HomeMy WebLinkAbout080919 Friday Staff ReportCity Manager’s Office
215 E. McKinney St., Denton, TX 76201 (940) 349-8307
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MEMORANDUM
DATE: August 9, 2019
TO: The Honorable Mayor Watts and Council Members
FROM: Todd Hileman, City Manager
SUBJECT: Friday Staff Report
I.Council Schedule
A.Meetings
1.Cancelled - Public Utilities Board Meeting on Monday, August 12, 2019 at
9:00 a.m. in the City Council Work Session Room.
2. Historic Landmark Commission on Monday, August 12, 2019 at 5:30 p.m. in
the City Council Work Session Room.
3.Mobility Committee Meeting on Tuesday, August 13, 2019 at 8:30 a.m. in the
City Council Work Session Room.
4.Work Session of the City Council on Tuesday, August 13, 2019 at 11:00 a.m.
in the City Council Work Session Room.
5.Economic Development Partnership Board on Wednesday, August 14, 2019
at 11:00 a.m. in the City Council Work Session Room.
6.Agenda Committee Meeting Wednesday, August 14, 2019 at 2:30 p.m. in the
City Manager’s Conference Room.
7.Special Called Work Session of the Planning and Zoning Commission on
Wednesday, August 14, 2019 at 5:00 p.m. in the City Council Work Session
Room, followed by a Regular Meeting at 6:30 p.m. in the City Council
Chambers.
8.Cancelled - Health and Building Standards Commission Meeting on Thursday,
August 15, 2019 at 4:00 p.m. in the City Council Chambers.
9.Board of Ethics Meeting on Thursday, August 15, 2019 at 5:30 p.m. in the
Finance Conference Room.
10. Committee on Persons with Disabilities on Thursday, August 15, 2019 at 6:00
p.m. in the City Council Work Session Room.
11. City Council Retreat on Saturday, August 17, 2019 at 8:30 a.m. at the Texas
Woman's University Board of Regents Conference Room - 16th Floor, 304
Administration Drive, Denton, Texas 76204
II. General Information & Status Update
A. Online SCBAC Comment Submissions – As the Special Citizens Bond Advisory
Committee (SCBAC) evaluated the proposed 2019 Bond Program, staff made an
online comment form available for citizens to submit feedback or questions relating
to the proposed program. These submissions allowed interested persons to submit
feedback without the need to attend a Committee meeting. Additionally, the
submissions were updated regularly and provided to the SCBAC so that they may
factor this feedback into their overall discussion. A copy of all proposed bond
program feedback received through August 6, 2019 is attached. Staff contact: Ryan
Adams, Public Affairs
B. Roselawn Concrete Batch Plant Permit Update - Information was provided in the
May 3 Friday Report regarding the concrete batch plant on Roselawn Drive in
response to concerns from nearby residents. Staff was asked to provide a copy of
the permit once it was issued by the Texas Commission on Environmental Quality,
the permit is now available and can be found online here. Staff contact: Charlie
Rosendahl, Development Services
C. Park7 Gas Lines – During the August 8 City Council meeting, Council Member
Briggs requested information concerning the Park7 Apartment Complex that is
being constructed in the Scripture and Normal Street Area. This request was made
after the citizen comments included an opinion that the construction would
jeopardize the integrity of the gas supply lines in the area. Staff has spoken with
representatives from Atmos Energy about this particular issue and Atmos
representatives will be prepared to respond to Council questions if they are asked
during the Atmos work session item that is currently scheduled for the August 27
City Council meeting. Staff contact: Kenneth Banks, Utilities Administration
D. Confederate Memorial – During the August 6 City Council meeting, Council
Member Armintor requested the status of a Council resolution against the
Confederate Memorial on the square. The attached Informal Staff Report No. 2018-
130 was distributed on September 21, 2018. Following that, this item was discussed
during the Council Work Session Strategy Sessions on October 23, 2018, November
27, 2018, March 4, 2019, and April 23, 2019. In each of those strategy sessions,
there was not a consensus among Council Members to move forward with any
action. This item will be listed again as a potential topic for discussion during the
upcoming Work Session Strategy Session that is currently scheduled for September
24. Staff contact: Stuart Birdseye, City Manager’s Office/Rachel Wood, City
Manager’s Office
E. Intersection of Teasley and Hickory Creek Road – On August 6, a citizen asked
what could be done about safety concerns due to uneven road conditions at the
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intersection of Teasley and Hickory Creek Road. Teasley/2181 is a state road, so all
temporary solutions to address the issues are coordinated through TxDOT. Staff
reached out to TxDOT and it was confirmed on August 9 that asphalt has been laid
to temporarily alleviate the safety issues. Staff contact: Todd Estes, Capital Projects
F. Lynching Memorial – During the August 6 City Council meeting, Council Member
Armintor requested that a Resolution of Support for a potential Lynching Memorial
in the Downtown Square area be presented to the City Council for approval. This
request will be included as a potential future agenda item and will be available to
discuss during the upcoming Work Session Strategy Session that is currently
scheduled for September 24. Staff contact: Stuart Birdseye, City Manager’s Office
G. Artist in Residence – On July 9, Council Member Briggs asked if the City could
offer an Artist in Residence program similar to the City of Arlington’s program.
Arlington’s program, as described in the attached Facebook ad, offers a $1,000
stipend to an artist to provide classes and display art pieces in an exhibition. There
is currently no funding that has been identified for a program like this. Staff contact:
Jennifer Bekker, Library
H. Welcoming City Information – During the August 6 City Council meeting, Council
Member Armintor requested the status of potential Council direction regarding a
potential Welcoming City initiative. Informal Staff Report No. 2018-192 (attached)
was distributed on December 21, 2018. The report outlines Dallas’ pursuit of a
“Welcoming City” certification designated by Welcoming America, a national
certifying non-profit organization. At time the report was published, there were three
certified Welcoming Cities nationwide: Dayton, Ohio; Louisville, Kentucky; and
Salt Lake City, Utah. This Welcoming City item was discussed during Council
Work Session Strategy Sessions on March 4, 2019 and April 23, 2019. In each of
those strategy sessions, there was not a consensus among Council Members to move
forward with any action. This item will be listed again as a potential topic for
discussion during the upcoming Work Session Strategy Session that is current
scheduled for the September 24 City Council Meeting. Staff contact: Stuart
Birdseye, City Manager’s Office
I. Fred Moore Day Nursery School – On July 31, Mayor Pro Tem Hudspeth asked
about the future plans for the Fred Moore Day Nursery School and if these plans
would have an impact on the Community Development Block Grant (CDBG)
funding they receive. The DISD board supported the proposal to provide a full-day
pre-k program across the district, including hiring additional personnel, but to-date
notice regarding the impact to current programming at Fred Moore Day Nursery
School has not been received. City staff will continue to monitor any program
modifications that may impact the main campus facility that was deeded to Fred
Moore by DISD in 2006 where CDBG funds have been utilized for improvements
over the last few years. Staff contact: Danielle Shaw, Community Development
J. Inclusionary Zoning for Habitat for Humanity – On May 21, Council Member
Briggs requested information about how to incentivize the inclusion of Habitat for
Humanity homes in new developments. Habitat for Humanity homes are subject to
the same zoning processes as all other housing development. In March, staff
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completed an ISR detailing the methodology and processes for inclusionary zoning
which can be found here. In summary, there are two major buckets of inclusionary
zoning- mandatory and voluntary. The ability of cities to enact mandatory
inclusionary zoning is restricted by state statute. Voluntary zoning provides
incentives to developments over a certain unit count who voluntarily include a
percentage of affordable housing units. Inclusionary zoning is one tool that cities
use within a comprehensive affordable housing strategy. An analysis of current
affordable housing provision and needs would determine the housing needs and help
identify which tools would best address those needs. Staff contact: Danielle Shaw,
Community Development
K. DMAC Space and Funding – On July 17 Council Member Briggs asked if there was
any space or sponsorship funds to assist the Denton Music Arts Collaborative
(DMAC). This year, DMAC is set to receive $900 through Council Contingency
fund allocations. Library staff is also meeting with DMAC on August 9 to identify
meeting space that is available for them to use. The results from that meeting will
be relayed in an upcoming Friday Report. Staff contact: Jennifer Bekker, Library
L. Kings Row Substation – On June 30, Council Member Briggs requested information
about turning the site of the retired Kings Row Substation into a park or community
garden. Before this site can be used for another purpose, DME will need to perform
extensive site environmental remediation due to the potential environmental
(hydrocarbons) and site restoration work after all of the old substation equipment
has been removed from the site. Work to ready this site for another use could take
between a 3- to 5-year timeframe for all of the removal, remediation and cleanup
activities to occur on the site. Informal Staff Report No. 2018-066, which was
distributed on May 25, 2018, offers additional details and includes other potential
uses for the site
M. Hillcrest Street Construction – Staff have received several inquiries regarding the
project schedule to repair the portion of Hillcrest Street between Crescent and
Emory. City staff will begin repairing the width of the drive approaches that are in
the worst condition beginning next Tuesday, August 13. Door hangers will be placed
at the residences beginning Friday, August 9, and cones will be placed on Monday,
August 12. The repairs to the street along the utility cuts will be scheduled a few
weeks later. Repairing the drive approaches next week allows for the pedestrian
areas to be addressed first while the street repairs are coordinated with the City’s
contractor. Staff contact: Mario Canizares, City Manager’s Office
N. Intersection of Loop 288 and I-35E – On August 6, Council Member Briggs
requested staff address safety concerns at the intersection of Loop 288 and I-35E.
Loop 288 is a TxDOT facility and they recently switched the traffic control at the
intersection with I-35E. The new traffic control plan has considerable impact on the
traffic operation at this intersection due to reduction in capacity. As the TxDOT
contractor works through different phases of this project, the traffic control and the
traffic pattern will continue to change/evolve. City staff is actively monitoring the
traffic signals at this location and will work closely with TxDOT to implement
necessary timing changes to help alleviate congestion. Staff will review alternatives
(including temporary signs, barriers such as cones, barrels, etc.) and work with
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TxDOT and its contractor to implement them. Additionally, the intersection of I-
35E and Brinker Rd. is scheduled to open at the beginning of October, which should
alleviate congestion at the intersection of Loop 288 and I-35E. Staff contact: Todd
Estes, Capital Projects
O. Tiny House Village Research – Following the work session this week, a member of
the Denton Basic Services Center posted on Facebook claiming that City staff had
presented that “communities are moving away from the tiny house model as an
alternative to homelessness” and accused staff of lying, not doing their research
well, or being ill prepared. That broad generalization was never made or presented
by staff. Staff researched 10 different villages thoroughly and included that
information in a full report in the work session materials, available here. Staff
presented and demonstrated the wide range of tiny house village models that exist,
including tiny house village models that are successful and expanding such as
CommunityFirst! Village in Travis County, TX (a permanent housing model). Staff
did cover one tiny house village model that is looking to be transitioned out by the
City of Seattle in favor of more cost-effective options such as enhanced shelters.
Staff also stated during the presentation the fact that HUD is moving away from
providing funding to transitional housing projects in preference for permanent
housing projects in alignment with the Housing First model. Staff spent many hours
preparing the research and report (approximately 50 hours) and want to clarify and
address the misrepresentation of staff’s words and work. Staff contact: Sarah
Kuechler, Public Affairs
P. DCTA Bus Route #7 – At the August 6, 2019, City Council meeting a resident spoke
about her concerns regarding the detour routes for bus #7 due to the Bonnie
Brae/Scripture roundabout construction. The resident indicated that certain bus
stops along the detour route were not suitable for riders because of the long walking
distance between the stop and ultimate destination of the rider. Staff spoke with the
resident the following day to obtain her contact information and provide a few more
details. Staff also spoke to the DCTA President Ray Suarez and passed on the
resident’s concerns and phone number. Mr. Suarez indicated that a DCTA staff
member would call the resident to address the concerns from the resident. Staff
contact: Mario Canizares, City Manager’s Office
Q. Church Access During Hinkle Road Construction – Council Member Briggs
requested information on access to the Presbyterian Church during the construction
on Hinkle Road. At the beginning of July, the Project Manager discussed
accessibility to the Presbyterian Church during construction with both a
representative from the church and the construction contractor. The only instances
of inaccessibility discussed were to be while materials are drying or curing. During
the July meeting, the project manager shared their direct contact information with
church staff should any other issues arise. Staff contact: Todd Estes, Capital Projects
R. Providing accessible parking spaces at the Veteran’s Home – On August 6, Council
Member Armintor asked if someone from the City could speak with the staff of the
Veteran’s Home on Carroll Boulevard and offer to paint new accessible parking
spots. City staff is unable to offer this service to a privately-owned property because
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it would constitute the gifting of public funds which is not permitted according to
the Texas Constitution, article III, § 52. Staff contact: Erin Winn, Public Affairs
S. Part-time employee wages – During the June 3 work session, Council Member
Briggs asked how many part-time or seasonal employees were making less than $10
an hour. Staff analyzed the most current employment data and found that no part-
time or seasonal employees were making less than $10 an hour, except for
participants in the Mayor’s Summer Youth Jobs Program who make $7.25 an hour.
Staff are currently compiling the additional information that was requested about
the budgetary impacts of specific wage increases and turnover rates for all
departments. This information will be provided in a future Friday report. Staff
contact: Carla Romine, Human Resources
T. Signage on University Drive – On August 5, Mayor Pro Tem Hudspeth requested
staff reach out to TxDOT to add additional signage on University Drive (near the
Braums) to alert drivers that the two left turn lanes enter I-35. Staff has
communicated this request to TxDOT and will continue to work closely with them
and the contractor to implement the additional signage. Staff contact: Pritam
Deshmukh, Capital Projects
U. Open Space Question – During the August 6 City Council meeting, Council Member
Armintor inquired about the property in Aubrey at the intersection of FM2153 and
Shepard Road that was discussed in 2015 as a potential site for an Energy Center.
DME only explored the feasibility of the location but ended those efforts after the
City Council approved the construction of a single plant at the Jim Christal Road
site. The City of Denton never entered into a contract with the landowner, nor is
staff aware of the property owner’s current plans for this site.
This site is located within the ETJ for the City. As the Parks and Recreation
Department considers land acquisitions for potential future open space, staff will
evaluate properties that is within City limits and within the ETJ. This site would
need to be fully analyzed to determine whether or not it fits within the Parks and
Trails Master Plan that currently being developed. Staff contact: Tony Puente,
DME/Gary Packan, Parks and Recreation
V. NLC Prescription Discount Program – Council Member Briggs requested
information about the National League of Cities’ Prescription Drug Discount
program. According to their website, this discount program in participating cities
allows residents who lack insurance or whose insurance does not cover the cost of
a prescription drug to sign up for an ID card that makes them eligible to purchase
prescription drugs at a lower price. The program is offered at no cost to NLC cities
and is funded by CVS Care Marks. In order to participate, the City of Denton would
designate a staff contact and create a promotional plan utilizing marketing materials
provided by NLC. While the discount card, enrollment and membership is free, the
cost to administer this program is unclear. Further investigation is needed to
determine if City staff would be responsible for distributing and monitoring the use
of the discount cards. A clearer understanding of administrative cost would allow
for a cost-benefit analysis using the average savings data provided by NLC. For
example, in 2018, 98 City of Plano residents utilized the program and saved
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$1,076.74 total; an average of $10.98 in savings per resident. Staff would also need
to confirm with Legal or Compliance whether or not participation in a privately-
funded program would constitute a conflict of interest. Staff will await formal
direction from Council to proceed any further. Staff contact: Sarah Kuechler, Public
Affairs
W. Heritage Oaks Apartments – On July 14 a request was made by Council Member
Briggs regarding potential plans to close Heritage Oaks and develop a new senior
housing community. Staff reached out to the Denton Housing Authority (DHA),
owners of the Heritage Oaks Apartments, and they confirmed there are no current
plans to close Heritage Oaks at this time. DHA is actively seeking a development
partner for either redevelopment of the complex or construction of a new site, but
they have not yet identified a partner. DHA assured staff that if at some time in the
future they do have plans to develop, there would be extensive communication with
their residents and current residents would have the option to move to the new site
or another DHA site if a new site were to be developed. Staff contact: Charlie
Rosendahl, Development Services
X. County Historical Park Restrooms - Following the August 1 Budget Workshop, City
staff coordinated with County staff to discuss options for a permanent or semi-
permanent restrooms at the County Historical Park. Staff reviewed both a trailer
option, similar to what is currently located at the Carl Young Park Sprayground, and
a pre-engineered permanent option, similar to what has been approved for
Quakertown and Carl Young Parks. After discussing options, both the City and
County agreed that the most cost-effective option is the pre-engineered permanent
structure. The County has indicated a willingness to share the cost of the pre-
engineered option, and staff is currently working with the County to develop a
funding agreement. Staff will provide additional details on the timeline for the
County Historical Park restroom project after the funding agreement with the
County has been finalized. Staff contact: Drew Huffman, Parks and Recreation
Y. Construction dust on Hinkle Drive – Council Members Briggs and Davis asked what
is being done to minimize the dust at the Hinkle Drive construction project. Staff
have confirmed that dust control measures are in place for the active Magnolia
Drainage Project on Hinkle Drive. The contractor has two water tankers on-site to
spray water in the construction area to prevent dust from becoming airborne. In
addition, to ensure unsafe materials are not released into the air, the contractor mixes
all materials off-site.
Last week, city staff directed the contractor to increase the watering to three to five
times per day while being mindful not to have excessive water in the area that could
impact safety and drivability for motorists in the area. The project manager
confirmed that the contractor is monitoring the dust control, there are trucks on site,
and the watering has been increased to better address concerns. The contractor is
planning to have an asphalt base laid within three weeks from University to
Greenbriar Street, which will reduce the amount of dust in the area. Staff contact:
Todd Estes, Capital Projects
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Z. Promotion of Non-City Events – At the August 6 City Council meeting, City staff
was requested to promote a privately-organized vigil that would be open to the
public. Generally, the City uses its communications channels to promote events that
are city-organized, city-sponsored, or events that are organized by entities with
which the City has a partnership. A primary reason for this practice is that the City
would have little to no input over the content, planning, and other similar matters of
a privately-organized event. Poor planning or the introduction of unanticipated or
undesired content at a privately-held event could damage the reputation of the City
organization if the City encouraged public participation in the event. Additionally,
the City is not able to accommodate the many requests that it would likely receive
if it were to begin promoting privately-organized events. It is for these and similar
reasons, the City maintains this communications practice. Staff contact: Ryan
Adams, Public Affairs
AA. Stub Poles – DME has completed an audit of stubbed poles throughout the City, and
has verified poles based on phone, cable tv, and bare poles that can be pulled now.
There are now 87 bare stubbed poles and staff is coordinating with a contractor to
remove poles beginning next week with a goal to have all bare poles removed within
the next two weeks. Staff is still compiling all the data of stubbed pole totals that
still have phone and cable attached and expects there to be over 400 poles with these
utilities still attached. Staff will include an update in a future Friday Report once
that exact number is determined. Staff contact: Tony Puente, DME
BB. Commercial Vehicle Enforcement Program – As the county seat of Denton County,
the City of Denton is a major crossroads of highway transportation. In addition to
three US highways, one State loop, and eleven farm-to-market roads, Denton is
situated along I-35, a major international commercial thoroughfare. The safe
transportation of goods across Denton is essential to the welfare of residents and
visitors. In an effort to promote commercial vehicle safety, the Denton Police
Department (DPD began its Commercial Vehicle Enforcement (CVE) program in
partnership with the Texas Department of Public Safety (DPS) as a Motor Carrier
Safety Assistance Program (MCSAP) Partner-Agency in 2006.
DPD has two MCSAP officers that are authorized to stop, enter, and detain
commercial vehicles to conduct necessary safety inspections. Each officer conducts
hundreds of roadside inspections each year. The two MCSAP officers conducted
833 commercial vehicle inspections in the calendar year 2018. Additionally,
MCSAP officers will conduct post-accident inspections when there is a fatality, life
threatening injury, or hazardous material spill. The officers routinely encounter
commercial vehicles that lack the authority to operate as a motor carrier, do not have
proper insurance or necessary licensure, lack necessary equipment maintenance, or
contain hazardous materials. Officers also routinely identify violations to State size
and weight limitations.
In order to participate as a MCSAP partner agency, a local law enforcement agencies
must enter into two different memoranda of understanding (MOU) with the DPS's
Motor Carrier Bureau (MCB). The MOUs outline the responsibilities of both the
DPS and the MCSAP partner agency and must be renewed every two years. City
Council will be asked to approve two associated MOUs at their August 13 City
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Council meeting. One MOU will grant DPD the authority from DPS to conduct
weight enforcement. The second MOU will grant DPD the authority from DPS to
conduct federal safety regulation inspections. Staff contact: Bobby Smith, Police
CC. Fitness Pass Cost Update – At the Aug. 1, City Council meeting, Council Member
Hudspeth asked for the cost of a gym pass at the recreation centers. Staff stated the
cost was $150. That quote was incorrect. The cost of a fitness membership pass is
$120 annually.
In addition to the standard recreational pass activities, which allows access to the
gymnasium, game rooms, and public computers, the fitness pass allows members to
access the weight rooms and cardio rooms. Previously, the cost for memberships
varied by recreation center and was limited to each facility. That changed in 2019
as fitness memberships are a standardized price and can be used at any of the
recreation centers. Staff contact: Gary Packan, Parks and Recreation
DD. Bell Traffic Signal – Council Member Briggs shared citizens’ concerns regarding
the visibility of the signal at the intersection of Bell Ave. and Mingo Rd. near the
Civic Center. This intersection has a challenging angle for signal placement and
louvers (similar to image below) were installed on the south bound Bell signal head
faces to limit the visibility by south bound Mingo drivers. While this did reduce
confusion for the south bound Mingo drivers, it has created a significant visibility
issue for south bound Bell drivers. Staff have removed the louvers on Wednesday,
August 7 and are researching an alternative solution for reducing confusion for south
bound Mingo drivers. Staff contact: Pritam Deshmukh, Capital Projects
EE. National Night Out Events – The Denton Police Department, Denton Fire
Department, other City departments, and City officials will participate in two
National Night Out events on Monday, September 30 and Tuesday, October 1 (see
attached press release). National Night Out is a community event to raise awareness
about community policing in our neighborhoods. Across Denton, neighborhoods,
homeowners’ associations, and citizen groups will hold block parties and barbecues
to encourage neighbors to get to know each other and local law enforcement
agencies, and help make their community safer.
Citywide Kickoff Party – Monday, September 30
New to this year is the Citywide Kickoff Party which will be hosted the day before
National Night Out to allow residents another option to meet public safety and local
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government officials. Residents are invited to attend this community celebration
from 5:30 to 8:30 p.m. on September 30 at the Denton Civic Center (321 E.
McKinney St.). Residents will join first responders, and City officials and staff for
an evening of free food, drinks, carnival games, and more. This family-friendly
kickoff is an opportunity for everyone in our community to gather the day before
National Night Out.
Neighborhood Parties – Tuesday, October 1
Neighborhoods that would like City of Denton Police officers and other city
representatives to attend their National Night Out gathering on Tuesday, are
encouraged to complete the registration form available at
www.cityofdenton.com/nno. Registration ensures that the City is aware of each
neighborhood party and guarantees a visit from a Police Officer (along with other
public safety and city staff). The deadline to register your neighborhood party is
Friday, September 13.
Additional information is available at www.cityofdenton.com/nno. Staff contact:
Ryan Adams, Public Affairs/Khristen Jones, Police
FF. National City Hall Selfie Day – The City of Denton will join cities around the
country on Thursday, August 15 by participating in National #CityHallSelfieDay
(flyer attached). #CityHallSelfieDay is a social media campaign for people around
the world to show their love for local government by taking a selfie in front of their
local City Hall or any city, county, special district or regional building. Residents
are encouraged to take a selfie at a City of Denton City Hall, and post it to social
media with the hashtags #CODSelfie and #CityHallSelfie.
In a joint effort to promote the Clear the Shelters event on Saturday, August 17,
Animal Services will have adoptable pets on-site for resident’s #CityHallSelfie at
City Hall Main (215 E. McKinney St.) from 10:00 a.m. to 1:00 p.m.
How residents can participate:
• Share the event on social media account to spread the word!
• On Thursday, August 15, take a selfie in front of City Hall or in front of any
city, county, special district, or regional building.
• Post the selfie to Twitter, Instagram, or Facebook with the hashtag
#CODSelfie and #CityHallSelfie
• Tag the City of Denton in the post!
For information on #CityHallSelfie Day visit https://elgl.org/cityhallselfie/ .
Staff contact: Stephanie Yates, Public Affairs
GG. CloudLibrary Digital Services – Soon City of Denton library cards will give patrons
access to a new platform with more eBooks and digital audiobooks than ever before.
CloudLibrary will replace Overdrive/Libby this September. The new platform will
have new, expanded content, in addition to all of the previous content available on
Overdrive. The City will continue to offer digital content on Hoopla after
CloudLibrary is available, but will be moving away from the Overdrive/Libby
platform.
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Borrowers will be able to access 125,000 additional ebooks and digital audiobooks
from Texas Libraries with access to cloudLink. The cloudLink service offers more
access to popular titles, fiction, non-fiction, biographies, classics and more for all
ages. The best part is that Denton Public Library borrowers will always have priority
to start reading instantly with their Denton Public Library card.
Library staff is finalizing the software transfer process and working to get the digital
content ready for transfer. It is anticipated that access to the CloudLibrary app will
be available at the end of August. OverDrive/Libby content will be transferred to
the CloudLibrary app on September 17, and OverDrive/Libby services will be
deactivated at that time. The ability to place holds in OverDrive/Libby has been
disabled as holds cannot be transferred. The library recommends that current
OverDrive/Libby users print or make note of any OverDrive/Libby items on your
hold list so you can request them once CloudLibrary is live. Once activated, the new
CloudLibrary app will feature an opening collection of new ebooks and digital
audiobooks. After the September 17 transfer, the Denton Public Library collection
of about 18,000 items will be available in the CloudLibrary app for users to search,
browse, hold, and check-out. Borrowers will also be able to place purchase requests
for digital content in CloudLibrary at that time. Available ebooks and digital
audiobooks from cloudLink libraries across Texas will be added one week after the
September 17 content transfer.
The Library will continue to provide updated CloudLibrary information via twitter,
Facebook, and library.cityofdenton.com as the transition plans are finalized. Staff
contact: Jennifer Bekker, Library
HH. New Bike/Walk Denton Vehicle – The Bike/Walk Denton program procured a cargo
bicycle for in-town transportation. The program was formerly using a surplus police
bicycle with a very basic trailer on the back to haul a table and presentation materials
to school and university events. The old set-up was awkward and unwieldy. The
Bike/Walk program acquired a Swift model cargo bike from Bunch Bikes (locally
based in Denton County) to “walk the talk” of bicycle-based transportation. This
will be a much safer and more streamlined way to participate in public events and
promote cycling without using an automobile. Staff contact: Marc Oliphant, Capital
Projects
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Top Picture: Former trailer and bike setup
Bottom Picture: New Bunch Bike “Swift” Cargo Bicycle
II. Council Requests Scheduled for Upcoming City Council Meetings – Several
Council requests will be included as either upcoming work session items or be
included in the upcoming Work Session Strategy Session that is currently scheduled
for September 24. As a result, these items will be removed from the Council
Requests list. These topics include (requestor and date of request are listed in
parentheses):
• Update the Gas Well Ordinance to include 500; reverse setbacks, and 1000’
setbacks. Include an updated ordinance, communication strategy,
information on the application of the ordinance, and an appeals process.
(Watts, 7/16/19)
o A work session has been scheduled for October 8.
• Information on the policy options for a development fee waiver or City
administered grant program for non-profit agencies.
(Briggs/Armintor/Davis, 6/4/19)
o A work session has been scheduled for September 10.
• Work Session on options to enhance City's partnership with DCTA under
the new governance structure. (Davis, 5/21/19)
o A work session has been scheduled for August 27.
• How much of Customer Services' bad debt is a result of late fees and
penalties? (Briggs, 6/4/19)
o A work session is planned for September 10 where this information
will be discussed.
• Work session on credit and collections follow up for Council to provide
policy feedback on percentage versus flat late fees. Provide comparative
data from peer cities related to handling of account deposits and balances on
transfers of service. (Briggs, 6/4/19)
o A work session is planned for September 10 where this information
will be discussed.
• Can there be a future work session regarding garage conversions and
whether the number of unrelated persons residing in a residence has
changed? (Briggs, 7/12/19)
o Information will be provided during a future DDC Update work
session.
12
• Clarification on if residential accessory dwelling units can have separate
mailbox. (Armintor/Meltzer, 8/6/19)
o Information will be provided during a future DDC Update work
session.
• Work Session on comprehensive process for low-income housing strategy
that includes housing bonds, density bonuses, grants for low income rentals,
land swaps and other tactics to maximize the availability of affordable
housing. (Meltzer, 3/20/19)
o This will be prioritized with other requests during a future Strategy
Session.
• Workshop on the potentially altering current City requirements for elected
officials to serve on community board such as the Economic Development
Partnership Board. (Hudspeth, 6/18/19)
o This will be prioritized with other requests during a future Strategy
Session.
• Request a work session to develop a comprehensive anti-discrimination
ordinance. (Armintor, 7/17/19)
o This will be prioritized with other requests during a future Strategy
Session.
• Work Session on a citywide moratorium for small marijuana possession
arrests. (Armintor, 7/22/19)
o This will be prioritized with other requests during a future Strategy
Session.
• Work Session on a citywide moratorium for criminal trespass citations and
related arrests for peaceful sitting, standing or resting on public property.
(Armintor, 7/22/19)
o This will be prioritized with other requests during a future Strategy
Session.
• Information on Horse Drawn Carriages and horse riding within the City,
bring ordinance forward for Council discussion (Ryan, 7/23/19)
o This will be prioritized with other requests during a future Strategy
Session.
III. Upcoming Community Events and Meetings
A. Events
1. Midnight Hoops – Saturday, August 10, 2019 from 9:00 a.m. to 12:00 p.m.
at the Denton High School Gymnasium (1007 Fulton St). Tipoff is at 11:00 a.m.
Staff contact: Bobby Smith, Police
2. City Hall Selfie Day – Thursday, August 15, 2019 from 10:00 a.m. to 1:00
p.m. at the Denton City Hall (215 E. McKinney St.) and City Hall East (601 E.
Hickory St). Staff contact: Stephanie Yates, Public Affairs
3. Clear the Shelters – Saturday, August 17, 2019 from 10:00 a.m. to 5:00 p.m.
at the Linda McNatt Animal Care and Adoption Center (3717 N. Elm St.). Staff
contact: Randi Weinberg, Animal Services
13
4. Vela Athletic Complex Grand Opening – Saturday, August 31 from 9:00 a.m.
to 1:00 p.m. A soccer and rugby tournament will begin at 9:00 a.m. FC Dallas
will host free, open soccer clinics taught by FC Dallas coaches. Staff Contact:
Jason Barrow, Parks and Recreation
5. Splish Splash Doggie Bash – Saturday, September 7 from 9:00 a.m. to 10:30
a.m. and from 11:00 a.m. to 12:30 p.m. at Civic Center Pool (515 N. Bell).
