052220 Friday Staff Report City Manager's Office
215 E. McKinney St., Denton, TX 76201 • (940) 349-8307
DENTON
MEMORANDUM
DATE: May 22, 2020
TO: The Honorable Mayor Watts and Council Members
FROM: Todd Hileman, City Manager
SUBJECT: Friday Staff Report
L Council Schedule
A. Meetings
1. Cancelled - Council Airport Committee on Tuesday, May 26, 2020 at 10:00 a.m.
in the City Hall Conference Room.
2. No - City Council Meeting on Tuesday, May 26, 2020.
3. Cancelled - Downtown Denton Tax Increment Financing Zone No. 1 Meeting on
Wednesday,May 27,2020 at 12:00 p.m. in the City Council Work Session Room.
4. Civil Service Commission on Wednesday, May 27 at 11:30 a.m. via
video/teleconference—City Council Work Session Room.
5. Cancelled - Agenda Committee Meeting on Wednesday, May 27, 2020 at
2:30 p.m. in the City Manager's Conference Room.
6. Special Called City Council Meeting on Friday, May 29, 2020 at 1:00 p.m. via
video/teleconference—City Council Work Session Room.
II. General Information & Status Update
A. Denton County CARES Prog am — The U.S. Treasury set aside $150 billion in the
CARES Act and calculated payments based on total population counts. Counties and
cities with populations greater than 500,000 received funds directly from the federal
government. On March 20, Denton County Commissioners released their plans for the
use and distribution of$147 million from the Coronavirus Relief Fund that provided
payments to states and local governments impacted by the COVID-19 pandemic.
All Denton County municipalities will have three options from which to choose how
or whether they receive funds. The options include allotting funds at $55 per capita,
allowing for supply requests without funding upfront, or a combination of providing
supply requests and allowing for reimbursements of expenses incurred as related to
OUR CORE VALUES
Integrity • Fiscal Responsibility • Transparency • Outstanding Customer Service
COVID-19, with documentation and receipts. On May 20, Mayor Watts submitted the
attached letter to Denton County Judge Eads to request CARES Act Funding to be
allotted to the City of Denton at a $55 per capita amount, which was Option 1 as
presented in the May 19 COVID-19 Update.
In addition, Commissioners Court approved a general outline for how the funds will be
earmarked moving forward along with an estimate of current expenditures incurred by
the County:
• $45 million to be reserved for or distributed to municipalities at $55 per
capita (excludes Fort Worth and Dallas);
• $24 million allocated for local business grants (includes $2.2 million in
existing business grant program);
• $20 million for housing assistance program;
• $10 million for food programs;
• $6 million towards estimated expenditures to date on COVID-19;
• $2 million to support local nonprofit efforts; and
• $40 million for the county's ongoing expenses, personal protection
equipment and public health.
As part of this effort, Commissioners Court is launching the Denton County Coalition
of Agencies to Restore Essential Services (CARES) program to help easily identify
community needs and funding opportunities. More details about each segment of the
Denton County CARES program will be released in the coming weeks. Staff contact:
Sarah Kuechler, Public Affairs
B. Department of Public Safety Phased Reopening's — On May 21, Governor Abbott
announced that the Texas Department of Public Safety (DPS) will begin a phased
reopening of driver license offices starting May 26, with limited service offerings. As
part of this opening plan, DPS will launch a statewide driver license appointment
system that allows customers to book appointments up to six (6) months in advance.
The limited services offered will be by appointment only.
Phase 3 of the department's reopening plan will see Denton County DPS offices reopen
with limited services beginning June 3, 2020. Customers who currently do not possess
a Texas driver's license, commercial driver's license, learner permit, or ID card, as
those who are in need of a drive test, can begin scheduling appointments on May 29 at
1 p.m.,by accessing the above link to the new appointment system. Staff contact: Sarah
Kuechler, Public Affairs
C. Loop 288 Property Update—The following is a brief update on actions and next steps
regarding the property acquisition at 909 N Loop 288 for a center to serve individuals
experiencing homelessness. Staff will continue to provide updates to City Council as
the project progresses.
• Property Purchase — The due diligence period is nearly complete (appraisal,
property inspection, and environmental assessment). The boundary survey will
be complete this week. Staff is also in the process of securing a commercial
inspection. We expect to close by mid-June.
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• Project Team—A project team has been formed including representatives from
the City, Our Daily Bread, and Monsignor King Outreach Center, with
participation as well from Serve Denton and United Way. The team met twice
and is scheduled to meet at least every two weeks. The nonprofit partners are in
the process of developing a business plan and budget forecasting for the
project. In addition, they have been meeting to plan for the organizational and
operational structure of these two partners going forward. City staff on the
project also met with Planning regarding the property zoning and with Legal to
begin discussions and consideration of contractual agreements. Facilities is
assisting with forecasting potential costs for barrier fencing and lighting for
security and controlling access.
• Zoning Process and Timeline — The property is currently zoned Suburban
Corridor (SC). Staff is in the process of requesting a zoning change to Public
Facilities (PF). Planning generated the Project number and request a for zoning
change. On Tuesday,May 26,notices will be sent out to property owners within
200 feet, residents within 1000 feet, and multi-family properties near the
property. Staff plans to hold a virtual neighborhood meeting regarding the
zoning request on June 4, hold the P&Z hearing on June 17, and bring forward
to City Council in July.
• Project Timeline — The next steps include securing architectural services to
guide the development of the project budget and project schedule, including
potentially incorporating improvements in phases as needed. Design and
improvements to the Loop 288 facility will be planned and prepared in
consideration of the COVID-19 pandemic and making available a facility to
safely provide emergency assistance to vulnerable populations who may be at
increased risk.
Staff contacts: Sarah Kuechler and Dani Shaw, Community Services
D. Basketball Courts Reopening—Beginning Friday, May 22, all City of Denton outdoor
basketball courts will be available for recreational play during normal park operating
hours. Anyone playing on the courts is encouraged to maintain social distancing, touch
only personal basketballs, and bring hand sanitizer and water bottles. No more than
four players should be on a half-court at a time. Staff contact: Gary Packan, Parks and
Recreation
E. Frame Street Homeless Encampment Cleanup—The Homeless Outreach Team(Non-
profits, Police, and Fire) continues to perform street outreach to individuals living
unsheltered during the COVID-19 pandemic to help connect individuals to services or
resources that may be available, as well as monitor for the health and safety of
individuals that may be staying at encampment sites. Please see the attached memo
regarding the recommended cleanup of a site located northeast of McKinney Street and
Frame Street. Staff contact: Sarah Kuechler, Public Affairs
F. Organizational Updates — Over the past few weeks there have been discussions
regarding organizational changes within the Finance, Water Utilities, and Capital
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Projects Departments. The following is a summary of those changes and their effective
dates:
• Effective Monday,May 18,the Program Management Office(PMO)which was
housed in Capital Projects,has been transferred to the Finance Department. The
PMO will be re-named Capital Projects and Strategic Planning and will focus
on developing an organization-wide Capital Budget for the Water Utilities,
Capital Projects, DME, Solid Waste, Parks and Recreation, and Facilities
Departments. This will include creating and maintaining financial reports,
communicating the financials of the Capital Plan to the City Manager's Office,
various City Boards and Committees, and City Council. Another area of
emphasis for this function is to monitor and report on the strategies and goals
set forth by the City Council as well as develop and track the metrics that
demonstrate progress.Kevin Ann Mullen will be leading this group as Assistant
Director of Finance — Capital and Strategic Planning and will report to David
Gaines, Director of Finance. She can be reached at
kevin.mullen(cr�,c ityo fdenton.com.
• Effective Monday, May 25, Pritam Deshmukh — Deputy City Engineer and
Becky Diviney — Deputy Director of Water & Wastewater will be switching
roles. Pritam will be transferring from Capital Projects to Water Utilities and
Becky will be transferring from Water Utilities to Capital Projects. Both Becky
and Pritam are smart, capable, and likeable individuals who have certain career
aspirations and need experiences beyond their current roles. Also the
organization needs their skills to continually challenge assumptions and their
influence for continual improvements in these operations. There is a
tremendous amount of work to be completed in both departments as the projects
are plentiful and the needs for maintenance of city assets will always be needed.
Also, expectations are high in both departments and we believe both of them
can take their new areas of responsibilities to higher levels.
During the transition both Becky and Pritam are working on cross-training the other,
so they will be working closely over the next several weeks. As issues are discovered
around the city, please contact the following individuals:
• Water and sewer matters such as leaks, breaks, water meter issues, etc.: Pritam
Deshmukh, Deputy Director Water/Wastewater
(pritam.deshmukh(kc ityo fdenton.com)
• Capital and engineering projects such as current and past bond programs,
drainage projects, TXDOT issues, etc.: Becky Diviney, Deputy City Engineer
(becky.diviney(kc ityo fdenton.com)
• Street and drainage maintenance issues such as pot holes, cracked/uneven
sidewalks, clogged drainage channels, etc.: Daniel Kremer, Deputy Director
of Operations (daniel.kremer&cityofdenton.com)
• Traffic signs and signals issues such as flashing or dark signals, broken signs,
etc.: Brian Jahn, Traffic Engineer (brian.jahn(c�r�,cityofdenton.com)
Staff contact: Mario Canizares, City Manager's Office
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G. UWDC COVID-19 Relief Fund Update—Please see below for an update of the United
Way of Denton County's (UWDC) COVID-19 Relief Fund Eviction Prevention
program as of Wednesday, May 20 at noon. The below chart now includes the
breakdown of `all other Denton County' households assisted by the City. As a
reminder, if funds restricted for Denton or Lewisville residents are expended,
unrestricted funds may be used to assist Denton and Lewisville residents.
The attached flyer intends to assist with promotion of the fund and to provide more
clarification of the overall process. Over the past week,the flyer was updated to include
the direct line for Enhanced Information and Referral support staff in the event that
households do not have internet access or would like assistance identifying the best
nonprofit agency to contact for assistance. Staff contact: Sarah Kuechler,Public Affairs
Local Government CRF-Eviction Prevention Update
LAST UPDATED 5/20/2020 AT 12-D0 P.M.
Denton Lewisville All Other Denton County Total
#Agencies 6 2 2 10
#Households Assisted 111 96 124 331
#Rent/Mortgage/Utility 111 86 121 318
#Extended Hotel Stay 0 10 1 11
#Temporary Hotel 0 0 2 2
Denied Requests 6 0 5 11
Funds Raised $130,000.00 $74,000.00 $342,500.00 $546,500.0D
Expenses $116,547.58 $74,000.00 $151,050.11 $341,597.69
Current Balance $13,452.42 $0.00 $191,449.89 5204.902.31
All Other Denton County 124
Aubrey 9
Bartonville 1
Carrollton 17
Coppell 3
Corinth 12
Cross Roads 1
Dallas 14
Flower Mound 5
Frisco 5
Justin 1
Lake Dallas 11
Little Elm 10
Plano 1
Ponder 1
Prosper 1
Providence Village 4
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H. Bars Reopening Under Executive Order GA-23 — Under Gov. Abbott's Executive
Order GA-23, bars were permitted to reopen for service at 12:01 a.m. Friday, May 22.
Bars must limit their capacity to 25% of their listed occupancy, as well as follow the
minimum standard health protocols outlined in the attached Open Texas Checklist.
The Police Department anticipates an increase in complaints regarding establishments
that may be in violation of the Governor's protocols for reopening. The Police
Department,Fire Marshal, Community Improvement Services, and other City staff will
work to address these complaints. Since the Governor's initial Executive Orders
regarding COVID-19, the City has prioritized educating businesses before issuing
citations. Residents are encouraged to use the Engage Denton app to notify staff about
businesses of any kind that violate the Governor's order.
Additionally, with bars reopening and the Memorial Day weekend upon us, police
officers will be actively patrolling for drunk drivers as part of our commitment to
reduce DWI/DUI vehicle crashes and protect the public. Staff contact: Frank Dixon,
Police
I. Weekly Unemployment Update — Staff is working to assemble, review, and analyze
unemployment and labor data each week. Staff will provide ongoing updates
throughout the COVID-19 pandemic as data is made available.
• U.S. Department of Labor(DOL)
o DOL released its weekly unemployment report on Thursday, May 21.
The full report is available here.
• U.S. Bureau of Labor Statistics (BLS)
o BLS releases area economic summaries with data regarding local area
employment/unemployment, wages, consumer price index, and more.
The current summary for the DFW area includes data through March
2020. The summary is available here.
• Texas Workforce Commission(TWC)
o TWC has created a UI Claimant Dashboard to provide updated
graphical representations of data and datasets for download. The
dashboard is available here.
o April local unemployment data was released on the Texas Labor Market
Information(www.texasLMI.com) system on May 22.
■ The local unemployment rate for Denton was 14.1%, with
10,265 persons unemployed.
o TWC also provides data on weekly unemployment claims filed and how
the claim was received. The chart with data as of May 22 is below.
Staff contact: Jessica Rogers, Economic Development
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Unemployment Claims Filed
COVID-19 Unemployment Claims Filed
Week Ending Total Internet Telephone Other
2122 7,053
2129 7,393
317 6,368 *'
3114 16,176` 2,731 1,380 1,931
3121 158,364` 141,632 13,678 3,054
3128 276,185' 256,214 20,642 15,696
414 313,832` 321,000 20,000 20,000
4111 273,567* 221,500 14,800 10,300
4118 280,761' 283,900 21,600 19,600
4125 254,084` 246,600 25,100 165,600
512 247,179• 237,400 28,300 20,200
519 141,672' 166,800 30,500 12,900
5116 134,381` 145,400 29,400 21,700
5123 119,300 89,100 17,800 12,200
Unless indicated,numbers are estimates based on internal TWC data and are subject to revision.
'Official Department of Labor Data when available and TWC Estimates
-Breakdown Data Unavailable
J. Emerald Ash Borer-On May 21, Council Member Armintor requested information on
the Emerald Ash Borer (EAB) and precautions that the City is taking in the DynoDirt
operations to protect against the invasive pest. The EAB is has been confirmed in the
City of Denton as highlighted in a recent Denton Record-Chronicle article that includes
information provided by the City's Urban Forrester.Additional information is provided
in the attached Fact Sheets.
Staff contacted the City's grinding contractor, Thelin Recycling Company, who also
performs grinding services in Tarrant County which is already under the EAB
quarantine. Their grinding operation meets the Texas Department of Agriculture
(TDA) requirements for wood chips and mulch of less than one inch in size, in at least
two dimensions. All the green waste is ground prior to composting to meet the TDA
requirements. Staff will continue to monitor the EAB in the City and as it relates to the
DynoDirt operations. Staff contacts: Kenneth Banks, Utilities Administration and
Haywood Morgan, Parks and Recreation
K. Eight Liner Machines-Over the past week, several Council members have forwarded
concerns about Eight-Liner Machines, which operate similarly in appearance and
function to slot machines. Chief Dixon has provided the attached memo which outlines
additional information about the machines, including current regulations.
Staff also reached out to TML regarding any past bills or opportunities to sponsor future
bills that may be in an upcoming Legislative session. The TML representatives
provided the attached Q&A document from January 2020. TML has seen legislation
proposed in many of the past legislative sessions, each of which failed to pass into law.
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The City Attorney's Office has also identified ongoing litigation that was recently sent
from the Texas Supreme Court to a lower court for a ruling. More information can be
found in a May 8, 2020 Fort Worth Star-Telegram article (attached). A more detailed
analysis can be found in the Legal Status Report. Staff will continue to monitor the
status of this legislation and update Council as information becomes available. Staff
contact: Stuart Birdseye, City Manager's Office
L. Donation for Shade at North Lakes Dog Park—The Denton Parks Foundation(DPF) is
proud to support the Parks and Recreation Department's continued development of the
new North Lakes Dog Park with a $20,000 donation. After the community asked for
shade at the park,there was an opportunity to make it happen, thanks to a generous and
flexible donor. DPF is thrilled to fund this project, which will support a community
hub. This hub will inspire dog lovers to safely engage, interact, and exercise with their
neighbors and friends, including man's best friend. DPF looks forward to the eventual
reopening of the park when it is appropriate. Staff contact: Brooke Moore, Denton
Parks Foundation via Gary Packan, Parks and Recreation
M. Business Utilities Payment Plans — On May 12, Council Member Armintor requested
information concerning business payment plans that would achieve goals similar to the
residential Pay As You Go program. A cross-departmental team was formed to discuss
potential solutions conserning issues that businesses may face if their utility payments
are negatively affected by COVID-19. Currently, businesses are separated into
different rate classes based on anticipated usage. With the different classes, there are
minimum monthly payments that each business must make. Additionally, most of the
City's business customers have power needs that require a meter that is too large to
incorporate the technology needed for a pay as you go program. Staff is monitoring
some manufacturers that are attempting to develop this technology, however they have
been unsuccessful in attempts to produce a safe and functional product. Because of
these factors, it is difficult to have a uniform Pay As You Go program similar to the
residential program.
However, staff is able to work individually with businesses if they are struggling to pay
their monthly utility bill. Since the pandemic began, approximately 40 of the 8,400
commercial customers have already reached out to Utilities Customer Service to
discuss their options. When contacted, customer service will be able to work directly
with the customer to customize a payment plan for the services that they use.
Additionally, if a business has had significantly less electricity usage, and expects that
to continue due to the pandemic, they may be able to move into a different rate class
with a lower monthly minimum payment by Utilities Customer Service.
If a business would like to discuss a payment plan, or their utility options, they are
encouraged to call Utilities Customer Service at (940) 349-8700 to speak directly with
a Customer Service Representative. Staff contact: Christa Foster, Customer Service
N. Unused HOT and Sponsorship Funds — Council Members have recently received
inquiries regarding unspent HOT and Sponsorship Funds. The May 14 Hotel
Occupancy Tax and Sponsorship Committee meeting included discussion of a
projected HOT revenue shortfall this fiscal year and potential cost reduction options.
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The Committee made no reduction recommendations and there have been no changes
to organization funding. The Committee directed staff to contact each organization
requesting an updated event status and projected 2020 expenses to better inform
subsequent conversations. Today,May 22, a letter(attached)including the request was
sent to each organization receiving funds. The Committee will review responses and
make possible recommendation decisions at a Hotel Occupancy Tax and Sponsorship
Committee meeting in June. Any recommendation would then be brought before City
Council for consideration. Staff contact: David Gaines, Finance
O. Keep Texas Beautiful Awards Denton Educator -Keep Texas Beautiful(KTB)recently
announced Tina Jezek as a winner of the 2020 Sadie Ray Graff Educator award.
Mrs. Jezek is the Art Teacher, One Act Play Director, and Special Projects Director at
Immaculate Conception Catholic School (ICCS). The Keep Texas Beautiful Awards
recognize youth and educators who are working to improve and beautify their
communities. The Sadie Ray Graff Educator award is one of four categories. It
acknowledges the educators' efforts to provide instruction/programming from Pre K-
college students that encourages youth involvement and promotes the KTB mission
through environmental education. Keep Denton Beautiful is proud to support ICCS
environmental initiatives and has provided Environmental Education Grant funding to
the school since 2007. Staff contact: Carly Weld, Keep Denton Beautiful/Parks and
Recreation
P. Redstone Stop Sign—On May 11, Council Member Briggs requested a speed study on
Redstone Dr., near the intersection with Atlas. Staff completed this study and
determined that an All-Way Stop can be installed at this intersection based on limited
sight distance that is associated with parked vehicles and the narrowness of the
roadway. In addition, staff will be installing missing stop signs at the remainder of the
intersections throughout the neighborhood. Staff contact: Brian Jahn, Capital Projects
Q. Fry Street Area Signage —On May 13, Council Member Meltzer forwarded a concern
from a business owner in the Fry St./Ave A area to notify drivers of the new one-way
configuration. Traffic Engineering and Operations staff visited the site and selected
additional signage to be installed along Hickory St., Fry St., and Ave A. Staff will be
fabricating the new signs, and have scheduled them to be installed by the end of May.
Staff contact: Brian Jahn, Capital Projects
R. Accident Scene Cleanup—On May 17, Council Member Briggs requested information
about whose responsibility it is to clean up debris leftover at the scene of motor vehicle
accidents. When an accident occurs,the towing company is responsible for the cleanup
of glass and other "injurious substances" when removing the wrecked or damaged
vehicle (Texas Transportation Code Chapter 7). The Fire Department only responds to
incidents in which an injury is reported.A large percentage of Motor Vehicle Accidents
(MVA)occur with no injuries, so there is no response from the Fire Department. When
the department does respond to MVAs, assistance is offered to the responding tow truck
companies to expedite cleanup of the scene;however,the department does not have the
compartment space to transport MVA debris on the apparatus from accident scenes,
nor have a means of disposal. Staff contact: Kenneth Hedges, Fire
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S. Sidewalk Repairs—On May 18, Council Member Briggs forwarded a resident concern
about sidewalk construction in front of their home. The resident asked if the grass
surrounding the sidewalk would be replaced, and whether the replacement sidewalk
should include rebar since the former sidewalk contained it. The City will replace any
sod disturbed or removed due to construction of the sidewalk. Regarding the rebar,
sidewalks can be built with many types of reinforcements including rebar. The City
primarily uses fiber reinforcement instead of rebar. Rebar in concrete requires a layer
of concrete above and below the rebar to work effectively. Since sidewalks are much
thinner than roadways, rebar is not always recommended. Fiber reinforcement works
just like the rebar in concrete but is more secure in thinner concrete construction
applications. Staff contact: Todd Estes, Capital Projects
T. Door to Door Soliciting—On May 18, Council Member Armintor asked if door to door
salespeople were allowed to be out during COVID-19 restrictions. For this activity, the
door to door salespeople are required to have a Solicitation Permit that is issued by the
Police Department and is valid for up to 30 days from the date of issue. The department
has not issued a solicitation permit since March 30, as this is an in-person transaction
and the Police lobby is temporarily closed to the public. Because of this, there should
be no active permits to be in a neighborhood right now.If residents receive a visit from
an unwanted solicitor,the Police Department asks that the resident inform the solicitor
of the need for a permit. If a solicitor refuses to leave or becomes overly aggressive,
residents may call the Police non-emergency number to report. Moving forward, the
department will continue to prioritize available services, including solicitation permits,
as the department and City move forward with reopening plans. Staff contact: Frank
Dixon, Police
U. Playground Signag_e—At the May 19 Council Meeting,the Council asked what signage
was available to let park patrons know that the playgrounds were currently closed.
Playgrounds were officially closed on March 19 due to the COVID-19 pandemic. They
were closed for several reasons, including the CDC's and Denton County's
recommendations. During this time, signs (see attached) have been posted at each
playground to notify patrons that they remain closed. Additionally, yellow caution tape
is wrapped around playground equipment to restrict access.
Unfortunately, the signage and caution tape has often been ignored or disposed of,
sometimes daily, by the public. As a result, a Parks and Recreation staff member goes
to all of the playgrounds to replace signage and caution tape at least three times a week.
Staff also goes by when they hear of a playground that needs to be re-taped.
Staff will continue to communicate the closure of playgrounds by email, social media,
and work to prevent signage from being removed. Staff contact: Gary Packan, Parks
and Recreation
V. Virtual Yankee Doodle Parade—Parks and Recreation is reorganizing the annual event
into an online parade video, which will premiere on Facebook on July 4. Anyone who
would like to participate is asked to submit a picture or short video/animation (30
seconds or less with no music) of their version of a float. Participants are asked to have
fun and be creative. There will be awards for multiple categories, including Most
Patriotic Baby,Pet,Vehicle, Yard, and more. All entries must be submitted by June 14.
