsor 7/12/19 8/16/19 Wastewater Main ReplacementWastewater (940)349-8909 (Temporary Lane Closures) 1200 ft west of 1200 ft east of Street Repair Part of Mayhill Rd.Widening University Dr.(US 380) Mayhill Mayhill 6/3/19 8/16/19 (Temporary,Intermittent Lane Engineering Website (940)349-8910 Capital Project Closures) Street Widening Ft.Worth Dr.(US 377) IH 35E 0.26 M south of 12/3/18 12/12/20 (Temporary Lane Closures during non- TxDOT 9/25/18 Public Meeting FM (940)387-1414 1830 peak traffic) 10/8 159 Date of Date of Other Department Updated Information/ Street/Intersection From To Construction Completion Brief Description of Construction Department Letters Communication Contact: Notes Atmos Utility Relocation Wainwright St. Sycamore Bell 6/24/19 9/13/19 (Temporary,Intermittent Street Atmos 6/20/19 Completion extended from 8/14/19 Closure) Street Improvements William St. Oak Hickory 7/29/19 8/19/19 (Temporary Street Closure;Reopened Streets Website (940)349-7160 at end of each day) Water Main Replacement Completion accelerated from Yellowstone PI. Hercules 350 ft north 6/12/19 8/12/19 (Temporary Lane Closure) Water 3/24/19 (940)391-0050 8/16/19;Part of Hercules Water Project Wintercreek Dr. Kappwood Country Club 8/5/19 9/20/19 Concrete Street Panel Repair Streets (940)349-7146 New Project (Temporary Lane Closures) 160 Date of Date of Other Department Updated Information/ Street/Intersection From To Construction Completion Brief Description of Construction Department Letters Communication Contact: Notes COMPLETED PROJECTS Curb,Gutter,and Base Failure Repair Cordell St. Fulton Alice 7/1/19 7/24/19 (Temporary Lane Closure;Street will Streets 6/20/19 (940)349-7160 open after 5 pm) Wastewater and Water Main Northwood Replacement Wastewater Edgewood PI. Terrace Crestwood 5/9/19 7/16/19 (Temporary,Intermittent Road and Water 5/2/19 (940)349-7300 Closure;Reopen at 6 pm each day) Street Reconstruction Egan St. Lovell Malone 6/17/19 8/7/19 (Full Street Closure;Reopen at 5 pm Streets 6/11/19 (940)349-7160 New Completion daily) Sidewalk Repair Glenn Falls Ln. Blue Sky Lane Cul de Sac 7/1/19 8/2/19 (Temporary Lane Closure,Street will Streets 6/21/19 (940)349-7160 open after 5 pm) Greenwood Dr. Intersection of Robin Wood 7/8/19 7/18/19 Valley Gutter Installation Streets (940)349-7160 (Street Closure) Highland St. Carroll IOOF 5/20/19 7/25/19 Highland Street Fence Parks Website (940)349-7464 (Intermittent Closures) Water Main Replacement Johnson St. E.Collins E.Daugherty 5/29/19 8/6/19 (Temporary Street Closure;will open Water 5/6/10 (940)391-0050 New Completion at 6:00 pm daily) Street Resurfacing,Curb and Gutter Website,Nextdoor Kendoph Ln. Underwood Willowwood 7/24/19 7/27/19 (Temporary Street Closure;will reopen Streets 5/6/19 Notification (940)349-7160 at end of each day) Kings Row Yellowstone Sherman 5/6/19 7/12/19 Street Reconstruction Streets 12/7/18 (940)349-7160 (Temporary Lane Closure) Kings Row Yellowstone Stuart 5/29/19 7/12/19 Street Reconstruction Streets 4/9/19 Website,Nextdoor (940)349-7160 (Temporary Lane Closure) Notification Kirby Dr. San Felipe Memorial 7/15/19 8/7/19 Street Panel/Sidewalk Repair Streets (940)349-7160 New Completion (Temporary Lane Closure) Lipizzan Dr. Tennessee Rocky Mountain 7/8/19 7/24/19 Street Panel/Sidewalk Repair Streets 7/2/19 (940)349-7160 (Temporary Lane Closure) Locust St. Collins Daugherty 6/13/19 7/15/19 Locust Substation Construction DIME (940)349-7669 (Temporary,Intermittent Closures) 161 Date of Date of Other Department Updated Information/ Street/Intersection From To Construction Completion Brief Description of Construction Department Letters Communication Contact: Notes Mills Rd. Mayhill Cunningham 6/3/19 7/30/19 Storm Drain Inlet and Repave Engineering 5/15/19 Website,Nextdoor (940)208-4318 Part of Mayhill Rd.Widening (Temporary Street Closure) Notification Capital Project Myrtle St. Eagle Maple 1/31/19 7/18/19 Eagle Drainage Improvements Engineering 8/21/18 Contacted DCTA (940)349-8910 Part of Eagle Dr.Drainage (Street Closure) Capital Project Wastewater and Water Main Replacement Wastewater Part of Northwood Terrace Cul de sac Edgewood Place 5/9/19 7/16/19 (Temporary,Intermittent Road and Water 5/2/19 (940)349-7300 Northwood/Edgewood Closure,Reopen at 6 pm each day) Project Oak St. Intersection of Fry 7/12/19 7/26/19 Signal Improvements Traffic (940)349 7486 (Temporary Lane Closures) Oak St. Intersection of Jagoe 7/26/19 7/29/19 Signal Improvements Traffic (940)349 7486 (Temporary Lane Closures) Stuart Rd. Long