Hosted by Denton Parks Foundation. More information can be found on their
Facebook Page. Staff Contact: Gary Packan, Parks and Recreation
6. National Night Out Kickoff – Monday, September 30, 2019 from 5:30 p.m.
to 8:30 p.m. at the Denton Civic Center (321 E. McKinney St.). Staff contact:
Frank Dixon, Police and Sarah Kuechler, Public Affairs
7. National Night Out– Tuesday, October 1, 2019 with neighborhood block party
times and locations varying. Staff contact: Frank Dixon, Police and Sarah
Kuechler, Public Affairs
B. Community Meetings
1. Developer Town Hall Meeting – Monday, August 12, 2019 from 8:00 to
10:00 a.m. at the City Hall Council Chambers (215 E. McKinney St.). Staff
contact: Scott McDonald, Development Services
2. Oak/Hickory Parking and Traffic Community Meeting – Thursday, August
15, 2019 at 6:00 p.m. at the UNT Greek Life Center (621 S. Welch Street,
Room 101B). Staff contact: Ryan Adams, Public Affairs
3. Rec Centers and Services Focus Group – Thursday, August 22 at 6:30 p.m.
at Denton Civic Center (321 E. McKinney St.). As part of the Parks and
Recreation Master Plan, the public is invited to discuss future needs
surrounding rec centers and programming. Staff Contact: Laura Behrens, Parks
and Recreation
4. TxDOT FM 1515 Project Public Meeting – Thursday, August 29, 2019 from
6:00 to 8:00 p.m. at Embassy Suites Denton Convention Center (3100 Town
Center Trail). Staff contact: Pritam Deshmukh, Capital Projects
IV. Attachments
A. SCBAC Website Feedback Submissions ...............................................................16
B. 2018-130 County Courthouse Confederate Monument ........................................21
C. 2018-192 City of Dallas Welcoming City Information ........................................23
D. Press Release – National Night Out (Aug 2019) ..................................................69
E. City Hall Selfie Day 2019 .....................................................................................72
V. Informal Staff Reports
A. 2019-154 Small Cell Node Litigation ..................................................................73
14
B. 2019-155 Integrated Pest Management System Supplemental .........................118
C. 2019-156 PEC 4 Survey ....................................................................................123
D. 2019-157 DEC June 2019 Dashboard ...............................................................125
E. 2019-158 Bond Sales .........................................................................................128
F. 2019-159 Water Outage Messaging ...................................................................130
G. 2019-160 House Bill 2840 ................................................................................133
H. 2019-161 Denton Parks Foundation Update .....................................................139
I. 2019-162 Built for Zero Homelessness .............................................................141
VI. Council Information
A. Council Meeting Requests for Information ........................................................143
B. Other Council Requests for Information ............................................................144
C. Council Calendar ................................................................................................146
D. Draft Agenda for the August 20 .........................................................................149
E. Future Work Session Items ................................................................................156
F. Street Construction Report .................................................................................157
15
Online Feedback Submissions
2019 Proposed Bond Program
Date Name Address Comment
6/13/19 Shane Warren 1104 McCormick St Unit 1
Denton , TX 76201
United States
The sidewalks around UNT are an disability access issue. UNT can’t fix them because
they’re technically not a part of UNT property. If this bond does pass, I would love
to see sidewalks being updated to be wheelchair and other disability accessible.
7/8/19 Bill Kenney 7604 Hinkley Oak Dr.
Denton, TX 76208
United States
Serious question...Why does a growing city need new debt? Why not use the new
money from a growing tax base to fund infrastructure and pay as we go? Many in
government leadership are constantly beating the drum for property tax reduction,
but it seems that between the school, county, and city...$4 billion in debt is a very
heavy load for the taxpayers in Denton. Is it not wise for us to, at some point, pull
back on the reins and pay down this load. If we can’t pay for it in a time of near
record growth, how could we possibly hope to pay for it if our tax base were to
begin to decline? Trying to out earn our stupidity seems like a foolish plan. New
schools, parks and new community needs like fire/police stations should be paid for
with large contributions from developers who are getting paid in large sums to
expand our city. As a taxpayer, it will take one amazing sales pitch to get me to vote
for a city bond right now. I encourage the city to strongly consider a pay-go plan
and seek funding from sources such as development taxes, not giving up large
abatement to new businesses, and sales taxes dedicated to infrastructure.
7/10/19 Kenneth Evans
1317 Linden
Denton 76201
United States
Hello, a traffic study conducted in May 2019 found that there were "17 vehicles
traveling between 50-65 mph in the 7 days of the study" around the intersection of
Linden and Bryan. Linden east of Malone is an active area for young people walking
to Newton Rayzor elementary and older children walking through to the High
School or Calhoun on Congress. Older people also often walk their dogs, and at
least one family walks their dog with their disabled child. The speeds are unsafe.
We need speed measures for this area -- and throughout Denton residential zones -
- to calm and slow traffic. Widening streets only encourages speeding, which can be
deadly. Please consider investing in sidewalks, in rumble-strips or emergency
vehicle accessible speedbumps, and better painting and signage. Whatever we can
do to slow traffic might go toward increasing alternative mobility measures as well
(biking, walking, scootering), which all goes toward a healthier and more desirable
life in the city. We have to slow Denton down. Thank you.
7/10/19 John Davis 8016 Woodcreek Circle
Argyle, TX 76226
United States
1. It is premature to select street capacity construction projects for a bond program
when the city is conducting an update of its Mobility Plan, which is supposed to
guide the city in constructing new capacity projects. The update of the Mobility Plan
16
is in process, with completion scheduled for Feb. 2020. So, an election on a bond
program for new street capacity projects should be delayed until Nov. 2020, after
the update provides the best updated data for selection of projects. Additionally, a
delay to Nov, 2020 would ensure the best voter turn-out for the election.
2. The routing for the westerly extension of Hickory Creek Rd. Shown in the
proposed bond program Is not the best routing available. The routing should take
Hickory Creek westerly from Riverpass Dr. across the railroad tracks and then
northwesterly through the flood prone farmland to the intersection of US-377 and
Vintage Blvd. Vintage Blvd. was planned, budgeted and designed to be a 6-lane
divided section roadway between I-35W and US-377 as part of the Bonnie Brave
project. Additionally there is already an interstate interchange at I-35W and
Vintage. This routing would also connect to TxDOT’s planned Loop 288 West that is
planned to terminate at I-35W and Vintage. The expense of this routing would be
lessened by the shorter distance and the less expensive flood prone farmland,
which would offset the additional cost of construction across a flood plain and
avoid the significant expense of taking and damaging homes along Brush Creek Rd.
Ryan Rd. Could be extended west of FM-1830 to this new routing of Hickory Creek
to provide additional network connectivity for the southern east-west movements.
3. The proposed bond program indicates Hickory Creek Rd. Is currently operating at
LOS D or worse. This LOS must be for the section of Hickory Creek east of Riverpass,
which is already under contract to be reconstructed to 4-lanes. the section of
Hickory Creek west of Riverpass operates at LOS A or B, except for the intersection
at FM-1839, which could be resolved with an intersection improvement.
4. I’m not sure why Hickory Creek between Riverpass and Teasley Lane is being
constructed now as a 4-lane section if the ultimate plan is to construct it as a 6-lane
section in the near future. 2. Based on data from the 2015 Mobility Plan, Hobson
Lane is more congested (currently carries more traffic and is projected to carry
more traffic than Ryan Rd. Or Hickory Creek Rd. Why is Hobson Lane not proposed
for improveents (to 4-lanes) in the 209 Bond Program?
7/10/19 John Davis 8016 Woodcreek Circle
Argyle, TX 76226
United States
I think the proposed route for the Hickory Creek Rd. Extension is flawed.
Was a routing for the westerly extension of Hickory Creek Rd., from an overpass
over the railroad west of Riverpass Northwesterly across the flood prone farmland
to th US-377 and Vintage Blvd., examined as an alternate route to that proposed?
7/10/19 John Davis 8016 Woodcreek Circle
Argyle, TX 76226
Further to my comments to you at your June 11, 2019 meeting regarding the
Proposed Hickory Creek Rd. Extension Project, attached is a rough sketch of an
17
United States alternate routing for the extension of Hickory Creek Rd. to US-377 and Vintage
Blvd., which would also connect it to I-35W and the planned Loop 288 West. I
believe this route is superior due to it:
1. Using an existing, in process 4-lane connection to an existing interchange
for I-35W.
2. Providing better connectivity for an east-west route with connections to I-
35W and the planned Loop 288 West.
3. Being shorter by approx. 1.5 mi. and lower cost R/W, which would off-set
the additional cost (or a major portion) of construction within the flood
plain and provide additional funding for the ultimate 6-laning of Vintage (I-
35W to US-377) (currently planned for 4-lanes due to funding availability).
4. Allowing for an extension and connection to Ryan Rd., which currently
“goes nowhere” on both ends.
5. Avoiding impact to existing homes along the route.
I have reviewed the planned layout of the Hunter and Cole Ranch developments
(please see second attachment) and do not see any real benefit to them or traffic
from the east (Teasley Lane Area) of a connection between their development and
Hickory Creek Rd. Traffic going from the developments to Denton or to I-35E would
simply travel north along I-35W; while traffic to Fort Worth, Dallas, Southlake,
Highland Park, Flower Mound, etc. would travel south on I-35W to a convenient
connection (FM 407, which is scheduled to be 4 or 6-laned between I-35W and US-
377, or FM 1171 or SR 114). My vehicle navigation systems advise me if I wish to
travel to I-35E from my home on Woodcreek Circle, I should travel north along US-
377 to I-35E and then south (not through the route of Hickory Creek Rd., Teasley
and Swisher to I-35E). It also appears, if the City, County and TxDOT were to build
the Allred Rd. connection between I-35W and US-377, they may be constructing a
large portion of a roadway the two developments are supposed to construct.
As I mentioned at your meeting of Jun. 11, 2019, I believe waiting for at least
completion of the Mobility Plan Traffic Model Update (currently in process and
scheduled for completion in April 2020) would be the best option for identifying
priority projects to include in a Bond Program. In lieu of that, the current 2015
Mobility Plan should be used to identify priority projects. For example, Hobson Lane
has a 2035 projected traffic of 20,000+ to 26,000+ Average Daily Traffic (ADT),
compared to Hickory Creek Rd. (with connection to FM 1830) of 8,000 to 22,000
ADT; to Bonnie Brae (University to Loop 288) of 12,000 to 13,500 ADT; and to
Robinson Rd. (Teasley to FM 2499) of 4,100+ to 4,500+ ADT. Hobson Lane has a
2035 projected traffic count higher than Hickory Creek Rd., Bonnie Brae St., and
18
Robinson Rd., but it is not included in the Proposed Bond Program. I believe Hobson
Lane should be added to the Proposed Bond Program.
Thank you for your attention to this very important matter to my neighbors and
me! If you have any questions about these thoughts and comments, please let me
know.
7/23/19 Betty Killion 321 Sky Meadow Lane
Denton, TX 76210
United States
I highly recommend the expansion of Robison from 2499 to Teasley and the
expansion of Hickory Creek Road. I drive these roads frequently and there is a lot of
traffic that flows through these roads
7/23/19 Gaye Swenn 1110 Buena Vista Drive
Denton, Texas 76210
United States
I back up to hickory creek road across from McNair elementary. Please do not go
larger than 4 lanes. If you do,I will lose half my yard that I have developed and
landscaped since 1997 when I moved here. All the money and time I have spent all
these years making a beautiful back yard will have been wasted.. my oasis will be
ruined!! Not to mention a 46,000 pound cellar that would have to be moved! Also,
it does not make sense to widen it until all of it can be widened at one time to
country club road as it will be more dangerous than ever..thank you.
7/24/19 Connor Neff 3117 Spenrock Ct
Denton, TX 76210
United States
With all the neighborhoods being built and zoned to be built in south denton the
hickory creek road from 2499 to 35w and ryan road from 2499 to country club
should be top priority. These roads get very congested and un safe and will
continue to become worse with the neighborhoods being built. The small 2 lane
rural roads were not designed to accommodate this many people we need to play
catch up there are to many houses being built and planned to be built in the next 5
years not to address the issue. Txdot has plans to widen country club so the city
should follow with plans to widen connecting roads.
Is ryan and hickory creek road and top priority for the city?
7/30/19 James Attaya 2906 Brookhollow Dr.
Denton, TX 76207
United States
Oakland St. should be completely rebuilt from where it intersects Locust St. on the
south end all the way to where it intersects Locust St. on the north end. Oakland St.
is one of only two gateway streets that leads to Texas Woman's University and it
has been in poor condition for years and years. The city will come in and patch a
few potholes and the potholes will be back in a month or less. The construction of
the parking garage and the renovation of Hubbard Hall on Oakland St. has lead to
even more deterioration because of heavy truck traffic. Prospective students,
parents, dignitaries, visiting professors, and other guests have to travel this Street
all the time. It is not very welcoming and puts the university and the city in a bad
light. The city should rebuild it in all concrete.
7/31/19 Margaret Campbell 1800 Wickwood Ct
Argyle , TX 76226
United States
I Strongly Disagree with widening Brush Creek Road! Why not widen 407????
Widening Brush Creek will lower property values in Hills of Argyle. These houses are
on at least one acre lots. Why would you want to lower their value? You already
19
seem to be working on Hickory Creek Road???? You just spent funds to put up a
much needed guardrail.
08/01/19 Ben Claybour 2010 Mistywood
Denton , Texas 76209
United States
Make existing drainage ditches into hike/bike trails as Councilman Metzler has
suggested!
08/04/19 Ray Price 3315 Sunnydale
Denton, Texas 76209
United States
Please do not raise taxes that would be horri v la and costs me moremoney. No
New Taxed Please.
20
Date: September 21, 2018 Report No. 2018-130
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Overview of recent efforts to provide historical context, modify, or remove the confederate soldier
memorial located on the Denton County Courthouse square.
BACKGROUND:
The Confederate memorial located on the south side of the Denton County Courthouse lawn was
erected in 1918 by the Daughters of the Confederacy in memory of the Denton County Confederate
soldiers who lost their lives during the Civil War. The memorial was dedicated on June 3, 1918.
The monument is located on Denton County property and falls under the jurisdiction of the Denton
County Commission. Due to the statue’s location, it is protected under the Denton County
Courthouse’s designation as a Texas Historical Landmark (designated in 1970) and a State
Antiquities Landmark (designated in 1981). Because of these designations, any alterations to the
site must be reviewed and approved by the Texas Historical Commission.
To help add historical context to the memorial, Denton County added a plaque in 2010 that reads,
“The monument stands as a reminder of historic events and is intended as a memorial to Denton
County citizens who sacrificed themselves for the community. Now, let this be a testimony that
God created all men equal with certain inalienable rights. We are all one, citizens of Denton
County.”
DENTON COUNTY CONFEDERATE MEMORIAL ADVISORY COMMITTEE:
In response to requests from the public and following events that occurred in Charlottesville, VA
in August of 2017, the Denton County Commission established the Denton County Confederate
Memorial Advisory Committee in November 2017. The mission of this committee was to:
Appropriately preserve the Confederate Soldier Memorial as a historic artifact,
Ensure that the recommendations from the Committee regarding preservation of the
Memorial do not violate or conflict with the guidelines established by the Texas Historical
Commission, the National Parks Service, and the American Alliance of Museums; and
Follow state and local preservation laws and best practices for any recommendations.
The 15 member advisory committee included a diverse group of representatives from across
Denton County (listed with their city of residence):
City of Aubrey: Roni Cade
City of Denton: John Baines (Committee Chairman), Mike Cochran, Kay Copeland, Judy
Flowers, Willie Hudspeth, Zenobia Hutton, Paul Meltzer, Alfred Sanchez, Howard Watt
Town of Flower Mound: Mark Bowlin, Donna Hernandez
City of Frisco: Fred Rogers
City of Lewisville: Roni Cade
City of Plano: Tim Trylovich
21
Date: September 21, 2018 Report No. 2018-130
The committee met 14 times between November 2017 and February 2018. Final committee
recommendations were made on February 1, 2018, with a 15-0 recommendation that included:
Keep the monument where it is currently located;
Add two outdoor video kiosks to display information that gives specific additional context
to honor all veterans from Denton County by name, talks about the race relations that have
occurred in Denton, and to “tell the good things that are going on in Denton;” and
Add a large plaque “with a strongly worded statement decrying slavery and the things
associated with slavery” under the arch.
County Commissioners unanimously approved the plan at their February 6, 2018, meeting. County
staff is currently developing a plan to implement the Committee’s recommendations. Staff will
provide updates as additional information is received from the County.
STAFF CONTACT:
Stuart Birdseye
Management Analyst
Stuart.Birdseye@cityofdenton.com
(940) 349-8009
22
Date: December 21, 2018 Report No. 2018-192
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Provide background information about the recent resolution passed by the City of Dallas to adopt
the Welcoming Dallas Strategic Plan.
BACKGROUND:
Council Member Armintor requested information regarding a recent resolution passed by the City
of Dallas on October 24, 2018 that establishes Dallas as a Welcoming City and formally adopts
the Welcoming Dallas Strategic Plan (Attachment 1).
Dallas is currently pursuing a “Welcoming City” certification designated by Welcoming America,
a national certifying non-profit organization. There are currently three certified Welcoming Cities
nationwide:
Dayton, Ohio
Louisville, Kentucky
Salt Lake City, Utah
The Dallas Office of Welcoming Communities and Immigrant Affairs was established in March
2017 to promote the successful inclusion of immigrants into the social and economic culture of
the Dallas community. To support this effort, Dallas budgeted $428,845 in the first year (FY 2017-
18), increased the budget to $623,124 this year (FY 2018-19), and currently projects a budget of
$635,827 for FY 2019-20. The office includes full-time employees to execute the operation of the
office.
Through this office, a Welcoming Plan Task Force, consisting of 85 community members
including immigrants and refugees, was created to develop the Welcoming Dallas Strategic Plan.
The office appointed community leaders across a wide spectrum of backgrounds to the taskforce.
The 44-page “Welcoming Plan” includes data and performance targets through the year 2021 for
civic, economic, linguistic, and social integration and inclusion for immigrants and refugees
residing in Dallas. The plan was written by the City of Dallas’ Office of Welcoming Communities
with research and technical assistance provided through the New American Economy and
Welcoming America organizations.
The Welcoming Plan outlines five overarching goals and 26 recommended strategies to achieve
those goals. Plan goals include:
Leadership and Communications: Local government is committed to being inclusive
and welcoming, and plays a central role in building local capacity while advancing
inclusion of diverse communities within its own agencies and bodies.
Safe, Healthy, and Connected Communities: Welcoming communities build
relationships among diverse communities, including newcomers and longer-term residents.
23
Date: December 21, 2018 Report No. 2018-192
They also foster trust and build relationships between diverse communities and local law
enforcement and safety agencies.
Equitable Access: Welcoming communities reduce barriers to services and participation
so that opportunities in the community are available to all residents.
Civic Engagement: Welcoming communities actively ensure that diverse populations
fully participate in civic life, including increasing access to leadership, citizenship and
community participation.
Economic Opportunity and Education: Welcoming communities harness the full
potential of all their residents. Everyone has the skills and assets to thrive, and economic
development systems are prepared to leverage new and existing talent. Welcoming
communities also ensure everyone has the education needed to succeed in school and the
workforce.
ATTACHMENTS:
1. Welcoming Dallas Strategic Plan
STAFF CONTACT:
Stuart Birdseye
Management Analyst
(940) 349-8009
Stuart.birdseye@cityofdenton.com
24
| 1
PLAN FOR CIVIC, ECONOMIC, LINGUISTIC
AND SOCIAL INTEGRATION & INCLUSION
2018-2021
WELCOMING DALLAS STRATEGIC PLAN
25
2 |
Dear Friends, Colleagues and Neighbors:
As Mayor, I am pleased to support Dallas’ efforts to become a welcoming,
inclusive city for all its residents, whether they were born in Texas, another
state, or a distant country. Our diversity is a true asset.
Research shows that immigrants are a major part of our growing
economy. They account for more than 40 percent of Dallas’ overall
population growth since 2011 and contribute to our vitality by starting
and building businesses, investing in neighborhoods, and coaching youth
sports, volunteering at schools and expanding our cultural offerings.
I applaud the Welcoming Plan Task Force, created by the Dallas Office
of Welcoming Communities and Immigrant Affairs, for the thoughtful
recommendations it developed to make Dallas more inclusive and
supportive of immigrants and refugees. The recommendations in this
report will help Dallas integrate new residents from around the world into
the social fabric of our city, so that we can benefit from their talents and
experiences as soon as possible.
Best Regards,
Michael S. Rawlings – Mayor of Dallas
26
| 3
Dear Fellow Dallasites:
When I first became Dallas City Manager, I learned quickly that this city
is home to a large, diverse, vibrant immigrant population. Today, one
in four Dallas residents was born in another country, and 42% of Dallas
households use a primary language other than English.
Immigrants comprise one-third of our employed labor force. This
significant, and relatively rapid, demographic change brings challenges,
but it also brings energy and optimism and entrepreneurism. People want
to live and work in Dallas, and that’s a good thing.
In recognition of the important role that immigrants play in the life of our
City, and to underscore Dallas’ commitment to inclusivity and diversity,
the City of Dallas established the Office of Welcoming Communities
and Immigrant Affairs (WCIA) in March 2017. Its role is to promote and
advance the economic, civic and social engagement of immigrants and
refugees residing in Dallas. I am glad to be working hand-in-hand with
the WCIA team and with individuals throughout Dallas to create a more
inclusive, resilient and welcoming community for all residents.
We thank you for joining us in our efforts to be a city of Empathy, Ethics,
Equity and Excellence and look forward to working with the residents
of Dallas and our team at the City to become a nationally certified
welcoming city.
To longtime residents and to newcomers, I say, welcome to a more
welcoming Dallas!
TC Broadnax – City Manager
27
4 |
TABLE OF CONTENTS
28
| 5
Introduction
Immigration in Dallas
The Dallas Office of Welcoming Communities
and Immigrant Affairs and the Welcoming Plan Task Force
Summary of Welcoming Plan Task Force Recommendations
The Way Forward
Welcoming Plan Recommendations
Timeframe
Acknowledgements
Appendix: New Americans in Dallas
7
8
10
12
16
18
28
30
32
29
6 | Introduction
DALLAS IS
WELCOMING
WHEN WE
EMBRACE OUR
DIVERSITY
30
| 7
A welcoming community is one in which
diversity is acknowledged, celebrated and
harnessed to improve the social, economic
and cultural opportunities of all residents.
Dallas is actively working across sectors
to establish a local welcoming framework
to integrate and engage immigrants and
refugees in every aspect of city life. The
City of Dallas is partnering with leaders
and representatives of local government,
businesses, nonprofit agencies, philanthropic
enterprises, academia, service providers,
faith-based groups and first responders to
build awareness of the economic and social
benefits of being a welcoming community,
and to develop strategies to realize that goal.
Nearly one-quarter of Dallas’ current
residents were born outside of the United
States. Between the years 2011 and 2016
Dallas’ foreign-born residents accounted
for 40 percent of Dallas’ population growth.
The integration of foreign-born residents is
critical to the social, cultural and economic
future of Dallas.
But newcomers cannot integrate into
communities by themselves. Integration
requires a partnership. Immigrants must
do their part – learn English, navigate the
job market, understand and follow the law
– and the receiving community must offer
inclusion, hospitality and hope. The idea is
simply that Dallas residents, from natives
to newcomers, must work together to
nurture and sustain a vibrant city that offers
rich cultural, educational and economic
opportunities to all. The purpose of this
document is to recommend a series of goals
and strategies that will help Dallas achieve
that vision. INTRODUCTION 31
8 |
IMMIGRATION IN DALLAS
Half of Texas’ total population growth between 2010 and 2016 can
be attributed to migration. Net domestic migration represented
approximately 32 percent of the total increase, and net international
migration accounted for 19 percent. Almost one in five (19.6 percent) of
those immigrants to Texas live in Dallas.
Between 2011 and 2016, the population in the City of Dallas grew 4.2
percent, with the foreign-born population accounting for 40 percent
of that total growth. As of 2016, approximately 318,000 of Dallas’
1.3 million residents were immigrants. Until 2017, Dallas was a major
refugee resettlement location, with close to 2,500 refugees arriving to
Dallas annually. The largest percentage of foreign-born residents are
from Latin America, and most of those entered the country prior to
2000. The most common countries of origin are Mexico, followed by
El Salvador, Honduras, India and Ethiopia. More than 70 languages are
spoken within the Dallas Independent School District.
Texas Cities Percentage
Houston
Dallas
Fort Worth/Arlington
Austin/Round Rock
San Antonio
McAllen/Edinburg/Mission
El Paso
Other
32.5
19.6
7.4
6.3
6.2
5.4
5.0
17.4
WHERE IMMIGRANTS LIVE IN TEXAS
32
| 9
Top five countries
of origin for immigrants
living in the city:
Total population
1,268,905 → 1,321,656
Immigrant population
296,520 → 317,756
7.2%
Mexico
El Salvador
Honduras
India
Ethiopia
24%
4.2%Immigrant share of
the population, 2016
Between 2011 and 2016,
the population in the city
grew 4.2%.
The immigrant
population
increased 7.2%.
1
3
2
4
5
.........
......
.......
............
.........
Other
countries
of origin
25.5%
Mexico
61.8%
5.6%
2.8%
1.6%
61.8%
2.7%
317,756Number of immigrants
living in Dallas in 2016:
• Immigrant households in Dallas earned $7.9 billion in 2016.
• Foreign-born households contributed $1.9 billion in federal taxes
and $591.1 million in state and local taxes.
• Foreign-born workers contributed $847.7 million to Social Security
and $218.9 million to Medicare.
• Immigrants make up about one-third of Dallas’ employed labor
force and 24 percent of its science, technology, engineering and
math workers.
• Immigrants are overrepresented among the city’s entrepreneurs;
they are 24 percent of the population and one-third of its
entrepreneurs.
• The 20,405 immigrants who own their own business generated
$495.9 million in business income.
• Immigrants helped to create or preserve 14,617 local manufacturing
jobs in 2016.
• The population eligible for the Deferred Action for Childhood
Arrivals (DACA) program held nearly $700 million in spending
power.
• In 2016, the 63,396 DACA-eligible immigrants in the Dallas area—
of whom 93.4 percent were employed — paid $89 million in federal
taxes and $72 million in state and local taxes.
• International students, including many from China, India and
Burma, supported 1,962 local jobs and spent $150.3 million in the
2016-2017 academic year.
A recent study by New American Economy revealed immigrants’
tremendous economic contributions to Dallas and the region:
In recognition of the important presence of immigrants and refugees
in Dallas, and upon recommendation of the 2016 Mayor’s Task Force
on Poverty, the City of Dallas established the Office of Welcoming
Communities and Immigrant Affairs (“Dallas WCIA”) in March 2017.
It aims to promote the civic, social and economic engagement of
immigrants in Dallas and to build bridges between Dallas’ diverse
immigrant communities and long-term residents. The director of Dallas
WCIA reports directly to the Dallas City Manager.
Immigration in Dallas
33
10 |
The City of Dallas WCIA office has searched for, and found, resources
to help develop its capacity to fully integrate immigrants. It became
a member of Welcoming America, a national organization leading the
movement to create more immigrant-inclusive communities. WCIA has
received technical assistance through its membership in Welcoming
America, and collaborated with Cities for Action, the New Americans
Partnership and the Cities for Citizenship Campaign. As a result of
active participation in these networks, and its work with local leaders
across a broad spectrum of business, faith-based, civic, social service
and academic organizations, Dallas earned a Gateways for Growth
Challenge award from New American Economy and Welcoming
America. The award included original research that resulted in a recent
report, New Americans in Dallas, which appears in Appendix A.
IMMIGRANTS ACCOUNT FOR NEARLY ONE THIRD
OF THE CITY’S ENTREPRENEURS. THE 20,405
IMMIGRANTS WHO OWN BUSINESS GENERATED
$495.9 MILLION IN BUSINESS INCOME.THE DALLAS OFFICE
OF WELCOMING
COMMUNITIES AND
IMMIGRANT AFFAIRS
AND THE WELCOMING
PLAN TASK FORCE
While these national partnerships offer ideas, encouragement and
technical assistance, the actual work of integration takes place within
communities and neighborhoods and schools. From March 2017 to
June 2018, Dallas WCIA has participated in 343 community events,
meetings, fairs, panel discussions and other activities, reaching
approximately 23,030 attendees. Dallas WCIA staff also has sought
insights from community leaders who regularly welcome and work
with immigrants and refugees. An initial survey with faith-based, legal,
and other service providers and educators detailed the barriers facing
immigrants and what Dallas can do to help improve the quality of life
for immigrant residents.
NATIONAL PARTNERSHIPS
COMMUNITY ENGAGEMENT IN DALLAS
34
| 11
BIGGEST BARRIERS TOP 5 GREATEST NEEDS WHAT CAN DALLAS DO?
PRELIMINARY SURVEY RESULTS
Fear of immigration enforcement
Lack of English language skills
Poverty/Lack of resources
Transportation
Affordable housing
Knowledge of rights and
preparedness information
Access to civil immigration
legal services
Access to and utilization of
available services & benefits
ESL, Literacy and Citizenship
instruction
Promotion of U.S. Citizenship
1
2
3
4
5
1
2
3
4
5
1
2
3
4
5
Community outreach between law
enforcement & government leaders
Celebrate contributions of
immigrants & refugees
Promote & provide ESL &
U.S. Citizenship instruction
Support diversity initiatives &
include immigrants
Break down social & economic barriers
After that initial outreach, Dallas WCIA formed a Welcoming Plan
Task Force to develop formal recommendations to integrate
immigrants fully into city life. The Dallas WCIA Welcoming Plan Task
Force includes 85 members from a wide variety of backgrounds and
professions, many of whom had not met previously. Tailoring efforts to
the Dallas community, the task force sub-divided into five committees
that address the issue areas required for Welcoming America’s
national certification as a welcoming community: Civic Engagement;
Economic and Educational Opportunity; Safe, Healthy and Connected
Communities; Leadership and Communications; and Equitable Access.
The full task force met monthly beginning in December 2017 to learn
about issues impacting the Dallas immigrant and refugee communities,
city policy initiatives, existing city services and barriers to equitable
access and participation. Task Force members engaged with Dallas
residents through listening sessions, site visits and informational
interviews. These listening sessions revealed the following barriers that
prevent immigrants in Dallas from fully integrating into the community:
• Fear of going about daily activities due to heightened federal
immigration enforcement policies
• Language barriers
• Lack of acceptable identification
• Difficulty in understanding “paperwork” such as leases,
contracts, bills
• Lack of awareness of or access to information about topics such as
starting a business, organizing a neighborhood group, etc
• Lack of knowledge of legal rights
• Lack of civics knowledge; awareness about engagement with city
leaders
From this community-driven process, task force members developed
a set of detailed recommendations, summarized below and explained
fully at the end of this report, to encourage equitable access to city
and educational services and full integration into civic and social life.
The Dallas Office of Welcoming Communities and Immigrant Affairs and the Welcoming Plan Task Force
35
12 |
SUMMARY OF WELCOMING PLAN TASK FORCE RECOMMENDATIONS36
| 13
LEADERSHIP AND COMMUNICATIONS
GOAL
Local government is committed to being
inclusive and welcoming, and plays a central
role in building local capacity while advancing
inclusion of diverse communities within its
own agencies and bodies.
RECOMMENDATIONS
1. Develop community awareness about the
economic, social and cultural contributions
immigrants make, and the benefits Dallas
derives from being an inclusive community.
2. Develop and maintain a comprehensive
directory/database of services and
resources for immigrants and refugees.
3. Create partnerships with local, state and
federal agencies, the business community
and philanthropic entities to address
changing needs related to evolving
immigration policy.
4. Enhance understanding and trust between
long-term residents of Dallas and immigrant
communities.
SAFE, HEALTHY, AND CONNECTED
COMMUNITIES
GOAL
Welcoming communities build relationships
among diverse communities, including
newcomers and longer-term residents.
They also foster trust and build relationships
between diverse communities and local law
enforcement and safety agencies.
RECOMMENDATIONS
1. Provide training about diverse populations
and establish ongoing dialogue with first
responders and public safety officials
to foster trusting relationships between
immigrants and law enforcement.
2. Educate immigrants about their rights
and responsibilities and raise awareness
through on-going education throughout the
community of sensitive locations pursuant
to federal policy guidance.
3. Improve health care accessibility and
understand and address needs of
immigrants and refugees.
4. Convene a coalition of mental health care
experts to coordinate and address services
provided in the City of Dallas.
5. Partner with philanthropy to provide civil
immigration services and rights information
programs.
6. Bring diverse groups together to celebrate
and foster cultural, artistic and recreational
interaction between Dallas’ long-term and
newer residents.
EQUITABLE ACCESS
GOAL
Welcoming communities reduce barriers
to services and participation so that
opportunities in the community are available
to all residents.
RECOMMENDATIONS
1. Develop and utilize data-driven
approaches to conduct equity analyses
for decision-making processes and ensure
implementation of inclusive policies for
Dallas residents in coordination with other
relevant offices.
2. Implement and oversee a City language
access plan, including access to safety
services/alerts and staff training.
3. Support efforts by the City to simplify and
increase access to city services for
all residents of Dallas by implementing a
multi-use city identification card.
4. Work in partnership to improve housing
accessibility and work to prevent housing
discrimination.
5. Work in partnership to foster partnership
programs to achieve equitable access to
health care.
6. In partnership with mobility solutions
experts, work to improve transportation
accessibility in Dallas.
The Welcoming Plan Task Force Summary of Recommendations
37
14 |
CIVIC ENGAGEMENT
GOAL
Welcoming communities actively ensure that
diverse populations fully participate in civic
life, including increasing access to leadership,
citizenship and community participation.
RECOMMENDATIONS
1. Increase the number of Dallas immigrants
who become naturalized U.S. citizens.
2. Increase knowledge of how local
government works and how to access
services for immigrant communities in
Dallas.
3. Enhance levels of civic participation and
leadership among immigrants in Dallas.
4. Promote participation in the 2020 Census
to ensure maximum participation.
5. Promote voter education and registration
among new citizens.
6. Raise awareness in immigrant communities
of the unauthorized practice of
immigration law and other predatory
practices impacting immigrant consumers.