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Visit www.dentonparks.com for more information and to register. Staff contact:
Keanna Stallings, Parks and Recreation
W. Virtual Liberty Run—The 22nd Annual Liberty Run 5K and I-Mile Walk is becoming
a virtual run this year. Registration is free, or $12 for a T-shirt. Participants should
complete their run or walk by July 4. Runners and walkers can share pictures of
themselves in festive outfits and be entered to win$25 gift cards. For more information
and to register, visit www.cityofdenton.com/virtualreccenter. Staff contact: Jennifer
Eusse, Parks and Recreation
X. Online and At-Home Camp Activities—The Parks and Recreation Department(PARD)
has created some fun ways to bring summer camp to the home. A free Backyard
Campout event is May 29. There will be storytelling and a singalong by the Tejas
Storytellers, edible campfire building, virtual games, and other camping activities.
Registration is required for the list of supplies, and the Zoom information.
Camp in a Bag is a way PARD can still provide all the summer camp fun kids love and
miss! Registration is weekly, and bags will include arts and crafts, activities, prizes,
and instructions. Bags are for ages 4-6 and 7+. The first week begins on May 26.
For more information and to register, visit www.cityofdenton.com/virtualreccenter.
Staff contact: Sara Farris, Parks and Recreation
Y. Fire Department COVID testing at Nursing Facilities —On May 13, Governor Abbott
tasked the State Health & Human Services (HHS) division with testing all nursing
facilities in the state for COVID-19. The Texas Department of Emergency
Management along with HHS requested fire departments around the state complete this
mission critical goal. Since last Wednesday, the Denton Fire Department (DFD) has
been preparing to test over 700 staff and residents at four of the six nursing facilities in
Denton. Good Samaritan Village and Lake Forest campuses, Senior Care and Rehab
and The Vintage will have testing completed by the DFD while Cottonwood Manor
and Denton Rehab & Nursing Center will contract with a third-party testing vendor.
DFD is putting together a full Incident Action Plan(IAP) that will involve Operations,
HazMat, EMS, Emergency Management, and Public Affairs functions to coordinate
the testing. Denton County Emergency Management is coordinating the STAR request
for test kits and testing will begin as soon as the kits are received. The DFD mobile
testing team completed COVID-19 testing training on Thursday by the Medical City
Denton Infection Control division. Staff contact: Kenneth Hedges, Fire
Z. Denton Fire Department Home Grown Program — Over two and half years ago, the
Denton Fire Department created a partnership with Denton ISD and North Central
Texas College (NCTC) to begin a high school based fire academy. The program
allowed incoming Juniors to attend an approved Texas Commission on Fire Protection
academy for the first year and a half, and then complete the Texas Department of State
Health Services Emergency Medical Technician course during their final semester. The
intent of this program was to recruit local high school students and to prepare students
for a career in the fire service, specifically an opportunity to work in the Denton Fire
Department. In 2019 a Meet and Confer Agreement between the City of Denton and
the Denton Fire Firefighters Association, Local 1291, incentivized graduates of the
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Denton ISD Advanced Technology Center Fire Academy by awarding additional
points on the fire civil service entrance exam. The ten students of the Denton Fire
Department Home Grown Inaugural Class #1, or also referred to as NCTC Class #17,
will be awarded 24 college credits and will be graduating from high school fully trained
to enter the fire/EMS career field and begin service to the community. The Denton Fire
Department is a proud partner and wish these graduates all the best on their journeys.
Staff contact: Kenneth Hedges, Fire
- aF
IL
NCTC Class#17 Fire Academy Graduation,December 2019
III. Upcoming Community Events and Meetings
A. Events
All City-sponsored events and programs are suspended until further notice.
B. Community Meetings
All City-sponsored meetings are also suspended until further notice.
IV. Attachments
A. CARES CRF Request.......................................................................................14
B. Frame Site Clean Up Memo..............................................................................15
C. CRF Eviction Prevention Flyer.........................................................................21
D. OpenTexas—Bar Checklist...............................................................................22
E. Emerald Ash Borer Attachments.......................................................................25
F. Eight Liner Attachments...................................................................................30
G. HOT Funds Letter and Spreadsheet Request.....................................................43
H. Parks Signage...................................................................................................45
V. Informal Staff Reports
A. 2020-052 Occupancy Calculations....................................................................46
B. 2020-053Mosquito Season 2020.......................................................................48
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VI. Council Information
A. Council Requests for Information ....................................................................75
B. Council Calendar .............................................................................................76
C. Draft Agenda for May 29..................................................................................79
D. Draft Agenda for June 2....................................................................................82
E. Future Work Session Items ..............................................................................89
F. Street Construction Report ...............................................................................90
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I07 Office of the Mayor
DENTON 215 E. McKinney St., Denton, TX 76201 • (940) 349-7717
May 20, 2020
The Honorable Andy Eads
Denton County Judge
110 W. Hickory St.
Denton, TX 76201
Re: CARES Act Coronavirus Relief Fund allocation to the City of Denton
Judge Eads,
On behalf of the City of Denton I would like to express my sincere thanks and appreciation for the
attention the Denton County Commissioners Court has given the issue of providing COVID-19 relief
funds to municipalities within the county.
At your request, and after consulting with City management and financial staff, this letter should serve
as the City of Denton's request for full, upfront funding from the County at a $55 per capita amount
(Option 1 in your letter dated May 19).
The City has been diligently tracking its expenditures relating to COVID-19 in and will faithfully apply
any funding received from the County in accordance with the requirements of the CARES Act.
I again want to thank you, the Commission, and the staff of Denton County for their cooperation and
partnership during this crisis.
Sincerely,
���
Chris Watts
Mayor
CC: Todd Hileman
Shannon Joski
Denton City Council
OUR CORE VALUES
Integrity•Fiscal Responsibility•Transparency• Outstanding Customer Service
ADA/EOE/AREA www.cityofdenton.com TDD(800)735-2989
14
CITY
OF
DENTON 215 E. McKinney St., Denton, TX 76201 • (940) 349-8307
MEMORANDUM
DATE: May 22, 2020
TO: Todd Hileman, City Manager
FROM: Sarah Kuechler, Director of Public Affairs/IGR
SUBJECT: Frame Street Encampment
The Homeless Outreach Team (Non-profits, Police, and Fire) has continued to perform street
outreach to individuals living unsheltered during the COVID-19 pandemic to help connect
individuals to services or resources that may be available, as well as monitor for health and safety
of individuals that may be staying at encampment sites. During this difficult time, staff has been
especially cautious and thoughtful regarding monitoring encampments so as to not cause adverse
impacts on unsheltered individuals, unless significant concerns existed that would necessitate a
recommendation to take action. Unfortunately, one encampment located just northeast of E
McKinney Street and Frame Street has presented such significant concerns for the health and well-
being of any occupants at the site, as well as the surrounding residential neighborhood.
The many considerations and factors in staff s recommendation to clean up the encampment site
are addressed in the following memo,though the driving factor was to protect the health and well-
being of the occupants and surrounding residential neighborhood, given the concerning site
conditions and suspected illicit activities observed by the HOT team, including suspected
prostitution and narcotics, at the site.
HISTORY
The Homeless Outreach Team(H.O.T.)first identified this site as a possible encampment of people
experiencing homelessness in December 2019. Please see below a map showing the location of
the site and photos (additional photos are attached).
1
4
- Q '
Y1 3_P.�iT"
OUR CORE VALUES
Integrity•Fiscal Responsibility•Transparency• Outstanding Customer Service
ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989
15
H.O.T., a cross-sector collaborative team with representatives from Our Daily Bread, Vision
Ministries,Denton Police, and Denton Fire,has visited this location on five(5) separate occasions
from December 2019 through April 16, 2020 in attempt to provide social service outreach and
referrals. Their goal is to meet homeless individuals in their environment, provide them with
information on housing, employment, and benefit resources they may qualify to receive, and
connect them to resources. The size of the encampment has steadily grown,and the occupants have
increased. They have encountered as many as ten (10) individuals during their visits. During all
other visits, including the most recent visit at the end of April, there were seven (7) tents and
approximately ten(10)people were present.
H.O.T.made City staff aware of concerning conditions at the site. Police,Fire,Health Inspections,
and Utilities/Environmental Services staff have visited the site in the last two weeks and confirmed
the significant health and safety concerns.The site is spread over private and City property.Review
of the site and photos provide a vision of the appearance of the city property are attached.
EVALUATION
The site has been evaluated by an interdepartmental team of Parks and Recreation, Community
Services, Police, Fire, Development Services,Utilities/Environmental Services, Legal, and Public
Affairs. This team continues to collaboratively work together to address the impacts of
homelessness on City property and services and improve connections to available resources.
This team, in consultation and by recommendation of H.O.T., is recommending that the site be
cleaned up based upon the following considerations:
• Street Outreach: The Homeless Outreach Officers including non-profit representatives from
Our Daily Bread and Vision Ministries, requested that this encampment be evaluated by the
City of Denton as health hazard to the occupants and nearby residents. Due to the site
conditions,volume of trash, and health and safety concerns for occupants,representatives with
the H.O.T. support cleaning the area.
• Site Conditions: Two main camp sites were identified. Camp#1 is located on private property
with two tents and large amount of trash and debris that consist of tires, cans, bottles, rotting
food, paper products, bodily waste etc. Camp #2, located on City property, is a larger camp
consisting of approximately five tents and other coverings. As you walk into this area, it
appears that no climb field fencing has been used as a barrier attached to hinged box spring
mattresses used as a gate. In addition to bodily waste, trash and debris consisting of cans,
plastic, bottles, rotting food,paper products,plastic, etc. is scattered on the outer edges of this
site. There is also a very large growing trash pile located in public view.
• Health Concerns: There is approximately 10 cubic yards in volume of trash and debris that
poses a serious public health and safety concern. There is a significant accumulation of junk,
litter and trash associated with the camp, including putrescible food waste, and some evidence
of bodily waste in the immediately surrounding area. This collection of trash, debris and waste
meets the criteria of unsanitary, unhealthful, and unsafe nuisance conditions as defined under
Chapter 14 of the City of Denton Code of Ordinances.
• Watershed Concerns: Staff measured four (4) sites in the surrounding area near
Rose/Lehrman and Frame Street/McKinney, where tents and materials are located. Staff saw
no evidence of pollution or environmental contamination in stream.
• Fire Department: The Denton Fire Department completed a site visit on 5/4/2020 at 1330
hours. Poor living conditions were found. Numerous tents and semi-permanent shelters were
2
16
found throughout the area. Numerous campfires were also found around the tents. None of
them were in use at the time of the inspection. At least (1) can of gasoline was found beside
one of the tents. Trash and debris was evident throughout the entire encampment causing a
significant health hazard and fire hazard.
• Police Department: The Police Department Street Outreach officers have conducted outreach
activities at the site. Homeless Outreach Team (HOT) Officers and nonprofit civilian
counterparts determined that the camp poses a significant health and environmental safety
hazard to the individuals the encampment, as well as the public. During more than one of their
site visits, the HOT team has observed concerning activities and suspected illicit activities,
including suspected prostitution or narcotics. On one occasion, Police also located a dog tied
to a tree,with its leash wrapped up around the tree,without water. Officers had recognized the
dog from previous visits,but no one in the camp would claim ownership. Due to the conditions
that the dog was being kept in,Police recovered the dog and transported it to the Animal Shelter
without incident. A decaying pig carcass was also found in the creek near the encampment
with a rope tied to its leg.
• Resident Complaints: Because the site is somewhat hidden from public view by the street,
trail, or park, there have not been substantial complaints related to this site, except for the
neighbors' concerns shared with HOT Officers.
B N ULAND ST a
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Due to the health and safety concerns for occupants and adjacent and nearby neighbors, excessive
trash and debris causing significant health and safety concerns, substantial fire hazard risks posed,
and potential contamination to nearby waterways, the team is recommending clean-up of the site.
CLEAN-UP PROCESS
Staff plans to proceed with the following steps to clean-up the site, but beforehand, give advance
notification to individuals who may be impacted by the clean-up of the site, and hopefully,provide
a connection to resources to individuals who may benefit from such resources.
3
17
• Private Property: Community Improvement Services will coordinate with the private
property owner and the Police Department to have the private property area enforced and
cleaned.
• Post Signs: On or after June 1, 2020, Staff will post signs in various visible city property
locations around the impacted area to notify anyone who may have an ownership interest
in items located, on or around the impacted area which is City property that said City
property will be cleaned up on a specified date and time,which will be 72 hours later from
the date the sign is posted; that such items will be removed from the impacted area on the
specified date/time and may be subject to disposal provided the owner of the item cannot
be reasonably identified and/or fails to remove the items by the specified date and time on
the posted sign; and lastly,that any item that is debris,unusable,hazardous or pose a health
or safety risk, or is unsanitary or in soiled condition will be discarded. The signs shall
include a City contact person and phone number where an individual can contact the City
with any questions they may have pertaining to the notice on the sign. The signs will also
include identification of a contact person(s) to connect any individuals experiencing
homelessness to social services and available resources.
• Street Outreach Visit: H.O.T. will visit the site prior to cleanup to provide referrals and
a final reminder that any personal property must be removed before the scheduled cleanup.
Community Development will work with Our Daily Bread, to have an announcement of
the cleanup location made at shelters and during meal services. The team will attempt to
connect those at the site to agencies who can assist with housing placement.
• Contractor Clean-up: Staff will have a contractor begin cleanup of the area on or after
June 4, 2020. It is unknown how many days this process may take to complete. Inclement
weather could cause delays in the cleanup of the property.
H.O.T.will continue to monitor the site for future activity. Street Outreach is a valuable tool in the
Housing Crisis Response System to ensure that people living on the street have access to Access
to emergency shelter if available, coordinated entry assessments be included on the community's
Housing Priority List (HPL) for housing placement, information and referrals, crisis intervention,
and follow-up support.
ATTACHMENT(S):
Photographs
4
18
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ARE YOU A DENTON COUNTY RESIDENT IN DANGER OF
mw, EVICTION OR FORECLOSURE DUE TO INCOME LOSS
AS A RESULT OF COVID-10
YOU MAY BE ELIGIBLE FOR RENTAL, UTILITY
OR MORTGAGE ASSISTANCE THROUGH
THE UNITED WAY OF DENTON COUNTY Ahk
COVI D-19 RELIEF & RECOVERY FUND
www.UnitedWayDenton.org/COVIDrelief 1 (940) 566-2688
Visit the link or call the number above to find a nonprofit agency
offering assistance that best fits your household type. Households only
need to apply to one agency for assistance.
4M Follow the organization's screening process and provide the required
documentation listed below.
E) Payment is made directly to your landlord, property management,
utility or mortgage company.
REQUIRED DOCUMENTATION:
Collecting the below required documentation before you are screened
by an agency can help speed up the process.
• Verification of Income or Job Loss - Written communication from employer on
company letterhead stating household's loss of job or income
• Current Financial Statements - Copy of current bank statement and current account
balance for every adult in the household; copy of 401 k retirement account statement
for all adults in the household if applicable
• Documentation of Lease or Mortgage Requirements - Needs to reflect household's
name, address and amount owed.
• Copy of Utility Bill (If applicable).
Assistance is subjectI eli lbility. g based on household need.
Payment is I ' directfly to vendors and never directly to households.
Because of high volume, households may wait 1-3 weeks for financial assistance.
'°•COUNT IM21 PAIR
DENTON LE��'IS�'ILL1. Denton County
(184600
REVISED MAY 19, 2020
MINIMUM STANDARD APROTOCOLS jMk�
C� CHECKLIST FOR BARS OR SIMILAR ESTABLISHMENTS Page 1 of 3
Effective May 22,2020,bars or similar establishments may operate for in-person service up to 25%of the total
listed occupancy inside the bar or similar establishment, and may not offer valet services except for vehicles with
placards or plates for disabled parking;there is no occupancy limit outdoors at a bar or similar establishment;
and bar or similar establishment employees are not counted towards the occupancy limitation. For these
purposes, bars or similar establishments are establishments with a permit from TABC that are not otherwise
considered restaurants.Any components of the bar or similar establishment that has interactive functions or
exhibits,including child play areas,interactive games, and video arcades, must remain closed. Interactive
amusement venues,such as video arcades, amusement parks, or water parks,remain closed.
The following are the minimum recommended health protocols for all bars or similar establishments choosing to
operate in Texas. Bars or similar establishments may adopt additional protocols consistent with their specific
needs and circumstances to help protect the health and safety of all employees, contractors, and customers.
The virus that causes COVID-19 can be spread to others by infected persons who have few or no symptoms. Even
if an infected person is only mildly ill, the people they could spread it to may become seriously ill or even die,
especially if they are 65 or older with pre-existing health conditions that place them at higher risk. Because of the
concealed nature of this threat, everyone should rigorously follow the practices specified in these protocols, all of
which facilitate a safe and measured reopening of Texas. The virus that causes COVID-19 is still circulating in our
communities. We should continue to observe practices that protect everyone, including the most vulnerable.
Please note,public health guidance cannot anticipate or address every unique situation. Bars or similar
establishments should stay informed and take actions based on common sense and wise judgment that will
protect health and support economic revitalization. Bars or similar establishments should also be mindful of
federal and state employment and disability laws, workplace safety standards, and accessibility standards to
address the needs of both workers and customers.
Health protocols for serving your customers:
❑ Customers should not be permitted to loiter at the bar or in commonly trafficked areas, and should
remain seated at tables inside the bar.
❑ Only provide service to seated individuals.
❑ Parties should maintain at least 6 feet of distance from other parties at all times, including while
waiting to be seated in the establishment or for admission to the establishment.
❑ Activities that enable close human contact, including but not limited to dancing, are discouraged.
❑ Pathways for patrons' ingress and egress should be clear and unobstructed.
❑ Designate staff to ensure customers maintain a 6-foot distance between parties if customers are
waiting to enter the bar or similar establishment.
❑ A hand sanitizing station should be available upon entry to the establishment.
❑ No tables of more than 6 people.
❑ Dining:
❑ Do not leave condiments, silverware,flatware, glassware, or other traditional table top items on
an unoccupied table.
❑ Provide condiments only upon request, and in single use (non-reusable) portions.
❑ Use disposable menus (i.e., a new menu for each patron).
❑ If a buffet is offered, bar employees should serve the food to customers.
❑ Ensure spacing of individuals within the establishment to keep a 6-foot distance between
individuals in different groups. 22
REVISED MAY 19, 2020
MINIMUM STANDARD A 1 1 1
BARS OR SIMILAR ESTABLISHMENTS: Page 2 of 3
❑ Tables or chairs must be installed to seat all customers to maintain social distancing, and may
not be moved.
❑ Consider positioning an unoccupied table or other object adjacent to each occupied table,
creating space to permanently maintain a 6-foot distance between groups.
❑ Take orders from customers seated at a table or by web/phone application.
❑ Contactless payment is encouraged. Where not available, contact should be minimized. Both parties
should wash or sanitize hands after the payment process.
Health protocols for your employees and contractors:
❑ Train all employees and contractors on appropriate cleaning and disinfection, hand hygiene, and
respiratory etiquette.
❑ Screen employees and contractors before coming into the bar or similar establishment:
❑ Send home any employee or contractor who has any of the following new or worsening signs or
symptoms of possible COVID-19:
— Cough — Sore throat
— Shortness of breath or difficulty — Loss of taste or smell
breathing — Diarrhea
— Chills — Feeling feverish or a measured temperature
— Repeated shaking with chills greater than or equal to 100.0 degrees Fahrenheit
— Muscle pain — Known close contact with a person who is lab
— Headache confirmed to have COVID-19
❑ Do not allow employees or contractors with the new or worsening signs or symptoms listed
above to return to work until:
— In the case of an employee or contractor who was diagnosed with COVID-19,the individual
meets all three of the following criteria: at least three days (72 hours) have passed since
recovery(resolution of fever without the use of fever-reducing medications); and the
individual has improvement in symptoms (e.g., cough, shortness of breath); and at least ten
days have passed since symptoms first appeared; or
— In the case of an employee or contractor who has symptoms that could be COVID-19 and
does not get evaluated by a medical professional or tested for COVID-19,the individual
should be assumed to have COVID-19, and the individual may not return to work until the
individual has completed the same three-step criteria listed above; or
— If the employee or contractor has symptoms that could be COVID-19 and wants to return to
work before completing the above self-isolation period,the individual must obtain a medical
professional's note clearing the individual for return based on an alternative diagnosis.
❑ Do not allow an employee or contractor with known close contact to a person who is lab-
confirmed to have COVID-19 to return to work until the end of the 14-day self-quarantine period
from the last date of exposure (with an exception granted for healthcare workers and critical
infrastructure workers).
23
REVISED MAY 19, 2020
MINIMUM STANDARD A 1 1 1
BARS OR SIMILAR ESTABLISHMENTS: Page 3 of 3
❑ Have employees and contractors wash or sanitize their hands upon entering the bar or similar
establishment, and between interactions with customers.
❑ Have employees and contractors maintain at least 6 feet of separation from other individuals. If this
distancing is not feasible, measures such as face covering, hand hygiene, cough etiquette, cleanliness,
and sanitation should be rigorously practiced.
❑ Consistent with the actions taken by many businesses across the state, consider having all employees
and contractors wear cloth face coverings over the nose and mouth. Employees and contractors
should consider wearing non-medical grade face masks if available.
Health protocols for your facilities:
❑ Consider having an employee or contractor manage and control access to the bar or similar
establishment, including opening doors to prevent attendees from touching door handles.
❑ Physically block off the bar and remove or block off bar stools so customers may neither sit nor
order at the bar itself.
❑ Regularly and frequently clean and disinfect any regularly touched surfaces, such as doorknobs,tables,
and chairs.
❑ Regularly and frequently clean restrooms, and document the cleanings.
❑ Disinfect any items that customers contact.
❑ Make hand sanitizer, disinfecting wipes, soap and water, or similar disinfectant readily available to
employees and customers.
❑ Consider placing readily visible signs at the bar or similar establishment to remind everyone of best
hygiene practices.
❑ Clean and disinfect the area used by customers (e.g.,tables, chairs, etc.) after each group of
customers depart, including the disinfecting of tables, chairs, stalls, and countertops.
❑ Clean and sanitize the bar daily.
❑ For bars or similar establishments with more than 10 employees and/or contractors present at one
time, consider having an individual wholly or partially dedicated to ensuring the health protocols
adopted by the establishment are being successfully implemented and followed.
❑ TABC staff should monitor bars throughout the state of Texas to ensure compliance with these
protocols. TABC has the authority to suspend any license that poses an immediate threat or danger to
public safety. Failure to follow these protocols may result in a 30-day license suspension for the first
infraction, and a 60-day suspension for a second infraction.
24
TDA-Approved Mitigation and Treatment Measures
for the Movement of EAB Regulated Articles from Quarantined Areas
Regulated Article Mitigation and Treatment Measures
Firewood of all hardwood species
• Remove bark and an additional % inch of wood' or
• Kiln sterilization treatment(Table 1) or
• Heat treatment at 140°F for 60 minutes or
• Fumigation treatment (Table 2) or
• Apply another TDA approved methodZ.
Chips and Mulch of all hardwood species
• Chip or mulch to less than one inch in at least two dimensions or
• Follow an TDA approved mulching or composting protocol or
• Apply another TDA approved methodZ.
Nursery Stock of Fraxinus spp.
No treatment available. No compliance agreements. No certification.This
article is not being moved at this time.