Keystone 1/30/19 7/26/19 Street Reconstruction CM Nextdoor (940)231-9963 (Street Closure) Construction Notification Sweetgum Street Panel/Sidewalk Repair Dr. Daisy Lantana 6/24/19 7/24/19 Streets 6/12/19 (940)349-7160 (Temporary Lane Closure) Curb and Gutter Replacement/Street Third St. Bolivar N.Elm 8/5/19 8/6/19 Resurfacing Streets (940)349-7160 New Completion (Temporary Street Closure, will reopen at end of each day) Drainage Improvements Wainwright St. Prairie Highland 7/1/19 8/1/19 Pec 4 Ph.I&II Engineering 6/20/19 (940)268-9726 Part of Pec 4 I&II Capital (Street Closure) Project Windsor Dr. Intersection of Sherman 7/30/19 8/6/19 Signal Improvements Traffic (940)349 7486 New Completion (Temporary Lane Closures) Sidewalk Repair Yellowstone PI. Kings Row Sun Valley 7/1/19 7/24/19 (Temporary Lane Closure;Reopen at 5 Streets 6/12/19 (940)349-7160 pm daily) 162 Date of Date of Other Department Updated Information/ Street/Intersection From To Construction Completion Brief Description of Construction Department Letters Communication Contact: Notes UPCOMING PROJECTS Bell Ave. Intersection of Mingo 8/23/19 8/26/19 Signal Improvements Traffic (940)349 7486 (Temporary Lane Closures) Bell Ave. Intersection of Sherman 8/27/19 8/30/19 Signal Improvements Traffic (940)349 7486 (Temporary Lane Closures) City of FM2181 Denton/Corinth Lillian Miller TBD TBD Street Widening TxDOT (940)-387-1414 TxDOTProject-currently on hold City limits Street repairs to follow on Hickory St. Fry Welch 8/19/19 12/19/19 Street Reconstruction Streets (940)349-7160 Hickory from Welch to Carroll Hickory Creek Rd. Teasley Riverpass TBD Street Widening TBD Engineering 11/26/18 (940)349-8910 (Temporary Lane Closures) 135E northbound service 500 ft west of Wastewater Improvements located 9/23/19 11/2/19 Wastewater (940)349-7128 Start delayed from 9/12/19 road Bonnie Brae (Temporary Lane Closures) Lakeview Blvd. Blagg Stallion 8/19/19 9/20/19 Concrete Panel Repair Streets (940)349-7160 (Temporary Lane Closure) Massey St. Hwy 377 200'West TBD Street Boring TBD TxDot Email Notifications (940)387-1414 (Street Closure) Water Main Replacement,Street Repairs Start delayed from 8/17/19; Mistywood Ln. Woodhaven Jamestown 9/21/19 1/22/20 Water 12/17/18 (940)391-0050 Part of Mistywood Water (Temporary Lane Closure,Reopen at 6 Project pm daily) Wastewater Improvements Orr St. Elm Locust 8/24/19 9/21/19 (Temporary Lane Closure;Reopen at Wastewater (940)349-7128 Start delayed from 9; follow end of each day) Street repairs to follow Kansas City Drainage and Roadway Construction Part of Bonnie Brae Ph. Roselawn Dr. Bonnie Brae TBD TBD Bonnie Brae Phase 1 Engineering N/A (940)349-8910 Southern RR Capital Project (One Lane traffic control) Rockwood Ln. Royal Mistywood 10/28/19 TBD Street Repairs Streets 11/23/18 Door Hangers (940)349-7160 (Road Closure) Water Improvements Start delayed from 8/17/19; Rockwood Ln. Royal Mistywood 9/21/19 1/22/20 (Temporary Lane Closure;Will reopen Water (940)391-0050 Part of Mistywood Water at 6 pm daily) Project Royal Ln. Royal Rockwood 10/28/19 TBD Street Reconstruction Streets 11/23/18 (940)349-7160 (Road Closure) 163 Date of Date of Other Department Updated Information/ Street/Intersection From To Construction Completion Brief Description of Construction Department Letters Communication Contact: Notes Water Improvements Start delayed from 8/17/19; Royal Ln. Mistywood Rockwood 9/21/19 1/22/20 (Temporary Lane Closure;Will reopen Water (940)391-0050 Part of Mistywood Water at 6 pm daily) Project Saddleback Dr. Intersection of Highpoint 8/26/19 9/6/19 Concrete Panel Repair Drainage (940)391-6299 (Temporary Lane Closure) Base Repairs Meet with business Crews will move here after Shady Oaks Dr. Teasley Woodrow TBD TBD (Temporary Lane Closure) Streets Electronic Signs owners (940)349-7160 work on Kerley St.is complete Smith St. Johnson Dallas 9/3/19 10/1/19 Wastewater ImprovementsWastewater (940)349-7128 Start delayed from 8/19/19 (Temporary Lane Closure) Thomas St. Panhandle Oak TBD TBD Streets Construction Streets (940)349-7160 Part of 2019 Street Bundle Vintage Blvd. US 377 135W 10/9/19 12/8/21 Street Widening Engineering (940)349-8910 Part of Bonnie Brae Ph.II Bonnie Brae Phase 2 Capital Project Water Improvements Start accelerated from Wayne St. Boyd Mozingo 9/5/19 10/9/19 (Temporary Lane Closure, Will reopen Water (940)391-0050 9/9/19 at end of each day) Windsor Dr. Intersection of Locust 8/20/19 8/22/19 Signal Improvements Traffic (940)349 7486 (Temporary Lane Closures) 164