ECONOMIC OPPORTUNITY
AND EDUCATION
GOAL
Welcoming communities harness the full
potential of all their residents. Everyone has
the skills and assets to thrive, and economic
development systems are prepared to
leverage new and existing talent. Welcoming
communities also ensure everyone has the
education needed to succeed in school and
the workforce.
RECOMMENDATIONS
1. Establish welcoming hubs as community
gathering and educational centers
for immigrants to access information,
resources and opportunities.
2. In partnership, bring to-scale workforce
systems that increase skill development
and career pathways to improve immigrant
integration in the economy.
3. Remove barriers to immigrant families
to ensure full access in all educational
opportunities that exist in the City of
Dallas and promote learning at all levels.
4. Participate in partnership opportunities
to support the financial literacy needs of
immigrants.
The Welcoming Plan Task Force Summary of Recommendations
38
| 15
39
16 |
THE WAY FORWARD40
| 17
Moving forward, Dallas is striving to become a certified
“Welcoming City” by the national certifying non-profit
organization, Welcoming America. There are currently
three certified cities in the nation (Dayton, Louisville, and
Salt Lake City) and Dallas WCIA is working diligently to
become the next.
While national immigration policy focuses on interdiction
and deportation, communities like Dallas are working to
demonstrate the longtime American ideal of welcoming
immigrants. For decades, people around the world
have revered the United States for its hospitality and its
opportunities. Dallas will continue to honor that tradition.
This city has many compatriots in this effort: according
to Welcoming America, one in eight Americans lives in
places considered to be welcoming communities, places
that actively seek to include and engage their foreign-born
residents.
Full integration does not happen without effort, from
both the receiving population and the newcomers. It
takes work and good will. We can find common ground
by sharing our arrival stories — most Americans have
one — of grandparents who fled pogroms in Russia,
an ancestor forced onto a slave ship, a parent who
crossed the Rio Grande with a goal of finding work. We
find hope by reaching out, acknowledging our shared
humanity, learning about our different customs and
cultures, and realizing we all want to live in a safe, vibrant,
compassionate city where children grow up in peace and
families prosper. No matter where we came from, we are
all neighbors now. E Pluribus Unum.
And we know that when one person moves forward in
Dallas, we all move forward. Cuando uno de nosotros sigue
adelante en Dallas, todos seguimos adelante.
41
18 |
The Welcoming Standard, as developed
by the Welcoming America organization,
provides a comprehensive guide for building
more cohesive and equitable communities
and fostering connections between newer
immigrants and long-time residents. It also
sets benchmarks for accountability and
innovation so that city efforts can be scaled
and measured in relation to established
priorities that include:
• Public Safety
• Mobility Solutions, Infrastructure
and Sustainability
• Human and Social Needs
• Quality of Life
• Government Performance and
Financial Management
The Welcoming Standard includes strategies
for sustaining a welcoming plan, such as:
• Engaging longer-term residents
• Setting goals, monitoring impact and
adjusting strategies as needed
• Designing for equity and inclusion.
• Implementing in partnership
The Dallas Welcoming Communities Task Force
produced the following recommendations and
strategies for implementing a Welcoming Plan
in the City of Dallas.WELCOMING PLAN RECOMMENDATIONS42
| 19
RECOMMENDATIONS
Develop a community awareness campaign about the
economic, social and cultural contributions immigrants
make, and the benefits Dallas will derive from being an
inclusive community
STRATEGIES
• Hold listening sessions and focus groups with immigrants and refugees to
understand the challenges and benefits of living in Dallas.
• Enlist partners, including the business and philanthropic sectors, to launch
a community awareness campaign, #WelcomingDallas and #BeGolden, to
emphasize the ways immigrants and refugees enrich our city and contribute
to the local economy.
• Identify key messages for different audience segments and the most
effective media channel for reaching those audience segments.
• Enlist influential leaders in the receiving community (business and civic
leaders, etc.) to serve as spokesmen and women who can explain the
benefits of being a welcoming community.
• Actively seek out or create opportunities for media coverage of immigrant-
related stories, such as holding naturalization ceremonies at City Hall, etc.
• Promote welcoming and inclusive culture via public proclamation or resolution.
Develop a Directory/Database of Services and Resources
for Immigrants and Refugees as a welcoming guide that
helps newcomers more easily access services and resources
STRATEGIES
• Survey the landscape to learn what already exists.
• Identify immigrant and refugee leaders, including youth leaders, to serve
as community ambassadors to help identify needs and provide resource
information.
• Find a “home” or administrator for the directory, so that it is regularly
updated and reviewed for accuracy, etc.
Create partnerships with local, state and federal agencies,
private sector and philanthropic organizations to address
changing needs related to evolving immigration policy
STRATEGIES
• Brief City Council members and commission members on demographics and
local immigrant and refugee issues and serve as a resource when elected
officials need information.
• Build relationships with other partners, including city staff and other public
agency officials, such as Dallas and Richardson ISD, Parkland Health &
Hospital System leaders, Dallas County, etc.
• Develop opportunities to work with business associations or chambers of
commerce, professional societies, etc.
• Engage with other citywide, grass-roots organizations to discuss the
benefits of becoming a welcoming city and fully integrating newcomers.
Enhance understanding and trust between long-term
residents of Dallas and immigrant communities by
creating shared experiences
STRATEGIES
• Hold annual Thanksgiving dinners to bring newcomers and long-term
residents together to celebrate a cherished American tradition.
• Coordinate volunteer opportunities for diverse communities to collaborate
and work together.
• Sponsor community gardens in partnerships, use transit systems to explore
the city, hold cultural celebrations, art exhibits and engage in community
clean-up, soccer tournaments, Ciclovía and other activities that allow
groups to become more familiar with diversity beyond their immediate
neighborhoods, place of worship, and workspace.
• Participate in recreational events in Dallas for families to gather on multiple
weekends throughout the year and use as an opportunity to raise awareness
about community and family services.
• Work in partnership to welcome international guests to Dallas with protocol
office.
PARTNERS
Business and philanthropic sectors, Dallas residents, Dallas media outlets,
elected officials, service providers, local, state and federal officials.
LEADERSHIP AND COMMUNICATIONS
Commitment on behalf of city leaders to being inclusive and
welcoming by advancing local capacity building efforts while
advancing inclusion of the diverse community within the City.
Welcoming Plan Recommendations
43
20 |
RECOMMENDATIONS
Develop and utilize data-driven approaches to conduct
equity analyses for decision-making processes and work
to ensure implementation of inclusive policies for Dallas
residents in coordination with other relevant offices
STRATEGIES
• Review city policies concerning government leadership, equitable access,
civic engagement, cultural inclusion, education, economic development,
neighborhood development, and public safety for implicit bias and ensure
equitable consideration of immigrant residents and visitors.
• Undertake a systematic review of local laws, codes, policies, and
practices to determine whether such policies (i) exclude or disenfranchise
immigrants; or (ii) exclude residents based on facets of the identity,
including gender, race, ability, age, religion or sexual orientation.
• Revise any policies found to run counter to ((i)-(ii)) above.
• Implement a process to regularly review and improve local policies to
strengthen immigrant inclusion.
Implement and oversee a City language access plan
to remove linguistic barriers to participating in Dallas
life and community engagement, while providing staff
training
STRATEGIES
• Improve language access to information and services.
• Ensure language access across city departments with the goal of expanding
equitable access to programs, services, and activities.
• Undertake an assessment of the language needs of the community with
the goal of providing access to (i) important information including safety,
emergency, and alert services; (ii) housing, transportation and health
information and services; (iii) all City services; (iv) legal and non-profit
resources; (iv) educational and work force training opportunities. Implement
and operationalize a language policy that meets the needs identified.
• Publicize and market the policy in a way that emphasizes the diversity and
inclusiveness of our community. Upgrade, enhance, and publicize existing
services such as 311, 211texas.org, northtexasfamilies.org, helpfinders.org.
• Create partnerships with others who can assist in translation and resources.
Support effort by the City to simplify and increase
access to city services for all residents of Dallas
by implementing a multi-use city identification card
STRATEGIES
• Conduct an assessment of the ways a multi-use City ID would improve the
quality of life for Dallas residents.
• Determine the financial costs and other feasibility issues in developing a
multi-use City ID card.
• Seek wide community support for a multi-use City ID card.
• Provide funding and the authority to administer a multi-use City ID program
to be accepted by the City for enumerated city services.
EQUITABLE ACCESS
Welcoming Dallas reduces or eliminates the barriers to accessing
services, programs and activities, so that the opportunities of the
community are available to all residents.
Welcoming Plan Recommendations
44
| 21
Improve access to Housing in partnership with
community-based organizations, Dallas Fair Housing,
Texas Fair Housing Authority
STRATEGIES
• Ensure that the comprehensive housing plan includes the integration of
immigrants and other diverse populations into all neighborhoods
of Dallas.
• Dedicate a portion of affordable housing development requirements for the
unsubsidized population and require developers to incorporate unsubsidized
low-income housing into all financing plans.
• Promote the value of working with immigrants in providing
low-income housing; remove barriers to renting apartments.
• Support tenant efforts to hold owners accountable for substandard
properties and assist in disseminating discrimination policies and access to
legal remedies.
In partnership, actively work to foster partnership
programs to achieve equitable access to health care
STRATEGIES
• Host dialogues on how to address fear and toxic stress that are impacting
daily life and well-being of Dallas families.
• Establish a network of accessible community-based primary care clinics, in
under-serviced areas and areas with high immigrant concentrations.
• Advocate for language access services during medical and behavioral
health visits.
Improve mobility and transportation options for all Dallas
residents and include immigrants in the inclusion process;
this would be done in partnership with Dallas Office
of Transportation, DART, corporate philanthropy, and
community organizations
STRATEGIES
• Expand services and a seek a reduction in fare prices to provide supportive
public transportation to all low-income residents of Dallas.
• Better utilize existing city and community resources in addressing
transportation needs.
PARTNERS
Service providers, City of Dallas departments, philanthropic sectors,
Dallas residents, elected officials, public transit authorities, public
housing authorities, real estate associations, tenant associations,
service providers, local, state and federal officials.
Welcoming Plan Recommendations
45
22 |
RECOMMENDATIONS
Implement and Increase access to justice
for immigrants and refugees
STRATEGIES
• Create an informational clearinghouse for information and access to legal
and non-profit assistance and engagement with the law enforcement
community.
• Overcome language barriers in the court system and the prosecutor’s office.
• Create public/private partnerships to provide civil immigration legal services
for indigent respondents.
Facilitate and strengthen relationships between public
safety departments and Dallas immigrant communities
through a “Safe Connections RoundTable” series while
providing training on interacting with diverse populations
STRATEGIES
• Monthly meetings between the DPD, DFD, and Dallas WCIA staff; secure
approval and cooperation from DPD Chief and DFD chief.
• Establish the topics and data to be covered and provided at each meeting.
• Establish time and place for the meetings for the calendar year.
• Promote education/hold classes on municipal laws, human trafficking, and U
visa policy to educate the immigrant community on issues that impact their
quality of life in Dallas.
• Coordinate in partnership Dallas Resident Police Academies in
multiple languages.
Educate communities about their rights and
responsibilities as well as federally designated
sensitive locations
STRATEGIES
• Map the sensitive locations and resource materials that explain the meaning
of being a sensitive location for community distribution.
• In partnership, convene classes about legal rights and responsibilities.
SAFE, HEALTHY AND
CONNECTED COMMUNITIES
Welcoming Dallas builds relationships among diverse
communities, including newcomers and longer-term residents.
It also fosters trust and builds relationships between diverse
communities and local law enforcement and safety agencies.
Across city departments, Dallas WCIA actively engages in outreach and
dialogue to help build bridges within the community and to inform community
members about the importance of reporting crime and options that may exist
for victims of crime. Community engagement with collaborative partners like
the Dallas Police Department Unidos program to alleviate fears and increase
the quality life of Dallas residents.
PARTNERS
First responders, public safety officials, service providers, City of
Dallas departments, philanthropic sectors, Dallas residents, elected
officials, service providers, local, state and federal officials.
Welcoming Plan Recommendations
46
| 23
RECOMMENDATIONS
Increase the number of Dallas immigrants who become
naturalized U.S. citizens by hosting bi-annual citizenship
workshops with community collaborators
STRATEGIES
• Coordinate the #MyDallas Citizenship Campaign with key partners
throughout the City.
• Conduct free, large-scale naturalization workshops at the Dallas Public
Libraries and other venues on a quarterly or semi-annual basis where a
diverse group of volunteers can assist immigrants to apply for naturalization.
• Establish Citizenship Corners in all Dallas Public Library branches and equip
Citizenship Corners with wide a range of information helpful to immigrants
and refugees.
• Maintain active membership with national partner organizations also
dedicated to promoting U.S. citizenship, such as: New Americans Campaign
(NAC), Cities 4 Citizenship (C4C), National Partnership for New Americans
(NPNA) and U.S. Citizenship and the Immigration Services Citizenship Grant
Program.
• Partner with businesses to assist lawful permanent resident employees with
the process of citizenship, using New American Workforce as a model.
• Create citizenship loan programs by working with credit unions and lending
circles to establish low-interest loans to pay for naturalization application fees.
• Encourage release time for City of Dallas employees to participate in WCIA-
sponsored events, including City Hall Naturalization Ceremonies; Citizenship
and DACA application workshops; and other large-scale events.
• Include in City of Dallas’ Texas Legislative Agenda a request for state
funding for naturalization promotion efforts as exists in numerous other
states with large immigrant populations.
CIVIC ENGAGEMENT
Welcoming Dallas actively ensures that diverse populations fully
participate in civic life, including increasing access to leadership,
citizenship and community participation.
Increase Knowledge of Local Government among
Immigrant Communities of Dallas
STRATEGIES
• Create an Outreach Speakers Bureau of long-term U.S. citizens and public
officials (mayor, city manager, city councilmembers, police chief, sheriff,
judges, district attorney, city attorney) to educate new immigrants on major
aspects of local government including: city and county roles and jurisdictions;
relationship to state and federal government; law enforcement organization
and roles; courts structure and organization; and many other topics.
• Promote the free Text4Refugees text messaging platform.
• Collaborate with Dallas Police Department UNIDOS community policing
speakers and expand program to include other cultural leaders and
languages.
• Partner with 311 and other city departments to communicate topical
information about city life.
• Involve the Mayor of Dallas and Councilmembers in high- profile activities
that underscore the importance of U.S. citizenship, such as speaking at
naturalization ceremonies, giving media interviews or participating in PSA.
• Establish a Community Ambassadors Program to include new citizens to
further promote the #MyDallas Citizenship Campaign.
• Engage with immigrants and refugees in coordinating and promoting
citizenship civics classes and ESL classes
Welcoming Plan Recommendations
47
24 |
Promote Voter Education and Registration
Among New Citizens
STRATEGIES
• Assist in the coordination of Citizenship Corners at Dallas Public Library
to ensure they are well-supplied with voter registration and educational
materials.
• Promote voting through existing mass mailings such as utility bills, and
other local government mailings.
• Coordinate with community organizations dedicated to promoting the
right to vote.
• Participate at voter registration booths at USCIS Naturalization Ceremonies
and other public events.
Enhance Levels of Civic Participation and
Leadership Among Immigrants
STRATEGIES
• Create a City of Dallas New Citizens Leadership Academy, modeled after
New American Leaders, as a learning opportunity for new citizens to master
skills necessary to:
1. Run for local, state, and/or federal office
2. Hold community leadership positions
3. Advocate for public policies supportive of immigrant families
• Develop community councils, comprised of a cross section of immigrants and
refugees from around the City to gather input and recommendations from
their respective community for presentation to City Council and the Mayor.
• Promote community service opportunities for immigrants and refugees
through linkages to existing volunteer placement programs, such as
Corporation for National and Community Service (CNCS), AmeriCorps,
VISTA, Senior Corps, Volunteer Now and others.
• Encourage immigrants and refugees to volunteer at naturalization workshops.
• Involve new citizens in voter registration drives in their own immigrant
communities.
• Establish a WCIA Volunteer Coordinator position to match immigrants and
refugees with nonprofit organizations where they will learn skills to enhance
their employability.
• In partnership with City protocol office, develop and foster existing
relationships with sister cities around the world.
Promote Participation in the 2020 Census
to Ensure Maximum Participation
STRATEGIES
• Participate in all activities of the Mayor’s Complete Count Committee.
• Conduct early and widespread outreach to familiarize immigrants and
refugees with the 2020 Census and the importance of it.
• Coordinate efforts with counterpart Immigrant Affairs offices throughout
the U.S. to identify effective strategies and best practices for ensuring
participation in the 2020 Census and privacy protections.
Welcoming Plan Recommendations
• Bring together key stakeholders and “influencers” into the 2020 Census
outreach efforts early to deliver positive messages about the census.
MyDallas Citizenship Application Workshop held at the central library in
downtown Dallas. Promotion of citizenship is integral to the work of inclusion.
Research shows that individuals, families and the communities where they live
stand to gain through naturalization. Dallas WCIA and its partners are
expanding citizenship efforts in Dallas to simplify the process and improve the
lives of Dallas residents.48
| 25
Raise Awareness in Immigrant Communities of the
Unauthorized Practice of Immigration Law (UPL) and
other predatory practices impacting immigrant consumers
STRATEGIES
• Maintain constant and repetitive messaging warning immigrants and
refugees about “notaries” and the unauthorized practice of immigration law.
• Regularly update and circulate the Dallas WCIA pamphlet, “Guide to
Immigration Legal Service Organizations in North Texas Recognized by
the U.S. Department of Justice”.
• Ensure that Dallas Public Libraries’ Citizenship Corners are stocked with
materials advising about the unauthorized practice of law and immigration
scams.
• Build relationship with consumer-related prosecuting entities such as the
State Bar Unauthorized Practice of Law Committee, the Texas Attorney
General’s Office, the Federal Trade Commission and others.
PARTNERS
First responders, public safety officials, service providers, City of
Dallas departments, philanthropic sectors, educators, Dallas residents,
elected officials, service providers, local, state and federal officials.
DACA is a Prime Example of Integration and Inclusion
The Dallas metropolitan area has the third largest number of residents with
Deferred Action for Childhood Arrivals (DACA) across the United States.
Given their income, DACA-eligible immigrants contribute significantly to state
and local taxes, including property, sales and excise taxes. They are highly
engaged in community affairs and the employment rate of DACA-eligible living
in Dallas in 2016 is 93.4%. As part of the #MyDallas campaign, WCIA plans to
expand efforts to include coordinating DACA Renewal clinics with nonprofit
and philanthropic partners so that all eligible recipients apply to receive
protection from deportation, work authorization, and the ability to continue
contributing in the formal economy.
Welcoming Plan Recommendations
49
26 |
ECONOMIC OPPORTUNITY
AND EDUCATION
Welcoming Dallas harnesses the full potential of all residents.
Everyone has the skills and assets to thrive, and economic
development systems are prepared to leverage new and existing
talent. Welcoming Dallas ensures everyone has the education
they need to succeed in school and the workforce.
RECOMMENDATIONS
In partnership, bring to-scale workforce systems that
increase skill development and career pathways to
improve immigrant integration in the economy
STRATEGIES
• Help immigrant and refugee service providers augment services and
resources tailored to assisting immigrants and refugees in breaking barriers
to workforce entry.
• Leverage existing resources in Dallas County to improve job training and
promote entrepreneurial development.
• Work in partnerships, to provide credential evaluation to transition
qualified immigrants into stable jobs/trades and skill appropriate workforce
involvement.
• Increase immigrant and refugee involvement across the full spectrum of
newcomer services and agencies focusing on economic and educational
opportunities.
• Leverage partnerships to create opportunities for immigrant and first
generation college youth to apply for internships and apprenticeships.
• Conduct asset mapping of economic, educational, and transportation access
gaps for immigrant residents.
• Work in partnership to promote workforce and skills development.
• Work in partnership with economic development chambers and other
partners to encourage and provide technical assistance to small and
minority-owned businesses to become vendors to bid on City projects.
• Promote growth for immigrant and minority businesses and work with EB5
Program to stimulate economic development in opportunity areas.
• Develop a plan to support current and future immigrant- owned businesses.
• Conduct outreach on resources for starting business in Dallas and facilitate
programs that augment entrepreneurial initiatives in immigrant communities.
• Support efforts to fight wage theft cases for immigrants.
• Develop curriculum in technological skills and competencies in multiple
languages.
• Participate in partnership opportunities to support the financial literacy
needs of immigrants.
PARTNERS
Workforce Solutions of Greater Dallas, DCCCD, Texas Workforce
Commission Adult Education and Literacy programs, philanthropy,
employers, city and county.
Welcoming Plan Recommendations
City of Dallas is committed to “service first” philosophy to all its residents.50
| 27
Establish welcoming hubs
STRATEGIES
• Assess welcoming locations to create a human-centered digital platform of
resources.
• Create a community space for collaboration/awareness of existing resources
among community-based organizations and service providers.
• Create a network of community organizations by county.
• Develop an online portal for all Dallas residents interested in international
affairs, providing calendars of events and useful resource guides.
• Promote the availability of quality information and counseling to immigrant
families regarding higher education and vocational opportunities.
• Provide information on civil rights and legal resources.
• Publish a basic guide for newcomers.
• Provide workshops to help parents understand pathways to college.
• Establish one-stop shops where immigrant entrepreneurs can get
information on navigating licensing and other processes
• Support immigrant entrepreneurs in the tech economy by working with
universities and private industry to access information and networks.
• Provide reliable information on important issues and service needs, such as:
tax preparation, authorized immigration legal services, proper vs predatory
lending, how to avoid real estate and healthcare scams, how to recognize
predatory for-profit educational programs and many others.
Remove barriers to immigrant and refugee families to
promote learning and ensure full access in all educational
opportunities that exist in the City of Dallas
STRATEGIES
• Work in partnership to provide expanded subsidized preschool/daycare and
early childhood programs servicing diverse populations.
• Work in partnership to provide parent workshops about education and
college opportunities throughout the City in multiple languages.
• Ensure that English language learning opportunities are available
throughout the City in convenient and safe locations.
• Utilize public libraries and welcoming hubs as a center point to promote the
resources available for newcomers in different languages.
• Partner with educational service providers to promote a covered college
education for Dallas high school students.
• Organize events to encourage the international community to share
experiences/knowledge.
• Create mentorship opportunities between seasoned immigrant professionals
and newcomer families.
• Help immigrant students transition into the U.S. school system, enabling
them to engage with the appropriate curricula and succeed academically.
• Work with Parent Teacher Associations (PTAs) in public schools to be more
encouraging and inviting of immigrants and refugees.
PARTNERS
RISD/DISD’s Newcomer’s program to ensure services are provided
to volunteers, teachers, and administrators, Dallas Public Library,
Carrollton-Farmers Branch, Coppell, Duncanville, Garland, Highland
Park, Mesquite, Plano, Richardson, DISD, Irving, colleges universities
nonprofit after school organizations, and business development
training centers.
Welcoming Plan Recommendations
51
28 |
The Welcoming Dallas Plan includes a
broad set of actions that are prioritized
as short-term, mid-term and long-term
and grouped in three categories. TIMEFRAME 52
| 29
SHORT TERM 1-2 YEARS MID TERM 2-3 YEARS LONG TERM 3+ YEARS
WELCOME, NEIGHBOR WELCOME, NEIGHBOR WELCOME, NEIGHBOR
CONNECTING DALLAS
CONNECTING DALLAS
CONNECTING DALLAS
FORWARD TOGETHER FORWARD TOGETHER
FORWARD TOGETHER
• Launch community awareness campaign and actively
seek out opportunities for media coverage for
immigrant related stories
• Host naturalization ceremonies
• Enhance understanding and trust between long-term
residents of Dallas and immigrant communities by
creating shared experiences
• Maintain comprehensive directory
• Increase the number of Dallas immigrants who become
naturalized U.S. citizens
• Promote participation in the 2020 Census
• Ensure that English language learning opportunities
are available throughout the City in convenient and
safe locations
• Establish welcoming hubs
• Revitalize sister city relationships
• Create youth taskforce on welcoming & promote
next-gen leadership
• Promote higher education and workforce opportunities
• Enhance levels of civic participation and leadership
among immigrants
• Remove barriers to immigrant and refugee families to
ensure full access in all educational opportunities that
exist in the City of Dallas
• Raise awareness throughout the community of the
federally-designated sensitive locations
• Develop and oversee a language access plan
• Support endeavors to research & launch a City ID
program
• Identify & revise policies that may exclude or
discriminate
• Partner with philanthropy & service providers
regarding civil immigration services and rights
information programs
• Raise awareness of the unauthorized practice of
immigration law and other predatory practices
• Utilize data-driven approaches to conduct equity
analyses with other relevant offices
• Implement and increase access to justice for
immigrants and refugees
• Improve housing accessibility
• Improve transportation accessibility
• Collect data to conduct an equity analysis for decision
making processes
• Improve health care accessibility
• Collect and utilize data-driven approaches to conduct
equity analyses for decision-making processes with
other relevant offices
• Promote voter education and registration among new
U.S. citizens
• Raise awareness of and improve immigrant integration
in workforce systems and improve U.S. professional
licensing processes
• Promote growth for immigrant and minority businesses
• Engage local, governmental, business, and civic
leaders to elevate the myriad benefits of being a
welcoming and diverse city
• Create partnerships to address changing needs related
to evolving immigration policy
• Create partnership opportunities to support the
financial literacy needs of immigrants
• Review and revise as needed
• Establish a city office to house immigrant integration
efforts
• Establish a welcoming city employee resource group
• Expand Dallas civic engagement and leadership
opportunities
• Establish and maintain ongoing dialogue with first
responders and public safety officials
• Increase knowledge of local government for immigrant
communities in Dallas
• Engage local, governmental, business, and civic
leaders to elevate the myriad benefits of being a
welcoming and diverse city
• Create partnerships to address changing needs related
to evolving immigration policy
• Participate in partnership opportunities to support the
financial literacy needs of immigrants
Timeframe
53
30 |
ACKNOWLEDGMENTS
WCIA thanks the following Dallas leaders for their commitment and contributions to
developing the Welcoming Plan Recommendations for the City of Dallas.
Ghazwan Abdullah, Seek the Peace
Hanna Alexander, Equal Justice Center
Luis Arango, J.D., Catholic Charities of Dallas
Nicolas Argueta, American Salvadoran Association
Virginia Arteaga-Haid, Global Economic Development
Dallas County Community College District
Ann Badmus, Esq., Immigrant Journey Awards
Charles Barker, MD, Compassionate DFW
Karen Bassett, League of Women Voters
Graham Bateman, Justice for Our Neighbors
Syl Benenson, National Council of Jewish Women
Bill Bernstein, Mosaic Family Services
Bill Betzen, The School Archive Project
Dr. Watt Black, Southern Methodist University, Simmons School
Ing. Erik Burgos, North Texas Dream Team
Felicitas Cadena, UNIVISION
Victor Carrillo, Zion Oil & Gas
Jason Clarke, Seek the Peace
Laura Collins, Esq., George W. Bush Institute
Isabelle Collora, Homeward Bound
Isabel Colunga, Injury Prevention Center of Greater Dallas
Harry Davis, First Unitarian Church of Dallas
Catrina Dawson, Unite Greater Dallas
Angela Downes, UNT Dallas College of Law
Lenita Dunlap, Heart House
Linda Abramson Evans, United Nations Association Dallas
Hector Flores, League of United Latin American Citizens
Sara Fox, Richardson Independent School District
Alfonso Franco, Proyecto Inmigrante
Juan Garcia, SMU Dedman School of Law student
Dr. Patty Garcia, Latino Center for Leadership Development
Prisma Garcia, Social Venture Partners
Yolette Garcia, Southern Methodist University, Simmons School
Michelle Garza Pareja, RAICES
Tom Gibbons, Compassionate DFW
Dr. Jessica Gomez, Momentous Institute
Rebecca Greenan, Esq., UNT Dallas College of Law
Christina Hanger, Dallas Afterschool
Claudia Hermann, Asociación de Mujeres Empresarias
y Profesionales
Jin-Ya Huang, Break Bread Break Borders
Larry James, CitySquare
Tiffany Jelke, International Rescue Committee
Kavita Khandekar Chopra, Esq., Human Rights Initiative
Irma Kusuma, Greater Dallas Asian American Chamber
Brenda Kirk, The National Immigration Forum
Brenda Lepenski, Foundation Communities
Dr. Hilda Loria, UT Southwestern Medical Center and
Children’s Health
David Lozano, Cara Mia Theater
Rene Martinez, League of United Latin American Citizens
Mark Masepohl, UNIVISION
Cheryl McCarver, Community Council of Greater Dallas
Dr. Margo McClinton Stoglin, CRM & Associates, LLC;
Advising and Consulting Services
Regina Montoya, Esq., Dallas Mayor’s Poverty Task Force
Lissette Moreno, Peace & Justice Ministry
Janet Morrison-Lane, PhD, Vickery Meadow Youth
Development Foundation
Jennifer Nagorka, Freelance Writer
Dr. Walter Nguyen, Mosaic Family Services
Dr. Javier Olguin, Eastfield College
WELCOMING PLAN TASKFORCE
Mirjana Omeragic, Mosaic Family Services
Sarah Papert, Literacy Achieves
Edurne Pineda, Consulate General of Mexico
Cheryl Pollman, National Council of Jewish Women
Dr. Alina Ponce, Momentous Institute
Angelica Portillo, Dallas Afterschool
Maria Powers, The Wilkinson Center
Daniel Prescott, Transformance
Nina Rafiq, Parkland Hospital
Diana Ramirez, Workers Defense Project
Leonid Regheta, Project Start
Cristal Retana, Children’s Health
Edward Retta, Cross Culture Communications
Sr. Patricia Ridgely, Sisters of St Mary of Namur
Marissa Rodriguez, Injury Prevention Center
Daley Ryan, International Rescue Committee
Jaynie Schultz
Blake Schwarz, Park Cities Presbyterian Church
Joel Schwitzer, American Jewish Committee Dallas
Dr. Irwin Segal, Family Medical Physician
Dr. Michael Sorrell, Paul Quinn College
Shelli Stephens Stidham, Injury Prevention Center
Martha Stowe, Vickery Meadow Youth Development Foundation
Jamila Thomas, Dallas Independent School District
Claudia Torrescano, Dallas Independent School District
Nubia Torres, Catholic Charities of Dallas
Leticia Tudon, The Concilio
David Villalobos, Texas Organizing Project
Rev. Michael Walsh, Dallas Area Interfaith
Kasey Yanna, Dallas Independent School District
Acknowledgments
54
| 31
M a y o r : Mike Rawlings
Mayor Pro Tem/District 3: Casey Thomas II
Deputy Mayor Pro Tem/District 2 : Adam Medrano
District 1: Scott Griggs
District 4:
District 5: Ric key D. Callahan
District 6 : Omar Narvaez
District 7: Kevin Felder
District 8: Tennell Atkins
District 9: Mark Clayton
District 10: B. Adam McGough
District 11: Lee Kleinman
District 12: Sandy Greyson
District 13: Jennifer Staubach Gates
District 14: Philip T. Kin gs ton
City Manager: TC Broadnax
City Manager’s Office Executive Team, City Departments,
and Mayor’s Staff
Office of Welcoming Communities and Immigrant Affairs
Director: Mary Elizabeth (Liz) Cedillo-Pereira, Esq.
Senior Program Manager: Vanna Slaughter, LCSW
Community Outreach Specialist: Yolanda Ramirez
2018 Interns/Next Gen Leaders: Mirka Estrada, Jenny Yuhun
Myung, John Reaves, Alice Vyukusenge
Welcoming America, New American Economy and
all collaborating partners, Felicia Carrillo Escobar and
Monica Fuentes
Photography: Kael Alford, Rooha Haghar
Design: El Creative Advertising & Design, Jessie Martinez,
Jacob Johnstonbaugh
MANY THANKS TO OUR
CITY LEADERS FOR SUPPORT
AND LEADERSHIP
55
32 |
City Council Approved Resolution (18-1520) – October 24, 2018
56
| 33
City Council Approved Resolution (18-1520) – October 24, 2018
CONTINUED
57
34 |
APPENDIX
New Americans in Dallas
A Snapshot of the Demographic and Economic
Contributions of Immigrants in the City1
POPULATION GROWTH24+76R
Immigrant share of
the population, 2016
Top five countries of origin for
immigrants living in the city:
Number of immigrants living
in Dallas in 2016:
Growth in the
foreign-born
population
accounted for
40.3%
of overall
population growth during
that period.317,756
Between 2011 and 2016,
the population in the city
grew 4.2%.
The immigrant
population
increased 7.2%.