Green lumber of Fraxinus spp.
• Remove bark and an additional % inch of wood'or
• Kiln sterilization treatment(Table 1) or
• Fumigation treatment (Table 2) or
• Apply another TDA approved methodZ.
Logs of Fraxinus spp. • Remove bark and an additional % inch of wood'or
• Kiln sterilization treatment for logs<3" dia.(Table 1) or
• Heat treatment at 140°F for 60 minutes or
• Fumigation treatment (Table 2) or
• Apply another TDA approved methodZ.
Other material including wood waste, . Chip or mulch to less than one inch in at least two dimensions or
living, dead, cut or falling including , Apply another TDA approved methodZ
stumps, roots, branches of Fraxinus spp. .
Wood Packing Material containing • ISPM accredited treatments or
regulated green lumber, including but • Treatment/mitigations for green lumber of Fraxinus spp. as listed
not limited to, dunnage, crating, pallets, above or
packing blocks, drums, cases, and skids. • Apply another TDA approved methodZ.
'The bark and wood removed will be regulated separately. If intended for movement outside of the quarantined area,the
removed bark and wood must be treated as described for chips and mulch.
Z Consult the State Plant Regulatory Official at(512)-463-7660 for other acceptable treatment methods.
25
Detailed Treatment Specifications
Table 1. Kiln Sterilization Treatment
Dry bulb Wet bulb Relative Moisture Thickness of Treatment Time
temperature depression humidity content lumber After Kiln Reaches
(OF) (OF) N N (inches) Conditions(hours)
140 7 82 13.8 1 3
2 5
3 7
130 16 60 9.4 1 10
2 12
3 14
125 15 61 9.7 1 46
2 48
3 50
Table 2. Fumigation Treatment using Methyl Bromide at NAP tarpaulin or chamber
Minimum Concentration Readings (ounces) at:
Temperature Dosage Rate
(°F) (lb/1,000 ft) 0.5hr1 2 hrs2 4 hrs3 16 hrs3
>70 3 36 30 27 25
40-69 1 5 1 60 51 46 42
1 If the fumigation is conducted in a closed-door container,take the first reading at 1 hour instead
of 0.5 hours.
2 If the fumigation is conducted in a closed-door container,take the second reading at 2.5 hours
instead of 2 hours.
3 If the 4-and 16-hour readings would occur outside of normal working hours,then the fumigation
may be extended to a total of 24 hours,instead of 16 hours.In that case,the 24-hr minimum
concentration reading would be 25(for the initial 3-lb dosage),or 42(for the initial 5-lb dosage).
26
M rr
Y ,
TiXA
i
F 0 1
ALERT: Emerald Ash Borer found in DFW Metroplex
As of December 2018, emerald ash borer (Agrilus planipennis) has been confirmed "1 =
in Tarrant County and several counties in northeast Texas. The emerald ash borer v
beetle (EAB) is a destructive non-native wood-boring pest of ash trees (Fraxinus l_
spp.). Native to Asia, EAB was unknown in North America until its discovery in
southeast Michigan in 2002. Since then, this invasive pest has spread, killing millions
of ash trees across the country.
EAB is a significant threat to urban, suburban, and rural forests as it kills both i +
•K
stressed and healthy ash trees. EAB is very aggressive and ash trees may die within
two or three years after they become infested. Ash trees are widespread in the
United States and all 16 native ash species are susceptible to attack. "
Green ash
What to Look For
Host: Ash (all species) •. Adult EAB
(1/2" long)
Signs/Symptoms: ash trees with dying or dead branches in
upper crown, shoots or suckering along the trunk, bark splits
with winding galleries and white larvae beneath the bark;
presence of the beetle itself; heavy feeding by woodpeckers; la'
and "D"-shaped exit holes in bark.
low, A
What to Do Next
Preventative Management: Remove poor condition ash trees A
now before infestation occurs to reduce current and future risk. .r..
If EAB activity is confirmed within a few miles of your area, treat
high value ash trees with systemic insecticide to reduce Sprouts on Trunk Dying Branches
intensity of attack.
Therapeutic Management: Once infested, if more than 50% of }y7
crown remains, treat with systemic insecticide to slow attack; If
less than 50% of crown remains, remove tree.
4... v.
TFS Can HelpFr
r
Guide for communities: http://tfsweb.tamu.edu/eab/
I Hotline to Report: 1-866-322-4512
1
EAB larval galleries D-shaped exit hole
27
htW.-11tfsweb.tam m edu
M fact sheet
www.ashalert.osu.edu
OARDC
EXTENSION OHIO STATE UNIVERSITY EMERALD ASH BORER OUTREACH TEAM
Emerald Ash Borer Diagnostic Check-Off List
Joseph F. Boggs, Extension Educator and Commercial Horticulture Specialist,Ohio State University Extension
Daniel A.Herms,Associate Professor, Department of Entomology,Ohio Agricultural Research and Development Center,
and State Specialist,Ohio State University Extension
Amy K.Stone,Extension Educator,Ohio State University Extension, Lucas County,and Ohio State University Emerald
Ash Borer Outreach Team Coordinator
The following is a list of signs and symptoms that will be helpful in diagnosing an emerald ash borer (EAB)
infestation. It is important to keep in mind that native ash borers are extremely common throughout the
state, and that many borer-infested ash trees in Ohio are victims of these native insects. For additional
information, see the "Distinguishing EAB from Native Borers" fact sheet at ashalert.osu.edu.
❑ Thinning canopy ❑ Unusual
and top dieback, epicormic r a-
leading to the shoots sprouting
death of the tree ;!, from the main
within 2-4 years. trunk and/or
from the base of _
the tree.
s
Healthy ash tree Thinning canopy and Epicormic basal shoots
top dieback
Unusually heavy 'o
El woodpecker 0 INCHES D
T
activity on living
trees, particularly co
in the winter. -„
- 0
Woodpecker damage
Woodpecker damage Downy Woodpecker
Ohio
Emerald
* Ash
Borer
Task Force
28
❑ D-shaped 0 INCHES ❑ Thin, relatively short
emergence holes (2-5 inches long) vertical
through the bark, splits through the bark
one-eighth of an of living trees (with ,
inch in diameter. galleries beneath). `
This symptom is �^
very clear—EAB
exit holes are
very distinct. D-shaped exit holes
If there is any doubt as to whether the holes
are D-shaped,then it is not EAB. Exit holes
of native borers are either round or oval and
much larger in diameter (one-fourth of an inch Vertical splits in bark
or greater).
❑ Galleries are tightly � WAS
❑ Legless,
packed with fine frass flattened, heavily `
(a mix of sawdust segmented,white
and excrement). ';�'`ti to cream-colored
They do not extend �;, ��1 larvae (1 inch
into the sapwood, as • n in length when 1
do those produced `'� ' mature) found
by the common ,� ..l beneath the bark
native clearwing or — ,, t of living trees.
roundheaded borers `r,_.. - �f' ,, Each larval
that infest ash. segment is almost EAB larva
bell-shaped. Their
Galleries filled with frass long and narrow shape, flattened appearance,
and distinct segmentation cause the larvae to
resemble small tapeworms.
J
Serpentine galleries
Reporting Suspected EAB Infestations:
The Ohio Department of Agriculture (ODA) should be notified if this diagnostic check-off list provides strong
evidence that an EAB infestation has been found. Strong evidence means that signs and symptoms specific
to EAB were observed, including D-shaped emergence holes and serpentine galleries under the bark. An EAB
diagnosis is not supported if the only signs and symptoms observed are those that can also be associated with
other ash problems.
Contact Information for ODA:
EAB Hotline: 1-888-OHIO-EAB (1-888-644-6322)
Web: http://www.ohioagriculture.gov/eab/
Mailing address:
Ohio Department of Agriculture
Plant Pest Control Section
Attn.: EAB
8995 East Main Street
Reynoldsburg, OH 43068 Revised April 2008
29
[)ENTO(� '
sm
JO&F
DENTON A
Department of Police
601 E.Hickory St., Suite E •Denton,TX 76205 • (940)349-8181 0 FAX(940)349-7966
MEMORANDUM
To: Aaron Leal, City Attorney
From: Frank Dixon, Chief of Police
Date: May 19,2020
Subject: Eight Liners
This memorandum is being written in response to a request filed by the City Council to gain information
about eight(8) liners, and the regulation/enforcement of them in the City of Denton. Eight liners are
known as gambling devices, similar in appearance and functionality as slot machines. There is no general
prohibition against game rooms in Texas, so long as they do not have illegal gambling devices as defined
in Section 47.01(4) of the Penal Code. The Legislature has carved out the so-called"fuzzy animal
exception"exception to the definition of gambling device for electronic, electromechanical, or
mechanical contrivances designed,made, or adapted solely for amusement purposes if players are
rewarded exclusively with non-cash merchandise prizes,toys, or novelties that have a wholesale value
available from a single play of not more than 10 times the amount charged to play the game or$5,
whichever is less. Tex. Penal Code §47.01(4) (B). Some resources highlighted below give more in depth
information about the regulation and enforcement of gambling devices in the State of Texas.
• Article 3, Section 47 of the Texas Constitution
This section of the Texas Constitution requires the Legislature to pass laws prohibiting "lotteries
and gift enterprises",providing exceptions for charitable bingo, state lotteries and charitable
raffles.
• Texas Penal Code, Chapter 47
State law that describes criminal offenses related to gambling.
• Texas Occupations Code, Chapter 2153
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Integrity•Fiscal Responsibility•Transparency• Outstanding Customer Service
30
State law that regulates certain types of coin-operated machines.
• Texas Local Government Code, Chapter 234, Subchapter E
Texas law giving counties the authority to regulate game rooms within their jurisdiction.
Currently,the City of Denton does not have an Ordinance in place to prohibit,regulate, or enforce
gambling or 8-Liners within our jurisdiction. Denton County similarly does not have any regulatory or
enforcement that allows for prohibition, enforcement, or regulation. HB#78,which is referenced, failed
to pass during the last legislative session. It is unknown whether a new bill will be proposed during the
next session or not.
Late last week,I received an email from the same community business owner who has contacted several
members of Council to express his concerns about one business that operates 8-Liner machines.A
Community Resource Officer was assigned the same day,to research,the location in question,but more
importantly,to work with City Legal to potentially draft and present to Council an ordinance that would
allow for prohibition,regulation and enforcement of these machines within the City of Denton. To date,
the establishment in question is known to be frequented by those persons of questionable character(illicit
narcotics, fleeing police, etc.)that commit quality of life crimes. The department is working to hold those
persons accountable as appropriate.
The City of Dallas recently conducted a search warrant within an establishment that operated 8-Liners,
seizing them in the process. The concern that many local jurisdictions have currently, including those like
Dallas who have local ordinances, is the resource dedication and minimal prosecution for those who
choose to operate these machines.As the Denton Police Department works to research and prepare a local
ordinance for presentation, several stakeholders, including the Denton County District Attorney's Office
and the City of Denton Legal team will meet to collaboratively draft the most comprehensive and
thorough ordinance we can.
The City of Ft. Worth currently has a case in the Texas Supreme Court,based on their ordinance,which
was passed in 2014. Some regulations they captured within their ordinance is restricting game rooms in
light-industrial,medium-industrial, and heavy-industrial zoning districts. They are not allowed within
1,000 feet of a residential area, church, school,hospital, or another game room. Other regulations include
lettering requirements,unobstructed windows (No mirrored or limo tint is an example), and parking
guidelines.
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Integrity•Fiscal Responsibility•Transparency• Outstanding Customer Service
31
While it is unknown how long these types of machines have been operating in the City of Denton, several
members have reported this being a long-standing practice within at least the business in question. It is
unknown how many machines are operating within the City of Denton,because there has not been any
ordinance regulating where they can be placed.
Respectfully,
Frank
OUR CORE VALUES
Integrity•Fiscal Responsibility•Transparency• Outstanding Customer Service
32
Legal Q&A
By Amber McKeon-Mueller, TML Assistant General Counsel
Q What is an "eight liner" machine?
A An eight liner machine is an electronic gaming machine that resembles a slot machine.
Depending on the type of machine, a player "wins" if a horizontal, vertical, or diagonal row of
objects line up. The machines now come in multiple variants and can include video reel, video
keno, and video bingo games, among many others. The cost to play a machine, as well as the
prize for winning, varies. Over the last 10 years, many Texas cities have seen a massive
proliferation of gaming parlors that feature the machines.
Q What has prompted the proliferation of—and controversy relating to—eight liners?
A A 1993 statutory amendment. Prior to 1993, Section 47.01 of the Texas Penal Code
clearly prohibited any game of chance that "for consideration affords the player anything of
value." In 1993, the Legislature amended this statute by adding Section 47.01(4)(B). That
amendment relaxed the previous standard by making legal:
any electronic, electromechanical, or mechanical contrivance designed, made, and
adapted solely for bona fide amusement purposes if the contrivance rewards the
player exclusively with noncash merchandise prizes, toys, or novelties, or a
representation of value redeemable for those items, that have a wholesale value
available from a single play of the game or device of not more than 10 times the
amount charged to play the game or device once or$S, whichever is less.
TEx. PENAL CODE § 47.01(4)(B) (emphasis added). The above provision, sometimes referred to
as the "fuzzy animal law," appears intended to allow the operation of coin-operated amusement
machines that award children's prizes, such as stuffed animals or coupons redeemable for toys.
In practice, it has been used to justify machines that go way beyond children's games.
Q Is the fuzzy animal law constitutional?
A Contrary to the attorney general's initial opinion, Texas courts have concluded that the
fuzzy animal law is constitutional. In Opinion Number DM-466 (1998), the attorney general
interpreted Section 47.01(4)(B) as unconstitutional under Article III, Section 47(a), of the Texas
Constitution. That constitutional provision provides that "[t]he Legislature shall pass laws
prohibiting lotteries and gift enterprises in this State other than [charitable bingos, raffles, and the
state lottery]." TEx. CONST. art. III, § 47(a). However, several Texas appeals courts have held
that the attorney general's interpretation of the Penal Code is incorrect. In other words, those
courts concluded that the fuzzy animal law is constitutional. See Legere v. State, 82 S.W.3d 105,
112 (Tex. App.—San Antonio 2002, pet. ref d); State v. Wofford, 34 S.W.3d 671, 680-81 (Tex.
App.—Austin 2000, no pet.); Owens v. State, 19 S.W.3d 480 (Tex. App.—Amarillo 2000, no
pet.); State v. Hancock, 35 S.W.3d 199, 200-01 (Tex. App.—Waco 2000, no pet.). C.f., State v.
Gambling Paraphernalia, Devices, Equip. & Proceeds, 356 S.W.3d 594 (Tex. App.—Corpus
Christi 2011, no pet.) (holding that a "replay" card is a "thing of value" that would bring the
33
devices within the definition of an illegal gambling device); Letson v. Vanaman, No. 07-98-
0263-CV, 1998 WL 767093 (Tex. App.—Amarillo Nov. 4 1998, pet. denied) (not designated for
publication) (overturning an injunction by an eight liner operator against the sheriff and state law
enforcement officers that seized his machines in order to investigate a violation of the Penal
Code).
In addition, at least two courts have concluded that law enforcement officials may not rely solely
on Attorney General Opinion Number DM-466 to seize machines as being illegal gambling
devices. Weaver v. Head, 984 S.W.2d 744 (Tex. App.—Texarkana 1999, no pet.) (concluding
that a sheriff needs probable cause to seize eight liners as gambling devices, and may not rely
solely on an attorney general opinion to do so); Texas Alcoholic Beverage Comm'n v.
Amusement & Music Operators, 997 S.W.2d 651 (Tex. App.—Austin 1999, pet. dism'd w.o.j.)
(upholding an injunction against the Texas Alcoholic Beverage Commission that prohibited
reliance on an enforcement memorandum issued to officers in reliance on Texas Attorney
General Opinion Number DM-466).
The Texas Supreme Court may soon accept a case that could provide a more definitive answer to
this question. In City of Fort Worth et al. v. Stephanie Lynn Rylie, et al., Tex. Sup. Ct. Case No.
18-1231, the city is challenging the constitutionality of Section 47.01(4)(B). The basis for the
challenge is that the Texas Constitution explicitly provides. "The Legislature shall pass laws
prohibiting lotteries . . . in this State . . . ." TEx. CONST. art. III, § 47(a). The lower courts in the
case declined to address the issue.
Q Are eight liners legal in Texas?
A It depends. Several Texas appeals courts have held that Penal Code Section 47.01(4)(B)
is constitutional. Thus, eight liners that fit within the definition contained in Section 47.01(4)(B)
are legal to operate in Texas. As stated above, the Texas Supreme Court's opinion in City of
Fort Worth et al. v. Stephanie Lynn Rylie, et al. may change this answer.
Under current law, if the eight liner is used only for bona fide amusement purposes, awards the
player with noncash merchandise or vouchers redeemable for novelty items, and the value of the
prize or certificate is not more than 10 times the cost of a single play or five dollars (whichever is
less), the machine is legal. On the other hand, if the machine pays out in cash or exceeds the
statutory minimum prize amount, it is illegal.
However, it's not quite that simple. Eight liner operators use various tactics to "skirt"the law.
For example, two consolidated Texas Supreme Court cases from 2003 hold that gift certificates
redeemable at retail stores are the equivalent of cash and eight liners that dispense the certificates
are illegal gambling devices. In addition, if an eight liner rewards a player with cash, even if that
cash is only used to play another machine, the eight liner is an illegal gambling device. See
Hardy v. State, 102 S.W.3d 123 (Tex. 2003); State v. One Super Cherry Master Video 8-Liner
Machine, 102 S.W.3d 132 (Tex. 2003); see also Tex. Att'y Gen. Op. No. GA-0913 (2012)
(concluding eight liner machines in a bingo hall that issue tickets redeemable for daubers, bingo
play cards, and items from a bingo hall concession stand are illegal gambling devices).
34
The Texas Supreme Court extended the logic of Hardy in a 2013 case, State v. $1,760.00 in U.S.
Currency, 406 S.W.3d 177 (Tex. 2013). In that case, the eight liners accepted cash, which the
machine converted into points that were used for play. When a player redeemed points from an
eight liner upon completion of play, the eight liner dispensed a ticket for every five hundred
points won. Players could use the tickets to either(1) redeem store merchandise that did not
exceed a wholesale value of$5, or(2) receive credits to replay another machine, which were
implemented electronically by an attendant without having to convert the tickets back into cash.
Players could return at a later date to redeem the tickets for replays on the eight liners. The
tickets had no cash value and were never exchanged for cash for replay. Nevertheless, the court
held that an electronic, non-immediate right of replay does not fall into the Section 47.01(4)(B)
exception because the distributed tickets were not redeemable exclusively for noncash
merchandise prizes, toys, or novelties. State v. $1,760.00 in U.S. Currency, 406 S.W.3d 177,
178 (Tex. 2013).
The attorney general issued an opinion in 2007 concluding that an amusement machine that
records a player's winnings onto a stored-value debit card is not excluded from the definition of
gambling device (meaning that such a payout system would be illegal depending on the payout
amount). Tex. Att'y Gen. Op. No. GA-0527 (2007). However, a federal court later concluded
that the opinion is not persuasive, and in all likelihood would not be followed by a Texas Court:
the sum and substance of the Attorney General's opinion is that stored-value cards
are equivalent to cash (and, therefore, the amusement game is prohibited) because
"the stored-value cards . . . are used as a medium of exchange . . . that can be
exchanged for merchandise." Yet the Act specifically authorizes an award of"a
representation of value redeemable for [noncash merchandise]." Consequently,
Opinion No. GA-0527 is not helpful.
Aces Wired, Inc. v. Gametronics, Inc., No. A-07-CA-768-LY, 2007 WL 5124986 at *4 (W.D.
Tex. Sept. 24, 2007). In the Aces Wired case, prize points were awarded and stored in an
account and accessed by use of a card issued to a customer. The points had no cash value but
represented one dollar for each point, strictly for purposes of prize redemption. When a
customer redeemed points at a participating retailer, the retailer transferred possession of the
customer's selected noncash merchandise to the customer. Aces Wired then paid the retailer.
The court held that, "[a]ccordingly, a `Prize Point' is no more than a representation of value as
contemplated by the [Penal Code]." Id. The court distinguished the Texas Supreme Court's
opinion in the Hardy case. In Hardy, the eight liners dispensed tickets redeemable for gift
certificates, which violated the Penal Code because the certificates could be used exactly the
same as cash. Hardy v. State, 102 S.W.3d 123, 131 n.6. (Tex. 2003). In other words, the tiniest
distinction muddies a court's opinion.
Other cases have interpreted the legality of eight liners and various questions of law relating to
them, including Jester v. State, 64 S.W.3d 553 (Tex. App.—Texarkana 2001, no pet.) and Allstar
Amusement v. State, 50 S.W.3d 705 (Tex. App.—Waco 2001, no pet.). For instance, courts have
opined that owners of eight liners are not entitled to a declaratory judgment as to whether their
machines are operating legally. See Briar Volunteer Fire Dep't v. Anderson, No. 2-04-258-CV,
35
2005 WL 1475409 (Tex. App.—Ft. Worth June 23, 2005, no pet.) (mem. op.); City of Longview
v. Head, 33 S.W.3d 47 (Tex. App.—Tyler 2000, no pet.); Warren v. Aldridge, 992 S.W.2d 689
(Tex. App.—Houston [14th Dist.] 1999, no pet.). In Warren, the owner of an eight liner
establishment filed a lawsuit seeking a declaration that their machines were not illegal gambling
devices (and injunctive relief to prevent criminal prosecution and forfeiture of machines). The
appeals court ultimately held that the trial court had no jurisdiction to render a declaratory
judgment on the interpretation of a penal statute prohibiting the possession of gambling devices
or to enjoin its enforcement in the absence of any challenge to the constitutionality of the statute.
See Warren, 992 S.W.2d at 691.
There are also dozens of appellate court opinions related to the criminal cases against eight liner
operators, many relating to the criminal forfeiture of the machines. See, e.g., Halili v. State, 430
S.W.3d 549 (Tex. App.—Houston [14th] 2014, no pet.); Pardue v. State, 252 S.W.3d 690 (Tex.
App.—Texarkana 2008, no pet.); In re Seizure of Gambling Proceeds & Devices, 261 S.W.3d
439 (Tex. App.—Houston [14th Dist.] 2008, pet. denied).
Ultimately, the difficulty in enforcing Section 47.01(4)(B) is twofold: (1) it is not always clear
when an eight liner's payouts are illegal; and (2) the costs and logistics of investigating and
prosecuting the cases.
Q May cities prohibit or ban eight liner machines altogether?
A The Texas Penal Code makes the operation of eight liners illegal in the circumstances
discussed above. City law enforcement may enforce state law if a machine is being operated
illegally. However, if a machine is operating legally under state law, a city is arguably
prohibited from banning it (based on the preemption doctrine). City attorneys may have
different interpretations in this area, so it is of the utmost importance to seek the advice of your
city attorney, who is familiar with the specific facts of your situation,before taking any action.
The outcome of City of Fort Worth et al. v. Stephanie Lynn Rylie, et al., mentioned above, may
change this answer.
Q Have Texas legislators attempted to address eight liner issues?
A Yes, but without success. For example, during the 2011 regular legislative session, at
least two bills were introduced but did not pass. H.B. 1154 would have, among other things: (1)
authorized the comptroller to assess a penalty between $50 and $2,000 against an owner or
operator of a coin-operated machine who is convicted, in relation to owning or operating the
machine, of keeping a gambling place or possessing a gambling device, equipment, or
paraphernalia; and (2) authorized a city to assess a civil penalty against an owner or operator of a
coin-operated machine who is convicted, in relation to owning or operating the machine, of
keeping a gambling place or possessing a gambling device, equipment, or paraphernalia.