Total population
1,268,905 → 1,321,656
Immigrant population
296,520 → 317,756
7.2%
Mexico . . . . . . . . . . . . . . . . . . . . . . . . .61 .8%
El Salvador . . . . . . . . . . . . . . . . . . . . .5 .6%
Honduras . . . . . . . . . . . . . . . . . . . . . .2 .8%
India . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 .7%
Ethiopia . . . . . . . . . . . . . . . . . . . . . . . . .1 .6%
1
3
2
4
5 62+6+3+3+2+24Other countries of origin
25.5%
Mexico
61.8%
24%
4.2%40.3%
58
| 35
New Americans in Dallas
2
SPENDING POWER & TAX CONTRIBUTIONS
Amount earned by
immigrant households
in 2016:
$7.9B
$1.9B went to federal taxes.2
Given their income, immigrants contributed significantly to state and local taxes,
including property, sales, and excise taxes levied by state or municipal governments.
Leaving them with $5.4B
in spending power.4
$591.1M went to state and local taxes.3
Immigrants also support
federal social programs.
In 2016, they contributed $847.7M
to Social Security and $218.9M
to Medicare.Social Security
$847 .7M
Medicare
$218 .9M
59
36 |
3
New Americans in Dallas
Walter Nguyen
SPOTLIGHT ONLABOR FORCE GROWTH
Although the foreign-born made up 24% of
the city’s overall population, they represented
31.6% of its working-age population, 31.5% of its
employed labor force, and 23.9% of its STEM
workers in 2016.
24 .0%Population
Immigrant shares of the...
31 .5%Employed labor force
31 .6%Working-age population*
23 .9%STEM workers**
* Working-age refers to people ages 16-64 years old .
** STEM refers to Science, Technology, Engineering, and Math fields .
Immigrants play a critical role in several
key industries in the city. This includes:70+30P69.6%Share of workers in the
industry who were
foreign-born in 2016
Construction
43.5%
41.1%
37.9%
27.2%
41.1%
37.9%
27.2%
General Services5
Manufacturing
Accommodation & Recreation
Professional services6
24%Share of population
I n 1982, at age 31, Walter Nguyen made his fifth
and final attempt to escape Vietnam . Prior
attempts had landed him in jail, but he did not have
a choice . Food was scarce, and because he had
worked as a press officer for U .S .-backed South
Vietnamese forces, the communist government
had a target on his back . “I was constantly being
spied on,” says Nguyen . “So I looked for a way to
escape, and find freedom, and rebuild my life .”
America gave him that opportunity . In Wisconsin,
where he first settled, Nguyen became a bilingual
social worker and earned a master’s degree in
social work . He later received a PhD, as well as a
distinguished alumni award, from the University of
Texas at Arlington .
Nguyen had moved to Texas in 1989 to be close to
his fiancé and brother . He got a job as a program
manager at the East Dallas Counseling Center, and
in 1993 was promoted to executive director . During
his tenure, he launched an ambitious expansion in
which he started a refugee health and emergency
services program; added a 30-bed shelter for
domestic violence victims; formed an anti-human
trafficking initiative; and created a counseling
department and a legal unit to guide people
through family and immigration court . Today, the
organization is called Mosaic Family Services and
serves over 15,000 north Texans, a quarter of
whom were born in the United States .
“I consider what I do social entrepreneurship,”
he says . “I apply a business model toward social
services, promoting results, effectiveness, and
efficiency . But our bottom line is people,
not money .”
Nguyen attributes the organization’s success to
his background as a refugee . “Services are most
effective when the provider understands the
culture and the language of the client,” he says .
“They instantly gain trust if they know you’ve
shared their experience .” His background as a
refugee also taught him perseverance . “If you
can overcome the initial adjustment and lack of
resources to obtain an education—that’s powerful .
The American dream is always there,” he says . “As
long as you work hard and are helpful to others .”
ED, Mosaic Family Services
60
| 37
New Americans in Dallas
4
Construction Workers . . . . . . . . . .29 .7%
General services8 . . . . . . . . . . . . . . .21 .1%
Professional services9 . . . . . . . . . . . 15 .9%
Transportation . . . . . . . . . . . . . . . . . .7 .7%
Retail Trade . . . . . . . . . . . . . . . . . . . . .6 .7%
Other . . . . . . . . . . . . . . . . . . . . . . . . . .18 .9%
LABOR FORCE GROWTH CONT.
ENTREPRENEURSHIP
14,617local
manufacturing jobs
that would have otherwise
vanished or moved elsewhere.7
Because of the role immigrants
play in the workforce helping
companies keep jobs on U.S.
soil, we estimate that, by 2016,
immigrants living in the city had
helped create or preserve...
Dallas Businesses, 2012 Sales Revenue, 2012
Number of Paid Employees, 201210
African American-owned $1.3B 7,928
Asian-owned $5B 27,050
Hispanic-owned $3.5B 20,278
32.2%
Immigrant share of entrepreneurs
24.0%
Immigrant share of the population
Despite making up 24% of the overall population,
immigrants represented 32.2% of the entrepreneurs
in Dallas in 2016.
Immigrant entrepreneurs tended to
concentrate in these industries in 2016:
About 20,405 immigrants
worked for their own businesses
in 2016, generating $495.9M
in business income.
30+21+16+8+7+18
1
3
2
4
5
6
61
38 |
5
New Americans in Dallas
Dallas Businesses, 2012 Sales Revenue, 2012
Number of Paid Employees, 201210
African American-owned $1.3B 7,928
Asian-owned $5B 27,050
Hispanic-owned $3.5B 20,278
EDUCATION
local jobs and spent . . .
1,962
3,179
students who were
enrolled in Dallas
colleges and universities
during the fall of 2015
were temporary resi-
dents.11 International
students supported...
$150.3M
in the 2016-2017 academic year .12
SPOTLIGHT ON
Immigrants are less likely
to have a bachelor’s degree
or higher.
13.6%
of U .S .-born
7.4%
of Immigrants
Share of population over age 25
with an advanced degree:
Advanced degree
38.8%
of U .S .-born
18.2%
of Immigrants
Share of population over age 25
with a bachelors degree or higher:
Bachelor’s degree or higher
Alex Medrano
A lex Medrano was 11 years old when his mother brought him to
the United States from Mexico in search of a better education,
an opportunity Medrano fast took advantage of . By his sophomore
year of high school, he was taking college classes, and by graduation
he had 62 hours of college credit and was tutoring peers in algebra
and trigonometry . His mother, who had fled a violent husband,
single-handedly supported her two children by cleaning houses .
Medrano’s goal was to become an electrical engineer . He enrolled
at the University of Texas at Arlington after high school, but had to
drop out due to financial barriers . To help fund college and support
his family, Medrano began working as a teller at Wells Fargo . As he
advanced—he became a personal banker after just eight months—
he developed a new focus: helping people in the community improve
their financial situation .
“One of my biggest passions is helping people who don’t realize
they can do so much with their lives, to buy a house or build credit,”
Medrano says . “I love getting them through the process . It’s amazing
how much you can change a life .”
Medrano—who has since re-enrolled in school—now advises small
businesses and entrepreneurs on launching their projects . He also
volunteers financial planning advice to members of the Hispanic
Contractor’s Association and the Dallas Chamber of Commerce .
“Since 2014, I’ve been creating a little bit of a career,” he says .
Medrano is now leaning toward more community-oriented work . “I
volunteer at a food pantry and attend city council meetings to share
updates with my customers . I would love to work for a nonprofit and
educate people in need about their finances .”
Unfortunately, Medrano’s ability to continue offering his financial
services could be at risk . Medrano is one of more than 226,000
Texans who have Deferred Action for Childhood Arrivals (DACA),
a program that provides qualifying undocumented immigrants
brought here as children with temporary legal status but that is
slated to end in March 2018 .
“We want to develop ourselves here and make this country better,”
Medrano says . “If we lose that opportunity, there’s a lot of
potential lost .”
The American dream is always there,” he says . “As long as you work
hard and are helpful to others .”
Financial Planning Advisor
62
| 39
New Americans in Dallas
6
NATURALIZATION
Share of immigrants in Dallas who were
naturalized citizens in 2016.
This constituted 85,098 people.
26.8%
Naturalized
Share among those who were not citizens but
potentially eligible for naturalization in 2016.
This constituted 47,288 people.
20.3%
Potentially eligible
HOUSING WEALTH
43.6% of the U.S.-born owned their own homes.
In 2016,42.2%
of immigrants in
Dallas owned
their own homes,
compared with57.2%
who rented.
The total property
value of immigrant
households was$11.2B.
Their total
annual rent was $734.1M.
42+57+1RImmigrant
households
Homeowners
No response
Renters
63
40 |
7
New Americans in Dallas
In 2015, 92.6% of immigrant
households in Dallas had bank
accounts, compared with 94.9%
of U.S.-born households.
FOREIGN-BORN
Checking Only Both Checking and SavingsSavings OnlyNo Checking or Savings
7 .4%
94 .9%92 .6%
2 .4%
25 .7%72 .0%
BANKING13
Main methods of paying bills as cited by immigrants, 201537+30+12+21B37.4% - Electronic Payment via Bank
29.6% - Personal Check
11.6% - Debit Card
1
3
2
In 2015, these shares
reported having
applied for a bank
loan or line of credit
the previous year:
26.9% of immigrant households stated
that their monthly income hassmall variation
month to month.
U.S.-born
20 .0%
Foreign-born
14 .7%
The income of immigrant households in
the city remains relatively stable.
In 2015,70.2%
of immigrant households
reported their income
remained roughly the same
each month.
64
| 41
New Americans in Dallas
8
CONTRIBUTIONS OF THE DACA-ELIGIBLE
Amount earned by DACA-
eligible households
in 2016:
$859.7M
$89M went to federal taxes.
Given their income, DACA-eligible immigrants contributed significantly to state and local taxes,
including property, sales, and excise taxes levied by state or municipal governments.
Leaving them with $698.6M
in spending power.
$72.0M went to state and local taxes.
About 10.7% of the DACA-eligible population
ages 25 and above had at least a bachelor’s
degree in the metro area.
The DACA-eligible population with a bachelor’s
degree or above tend to concentrate in these
industries in the metro area:
18+13+10+59
1
3
2
Educational Services . . . . . . . . . . . .17 .9%
Finance and Insurance . . . . . . . . . . .13 .0%
Professional Services14 . . . . . . . . . .10 .4%
Other industries
58.7%
Top 5 Industries for the DACA-Eligible in the
Dallas Metro Area:
22.3%
16.0%
13.8%
6.9%
6.8%
Tourism, Hospitality, & Recreation
Retail Trade
Construction
Administrative Support
Healthcare & Social Assistance
Number of DACA-eligible living in the
Dallas metro area in 2016
Employment rate of DACA-eligible living
in the Dallas metro area in 2016
63,396 93.4%
65
42 |
9
New Americans in Dallas
22+19+16+10+10+23
The median household income of
the refugees in the city was $39,000
in 2016.
9
REFUGEES
16+84P16.1%Share of refugees in
Dallas with a bachelor’s
degree or higher, 2016
6+94P5.5%Share of refugees in
Dallas with an advanced
degree, 2016
Refugees in Dallas tend to concentrate in
these industries in the city:
Retail . . . . . . . . . . . . . . . . . . . . . . . . . .21 .6%
Manufacturing . . . . . . . . . . . . . . . . . .18 .9%
Healthcare . . . . . . . . . . . . . . . . . . . . .16 .4%
Transportation . . . . . . . . . . . . . . . . .10 .4%
Professional Services16 . . . . . . . . . .9 .6%
1
3
2
Other industries
23.1%
REFUGEE WORKERS
58.7%Share of refugees in Dallas who
were naturalized citizens in 2016.
5.2% Share of immigrants in Dallas
who were likely refugees in 2016.15
This constituted 16,609 refugees.
4
5
Retail
21.6%
66
| 43
New Americans in Dallas
10
1 Unless otherwise specified, data comes from 1-year samples of the American Community Survey from 2011 and 2016 and figures refer
to the City of Dallas.
2 U.S. Congressional Budget Office. 2016. “The Distribution of Household Income and Federal Taxes, 2013.”
3 Institute on Taxation and Economic Policy. 2015. “Who Pays? A Distributional Analysis of the Tax Systems in All Fifty States.”
4 Estimates are based on federal tax rates from the U.S. Congressional Budget Office, and state and local tax rates from the Institute on
Taxation and Economic Policy.
5 General services include personal services (e.g. laundry services, barber shops, and repair and maintenance), religious organizations,
social services, and labor unions.
6 Professional services: Most of these industries include professions that require a degree or a license, such as legal services,
accounting, scientific research, consulting services, etc.
7 Vigdor, Jacob. 2013. “Immigration and the Revival of American Cities: From Preserving Manufacturing Jobs to Strengthening the
Housing Market.” New American Economy. This report found that every 1,000 immigrants living in a county in 2010 created or
preserved 46 manufacturing jobs there. We apply that multiplier to the size of the foreign-born population in Dallas in 2016 to produce
our estimates. Jobs in the manufacturing sector are defined by the North American Industry Classification System, which includes a
wide range of industries such as food, machinery and electronic manufacturing.
8 General services include personal services (e.g. laundry services, barber shops, and repair and maintenance), religious organizations,
social services, and labor unions.
9 Professional services: Most of these industries include professions that require a degree or a license, such as legal services,
accounting, scientific research, consulting services, etc.
10 2012 Survey of Business Owners, U.S. Census Bureau
11 Data on total student enrollment in the county is derived from the Integrated Postsecondary Education Data System maintained by the
National Center for Education Statistics. Temporary residents refer to people who are not U.S. citizens or permanent residents.
Schools counted in the City of Dallas analysis include the Art Institute of Dallas; Dallas Baptist University; Dallas Christian College;
Dallas Community College District, El Centro College; Dallas Community College District, Mountain View College; Dallas Community
College District, Richland College; Dallas Theological Seminary; Parker University, College of Chiropractic; Paul Quinn College;
Southern Methodist University; The University of Texas Southwestern Medical Center; and Wade College.
12 Economic data is derived from the International Student Economic Value Tool maintained by NAFSA, the association of international
educators.
13 2015 Current Population Survey, U.S. Census Bureau
14 Professional services: Most of these industries include professions that require a degree or a license, such as legal services,
accounting, scientific research, consulting services, etc.
15 New American Economy. 2017. “From Struggle to Resilience: The Economic Impact of Refugees in America.”
16 Professional services: Most of these industries include professions that require a degree or a license, such as legal services,
accounting, scientific research, consulting services, etc.
ENDNOTES
67
44 |
68
FOR IMMEDIATE RELEASE
Ryan Adams (940) 349-8565 Ryan.Adams@cityofdenton.com
OUR CORE VALUES
Integrity Fiscal Responsibility Transparency Outstanding Customer Service
ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989
City of Denton Encourages Participation in National Night Out Events
Events are scheduled on Monday, Sept. 30 and Tuesday, Oct. 1
DENTON, TX, Aug. 8, 2019 – The City of Denton, Denton Police Department, Denton Fire
Department, and other City departments will participate in two National Night Out events on
Monday, Sept. 30, and Tuesday, Oct. 1, 2019. Residents are encouraged to attend the Citywide
Kickoff or host a National Night Out Neighborhood Party.
Attend the Citywide Kickoff Party
New to this year is the Citywide Kickoff Party which will be hosted the day before National
Night Out to allow residents another option to meet public safety and local government officials.
Residents are invited to attend this community celebration from 5:30 to 8:30 p.m. on Monday,
Sept. 30 at the Denton Civic Center (321 E. McKinney St.). Join first responders and City
officials and staff for an evening of free food, drinks, carnival games, and more. This family-
friendly kickoff is an opportunity for everyone in our community to gather the day before
National Night Out.
Host a Neighborhood Party
If you or your neighborhood would like City staff (including the Police or Fire Department) to
attend your National Night Out gathering on Tuesday, Oct. 1, please fill out the registration form
available at www.cityofdenton.com/nno. The deadline to register and ensure a visit from City
departments is Friday, Sept. 13.
About National Night Out
National Night Out is a community event to raise awareness about community policing in our
neighborhoods. Across Denton, neighborhoods, homeowners’ associations, and citizens’ groups
will hold block parties and barbecues to encourage neighbors to get to know each other and local
law enforcement agencies and help make their community safer.
The City of Denton has been an active participant in National Night Out events for the past
several years and enjoys getting to know citizens at gatherings throughout Denton. While some
neighborhoods hold large parties, others join in by turning on their front porch light in support of
each other and law enforcement. No matter the size of the event, National Night Out is about
strengthening neighborhood spirit.
To continue to foster community awareness and strengthen citizen engagement, the City will
have staff from various departments visit registered community events during National Night
Out. Elected officials and staff from Police, Fire, Utilities, and more will be on-hand to visit with
residents and talk about City services and programs.
69
2
###
Visit www.cityofdenton.com for more news and to stay updated.
70
THE CITY OF DENTON PRESENTS
HOST A NATIONAL NIGHT OUT
NEIGHBORHOOD PARTY
OCT. 1 • 6—9P.M.
BRING YOUR NEIGHBORS TOGETHER & INVITE CITY STAFF
REGISTER BY SEPT. 13: WWW.CITYOFDENTON.COM/NNO
National Night Out is an annual community-building event that gives you
the chance to get to know your neighbors and meet the Denton Police
Department, the Denton Fire Department, and other City staff.
ATTEND THE KICKOFF PARTY
PUBLIC SAFETY FAIR • COMMUNITY COOKOUT • FAMILY FUN
SEPT. 30 • 5:30—8:30 P.M.
MEET YOUR DENTON NEIGHBORS & CITY STAFF
(Free hot dogs & drinks while supplies last!)
DENTON CIVIC CENTER • 321 E. MCKINNEY ST.
ADA/EOE/ADEA • TDD: (800) 735-2989 • www.cityofdenton.com • Pub. 07/19
71
72
Date: August 9, 2019 Report No. 2019-154
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Provide information related to a joint effort by several municipalities in Texas, led by the City of
McAllen, concerning Small Cell Node litigation (SB 1004 from 2017) and the possible amendment
to the litigation to include the Telecom Franchise Fees statue (SB 1152 from 2019).
DISCUSSION:
Summary
During the legislative work session on July 23, Council Member Briggs requested additional
information related to a joint effort by several municipalities in Texas concerning Small Cell Node
litigation (SB 1004 from 2017) and the possible amendment to the litigation to include the Telecom
Franchise Fees statue (SB 1152 from 2019). The City of McAllen is the lead client in this joint
litigation engaging the firm of Bickerstaff Heath Delgado Acosta LLP. The attached descriptions,
provided by the firm, briefly summarize the two bills and the argument for legal challenge
(Attachment 1).
Cities wishing to participate in the joint litigation must authorize and execute a letter of
representation with the firm, in addition to agreeing to a Conflict of Interest Disclosure and
Agreement. The City of McAllen has established an account to pay the law firm’s fees and
expenses after they are incurred and billed. The participating cities are charged an initial
assessment by the City of McAllen based upon an amount equal to $0.15 per resident of the city
as shown by the 2010 federal census; however, if the initial assessment is not sufficient to complete
the litigation, additional contributions may be necessary. At the end of the litigation, any funds
remaining will be returned proportionately to the participating cities
Status
On March 29, 2019, the City of McAllen, with 40 other plantiffs named, filed a second amended
petition versus the State of Texas in the District Court of Travis County, Texas (Attachment 2).
The group is working to draft an amended petition to also challenge the constitutionality of SB1152
along the same grounds.
ATTACHMENTS:
1. Summary Descriptions for SB 1004 (2017) and SB 1152 (2019)
2. McAllen, et al v. State Second Amended Petition
STAFF CONTACTS:
Sarah Kuechler, Director of Public Affairs
(940) 349-8356
sarah.kuechler@cityofdenton.com
Aaron Leal, City Attorney
(940) 349-8376
aaron.leal@cityofdenton.com
73
Date: August 9, 2019 Report No. 2019-154
REQUESTOR: Council Member Briggs
PARTICIPATING DEPARTMENTS: Public Affairs, Legal
STAFF TIME TO COMPLETE REPORT: 1 hour
74
SB 1004 Summary
As telecommunications providers move from 4G to 5G technology, they will rely more on
small cells rather than the now familiar macro towers located throughout a town to send and receive
cell phone wireless signals. Small cells or network nodes are smaller antennas, have a much
smaller range, and are located closer to the ground. They can be placed on light poles, street signs,
signal light poles, and similar types of poles. They will be fairly numerous, often located only a
few hundred feet apart. While the antenna may be relatively small, other associated equipment
associated with the network node may consume as much as 28 cubic feet, and ground-based
equipment may be as large as 42 cubic feet.
S.B. 1004 gives telecom providers the right to use the public right-of-way to install and
maintain network nodes and sets an annual maximum annual rental rate that the city may charge
of $250 per node. The plaintiffs’ expert will testify that the market value for the use of the right-
of-way is between $1,500 and $2,500 per node. TxDOT commissioned an analysis to determine
what it should charge for access to the state right-of-way, and that study concluded that the fair
market rental value was $2,640 per year.1
When the current Texas Constitution was adopted in 1876, the framers adopted at least
three separate provisions designed to prohibit the then prevalent practice of local governments
donating public money and property to entice the railroads to come to their communities. While
designed to address the Nineteenth Century practice relating to railroads, the provisions are not
limited to a particular industry or practice, and in the Twenty-first Century, the same issue is
presented by legislation such as SB 1004, which mandates a gift of public property to for-profit,
private companies through a transfer of public assets at a rental rate of roughly ten cents on the
dollar. We believe this is a violation of the Texas Constitution’s article XI, section 3 (prohibiting
cities from making gifts of public property to corporations), and article III, section 52 (prohibiting
the legislature from authorizing cities to make such a gift).
Additionally, while the statute leaves cities with the ability to enforce its ordinances against
small cell installations in some circumstances, it gives providers the right to construct and install
network nodes “as a permitted use without the need for a special use permit or similar zoning
review and not subject to further land use approval.” TEX. LOC. GOV’T CODE, § 284.101(a). We
believe this is an improper delegation of governmental power to a private entity.
1 Although TxDOT is not covered by SB 1004, it decided shortly before being called to testify before the
Senate Business and Commerce Committee, that it would charge the SB 1004 rates rather the fair market
value rate computed by it expert.
75
1
SB 1152
While SB 1004 jeopardizes future revenue for cities, SB 1152 eliminates an existing
revenue stream. Basically, it says that if a telecom provider and a cable company have common
ownership, then, beginning in 2020, instead of paying franchise fees for both telecom and cable,
it will only pay the higher of the two. The determination of which is higher is determined on a
statewide basis for each carrier, so it may not reflect the reality of which fee is higher in your city.
It will mean that for those providers who offer both telecom and cable (or, even if those services
are offered by two different companies that have a common owner), the city will receive one
franchise fee for the use of its ROW rather than two. According to the fiscal note attached to the
bill, the estimated losses to Texas cities would be:
Houston $17.1-27.5 million
Dallas $9.2 million
San Antonio $7.9 million
Austin $6.3 million
Arlington $2.8 million
Sugar Land $1.2 million
Plano $0.734 million
Denton $0.670 million
Waco $0.373 million
The Colony $0.235 million
The fiscal note did not address the impact on smaller cities; however, the potential loss,
although relatively small compared to a Houston, San Antonio, or Dallas, may well make up a
much larger percentage of the city’s revenues and can have an extreme impact.
Constitutional Issues Raised by SB 1152
Gift or Grant
We believe that SB 1152 has much the same flaw under the Texas Constitution as SB 1004.
Article III, section 52, of the Texas Constitution prohibits the legislature from authorizing cities to
grant anything of value to a corporation. This provision was adopted in the 1876 Constitution in
response to the post-Civil-War actions of communities offering cash or land to entice the railroad
to come to their city.
In earlier statutes the legislature has set a value on the use of the municipal ROW. For
cable, the fee is 5% of gross revenue. Utilities Code, § 66.05(a); see also, 47 USCA § 542(b). For
telecoms, the fee, known as an access line fee, is determined by a statewide formula based in large
part on the franchise fees cities received in 1998. Tex. Loc. Gov’t Code, §§ 283.051 and 283.055.
While the access line fee is not specifically tied to a percentage of revenues, it is indirectly related
to revenue generation since the 1998 fees on which the formula is based were often determined as
a percentage of the revenue generated by the company in the city.
76
2
Under SB 1152, an independent telecom (i.e., one that doesn’t have common ownership
with a cable provider) pays the full access line charge to the city, and an independent cable
company (i.e., one that is not owned by a telecom provider) pays the city 5% of its gross revenues.
On the other hand, the larger companies that own both cable and telecom (e.g., AT&T, which owns
U-Verse cable) will pay only one fee its use of the ROW and will have the use for the other purpose
for free. We believe giving free use of the ROW to a favored group—in this case the larger and
more dominant companies—is an unconstitutional gift under article III, section 52.
77
CAUSE NO. D-1-GN-17-004766
CITY OF MCALLEN; CITY OF
DALLAS; CITY OF PLANO; CITY OF
GARLAND; CITY OF IRVING; CITY
OF AMARILLO; CITY OF
BROWNSVILLE; CITY OF
MCKINNEY; CITY OF SUGAR LAND;
CITY OF MISSION; CITY OF PHARR;
CITY OF COPPELL; CITY OF
DUNCANVILLE; CITY OF WESLACO;
CITY OF SAN BENITO; CITY OF
ALAMO; CITY OF MIDLOTHIAN;
CITY OF HIGHLAND VILLAGE; CITY
OF SEAGOVILLE; CITY OF ALTON;
CITY OF RED OAK; CITY OF
BOERNE; CITY OF ROMA; CITY OF
ROCKPORT; CITY OF LA FERIA;
TOWN OF FAIRVIEW; CITY OF
LUCAS; CITY OF BALCONES
HEIGHTS; CITY OF SOUTH PADRE
ISLAND; CITY OF OLMOS PARK;
CITY OF ESCOBARES; TOWN OF
WESTLAKE; CITY OF SIMONTON;
CITY OF HEWITT; CITY OF
HIDALGO; CITY OF WEBSTER; CITY
OF GRANBURY; CITY OF ROANOKE;
CITY OF CHINA GROVE; and JIM
DARLING, in both his official capacity as
Mayor of the City of McAllen and
individual capacity,
Plaintiffs,
v.
THE STATE OF TEXAS
Defendant.
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IN THE DISTRICT COURT OF
TRAVIS COUNTY, TEXAS
353rd JUDICIAL DISTRICT
PLAINTIFFS' SECOND AMENDED PETITION
3/29/2019 3:21 PM
Velva L. Price
District Clerk
Travis County
D-1-GN-17-004766
Daniel Smith
78
McAllen, et al v. State Page 2 of 27
Second Amended Petition
I. INTRODUCTION
Since the time of its framing in 1876, the Texas Constitution has jealously guarded and
preserved the resources and power of the government. This is demonstrated with unmistakable
clarity in the Constitution’s prohibitions against gifting public funds or other things of value to aid
the commercial interests of a private enterprise and against the delegation of legislative power to
private entities without providing for adequate standards of exercise or oversight.
Notwithstanding these constitutional prohibitions, SB 1004 seeks to require Texas
municipalities to forego arm’s-length negotiation and instead grant private wireless providers the
use of the public right-of-way for a gratuitously-small fraction of the market rate. The legislation
also places legislative powers relating to zoning and the management of municipal right-of-way in
the hands of private entities without providing guidelines for, or oversight over, the exercise of
these essential municipal police powers.
In mandating this result, the Legislature has not only violated the anti-gift and non-
delegation provisions of the Texas Constitution, but would make cities and their officials complicit
in these transgressions by having them administer and sanction the transfer of wealth of as much
as hundreds of millions of dollars from municipal coffers to private telecommunications
companies each year and by having them abandon their obligations to the public by relinquishing
their responsibilities for implementing effective zoning measures and right-of-way management.
Taxpayers in these municipalities have an interest in preventing the unconstitutional transfer of
valuable city assets and legislative powers to private corporations. Put to the untenable choice of
violating SB 1004 or the state constitution, the named plaintiffs seek a declaration that SB 1004 is
unconstitutional and further seek an injunction against its implementation and enforcement
because it violates article II, section 1, article III, section 1, article III, section 52, and article XI,
section 3, of the Texas Constitution.
79
McAllen, et al v. State Page 3 of 27
Second Amended Petition
II. DISCOVERY CONTROL PLAN
1. Pursuant to Rule 190.4 of the Texas Rules of Civil Procedure, Plaintiffs intend that
discovery be conducted under Level 3.
III. PARTIES AND SERVICE OF PROCESS
2. Plaintiff City of McAllen is a duly incorporated home-rule municipality located in
Hidalgo County, Texas.
3. Plaintiff City of Dallas is a duly incorporated ho me-rule municipality located in
Dallas, Collin, Denton, Kaufman, and Rockwall Counties, Texas.
4. Plaintiff City of Plano is a duly incorporated home-rule municipality located in
Collin and Denton Counties, Texas.
5. Plaintiff City of Garland is a duly incorporated home-rule municipality located in
Dallas, Collin, and Rockwall Counties, Texas.
6. Plaintiff City of Irving is a duly incorporated home-rule municipality located in
Dallas County, Texas.
7. Plaintiff City of Amarillo is a duly incorporated home-rule municipality located in
Potter and Randall Counties, Texas.
8. Plaintiff City of Brownsville is a duly incorporated home-rule municipality located
in Cameron County, Texas.
9. Plaintiff City of McKinney is a duly incorporated home-rule municipality located
in Collin County, Texas.
10. Plaintiff City of Sugar Land is a duly incorporated home-rule municipality located
in Fort Bend County, Texas.
11. Plaintiff City of Mission is a duly incorporated home-rule municipality located in
Hidalgo County, Texas.
80
McAllen, et al v. State Page 4 of 27
Second Amended Petition
12. Plaintiff City of Pharr is a duly incorporated home-rule municipality located in
Hidalgo County, Texas.
13. Plaintiff City of Coppell is a duly incorporated home-rule municipality located in
Dallas and Denton Counties, Texas.
14. Plaintiff City of Duncanville is a duly incorporated home rule municipality located
in Dallas County, Texas.
15. Plaintiff City of Weslaco is a duly incorporated home-rule municipality located in
Hidalgo County, Texas.
16. Plaintiff City of San Benito is a duly incorporated home-rule municipality located
in Cameron County, Texas.
17. Plaintiff City of Alamo is a duly incorporated home-rule municipality located in
Hidalgo County, Texas.
18. Plaintiff City of Midlothian is a duly incorporated home-rule municipality located
in Ellis County, Texas.
19. Plaintiff City of Highland Village is a duly incorporated home-rule municipality
located in Denton County, Texas.
20. Plaintiff City of Seagoville is a duly incorporated home-rule municipality located
in Dallas and Kaufman Counties, Texas.
21. Plaintiff City of Alton is a duly incorporated home-rule municipality located in
Hidalgo County, Texas.
22. Plaintiff City of Red Oak is a duly incorporated home-rule municipality located in
Ellis County, Texas.
23. Plaintiff City of Boerne is a duly incorporated home-rule municipality located in
Kendall County, Texas.
81
McAllen, et al v. State Page 5 of 27
Second Amended Petition
24. Plaintiff City of Roma is a duly incorporated home-rule municipality located in
Starr County, Texas.
25. Plaintiff City of Rockport is a duly incorporated home-rule municipality located in
Aransas County, Texas.
26. Plaintiff City of La Feria is a duly incorporated home-rule municipality located in
Cameron County, Texas.
27. Plaintiff Town of Fairview is a duly incorporated home-rule municipality located
in Collin County, Texas.
28. Plaintiff City of Lucas is a duly incorporated home-rule municipality located in
Collin County, Texas.
29. Plaintiff City of Balcones Heights is a duly incorporated General Law Type A
municipality located in Bexar County, Texas.
30. Plaintiff City of South Padre Island is a duly incorporated home-rule municipality
located in Cameron County, Texas.
31. Plaintiff City of Olmos Park is a duly incorporated General Law Type A
municipality located in Bexar County, Texas.
32. Plaintiff City of Escobares is a duly incorporated General Law Type A municipality
located in Starr County, Texas.
33. Plaintiff Town of Westlake is a duly incorporated General Law Type A
municipality located in Tarrant and Denton Counties, Texas.
34. Plaintiff City of Simonton is a duly incorporated General Law Type A municipality
located in Fort Bend County, Texas.
35. Plaintiff City of Hewitt is a duly incorporated home-rule municipality located in
McLennan County, Texas.
82
McAllen, et al v. State Page 6 of 27
Second Amended Petition
36. Plaintiff City of Hidalgo is a duly incorporated home-rule municipality located in
Hidalgo County, Texas.
37. Plaintiff City of Webster is a duly incorporated home-rule municipality located in
Harris County, Texas.