H.B. 1183 would have: (1) authorized a commissioners court and— in some instances—a city, to
order, on proper petition, a local option election to legalize or prohibit the operation of eight
liners; and (2) authorized the imposition of a fee on eight liner owners and provide for the
36
allocation of the fee revenue as follows: (a) thirty percent to the state's general revenue fund;
and (b) seventy percent to a city in which the eight liner is located. Essentially the same bill was
introduced in 2013 (H.B. 109 and the accompanying constitutional amendment, H.J.R. 27) and
2015 (H.B. 1385 and H.J.R. 92)but, again, did not pass.
At least two other eight liner bills, H.B. 1830 and H.B. 2642, were filed in 2015. As filed, both
bills would have provided: (1) that the current law authorizing one county to regulate
"amusement redemption machines" is expanded to authorize any county to do so; and (2) for
additional county regulatory authority over such machines. It was unclear whether the bills
would have applied within a city's limits and/or would preempt city regulations. Neither bill
passed.
In 2017, S.B. 106 would have clarified that eight liners are an illegal gambling device. It went
nowhere—the Senate State Affairs Committee never gave it a hearing.
In 2019, legislators filed three bills regarding eight liners. H.B. 78 would have authorized voters
in a county, justice precinct, or city to petition for a local option election to legalize or prohibit
eight liners. It received a hearing, but it was never voted out of committee. S.B. 376 and its
companion H.B. 1775 would have: (1) amended the definition of"gambling device" in the Texas
Penal Code to include an eight liner; (2)provided a defense to prosecution for using certain gambling
devices; and (3) repealed county authority to regulate eight liners. Neither bill received a hearing in
committee.
Another 2019 bill would have completely preempted any city regulation of eight liners. H.B. 3899
was a super preemption bill, which among many other things it would have preempted, would
have prohibited any city regulation of eight liners. It made progress in the House committee but
never made it to the House floor for a vote.
Q Is a city authorized to impose a fee or levy a tax on eight liner machines?
A Yes. Chapter 2153 authorizes a city to impose an occupation tax on coin-operated
machines that may not exceed one-fourth of the state tax. TEx. OCC. CODE § 2153.451(b). The
current state tax is $60 per machine. Id. § 2153.401. Thus, a city may impose a tax of$15 per
year on each machine. This $15 tax is authorized by state law.
Q May cities impose other taxes or fees on eight liner machines to raise revenue for the
city or related entities?
A No. No other general revenue-raising measure may be imposed upon a machine,
regardless of whether it is termed a "tax" or a "permit fee." Any regulatory fee imposed by a
city must be related to the cost of enforcing related regulations not for the purpose of raising
revenue. In Hurt v. Cooper, 110 S.W.2d 896, 899-900 (Tex. 1937), the Texas Supreme Court set
forth the test to determine whether a fee should be classified as a regulatory measure or a tax
measure. One court discussing that test explains as follows:
[T]he rule for determining this question is well settled, that if from a consideration
of the ordinance as a whole, the primary purpose of the fees provided for therein
37
is the raising of revenue, then such fees are in fact occupation taxes. On the other
hand, if the primary purpose appears to be that of regulation, then the fees
imposed are license fees. The word `revenue' as used above means the amount of
money which is excessive and more than reasonably necessary to cover the cost
of regulation, and not that which is necessary to cover cost of inspection and
regulation.
Producers Assn of San Antonio v. City of San Antonio, 326 S.W.2d 222, 224 (Tex. Civ. App.
San Antonio 1959, writ ref d n.r.e.) (citations omitted). In other words, exorbitant regulatory
fees may be deemed an unconstitutional tax.
In addition, revenue from eight liners should probably not be used to fund city-related entities,
such as a volunteer fire department. The reason for that advice is the confusion detailed above
regarding whether the machines are in violation of the Penal Code. See, e.g., Briar Voluntary
Fire Dept. v. Anderson, No. 2-04-258-CV, 2005 WL 1475409 (Tex. App.—Fort Worth June 23,
2005, no pet.)(mem. op.).
Q May a city otherwise regulate eight liner machines?
A Yes, with certain limitations. Section 2153.452 of the Texas Occupations Code expressly
authorizes a city to regulate eight liners through zoning. However, it goes on to provide that a
city "shall treat the exhibition of a music or skill or pleasure coin-operated machine in the same
manner as the political subdivision treats the principal use of the property where the machine is
exhibited." In other words, a city can't discriminate against a commercial or retail establishment
solely because there are eight liners on the premises.
In addition, Section 2153.452(b) expressly authorizes a city to "restrict the exhibition of a coin-
operated amusement machine within 300 feet of a church, school, or hospital." The Second
Court of Appeals held that Chapter 2153 preempts zoning regulations in excess of those imposed
by Section 2153.452(b). City of Fort Worth v. Rylie, 563 S.W.3d 346, 366 (Tex. App.—Fort
Worth 2018, pet. granted). It determined this provision preempted Fort Worth from imposing a
greater distance restriction, as well as imposing a distance restriction from residential use in
addition to churches, schools, and hospitals.Id.
Specifically, in City of Fort Worth, the court affirmed the trial court's determination that Chapter
2153 preempted the following provisions of the City's ordinances: (1) provisions allowing only
one game room on any platted lot or in any single building, structure or tenant space within a
strip center; (2) prohibitions on game rooms within 1,000 feet of any church, school, residential
district, any residential use, hospital, or any other game room; (3)provisions granting the city the
authority to seal any coin-operated machine located in a game room for which the occupations
tax has not been paid and authorizing a fee of $100 to release such a machine; (4) zoning
provisions that game rooms shall only be considered existing in light, medium, or heavy
industrial districts; and (5) provisions that no game room shall be located within 1,000 feet of
any other game room from property line to property line. Id. Moreover, the court held the
Alcoholic Beverage Code preempted the ordinance's provisions that a game room may not sell
alcoholic beverages without a permit from Texas Alcoholic Beverage Commission. Id.
38
Finally, some cities have enacted ordinances requiring, among other things: (1) that an attendant
be present during open hours; (2) that machines be in full, open view; (3) limited hours of
operation; (4) the prohibition of minors near the machines; (5) a limitation on the number of
eight liners in a game room; and (6) requirements for the number of parking spaces per machine
and per employee. Many cities also require a license or permit for a game room or individual
machine. The Second Court of Appeals, in City of Fort Worth, confirmed that (1)-(6) are not
preempted, but game-room operators have appealed that holding to the Supreme Court.
Each city should decide whether or not to impose the above restrictions after consultation with
local legal counsel. As stated above, any fees imposed by a city, beyond a $15 tax, should be
related to the cost of enforcing the related regulations.
39
Fort Worth 's legal battle over eight-liners
continues after Texas Supreme Court
opinion
By Tessa Weinberg, Fort Worth Star-Telegram
5/8/2020
�.1
A
Cities with the highest number of COVID-19 cases
a
Details scant on small-business relief effort
A yearslong legal battle between the city of Fort Worth and operators of eight-liner
gambling machines continues after the Texas Supreme Court sent the case back to a lower
court Friday.
Before weighing in on the extent to which Fort Worth can regulate the popular slot
machines, more commonly known as eight-liners, the Texas Supreme Court ordered the
Second Court of Appeals in Fort Worth to first determine the legality and constitutionality of
the machines.
In January, the city argued before the Texas Supreme Court that the gambling machines are
illegal lotteries. But the amusement redemption machine operators suing the city argued
that provisions of state law supersede the city's ability to regulate them.
40
"We cannot reach that issue today, however, because the answer depends initially on
whether the eight-liners at issue are constitutional and legal," Justice Jeff Boyd wrote in the
court's opinion.
And because the court of appeals had not addressed that question, the Texas Supreme
Court reversed the lower court's judgment and sent the case back for it to consider.
The case stems from ordinances the Fort Worth City Council passed in 2014 in an attempt to
regulate game rooms, which many residents believe attract crime. The city's regulations
were quickly hit with lawsuits from amusement redemption machine operators. Portions of
the ordinance related to restricting game rooms to certain areas were struck down, and the
extent of the city's oversight has been debated in the courts ever since.
Provisions of Chapter 2153 of the Texas Occupations Code allow local municipalities to
impose restrictions, such as banning the machines from being within 300 feet of a church,
school or hospital. The city's 2014 ordinances went further than that, restricting them to
industrial-zoned areas and banning them from within 1,000 feet of schools, churches,
hospitals or residential areas.
Eight-liner operators suing the city claim that Chapter 2153 of the Texas Occupations Code
completely pre-empts the local regulations.
However, the city of Fort Worth argued that the eight-liner machines constitute illegal
"lotteries" —which the Texas Constitution forbids. And therefore, as unconstitutional
gambling devices, the section of the Texas Occupations Code does not apply to those
machines, meaning that the city would not be pre-empted by state law.
In Friday's opinion, the Texas Supreme Court sided with the city's interpretation, and
concluded that more broadly, Chapter 2153 of the Texas Occupations Code does not apply
to unconstitutional or illegal machines, because "it would necessarily give legal authority to
them and allow them to legally operate, in violation of the constitution."
"We're just gratified that the court accepted our interpretation of the occupations code and
rejected the operators' interpretation," said Chris Mosley, a senior assistant attorney for Fort
Worth.
Are eight-liners' purpose for gambling or entertainment?
The next question to address is whether the eight-liner machines that belong to the
operators suing the city are unconstitutional or illegal.
While gambling that results in cash payouts is illegal in Texas, state law exempts machines
used solely for entertainment purposes that dole out small, non-cash prizes. Because of this,
41
game room owners are legally allowed to operate eight-liners, as long as prizes are cashless
and aren't worth more than $5 or 10 times the cost to play the game.
The loophole is often referred to as the "fuzzy animal" exception because of its intention to
allow lottery-like games that award nominal prizes, like at Chuck E. Cheese locations.
In the city's view, if the machines are illegal lotteries, then section 47.01(4)(B) of the Texas
Penal Code is unconstitutional, because it circumvents the Constitution's ban on lotteries by
allowing the eight-liner machines to operate.
While the Texas Supreme Court declined to weigh in on the machines' legality or
constitutionality like the city had hoped, Mosley said he was looking forward to going back
to the Second Court of Appeals, "because I just don't think that there is any room for doubt
that these machines are unconstitutional."
Stephen Fenoglio, an attorney who represents the amusement redemption machine
operators, said that due to reduced dockets brought on by the novel coronavirus outbreak,
the case likely won't be heard until closer to the end of the year.
"My guess is that it'll go back to the Texas Supreme Court on both issues: constitutionality
and preemption," Fenoglio said. "And the Supreme Court made it clear they're not going to
address the preemption until the issue of constitutionality is addressed."
The case's outcome could affect how Texas cities are able to regulate the machines across
the state. If the machines are deemed constitutional and the court finds that state law does
preempt the city's ordinances, then Texas cities may have to go to the Legislature to be
extended the authority to impose stricter regulations than what state law allows.
Under state law, select counties were first granted the authority to regulate game rooms in
2013. Tarrant County was extended that authority in 2017, and it was later granted to all of
Texas' 254 counties under a state law that went into effect in September 2019.
In November, Tarrant County Commissioners unanimously adopted a long list of
requirements for game room owners that went into effect April 1. The regulations require
permits, limit hours of operation and more.
State law defines a "game room" as a for-profit business that contains six or more machines,
meaning that the county can't regulate businesses with less than six machines. However, the
county can crack down on illegal gambling.
42
(H` Finance Department
DENTON 215 E. McKinney St., Denton, TX 76201 • (940) 349-8206
May 22, 2020
Organization Name
The Hotel Occupancy Tax and Sponsorship Committee met on May 14th to discuss several items of
business which included HOT Program budgets for this program year Times are uncertain and things are
continuously evolving in response to the COVID-19 (Coronavirus)pandemic around the world and in our
City, thus the City is asking for your assistance. The City is committed to establishing program processes
during this uncharted environment, so your organization can successfully complete the year with general
operations and events based upon your HOT contract.
Each of your organizations are in receipt of HOT funds to support activities being held by December3l,
2020. To evaluate the status of your contract, the City is requesting budget update be submitted using the
attached spreadsheet. This information will assist the committee in creating a process that should provide a
clear path for each organization to continue preparing for the remainder of the program year and/or event
within the terms of the HOT contract. Depending on the outcome of your organization's event status, a
return of funds may be necessary at the end of this contract term. The committee will review the provided
budget status updates during their June meeting.
Please use the spreadsheet to report your current HOT expenditures and status of your organization and/or
event. The completed spreadsheet is due to the City on or before Friday, May 29,2020.
If you have any questions,please do not hesitate to call.
Sincerely,
Randee Klingele
Senior Treasury Analyst
940.349.8206
OUR CORE VALUES
Integrity•Fiscal Responsibility• Transparency• Outstanding Customer Service
ADA/EOE/AREA www.cityofdenton.com TDD(800)735-2989
43
City of Denton
HOT Program 2020
SAMPLE
Organization Name
Year Round Operations YES NO
Event Name
Original Event Date
New Event Date
Cancelled this Year YES NO
Total Additional
Original Amount Expected
Budget Spent to Spend Balance*
Sample Advertising $ 5,000.00 $ 3,500.00 $ - $ 1,500.00
Art $ 10,000.00 $ 5,000.00 $ - $ 5,000.00
Historical $ - $ - $ - $ -
Convention Center $ - $ - $ - $ -
Convention $ - $ - $ - $ -
$ 15,000.00 $ 8,500.00 $ - $ 6,500.00
*Unspent funds on current year event shall be refunded to the City.
If expenses occurred, but event was cancelled or post-
poned to a date after December 31, 2020 please list
paid expenses below.
Amount Description of Expense
Sample $ 3,500.00 Printed advertising in magazines
$ 5,000.00 Band deposit
44
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Date: May 22,2020 Report No. 2020-052
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Occupant load calculation methodology for businesses in the City of Denton.
BACKGROUND:
During their May 19 meeting, the City Council requested information on how staff calculates
occupancy loads for individual businesses. The Development Services Department is responsible
for completing occupant load calculations for each business and restaurant operating in the city
limits. Occupant loads are included in the Certificate of Occupancy, which confirms that the
business is operating legally and that the facility has been inspected for compliance with applicable
codes. Occupant load calculations for new construction and new businesses operating in the City
of Denton are currently based on the 2012 International Building Code (IBC). The 2012 IBC was
adopted by the City Council via ordinance in 2015. For buildings constructed prior to the adoption
of the 2012 IBC, staff used the adopted Building Code at that time to calculate occupancy totals.
Over the past decade, there has been no significant changes to the occupancy calculation
methodology as new versions of the IBC have been published.
DISCUSSION:
As a part of the May 19 Work Session, staff provided Council with an update to City's COVID-
19 response. During the presentation there was discussion on Governor Abbott's reopening
strategy, the City Manager was asked to provide more information on how occupant loads are
established for businesses within the City of Denton.
As the statewide response to the COVID-19 pandemic progresses,businesses and restaurants have
been granted authority to re-open by Governor Abbott with certain restrictions on occupancy
totals. Governor Abbott's most recent executive orders have restricted certain business types to re-
open at 25% and 50% of their listed occupancy.
In order to calculate the reduced occupancy totals,Development Services staff first had to compile
the original occupancy totals issued to businesses by referencing historical documents, data in the
permitting software system, and/or by manually calculating occupancy totals using the 2012 IBC.
Occupant load calculations include several factors such as the use of the building, square footage,
ingress and egress points, and available safety infrastructure. In order to calculate a business'
occupant load, staff must first obtain the square footage of each use in a building or business. The
use serves as the baseline for the occupant load determination. Following this, staff calculates the
widths of all marked exit doors, verifies the existence or nonexistence of a sprinkler system, and
determines the distances between required or marked exit doors. This calculation allows for the
determination of the safe limitation of the number of individuals that can occupy that space.
Example Calculation:
Big Box Store
180,088 square feet total
46
Date: May 22,2020 Report No. 2020-052
Calculate occupant load
Inside sales floor 138,566 square feet/30 square feet per person=4,619 persons
Storage areas 19,053 square feet/300 square feet per person= 63 persons
Kitchen areas 22,469 square feet/200 square feet per person= 112 persons
Total equals 4,794 persons
Table 1004.1.2 9 2012 International Building Code —not complete table
FUNCTION OF SPACE OCCUPANT LOAD FACTOR
Assembly without fixed seats (Restaurants and Bars)
Concentrate (chairs only-not fixed) 7 net' (number of persons per square foot)
Standing space 5 net' (number of persons per square foot)
Unconcentrated tables and chairs 15net1 number ofpersons per s uare oot
Mercantile (Grocery Stores and Retail)
Areas on other floors 60 gross2 (includes all ancillary spaces)
Basement and grade floor areas 30 gross (includes all ancillary spaces)
Storage, stock, shipping areas 300 groSS2 includes all ancillary spaces)
'Occupiable Area where individuals may gather;excludes restrooms, kitchens, mechanical, and storage areas
'Gross includes all ancillary spaces
Staff has prepared a spreadsheet of Denton restaurants and businesses that lists each
establishment's occupant totals along with 25% and 50% occupant loads. These spreadsheets are
updated regularly as additional information is identified and as feedback is received from business
owners. Occupancy load information is available on the City's website at:
https://www.cityofdenton.com/en-usibusiness/permits-licenses and
hgps://www.cityofdenton.com/en-us/,government/health-safety/covid-l 9-infortnation/covid-l 9-
business-guidelines.
CONCLUSION:
Staff continues to monitor the Executive Orders issued by Governor Abbott regarding restrictions
placed on businesses as they are permitted to reopen. Development Services staff working closely
with staff from Public Affairs and the City Manager's Office to ensure pertinent information is
updated and readily available to the business community.
STAFF CONTACT:
Scott McDonald, Director, Development Services
Scott.mcdonald&cityofdenton.com
Emily Loiselle, Deputy Building Official
Emily.loiselle(ab cityofdenton.corn
(940) 349-8536
REQUESTOR: Council Member Armintor(May 19, 2020 Work Session)
STAFF TIME TO COMPLETE REPORT: 4 hours
47
Date: May 22, 2020 Report No. 2020-054
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Provide information concerning the upcoming 2020 Mosquito Season
EXECUTIVE SUMMARY:
The City of Denton's mosquito season officially starts in May. Mosquito monitoring for 2020
will begin May 25 and will continue an approximately weekly basis until the end of the season in
late fall. Monitoring provides information on mosquito populations and the presence of
mosquito-borne viruses. Staff uses this information to establish risk levels in accordance with
the protocols in the City of Denton's Mosquito Surveillance and Response Plan, and each Risk
level triggers a specific public communication and mosquito control efforts. Due to COVID-19,
the Texas Department of State of Health Services (DSHS) would be limiting the testing to fewer
mosquito species.
BACKGROUND:
A copy of the City of Denton's Mosquito Surveillance and Response Plan(MSRP) is provided as
an exhibit. The MSRP outlines a systematic approach for tracking mosquito populations and
assessing risk. This approach is based on mosquito population dynamics, detection of viruses in
captured mosquitoes, and human case information. The MSRP also includes public information,
larviciding activities, and procedural issues associated with spraying for adult mosquito control
("adulticiding"). This approach ensures appropriate response levels by combining principles of
integrated pest management, data from a comprehensive mosquito monitoring network, and
procedural issues associated with a given risk level.
The MSRP includes 5 Risk Levels,with each level indicating progressively greater human health
risks from WNV. Each Risk Level is enacted when specific trigger conditions are met. Once
enacted, the Risk Level outlines a series of responses that include recommendations for mosquito
surveillance, public information and education, and mosquito control measures. Responses
increase in scope and magnitude as Risk Levels increase. Although the MSRP is systematic in its
approach, it is important to note that the MSRP is only intended to provide a decision-making
framework for a complex human health issue involving many interacting factors, including the
biology / ecology of mosquitoes, birds, and humans, as well as weather patterns. Flexibility is
built into the MSRP to account for these variables/uncertainties.
Risk levels in the current plan are:
Risk Level 1 Normal Response: Probability of human outbreak is remote
Risk Level 2 Enhanced Response: Probability of human outbreak is low
Risk Level 3 Public Health Concern: Probability of human outbreak is low to moderate
Risk Level 4 Public Health Warning: Probability of human outbreak is moderate to high
Risk Level 5 Public Health Alert: Human outbreak is confirmed
48
Date: May 22, 2020 Report No. 2020-054
Currently, the mosquito season begins at Risk Level 2. Risk Level 1 is based on the condition of
"normal mosquito activity with no evidence of disease during the past 3 years, and it is unlikely
that we will see this condition again in the region. Progressively greater levels of public
education and outreach, source reduction, and larviciding using Bacillus thuringiensis israelensis
(BTI) are the main responses for Risk Levels 2 through 4. The Risk Level 3 trigger is a single
WNV positive mosquito sample. Risk level 4 is triggered by multiple mosquito samples
collected at different times and locations testing positive for WNV, or a single human case of
WNV. Risk Level 5 is triggered by more than one human WNV case, and states that the City
Council will recommend whether to implement ground level ultra-low volume (ULV)
adulticiding as a response. The decision to spray is made by a Resolution of the City Council of
Denton prior to the first ULV application, for each mosquito season. Based on information
available at the time of the Council decision, the Resolution may also include specific
requirements in addition to those outlined in the plan.
Over the last 15 years of monitoring, a single genus of mosquito, Culex, has been responsible for
approximately 99 percent of the WNV detected in Denton mosquito samples. A single species of
Culex (Culex quinquefasciatus) represents almost all of the WNV positive Culex mosquitoes
captured in the City. Although the monitoring program is designed to capture all mosquito
species, it emphasizes capturing Culex quinquefasciatus as the "target mosquito." Monitoring
continues approximately weekly through the end of the season, which usually occurs in late
October to mid—November. Monitoring is comprised of two components: "routine monitoring"
and monitoring for local WNV testing.
All mosquitoes collected during routine monitoring events are shipped to the Texas Department
of State Health Services (TDSHS) for species identification and virus screening. Due to COVID-
19 TDSHS we will only be conducting testing on Culex quinquefasciatus and Culex tarsalis
mosquitoes for West Nile, Saint Louis encephalitis, and western equine encephalitis viruses. No
testing for testing Aedes species for Zika, chikungunya, and dengue viruses would be conducted.
In 2013, the City of Denton and University of North Texas (UNT) researchers implemented an
additional monitoring and testing program using a Rapid Analyte Measurement Platform
(RAMP) system. The RAMP system provides more rapid and flexible local West Nile Virus
testing capabilities. Although the services provided by the TDSHS are extremely valuable to the
overall monitoring program, due to the State's workload it can take a week or more before virus
testing results are finalized and reported. The RAMP approach allows local researchers to
produce WNV test results within one day of collection, which is extremely beneficial for quickly
adjusting local responses.
In a "normal" season, 16 traps are deployed each week for routine monitoring, and 8 traps are
deployed each week to collect mosquitoes for RAMP testing. Trap results are provided as a time
series animated map on the City of Denton web page. The City of Denton web page also contains
a large amount of additional public information, including the current Risk Level, general
information on mosquitoes emphasizing the importance of mosquito control around the home
and personal protection, various methods for citizens to receive notifications, FAQs, and the
MSRP itself.