38. Plaintiff City of Granbury is a duly incorporated home-rule municipality located in
Hood County, Texas.
39. Plaintiff City of Roanoke is a duly incorporated home-rule municipality located in
Denton County, Texas.
40. Plaintiff City of China Grove is a duly incorporated General Law Type A
municipality located in Bexar County, Texas.
41. Plaintiff Jim Darling is the Mayor of McAllen, Texas. He is a party to this
proceeding in his official capacity as mayor and in his individual capacity as a citizen and taxpayer.
42. Defendant State of Texas has been served with process.
IV. JURISDICTION AND VENUE
43. The subject matter in controversy is within the jurisdictional limits of this Court,
and the Court has jurisdiction over this action pursuant to article V, section 8, of the Texas
Constitution and section 24.007 of the Texas Government Code, as well as the Texas Uniform
Declaratory Judgments Act. TEX. CIV. PRAC. & REM. CODE § 37.001, et seq.
44. This Court has jurisdiction over the parties because all Defendants reside or have
their principal place of business in Texas.
45. Plaintiffs seek non-monetary relief.
46. Venue is proper in Travis County because Defendant has its principal office in
Travis County. TEX. CIV. PRAC. & REM. CODE § 15.002(a)(3).
83
McAllen, et al v. State Page 7 of 27
Second Amended Petition
V. FACTS
A. The Emergence of Small-Cell and Network-Node Technology
47. Senate Bill 1004, enacted by the 85th Legislature in 2017 and to become effective
on September 1, 2017, enacts chapter 284 of the Texas Local Government Code. This new chapter
purports to govern the deployment of network nodes in public rights-of-way.
48. A network node is defined in the bill as “equipment at a fixed location that enables
wireless communications between user equipment and a communication network.” A network
node encompasses multiple pieces of equipment including a radio transceiver, an antenna, a
battery-only backup power supply, and coaxial or fiber-optic cable. The term does not include a
pole or tower to which the equipment is attached.
49. Network nodes are a component of small-cell technology, which in turn is part of
the cellular network that supports smart phones, tablets, and other mobile devices.
50. Mobile data traffic, driven by increased sales of smart phones, tablets, and similar
devices and by usage demanding greater bandwidth, results in significant growth in the use of
mobile data networks and requires increased capacity.
51. Emerging technology will greatly accelerate the demand for increased capacity of
wireless networks and for additional network nodes. While small cell technology will make
possible greater uses of the internet, currently and in the foreseeable future the predominant use of
the network is for streaming video.
52. Small-cell wireless networks using network nodes are a way to increase capacity
and capabilities above that provided by the familiar cellular technology provided by larger cell
towers, often referred to as macro sites. Rather than being located on tall macro towers, a small
cell network node may be located on a street sign, on a light pole, on a traffic signal pole, on the
side of a building, or on a dedicated pole.
84
McAllen, et al v. State Page 8 of 27
Second Amended Petition
53. Small cells complement the existing macro tower system by providing additional
capacity and by increasing coverage in those areas where the signal from the macro tower is weak.
B. Legislative Involvement in Telecommunications Companies’ Use of Municipal
Right-of-Way
1. Earlier legislation is carefully crafted to avoid being a prohibited gift or grant
54. For many years telecommunications service was provided over land lines and was
typically provided in a locality by a single provider. Texas municipalities would grant franchises
to that company to permit it to use city rights-of-way. Typically, this would include the right to
construct poles and string wire along the rights-of-way or to bury cable beneath the right-of-way.
As the cities were giving the company a valuable property right, the company was required to pay
for that right just as it would if it used an easement or other property right of a private landowner.
55. In 1999, in response to the emergence of competition among companies offering
local exchange telephone service, the legislature enacted chapter 283 of the Local Government
Code. That chapter was designed to encourage competition in the provision of
telecommunications services and to ensure that new entrants were not precluded from gaining
access to the use of municipal rights-of-way due to pre-existing franchise agreements. TEX. LOCAL
GOV’T CODE, § 283.001(a).
56. Among other things, the statute set up a state system of determining the fees to be
paid to a municipality for the use of rights-of-way by new entrants to the market place, but did so
by basing the fee on the amount each city collected under its existing franchise fees. TEX. LOCAL
GOV’T CODE, §§ 283.053, 283.055. In apparent recognition of the constitutional prohibition on a
municipality making a gift or grant to a private corporation, the legislature designed the system to
provide the cities with the fees they had previously negotiated or imposed while letting new
entrants come into the market on the same basis as existing companies. Essentially, the city
85
McAllen, et al v. State Page 9 of 27
Second Amended Petition
received and the new entrants were charged what had previously been established as fair-market
value for the use of the city rights-of-way.
2. SB 1004 is designed to transfer municipal property to private companies at a
fraction of its fair market value
57. In 2017, the legislature enacted SB 1004 (chapter 284 of the Texas Local
Government Code), which became effective on September 1, 2017.
58. In SB 1004 the legislature seeks to encourage and simplify the use of network nodes
and small-cell technology by limiting cities’ regulatory powers over the placement and design of
network nodes and by below-market fees for the use of the public rights-of-way.
59. The Texas legislation is part of a multi-state push by the wireless industry in
conjunction with the American Legislative Exchange Council (ALEC) to achieve a more relaxed
regulatory environment and to obtain a public subsidy.
60. In sharp contrast to the approach taken in chapter 283 of the Local Government
Code, which was crafted to ensure that the fee for the use of public right-of-way was set at fair
market value, SB 1004 (chapter 284) imposes maximum charges that are a small fraction of market
value, thus, gratuitously, conveying public property to private corporations and providing a public
subsidy for a private commercial enterprise.
61. SB 1004 (section 284.053) sets an annual maximum fee for the use of a city’s right-
of-way at $250 per network node. TEX. LOCAL GOV’T CODE, § 284.053.
62. By contrast, as reflected in the attached affidavit (Exhibit 1), the standard rate for
the use of public right-of-way is between $1,500 and $2,500 per network node.
63. The fee schedule established by SB 1004 requires cities to permit use of their rights-
of-way in return for only 10 to 16.7 percent of the fair market value of the property interest
conveyed.
86
McAllen, et al v. State Page 10 of 27
Second Amended Petition
64. This amounts to a gift or grant to the companies maintaining the network of
between $1,250 and $2,250 per node per year.
65. While significant numbers of small cell nodes are currently being installed, the
number of cells is expected to increase by a factor of five or more as carriers convert to 5G
technology.
66. At the time the SB 1004 fee structure was adopted, the legislature had before it the
Legislative Budget Board fiscal note prepared for the House of Representatives noting that the bill
could result in loss of right-of-way and similar fees to municipalities estimated at more than $800
million annually.
67. Nevertheless, the legislature passed the bill initiating a significant annual wealth
transfer from Texas cities to private telecommunications companies of as much as hundreds of
millions of dollars each year.
3. Earlier legislation is carefully crafted so that municipalities retain legislative
powers relating to right-of-way management
68. Each Texas city is vested with “exclusive control over and under the public
highways, streets, and alleys of the municipality.” TEX. LOCAL GOV’T CODE, § 283. This exclusive
authority of right-of-way management is consistent with, and an extension of, municipal land-use
and zoning authority, which is exercised through a statutory framework that provides for public
participation, due process, and oversight. TEX. LOCAL GOV’T CODE, Chapter 211.
69. Chapter 283 of the Local Government Code, which was designed to accommodate
and integrate new entrants to the telecommunications system, expressly recognizes that the
management of rights-of-way is a delegated legislative function that typically is vested in the
municipalities of the state:
It also declares that it is the policy of this state that municipalities:
87
McAllen, et al v. State Page 11 of 27
Second Amended Petition
. . .. retain the authority to manage a public right-of-way within the municipality to ensure
the health, safety, and welfare of the public . . .
TEX. LOCAL GOV’T CODE § 283.001 (b).
70. Consistent with this fundamental governmental policy, chapter 283 expressly
provides that cities retain such powers in their consideration of applications for use of the right-
of-way:
A municipality may exercise those police power-based regulations in the
management of a public right-of-way that apply to all persons within the
municipality. A municipality may exercise police power-based regulations in the
management of the activities of certificated telecommunications providers within a
public right-of-way only to the extent that they are reasonably necessary to protect
the health, safety, and welfare of the public.
TEX. LOCAL GOV’T CODE § 283.056 (c). And,
In the exercise of its lawful regulatory authority, a municipality shall promptly
process each valid and administratively complete application of a certificated
telecommunications provider for any permit, license, or consent to excavate, set
poles, locate lines, construct facilities, make repairs, affect traffic flow, obtain
zoning or subdivision regulation approvals, or for other similar approvals, and
shall make every reasonable effort to not delay or unduly burden that provider in
the timely conduct of its business.
TEX. LOCAL GOV’T CODE. § 283.056(d) (emphasis added).
71. Chapter 283 treats the legislative function of right-of-way management and related
permitting processes as necessarily entailing three interrelated aspects: (1) Safety of the structure
to be placed within municipal right-of-way with respect to the construction required to install the
structure and its operational safety, TEX. LOCAL GOV’T CODE. § 283.056; (2) Receipt of
compensation for the use of right-of-way, TEX. LOCAL GOV’T CODE. § 283.051; and (3)
Determining the suitability of sites for property in or along right-of-way in terms of the health,
safety, and welfare of the public through proper land-use controls, TEX. LOCAL GOV’T CODE. §
283.056.
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4. SB 1004, in contrast to past legislative practice, is drafted to transfer municipal
legislative authority over right-of-way management to private companies
72. As with chapter 283 of the Texas Local Government Code, SB 1004 expressly
recognizes that the management of right-of-way is a delegated legislative function concerning the
health, safety, and welfare of the public that typically is vested in the municipalities of the state.
TEX. LOCAL GOV’T CODE §§ 284.001(a)(2); (c)(2).
73. Like chapter 283, SB 1004 recognizes that the legislative function of right-of-way
management and related permitting processes necessarily entails three interrelated aspects: (1)
Safety of the structure to be placed within municipal right-of-way with respect to the construction
required to install the structure and its operational safety, TEX. LOCAL GOV’T CODE §§ 284.102,
.108, .110, and 153; (2) Receipt of compensation for the use of right-of-way TEX. LOCAL GOV’T
CODE §§ 284.053, .0541; and (3) Control over zoning and land use, TEX. LOCAL GOV’T CODE §§
284.001(a)(2), .104, and .105.
74. In contrast with Chapter 283, however, which vests municipalities with authority
to apply land-use controls as part of the permitting process. SB 1004, by contrast, vests decision-
making authority with respect to land-use considerations with the wireless provider. In terms of
promoting and preserving the health, safety and welfare of the public, a selection of a site for the
placement of telecommunications equipment cannot be made properly without due consideration
of the land-use aspects implicated in such site selection. Indeed, SB 1004 delineates certain land-
use-related limitations on site selection, i.e., relative proximity of parks and residential areas, and
location within historic or design districts. TEX. LOCAL GOV’T CODE §§ 284.104, .105. Beyond
that, however, SB 1004 vests ultimate responsibility for the adequate consideration of the public
1 As discussed elsewhere, see e.g. ¶¶ 73, 82, infra, the chapter 283 system of market-based compensation is replaced
in chapter 284 with a system of merely token compensation.
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health, safety, and welfare implications of site selection with the telecommunications providers
rather than with the municipalities. The providers select their desired sites, and the application
review for those sites cannot include municipal-zoning review or land-use approvals. TEX. LOCAL
GOV’T CODE §§ 284.101(a).
75. In a word, SB 1004 expressly takes the public right and obligation to manage right-
of-way with adequate consideration of zoning and land-use needs from the municipality, and vests
such decision making with telecommunications providers, whose applications must be approved
without analysis of land-use matters from a public perspective. TEX. LOCAL GOV’T CODE §§
284.101(a).
76. Accordingly, SB 1004 represents an overly broad delegation of legislative authority
to private entities, in violation of article II, section 1, and article III, section 1, of the Texas
Constitution.
C. Constitutional Framework
1. Prohibition against gifts to private corporations
77. In the period following the Civil War many Texas cities gave financial aid to
railroads in order to entice the railroad to come through their community and thus to provide those
cities with a commercial advantage. The railroads were not always constructed, and, even if they
were, the anticipated advantages to the cities did not always materialize. In response to this
situation, and to prevent its reoccurrence, the framers of the 1876 Constitution included article XI,
section 3, which provides, in part:
No county, city, or other municipal corporation shall hereafter . . . make any
appropriation or donation to [any private corporation or association] . . ..
TEX. CONST., art. XI, § 3.
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78. Additionally, the framers of the 1876 Constitution adopted article III, section 52,
which prohibited the legislature from approving legislation such as SB 1004 that would authorize
or direct a city to make a gift or grant to a corporation. That section provides in part:
(a) Except as otherwise provided by this section, the Legislature shall have no
power to authorize any county, city, town or other political corporation or
subdivision of the State to lend its credit or to grant public money or thing of
value in aid of, or to any individual, association or corporation whatsoever, . .
..
TEX. CONST., art. III, § 52.
79. SB 1004 not only authorizes cities to make a prohibited grant of a thing of value to
a private corporation, it requires it. Specifically, the legislation requires cities to permit network
providers to use public rights-of-way to locate network nodes, TEX. LOC. GOV’T CODE, § 284.151
(except as permitted by chapter 284, a city may not prohibit, regulate, or charge for the installation
or location of network nodes in a public right-of-way and may not institute a moratorium on
permitting such nodes), and it limits payment to the city for the use of those rights-of-way to an
annual rate of not more than $250 per node when the negotiated market rate ranges from $1,500
to $2,500. In other words, SB 1004 requires Texas cities to permit private corporations to use the
public right-of-way for a steeply discounted price between one-tenth and one-sixth of its actual
value. This is a grant of public money or thing of value prohibited by article III, section 52.
Similarly, it is a prohibited donation under article XI, section 3. This amounts to a massive, multi-
million-dollar gift to private corporations from the cities of Texas. With the advent of 5G
technology and the increased demand for more small cells, the size of the gift may amount to
hundreds of millions of dollars. And the gift continues year after year.
80. While cities are prohibited from making a gift to a private corporation, the
constitution does not prohibit purchases of goods or services where the payment to or from the
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government is based on the value received. For example, cities purchase all types of goods (e.g.,
automobiles, street paving material, office supplies, etc.) from vendors at market-value prices.
81. There are instances, though, where the transaction between the government and
private enterprise does not clearly fit the standard mode of a purchase at a price that is recognized
as reflecting value received. For those instances, Texas law has developed to recognize that some
public benefits to private corporations are constitutionally permitted if they serve a legitimate
public purpose and provide a clear public benefit in return. E.g., Texas Municipal League
Intergovernmental Risk Pool v. Texas Workers’ Compensation Comm’n, 74 S.W.3d 377, 383 (Tex.
2002) (“TML”). “A three-part test determines if a statute accomplishes a public purpose consistent
with [article III,] section 52(a).” Id. at 384. “Specifically, the Legislature must: (1) ensure that
the statute’s predominant purpose is to accomplish a public purpose, not to benefit private parties;
(2) retain public control over the funds to ensure that the public purpose is accomplished and to
protect the public’s investment, and (3) ensure that the political subdivision receives a return
benefit.” Id.
82. SB 1004 does not meet the three-part test that might avoid the constitutional
prohibition of article III, section 52. Failure to satisfy any one of the three parts of the test is fatal.
83. SB 1004 does not meet the first prong of the three-part test, which requires that the
predominant purpose is to accomplish a public purpose rather than to benefit private parties.
Section 284.001, enacted by SB 1004, does contain findings that network nodes are instrumental
to increasing access to advanced technology and information and that expeditious processes and
reasonable terms and conditions for access to the public right-of-way further the interest in having
a reliable wireless network. TEX. LOC. GOV’T CODE, § 284.001(1) and (5). While carriers
undoubtedly would like to have a statutorily imposed rental rate that is far below fair-market value,
there is no legislative finding or evidence that carriers have been prevented from creating their
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wireless networks by the free-market economy. Indeed, carriers have been installing thousands of
cells in cities at the upper end of market rates, which makes it difficult to contend that the necessity
of paying fair value is a barrier to the development of the networks. Unless the existing system
operates as a barrier, the “predominant” effect, and presumably the purpose, of the establishment
of a far-below-fair-market-value is to benefit the private corporations, not the public.
84. Further, while the public right-of-way is a convenient location for network nodes,
nodes can generally be placed on private property such as the side of a building located
immediately adjacent to the right-of-way. Making a gift of the use of the public right-of-way frees
network providers from the operation of the free market and deprives the private property owners
of the opportunity to rent space to host network nodes. This public subsidy undermines the free
market system and deprives the private landowners of the value of their property, which is not
consistent with public policy.
85. The predominant purpose of SB 1004 is to benefit private parties, not to convey a
public benefit. Thus, the statute does not meet the first prong of the three-part TML test.
86. SB 1004 also does not meet the second prong of the three-part test, which requires
that the local government retain control to ensure that the public purpose is accomplished. While
the statute directs maximum rates for use of the public right-of-way and specific deadlines for
permitting decisions, all of which benefits the network carriers, there is nothing in the statute to
mandate continued oversight to ensure that the public purpose is accomplished. The statute
provides great detail on the cities’ obligations to the wireless providers, but there is nothing in the
Act that provides for the cities’ or the state’s continued oversight of the carriers’ actions to ensure
that they act for the public’s benefit. Even if we are to assume that development of the wireless
system is the predominant purpose and represents the benefit to the public, there is nothing in the
Act to establish measurable benchmarks for the development of the system, nothing to ensure that
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underserved areas rather than simply the most profitable areas are served, nothing to ensure that
the publicly subsidized nodes are available for the public rather than, in some cases, perhaps being
reserved for private users, or anything else to ensure that public purpose is accomplished. In the
absence of such statutorily provided oversight, the statute does not satisfy the Supreme Court’s
test.
87. The third part of the test is to ensure that the political subdivision receives a return
benefit. This is often phrased as ensuring that there is adequate consideration. Here, the cities are
limited to roughly ten to sixteen percent of market value with no additional benefit to compensate
for the lost revenue.
88. SB 1004 finds that the rates imposed by the statute are “fair and reasonable” and in
compliance with federal law (47 U.S.C. § 253) that prohibits rates that have the effect of
prohibiting the ability of any entity to provide telecommunications service. The SB 1004 rates,
though, are not only well below the rates that would be charged in a free market environment, they
are also a fraction of the rates the state is free to charge for the same services. The legislature was
careful to require cities to provide a major subsidy to these private enterprises, while, at the same
time, leaving the state free to charge market rates for the use of its rights-of-way. Presumably, if
it is fair and reasonable for the state to charge market rates, it is difficult to understand how limiting
cities to a small fraction of those rates can also meet the standard of fairness and reasonableness.
89. SB 1004, so long as it is not enjoined and not declared to be unconstitutional, directs
city officials, such as Mayor Darling, to give away city resources and, by doing so, to violate article
XI, section 3, of the Texas Constitution.
90. Similarly, until SB 1004 is enjoined and declared to be unconstitutional, city
taxpayers, such as Jim Darling, in his individual capacity, are injured by the city’s gift of public
resources to private corporations. Even if the statute is subsequently declared to be invalid, the
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cities, their officials, and their taxpayers are irreparably injured. The opportunity to negotiate a
market rate prior to the installation of any nodes is lost. Further, even if it is possible to recover
the difference between the ultimately determined rental rate and the $250 per node authorized by
SB 1004, the recovery will likely be in a subsequent fiscal year so that the opportunity to have an
immediate favorable impact on the city’s finances and on its taxpayers in current fiscal years is
lost.
91. SB 1004 by mandating that cities make a gratuitous grant of its property to a private
business enterprise violates the Texas Constitution, and, under Texas law, a violation of
constitutionally guaranteed rights inflicts irreparable injury warranting injunctive as well as
declaratory relief.
2. Prohibition against certain delegations of legislative power to private
corporations
92. In establishing the government of the state, the people delegated the powers of the
government to the legislative, executive, and judicial departments:
The powers of the Government of the State of Texas shall be divided into three
distinct departments, each of which shall be confided to a separate body of
magistracy, to wit: Those which are Legislative to one; those which are Executive
to another, and those which are Judicial to another; and no person, or collection of
persons, being of one of these departments, shall exercise any power properly
attached to either of the others, except in the instances herein expressly permitted
Tex. Const. art. II, § 1.
93. The Legislature is authorized to delegate legislative powers to local governments,
administrative agencies, and private entities. As Texas courts have recognized, delegations of
legislative power can be both necessary and proper in certain circumstances, such as, for example,
with the delegation of power to private entities to promulgate certain industrial and professional
standards.
95
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94. By the same token, Texas courts have also recognized that delegations to private
entities raise more troubling issues than do delegations to public bodies and that they are therefore
subject to more stringent requirements and less judicial deference than public delegations. As the
Supreme Court has stated:
[P]rivate delegations clearly raise even more troubling constitutional issues than
their public counterparts. On a practical basis, the private delegate may have a
personal or pecuniary interest which is inconsistent with or repugnant to the public
interest to be served. More fundamentally, the basic concept of democratic rule
under a republican form of government is compromised when public powers are
abandoned to those who are neither elected by the people, appointed by a public
official or entity, nor employed by the government. Thus, we believe it axiomatic
that courts should subject private delegations to a more searching scrutiny than their
public counterparts.
Texas Boll Weevil Eradication Found., Inc. v. Lewellen, 952 S.W.2d 454, 469 (Tex. 1997).
95. Texas courts have developed a balancing test containing eight factors to determine
whether a particular delegation of legislative power to a private delegate is constitutional. These
factors are stated as follows:
1. Are the private delegate's actions subject to meaningful review by a state
agency or other branch of state government?
2. Are the persons affected by the private delegate's actions adequately
represented in the decision making process?
3. Is the private delegate's power limited to making rules, or does the
delegate also apply the law to particular individuals?
4. Does the private delegate have a pecuniary or other personal interest that
may conflict with his or her public function?
5. Is the private delegate empowered to define criminal acts or impose
criminal sanctions?
6. Is the delegation narrow in duration, extent, and subject matter?
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7. Does the private delegate possess special qualifications or training for the
task delegated to it?
8. Has the Legislature provided sufficient standards to guide the private
delegate in its work?
Texas Boll Weevil Eradication Found. 952 S.W.2d at 472.
96. SB 1004 vests the legislative power of zoning and land use as it applies to right-of-
way management with private parties. When considered through the lens of the eight-part
balancing test, it is abundantly clear that the delegation to private entities of the legislative
authority to manage the right-of-way by making land-use decisions that typically require
application of the processes set out in Local Government Code chapter 211, violates article II,
section 1, and article III, section 1, of the Texas Constitution.
97. Specifically, with respect to the zoning and land-use aspects of right-of-way
management:
(a) The actions of the telecommunications providers, as private delegates of
legislative authority, are not subject to meaningful review by a state agency or other branch of
government;
(b) The members of the public that will be most affected by the private
delegates’ actions are not adequately represented in the decision-making process;
(c) The private delegate is applying the law to its individual, pecuniary
interest rather than making rules of general application;
(d) The private delegates have a pecuniary or other personal interest that may
conflict with their public functions;
(e) The delegation is not narrow in duration, extent, or subject matter;
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(f) The private delegates do not possess special qualifications or training in
municipal land planning or right-of-way management; and
(g) The legislature has not provided sufficient standards to guide the private
delegate in its work.
98. SB 1004, so long as it is not enjoined and not declared to be unconstitutional directs
city officials, such as Mayor Darling, to relinquish properly delegated municipal authority to
manage the right-of-way for the health, safety, and welfare of the public to private delegates whose
pecuniary interests most likely will conflict with the public’s interests, and who do not have the
expertise to manage public right-of-way for the benefit of the public. As such, SB 1004 directs city
officials, such as Mayor Darling, to violate their obligations to promote and preserve the safety of
the public under their respective city charters, chapter 211 of the Texas Local Government Code,
and chapter 311 of the Texas Transportation Code, and, by doing so, affirmatively participate in
the violation of article II, section 1, and article III, section 1 of the Texas Constitution.
99. SB 1004 by mandating that municipalities cede their properly delegated authorities
that are necessary for right-of-way management in the interest of public health, safety, and welfare
of the public violates the Texas Constitution, and under Texas law, is a violation of constitutionally
guaranteed rights that inflicts irreparable injury warranting injunctive relief.
VI. CAUSES OF ACTION
100. Paragraphs 1-93 are incorporated by reference as though fully restated in support
of each of the following causes of action.
A. Declaratory Judgment – SB 1004 Violates the Texas Constitution
101. The Uniform Declaratory Judgments Act (‘‘UDJA’’) is remedial, and intended to
settle and afford relief from uncertainty and insecurity with respect to rights under a statute, and
must be liberally construed to achieve that purpose.
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102. The UDJA waives the sovereign immunity of the state and its officials in actions
that challenge the constitutionality of a statute and that seek only equitable relief.
103. Pursuant to the UDJA, Plaintiffs request a declaratory judgment of the Court, as
follows:
a. That SB 1004, in its requirement set out in section 284.053 of the Texas Local
Government Code that cities permit private corporations to use the public
rights-of-way at significantly below market value rates, impermissibly
authorizes and requires cities to make a gift or grant in violation of article III,
section 52(a), of the Texas Constitution;
b. Cities complying with the statutory direction will violate article XI, section 3,
of the Texas Constitution as they will be making a prohibited donation to a
private corporation;
c. Section 284.053 of the Texas Local Government Code is unconstitutional and
unenforceable;
d. SB 1004, in delegating legislative powers of managing right-of-way through
proper zoning and land-use controls to private corporations such that the
corporations are entitled to make land-use decisions without meaningful
guidance, public process, or oversight is an impermissible delegation of
legislative power in violation of article II, section 1, and article III, section 1,
of the Texas Constitution;
e. Cities complying with the statutory direction violate article II, section 1, and
article III, section 1, of the Texas Constitution as they will be affirmatively
participating in an unconstitutional delegation of municipal legislative
authority.
f. Sections 248.101(a) and 248.154(c) are unconstitutional and unenforceable.
B. Injunction
104. For the reasons set forth in paragraphs 1-93, SB 1004 violates the state constitution.
105. Plaintiffs are entitled to a permanent injunction enjoining enforcement of section
284.053 of the Texas Local Government Code pending a decision on a permanent injunction and
declaratory judgment. Section 284.053 is invalid as being enacted in contravention to the express
denial of authority to the legislature to permit or require cities to make gifts or grants to private
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McAllen, et al v. State Page 23 of 27
Second Amended Petition
corporations. Accordingly, the statute is void. The state, by enacting SB 1004 and subjecting
plaintiffs to its requirements, is directing plaintiffs to violate the Texas Constitution. The forced
transfer of property pursuant to an unconstitutional statute is subject to being enjoined without
regard to whether there is a legal remedy. Being subjected to, and forced to administer, an
unconstitutional statute is necessarily and of itself an irreparable injury. Further, there is irreparable
injury to the cities and their citizens, which potentially face the grossly inadequately compensated
use of their property prior to having an opportunity for a merits decision on the constitutionality
of the statute. Plaintiffs are therefore entitled to a temporary and ultimately to a permanent
injunction against enforcement of the unconstitutional statute.
106. Plaintiffs are entitled to a permanent injunction enjoining enforcement of sections
248.101(a) and 248.154(c) of the Texas Local Government Code pending a decision on a
permanent injunction and declaratory judgment. Sections 248.101(a) and 248.154(c) are invalid
as being enacted in contravention to the denial of authority to the legislature to make delegations
of legislative authority to private actors such that the private delegates are neither constrained
before they act by meaningful standards nor made accountable after they act by administrative,
judicial, or popular review. Accordingly, the statute is void. The state, by enacting SB 1004 and
subjecting plaintiffs to its requirements, is directing plaintiffs to violate the Texas Constitution.
The improper delegation of legislative authority pursuant to an unconstitutional statute is subject
to being enjoined without regard to whether there is a legal remedy. Being subjected to, and forced
to administer, an unconstitutional statute is necessarily and of itself an irreparable injury. Further,
there is irreparable injury to the cities and their citizens, which potentially face the substantial and
detrimental consequences of the implementation of land-use decisions in public right-of-way
which are made by actors who have pecuniary interests that often most likely will conflict with the
promotion of the health, safety, and welfare of the public, and which will not be made by persons
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McAllen, et al v. State Page 24 of 27
Second Amended Petition
or entities with specialized knowledge of public right-of-way management, and which will not be
subject to meaningful review. Plaintiffs are therefore entitled to a temporary and ultimately to a
permanent injunction against enforcement of the unconstitutional statute.
VII. CONDITIONS PRECEDENT
107. All conditions precedent have been performed or have occurred.
VIII. ATTORNEY’S FEES
108. As a result of the actions complained of herein, Plaintiffs have had to engage
qualified counsel to prosecute this action and has incurred, and will continue to incur, reasonable
and necessary attorney’s fees. Plaintiffs are therefore entitled to recover these fees pursuant to
Chapters 37, of the Texas Civil Practice and Remedies Code.
IX. REQUEST FOR DISCLOSURES
109. Pursuant to Texas Rule of Civil Procedure 194.2, Plaintiffs hereby request that
Defendants make the disclosures identified in Tex. R. Civ. P. 194.2(a-i) and (l) within fifty (50)
days of the service of this Petition.
PRAYER
FOR THESE REASONS, Plaintiffs request that Defendants be cited to appear and answer
and, on final trial that Plaintiffs have judgment against Defendants for:
1. The declaratory relief requested herein;
2. A temporary and permanent injunction;
3. Attorney’s fees;
4. Litigation costs;
5. Such other and further relief, at law and in equity, to which the Plaintiffs may
show themselves entitled.
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Second Amended Petition
Respectfully submitted,
By: /s/ C. Robert Heath
C. ROBERT HEATH
Texas Bar No. 09347500
bheath@bickerstaff.com
GUNNAR P. SEAQUIST
Texas Bar No. 24043358
gseaquist@bickerstaff.com
GREGORY D. MILLER
Texas Bar No. 24046443
gmiller@bickerstaff.com
BICKERSTAFF HEATH
DELGADO ACOSTA LLP
3711 S. MoPac Expressway
Building One, Suite 300
Austin, Texas 78746
Telephone: (512) 472-8021
Facsimile: (512) 320-5638
McALLEN CITY
ATTORNEY'S OFFICE
P.O. Box 220
1300 Houston
McAllen, Texas 78505-0220
Telephone: (956) 681-1090
Facsimile: (956) 681-1099
KEVIN D. PAGAN
City Attorney
Texas Bar No. 15406460
kpagan@mcallen.net
AUSTIN WADE STEVENSON
Assistant City Attorney
Texas Bar No. 24085961
astevenson@mcallen.net
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McAllen, et al v. State Page 26 of 27
Second Amended Petition
ISAAC J TAWIL
Assistant City Attorney
Texas Bar No. 24013605
itawil@mcallen.net
LAW OFFICES OF SNAPPER L. CARR
816 Congress Avenue, Suite 370
Austin, Texas 78701
Telephone: (512) 637-6020
Facsimile: (512) 637-6021
SNAPPER L. CARR
Texas Bar No. 24035433
Snapper@focusedadvocacy.com
Attorneys for Plaintiffs
DARLING LAW OFFICE
P.O. Box 5489
McAllen, Texas 78502-5489
Telephone: (956) 681-1003
Facsimile: (956) 681-1010
JAMES E. “JIM” DARLING
Texas Bar No. 05386000
jdarling@mcallen.net
Pro Se for Plaintiff Jim Darling
in His Individual Capacity
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CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing document has been served
via electronic filing service provider and via email to all parties of record on this the 29th day of
March, 2019.
DREW L. HARRIS
JEFFREY E. FARRELL
Assistant Attorneys General
General Litigation Division
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
Telephone: (512) 475-4225
Facsimile: (512) 320-0667
drew.harris@oag.texas.gov
jeffrey.farrell@oag.texas.gov
ATTORNEYS FOR DEFENDANT
/s/ C. Robert Heath
C. ROBERT HEATH
104
EXHIBIT 1
105
AFFIDAVIT
State of New York )
County of 6 N Jt l) A-6 It-)
The undersigned affiant, Ken Schmidt, being first duly sworn, hereby deposes and says:
1. My name is Ken Schmidt. I reside in the Syracuse, New York, area. I am over the age of
eighteen and capable of making this affidavit. The statements in this affidavit are true and
correct and within my personal knowledge. To the extent they reflect expert opinion, they
are based on facts or data that I have been made aware of, reviewed, or personally observed
and reflect facts and data that would reasonably be relied on by experts in the field.