49
Date: May 22, 2020 Report No. 2020-054
At the beginning of each mosquito season, a bilingual "general information" campaign covering
mosquito and WNV issues is implemented by the Public Communication Office (PCO). The
information focuses on what citizens can do to help control mosquito populations and how
citizens can protect themselves and their families. As defined in the MSRP, the PCO performs
progressively greater roles as Risk Levels increase. If Risk Level 5 is reached and the City
Council authorizes ground based adulticiding activities, the PCO coordinates with
Environmental Services, Technology Services, Customer Service, and Emergency Management
to perform the crucial functions of informing citizens of the spray event, with the goal of a
minimum 24-hour notification. An outline of the PCO's plan for this mosquito season is
provided as an Exhibit.
CONCLUSION:
This update is being provided for informational purposes. Staff will be glad to provide additional
information to the Council upon request.
ATTACHMENT(S):
2020 Mosquito Surveillance and Response Plan
STAFF CONTACT:
Deborah Viera
Assistant Director of Environmental Services
940-349-7162
50
Mosquito Surveillance and Response Plan
City of Denton, Texas
r ,
female - -
r [
pupa eggs
larva
2020 SEASON
prepared by Kenneth E. Banks, Ph.D.
Department of Environmental Services and Sustainability
City of Denton
51
TABLE OF CONTENTS:
1.0 Introduction .......................................................................... 1
2.0 Objectives .............................................................................. 2
3.0 West Nile Virus Concerns .......................................................... 2
4.0 The Role of Residents ................................................................. 4
5.0 Denton's Plan for Mosquito Surveillance ......................................... 4
5.1 Adult mosquito collections ......................................... 6
6.0 Mosquito Control Strategies ............................................................. 6
6.1 Larviciding vs. adulticiding ....................................... 8
6.2 Rationale for different treatment methods ....................... 9
6.3 Integrated Pest Management ........................................ 9
7.0 Denton's Plan for Mosquito Control ................................................ 10
7.1 Adulticiding ......................................................................... 10
7.1.1 Triggers for adulticiding .......................................... 10
7.1.2 When to use adulticides ........................................... 11
7.1.3 Where to use adulticides .......................................... 11
7.1.4 Human Population density considerations ................ 11
7.1.5 Mosquito population considerations ......................... 11
7.1.6 Local perspectives on spraying ................................. 12
7.1.7 Denton's plan for mosquito adulticiding operations . 12
7.2 Plan for Public Education Concerning Mosquitoes .............. 13
7.3 City of Denton Response Plan .............................................. 14
7.3.1 Risk Level 1 -Normal Response .............................. 15
7.3.2 Risk Level 2 - Enhanced Response ........................... 16
7.3.3 Risk Level 3 - Public Health Concern ....................... 17
7.3.4 Risk Level 4 -Public Health Warning ...................... 18
7.3.5 Risk Level 5 - Public Health Alert ......................... 19
8.0 Emerging diseases ....................................................................... 20
References ................................................................................................. 22
52
1.0 INTRODUCTION
Mosquitoes are insects that belong to the order Diptera, or True Flies. Female
mosquitoes have modified mouthparts that form a long piercing-sucking proboscis, while
male mosquitoes have mouthparts that are incapable of piercing skin. There are over
2,500 different species of mosquitoes that have been identified throughout the world,
with approximately 150 species occurring in the United States. The Texas Department of
Health estimates that there are approximately 82-84 mosquito species in the State of
Texas, although only about 12 of these mosquito species have been implicated in the
transmission of serious diseases.
Mosquitoes typically need still, stagnant water that is isolated from fish or other small
predators to complete their metamorphosis from egg to adult. Larval habitats can range
from marshes, freshwater wetlands, and tree holes to human-made structures like
catchments, drains, gutters, and discarded tires. Not all species feed on humans and
other mammals, and many species feed mostly on birds, amphibians, or reptiles. Only a
small percentage of the known mosquito species are considered to be diseases vectors.
Although only a small percentage of mosquito species are capable of transmitting
diseases, mosquitoes are still considered to be a very important vector for disease
transmission. Within the United States, the occurrences of mosquito-borne illnesses
have been relatively rare in recent years. However, epidemics of mosquito-borne
diseases were once common in the United States. Outbreaks of Yellow Fever have been
recorded as far north as Philadelphia during the Colonial Period, and Dengue fever was
prevalent along the Gulf Coast until the mid-1940s. At one time, malaria was well
established in the continental United States, especially in the south. Other mosquito-
borne illnesses like LaCrosse, St. Louis, and Eastern Equine Encephalitis are still threats
in certain areas of the country. Although many of these historical mosquito-borne
diseases have been eliminated or at least controlled, the introduction and subsequent
rapid spread of West Nile Virus within the United States is a topic of current concern.
Mosquitoes may be controlled through a variety of different physical, chemical, and
biological methods. Physical methods usually involve source reduction, which is simply
the physical removal of mosquito breeding habitats. Biological measures mainly center
on the use of bacteria that kill mosquito larvae or the use of natural mosquito predators.
Chemical treatment typically involves the application of pesticides to attempt to control
larva or adult mosquito populations.
Mosquito control pesticides are applied by various means, depending on the type and size
of the area being treated. No matter how pesticides are applied, however, pesticides
have the potential to impact non-target species, including humans. Depending on the
pesticides used,potential impacts may include acute or chronic toxicity, reproductive and
/or developmental effects, and indirect effects through the food chain. The tests
required for pesticides registration also may not address non-target impacts.
Information regarding the effects of inert ingredients in pesticide formulations, food
chain effects, multi-generational effects, and the interaction of specific pesticides with
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53
other chemicals in the environment may also be lacking. It is therefore important to
realize that there are risks associated with the use of pesticides just as there are risks
associated with the potential for human or animal infection by a mosquito-borne illness.
The purpose of this response plan is to provide a systematic way to consider and balance
the risks associated with mosquito control measures.
2.0 Objectives
The City of Denton Mosquito Surveillance and Response Plan was developed to meet
several objectives. Specifically, the Plan:
• Provides guidelines and information on mosquito populations,prevalence of
diseases, and control strategies;
• Provides a systematic approach for using mosquito sampling and human disease
data to establish Risk Levels;
• Establishes actions that will be undertaken for each Risk Level;
• Provides municipal staff and elected officials with a decision-support system;
• Outlines the roles and responsibilities of municipal staff and elected officials.
3.0 West Nile Virus (WNV) Concerns
West Nile Virus was first recorded in North American during August 1999 shortly
following the Center for Disease Control and Prevention(CDC) and the New York City
Department of Health responses to an unusual outbreak of encephalitis in northern
Queens,New York. The cause of the observed illnesses was determined to be West Nile
virus. During 1999, approximately sixty people were diagnosed with West Nile virus
and seven elderly residents died from the infection. During the summer of 2000, WNV
activity was detected again in New York City and appeared to be spreading. Fourteen
people in the City of New York were diagnosed with acute WNV infection, six were
identified in New Jersey, and 1 was reported from Connecticut. Outside of New York,
WNV was detected in 12 states and in the District of Columbia. During 2001, the virus
appeared again in New York City, causing seven cases that required hospitalization. In
2001, a total of 66 human cases with nine fatalities were reported throughout the nation,
mostly spread throughout the eastern United States. During 2002, there were 4,156
laboratory-positive human cases and 284 deaths. The number of cases increased
dramatically in 2003 as the disease spread westward, with 9,862 cases and 264 deaths.
After 2003, annual national case counts have ranged from a low of 712 during 2011 to a
high of 5,674 in 2012. In 2012, the highest incident rates in the nation were observed in
the North Texas region, including Denton County. Fortunately, subsequent seasons have
been relatively mild when compared to 2012.
The relatively rapid spread of West Nile virus and the increase in disease incidence
indicates that WNV is permanently established in the United States. It is likely that the
virus survives the winter either within birds that remain in the area or within mosquitoes
that survive the winter. When spring returns, the virus can amplify within birds and is
readily passed to early season mosquitoes. As mosquito populations increase,
2
54
mosquitoes begin to feed more frequently on birds, causing an increasing number of birds
and mosquitoes that are infected. If environmental conditions are favorable for
transmission, the virus will amplify to a theoretical point of spillover. At spillover, the
virus can bridge out of the bird-mosquito cycle through mosquitoes that feed on birds,
humans, and other animals. At the point of spillover, transmission to humans becomes
more likely. Currently, mosquito bite avoidance and mosquito control are the only
practical method of protecting the human population from WNV infection. There are no
known specific treatments or cures for the disease, and vaccines are currently not
available for public use. The virus also kills a variety of native and non-native birds and
may have impacts on other wildlife.
Weather plays a major role in the prevalence of WNV, and the relatively warm winter
and spring experienced in North Texas during 2011 to 2012 may have been a significant
factor in the large amount of disease present during the 2012 mosquito season.
Understanding the types of mosquitoes in the area that transmit the disease is also a
crucial consideration for directing control responses and public education activities.
Since not all mosquitoes carry the virus, enacting mosquito control efforts that attempt to
non-selectively reduce all mosquito populations will not necessarily reduce the risk of
WNV. In fact,based on 15 years of mosquito monitoring and disease analyses in the
City of Denton, there appears to be only one mosquito that serves as a vector for this
disease. Approximately 94 percent of the WNV infected mosquitoes captured in
Denton's monitoring program over the last 15 years have been Culex quinquefasciatus,
commonly known as the southern house mosquito. Approximately 99% of the
mosquitoes that have tested positive for WNV during the last 15 years of monitoring have
been some type of Culex species. Control efforts enacted by the City are therefore
focused on Culex species, and are particularly focused on Culex quinquefasciatus.
The past experience of numerous mosquito control districts suggests that a mosquito
control program should be based on the principals of Integrated Pest Management (IPM).
The principals of IPM are:
• knowledge of mosquito biology and the epidemiology of the mosquito-borne
diseases;
• surveillance and monitoring efforts for the detection and status assessment of
mosquito populations and/or mosquito-borne diseases;
• a multifaceted prevention and control program comprised of a system of control
tactics which are compatible with each other and which are proven effective;
• continue program evaluations and updates to ensure that the best methods are
being used to meet the prevention and control objectives of the program; and
• continue education of the public to create awareness, understanding, and support.
These general guidelines have been used to develop the threshold-level responses of this
surveillance and response plan.
3
55
4.0 The Role of Residents
Residents can play an important role in reducing the number of adult mosquitoes by
eliminating standing water that may support the development of mosquito larva and pupa.
For example, residents can properly dispose of discarded tires, cans, buckets, maintain
pools correctly,unclog blocked gutters and drains, dump water from bird baths and pet
dishes at least every 2-3 days, ensure that air conditioning condensate is not pooling for
several days, control irrigation so that standing water is not produced, irrigate so that
runoff is not produced, and perform similar activities around homes and businesses.
Water that cannot be eliminated should be treated with a biological mosquito larvicide
such as Bacillus thuringiensis israelensis (Bti) in accordance with manufacturer's
recommendations.
Residents should be aware that Culex quinquefasciatus, the target mosquito for control,
tends to prefer to lay its eggs in "artificial" sources of water such as those listed above, as
opposed to laying eggs in wetland areas, streams, and ponds. Generally, this mosquito
cannot fly long distances, so emerging adult mosquitoes often remain near the habitat
they lived in as larva and pupa. Adults will rest during the daytime in vegetation,
particularly in areas where humidity is high. Irrigated urban and suburban landscapes
can offer excellent habitat, especially if there is standing water present. Underground
storm drains that receive small amounts of runoff from irrigation are also good habitat for
these mosquitoes. As a result, Culex quinquefasciatus tends to become more associated
with urban and suburban areas during the summer months. Often these same areas will
also have birth baths,bird feeders, trees, and other vegetation that serve to attract birds,
especially during the drier times of the year when food and water become scarce. As a
result, the opportunities for WNV disease amplification in urban and suburban areas can
become more pronounced during summer months. The role of residents and business
owners in controlling larval habitat is therefore a crucial component of reducing local
WNV risk.
5.0 Denton's Plan for Mosquito Surveillance
The risk of mosquito-borne diseases depends on the size of mosquito populations and the
incidence rate of disease, as well as the likelihood of the mosquito population changing in
response to climate factors. Although mosquito abundance can be estimated through
collection of either immature or adult mosquitoes, adult mosquito abundance is a key
factor contributing to the risk of virus transmission. For this reason, the City of Denton
monitoring program primarily focuses on collecting adult mosquito populations for
targeting control measures and gauging the potential for disease outbreak. The current
mosquito surveillance program is a partnership between the City of Denton and the
University of North Texas. This surveillance program collects adult mosquitoes using
both CDC light traps and gravid traps. Captured mosquitoes are sent to the Texas
Department of State Health Services for testing. Each sample (sometime referred to as a
"pool") consists of female mosquitoes that are collected at a specific collection site, in
one of the two types of trap. The information obtained from these surveillance efforts is
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56
used to map mosquito populations,provide public information, and to determine the
incidence of WNV or other arbovirus(CDC, 2013)
The mosquito surveillance program allows analysts to map potential mosquito breeding
grounds and areas of persistent disease. Using this information, more targeted efforts
towards habitat disruption, source reduction, larviciding operations, and other control
mechanisms are possible. An effective,broadly applied surveillance program can allow
analysts to detect the presence of WNV of other mosquito-borne viruses during the
amplification phase. If targeted mosquito controls are implemented at the amplification
stage, the likelihood of bridging can be minimized, thus reducing the risk of human
transmission. Depending on weather patterns and monitoring results, trapping can be
expanded or contracted, and the trapping season may be lengthened or shortened. If
control measures are applied, trapping data may also be of some use for evaluating the
effectiveness of control measures.
The overall goal of the mosquito surveillance program is to use data on mosquito
populations and mosquito virus infections rates to:
• assess the threat of human disease;
• determine the geographical areas of highest risk;
• determine the need for intervention events, and the timing of these events;
• identify larval habitats that are in need of targeted control;
• monitor the effectiveness of control measures; and
• develop a better understanding of transmission cycles and potential vector
species.
Adult surveillance methods should:
• Use both fixed and flexible trap locations if possible
o Fixed positions allow for the development of a database so year to year
comparisons are possible;
o Flexible sites allow for responses to epidemiological and natural events.
• Use more than one trapping method(CDC light traps, gravid traps, etc...)
o Testing data collected in the City of Denton's monitoring program
suggests that if resource limitations require a choice between CDC light
traps or gravid traps, gravid traps are preferred. These traps have been
more effective in collecting Culex quinquefasciatus, and more effective
for establishing the prevalence of WNV.
• Account for different influencing factors, including:
o Habitat size and diversity;
o Resource availability;
o Proximity to human population centers and/or recreational areas; and
o Flight ranges of target mosquito vector(s).
Advantages of using adult mosquito surveys include:
5
57
• The ability to provide early evidence of viral activity in an area;
• Helpful for determining if viral activity is local and/or restricted to a few areas;
• Providing information on potential mosquito vector species
• Providing estimates of vector species abundance and temporal prevalence;
• Providing information on virus infection rates for different mosquito species;
• Providing information on potential risks to humans and animals;
• Providing baseline data that can be used to guide emergency controls.
Disadvantages of using adult mosquito surveys include:
• The amount of labor required, and associated expenses;
• The need for substantial expertise to ensure proper collection and handling of
mosquitoes;
• The delays associated with receiving mosquito arbovirus screening results;
• The fact that collectors may be at risk from mosquito bites (although using
personal protection methods can minimize risks).
5.1 Adult mosquito collection
The adult mosquito surveys implemented by the City of Denton in conjunction with the
University of North Texas are designed to determine the relative abundance of various
species present during the sampling period as well as the incidence of arthropod-borne
virus/diseases within the captured specimens. Using this information, City of Denton
personnel determines the need for various control measures, and can conduct more
effective searches for larval breeding places, assess the extent of the problem, and
potentially gauge the effectiveness of control measures. Reports concerning the
incidence rates of arthropod-borne virus/diseases and the relative risks to citizens are also
produced. Currently, collections are made using both CDC light traps and gravid traps
deployed simultaneously.
6.0 Mosquito Control Strategies
Human activities can greatly affect the ecology of mosquito populations. Large
concentrations of people or animals, for example, can increase exposure rates and the
probability of disease outbreak. The use of irrigation, development of drainage networks,
elimination of mosquito predators,prevalence of improperly maintained birdbaths and
other water holding containers can increase the numbers of certain types of mosquitoes.
Expanding international trade and travel has increased the chance of introducing new
mosquito species into our areas, as has happened with the Asian tiger mosquito (Aedes
albopictus). The introduction of new diseases is also a concern, as has been seen recently
with both Chikungunya and Zika viruses.
Mosquito control strategies have changed dramatically over the last few decades. Diesel
oil, inorganic poisons, and source reduction using ditching operations were the basic tools
of early mosquito control programs. Chlorinated hydrocarbons, organophosphates,
6
58
pyrethroids, monomolecular oils, bacteria, and natural predators are more recent
additions to mosquito control efforts. With the growth of ecological consciousness and
environmental science,people began to realize the environmental damage that
accompanied the use of broad-spectrum chemical control agents,particularly those that
did not readily break down in nature. Concerns were also raised because many mosquito
populations also appeared to develop resistance to the more commonly used chemical
control agents.
Over the past few years, major advances have been made in the areas of biological
mosquito control. Biological control strategies may include using natural predators like
Gambusia affinis (Mosquito fish), fungi, protozoans, round worms, flat worms, and
bacterial agents such as Bacillus thuringiensis israelensis (Bti). Each biological control
agent has certain benefits and restrictions. In order to use a biological control agent
successfully, the applicator must have a basic knowledge of biology associated with the
control agent. Some biological control mechanisms, for example, are limited by salinity,
temperature, or organic pollution and some mosquito species are much more susceptible
to specific types of biological control agents. All of these factors must be considered
when choosing and applying biological control agents.
The perfect pesticide is one that is easily applied, reasonably inexpensive, not toxic to
non-target organisms, and that eliminates the pest quickly before it becomes a threat.
Although no single pesticide can combine all of these factors, certain types of Bacillus
bacteria have been developed into pesticides that are very close to the perfect pesticide
model. Bacillus thuringiensis israelensis (Bti), for example, is a naturally occurring soil
bacterium that produces a poison capable of killing mosquito larvae. Bti is considered
ideal for mosquito management because of its specificity for mosquito larvae and because
of the minimal to no toxicity to non-target organisms. These bacteria form reproductive
cells, called endospores, which enable them to survive in adverse conditions. The
endospores of Bti also contain crystals of an insecticidal protein toxin called delta
endotoxin. Once ingested by a mosquito, the alkaline conditions of the stomach dissolve
the crystal and release the delta-endotoxin. The toxin has an affinity for the stomach wall
lining causing the cells to first swell then rupture. When enough stomach cells burst, the
mosquito larvae is unable to effectively digest food. Once affected, larvae stop eating
and rapidly die. Currently, Bti is commercially available in powder, liquid, granular,
capsule, and "briquette" formulations.
BTi is a registered pesticide. Agencies applying pesticides directly to waters of the
United States, or where deposition may enter waters of the United States, are required to
obtain a National Pollutant Discharge Elimination System (NPDES)permit from the
Texas Commission on Environmental Quality (TCEQ). This permit is titled"General
Permit to Authorize Point Source Discharge of Biological Pesticides and Chemical
Pesticides That Leave a Residue in Water". Agencies must comply with all applicable
provisions of this permit(see TCEQ General Permit TXG87000). The City of Denton
complies with all requirements necessary to maintain the City's permit under TXG87000.
6.1 Larviciding vs.Adulticiding
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In the past, many mosquito control programs have relied heavily upon adult mosquito
controls using chemical agents. In certain areas, routine mosquito spraying has been an
integral component of control strategies. However, even near-continuous exposures to
pesticides may not kill all mosquitoes. Those mosquitoes genetically able to resist higher
pesticide concentrations may survive and pass on this resistance to future generations.
Eventually, the pesticide becomes less effective as resistance increases in the mosquito
populations.
Resistance can be minimized through the "Management by Moderation" approach.
Management by moderation is an attempt to prevent the onset of resistance by:
• using doses that are no lower than the lowest recommended application rate to
avoid genetic selection of resistance genes;
• using less frequent applications;
• using chemicals of short environmental persistence;
• avoiding the use of slow release formulations;
• avoiding using the same class of pesticides to control both adults and immature
stages;
• applying pesticides to only hot spots. Area-wide treatments should only be
considered during imminent public health threats;
• leaving certain generations, populations, or population segments untreated; and
• establishing action thresholds that accentuate control mechanisms other than
chemical control of adult mosquitoes.
Although management by moderation is a viable means of minimizing resistance, there
are other environmental and human health concerns associated with the application of
pesticides for adult mosquito control. Routine mosquito spraying, for example, has the
potential to expose the public to pesticides. Depending upon the pesticide used, effects
on humans are possible and may be more likely for people who already suffer from
asthma or other respiratory problems. If proper safety precautions are not followed,
applicator personnel may also be in danger of overexposure. Managers must therefore
decide whether mosquito populations and the related threat of disease transmission or the
chemicals used to control mosquitoes represent the bigger threat to humans.
All mosquitoes begin their lives in water. Prime breeding sites include discarded tires
left outdoors,poorly maintained bird baths, clogged rain gutters, unused swimming pools
and plastic wading pools, pet dishes, or any other container capable of holding water for
more than a few days. Mosquito breeding can therefore be prevented by either
eliminating the source of water(source reduction) or by killing larvae (larviciding).
Larviciding programs use a combination of source reduction,biological, and possibly
chemical measures to control mosquito larvae before they develop into biting adults. If
properly implemented, this strategy can be the most effective, economical and safest
method for mosquito control because mosquito larvae are minimized, thus reducing the
need for adult mosquito control and subsequently reducing the impacts of control
measures on non-target organisms. Larviciding programs also offer the opportunity to
use biological controls, which minimizes the impacts of the control program on non-
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target organisms and lessens the risk of chemical exposures to the public. Using
biological controls also minimizes the chance of pesticide resistance in the mosquito
populations. Experience suggests that the most effective and economical way to reduce
mosquito populations is by larval source reduction through a locally funded abatement
program. The goal of this program should be to monitor mosquito populations and
initiate controls before diseases are transmitted to humans or domestic animals (CDC,
2001).
When larval control is not possible or more immediate control measures are needed, adult
mosquito control may be required to diminish populations of infected mosquitoes and
interrupt viral transmission. Adult mosquito control products may be applied using
ground based equipment, fixed wing aircraft, or helicopters. In all cases,products
should be applied in ultralow volume (ULV) formulations and doses, and should be
comprised of pyrethroids.
6.2 Rationale for different treatment methods
Chemical usage should not be viewed as a long-term control strategy, and should be only
implemented when there are occasional episodes of heavy uncontrolled breeding
concurrent with a high degree of public health risk. This strategy is most appropriate
because prolonged use might lead to the development of resistance in mosquito
populations, thereby limiting overall management options (Tabashnik, 1990). The most
efficient and effective program is one in which mosquito larvae are prevented from
becoming biting adults through the use of biological control agents. The bacterium Bti or
the related bacterium Bacillus sphaericus (Bs.) are considered to be the among the most
environmentally acceptable commercially available biological control agents because of
their relative specificity for mosquitoes and negligible toxicity for vertebrates (Rishikesh
et al., 1983). Larvivorous fish can also be a valuable component of an integrated control
program, either alone or together with chemical control agents (Walton et al., 1990;
Walton and Mulla, 1991; Reed et al., 1995). For these reasons, the City of Denton relies
heavily on source reduction and larviciding for mosquito control.