2. Attached as Exhibit A to this affidavit is a true and correct copy of my professional resume
that reflects my educational and professional background. To briefly summarize material
in the resume, I have worked in the wireless industry for twenty years. From 1997-2004,
I worked at a small tower company, and then provided site acquisition services to wireless
companies. In 2004, I started Steel in the Air, Inc. which provides wireless-infrastructure-
lease-related services to landowners and small-tower owners across the United States. I
am the president and owner of that company. Since 2004, we have advised over 3,500
landowners, including cities, corporations, and individuals, regarding valuation questions
related to wireless-infrastructure leases. We have collected lease-rate data on
approximately 10,000 wireless leases which include all types ofleases in every state in the
United States. Steel in the Air and I have been recognized as experts in the field oflease
valuation by our peers, in national and local publications, and by courts of law. I am also
a Partner in SteelTree Partners, LLC and have provided valuation services and sell-side
106
advisory service to many clients regarding over $1.5 billion dollars of communication
infrastructure assets.
3. Nearly 20 years ago, I started collecting publicly and privately available tower location and
lease data. When I formed Steel in the Air, I believed that strong data was paramount to
our being able to advise landowners and tower owners effectively. Over that timeframe,
we have collected lease data through news stories, public records requests, industry
sources, and client-provided information. We maintain one of the most comprehensive
wireless infrastructure databases in the United States which is not owned by a wireless
company or tower company.
4. Specifically related to small-cell and Distributed-Antenna-System (DAS) leases, my
company has conducted hundreds of hours of research regarding small cell and DAS-node
lease agreements including making public records requests to various public entities over
the last three years.
5. Earlier this year, I testified as an expert before the Florida Legislature on behalf of the
Florida League of Cities and the Florida Association of Counties regarding similar small-
cell legislation in Florida. In part through the Florida engagement I became aware of the
effort by the industry, led by the Wireless Infrastructure Association in conjunction with
the American Legislative Exchange Council (ALEC) to enact legislation in multiple states
to provide relatively consistent procedures and fee structures for obtaining the use of public
rights-of-way and to require local governments to permit use of their rights-of-way at far-
below-market rates.
6. In preparation for making this affidavit, I have reviewed SB 1004, which enacted chapter
284 ofthe Texas Local Government Code.
2 107
7. Section 284.053 of the Texas Local Government Code sets a maximum annual rental rate
of $250 per network node located in a city's right-of-way. The term "network node" is
defined so that it includes both small cells and DAS but does not include macrocells or cell
towers.
8. A macrocell is what most people think of when considering cellular antennas and cell
service. Multiple macrocells may be placed on a single structure such as a cell tower. Cell
towers are typically 50' or taller towers containing multiple antennas that have been used
to provide cell phone service for more than two decades. Small cells, conversely, as their
name suggests, are much smaller in size and coverage area than a macrocell or a cell macro
tower, will become much more numerous, and can often be found on poles used for street
lights, traffic lights, street signs, and poles of similar height. A small cell typically is
utilized exclusively by one wireless company, while a distributed-antenna system or DAS
can receive and transmit signals from multiple wireless service providers. As noted above,
both small cells and DAS are included in the statute's definition of network node.
9. To determine a fair market value for the use of municipal right-of-way by a wireless
'\
provider to locate a small-cell or DAS network node, I looked at data from 50 cities in 25
states. The pole attachment fees went from $200 to as high as $13,200 per year. In Texas,
the rates ranged from $1,000 to $2,400 per year.
10. I tried to make an apples-to-apples comparison by using rates for attachment to an existing
pole. For example, in Houston, the Master License Agreement for Wireless Facilities and
Poles in the Right-of-Way provides a 2016 annual per pole fee of $2,700 if the licensee
will be placing its own pole in the right-of-way and $2,000 if it is attaching to an existing
utility pole. For Houston, I used the lower $2,000 fee for attaching to an existing pole.
3 108
Similarly, in determining average fees, I looked solely at the fees on a city-by-city basis
rather than weighting the fees by the number of cells in each city. Larger cities tend to be
on the higher end of the annual rental rates and generally have the highest number of node
locations. If I had weighted the average by the number of locations, the average would
have been higher.
11. I determined that the average annual per pole rate in the 50 cites in our small celllDAS data
base is $2,388 per pole per year.
12. The average rate for the six cities in Texas in the data base is $1,733 per pole per year.
13. Looking at the complete sample and discarding the extremes on both the high and low end,
it is my opinion that fair market value for attaching a network node to a pole in a municipal
right-of-way will fall within the range of$I,500 to $2,500.
14. The $250/year rate for pole attachments is substantially below fair market value. It is
10.4% of the average rate that was negotiated at arm's length between u.S. cities and
counties and wireless service providers in our data, and 14% of the average of Texas public
cities.
15. If one considers the $1,500-$2,500 range for fair market value, the $250 rate represents
one-tenth to one-sixth of fair market value or 10% to 16.7% of fair market value.
16. Because of the statute's requirement that Texas cities make city-owned poles in their rights-
of-way available to the network providers at a rate that is substantially below fair market
value, there will be an obvious negative impact on municipal fmances. It will also have an
impact on other entities.
17. The reduced rental rate for network nodes on poles in municipal rights-of-way would have
a negative effect on the ability of private property owners to rent space for small cells and
4 109
DAS. These nodes can be and would likely be located on building roofs, the sides of
buildings and similar outdoor locations. In my experience, private small cell leases
between property owners and wireless companies traditionally range from $4,200 per year
to $8,400 per year. By establishing such a low and far-below market rate for small cell
leases in the public right-of-way, Texas will largely eliminate the use of private property
for small cells. In my experience, very few, if any, private property owners would be
willing to lease their property to wireless service providers for rates anywhere near
$250/year. Thus, by subsidizing the wireless service providers on public right-of-way,
private landowners as a whole in Texas will see significantly less interest for small cells
on their land or buildings and as a result, will realize measurably less income.
18. An effect of the requirement that Texas municipalities permit the use of poles within their
rights-of-way at extremely low rental rates is likely to be that the residents of Texas cities
will be subsidizing the wireless rates paid by consumers in other states that do not have
artificial barriers to what can be charged wireless providers. Specifically, the large wireless
companies-e.g., AT&T, Sprint, T-Mobile, and Verizon-do not charge geographically
based rates. Rates are consistent throughout the United States regardless of what may be
higher underlying costs of operating a network in other areas. By setting low rates in Texas
that are as much as five or more times lower than what municipalities in other states without
similar legislation charge, Texas consumers are fundamentally subsidizing service for
customers in other states. Alternatively, Texas cities are subsidizing wireless service
provider profits in an already very profitable industry.
19. While the ability to use poles within the public right-of-way at a statutorily set rate that is
far below fair market value undoubtedly benefits the wireless service providers, it is
5 110
unlikely that the absence of a rate cap on the use of the right-of-way would materially
prevent or slow down the expansion of the wireless network. Wireless providers are
expanding the small cell network not just because they hope to offer advanced services,
but to reduce their operating costs and to increase capacity for more profitable services like
consumer video. Additionally, the cost of the use of the right-of-way is minuscule when
considered in the context of the revenue currently generated by the network. The wireless
industry in 2016 generated $188 billion in service revenue according to industry trade
organization CTIA's 2016 Wireless Industry Survey. Paying fair market value for small
cell infrastructure rights would not create a barrier to entry. Assuming $2,000 per year
per pole and 100,000 poles in the State of Texas, the "burden" on the wireless industry
would be $200 million per year, or one-tenth of one percent of the wireless industry's
combined service revenue. This assumes that the wireless industry would not be capable
of generating additional service revenue from deployment of this infrastructure, which is
clearly not the case as demonstrated by numerous comments to the contrary during nearly
every wireless company quarterly earnings call. To the contrary, there is every reason to
believe that the wireless providers would still generate positive net revenue by paying the
level of right-of-way rental rates they were paying before SB 1004. Wireless service
providers have deployed over 2,000 small cells in New York City despite New York having
rates that are above average at $3,000 per pole. Even at $2,000 per pole, the City of
Houston still received 700 plus applications for small cells in 2016. There is no reason to
believe that paying market rates for the use of public property of Texas cities will delay or
hinder the development of the wireless network.
6 111
20. SB 1004 does not provide for cities or the state to have continuing control over the use of
the subsidized nodes placed in the municipal right-of-way to ensure that the public is being
served as such service is contemplated in the lengthy preamble of the legislation. For
example, there is nothing in the Act to preclude dedicating some nodes to purely private
use by individual customers rather than being available to the public. Similarly, there is
nothing to give cities the ability to see that the subsidies to the network are used to bring
"reliable wireless networks and services" to areas of greatest public need such as
traditionally underserved areas. There is no assurance that the public will be provided cost
effective access to "next-generation services" or that the wireless service providers won't
deploy small cells solely to maintain more favorable cost structures for existing generation
services. There is no methodology for either the state or cities to ensure that the wireless
service providers will deploy infrastructure that will "help ensure that this state remains
competitive in the global economy." Furthermore, there is no ability to confirm over time
that the nodes were deployed in a method that "protect and safeguards the health, safety,
and welfare of the public". As written, SB 1004 has almost no checks and balances
necessary to assure that wireless service providers don't simply install network nodes
where it is most economically advantageous to them while ignoring the areas where it
would be most beneficial to serve the public or that would further Texas' stated policy
objectives in passing this legislation.
Signed this the 22 day of 4. lJ (0 lJ S '/ ,2017.
~ KE SCHMIDT
----
7 112
EXHIBIT A
114
Ken Schmidt
16001 Waterleaf Lane, Ft. Myers, FL 33908 Phone: (813) 335-4766
Email:ken@steelintheair.com
_____________________________________________________________________________
PROFESSIONAL EXPERIENCE:
Steel in the Air, Inc.
Fort Myers, FL 01/2004 - Current
President/Owner
Started Cell Tower Consulting Firm specialized in due diligence, cell tower tenant and
ground lease negotiations
Provided fair market value analysis for cell site leases for over 2,700 clients
nationwide in the course of 10 years
Created online Competitive Analysis GIS mapping service for clients to use in
evaluation of potential tower sites and acquisition of cell towers and or ground leases
Established nationwide database of 250,000 cell site locations and 8,500 cell site
leases
Enlisted to provide due diligence and competitive analysis services by multiple tower
companies including projections of potential lease up and document review
Provide sale side advisory services as a partner in SteelTree Partners for the sale of
over $800,000,000 in tower assets over 10 years
Retained regularly by Investment Analysts to review and analyze the public tower
companies and the current state of the market
Formulated process for initial evaluation of any tower site in the US to determine its
uniqueness/value as a wireless communication facility
Cell Tower Attorney
New York, NY and Fort Myers, FL 01/2007 - Current
Partner
Started Cell Tower Law Firm specialized in cell tower lease related legal issues.
Provided legal guidance on cell site lease related issues for over 500 clients
nationwide in the course of 6 years
Horizon Site Services, Inc.
Tampa, FL 01/2000 to 01/2004
General Manager (01/2001)
Responsible for coordinating of due diligence, database accuracy, and general
business development for due diligence, site acquisition, and zoning projects
Developed proprietary GIS (Geographical Information Systems) database of
communications towers and established a clientele of tower companies and wireless
carriers for custom mapping applications and lease up analysis
Performed Project Management of site acquisition and zoning for 300 site build for
Nextel in Atlanta, Georgia
Established and maintained of positive working relationship with clients & contractors.
Site Acquisition and Zoning Manager (01/2000)
Performed Project Management of site acquisition and zoning for 100 site build for
Voicestream Wireless in St. Louis, Missouri
Managed field agents to accomplish the required tasks including preliminary site
drives, zoning analysis, construction caravans, leasing and final zoning through
permit
115
Ken Schmidt
16001 Waterleaf Lane, Ft. Myers, FL 33908 Phone: (813) 335-4766
Email:ken@steelintheair.com
_____________________________________________________________________________
Imperial Tower Leasing, Inc.
Tampa, FL 06/2000-01/2003
General Manager/Part Owner
Performed project management for all development activities related to the
identification and development of potential communication towers including
identifying corridors for suitable for speculative development, RF design, search ring
creation, site acquisition and zoning
Formulated Process for determining lease-up potential of prospective build sites
Negotiated development deal for communication towers with large private tower
company
Broadcast Tower Leasing, Inc.
Tampa, FL 01/1998 to 01/1999
General Manager
Developed and executed strategic plan for identification and development of
community broadcast towers across the US
Managed engineering, marketing, and all phases of site development for community
broadcast facilities
Established strategic relationships and joint marketing agreements with national
vendors and key consultants for development of towers up to 2000’ tall
Created forecast models for all broadcast tower opportunities including lease-up
estimates and cost projections
Managed all external contractors and marketing agents
Recruited, interviewed, hired and trained personnel.
Acme Towers, Inc.
Tampa, FL 01/1997 to 01/1998
Site Acquisition Manager
Managed site acquisition and zoning for Central Florida
Zoned 15 difficult sites in central Florida
Developed and maintained client relationships.
.
EDUCATION & CERTIFICATIONS:
University of Florida School of Law
Gainesville, FL
Juris Doctorate 1996
Concentration in Construction Law and Bankruptcy
Northeast Missouri State University
Kirksville, MO
Bachelor of Science- Political Science 1992
Minor in Business Law
116
Ken Schmidt
16001 Waterleaf Lane, Ft. Myers, FL 33908 Phone: (813) 335-4766
Email:ken@steelintheair.com
_____________________________________________________________________________
INDUSTRY HONORS:
Spoke at the Tower Summit (Industry Conference) twice- “Broadcast Tower
Opportunities” and “Cell Tower Due Diligence”
Spoke at 2005 Georgia Association of Assessing Officials Annual Conference – “Cell
Tower Valuation and Assessment”
Spoke at 2006 Association of University Real Estate Officials- “State of the Wireless
Industry”
Spoke at 2007 Arkansas Appraisers Association Annual Conference-“Cell Tower
Valuation and Assessment”
Spoke at 2008 Inside Self Storage Association Conference on “Cell Site Leases for
Self Storage: Long-Term, Reliable Income Opportunities”
Spoke at 2009 International Association of Assessing Officials Annual Conference on
“Assessing the Value of Cell Towers”
Spoke at 2013 US Navy Appraisers’ Annual Appraisal Conference on “Appraisal of
Cell Towers”
Retained as Expert Witness in Multiple Cases Involving Cell Tower Valuation and
Lease Forecasting Litigation
Regularly Quoted as Cell Tower Expert in Numerous Newspaper Articles including in
the Wall Street Journal,New York Times and in Industry Trade Magazines including
RCR News and AGL Magazine
COMPUTER SKILLS:
Microsoft Office 2013- Powerpoint, Excel, Access, Word, Outlook, CRM Dynamics
MapInfo, ArcInfo- Geographical Information Systems (Mapping Programs)
Google Earth, Bing Mapping
All Delorme Mapping Products
117
Date: August 9, 2019 Report No. 2019-155
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Integrated Pest Management (IPM) supplemental request.
BACKGROUND:
On May 2, 2019, Parks and Recreation (PARD) staff presented City Council with an updated IPM
program and options for implementation. Included with each option was a detailed breakdown of
cost estimates. Council approved and directed staff to implement option 2(A) (Exhibit 1) which
was to immediately discontinue the use of glyphosate products and supplement turf health with
fertilization.
The proposed IPM document submitted to Council contained all proposed products for use on
parkland as well as descriptors for each in Appendix 1. The only product not originally included
in the appendix was Reward, a non-selective herbicide that manages weeds in aquatic areas. This
product was added after glyphosate was eliminated to have an aquatic based product available for
use if needed.
The intent of the additional fertilization was to improve the health of the soil which would promote
grass growth. Over time, the results would be a stronger turf that would act as a natural inhibitor
to weeds. The process of fertilization is the addition of a substance or supplement to increase the
health and fertility of the soil. That substance or supplement could be organic or synthetic in nature.
The product used is dependent on the need of the soil on site.
As part of the IPM update, PARD contracted Howard Garrett to develop an organic maintenance
program for Denia Park. Denia serves as a pilot site for testing organic methods and techniques
that could be applied in other areas of the park system. PARD also proposed to re-institute the
practice of topdressing turf with Dyno Dirt to supplement the soil naturally.
Since City Council direction, Council Member Armintor expressed a desire to continue exploring
organic methods for parkland maintenance and has requested additional information on the subject.
On June 10, Councilmember Armintor, city staff and local resident Jon Hohman conducted a
conference call with representatives from Non-Toxic Neighborhoods (NTN). This conference call
discussed how the organization assists municipalities, school districts, and communities switch to
fiscally sound, and organic land management. NTN stated their sites save 80 percent in water usage
once soil health is achieved. Pending the quality of the soil, this transition can take 18 months to
3 years to achieve. NTN also shared why “green waste” and “bio-solids” are prohibited per their
organic standard guidelines. Staff followed up with Council Member Armintor and provided
information on bio-solids in comparison with Dyno Dirt products. A summary of the conference
call was provided to City Council in the June 21 Friday Report.
Council Member Armintor was provided with information in response to additional questions
regarding the Texas Women’s University (TWU) butterfly garden and the Denia pilot project. Staff
118
Date: August 9, 2019 Report No. 2019-155
met with TWU and found that the butterfly garden is not maintenance free, is periodically fertilized
with a synthetic product, and uses captured rainwater from a nearby greenhouse. A summary of
the site visit at TWU was provided to City Council in the July 12 Friday Report. On July 15th,
Council Member Armintor was also provided with a detailed spreadsheet listing the individual
products being used for the Denia organic maintenance plan, the cost for each product, the quantity,
the coverage area, and the application schedule for three options developed and recommended by
Mr. Garrett. The spreadsheet included a comparison with the park’s traditional maintenance plan
outlining the same detailed breakdown. Exhibit 2 shows the current organic program schedule with
the traditional plan comparison.
DISCUSSION:
The IPM program is a decision-making process to determine pest levels and tolerance thresholds
and combines biological, cultural, physical, and chemical tools to minimize health, environmental,
and financial risks. The program takes a holistic approach in maintenance to meet the multi-faceted
landscapes, diverse needs, and expectations of park users.
Under the updated IPM, Park Maintenance (PM) will apply a more focused approach to improving
and maintaining a healthy soil environment that attracts beneficial organisms and promotes a more
robust turf which will naturally help to combat both insect and weed pests. Implementing the
program will result in additional costs in the beginning but is expected to lower maintenance costs
in areas over time. A supplemental package for funding was submitted by PARD based on the
information provided to Council in the May 2019 meeting.
Analyzing each site and amending the soil as needed will improve grass growth and eventually
help to “choke out” weeds. Initially, this will result in the need to increase water usage and mowing
of sites. PARD recommended re-introducing the practice of topdressing and using Dyno Dirt as a
method of fertilization. The estimated costs is for product that would be used across the entire park
system as needed. Dyno Dirt would not be used with synthetic fertilizer but as an alternative..
Regardless of the type of fertilization, watering will be required to set the product. The cost for
watering in the supplemental request reflects the rental of water trucks and associated labor to
reach Class B parks, non-irrigated parks. The rental costs were based on a 4-5 month use period.
The use of captured rainwater would require additional research to assess the feasibility of
installing a system such as appropriateness of location, infrastructure (pads, screening, security),
equipment (barrels, application tools), and supplies.
The improved turf and grass growth will create an increase in needed mowing cycles. As outlined
in the IPM presentation (Exhibit 1), Class A park mowing cycles are estimated to increase by four
and Class B parks mowing cycles by 12. The costs are based on current contracted pricing and can
fluctuate depending on weather conditions.
CONCLUSION:
The organic maintenance project at Denia Park gives PARD the opportunity to test, monitor, and
document the resources and results of an organic maintenance plan. Currently, practices and
products such as corn gluten meal, Garrett Juice Pro, lava sand to retain soil moisture, and the
119
Date: August 9, 2019 Report No. 2019-155
release of beneficial insects are being used at Denia. This project will subsequently allow PM to
more efficiently and effectively implement similar practices across the larger park system.
All research and information obtained from referred groups indicate that initial costs of
implementing an organic maintenance plan are higher than traditional maintenance practices. As
the health of the environment improves, costs associated with watering and product application
can be reduced, however, there is differing information on the labor intensiveness of maintenance.
The IPM program prioritizes biological, cultural, and physical methods over chemical use.
Additionally, IPM takes the added step of setting thresholds for chemical use. This rounded
approach allows PARD to take multiple factors such as environmental concerns, user experience,
and financial stewardship into account when managing the park system.
EXHIBITS:
Exhibit 1 Presentation Slide
Exhibit 2 Denia Organic Program
STAFF CONTACT:
Laura Behrens
Assistant Director of Parks and Recreation
Laura.Behrens@cityofdenton.com
REQUESTOR:
Council Member Armintor
PARTICIPATING DEPARTMENTS:
Parks and Recreation
STAFF TIME TO COMPLETE REPORT:
3 hours
120
Next Steps | Option 2 Alternate IPM Program
Option 2(A)–Adopt the alternative IPM program excluding glyphosate
Increase Fertilization
•Improve health of turf –grass growth naturally inhibits weed growth
•Impacts
•Additional mowing cycles
•Class A –32 cycles to 36 cycles
•Class B –20 cycles to 32 cycles
•Additional materials cost (fertilizer / water trucks)
•Increased in weeds / perceived reduction in service levels
Mowing Fertilizer Labor / Water Truck
Sub Product
Spot Spray
Only
Sub Product
Broadcast
Total
Spot Spray
Only
Total
Broadcast
Spray
Class A & B Parks Class A & B Parks Class A & B Parks Park System Park System
$248,400 $40,000 $80,000 $1,200 $11,500 $369,600 $381,100
5/7/2019 ID 19-699 7121
Organic Program C
Month Week Item Item Description Acres Cost/Unit Quantity Rate Total Cost Cost/Acre
Feb 2 Corn Gluten Meal Fert & Pre-em Ballfields/Landscape 654lbs/ac 7 40 lbs $17.95 114.45 654 $2,054.38 $293.48
Feb 4 Texas 2 Step Common areas/turf/land 11 40 lbs $16.50 239.53 871 $3,952.16 $359.29
Feb 4 Lava Sand Ball Fields (2 ton/acre) Landscape (1 ton/acre)7 1 tote $245.00 14.00 50 $3,430.00 $490.00
March 1,2,3,4 Trichogramma Wasps Beneficial Insect Release 10,000 eggs/ac 11 3,000 eggs $2.49 146.67 10,000 $365.21 $33.20
Mar 4 Garrett Juice Pro Ball Fields/Landscape 35g/ac 7 55 gal $718.30 1.00 35 $718.30 $102.61
April 4 Garrett Juice Pro Ball Fields/Landscape 35g/ac 7
May 4 Garrett Juice Pro Ball Fields/Landscape 35g/ac 7
Jun 4 Garrett Juice Pro Ball Fields/Landscape 35g/ac 7
Aug 4 Garrett Juice Pro Ball Fields/Landscape 35g/ac 7
Sep 4 Garrett Juice Pro Ball Fields/Landscape 35g/ac 7
Oct 4 Garrett Juice Pro Ball Fields/Landscape 35g/ac 7
Mar 4 Garrett Juice Pro Trees/Landscape 7 55 gal $718.30 1.00 35 $718.30 $102.61
April 4 Garrett Juice Pro Trees/Landscape
May 4 Garrett Juice Pro Trees/Landscape
Jun 4 Garrett Juice Pro Trees/Landscape
Aug 4 Garrett Juice Pro Trees/Landscape
Sep 4 Garrett Juice Pro Trees/Landscape
Oct 4 Garrett Juice Pro Trees/Landscape
Aug 2 Corn Gluten Meal Ballfields/Landscape 654/ac 7 40 lbs $17.95 114.45 654 $2,054.38 $293.48
Dec - Jan PureGro Weed Crush Ballfield Transition/c&c/lands beds/playground 2 16 oz $20.00 40.00 16 $800.00 $400.00
As Needed Beneficial Nematodes Fire Ant Control/Grubs
As Needed Horticultural Cornmeal Disease Control
As Needed PureGro Bug Stop Aphid Control 2 16 oz $20.00 24.00 16 $480.00 $240.00
As Needed Hort Oil Scale
As Needed Sick Tree Treatment
Winter Lac Balsam Wound Paint on Live Oaks and Red Oaks
$14,572.73 $2,314.68
*Total cost does not reflect new Sprayer or Spreaders ($6,000)
*Total cost does not reflect as needed products, such as Beneficial Nematoeds, Molassas, etc.
Traditional Program
Month Week Item Item Description Acres Cost/Unit Quantity Rate Total Cost Cost/Acre
Feb 1 5-0-15 Oxidiazon Fields 7 50 lb 27.67 42 300 $1,162.14 $166.02
Feb 1 Pre - Emergent Prodiamine or equal 11 1 gall $357.00 1.80 21 $642.60 $58.42
Feb 1 Glyphosate Post Emergent 11 1 2.5 $35.00 5.50 64 $192.50 $17.50
March 1 28-3-10 SCU Fields 7 1 lb 0.45 1050 150 $472.50 $67.50
May 1 Extinguish Fire Ant Control 18 25 lbs $6.76 18.00 1 $121.68 $6.76
May, June July 1 46-0-0 Fertilizer 4 apps x 7 acres bermuda transition 28 2000 lbs $0.43 2800.00 100 $1,204.00 $43.00
Growing Season Fire Ant Control Mound Treatment 18 1 lb $15.00 12.00 $180.00 $10.00
August 3 Pre - Emergent Prodiamine or equal 11 1 gall $357.00 1.80 21 $642.60 $58.42
August 1 Extinguish Fire Ant Control 18 25 lbs $6.76 18.00 1 $121.68 $6.76
September 1 42-0-0 SCU Fertilizer 7 2000 lbs $850.00 700.00 100 $1,647.00 $235.29
As needed Misc. Products FA mound treatment/Armyworms/Aphids/Scale $1,000.00 $1,000.00
$7,386.70 $1,669.66
Units
Units
122
Date: August 9, 2019 Report No. 2019-156
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Summary of the process required, benefits, and potential impacts of a multiuse path along the
Pecan Creek Drainage Project (PEC-4).
PURPOSE:
The purpose of this Informal Staff Report is to provide a high-level overview of the benefits,
challenges, impacts, and solutions of the potential use of the PEC-4 right-of-way easements for a
bicycle and pedestrian pathway.
BACKGROUND/DISCUSSION:
The PEC-4 project consists of installing approximately 4,700 linear feet of box culverts along the
Pecan Creek 4 Upper Tributary between Wainwright and Bernard St. The original Pecan Creek
drainage infrastructure was constructed under the Work Progress Administration (WPA) program,
initiated by President Roosevelt in 1935. Council Member Davis requested that staff develop a
plan to document the historical WPA-era culverts before PEC-4 construction begins. Staff is
currently working with the Denton County Office of History and Culture to establish a process for
documentation; more information on the documentation plan was provided in the August 2 Friday
Report. The proposed box culverts are to be completed in four phases. Phase 1 is scheduled to
begin July 2019 and phase 4 is scheduled to be complete by July 2023. The project, once design
is complete, is expected to cost approximately $20 million. This cost estimate includes right-of-
ways, temporary easements, and all construction costs.
Council Member Meltzer inquired about the possibility of installing a multiuse trail- a trail
designed for use by pedestrians and cyclists- on the new box culverts and what the process would
be to survey property owners about their interest in such a trail. To determine if a multiuse trail
could be installed along the proposed box culverts, staff would conduct a feasibility study to
determine if the space created by the box culverts would meet engineering requirements for a
multiuse trail. The minimum width of a multiuse trail is ten feet; however, Parks and Recreation
recommends a minimum of twelve feet. If the minimum width requirements were met, the drainage
requirements would then need to be evaluated to ensure that the multiuse trail would be compatible.
The City currently has drainage easements along PEC-4 and would need to acquire additional
public use easements to include a multiuse trail along the proposed box culverts. Initial
assessments by the project manager lead staff to believe that not all segments of the PEC-4 route
meet both the width and drainage requirements for a multiuse trail. Staff is awaiting formal
direction from a consensus of Council to proceed with a formal feasibility study.
If the installation of a multiuse trail was found to be feasible and compatible with all
requirements, staff would move forward with surveying property owners. Engineering staff
would coordinate with Public Affairs staff to set up an electronic survey for all residents in the
project area and all business owners that would be impacted by the project.
123
Date: August 9, 2019 Report No. 2019-156
On May 15, 2019 the Project Manager for the PEC-4 project, Jim Jenks, visited and informally
surveyed the following property/business owners:
• Daniel Peugh, owner of The Peugh Law Firm (721 W. Mulberry St.)
• Angela Juliet Shangmu, owner of Juliet’s Jewels (315 W. Sycamore St.)
• Jim Gilliam, owner of Cadillac Art and Frame (510 S. Locust St.)
• The Ravelin’s, owner of Ravelin Bakery (414 S. Locust St.)
• Suresh Bhagwat, owner of Denton Plaza (508-516 S Locust St.)
Business owners indicated they would be in favor of general enhancements of bike and pedestrian
pathways along the route of the PEC-4 project, especially if such enhancements would increase
their customer bases. However, concerns were expressed about the exact path of the trail. Residents
are generally opposed to such a trail going through side yards or in between homes. If directed by
Council, staff will formally survey all affected residents in order to better understand viewpoints
and concerns.
Staff is committed to expanding the City’s multiuse trail offerings. Parks and Recreation Director,
Gary Packan, stated that multiuse trails are the number one requested item for his department. The
upcoming parks and recreation master plan contains an entire section dedicated to multiuse trails.
The department is working with UNT to determine the best placement for these trails in the City
and will include recommendations for areas surrounding the PEC-4 project route. As part of this
planning, the department is holding public meetings to get input from both pedestrians and cyclists.
The department is also participating in mobility committee meetings to ensure that any multiuse
trail plan is aligned with the larger mobility needs of the community.
ATTACHMENT(S):
Request 2019-260 Sidewalk Map and New Line
STAFF CONTACT:
Todd Estes
Director of Capital Improvement Projects, City Engineer
Todd.Estes@cityofdenton.com
Gary Packan
Director of Parks & Recreation
Gary.Packan@cityofdenton.com
REQUESTOR: Council Member Meltzer and Council Member Davis
PARTICIPATING DEPARTMENTS: Capital Projects, Public Affairs, Parks and Recreation,
City Manager’s Office, and Development Services
STAFF TIME TO COMPLETE REPORT: 80 hours
124
Date: August 9, 2019 Report No. 2019-157
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
FY 2018-2019 Denton Energy Center (DEC) Dashboard – June 2019
BACKGROUND:
Attached is the FY 2018-2019 Denton Energy Center Dashboard for June 2019. The dashboard
is intended to give a snapshot of relevant DEC metrics. The dashboard highlights the following:
• The Emission Chart displays the June engine runtime hours, starts, stops, monthly and
annual emissions totals and limits.
o Cold Start – Emission system is below 115°. More emissions are produced from
cold starts than warmer starts.
o Warm Start – Emission system is between 116° and 170°.
o Hot Start - Emission system is above 170°.
o Stops – Emissions are produced each time the engine is stopped.
• DEC MWh Generation and Gross Revenue for FY 2018-2019 through June 2019.
• A DEC financial summary showing FY 2017-2018 Actuals, FY 2018-2019 Budget, YTD
Revenues & Expenses and Fiscal Year End Projections by Expense Category.
o DEC Debt Service principal and interest payments will exceed budget by $9.1M
this year in adherence to bond requirements. The variation does not change total
debt service paid over the life of the bond, but does increase the FY 2018-19 debt
service payment.
• The Plant Monthly Run Hour Comparison Graph illustrates the monthly plant run times.
• The Key Trends section explains the footnotes in the financial section and will be used to
explain variances in revenues and expenses.
As we continue to gain historical data of DEC operations we’ll be better able to identify trends in
future months.