6.3 Integrated Pest Management
Integrated pest management dictates that control efforts should be dependent on threshold
levels. This means simply that a certain defined risk needs to exist before particular
control measures are recommended. Levels of risk are based on knowledge of mosquito
biology, the epidemiology of the mosquito-borne diseases, and monitoring efforts for the
status assessment of mosquitoes and/or mosquito-borne diseases. Risks levels are then
used to design multi-tactic prevention and control program that are comprised of a system
of tactics which are compatible with each other and which are proven for their
effectiveness. Continual program evaluations and updates ensure that the best methods
are being used to meet the prevention and control objectives of the program, and
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continued public education is used to create awareness, understanding, and support.
Frequent mosquito population assessments allow analysts to map potential mosquito
breeding grounds and determine overall disease transmission risks. Using this
information, more targeted efforts towards habitat disruption, source reduction,
larviciding operations, and other control mechanisms are possible.
7.0 Denton's Plan for Mosquito Control
The primary objective of mosquito control is to decrease the risk of mosquito-borne
human diseases. This objective should be accomplished by:
• Stressing source reduction as a viable means of control,both by residents and on
municipal properties, including enforcement actions for stagnant water located
on private property;
• Aggressively larviciding where such activities are feasible,practical, and likely
to be effective. This includes providing limited supplies of larvicides to citizens
for use on private property.
• Promoting the use of personal mosquito protection measures, especially for the
elderly and those individuals with compromised immune systems, through
public education and outreach.
• Providing public information so that citizens are informed about the current Risk
Level, areas of the City where WNV has been located, current municipal control
measures, and what can be done by the public to help reduce risks.
• If warranted, implement adult mosquito control measures through targeted ULV
pesticide applications (adulticiding).
7.1 Adulticiding
Adulticiding should and will be considered a supplemental control measure. The
decision to spray shall be based on the conditions listed (in no particular order)below.
7.1.1 Triggers for adulticides: Adulticiding shall be considered only when there is
evidence of WNV activity at a level suggesting a high probability of human infection. In
general, finding an isolated WNV-positive mosquito pool does not by itself constitute
evidence of an imminent threat to human health and does not warrant adulticiding.
Physicians and laboratories are required by Title 25 of the Texas Administrative Code
(Pt. 1, Ch. 97, Subch A, §97.3)to report cases of WNV infection or positive test results in
humans to the State and County Health Departments. Positive human WNV cases are
investigated by Health Department officials. During an investigation, the Health
Department collects demographic and clinical information from the patient and attempts
to determine date of onset, whether the infection was acquired locally or from a region
outside of the patient's residence, and whether the infection may have been acquired by a
non-mosquito route of transmission such as a blood transfusion or organ transplant. To
help aid control measures, the Health Department provides some of this information to
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municipal officials within the municipality where the patient resides. Human case
information is used by municipal officials as one of the trigger conditions for the risk
levels outlined in this plan
7.1.2 When to use adulticides: The goal of spraying is to reduce the risk of human
diseases by decreasing the number of target adult mosquitoes as much as possible.
However, today's pesticides tend to only be effective when physically contacting the
mosquito, which is most likely to happen when mosquitoes are actively flying. This
typically will mean that spraying should be conducted between dusk and dawn. Since
the target mosquito, Culex quinquefasciatus, is thought to be most active soon after dusk,
spraying should be timed to strike the best balance between impacting the target
mosquito during its most active time and minimizing impacts on non-target organisms.
It is also important to realize that weather conditions, including air temperature and wind
speed, have a large influence on the effectiveness of adulticides. Spray events should be
cancelled and rescheduled if conditions are not conducive for effective spraying.
7.1.3 Where to use adulticides: The terrain of the proposed spraying area has a major
impact on the pesticide effectiveness. If there is substantial vegetation, dense shrubbery,
trees, or hedges,pesticide applications can be rendered ineffective. The density of
houses and other physical obstructions can also influence the effectiveness of pesticides.
Applications should be made so that the maximum penetration into these types of
obstructions is achieved. In some cases, a mild breeze may be able to help distribute the
pesticide. Application strategies should consider the meteorological conditions at the
time of application, and use these conditions to help improve application effectiveness if
possible.
7.1.4 Human population density considerations: The human population density in an
area where there is evidence of intense epizootic activity should also be considered. If
the area in question is rural and does not contain many people, the cost and potential risk
associated with spraying may not justify its use. If the area in question is densely
populated, adult mosquito control may be more justified as long as adequate
precautionary measures are taken.
7.1.5 Mosquito population considerations: Information from mosquito surveillance
can be helpful in determining when to conduct mosquito control and to assess the
effectiveness of control measures. It is also important to know the numbers and species
of the vector populations in specific localities. The best way to obtain this information is
through mosquito trapping efforts. The City of Denton formed a partnership with the
University of North Texas to provide the specially trained staff needed for systematic
mosquito trapping efforts.
While trapping efforts are crucial for assessing mosquito populations and the prevalence
of disease, it is important to realize that surveillance specimens requires some processing
time after collection. In the time between the collection date and the date of test results,
circumstances may have occurred which would alter a decision to spray. For example,
weather conditions may have adversely affected mosquito populations, local mosquito
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habitats may have been altered, or larviciding efforts may have reduced the number of
newly emerged adults. All of these occurrences may result in a reduced need to spray,
and should be taken into consideration during control efforts.
Surveillance information should also be evaluated through time to determine the progress
of diseases and the relative risk of disease transmission. Surveillance information may
also be of some use in gauging the effectiveness of control measures, although
establishing control effectiveness is difficult using only surveillance information. In all
cases, the available surveillance information should be evaluated as a part of the decision
making process for enacting adulticidal activities.
7.1.6 Local perspectives on spraying: Different communities have different
perspectives on the benefits and risks associated with adulticiding activities. While these
perspectives are valid and should be considered, individuals are likely to have strong
opinions on either side of the issue. The City of Denton has incorporated a rationale
framework within the mosquito control program that is designed to be protective of both
human health and the environment. The decision to spray, however, is a complex issue
that will likely be faced without complete information. Thus, there will be citizens that
do not believe that the City of Denton has done a good job with regards to reducing
public health and environmental risks,regardless of the decision. The mosquito control
program should therefore remain flexible and should attempt to address citizen concerns
through public education and dialogue.
7.1.7 Denton's plan for mosquito adulticiding operations
Once arbovirus activity is detected and the decision is made to implement mosquito
control using adulticides, the size of the area to treat must be determined. Unfortunately,
there is no simple formula for determining how large of an area to treat, nor is there
adequate information to guide decisions about the degree of vector population
suppression that must be attained, or for how long this suppression must be maintained to
reduce the risk of disease. The CDC (2001) suggests considering the following factors
where deciding the scope of the adulticiding effort:
• the general ecology of the area;
• the flight range of vectors that are known or are believed to be of importance in
the area;
• the population density of the vectors;
• the length of time since virus-positive mosquito pools were collected;
• the potential risk to the human population(including the age demographics of the
area) as well as the community perception of the relative risk of pesticides versus
the risk of arbovirus infection; and
• the season of the year-how much time the transmission risk can be expected to
persist until the vectors enter diapause;
It is very likely that some of these factors will be unknown or poorly known, and
practical experience in conducting a mosquito control program is needed to refine control
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recommendations. If adulticiding operations are conducted, the following parameters
should be monitored:
• Weather conditions during the application (temperature, wind speed, wind
direction, etc...);
• Flow rate of Ultra-Low Volume applications; and
• Overall amount of pesticide applied.
If the application of adulticides is deemed necessary, the public must be informed. The
following actions/activities will take place prior to adulticide applications:
• Information, including a map of the proposed spray area, will be released 24
hours in advance through the media and through the city of Denton web site.
Under certain conditions in Public Park areas, applications may take place in less
than 24 hours notice. For these cases, the facility will be closed to the public
during, and a few hours after, application.
• Press releases should be prepared and shared with the appropriate media
• CodeRed, the Customer Service automated calling systems, and available forms
of social media should be used to inform citizens of spray events. CodeRed will
make an automated phone call with a message to all individuals that have signed
up for the service. The Customer Service automated calling system will make an
automated phone call with a message to all individuals within an area designed
by the spray map. For both systems, it is possible that some residents outside of
the spray area will receive one of these calls. However, these systems are the
most rapid and accurate means of notifying the public of upcoming spray events.
• If practical, street signs indicating that spraying will occur in the neighborhood
should be placed at major roadways entering and exiting the targeted area.
7.2 Plan for Public Education Concerning Mosquitoes
Public education is a key component of a successful mosquito control program. Since
the appearance of the West Nile Virus in the United States, the City of Denton has
produced and aired many public service announcements, given numerous presentations,
and provides information on the City web page concerning this disease. Depending
somewhat on Risk level, the following key information will be conveyed to the public:
• The location of WNV positive mosquito trap locations and current risk level;
• Comprehensive prevention strategies and activities used by the City of Denton to
address the threat of West Nile Virus;
• The public will be advised to eliminate standing water sites by removing all
materials that can hold water for longer than 2-3 days; and
• The public will be informed about the symptoms of West Nile Virus (headache,
high fever, muscle pain, weakness, and disorientation).
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Techniques used to disseminate information may include any or all of the following:
• Televised public service announcements using Denton's local cable channel;
• Radio announcements;
• Brochures for public use placed in municipal buildings;
• Postings describing the current risk level placed in municipal buildings;
• Brochures and/or fact sheets to be distributed to community-based organizations,
community boards, elected officials, schools, nursing homes, libraries, outdoor
activity sites, etc.;
• Presentations to elected officials and/or community groups concerning the
current risk level, mosquito population and disease status, and mosquito control
activities; and
• Press releases describing West Nile virus response activities.
7.3 City of Denton Response Plan
The purpose of this response plan is to:
1. Minimize human illness through public education and targeted vector
control.
2. Provide an assessment of virus transmission risk to humans that can be
used to plan and adjust control activities.
3. Map the density of mosquitoes and the incidence of the virus within the
City of Denton.
4. Identify areas where the incidence of disease is high and provide
appropriate warnings to the citizens of Denton.
5. Identify the key vector species that carry diseases within Denton.
The prevention of West Nile virus, as with many diseases, is most efficiently
accomplished by ensuring that prompt, accurate information reaches the public. If the
appropriate information reaches the public in a timely manner,personal protective
measures may be implemented, and control strategies can be enacted efficiently.
The City of Denton will provide continuous information on the city web page concerning
West Nile virus, including a frequently asked questions (FAQs) section, disease
symptoms,personal preventative measures, and sources of additional information. If a
sampled mosquito pool tests positive for arthropod-borne virus/diseases, information
describing the location of the sampling event, the date, and other pertinent information
will be provided.
This response plan is partially based on Texas Department of Health recommendations.
The plan is divided into 5 levels based on the risk of human disease. Each risk level is
described below, along with specific recommended responses. In accordance with the
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principals of Integrated Pest Management Control measures are recommended for each
level.
Generally, there are 4 surveillance/observational factors that are evaluated to determine
if the trigger condition has been met for a particular risk level. These factors are:
1. Environmental/climatic conditions (mainly temperature, rainfall, and season)
2. Adult Culex quinquefasciatus abundance
3. Virus infection rates in Culex quinquefasciatus and other mosquito vectors
4 Confirmed infections in humans, including epidemiological information.
7.3.1 Risk level 1 - Normal Response
Condition: Probability of human outbreak is none or remote
Trigger: Normal mosquito activity with no evidence of arthropod-borne
virus/disease detected during the past 3 years in vectors, humans, or other
hosts.
Recommended Response:
Surveillance:
Surveillance is optional. Under the normal response, mosquitoes are considered to be
only a nuisance without significant influences on public health. Complaint calls and
informal surveys of larva and adults will be used to direct mosquito control efforts.
Public Information/Education:
Publicize methods for mosquito reduction and personal protection prior to the main
season for mosquito activity and outdoor human activities.
Control Measures
Use public information to promote source reduction and personal protection. Conduct
standard larviciding approaches using Bacillus thuringiensis israelensis (Bti) .
Rationale:
Larviciding and source reduction/elimination are considered to be the most effective
long-term solutions for mosquito control. The control measures are designed to
accomplish mosquito control by preventing larval mosquitoes from becoming biting
adults.
7.3.2 Risk Level 2 -Enhanced Response
Condition: Probability of human outbreak is low
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Trigger: Normal mosquito activity with little or no evidence of arthropod-borne
virus/disease. Enhanced response level is due to recent historical presence
of arthropod-borne virus/disease in vectors, humans, or other hosts within
the vicinity of Denton (approximately 100 miles).
Recommended Response:
Surveillance:
Surveillance is optional,but strongly encouraged. If possible, conduct routine
surveillance of adult mosquito populations using light traps baited with CO2 and gravid
traps (at minimum). Collected mosquito species should be identified to species level and
mosquito pools should be screened for the presence of arboviruses. If positive tests are
obtained during arthropod-borne virus/disease screening, additional tests should be
performed to determine what type of arbovirus is present.
Public Information/Education:
Implement all steps for public information established by the Public Communication
Office for this Risk Level. Generally, this will reflect routine public information
concerning methods for mosquito reduction and the importance of personal protection
measures. This information should be disseminated at the beginning of the mosquito
season.
Control Measures
Use public information to promote source reduction and personal protection. Conduct
standard larviciding approaches using Bacillus thuringiensis israelensis (Bti).
Rationale:
Larviciding and source reduction/elimination are considered to be the most effective
long-term solutions for mosquito control. The control measures are designed to
accomplish mosquito control by preventing larval mosquitoes from becoming biting
adults.
7.3.3 Risk Level 3 -Public Health Concern
Condition: Probability of human outbreak is low to moderate
Trigger: Arthropod-borne virus/disease isolated from mosquitoes collected during
trapping activities at a single monitoring site.
Recommended Response:
Surveillance:
Continue to conduct routine surveillance of mosquito populations. If resources allow,
increase surveillance in the area where the positive sample was collected. Use
geographic information systems to plot the location of the positive sample and provide
this information to the public via the City of Denton web page.
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Public Information I Education:
Implement all steps for public information established by the Public Communication
Office for this Risk Level,which includes public notification,press releases, and City of
Denton web page updates with a map of the positive trap location. Notify medical
professionals, veterinarians, and all those registered with the City of Denton's various
public notification options of the presence of the disease.
Control Measures
Use public information to promote source reduction and personal protection. Conduct
enhanced larviciding using Bacillus thuringiensis israelensis (Bti). Increase efforts in
areas where positive mosquito pools were detected. Control measures will be
implemented based on the following IPM criteria: time of year, the extent of previous
mosquito control activities, the current level of mosquito activity, weather conditions, and
surveillance results.
Prepare for ground level spraying activities using ULV applications of pyrethriods.
Ensure adequate funding and personnel are in place for conducting ULV applications.
Rationale:
Larviciding and source reduction/elimination are considered to be the most effective
long-term solution for mosquito control. Increasing these measures in areas where
positive mosquito pools are detected offers an additional degree of risk reduction.
7.3.4 Risk Level 4 - Public Health Warning
Condition: Probability of human outbreak is moderate to high
Trigger: Multiple mosquito pools collected at different times and locations test
positive for arthropod-borne virus/diseases.
Single human case confirmed with laboratory testing
Recommended Response:
Surveillance:
Continue to conduct routine surveillance of mosquito populations. Increase surveillance
in areas where WNV positive samples have been collected if resources are available. Use
geographic information systems to plot the location of positive mosquito samples and
provide this information to the public via the City of Denton web page.
Public Information I Education:
• Implement all steps for public information established by the Public
Communication Office for this Risk Level, which includes public notification,
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press releases, and City of Denton web page updates with a map of the WNV
positive trap location(s).
• Update web page map for all subsequent WNV positive trap locations
• Notify medical professionals, veterinarians, public health officials, and all those
registered with the City of Denton's various public notification options of the
presence of the disease.
Control Measures
Use public information to promote source reduction and personal protection. Intensify
enhanced larviciding efforts using Bti in targeted areas. Consider using Spinosad
products in areas where positive mosquito pools were detected, if applicable. Control
measures will be implemented based on the following IPM criteria: time of year, the
extent of previous mosquito control activities, the current level of mosquito activity,
weather conditions, and surveillance results.
Finalize all actions needed for implementing ground level spraying activities using ULV
applications of pyrethroids
Rationale:
Larviciding and source reduction/elimination are considered to be the most effective
long-term solutions for mosquito control. Increasing these measures in areas where
positive mosquito pools are detected offers an additional degree of risk reduction.
7.3.5 Risk Level 5 -Public Health Alert
Condition: Human outbreak is confirmed
Trigger: Multiple human cases. Cases must be confirmed by laboratory testing.
Recommended Response:
Surveillance:
Continue to conduct routine surveillance of mosquito populations. If resources allow,
increase surveillance in areas were arthropod-borne virus/disease positive samples were
collected. Use geographic information systems to plot the location of WNV positive
mosquito samples, and provide this information to the public.
Public Information/Education:
• Implement all steps for public information established by the Public
Communication Office for this Risk Level, which includes public notification,
press releases, and City of Denton web page updates with a map of the WNV
positive trap location(s).
• Update web page map for all subsequent WNV positive trap locations
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• Notify medical professionals, veterinarians, public health officials, and all those
registered with the City of Denton's various public notification options of the
presence of the disease.
• Increase public education, emphasizing source reduction, personal protection, and
disease symptoms.
Control Measures:
Use public information to promote source reduction and personal protection. Intensify
larviciding efforts using Bti in targeted areas. Additional larvicides containing IGRs or
pesticides such as Spinosad may be applied at this time. Intensely treat standing water in
City Parks. If the threat to human health is considered imminent, consider targeted
adulticide applications using ground-based Ultra-Low Volume (ULV) equipment. The
decision to spray will be made by a Resolution of the City Council of Denton prior to the
first application, for each mosquito season. Based on information available at the time
of the Council decision, the Resolution may include specific requirements in addition
those outlined in this plan. ULV applications should be implemented in the vicinity
(approximately 1 mile) of areas where positive human cases were detected. When ULV
applications are initiated, notification will be provided to the public as outlined in Section
7.1.
During 2012, the City of Denton utilized Duet, a synthetic pyrethroid product with an
additional chemical designed to induce "benign agitation" of mosquitoes. The purpose
of benign agitation is to increase the likelihood of mosquitoes flying during the
application, which increases application effectiveness. The Duet product is also mineral
oil based, versus water based, which likely increases the compound's effectiveness in the
higher air temperatures typical during summer applications. Mineral oil based
compounds may also be less likely to affect non-target organisms in aquatic
environments because of the lack of solubility of the oil based compound in water.
Control measures will be implemented based on the following IPM criteria: time of year,
the extent of previous mosquito control activities, the current level of mosquito activity,
weather conditions, the species of mosquitoes that test positive for disease, the number of
local mosquito pools which test positively for disease, the likely time until a killing frost,
the density of roads or other access to mosquito breeding grounds, and the density of
human populations. Epidemiological data associated with reported human cases of
WNV will also be considered. In general, if an area has been sprayed, that area will not
be sprayed again in response to an additional human case unless the date of onset of the
new case indicates exposure occurred after the previous spraying event. Areas will also
not be sprayed in response to a reported human case if epidemiological information
clearly indicates that exposure did not occur in the City of Denton. If public health
emergencies are declared at the county or state level, the recommended responses
associated with the declaration will take precedence over the control plan of the City of
Denton.
Rationale:
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Larviciding and source reduction/elimination are considered to be the most effective
long-term solutions for mosquito control. Increasing these measures in areas where
positive mosquito pools are detected offers an additional degree of risk reduction.
However, at this Risk Level, applications of adulticides may be needed to rapidly reduce
mosquito populations and halt disease transmission. The objective is to kill a high enough
proportion of older adult mosquitoes to break the disease transmission cycle. If adult
mosquito controls are implemented, the approaches for adulticiding outlined in this plan
are effective and are designed to minimize adverse effects to the environment and non-
target organisms.
8.0 Emerging Diseases
In recent years, mosquito-borne viruses from other areas of the world have caused
outbreaks in the Western Hemisphere. In addition, mosquito-borne viruses that have
been restricted to the tropics for the last several decades are beginning to move
northwards, and could cause concerns for outbreaks in the southern portions of the United
States.
8.1 Chikungunya,Zika,Dengue and California Seropositive viruses
Chikungunya virus, for example, has become firmly established in the Caribbean; two
cases of locally-transmitted Chikungunya virus were observed in Florida in 2014 and one
in Texas in 2015. Chikungunya virus disease became a nationally notifiable condition in
2015. Cases are reported to CDC by state and local health departments.
Dengue is a serious arboviral disease of the Americas, Asia and Africa that has become
more common in south Texas and the Florida Keys in recent years.
Zika virus has been responsible for outbreaks in tropical areas throughout the world, and
was found in 2015 for the first time in the Western Hemisphere. The rapid spread of this
disease and the possibility of transmission from human to human without mosquito
vectors is particularly troubling. To date, local transmission of Zika virus in Texas has
only been documented in Brownsville. However, the City of Denton has experienced
human cases of Zika virus, and has developed a response protocol in coordination with
the Denton County Public Health Department to ensure that appropriate measures are
taken to minimize the likelihood of transmission of the virus from the infected person to
local mosquito populations. The City of Denton also documented two cases of
California Seropositive viruses (a group of viruses, some of which can cause human
disease) in mosquito samples collected in 2016. These samples were later confirmed to
be trivittatus virus. While all mammals including humans are capable of contracting
trivittatus virus from the bite of an infected mosquito,this disease is predominately found
in wildlife, and human cases are extremely rare. It is important to note that both Zika
and trivitattus virus are spread by only a few species of mosquito, and control measures
must be specifically targeted to these species. In response to these emerging concerns,
City of Denton staff continues to work with local and State public health personnel to
assess the risk of disease and coordinate responses.
8.2 Corona Virus Disease 2019 (COVID-19)
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Mosquitoes typically transmit blood borne illnesses. COVID-19 is part of the corona
virus family and other members of this family are not transmitted through mosquitoes.
COVID-19 is a respiratory virus primarily transmitted through sneezing and coughing, in
addition to touching contaminated surfaces and then touching the face. Ongoing research
is being conducted to determine if mosquitoes can infect humans with the virus.
Currently, emerging disease responses are documented within Standard Operating
Procedures (SOPS) that are reviewed with local health officials and mosquito control
experts on a regular basis. Modifications to the SOPS are possible more research is
conducted on control strategies and risk minimization measures. As more information is
collected and evaluated, it is likely that the City of Denton Mosquito Surveillance and
Response Plan will be modified in the future to add information specific to these
emerging diseases.
21
73
References:
Center for disease control (CDC). 2001. Epidemic/Epizootic West Nile Virus in the
United States: Revised Guidelines for Surveillance, Prevention, and Control.
Proceedings from a Workshop Held in Charlotte,North Carolina. January 31-
February 4, 2001. Center for disease control (CDC). 2013. West Nile Virus in the
United States: Guidelines for Surveillance, Prevention and Control.
https://www.cdc.gov/westnile/resources/Tdfs/wnvGuidelines.pdf
Reed, S.C., Cites, R.W. and E.J. Middlebrooks. 1995. Natural systems for waste
management and treatment. McGraw-Hill,New York, USA.
Rishikesh,N., Burgess, H.D., and Valdekar, M. 1983. Operational use of Bacillus
thuringiensis serotype H-14 and environmental safety. WHO/VBC/83.871,
World Health Organization, Geneva.
Tabashnik, B.E. 1990. Modeling and evaluation of resistance management tactics. In
Roush, R.T., Tabashnik, B.E. (Eds.), Pesticide Resistance in Arthropods.
Chapman and Hall,New York, USA.
Walton, W.E., Mulla, M.S., Wargo, M.J., and S.L. Durso. 1990. Efficacy of a microbial
insecticide and larvivorous fish against Culex tarsalis in duck club ponds in
southern California. Proceedings of the California Mosquito Vector Control
Association 58:148-156.
Walton, W.E. and M.S. Mulla, 1991. Integrated control of Culex tarsalis larvae using
Bacillus sphaericus and Gambusia affinis: effects on mosquitoes and non-target
organisms in field mesocosms. Bulletin of the Society for Vector Ecology 16:203-
221.
22
74
Council Requests for Information
Council Member Requestor Date Summary of Request Staff Assigned Department Comments
Council Member Briggs 02/03/20 Would like to request council discuss a citywide public health study. Balthrop Mendoza City Manager's Office Request will be presented during a future Pending
http://www.austintexas.gov/sites/defaulVfiles/files/Health/info_to_PosVHe Request work session
501TReport-linKed.pdT Like this
2 Council Member Briggs 05/11/20 Can I request a speed study on Redstone Rd? Jahn Capital Projects Information will be provided in the May 22 Friday Report
Council Member Armintor 05/12/20 1 would like a staff report on Pay as You Go as an alternative for small Gaines Finance Information will be provided in the May 22 Friday Report
3 businesses to recover during the phase-in of utility shutoffs,late fees,
and debt collection.
4 Council Member Briggs 05/14/20 Can staff look into business owner's email about gaming machines at Dixon Police Department Information will be provided in the May 22 Friday Report
local convenience stores?
5 Council Member Meltzer 05/14/20 Can staff look into business owner's email about gaming machines at Dixon Police Department Information will be provided in the May 22 Friday Report
local convenience stores?
6 Council Member Briggs 05/17/20 Who is responsible for cleaning up debris left from accidents? Hedges Fire Department Information will be provided in the May 22 Friday Report
7 Council Member Briggs 05/17/20 Can staff look at a light to brighten the traffic circle on Hinkle Estes Capital Projects Information will be provided in a future Friday Report
8 Council Member Briggs 05/18/20 Will the City replace the grass that was torn out to repair a sidewalk? Estes Capital Projects Information will be provided in the May 22 Friday Report
Should they be using rebar in the construction?
Council Member Armintor 05/18/20 What can be done to prevent or discourage door-to-door soliciting and Dixon Police Information will be provided in the May 22 Friday Report
9 campaigning under the COVID state of emergency beyond individual
households or businesses putting up no-soliciting signs?
10 Council Member Armintor 05/19/20 Can staff look into business owner's email about gaming machines at Dixon Police Department Information will be provided in the May 22 Friday Report
local convenience stores?
11 Mayor Pro Tern Hudspeth 05/19/20 Can staff look into business owner's email about gaming machines at Dixon Police Department Information will be provided in the May 22 Friday Report
local convenience stores?
Council Member Armintor 05/21/20 Can we have a brief staff report explaining what changes staff has Banks Utilities Administration Information will be provided in the May 22 Friday Report
12 decided to implement in response to the discovery of ash borer vis a vis
the processing,use,or dissemination of dino dirt?
Council Member Armintor 05/21/20 If staff will be getting dino dirt tested,now would seem to me to be a Banks Utilities Administration Information will be provided in a future Friday Report
good time to get it tested for various other kinds of contaminants,
13 chemicals,pesticides,and toxins that can be in human waste and green
waste as well.Is that something staff will be doing anyway,or do I have
to make a special request to Council for that?
14 Council Member Briggs 05/22/20 Can staff assess the surface of Hercules?It is in rough shape. Estes Capital Projects Information will be provided in a future Friday Report
75
May 2020
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2
3 4 5 6 7 8 9
Cance Ile d-11:30 am 2:00 pm CC Work Cancelled-2:30pm Cancelled-8:30DEDC
C o unc il Lu n c h e o n Session Cancelled-4:00 Public Art
Cancelled-COE 1:30 Agenda Committee
6:30 pm CC Regular 5:30pmP&Z Work Session Committee
Cancelled-Traffic Safety Session 6:30pm P&Z Regular Ses s ion
Commission 5:30 pm
10 11 12 13 14 15 16
PUB 9am—virtual 8:00 am CC Closed Cancelled-11:00EDPB HOT Committee
1:00 pm CC Work
Cancelled-HLC 5:30pm Session 1 pm
Cancelled-Mobility
Committee Meeting
9:00 am
17 18 19 20 21 22 23
Cancelled - PUB 1:00 pm CC Closed Cancelled - 2:30pm Cancelled-6:00pm
9am 2:00 pm CC Work Agenda Committee Committee on Persons
Cancelled -ZBA Session 5:30pmP&ZWorkSession With Disabilities
6:30 pm CC Regular 6:30pm P&Z Regular Session Cancelled-HABSCO
5:30pm Session
4pm
24 25 26 27 28 29 30
Memorial Day Cancelled -l0am Cancelled -12:00 TIF Board 1:00 pm SpecialCalled
Holiday Council Airport (�Z) CC Meeting
Y Committee Cancelled -2:30pm
Agenda Committee
No Council Meeting
31
76
June 2020
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6
11:30 am Council 2:00 pm CC Work 2:30pm Agenda 8:30DEDC
Luncheon Session Committee 4:00 Public Art Committee
6:30 pm CC Regular 5:00pmP&ZWorkSession
COE 1:30 Session 6:30pm P&Z Regular Ses s ion
Traffic Safety
Commission 5:30 pm
7 8 9 10 11 12 13
PUB 9am 2:00 pm 2nd Tuesday 11:00EDPB HOT&S Committee
Session 2:30pm Agenda 10-12
Mobility Committee Committee
Meeting 9:00 am 5:30 Airport Advisory Board
14 15 16 17 18 19 20
2:00 pm CC Work 5:00pmP&ZWorkSession HOT&S 9:00 TBD
Session 6:30pm P&Z Regular Session 6:00pmCommitteeon
6:30 pm CC Regular Persons with Dis abilities
Session HABSCO 4pm
21 22 23 24 I25 26 27
PUB 9am loam Council Airport HOT&S 9:00 TBD
Committee 5:30PM Board of
2:00 pm 4th Tuesday Ethics
Session
28 29 30
ZBA 5:30pm No Council Meeting
77
July 2020
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4
8:30DEDC 411 of July
4:00 Public Art Committee
Holiday
5 6 7 8 9 10 11
I No Luncheon Meeting No Council Meeting 11:00EDPB
COE 1:30 2:30pm Agenda
Committee
Traffic Safety 5:00pm P&Z Work Session
Commission 5:30 pm 5:30 Airport Advisory Board
6:30pm P&Z Regular Session
12 13 14 15 16 117 18
PUB 9am No CouncilMeeting 2:30pm Agenda HOT & S 9-11
Mobility Committee Committee 6:00pm Committee on
Meeting 9:00 am Persons With Disabilities
HABSCO 4pm
19 20 I21 22 23 24 25
2:00pm CC Work 12:00 TIF Board(TIRZ)
Session 2:30pm Agenda
6:30 pm CC Regular Committee
Se ssio n 5:00pm P&Z Work Session
6:30pm P&Z Regular Ses s ion
26 27 28 29 30 31
PUB 9am loam CouncilAirpon 2:30pm Agenda 5:30PM Board of
ZBA 5:30pm Committee Committee Ethics
2:00 pm 4th Tuesday
Session
78
Cityof Denton City Hall
215 E. McKinney St.
Denton,Texas 76201
www.cityofdenton.com
DENTON Meeting Agenda
City Council
Friday, May 29, 2020 1:00 PM Council Work Session Room
SPECIAL CALLED MEETING
WORK SESSION BEGINS AT 1:00 P.M.IN THE COUNCIL WORK SESSION ROOM
CITY COUNCIL CONSIDERATION OF THE ITEM FOR INDIVIDUAL CONSIDERATION
WILL BEGIN IMMEDIATELY FOLLOWING THE WORK SESSION IN THE WORK SESSION
ROOM
Note: Mayor Chris Watts, Mayor Pro Tern Gerard Hudspeth, and Council Members Keely Briggs, Jesse
Davis, John Ryan, Deb Armintor and Paul Meltzer will be participating in the work session and special called
meeting via video/teleconference.
REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL
Due to COVID-19 precautions, members of the public will not be able to attend the May 29, Special
Called City Council meeting in-person. To accommodate and receive input on agenda items, citizens will
be able to participate in one of the following ways (NOTE: Other than public hearings, citizens are only
able to comment one time per agenda item; citizens cannot use both methods to comment on a single
agenda item. Public comments are not held for work session reports.):
• Virtual White Card — On May 26, 2020, the agenda was posted online at
www.cityofdenton.com/publicmeetings. Once the agenda is posted, a link to the Virtual White Card, an
online form, will be made available under the main heading on the webpage. Within this form, citizens may
indicate support or opposition and submit a brief comment about a specific agenda item. Comments may
be submitted up until the start of the meeting, at which time, the Virtual White Card form will be closed.
Similar to when a citizen submits a white card to indicate their position on the item, these comment forms
will be sent directly to City Council members and recorded by the City Secretary.
City Council Members review comments received in advance of the meeting and take that public input into
consideration prior to voting on an agenda item. The Mayor will announce the number of Comment Cards
submitted in support or opposition to an item during the public comment period. Comments will not be
read during the meeting. The City Secretary will reflect the number of comments submitted in
favor/opposition to an item, the registrant's name, address, and (summary of) comments within the Minutes
of the Meeting,as applicable.
OR
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City Council Meeting Agenda May 29, 2020
• By phone — Citizens wishing to speak over the phone during this Council meeting, may call (940)
349-7800 beginning 30 minutes prior to the meeting start time. Comments by phone will be accepted until
the item is opened for discussion by the Council. When the call is initially received, a staff member will
receive the caller's information and either: 1) offer to call the citizen back when it is time for them to speak,
or 2) record the caller's information, support or opposition, and comment. If the caller chooses to record
their support or opposition, rather than speaking during the meeting, the Mayor will announce the number
of comments submitted in support or opposition to the item. If the caller wishes to receive a call back, the
voice of each caller will be broadcast into the meeting during the public commenting time of their desired
agenda item. Individuals will be able to comment once per agenda item,no matter the method.
• At regular meetings only, citizens can speak on any topic that is not on the agenda (Open Microphone).
Alert the call taker if you wish to speak under the Open Microphone category. If you would like to give a
public report, see the information below.
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a
Work Session on Friday, May 29, 2020, at 1:00 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. Work Session Reports
A. ID 20-981 Receive a report, hold a discussion, and give staff direction regarding an update to the
City of Denton's COVID-19 response.
B. ID 20-1012 Receive a report, hold a discussion, and give staff direction concerning COVID-19
expenditures and funding opportunities.
NOTE: 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.
NOTE: Any item for which a formal action at the Special Called Meeting has been taken by Council
may be subject to a request for a motion for reconsideration at any time during the meeting, at the
Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings
Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting
will be placed on the agenda and considered at the next official meeting of the City Council.
Following completion of the Work Session, the City Council will convene in a Special Called Meeting to
consider the following item:
1. ITEM FOR INDIVIDUAL CONSIDERATION
A. ID 20-980 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, extending the effective period of the Declared State of Local Disaster;
superseding and replacing the Fourth Order of Council of the City of Denton issued May
5, 2020 approved by Ordinance 20-923; confirming and authorizing the expenditure of
funds;providing a repealer clause; and providing an effective date.
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 26th day of May,2020 at
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City Council Meeting Agenda May 29, 2020
CITY SECRETARY
NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE
ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY
WILL PROVIDE ACCOMMODATION, SUCH AS SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED, IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE
SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 940-349-8309 OR
USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX
SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED.
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Cityof Denton City Hall
215 E. McKinney St.
Denton,Texas 76201
www.cityofdenton.com
DENTON Meeting Agenda
City Council
Tuesday,June 2,2020 1:00 PM Council Work Session Room
WORK SESSION BEGINS AT 1:00 P.M.IN THE COUNCIL WORK SESSION ROOM
REGULAR MEETING BEGINS AT 6:30 P.M.IN THE COUNCIL WORK SESSION ROOM
Note: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth, and Council Members Keely Briggs, Jesse
Davis, John Ryan, Deb Armintor and Paul Meltzer will be participating in the work session, closed, meeting
and regular meeting via video/teleconference.
REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL
Due to COVID-19 precautions, members of the public will not be able to attend the June 2, 2020 City
Council meeting in-person. To accommodate and receive input on agenda items, citizens will be able to
participate in one of the following ways (NOTE: Other than public hearings, citizens are only able to
comment one time per agenda item; citizens cannot use both methods to comment on a single agenda item.
Public comments are not held for work session reports.):
• Virtual White Card — On May 29, the agenda was posted online at
www.cityofdenton.com/publicmeetings. Once the agenda is posted, a link to the Virtual White Card, an
online form, will be made available under the main heading on the webpage. Within this form, citizens may
indicate support or opposition and submit a brief comment about a specific agenda item. Comments may
be submitted up until the start of the meeting, at which time, the Virtual White Card form will be closed.
Similar to when a citizen submits a white card to indicate their position on the item, these comment forms
will be sent directly to City Council members and recorded by the City Secretary.
City Council Members review comments received in advance of the meeting and take that public input into
consideration prior to voting on an agenda item. The Mayor will announce the number of Comment Cards
submitted in support or opposition to an item during the public comment period. Comments will not be
read during the meeting. The City Secretary will reflect the number of comments submitted in
favor/opposition to an item, the registrant's name, address, and (summary of) comments within the Minutes
of the Meeting, as applicable.
OR
• By phone — Citizens wishing to speak over the phone during this Council meeting, may call (940)
349-7800 beginning 30 minutes prior to the meeting start time. Comments by phone will be accepted until
the item is opened for discussion by the Council. When the call is initially received, a staff member will
receive the caller's information and either: 1) offer to call the citizen back when it is time for them to speak,
or 2) record the caller's information, support or opposition, and comment. If the caller chooses to record
their support or opposition, rather than speaking during the meeting, the Mayor will announce the number
of comments submitted in support or opposition to the item. If the caller wishes to receive a call back, the
voice of each caller will be broadcast into the meeting during the public commenting time of their desired
agenda item. Individuals will be able to comment once per agenda item,no matter the method.
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City Council Meeting Agenda June 2,2020
• At regular meetings only, citizens can speak on any topic that is not on the agenda (Open Microphone).
Alert the call taker if you wish to speak under the Open Microphone category. If you would like to give a
public report, see the information below.
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a
Work Session on Tuesday, 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 any item listed on the Consent Agenda prior to its
consideration. Each speaker will be given a total of three (3) minutes to address any item(s). Any person
who wishes to address the City Council regarding these items may do so by utilizing the "By Phone"
registration process as referenced under the REGISTRATION GUIDELINES FOR ADDRESSING THE
CITY COUNCIL detailed at the beginning of this agenda. Registration is required prior to the time the City
Council considers this item. Registrants may call in and remain on hold or receive a call back at the time the
Work Session is called to Order and are encouraged to ensure they remain accessible to accept the call.
2. Requests for clarification of agenda items listed on this agenda.
3. Work Session Reports
A. ID 20-943 Receive a report, hold a discussion, and give staff direction regarding an update to the
City of Denton's COVID-19 response.
B. ID 20-989 Receive a report, hold a discussion, and give staff direction regarding City of Denton
appointees to District Boards for the Hunter Ranch and Cole Ranch municipal
management districts.
C. ID 20-963 Receive a report, hold a discussion, and give staff direction regarding an internal audit of
Facilities Maintenance.
D. ID 20-990 Receive a report, hold a discussion, and give staff direction regarding funding
recommendations from the Community Development Advisory Committee (CDAC) and
the Human Services Advisory Committee (HSAC) for the proposed activities to be
included in the 2020-2022 Consolidate Plan for Housing and Community Development
and 2020 Action Plan.
E. ID 20-992 Receive a report, hold a discussion, and give staff direction regarding a request for a
resolution of support from a developer applying for 4% housing tax credit with the Texas
Department of Housing and Community Affairs.
F. ID 20-245 Receive a report, hold a discussion, and give staff direction regarding the 2020 Denton
Mobility Plan Update,with a focus on the one-way vs two-way traffic analysis.
G. ID 20-732 Receive a report, hold a discussion, and give staff direction regarding DME's proposed
Electric Vehicle Charging Infrastructure Strategy.
H. ID 20-671 Receive a report, hold a discussion, and give staff direction on pending City Council
requests for information.
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City Council Meeting Agenda June 2,2020
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.
1. Closed Meeting:
-- PLACEHOLDER IN THE EVENT A CLOSED MEETING IS NEEDED; OTHERWISE, WILL BE
DELETED. —
Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open
Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final
decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the
Texas Government Code (the `Public Power Exception'). The City Council reserves the right to adjourn into a
Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq.
(The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of
the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings
Act,including,without limitation Sections 551.071-551.086 of the Texas Open Meetings Act.
NOTE: Any item for which a formal action at the Regular Meeting has been taken by Council may
be subject to a request for a motion for reconsideration at any time during the meeting, at the
Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings
Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting
will be placed on the agenda and considered at the next official meeting of the City Council.
REGULAR MEETING OF THE CITY OF DENTON CITY COUNCIL AT 6:30 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:
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
3. PRESENTATION FROM MEMBERS OF THE PUBLIC
A. Review of procedures for addressing the City Council.
B. Reports from members of the public shall be received through the following two (2) methods. A total
of up to seven (7) speakers are permitted to provide public comment and may include any combination of
prior registration and open microphone speakers.
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City Council Meeting Agenda June 2,2020
1) Pre-registration. This section of the agenda permits any person who has registered in advance to
make a citizen report regarding a public business item he or she wishes to be considered by the City
Council. Each speaker is allowed a maximum of four (4) minutes to present their report. At the conclusion
of each report, the City Council may pose questions to the speaker or may engage in discussion. If the
City Council believes that a speaker's report requires a more detailed review, the City Council will give the
City Manager or City Staff direction to place the item on a future work session or regular meeting agenda
and advise staff as to the background materials to be desired at such meeting.
2) Open Microphone. This section of the agenda permits any person who has not registered in
advance for a citizen report to make comments about public business items not listed on the agenda. Such
person(s) shall have registered using the "Virtual White Card" or `By Phone" process outlined by the City
on its website or meeting notice.
During open microphone reports under this section of the agenda, the Council may listen to citizens speak.
However, because notice of the subject of the open microphone report has not been provided to the public
in advance, the Texas Open Meetings Act limits any deliberation or decision by the Council to: a proposal
to place the item on a future agenda; a statement of factual 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 20-789 Consider adoption of an ordinance authorizing the City Manager to a not to exceed
amount of $150,000 for the purchase of natural gas transportation services to the Solid
Waste Department's CNG Fueling Station over the next three (3) years, with the option
of two (2) one year extensions; in accordance with Texas Local Government Code
252.022, which provides an exemption from competitive bidding for this purchase; and
providing an effective date.
B. ID 20-885 Consider approval of the minutes of May 12 and May 19,2020.
C. ID 20-975 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager to execute a contract with Questcare Medical
Services, PLLC, for the performance of medical direction services for the Denton Fire
Department; providing for the expenditure of funds therefor; and providing an effective
date (RFQ 7183 - awarded to Questcare Medical Services, PLLC, for three (3) years,
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City Council Meeting Agenda June 2, 2020
with the option for two (2) additional one (1) year extensions, in the total five (5) year
not-to-exceed amount of$400,000).
D. ID 20-976 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 design-build agreement
between the City of Denton and Thos. S. Byrne, Inc., amending the contract approved by
City Council on March 3, 2020, in the not-to-exceed amount of $206,150; said first
amendment to provide additional design, engineering, and renovation of the development
services building, located at 401 North Elm Street; providing for the expenditure of funds
therefor; and providing an effective date (RFQ 7228 - providing for an additional first
amendment expenditure amount not-to-exceed $ with the total contract
amount not-to-exceed$ ).
E. ID 20-977 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager to execute a contract with Connect Technology
Group, LLC (CTG) for structured data cabling services for construction/renovation
projects within existing facilities, and projected new construction for voice and data
communications supporting daily operations; providing for the expenditure of funds
therefor; and providing an effective date (RFP 7260- awarded to Connect Technology
Group, LLC (CTG) in the one (1) year, with the option for four (4) additional one (1)
year extensions,in the total five(5)year not-to-exceed amount of$983,850).
F. ID 20-978 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager to execute a contract with Techline, Inc., for
the supply of electric utility fault circuit indicators for Denton Municipal Electric, to be
stocked in the Distribution Center; providing for the expenditure of funds therefor: and
providing an effective date (IFB 7314- awarded to Techline, Inc., in the five (5) year
not-to-exceed amount of$460,000).
G. ID 20-979 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager to execute a contract with Federal Resources
Supply Company, for the purchase of bomb suits for the Fire Department: providing for
the expenditure of funds therefor; and providing an effective date (IFB 7352 - awarded to
Federal Resources Supply Company, in the not-to-exceed amount of$106,308).
H. ID 20-1019 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager to make application to the Texas Department of Housing and Community
Affairs Emergency Solutions Grant Program in regard to the Coronavirus Aid, Relief, and
Economic Security Act (CARES Act), Public Law 116-136; with appropriate
certifications, and take all other actions necessary to obtain funding and implement the
program; and providing for an effective date.
5. ITEMS FOR INDIVIDUAL CONSIDERATION—CONSIDERATION OF THE USE OF
EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS
A. ID 20-065 Consider adoption of an ordinance of the City of Denton determining the public use and
necessity for the acquisition of various (i) fee tracts, (ii) permanent drainage easements,
and (iii) temporary construction easements located along East McKinney Street, East and
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City Council Meeting Agenda June 2,2020
West of its intersection with Loop 288, and being situated in the M.E.P. and P.R.R.
Company Survey, Abstract No. 927, and the Moreau Forrest Survey, Abstract Number
417, all in the County of Denton, Texas, and being more particularly described in the
attached Exhibit "A" (the "Property Interests"); authorizing the City Manager and City
Attorney, or their respective designees, to acquire the Property Interests by agreement if
possible, including making all offers required by law; authorizing the use of the Power of
Eminent Domain to condemn the property interests if an agreement cannot be reached;
authorizing the City Attorney, or his designee, to file eminent domain proceedings if
necessary; authorizing the expenditure of funding; making findings; providing a savings
clause; and providing an effective date.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 20-916 Consider adoption of an ordinance directing the publication of Notice of Intention to issue
$27,250,000 in principal amount of Certificates of Obligation of the City of Denton for
General Government projects; and providing for an effective date.
B. ID 20-917 Consider adoption of an ordinance directing the publication of Notice of Intention to issue
$37,040,000 in principal amount of Certificates of Obligation of the City of Denton for
Electric, and Wastewater System projects; and providing for an effective date.
C. ID 20-1010 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to
execute the third amendment to the Airport Lease Agreement between the City and
Nebrig Properties, L.P. relating to leased premises at the Denton Enterprise Airport; and
providing for an effective date.
D. ID 20-1011 Consider adoption of an ordinance of the City of Denton approving a Consent to
Sublease between Nebrig & Associates, Inc. and US Trinity Aviation, LLC, for lease of a
fuel facility and equipment at the Denton Enterprise Airport; and providing an effective
date.