ATTACHMENT(S):
Denton Energy Center (DEC) Dashboard – June 2019
STAFF CONTACT:
David Gaines, Director of Finance
(940) 349-8260
David.Gaines@cityofdenton.com
REQUESTOR: Staff Generated
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Date: August 9, 2019 Report No. 2019-157
PARTICIPATING DEPARTMENTS: Finance/DME
STAFF TIME TO COMPLETE REPORT: 4 hours
126
Note: All dollar figures presented are in millions of dollars.City of Denton, Texas FY 2018-19 Denton Energy Center YTD June 2019 DashboardKey Trends(1) In August 2018, $443,454 was paid to COD self insurance fund for insurance on Denton Energy Center ‐The policy period is 5/25/2018 to 5/25/2019.(2) DEC Debt Service principal and interest payments will exceed budget by $9.1M this year in adherence to bond requirements. The variation does not change total debt service paid over the life of the bond, but does increase the FY 2018‐19 debt service payment.(3) Includes $157,000 for rolling stock equipment and $140,000 for the purchase of shelving/racks/equipment in FY 2017‐18.(4) Capital Charge Back represents capitalized expenses during construction and startup. The charge back was charged FY 2017‐18 during construction and startup.FY 2017‐18 FY 2018‐19 FY 2018‐19 FY 2018‐19 ACTUALS BUDGET YTD PROJECTIONDEC REVENUE** $ 11.88 $ 36.30 $ 8.31 $ 29.40 EXPENDITURE SUMMARYEnergy Expense ‐Fuel$ 2.17 $ 14.97 $ 4.10 $ 14.71 Personal Services0.91 1.87 1.26 1.85 Materials & Supplies0.36 0.14 0.13 0.13 Maintenance & Repair0.03 0.26 0.10 0.28 Insurance (1)0.44 0.45 0.01 0.49 Miscellaneous‐‐‐0.01 Operations 0.14 0.82 0.16 0.81 Debt Service ‐Principal (2)‐‐4.18 5.97 Debt Service ‐Interest(2)‐4.45 5.05 7.58 Interfund Transfers‐‐‐‐Transfer to Capital Projects (3) 0.30 0.01‐0.01 DEC EXPENDITURES$ 4.35 $ 22.97 $ 14.99 $ 31.84 CAPITAL CHARGE BACK(4)$ (0.92) $ ‐$ ‐$ ‐DEC NET INCOME$ 8.45 $ 13.34 $ (6.68) $ (2.44)**Preliminary, Unaudited FiguresGeneration & Gross RevenuesMonth Revenue (In Millions)MWh$/MWhOct‐18$2.02 23,521$85.77 Nov‐18$1.71 17,919$95.16 Dec‐18$0.34 5,693$59.61 Jan‐19$0.50 9,665$51.80 Feb‐19$0.80 11,507$69.79 Mar‐19$1.34 17,435$76.77 Apr‐19$0.95 14,467$65.97 May‐19$0.66 12,513$52.41 Jun‐19$1.35 18,327$73.81 Total FY 18‐19$9.67 131,045$73.77 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May JunSeries11,481 1,539 1,033 1,633 1,433 466 752 923 1,458 1,336 2,116 1,3701,481 1,539 1,033 1,633 1,433 466 752 923 1,458 1,336 2,116 1,370 05001,0001,5002,0002,500Run HoursOperating Month Plant Monthly Run Hour Comparison EmissionsJune 2019DescriptionEngine Runtime (hours)Hot StartsWarm StartsCold Starts Stops Description NOx CO VCO PM10PM2.5SO2NH3CO2eEngines (1‐12) 1,370 84 126 127 337 DEC Monthly Emissions Total (tons)1.59 1.47 1.10 0.89 0.89 0.02 0.20 9,015.00 DEC Annual Permit Limit Operations (tons)*29.78 93.52 48.16 69.72 69.72 1.45 60.90 Monthly Plant Emissions per DEC Permit Limit*5.35% 1.57% 2.28% 1.27% 1.27% 1.11% 0.33%Annual to Date Plant Emissions per DEC Permit Limit* 30.81% 9.60% 14.07% 7.62% 7.62% 6.73% 1.88%*Operations Annual limit accounts for Balance of Plant standard emissions127
Date: August 9, 2019 Report No. 2019-158
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
City’s most recent competitive bond sale of Series 2019 General Obligation Refunding &
Improvement Bonds and Certificates of Obligation.
BACKGROUND:
The purpose of this report is to provide the City Council with details regarding the sale of Series
2019 General Obligation Refunding & Improvement Bonds and Certificates of Obligation
authorized on July 16, 2019.
DISCUSSION:
On July 17, 2019, the City along with its financial advisor, Hilltop Securities, conducted a
competitive sale of $44,340,000 in General Obligation (GO) Refunding and Improvement Bonds
and $28,755,000 in Certificates of Obligation (CO). The delivery date of the funds to the City
will be on August 20, 2019.
The participating underwriting firms for the GO bond sale were: Robert W. Baird & Co., Inc.;
UBS Financial Services Inc.; Wells Fargo Bank, N.A.; Citigroup Global Markets Inc.; and BOK
Financial Securities, Inc. The participating underwriting firms for the CO sale were: Robert W.
Baird & Co., Inc.; Wells Fargo Bank, N.A.; UBS Financial Services Inc.; Citigroup Global
Markets Inc.; and BOK Financial Securities, Inc. The GO bonds and the COs were both
awarded to Robert W. Baird & CO, Inc. the lowest true interest cost bidder on both bids.
The GO bonds included the issuance of $19.37 million to fund the fifth year of projects approved
by voters in the November 2014 bond election. The bonds also refunded the remaining principal
amount of the TMPA Scrubber debt (Combination Tax and Revenue Refunding Bonds, Series
2010). As approved by the City Council on July 16, 2019, the bond sale met all of the following
required parameters listed below:
1) The maximum principal amount of bonds shall not exceed $47,990,000;
2) Final stated maturity of February 15, 2039;
3) Refunding must produce savings of at least 3.5%;
4) The sale must occur prior to January 16, 2020.
The present value savings for the GO refunding was $2,213,646.92 or 7.73% of the refunded
bond amount, which was well in excess of the established criteria. The annual savings averages
approximately $368,900 over six (6) years. The all-in true interest cost for the GO bonds, which
includes the cost of issuance, is 1.57%.
Concurrently the City also completed the competitive CO sale for general government,
technology service, electric, water, and wastewater projects. As approved by the City Council on
July 16, 2019, the CO sale met all of the following required parameters listed below:
128
Date: August 9, 2019 Report No. 2019-158
1) The maximum principal amount of the certificates of obligation shall not exceed
$30,720,000;
2) The final stated maturity shall not exceed February 15, 2049;
3) The maximum net effective interest rate shall not exceed 3.75%;
4) The sale must occur prior to January 16, 2020.
The all-in true interest cost for the COs is 2.67%, which factors in the cost of issuance. City staff
was pleased with the results of both sales.
Please do not hesitate to contact me if you have any further questions on the results of the City’s
most recent debt issuance.
STAFF CONTACT:
David Gaines, Director of Finance
(940)-349-8260
David.Gaines@cityofdenton.com
REQUESTOR: Staff generated
PARTICIPATING DEPARTMENTS: Finance
STAFF TIME TO COMPLETE REPORT: 3 hours
129
Date: August 9, 2019 Report No. 2019-159
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Follow-up to request for information regarding public notification of water main breaks resulting
in service interruption.
EXECUTIVE SUMMARY:
Council requested information regarding public notification of water main breaks, specifically if
there was a way to have an automated notification service available to notify residents when a
water main break occurs and/or water service is interrupted.
Several methods are currently used to inform residents of water service interruption. Based upon
the Council request, staff investigated several notification alternatives available to the City through
current channels and software including: City communication channels, Customer Service IVR
call system, CodeRed system, the DME electrical outage map, and the DME electrical outage call
system. The following report outlines the analysis of those options by an interdepartmental team.
BACKGROUND:
Current Process
The City currently has a system in place where citizens can call (940) 349-7000 if to report a
utilities-related incident that requires immediate attention, such as a power outage, downed
electrical poles or wires, a water main break, a clogged or overflowing sewer main, or a leaking
water meter or hydrant. The system for relaying service disruptions to Utilities Dispatch has been
working well (although it is situational and may not have an estimated time of service restoration
when first reported). The current approach includes door hangers, water administration staff
fielding phone calls and personal interactions during business hours, combined with the use of
dispatch after hours and field crews speaking with residents onsite.
Alternatives Evaluated
Staff from multiple departments met to discuss several notification options available to the City
including Public Affairs communications channels, Customer Service IVR call system, CodeRed
system, DME outage map, and the DME outage notification system.
Public Affairs has several communication channels to communicate with residents, although many
are city-wide distribution channels and are not able to be automated. With more than 14,000
followers on Facebook and 11,000 on Twitter, to be effective, the messages distributed through
these channels should be community-wide or have a large impact to many residents, rather than
impacting a small group of residents or neighborhood block. DME has their own Twitter account
to report outages, which is managed by Utilities Dispatch staff (a 24/7 operation), to notify the
public as outages automatically appear through the mapping system tied to the electrical grid and
meters.
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Date: August 9, 2019 Report No. 2019-159
The Customer Service billing IVR call system has the ability to send out notification alerts and has
been used in the past for planned water outages. In those situations, the Water Department provided
the addressing information which is matched to the Customer Information System (CIS) data for
upload and call out. These calls were strategic in nature, planned in advance and made during
daytime hours. It is possible that staff could create a process which would allow entry and
notifications of selected blocks in the affected area to alert recipients through the Customer Service
billing IVR system that they may be experiencing a water outage due to an emergency repair.
However, because the work is emergency in nature, the message would need to be generic as
customer service staff may not be on site after hours, on weekends, or holidays.
The team also evaluated the City’s CodeRed Emergency system and its ability for notifications.
This system is reserved for life threatening emergencies to ensure it does not become overused
which would cause citizens to ignore critical notices. It is not recommended to make this type of
notification based on an isolated incident. CodeRed does offer a General Advisory notification
function under a separate additional subscription. This additional subscription could be a feasible
notification alterative; however, it will require additional coordination with the Fire Department
for all water main breaks and presents some staffing challenges. Furthermore, CodeRed is a geo-
targeted notification system based upon the current physical location of the user, potentially
notifying unrelated citizens, and missing impacted customers. It is not recommended that this
notification be used for water main breaks.
The DME system for mapping outages is automated and directly tied back into the electric
metering software. Software modifications to incorporate water outage information are not
feasible.
Finally, the DME electrical outage call notification system was considered. DME electrical outage
notifications are distributed by Utilities Dispatch using information tied to an electric service
address and account information which can be distributed based upon proximity to a specific
location on a street or block level. For the purposes of water related notifications, it is assumed
that DME customers also have water accounts at the same address as their electric service. Utilities
Dispatch staff could receive location information from Water Utilities field staff and distribute a
message to electrical account holders within a small radius of the break. A limited number of water
customers are not served by DME, so this solution will not account for all water service areas. This
process will still be manual as it relies upon the transfer of information from Water Utilities field
staff to Utilities Dispatch and then Utilities Dispatch staff would notify impacted residents based
upon the best information available from the field.
Recommendation and Trial Program
Because some of these options may impact staffing, staff will continue to monitor public feedback
and requests for such information to determine if additional notification methods warrant the effort
involved. During an emergency, it is often best for field crews to talk with the residents in the field
and focus on getting the work done. It should be noted that many customers already call the
afterhours dispatch line when a water or electric outage occurs so they do have a person to reach
out to regardless of time.
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Date: August 9, 2019 Report No. 2019-159
Beginning the week of August 19, 2019, as a trial program, to determine if it is operationally
feasible and also beneficial to residents, Water Utilities crews will notify Utilities Dispatch of main
break activities and Utilities Dispatch will provide an automated call, using the DME electrical
call out system, to customers within a 0.25 mile radius of a main break that is expected to interrupt
water service to greater than 10 customers for longer than 2 hours. Notification would occur only
between the hours of 7:00 AM and 8:00 PM to not adversely impact residents during the overnight
hours. The trial will run through September 30, 2019.
Prior to communicating with residents directly or making a notification, Utilities staff must first
respond and assess the break, establishing an estimated repair duration. Each leak or main break
varies greatly in scope and complexity. The condition and serviceability of system valves also
affects the spatial impact of each break; many times, valves dictate the number of customers
impacted. For these reasons a 0.25 mile radius has been selected and is expected to result in
notifications being sent to up to 200-250 customers, depending upon the location of the break. In
most cases, impacts will only be felt by fewer than 20 customers.
STAFF CONTACT:
Frank Pugsley
Director of Water Utilities
940-349-8086
REQUESTOR:
Council Member Briggs
PARTICIPATING DEPARTMENTS:
Water Utilities, Fire, Police, Customer Service, Denton Municipal Electric, Communications
STAFF TIME TO COMPLETE:
24 hours
132
Date: August 9, 2019 Report No. 2019-160
HINFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
The impact of House Bill 2840 on the City of Denton.
BACKGROUND:
House Bill 2840 (Canales) is a public meeting-related bill that was adopted by the 86th Session of
the Texas Legislature, signed into law on June 10, 2019, and takes effect on September 1, 2019.
The bill (attached) modifies Chapter 551 of the Government Code to provide that:
1. a governmental body shall allow each member of the public who desires to address the
body regarding an item on an agenda for an open meeting of the body to address the body
regarding the item at the meeting before or during the body’s consideration of the item;
2. a governmental body may adopt reasonable rules regarding the public’s right to address the
body, including rules that limit the total amount of time that a member of the public may
address the body on a given item;
3. only if a governmental body does not use simultaneous translation equipment in a manner
that allows the body to hear the translated public testimony simultaneously, a rule adopted
under (2) that limits the amount of time that a member of the public may address the
governmental body must provide that a member of the public who addresses the body
through a translator must be given at least twice the amount of time as a member of the
public who does not require the assistance of a translator in order to ensure that non-English
speakers receive the same opportunity to address the body; and
4. a governmental body may not prohibit public criticism of the governmental body, including
criticism of any act, omission, policy, procedure, program, or service, unless the public
criticism is otherwise prohibited by law.
Staff requested the City of Denton City Attorney’s Office to evaluate H.B. 2840 to determine if
amendments to the City Council Rules of Procedure (Code of Ordinances 2-29) are required to
comply with the statute.
DISCUSSION:
Each of the four components of H.B. 2840 are discussed below.
Addressing the Government Body
In regard to the ability of citizens to comment during or prior to the consideration of items, the
Denton Code of Ordinances provides citizens with this opportunity for any item on the agenda of
a Regular Session of the City Council. However, City Ordinance 2-29(f)(4)(b) prohibits citizen
comment in a work session unless invited by the Mayor. The newly adopted §551.007(b) provides
that “[a] governmental body shall allow each member of the public who desires to address the
body regarding an item on an agenda for an open meeting of the body to address the body regarding
the item at the meeting before or during the body’s consideration of the item.”
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Date: August 9, 2019 Report No. 2019-160
Because the language of the bill utilizes the term “consideration”, a term that is distinct from
“deliberation”, the City Attorney’s Office has advised that the requirement to allow citizens to
speak during or prior to deliberation may be construed as applying only to items in which the City
Council will take a formal action. Work Session agenda items that receive no formal action from
the Council would not be required to allow public comment and the City’s current procedures are
not required to be amended. This interpretation aligns with that of other cities including Dallas
and Fort Worth.
If the Council elects to consistently allow comment during Work Session (instead of being within
the Mayor’s discretion, as the applicable ordinance now reads), then 2-29(f)(4)(b) would likely
need to be amended. The City Council would also need to make a determination as to when in the
agenda they desire to have citizens make their comments.
Reasonable Rules
While the City of Denton Code of Ordinances 2-29(f)(4)(a)(2) restricts open microphone period
to two (2) speakers; this provision is also permissible under H.B. 2840. No amendment to current
Ordinances or procedures is recommended relating to this aspect of H.B. 2840.
Additional Time for Speakers with a Translator
H.B. 2840 requires that, unless simultaneous translation equipment is used, “a member of the
public who addresses the body through a translator must be given at least twice the amount of time
as a member of the public who does not require the assistance of a translator in order to ensure that
non-English speakers receive the same opportunity to address the body.” This provision could be
appropriately added as a new subsection h under 2-29(f)(4).
Public Criticism
Current ordinances do not prohibit the public criticism of the governmental body and no
amendments to such ordinances are required relating to this aspect of H.B. 2840.
CONCLUSION:
The City of Denton City Council Rules of Procedure (Code of Ordinances 2-29) are substantially
in compliance with H.B. 2840.
At the August 27, 2019 City Council meeting, staff will ask Council to consider an amendment to
the Rules of Procedure to bring the City of Denton into compliance with the requirement that
citizens utilizing a translator be given additional time for public comments.
Additionally, if the City Council expresses an interest in allowing for consistent and regular public
comments at Work Sessions, an additional modification to the Rules of Procedure may also be
required.
ATTACHMENT(S):
H.B. 2840 (Enrolled)
134
Date: August 9, 2019 Report No. 2019-160
STAFF CONTACT:
Ryan Adams
Deputy Director of Public Affairs/IGR
(940) 349-8565
Ryan.Adams@cityofdenton.com
Catherine Clifton
Deputy City Attorney
(940) 349-8132
Catherine.Clifton@cityofdenton.com
REQUESTOR:
Staff Initiated
PARTICIPATING DEPARTMENTS:
Public Affairs
City Secretary’s Office
City Attorney’s Office
STAFF TIME TO COMPLETE REPORT:
Staff: 3 hours
Legal: 4 hours
135
H.B.ANo.A2840
AN ACT
relating to the right of a member of the public to address the
governing body of a political subdivision at an open meeting of the
body.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASubchapter A, Chapter 551, Government Code, is
amended by adding Section 551.007 to read as follows:
Sec.A551.007.AAPUBLIC TESTIMONY. (a) This section applies
only to a governmental body described by Sections
551.001(3)(B)-(L).
(b)AAA governmental body shall allow each member of the
public who desires to address the body regarding an item on an
agenda for an open meeting of the body to address the body regarding
the item at the meeting before or during the body ’s consideration of
the item.
(c)AAA governmental body may adopt reasonable rules
regarding the public ’s right to address the body under this
section, including rules that limit the total amount of time that a
member of the public may address the body on a given item.
(d)AAThis subsection applies only if a governmental body does
not use simultaneous translation equipment in a manner that allows
the body to hear the translated public testimony simultaneously. A
rule adopted under Subsection (c) that limits the amount of time
that a member of the public may address the governmental body must
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provide that a member of the public who addresses the body through a
translator must be given at least twice the amount of time as a
member of the public who does not require the assistance of a
translator in order to ensure that non-English speakers receive the
same opportunity to address the body.
(e)AAA governmental body may not prohibit public criticism of
the governmental body, including criticism of any act, omission,
policy, procedure, program, or service. This subsection does not
apply to public criticism that is otherwise prohibited by law.
SECTIONA2.AAThis Act takes effect September 1, 2019.
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H.B.ANo.A2840
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______________________________ ______________________________
AAAAPresident of the Senate Speaker of the HouseAAAAAA
I certify that H.B. No. 2840 was passed by the House on May 3,
2019, by the following vote:AAYeas 138, Nays 3, 1 present, not
voting.
______________________________
Chief Clerk of the HouseAAA
I certify that H.B. No. 2840 was passed by the Senate on May
22, 2019, by the following vote:AAYeas 31, Nays 0.
______________________________
Secretary of the SenateAAAA
APPROVED:AA_____________________
AAAAAAAAAAAAAAAAAAAADateAAAAAAAAAA
AAAAAAAAAAA_____________________
AAAAAAAAAAAAAAAAAAGovernorAAAAAAA
H.B.ANo.A2840
3
138
Date: August 9, 2019 Report No. 2019-161
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Denton Parks Foundation Updates
BACKGROUND:
To keep the Mayor, City Council, and the Parks, Recreation and Beautification Board up to date
on all Denton Parks Foundation efforts and progress, we will submit occasional staff reports for
review and quarterly summaries.
DISCUSSION:
The Denton community is invited to bring Man's Best Friend to the Civic Center pool for an end
of the summer dip! The Denton Parks Foundation (DPF) is hosting Denton's first dog pool party,
Splish Splash Doggie Bash, benefiting the North Lakes Dog Park. The event has two sessions, and
individuals can buy tickets to one session or both to watch their dog lap around the pool for a great
cause.
Session 1: 9-10:30 a.m.
Session 2: 11 a.m.-12:30 p.m.
Eastside Denton is giving out tokens for the first 150 tickets sold to adults 21 and older. The tokens
can be redeemed for one drink at Eastside during the week. Additionally, Tetra Pak will provide
free water and have a tent with fun, dog-related giveaways. A sponsorship package is still being
negotiated with Tetra Pak.
Other dog-friendly vendors are welcome at the event. DPF is working closely with the Parks and
Recreation staff to evaluate the best layout for the event. The animal shelter staff have also been
vital for understanding and preparing for any possible altercations between the dogs. Together
DPF, PARD, and Animal Shelter staff are working to ensure this event is both fun and safe for
everyone.
Splish Splash Doggie Bash can host 150 dogs and 400 individuals at each session. Dogs are
required to be healthy and up to date on vaccinations. Attendees must show proof of vaccinations
and sign a liability waiver.
Tickets went on sale Aug. 1, and 13 tickets have been sold to date. DPF is working to secure event
sponsors to increase the overall financial benefit of the North Lakes Dog Park. The fundraising
stretch goal from the event is $20,000. The money would be raised through ticket sales,
sponsorships, donations, and vendor fees (dog-related nonprofits will have the fee waived).
This inaugural event is just another way for DPF to engage the community and enhance the mission
of PARD. DPF excited to host Splish Splash to raise money and awareness.
CONCLUSION:
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Date: August 9, 2019 Report No. 2019-161
DPF is working hard to make the inaugural Splish Splash Doggie Bash a success and is
collaborating with stakeholders to ensure the event is fun, successful, and safe. Everyone is invited
to participate on Sept. 7 for this “off the leash” fundraising event!
STAFF CONTACT:
Gary Packan, Director of the Denton Parks and Recreation Department
DRAFTED BY:
Brooke Moore, Executive Director of the Denton Parks Foundation
brooke@dentonparksfoundation.com
REQUESTOR:
Gary Packan, Director of the Denton Parks and Recreation Department
PARTICIPTAING DEPARTMENTS:
Denton Parks and Recreation Department
STAFF TIME TO COMPLETE REPORT:
10 minutes
140
Date: August 9, 2019 Report No. 2019-162
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Built for Zero campaign to end veteran and chronic homelessness
PURPOSE:
This ISR details the components of the national Built for Zero homelessness solutions model and
the City’s involvement with this collaborative community.
BACKGROUND/DISCUSSION:
The Built for Zero Collaborative is a nationwide effort to end veteran and chronic homelessness
by supporting participating communities with the implementation of evidence-based strategies, the
collection of real time data on homelessness, the optimization of local housing resources, and
consistent tracking of progress towards goals.
In 2018 the City applied for and was accepted to the Built for Zero Collaborative. The City’s
participation in the collaborative provided a grant for technical assistance, a type of grant that
helps organizations develop internal capacity to affect change. The City and United Way staff
attended three in person Learning Sessions and participated in monthly coaching calls that
focused on support available from the Built for Zero team and federal partners from the
Department of Housing and Urban Development, the United States Interagency Council on
Homelessness, and the Department of Veteran Affairs.
Specifically, the technical assistance focused on developing internal capacity in the following
areas:
• Taking action to evaluate and improve the local leadership structures and capacity
necessary to end veteran and chronic homelessness
• Learning Quality Improvement tools and methods to take action and solve problems
• Improved data and performance management tools to help track progress and inform
decision making
• System design and improvement support
• Opportunities for cross-community learning and problem solving
During the City’s participation in the learning sessions, we learned about the following
components of Build for Zero’s theory of change and methodology:
• Assessing our current coordinated entry system and by-name list
• Creating short-term goals and strategies to accelerate progress in ending veteran and
chronic homelessness
• Identifying and planning the needed changes to local structures and processes that drive
improvement toward reducing and ending homelessness
• Learning the fundamentals of the Quality Improvement method
• Sharing knowledge with other communities on relevant topics through a series of self-
guided learning circles
• Reviewing opportunities to further leverage the Built for Zero suite of tools
141
Date: August 9, 2019 Report No. 2019-162
Through participation in the Built for Zero collaborative, we discovered that the City, along with
our partner United Way, was already ahead of many of our peer communities by implementing
the collective impact approach to solving complex social issues managed through the Denton
County Homelessness Leadership Team.
As a result of that existing collaboration the City was already successfully engaging in systems
design and systems change strategies with a strong local leadership structure and opportunities
for cross-community learning and problem solving. This work resulted in our Housing Crisis
Response System model and the ongoing work happening in the workgroups, such as bi-weekly
case conferencing, housing solutions, data management, and shelter planning.
The most valuable outcome of our time working with the Built for Zero (BFZ) collaborative was
the assessment of our current coordinated entry (CE) system and by-name list. At the time, only
CE had been implemented locally. Working with BFZ, we were able to significantly advance our
work to implement the Housing Priority List (by-name list), including getting our Homeless
Management Information System (HMIS) database host to make significant improvements in
HMIS. This improved data and performance management tools that are key to helping us track
progress and inform decision making. The Built for Zero collaborative’s rigorous data review
process has since certified our data as reliable. The data has significantly contributed to the Data
Dashboard which is influenced heavily by Built for Zero models. HMIS improvements have
enhanced our ability to track how well systems and process are performing. Our work with Built
for Zero contributed to our decision to create local goals and strategies that prioritize ending
veteran and chronic homelessness. This includes joining other communities in the Mayor’s
Challenge to End Veteran Homelessness by 2020 and the 100 Day challenge to house 30
veterans in 100 days set to launch in January 2020.
The grant has ended so we are no longer actively participating in the technical assistance but
remain supportive of Built for Zero collaborative.