7. PUBLIC HEARINGS
A. PD20-0001a Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, regarding an initial zoning of Planned Development (PD) District on approximately
131.94 acres and for a change from Residential 6(R-6) to a PD District on
approximately 14.19 acres, for a total of approximately 146.14 acres of land generally
located south of Allred Road and west of South Bonnie Brae Street and Fort Worth
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 a severability clause and an effective date. (PD20-0001a,
Sagebrook, Hayley Zagurski). STAFF IS REQUESTING THAT THIS ITEM BE
POSTPONED TO A DATE CERTAIN OF JUNE 16,2020.
8. CONCLUDING ITEMS
Page 6 Printed on 512212020
87
City Council Meeting Agenda June 2,2020
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 29th day of May,2020 at
CITY SECRETARY
NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE
ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY
WILL PROVIDE ACCOMMODATION, SUCH AS SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED, IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE
SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 940-349-8309 OR
USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX
SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED.
Page 7 Printed on 512212020
88
FUTURE WORK SESSION ITEMS MATRIX
As of May 22,2020
Meeting Date Currently Slated Work Session Items
26-May No meeting;Day after Memoral Day Holiday
Special
@ 1 p.m. COVID-19 Update
5/29/2020 20-942 CARES Act
June 1 Lunch No meeting
EV Charger Upgrade
20-732 CDAC/HSAC Recom.
District Boards- 2020-2022 Consolidated
2020 Mobility Plan Audit-Facilities Hunter/Cole Ranch Plan and 2020 Action 4%Housing Tax Review of Council
COVID-19 Update Update' Management MMDs Plan Credit/TDHCA Requests
2-Jun 20-943 20-245 20-963 20-989 20-990 20-992 20-671
Denton Development Review of Council
COVID-19 Update Code Amendments CIP Update Requests
9-Jun 20-944 20-1024 20-888 20-672
Review of Council
COVID-19 Update Green Tree Estates Urban Forest Master Plan Sustainable Denton Plan Requests
16-Jun 20-945 20-965 20-426 20-521 20-673
FYs 19-20 and 20-21 Review of Council
COVID-19 Update Budget Updates Eagle Substation Solar Rebate Program Water Loss Audit Requests
23-Jun 20-946 20-806 (+Closed meeting) 20-996 20-1009 20-674
Special-
Budget Workshop
@ 1 p.m.
6/30/2020 Budget Updates
Accessory Dwelling
Units,and Screening Construction Code Group Home Code Library Master Plan NOTE: No Meetings July
C
DCA19-0011 Review(TBD) Delegated Authority Amendment 20-526 6,7,and 14
C
M
a 0
m Review of Council
Municipal Broadband Right of Way Ordinance Requests July 21
O 20-556 Plugged Gas Wells Public Art Follow-up Stormwater Master Plan 20-847
.� f6
N Q
GJ
N Review of Council
Y TIF Grants for Urban Forest Master Plan Requests July 28
L Accessibility 20-426 20-848
O
Work Session Requests Community Public Art Veteran Source of
Determined by Council and Community Tree Ethics Ordinance Small Cell Lawsuit Income Housing
Date TBD Grants Revision Participation Tree Ordinance Review Discrimination Ordinance
89
Street Closure Report IMPROVING
-Im �r
of Upcoming Closures r *)F-N
DENTON Week of May 25, 2020 - May 31, 2020
Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department
Start Date End Date Info/Notes Meeting Communication Contact
Curb and Concrete Repair. The
Broken Arrow Dunes Burning Tree 06/01/20 06/26/20 Process starts with Barricading Streets N/A (940) 349-7146
the failed sections of, Curb
remove and install back.
Water Distribution will be
Cherrywood Ln Woodland St Roberts St 06/15/20 07/29/20 installing anew water main and Water N/A (940) 349-7278
water services.
Concrete Sidewalk Repair. The
Broken process starts with Barricading
Dunes Arrow Windsor 06/01/20 06/26/20 the failed sections of concrete Streets N/A (940) 349-7146
Sidewalk, remove, and install
new concrete
Installing Valley Gutter across
Greenwood at the intersection
of Kayewood. The process
Greenwood Kaywood Crestwood 06/08/20 06/19/20 starts with barricading then Streets N/A (940) 349-7146
remove pavement and
subgrade and install new
concrete Valley Gutter.
Concrete Sidewalk Repair. The
process starts with Barricading
Hickory Exposition Bradshaw 06/01/20 06/26/20 the failed sections of concrete Streets N/A (940) 349-7146
Sidewalk, remove, and install
new concrete
135E northbound service 500 ft west Wastewater Improvements
road located of Bonnie TBD TBD (Temporary Lane Closures) Wastewater (940) 349-8909
Brae
Concrete Street Panel and
Sidewalk Repair. The process
N. Carroll W.Oak McKinney 06/01/20 08/28/20 starts with Barricading the failed Streets N/A (940) 349-7146
St. sections of concrete pavement,
remove the pavement, and
install new concrete.
Robson East Side of 35W TBD TBD Wastewater Main Install Wastewater (940) 349-8909
RR (Temporary Lane Closure)
Rockwood Ln. Royal Mistywood TBD TBD bundle Engineering this will be part of bundle Door Hangers
Drainage and Roadway
Roselawn Dr. Bonnie Brae Kansas City TBD TBD Construction Engineering Part of Bonnie Brae Ph. 1 (940) 349-8910
Southern RR Bonnie Brae Phase 1 Capital Project
(One Lane traffic control)
Upcoming Closures
90
Closure Closure Upcoming Public Other Department
Street/Intersection From To Start Date End Date Description Department Info/Notes Meeting Communication Contact
Royal Ln. Royal Rockwood TBD TBD bundle Engineering this will be part of bundle
Thomas St. Panhandle Oak TBD TBD Streets Construction Capital Projects Part of 2019 Street (940) 349-7104
Bundle
Concrete Sidewalk Repair. The
process starts with Barricading
the failed sections of concrete
Vista Verde Montecito Intersection 06/01/20 06/26/20 Sidewalk, remove, and install Streets N/A (940) 349-7146
new concrete
Also installing Valley Gutters
across Vista Verde at the
intersections
Windsor E. Sherman Nottingham 06/15/20 08/01/20 This closure is to install Engineering NextDoor (940) 349-7426
underground utilities in this area
Cherrywood Water Distribution will be
Woodland St Frame St Ln 06/15/20 07/29/20 installing anew water main and Water N/A (940) 349-7278
water services.
Total 13
Upcoming Closures
91
Street Closure Report IMPROVING
Current Closures
OF
DENTON Week of May 25, 2020 - May 31, 2020
Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department
Start Date End Date Info/Notes Meeting Communication Contact
Concrete Sidewalk Repair. The
process starts with Barricading
Broken Arrow Dunes Old Orchard 05/11/20 06/12/20 the failed sections of concrete Streets N/A (940) 349-7146
sidewalk, remove , and install
new concrete.
Wastewater collections will be
Brown Dr Roberts St Woodland St 02/10/20 07/10/20 installing a new wastewater Wastewater N/A (940) 349-8909
main line and services
Concrete Sidewalk Repair. The
Hickory process starts with Barricading
Chaucer Hemingway Creek 05/11/20 06/12/20 the failed sections of concrete Streets N/A (940) 349-7146
Sidewalk, remove, and install
new concrete
Northwood Wastewater collections will be
Cherrywood Ln Woodland St Tr 02/10/20 07/10/20 installing a new wastewater Wastewater N/A (940) 349-8909
main line and services
3201 Private Development: Drainage, Public Works
Colorado Blvd Brinker Rd Colorado 02/17/20 06/12/20 Water, Sanitary Sewer, and Inspections, NextDoor, Direct (940)205-9230
Blvd Pavement for Fire Station #8 Private business contact
Development
450 Feet This project will be removing the The project sent out a
Colorado Blvd Loop 288 north of 05/18/20 06/26/20 left turn lane on the northbound Floyd Smith mailout and door (940) 349-7104
Loop 288 side of Colorado Blvd into the Concrete hangers when the first
Mall. phase started in April.
Elm Hickory Prairie 05/11/20 06/19/20 PEC 4 Utility Project Engineering Direct business contact (940) 349-8938
City of Watch TXDOT message
FM 2181 Denton/Cori Lillian Miller 11/18/19 TBD Street Widening TxDOT boards for local street (940) 349-8425
nth City
limits closure updates.
Ana Site Construction: Public Works
FM 2499 Pine Hills Hickory 03/27/20 06/01/20 Inspections, NextDoor (940)205-9230
Creek Rd Private
Water and Sewer Bore FM2499 Development
Wastewater main replacement.
Projects extents, Emerson from
Emerson Circle to Foxcroft.
Emerson Circle from Emerson
Foxcroft Cir Emerson Ln Emerson Ln 01/30/20 07/17/20 to End Wastewater N/A (940) 349-8909
Foxcroft from Emerson to
Northcrest
Foxcroft from Old North to
Emerson
Current Closures
92
Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department
Start Date End Date Info/Notes Meeting Communication Contact
Water Distribution will be
Foxcroft Cir Emerson Ln Emerson Ln 03/09/20 09/17/20 replacing the water main and Water N/A (940) 349-7278
water services.
Ft. Worth Dr. (US 377) IH 35E Mission St 10/17/19 11/27/20 Infrastructure Safety Upgrades TxDOT (940) 349-8938
(temporary closures)
0.26 mi Street Widening
Ft. Worth Dr. (US 377) IH 35E south of FM 12/03/18 12/12/20 (Temporary Lane Closures TxDOT 10/08/19 (940) 387-1414
1830 during non-peak traffic)
Intersection back of Intermittent closures of this NextDoor, Email
Hidden Meadows Trail with Vintage Vintage blvd 03/16/20 05/29/20 intersection for construction Engineering (940) 349-8938
Blvd right of way activities Notification
Tennyson Water Distribution will be
Hollyhill Ln Longridge Dr Trl 03/06/20 06/12/20 replacing the water main and Water N/A (940) 349-7278
water services.
Construction is continuing thru
COVID-19. Please respect
workers efforts in the field and
always maintain social
distancing.
5/12/20 Update - Partial
Opening Goal: John Paine from
Johnson north to Allred/John
Paine near IH 35W may be
ready to re-open End of May.
John Paine Road from Johnson
Road south will remain closed
but is still scheduled to re-open
John Paine July 31.
Southwest Rd at John 4/8/20 John Pain Closure to be
John Paine Road Pump Paine 01/06/20 07/31/20 set up this week due to Water NextDoor (940) 349-8925
Station Rd/Allred construction phasing progress.
near IH 35W 4/1/20 John Paine closure to set
up on 04/13/2020 thru 4/17/20.
3/25/20 John Paine closure to
set up on 04/13/2020. Notices
will be released the week before
closure. John Paine Road will
be closed as needed. Project
includes installation of water
main along Old John Paine and
Allred Road between the
Southwest Pump Station on
John Paine Road near
Parkplace Dr. on and South
Bonnie Brae St.
Current Closures
93
Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department
Start Date End Date Info/Notes Meeting Communication Contact
5/20/20 Update - Project is still
on schedule to re-open Johnson
Road on May 31, 2020, Ideally
sooner if weather/work permits.
3/25/20 Construction is
continuing thru COVID-19.
Please respect workers efforts
John Paine Just west of in the field and always maintain
Johnson Lane Road first 01/06/20 05/31/20 social distancing. Water NextDoor (940) 349-8925
driveway
Road closure is for the
installation of new water main
along Old John Paine Rd. and
Allred Rd. between the
Southwest Pump Station on
John Paine Rd. near Parkplace
Dr. and South Bonnie Brae St.
Install new storm drain from the
Johnson St. Smith St. Daugherty 05/18/20 07/02/20 intersection of Smith and Drainage NextDoor (940) 349-7197
St. Johnson to the intersection of
Johnson and Daugherty.
Kerley Street Duncan Shady Oaks 02/05/20 07/31/20 Street Reconstruction Streets (940) 349-7146
Street Drive
Storm drain improvements as
part of Pec-4 Ph 1&2
Locust St. Warren Ct. Maple 03/09/20 07/31/20 Project. West side lane closure Engineering Direct business contact (940) 349-8938
until May 12th Changing to
Eastside lane closure until May
29th.
5/14/20 - Contractor
Locust St. Oak McKinney 04/13/20 05/30/20 Sidewalk Improvements Engineering delayed due to weather (940) 349-8910
and COVID related work
slowdowns.
Concrete Sidewalk Repair. The
process starts with Barricading
Mantan Calvert La Fonda 05/11/20 06/12/20 the failed sections of concrete Streets N/A (940) 349-7176
Sidewalk, remove , and install
new concrete
We will be reconstructing Direct business contact,
Masch Branch U S 380 Jim Crystal 02/17/20 07/17/20 Masch Branch from 380 to Jim Streets Door hangers (940) 349-7146
Crystal.
Intersection back of Intermittent closures of this
Email
Mockernut Rd. with Vintage Vintage 03/16/20 05/29/20 intersection for construction Engineering NextDoor, (940) 349-8938
Blvd. Blvd. right of activities. Notification
way
Concrete Street Panel and
Sidewalk Repair. The process
Moss Creek Ft. Worth Dr. Bent Creek 05/11/20 06/12/20 starts with Barricading the failed Streets N/A (940) 349-7146
sections of concrete pavement,
remove the pavement, and
install new concrete.
Current Closures
94
Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department
Start Date End Date Info/Notes Meeting Communication Contact
Public Works
N. Bell Ave Texas College 02/28/20 05/31/20 Building out west side of Inspections, NextDoor (940) 205-9230
building Private
Development
Water Distribution will be
Old North Rd Chebi Ln Emerson Ln 05/18/20 06/04/20 replacing the water main and Water N/A (940) 349-7125
water services on Foxcroft.
Curb and Gutter Repair. The
process starts with Barricading
the failed sections of, Curb and
Pembrooke Chasewood Long Ridge 04/20/20 05/29/20 Gutter remove and install Streets N/A (940) 349-7146
Curbs.
Also Mill and Overlay section of
Street that was impacted with
the curb repair.
Storm drain improvements, as
Prairie St. Locust St. Elm St. 03/23/20 06/26/20 Part of Pec-4 Ph 1&2 Engineering Direct business contact (940) 349-8938
Project. Street closed to thru
traffic.
Cherrywood Wastewater collections will be
Roberts St Bell Ave Ln 02/10/20 07/10/20 installing a new wastewater Wastewater N/A (940) 349-8909
main line and services.
Roselawn Bonnie Brae Bernard 05/12/20 06/12/20 Bonnie Brae Phase 1 Engineering NextDoor (940) 349-8938
Water main improvements Alternating East and Direct business contact,
S. Elm St. Prairie St. Eagle 03/16/20 05/29/20 along Elm St. as part of the Pec- Engineering West side lane closures Door hangers (940) 349-8938
4 Ph 1&2 Project.
The 2019 Street Reconstruction
project consists of the
reconstruction of roadways
listed above. This
Thomas reconstruction shall include new NextDoor, Email
Scripture Street Street Malone 03/16/20 06/30/20 curb and gutter, ADA compliant Engineering Notification (940) 349-7426
ramps in sidewalks, asphalt or
concrete roadways as well as
upgraded drainage, water and
wastewater facilities
intersection back of Intermittent closure of the NextDoor, Email
Shagbark Dr with Vintage Vintage Blvd 03/16/20 05/29/20 intersection for construction Engineering (940) 349-8938
Blvd right of way activities. Notification
The 2019 Street Reconstruction
project consists of the
reconstruction of roadways
listed above. This NextDoor, Email
Thomas Street W. Oak Panhandle 03/16/20 06/01/20 reconstruction shall include new Engineering Notification, Direct (940) 349-7426
curb and gutter, ADA compliant
business contact
ramps in sidewalks, asphalt or
concrete roadways as well as
upgraded drainage, water and
wastewater facilities
Current Closures
95
Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department
Start Date End Date Info/Notes Meeting Communication Contact
PEC 4 Drainage project. Road Eastside Lane closure
Wainwright Highland ct Warren ct 04/27/20 05/29/20 Reconstruction Engineering for pavement repair only. N/A (940) 349-8938
Warren Ct. Wainwright Locust St. 12/16/19 07/31/20 Drainage Improvements as part Engineering Closed to thru traffic Direct business contact, (940) 349-8938
St. of Pec-4 Ph 1&2 Project door hangers
Installation of sewer and water
Windsor Drive North Locust Stuart 05/11/20 07/01/20 facilities. Engineering NextDoor (940) 349-7426
Windsor Drive - Closed EB -
Open one Way WB
Cherrywood Wastewater collections will be
Woodland St Brown Dr Ln 02/10/20 07/10/20 installing a new wastewater Wastewater N/A (940) 349-8909
main line and services
Total 39
Current Closures
96
Street Closure Report IMPROVING _
PCom leted ClosuresIc',try
DENTON Week of May 25, 2020 - May 31, 2020 L
Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department
Start Date End Date Info/Notes Meeting Communication Contact
Concrete Street Repair. The
process starts with Barricading
941 Precision Airport Rd W. Oak St. 04/20/20 05/12/20 the failed sections of Streets N/A (940) 349-7146
pavement, remove the
pavement and subgrade, and
install new concrete pavement.
Public Works
Ave. C 1-35 Eagle 04/28/20 05/29/20 Garage completion and tear Inspections, NextDoor (940) 205-9230
down of crane on private Private
Development
Public Works
Bell Ave. Texas College 02/10/20 04/27/20 Building out East side of Inspections, Rescheduling street NextDoor (940) 205-9230
building Private closure for later date
Development
Concrete Street panel and
Sidewalk repair. The process
starts with barricading the failed
Bent Creek Kappwood Spring Creek 01/06/20 04/24/20 sections of concrete pavement, Streets N/A (940) 349-7146
remove the pavement and
subgrade, and install new
concrete pavement.
PEC 4 1&2 Drainage and West bound Traffic
Eagle Elm Locust 03/30/20 05/29/20 Utility Improvements Engineering being detoured down NextDoor, N/A (940) 349-8938
Locust to Maple to Elm.
Completed Closures
97
Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department
Start Date End Date Info/Notes Meeting Communication Contact
From 1/13/20 to 3/8/20,
City's Contractor will be
clearing trees and
vegetation along the
south side of Hickory
Creek Rd., from the west
property line of McNair
Elementary School to
the Riverpass Dr.
intersection. This will
Hickory Creek Rd. Teasley Riverpass TBD TBD Street Widening Engineering not involve any lane Phone call to McNair
(Temporary Lane Closures) Elementary Principal (940) 349-7112
closures, but
construction zone
signage will be put up to
warn motorists. Atmos
still needs to relocate
their facilities east of the
Montecito intersection
before our Contractor
can fully deploy to the
project.
Army Direct business contact,
Reserve Warranty repair-Road repair Waste Water, contractor will have
Jim Christal Westen Blvd Center 3250 04/24/20 04/27/20 around a Sewer Man Hole. Private direct contact with (940) 783-6800
Jim Christal Development affected parties. April 10
Rd 2020
Atmos Energy is relocating/ Direct business contact,
Daughtery replacing existing gas mains Atmos Energy to
Johnson Street; Smith Dallas Drive Street, at S 04/06/20 07/31/20 Atmos and services for upcoming distribute door hangers,
Street Locust reconstruction of Smith Street; place sign boards, and (940) 268-7285
Street including gas main crossing notify residents in
Johnson Street at Smith Street. person
Sewer main improvements, as
Locust St. Highland St Eagle Dr 03/09/20 05/29/20 part of Pec-4 Ph 1&2 Engineering Direct business contact (940) 349-8938
Project. West side lane closure.
Longridge Woodbrock Hollyhill Ln. 04/20/20 05/08/20 Emergency repair of drainage Drainage N/A (940) 349-7197
St. system
This project is to install a drive
225 west of approach at the Golden Triangle Engineering, Floyd Smith concrete will
Loop 288 Colorado Colorado 03/16/20 05/15/20 Mall as part of the Colorado Floyd Smith resume work on this Direct business contact (940) 349-7104
blvd Blvd and Loop 288 intersection Concrete project April 6th 2020.
improvements.
Completed Closures
98
Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department
Start Date End Date Info/Notes Meeting Communication Contact
Water Line improvements, as
Maple St. Elm St. Myrtle St. 02/24/20 03/06/20 part of Pec-4 Ph 1&2 Engineering Direct business contact (940) 349-7112
Project. Alternating lane
closures.
Construction is
continuing thru COVID-
19. Please respect
workers efforts in the
field and always
maintain social
distancing.
4/8/20 - Lanes continue
to open. Expect various
lane closures as work
wraps up without benefit
of full lane closures.
4/1/20 - Ultimate Lanes
US 380 (E. Street Widening (Temporary Engineering, are being opened as
Mayhill Rd. University Edwards Rd. 09/01/17 04/30/20 Lane Closures) Traffic, TxDOT, roadwork is coming to Door Hangers (940) 349-8925
Dr.) CIP end.
3/25/20 -Additional
Lane(s) may open as
early as this week.
3/18/20 - Project
Walkthrus are underway
and lanes will continue
to be closed as needed
to facilitate final work.
2/27/20 - Expect
continued lane closures
as project work is
winding down.
Installation of new storm City PM will contact
Montecito Dr. Hickory Buena Vista TBD TBD drainage line. Full street Engineering McNair Elementary (940) 349-7112
Creek Rd. Dr. closure. Principal again on
2/7/20.
Concrete Street Panel Repair.
At roundabout Circle. The
Quail Creek Berry Down process starts with Barricading
Quail Creek Dr. Dr. Ln. 04/27/20 05/05/20 the failed sections of concrete Streets N/A (940) 349-7146
pavement, remove the
pavement, and install new
concrete.
Completed Closures
99
Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department
Start Date End Date Info/Notes Meeting Communication Contact
Installation of new storm
Hickory Marble Cove TBD TBD drainage line. Intersection
Rushing Springs Dr. Creek Rd. Ln. closure. Traffic will be detoured Engineering N/A (940) 349-7112
to Serenity Way.
S. Locust St. Warren Ct. Maple 12/16/19 05/08/20 Drainage Improvements as part Engineering West side lane closure Direct business contact, (940) 349-8938
of the Pec-4 Ph 1&2 Project. Door hangers
Construction is
continuing thru COVID-
19. Please respect
workers efforts in the
field and always
maintain social
distancing.
4/8/20 - Ongoing
4/1/20 - US 380/Mayhill
Signal Installation is
wrapping up
1200' East of 1200'West Engineering, successfully. Next step
requires pavement Additional outreach not
US 380 (E. University Dr.) N. Mayhill of E. Mayhill 11/01/19 04/30/20 Signal Upgrade and Installation Traffic, TxDOT, marking installations to needed (940) 349-8925
Rd. Rd. CIP
set stop bars and
pedestrian crosswalks.
This work will require
various lanes of travel to
be closed. Typically,
there will be 2 lanes
closed in each direction
(eastbound and
westbound)with a
minimum of one-lane
open at all times.
Closure of lanes of Windsor
Drive to facilitate paving
operations related to the
Magnolia Phase II drainage
Mesquite North Elm improvement project.
West Windsor Drive Street Street 03/30/20 04/30/20 Westbound and center lanes will Engineering Email Notification (940) 349-8425
be closed and re-paved and
then swapped to a closure of
the Eastbound and center lanes
once the Westbound lanes are
complete.
Total 19
Completed Closures
100