ATTACHMENT(S):
STAFF CONTACT:
Danielle Shaw
Community Development Manager
940-349-7237 danielle.shaw@cityofdenton.com
REQUESTOR:
Council Member Armintor
PARTICIPATING DEPARTMENTS:
Public Affairs, Community Development
STAFF TIME TO COMPLETE REPORT:
2 hours
142
Council Meeting Requests for InformationRow IDTitleRequestRequest Date Staff Responsible DepartmentRequest TypeStatusRequested By2019-357Comprehensive Low-IncomeHousing StrategyWork Session on comprehensive process for low-income housing strategy that includes housingbonds, density bonuses, grants for low income rentals, land swaps and other tactics to maximizethe availability of affordable housing.03/20/19Kuechler/ShawCommunity DevelopmentCouncil MeetingThis will be prioritized with other requests during a future Strategy Session.Meltzer2019-586CDBG LocationsCan CDBG allocations be required to be located in specific areas around the City? How manylots/homes is Habitat for Humanity planning to purchase and build?05/07/19Kuechler/ShawCommunity DevelopmentCouncil MeetingInformation will be provided in a future Friday report.Hudspeth2019-634DCTA Work SessionWork Session on options to enhance City's partnership with DCTA under the new governancestructure.05/21/19CanizaresCity Manager's OfficeCouncil MeetingA work session has been scheduled for August 27.Davis2019-642Industrial Sites to NoiseOrdinanceInformation on how industrial sites could be added to noise ordinance.05/21/19McDonaldDevelopment ServicesCouncil MeetingInformation will be provided in a future Friday report.Briggs2019-628Recycling ContaminationStaff report on ways to reduce recycling contamination rates, including alternative bin designsand what cities with low contamination rates have done to educate the public.05/21/19Boerner/CoxSolid WasteCouncil MeetingInformation will be provided in a future Friday report.Armintor/Meltzer2019-689Mowing ContractsComparison of cost for the City to conduct mowing in-house compared to contracting locally forthis service.06/03/19PackanParks and RecreationCouncil MeetingInformation will be provided in a future Friday report.Armintor2019-685$15 Hourly Minimum StartingPayBudget impact to make minimum starting pay for all City employees (full time, part time, andseasonal) incremental increases leading to $15 per hour ($10, $12, and $15). Data on how manyseasonal employees are in high school or college. Provide additional description of the seasonaland part time positions that are currently making less than $15 per hour.06/03/19Ogden/RomineProcurement/Human Resources Council MeetingInformation will be provided in a future Friday report.Armintor/Ryan2019-707Fee Waiver to Non-ProfitAgenciesInformation on the policy options for a development fee waiver or City administered grantprogram for non-profit agencies.06/04/19Kuechler/Shaw/McDonald Community Development/DevelopmentServicesCouncil MeetingA work session has been scheduled for September 10.Briggs/Armintor/Davis2019-716Bad DebtHow much of Customer Services' bad debt is a result of late fees and penalties?06/04/19Thomson/FosterCustomer ServiceCouncil MeetingA work session is planned for September 10 where this information will bediscussed.Briggs2019-791Credit Collections Work Session Work session on credit and collections follow up for Council to provide policy feedback onpercentage versus flat late fees. Provide comparative data from peer cities related to handling ofaccount deposits and balances on transfers of service.06/04/19Thomson/FosterCustomer ServiceCouncil MeetingA work session is planned for September 10 where this information will bediscussed.Briggs2019-714County Crime LabInformation on steps required to establish a County-wide crime lab.06/04/19Dixon/GainesPolice/FinanceCouncil MeetingInformation will be provided in a future Friday report.Ryan2019-698Choctaw UpdateStaff update on Choctaw natural preservation project.06/04/19Kremer/CoxPublic WorksCouncil MeetingInformation will be provided in a future Friday report.Davis2019-778Referencing EmailsDiscussion on addressing elected officials referencing emails in an open forum without providingcopies of the emails referenced as back-up material for the record.06/18/19WoodCity Manager's OfficeCouncil MeetingInformation will be provided in a future Friday report.Hudspeth2019-886Gas WellsUpdate Gas Well Ordinance to include 500' reverse setbacks, and 1000' setbacks. Include anupdated ordinance, communication strategy, information on the application of the ordinance, andan appeals process.07/16/19McDonald/LealDevelopment Services/City Attorney'sOfficeCouncil MeetingA work session has been scheduled for October 8.Watts2019-895Freedom of Information Act Request for a work session regarding what is allowed when reaching out to a Freedom ofInformation Act requestor07/17/19LealLegalCouncil MeetingInformation will be provided in a future Legal Status report.Watts2019-894DMAC SpaceIs there space or sponsorship funds to assist the Denton Music Arts Collaborative?07/17/19BekkerLibraryCouncil MeetingInformation will be provided in the August 9 Friday report.Briggs2019-893Criminal TrespassingStaff report with information on the number of criminal trespasses on City property andinformation on the Police Department's stance on the issue07/17/19DixonPoliceCouncil MeetingInformation will be provided in a future Friday report.Armintor2019-891Anti-Discrimination Ordinance Request a work session to develop a comprehensive anti-discrimination ordinance07/17/19KuechlerPublic AffairsCouncil MeetingThis will be prioritized with other requests during a future Strategy Session.Armintor2019-912Horse Drawn CarriagesInformation on Horse Drawn Carriages and horse riding within the City, bring ordinance forwardfor Council discussion07/23/19RosendahlDevelopment ServicesCouncil MeetingThis will be prioritized with other requests during a future Strategy Session.Ryan2019-914Telecom LawsuitInformation on the Telecom Lawsuit and Small Cell Antennae lawsuit07/23/19Kuechler/AdamsPublic Affairs/IGRCouncil MeetingInformation will be provided in the August 9 Friday report.Briggs2019-945Street Outreach TeamInformationInformation on current level of service for Street Outreach Team compared to additionalcapabilities with the $64,600 supplemental budget request.08/01/19Kuechler/ShawCommunity DevelopmentCouncil MeetingInformation will be provided in a future Friday report.Armintor2019-950CDBG ProjectsProvide a report on how CDBG funds have been spent over the past few fiscal years.08/01/19Kuechler/ShawCommunity DevelopmentCouncil MeetingInformation will be provided in a future Friday report.Armintor2019-946Integrated Pest ManagementCost ContainmentInformation on ways to reduce the $461,000 supplemental budget request for Integrated PestManagement.08/01/19PackanParks and RecreationCouncil MeetingInformation will be provided in the August 9 Friday report.Armintor2019-947Community Market Restrooms Information on mobile restroom and other, more permanent options for the Historical Park in lieuof porta-potties.08/01/19Packan/WoodParks and Recreation/City Manager'sOfficeCouncil MeetingInformation will be provided in the August 9 Friday report.Armintor2019-977Veteran's HomeCan someone from the City speak with the Veteran's Home on Carroll Blvd. to see if they wouldlike more accessible parking spots, and if the City could offer to paint the new spots as an in-kinddonation.08/06/19EstesCapital ProjectsCouncil MeetingInformation will be provided in the August 9 Friday report.Armintor2019-972DCTA NotificationsHow are DCTA notifications routed to City Council members?08/06/19CanizaresCity Manager's OfficeCouncil MeetingInformation will be provided in a future Friday report.Hudspeth2019-975Resolution against whitesupremacyCan we propose a resolution combating white supremacy?08/06/19BirdseyeCity Manager's OfficeCouncil MeetingInformation will be provided in a future Friday report.Briggs/Armintor2019-978Veteran's HomeCan the Veteran's Home on Carroll be placed on a DCTA Bus Route?08/06/19CanizaresCity Manager's OfficeCouncil MeetingInformation will be provided in a future Friday report.Armintor2019-974DCTA Bus Route #7Why was bus route #7 moved, and is there anything that the City can do to make it safer forpedestrians in the area?08/06/19CanizaresCity Manager's OfficeCouncil MeetingInformation will be provided in the August 9 Friday report.Briggs2019-981Confederate StatueIssue a resolution against the confederate memorial on the square08/06/19BirdseyeCity Manager's OfficeCouncil MeetingInformation will be provided in the August 9 Friday report.Armintor2019-982Lynching MemorialCan a lynching memorial be located on the square? Issue a resolution of support for this loaction08/06/19BirdseyeCity Manager's OfficeCouncil MeetingInformation will be provided in the August 9 Friday report.Armintor2019-983Welcoming CityInclude Welcoming City initiative in the upcoming Council priority session08/06/19WoodCity Manager's OfficeCouncil MeetingInformation will be provided in the August 9 Friday report.Armintor2019-976Shelter Planning Workgroup Prepare an analysis of current gaps in the homeless community assuming the MKOC funding isapproved. What opportunities are there in the next 6 to 12 months? What other ideas are thereand what is needed for all of the stakeholders in the community?08/06/19Kuechler/ShawCommunity DevelopmentCouncil MeetingInformation will be provided in a future Friday report.Meltzer2019-979Veteran's HomeCan the property (located near Aubrey) that was not used for the DEC be preserved as greenspace?08/06/19Lutrick/PuenteDMECouncil MeetingInformation will be provided in the August 9 Friday report.Armintor2019-980Veteran's Hall of FameIs there any space available downtown (or City property) to house the Veteran's Hall of Fame?What kind of space do they need? Please include the CVB in discussions08/06/19RogersEconomic DevelopmentCouncil MeetingInformation will be provided in a future Friday report.Armintor2019-986Park 7 Gas LinesAre there any concerns with the gas lines impacted by the Park 7 construction project?08/06/19VieraEnvironmental ServicesCouncil MeetingInformation will be provided in the August 9 Friday report.Briggs2019-973Police citizen review board How do other cities in the area conduct citizen police review boards?08/06/19DixonPoliceCouncil MeetingInformation will be provided in a future Friday report.2019-984Vigil for Victims Violence in ElPasoCan staff help to publicize the upcoming Vigil for Victims Violence in El Paso on August 10 at LaEstrella Mini Market?08/06/19AdamsPublic AffairsCouncil MeetingInformation will be provided in the August 9 Friday report.Hudspeth2019-985StyrofoamCan we find alternatives to styrofoam plates and cups at City Council meetings?08/06/19BarnettSustainabilityCouncil MeetingInformation will be provided in a future Friday report.Watts143
Other Council Requests for InformationRow IDTitleRequestRequest Date Staff Responsible DepartmentRequest TypeStatusRequested By2019-079Verizon/Frontier Pole Debt Update on the Verizon/Frontier pole attachment debt.12/03/18Puente/Morrow/Adams DMEOther Council RequestsInformation will be provided in a future Legal Status Report.Meltzer2019-414Street ContractorsPrepare a list of contractors who were found to have done faulty compaction work leading tostreet failures.04/02/19EstesCapital ProjectsOther Council RequestsInformation will be provided in a future Friday report.Meltzer2019-600City Funds to Outside Entities Staff report on City funds provided to outside entities including partnerships where real estate isprovided (cash or in-kind), or funding for salaries is provided and the requirements placed onthose entities.05/14/19Gaines/WoodFinance/City Manager's Office Other Council RequestsInformation will be provided in a future Friday report.Davis2019-615Jail time vs. shelter costsHow much does it cost taxpayers for someone to stay one night in jail and how does thatcompare to the daily rate for the Monsignor King enhanced shelter?05/19/19Kuechler/DixonCommunity Development/Police Other Council RequestsInformation will be provided in a future Friday report.Briggs2019-694Living Wage for CityContractorsPrepare a single document responding to the questions raised by City Council during the June 3Living Wage for City Contractors presentation.06/03/19OgdenProcurementOther Council RequestsInformation will be provided in the August 16 Friday report.Armintor2019-699Turnover DataStaff report on turnover rates by department at all pay levels (part time, full time, and seasonal)including which department have the highest turnover rates and at what pay grades the turnoveroccurs, costs associated with turnover to the department, and known reasons for turnover.06/04/19RomineHuman ResourcesOther Council RequestsInformation will be provided in a future Friday report.Armintor2019-729Good Samaritan Duck PondFollow-UpFollow-up requested regarding the date the construction berm was in place and for the City toconduct a water sample at the conclusion of construction project to confirm that the water isclean enough to serve as a TCA-certified wildlife habitat.06/11/19EstesCapital ProjectsOther Council RequestsInformation will be provided in a future Friday report.Armintor/Briggs2019-751Water Main Break Notifications Is there an automated notification service available to notify residents about loss of water when awater main break occurs?06/15/19Banks/ThomsonUtilities AdminOther Council RequestsInformation will be provided in the August 9 Friday report.Briggs2019-779Elected Officials Serving onCommunity BoardsWorkshop on the potentially altering current City requirements for elected officials to serve oncommunity board such as the Economic Development Partnership Board.06/18/19Wood/RiosCity Secretary's OfficeOther Council RequestsThis will be prioritized with other requests during a future Strategy Session.Hudspeth2019-813Update on Potential Kings RowGardenProvide a status update on the potential use of the former Kings Row substation site as acommunity garden.06/30/19Heath/PuenteDMEOther Council RequestsInformation will be provided in the August 9 Friday report.Briggs2019-846Artist in ResidenceCan the Library start an Artist-in-Residence program similar to Arlington's?07/09/19BekkerLibraryOther Council RequestsInformation will be provided in the August 9 Friday report.Briggs2019-851Labor ContractsWhat contracts does the City have for labor positions? Specifically, what is the name of thecontractor, the type of positions we are contracting for, how many of their employees areassigned to the City contract, and what is the lowest wage of laborers under each contract?07/09/19OgdenProcurement and ComplianceOther Council RequestsInformation will be provided in a future Friday report.Armintor2019-870DDC Update Worksession Can there be a future work session regarding garage conversions and whether the number ofunrelated persons residing in a residence has changed?07/12/19McDonaldDevelopment ServicesOther Council RequestsInformation will be provided during a future DDC Update work session.Briggs2019-874Drainage Concerns onLamplighter DriveWhat could be done to address drainage concerns on Lamplighter Drive where a homeownercurrently runs a line to the street due to a capped spring on their property? The line into the streetis a safety concern because of slippery conditions for pedestrians and bicyclist.07/12/19Kremer/CoxPublic WorksOther Council RequestsInformation will be provided in a future Friday report.Meltzer2019-875Heritage Oaks ClosureWhat are the plans to close Heritage Oaks and what is the timing for the new senior communityalong Heritage Oaks to open?07/14/19McDonald/KremerDevelopment Services/Public Works Other Council RequestsInformation will be provided the August 9 Friday report.Briggs2019-898Pedestrian Issue on Longridge What can be done to address pedestrian crossing at Longridge and Teasley? Vehicles are notstopping for pedestrians at this crossing to South Lakes Park07/17/19DixonPoliceOther Council RequestsInformation will be provided in a future Friday report.Briggs2019-906Marijuana Possession Arrests Work Session on a citywide moratorium for small marijuana possession arrests.07/22/19DixonPoliceOther Council RequestsThis will be prioritized with other requests during a future Strategy Session.Armintor2019-907Criminal Trespass Citations Work Session on a citywide moratorium for criminal trespass citations and related arrests forpeaceful sitting, standing or resting on public property.07/22/19DixonPoliceOther Council RequestsThis will be prioritized with other requests during a future Strategy Session.Armintor2019-922NLC prescription drug discountprogramCan the City participate in the NLC prescription drug discount program?07/24/19KuechlerPublic Affairs/IGROther Council RequestsInformation will be provided in the August 9 Friday report.Briggs2019-929Sidewalk Access IssueInformation on sidewalk obstruction on Elm Street where the sidewalk is currently blocked foradditional business parking.07/26/19Kremer/BentleyCIS/Public WorksOther Council RequestsInformation will be provided in a future Friday reportHudspeth2019-928No Sleeping PolicyPlease provide a copy of the policy on uses of public property in buildings that includes the nosleeping rule.07/26/19Kuechler/LealCommunity DevelopmentOther Council RequestsInformation will be provided in a future Friday reportArmintor2019-935Towing QuestionsDoes the City have any current requirements that towing companies be located in the city limits?If a current towing company in Denton sells its business and property to another owner, are thererestrictions on the use of the property?07/29/19BirdseyeCity Manager's OfficeOther Council RequestsInformation will be provided in a future Friday report.Hudspeth2019-937Fred Moore Day NurseryWhat are the future plans for the Fred Moore Day Nursery and are there any impacts to CDBGfunding? Include information on current funding model07/31/19ShawCommunity DevelopmentOther Council RequestsInformation will be provided in a future Friday report.Hudspeth2019-940Fry Street Entertainment DistrictEntertainmentReview the use of the Historic Tax Abatement Incentives to encourage redevelopment in thearea.08/01/19RogersEconomic DevelopmentOther Council RequestsInformation will be provided in a future Friday report.Meltzer2019-952Sports ComplexCould the City Partner with Golden Triangle Mall to turn a vacant department store into a sportscomplex?08/03/19Rogers/PackanEconomic Development/Parks Other Council RequestsInformation will be provided in a future Friday report.Briggs2019-956Church access during HinkleRoad constructionDid the City make an agreement with First Presbyterian church to allow them to access theirdriveway during this construction project?08/05/19EstesCapital ProjectsOther Council RequestsInformation will be provided in the August 9 Friday report.Briggs2019-960Signage on University Drive Can the City work with TxDOT to put signage up on University Drive (near the Braum's) to alertdrivers that the two left turn lanes enter I-35?08/05/19EstesCapital ProjectsOther Council RequestsInformation will be provided in the August 9 Friday report.Hudspeth2019-961Pay Increase by CategoryProvide a breakdown of the total cost of 3% pay increases per payroll category and what is thecost of raising the minimum wage for City employees to $20 per hour. Additionally please providethe minimum pay08/05/19RomineHuman ResourcesOther Council RequestsInformation will be provided in a future Friday report.Armintor2019-9543% pay increase figures by paycategoryProvide a breakdown of the total cost of 3% increases per payroll category while still raising theminimum wage for city employees to $15 an hour.08/05/19Romine/GainesHuman Resources/FinanceOther Council RequestsInformation will be provided in a future Friday report.Armintor2019-955Raising minimum wageWhat would be the cost of raising the minimum wage for city employees to $20 an hour?08/05/19Romine/GainesHuman Resources/FinanceOther Council RequestsInformation will be provided in a future Friday report.Armintor2019-966Intersection of I-35 and 288 Can the City work with TxDOT to improve the safety of this intersection by installing signagealerting motorists of upcoming turn lanes and lane closures? (combine response with 2019-996)08/06/19DeshmukhCapital ProjectsOther Council RequestsInformation will be provided in the August 9 Friday report.Briggs2019-970Bell Traffic SignalAddress issues with visibility of the Bell Avenue traffic signal near the Civic Center.08/06/19EstesCapital ProjectsOther Council RequestsInformation will be provided in the August 9 Friday report.Briggs2019-967Township II ConstructionPlease provide information on the Atmos line that was hit during the Township II construction.08/06/19CanizaresCity Manager's OfficeOther Council RequestsInformation will be provided in the August 9 Friday report.Hudspeth2019-968Accessory Dwelling UnitMailboxesClarification on if residential accessory dwelling units can have separate mailbox.08/06/19McDonaldDevelopment ServicesOther Council RequestsInformation will be provided during a future DDC Update work session.Armintor/Meltzer2019-963City as an EmployerCan you provide the part-time employee numbers for the institutions represented in the InformalStaff Report?08/06/19Rogers/SullivanEconomic DevelopmentOther Council RequestsInformation will be provided in a future Friday report.Armintor2019-964City as an EmployerCan you adjust the tables for the City of Denton Wage Distribution to include part-time employeenumbers and salaries? Break down into categories based on salary.08/06/19Rogers/SullivanEconomic DevelopmentOther Council RequestsInformation will be provided in a future Friday report.Armintor2019-965City as an EmployerCan you adjust the numbers and average and median wage to include First Assistant CityAttorneys and Council Appointees?08/06/19Rogers/SullivanEconomic DevelopmentOther Council RequestsInformation will be provided in a future Friday report.Armintor2019-996Signage at 35 and 288Can signage be installed to educate motorists on changes in traffic patterns at I-35E and Loop288? (combine response with 2019-966)08/07/19Estes/DeshmukhCapital ProjectsOther Council RequestsInformation will be provided in the August 9 Friday report.Briggs144
Row IDTitleRequestRequest Date Staff Responsible DepartmentRequest TypeStatusRequested By2019-988Veteran's Advisory Committee Information on the potential establishment of a Veterans Advisory Committee to Council. 08/07/19WoodCity Manager's OfficeOther Council RequestsThis request will be prioritized during a future Work Session StrategySession.Armintor2019-993Street Construction Timing andDevelopment Around E.McKinneyProvide a short description of street construction timing and known residential developmentaround E. McKinney east of Loop 28808/07/19McDonald/EstesDevelopment Services/Capital Projects Other Council RequestsInformation will be provided in a future Friday report.Meltzer2019-987DME PetitionA petition has been signed regarding DME fees with residents pushing to change the structure ofDME.08/07/19PuenteDMEOther Council RequestsInformation will be provided in a future Friday report.Briggs2019-989Open SpaceAdd the property near Aubrey where veterans meet as a potential open space property. Confirmthat the property is in Denton.08/07/19PackanParks and RecreationOther Council RequestsInformation will be provided in the August 9 Friday report.Armintor2019-1001Civic Center and City Hall Tour Is the Civic Center and City Hall available for a Texas Historical Commission tour on September14?08/08/19WoodCity Manager's OfficeOther Council RequestsInformation will be provided in a future Friday report.Briggs2019-1004CPR at Midnight hoopsWhat type of CPR training is being offered at Midnight Hoops?08/09/19DixonPoliceOther Council RequestsInformation will be provided in the August 9 Friday report.Hudspeth145
August 2019 Sun Mon Tue Wed Thu Fri Sat 1 12:00 pm Council Budget Workshop 4:00pm Public Art Committee 2 11:00 am DCRC 3 4 5 11:30 am Joint Council/ DISD Luncheon 1:30pm Committee on the Environment 5:30 pm Traffic Safety Commission 6 10:30 Committee on Citizen Engagement 12:00 pm CC Work Session 6:30 pm CC Regular Session 7 2:30pm Agenda Committee 5:00pm P&Z Work Session 6:30pm P&Z Regular Session 8 9 11:00 am DCRC 10 11 12 CANCELLED 9:00am Public Utilities Board 5:30pm HLC 13 9:00 am Mobility Committee 11:00 am 2nd Tuesday Session 14 11:00am EDP 2:30pm Agenda Committee 5:00pm P&Z Work Session 6:30pm P&Z Regular Session 15 CANCELLED 4:00pm HaBSCo Meeting 5:30 Board of Ethics 6:00pm Committee on Persons with Disabilities 16 17 8:30 am City Council Retreat 18 19 20 12:00 pm CC Work Session 6:30 pm CC Regular Session 21 5:00pm P&Z Work Session 6:30pm P&Z Regular Session 22 23 24 25 26 6:00pm Public Utilities Board 4:00pm ZBA 27 2:00 pm 4th Tuesday Session 28 29 30 31 146
September 2019 Sun Mon Tue Wed Thu Fri Sat 1 2 No Luncheon Meeting 5:30 pm Traffic Safety Commission 3 No Council Meeting 4 5:00pm P&Z Work Session 6:30pm P&Z Regular Session 5 4:00pm Public Art Committee 6 7 8 9 9:00am Public Utilities Board 11:30 am Joint Meeting w/EDP Board 10 9:00 am Mobility Committee 2:00 pm CC Work Session 6:30 pm CC Regular Session 11 11:00am EDP 12 13 14 15 16 5:30pm HLC 17 2:00 pm CC Work Session 6:30 pm CC Regular Session 18 5:00pm P&Z Work Session 6:30pm P&Z Regular Session 19 4:00pm HaBSCo Meeting 5:00pm Committee on Persons with Disabilities 20 21 22 23 6:00pm Public Utilities Board 24 2:00 pm 4th Tuesday Session 25 11:00 TIF Board (TIRZ 26 27 28 29 30 4:00pm ZBA More Calendars from WinCalendar: Word Calendar, Excel Calendar, Online Calendar 147
October 2019 Sun Mon Tue Wed Thu Fri Sat 1 No Council Meeting 2 5:00pm P&Z Work Session 6:30pm P&Z Regular Session 3 4:00pm Public Art Committee 4 5 6 7 11:30 am Council Luncheon 1:30pm Committee on the Environment 5:30 pm Traffic Safety Commission 8 9:00 am Mobility Committee 2:00 pm 2nd Tuesday Session 9 11:00am EDP 10 11 12 13 14 9:00am Public Utilities Board 5:30pm HLC 15 2:00 pm CC Work Session 6:30 pm CC Regular Session 16 5:00pm P&Z Work Session 6:30pm P&Z Regular Session 17 4:00pm HaBSCo Meeting 5:00pm Committee on Persons with Disabilities 18 19 20 21 22 2:00 pm 4th Tuesday Session 23 24 25 26 27 28 6:00pm Public Utilities Board 4:00pm ZBA 29 No Council Meeting 30 31 148
City Council
City of Denton
Meeting Agenda
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Work Session Room & Council Chambers12:00 PMTuesday, August 20, 2019
WORK SESSION BEGINS AT 12:00 P.M. IN THE WORK SESSION ROOM
REGULAR MEETING BEGINS AT 6:30 P.M. IN THE COUNCIL CHAMBERS
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a
Work Session on Tuesday, August 20, 2019, at 12:00 p.m. in the Council Work Session Room at City Hall,
215 E. McKinney Street, Denton, Texas at which the following items will be considered:
WORK SESSION
1. Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be
given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda.
A Request to Speak Card should be completed and returned to the City Secretary before Council considers
this item.
2. Requests for clarification of agenda items listed on this agenda.
3. Work Session Reports
Receive a report, hold a discussion, and give staff direction on the draft 2019 Historic
Preservation Plan. (ID 19-1840, Roman McAllen)
ID 19-1840A.
Receive a report, hold a discussion, and give staff direction regarding the cost recovery
and resource allocation study for the Parks and Recreation Department (PARD).
ID 19-1721B.
Receive a report, hold a discussion, and give staff direction regarding 2139 and 3167
House Bill draft ordinances and amendments to the 2019 Denton Development Code.
DCA19-0005
b
C.
Receive a report, hold a discussion, and give staff direction regarding the cost recovery
and resource allocation study for the Development Services Department.
ID 19-1941D.
Receive a report, hold a discussion, and give staff direction regarding the FY 2019-20
City Manager’s Proposed Budget, Capital Improvement Program, and Five-Year
Financial Forecast.
ID 19-1930E.
Receive a report and hold a discussion and give staff direction on the proposed Solid
Waste Rates for FY 2019-2020.
ID 19-1948F.
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.
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August 20, 2019City Council Meeting Agenda
1. Closed Meeting:
Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under
Texas Government Code Section 551.086.
Deliberate and discuss competitive information regarding public power operational and
financial matters pertaining to the purchases and risks of wholesale energy supply
pertaining to the proposed electric budget.
ID 19-1797A.
Consultation with Attorneys - Texas Government Code Section 551.071.
Discuss, deliberate, and receive information from the City's attorneys and provide the
City's attorneys with direction regarding legal issues associated with the proposed
agreements between the City and potential contractors for delivery of guaranteed tonnage
to the landfill where a public discussion of these legal matters would conflict with the duty
of the City's attorneys to the City of Denton and the Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize
the City's legal position in any administrative proceeding or potential litigation.
ID 19-1951B.
Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open
Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final
decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the
Texas Government Code (the ‘Public Power Exception’). The City Council reserves the right to adjourn into a
Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq.
(The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of
the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings
Act, including, without limitation Sections 551.071-551.086 of the Texas Open Meetings Act.
_________________________________________________________________________________
REGULAR MEETING OF THE CITY OF DENTON CITY COUNCIL AT 6:30 P.M. IN THE
COUNCIL CHAMBERS AT CITY HALL, 215 E. MCKINNEY STREET, DENTON, TEXAS AT
WHICH THE FOLLOWING ITEMS WILL BE CONSIDERED:
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
“Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and indivisible.”
2. PROCLAMATIONS/PRESENTATIONS
Payroll WeekID 19-1849A.
International Overdose Awareness DayID 19-1889B.
Special Citizens Bond Advisory CommitteeID 19-1922C.
3. PRESENTATION FROM MEMBERS OF THE PUBLIC
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August 20, 2019City Council Meeting Agenda
A. Review of procedures for addressing the City Council.
B. Receive Scheduled Citizen Reports from Members of the Public. This section of the agenda permits
any person who has registered in advance to make a citizen report regarding a public business item he or
she wishes to be considered by the City Council. This is limited to no more than four (4) speakers per
meeting with each speaker allowed a maximum of four (4) minutes to present their report. At the
conclusion of each report, the City Council may pose questions to the speaker or may engage in
discussion. If the City Council believes that a speaker's report requires a more detailed review, the City
Council will give the City Manager or City Staff direction to place the item on a future work session or
regular meeting agenda and advise staff as to the background materials to be desired at such meeting.
C. Additional Citizen Reports - This section of the agenda, which is also known as the "open microphone"
section, permits any person who is not registered for a citizen report to make comments about public
business items not listed on the agenda. This section is limited to two open microphone speakers per
meeting with each speaker allowed a maximum of four (4) minutes. Such person(s) must file a "Blue Card"
requesting to speak during this period, prior to the calling of this agenda item.
During open microphone reports under this section of the agenda, the Council may listen to citizens speak.
However, because notice of the subject of the open microphone report has not been provided to the public
in advance, the Texas Open Meetings Act limits any deliberation or decision by the Council to: a proposal
to place the item on a future agenda; a statement of factual policy; or a recitation of existing policy. Council
Members may not ask the open microphone speakers questions or discuss the items presented during
open microphone reports.
NOTE: If audio/visual aids during presentations to Council are needed, they must be submitted to the City
Secretary 24 hours prior to the meeting.
4. CONSENT AGENDA
Each of these items is recommended by Staff and approval thereof will be strictly on the basis of the Staff
recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to
implement each item in accordance with the Staff recommendations. The City Council has received
background information and has had an opportunity to raise questions regarding these items prior to
consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent
Agenda (Agenda Items A – H). This listing is provided on the Consent Agenda to allow Council Members
to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, the Consent
Agenda Items will be approved with one motion. If items are pulled for separate discussion, they may be
considered as the first items following approval of the Consent Agenda.
Consider approval of a resolution of the City of Denton allowing the Denton Black
Chamber of Commerce to sell alcoholic beverages at the Denton Blues Festival, which
will be held on Saturday September 21, 2019, from 11:00 a.m. to 11:00 p.m., and
Sunday, September 22, 2019, from 10:00 a.m. to 10:00 p.m., at the Quakertown Park
upon satisfying certain conditions; authorizing the City Manager, or his designee, to
execute an agreement in conformity with this resolution; and providing for an effective
date.
ID 19-685A.
Consider adoption of an ordinance of the City of Denton, authorizing the City Manager to
execute a funding agreement between the city and Monsignor King Outreach Center to
ID 19-1689B.
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August 20, 2019City Council Meeting Agenda
provide General Funds for enhanced shelter services to be provided at the facility at 300
S Woodrow Ln, Denton, TX 76205; authorizing the expenditure of funds not to exceed
$400,000.00; and providing an effective date.
Consider adoption of an ordinance of the City of Denton, authorizing the City Manager to
execute a funding agreement between the city and Monsignor King Outreach Center to
provide General Funds for improvements to the facility at 300 S Woodrow Ln, Denton,
TX 76205; authorizing the expenditure of funds not to exceed $80,000.00; and providing
an effective date.
ID 19-1690C.
Consider adoption of an ordinance of the City of Denton approving a City
co-sponsorship in an amount not to exceed $18,587 of in-kind services and resources for
the Denton Blues Festival, which will be held on Friday, September 20, 2019 from 11:00
a.m. to 11:00 p.m., Saturday, September 21, 2019 from 12:00 p.m. to 11:00 p.m., and
Sunday, September 22, 2019, from 10:00 a.m. to 10:00 p.m., at the Quakertown Park;
and providing an effective date.
ID 19-1850D.
Consider adoption of an ordinance of the City of Denton granting the Denton Black
Chamber of Commerce a noise exception pursuant to Section 17-20 of the City of
Denton Code of Ordinances, with respect to sound levels and hours of operation for the
Denton Blues Festival, which will be held on Friday, September 20, 2019 from 11:00
a.m. to 11:00 p.m., Saturday, September 21, 2019 from 12:00 p.m. to 11:00 p.m., and
Sunday, September 22, 2019, from 10:00 a.m. to 10:00 p.m., at the Quakertown Park;
granting an increase in sound levels and a variance in the hours of operation on said dates
for Friday from 11:00 a.m. to 11:00 p.m., Saturday from 12:00 p.m. to 11:00 p.m., and
Sunday from 10:00 a.m. to 10:00 p.m., with sound not to exceed 70 decibels; and
providing an effective date.
ID 19-1851E.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the approval of a first amendment to a Professional Services
Agreement between the City of Denton and Dannenbaum Engineering Company - Dallas,
LLC, amending the contract approved by City Council on June 5, 2018, in the
not-to-exceed amount of $183,839.97; said first amendment to provide Professional
Engineering Services for the 2018 Denton Sidewalks Project in the amount of
$135,715.59; providing for the expenditure of funds therefor; and providing an effective
date (RFQ 6590-007 - providing for an additional first amendment expenditure amount
not-to-exceed $135,715.59, for a total contract amount not-to-exceed $319,555.56).
ID 19-1894F.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
cooperation, authorizing the City Manager to execute a contract with Whirlix Design, Inc.,
for the Construction of Three (2019) Playgrounds for the Parks and Recreation
Department; providing expenditure of funds therefor; and providing an effective date
(RFP 7020 - awarded to Whirlix Design, Inc., in the not-to-exceed amount of
$352,791).
ID 19-1899G.
Consider approval of the minutes of August 5 and August 6, 2019.ID 19-1901H.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
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Consider nominations/appointments to the City’s Boards, Commissions, and Committees:
Airport Advisory Board, Animal Shelter Advisory Board, Board of Ethics, Committee on
Persons with Disabilities, Community Development Advisory Committee, Health &
Building Standards Commission, Historic Landmark Commission, Human Services
Advisory Committee, Library Board, Parks, Recreation & Beautification Board, Planning
& Zoning Commission, Public Art, Public Utilities Board, Traffic Safety Commission, and
Zoning Board of Adjustment.
ID 19-1766A.
Consider approval of a resolution of the City of Denton determining the costs of certain
authorized improvements to be reimbursed by the Rayzor Ranch Public Improvement
District No. 1; approving a Preliminary Service and Assessment Plan, including proposed
assessment rolls; calling and providing notice of a public hearing on September 17, 2019,
to consider an ordinance levying assessments on property located within the Rayzor
Ranch Public Improvement District No. 1; directing the filing of the proposed assessment
rolls with the City Secretary to make available for public inspection; directing city staff to
publish and mail notice of said public hearing; and resolving other matters incident and
related thereto.
ID 19-1907B.
7. PUBLIC HEARINGS
Hold a public hearing on a proposal to adopt a tax rate of $0.60545 with a maximum
allowable rate of $0.628802 per $100 valuation, which will not exceed the lower of the
effective or rollback tax rate.
ID 19-1880A.
Hold a public hearing regarding a request for a resolution of no objection from a
developer applying for 4% housing tax credit with the Texas Department of Housing and
Community Affairs.
ID 19-1692B.
Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, amending Ordinance DCA18-0009q, by establishing a new effective date,
amending Sections of the 2019 Denton Development Code to be consistent with House
Bill 2439 regarding regulating building products, materials, or methods used in the
construction or renovation of residential and commercial buildings; to be consistent with
House Bill 3167 regarding municipal approval procedure for land development
applications; and amendments related to Planned Development, Historic Landmark
Commission composition, Certificate of Zoning Compliance procedure, Replat
procedure, Buffer Points and Minimum Width Requirements, Certificate of
Appropriateness procedure, Historic Landmark Designation procedure, Highway
Corridor maximum building height, Suburban Corridor minimum front yard setback,
allowing Elderly Housing, Tattoo and Body Piercing Parlor, General Personal Service,
Donation Boxes, and Mobile Food Truck in certain Zoning Districts, minimum square
footage for Single Family Detached Dwelling, Short Term Rental use-specific standards,
Low-Impact Manufacturing use-specific standards, Accessory Dwelling Unit use-specific
standards, Street Tree requirements, Parking and Loading requirements for Private
School, Medical Office, and Elderly Housing, Parking Surface Materials, definitions for
Dwelling\Dwelling Unit, Automotive Fuel Sales, Floor Area, General Retail, Mobile Food
DCA19-0005
e
C.
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August 20, 2019City Council Meeting Agenda
Court, Recreational Vehicle, Outdoor Storage, and Outside Storage, adding a definition
for Mobile Food Truck, deleting the definition of Living Space, and other related edits.
STAFF IS REQUESTING THAT THIS ITEM BE WITHDRAWN. (DCA19-0005e,
2019 DDC Amendments, Ron Menguita)
Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, amending Ordinance DCA18-0009q, by establishing a new effective date,
amending certain Sections of the 2019 Denton Development Code to be consistent with
House Bills 2439 and 3167, and amending certain Sections of the 2019 Denton
Development Code to provide clarification, make necessary corrections and other related
edits. STAFF IS REQUESTING THAT THIS ITEM BE WITHDRAWN.
(DCA19-0005f, 2019 DDC Amendments, Ron Menguita).
DCA19-0005fD.
Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, regarding an amendment to the city’s official zoning map; providing for a penalty in
the maximum amount of $2000.00 for violations thereof; providing a severability clause
and an effective date. The Planning and Zoning Commission recommends approval 7-0.
(DCA18-0009u, DDC Update, Ron Menguita)
DCA18-0009
u
E.
Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, suspending enforcement of regulations prescribing the types of materials, products
or aesthetic methods used for construction or renovation of residential and commercial
buildings, in so far as they conflict with HB 2439 passed by the 86th Legislature of the
State of Texas and signed by Governor Greg Abbott on June 14, 2019; enacting selected
interim amendments to preempted provisions of the Denton Development Code (Ord.
2002-040, as previously or hereafter amended), the 2019 Denton Development Code
(Ord. DCA18-0009q, as it now exists or as it may be amended), and building code
regulations; providing for compliance with new state laws affecting materials used in the
construction or renovation of residential and commercial buildings, rules and procedures
before the Zoning Board of Adjustment; providing for appeals; providing related
directives to the City Manager; providing a conflict/savings clause; providing an effective
date. The Planning and Zoning Commission recommends approval 0-0. (DCA19-0006a,
House Bill 2439, Ron Menguita)
DCA19-0006
a
F.
Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, suspending any conflicting application of those permitting and approval procedures
related to subdivision and development plans or plats, contained in either the Denton
Development Code (Ord. 2002-040, as previously or hereafter amended) or the 2019
Denton Development Code (Ord. DCA18-0009q, as it now exists or as it may be
amended), to the limited extent that either conflicts with the provisions of HB 3167,
passed by the 86th Legislature of the state of Texas and signed by Governor Greg Abbott
on June 14, 2019, directing city staff to process all plans and plats as defined in HB 3167
in accordance with the provisions of HB 3167; providing for conflict/savings clause; and
providing an effective date. The Planning and Zoning Commission recommends approval
0-0. (DCA19-0007a, House Bill 3167, Ron Menguita)
DCA19-0007
a
G.
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Z19-0006bH.
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August 20, 2019City Council Meeting Agenda
Texas, amending Ordinance 2015-217 to revise the overlay conditions on approximately
30.7 acres of land zoned Neighborhood Residential (NR-3) District, generally located on
the southwest corner of Hinkle Drive and West Windsor Drive, in the City of Denton,
Denton County, Texas; adopting an amendment to the City’s official zoning map;
providing for a penalty in the maximum amount of $2,000.00 for violations thereof;
providing for severability and an effective date. The Planning and Zoning Commission
recommended approval of the request (6-1). (Z19-0006b, Fireside Addition, Julie
Wyatt)
8. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council
or the public with specific factual information or recitation of policy, or accept a proposal to place the
matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open
Meetings Act, provide reports about items of community interest regarding which no action will be taken,
to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules;
an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about
an upcoming event organized or sponsored by the governing body; information regarding a social,
ceremonial, or community event organized or sponsored by an entity other than the governing body that
was attended or is scheduled to be attended by a member of the governing body or an official or employee
of the municipality; or an announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting topics, above posted.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of
Denton, Texas, on the ________day of ___________________, 2019 at ________o'clock (a.m.) (p.m.)
__________________________________________
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM AND COUNCIL
CHAMBERS ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH
DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED
MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY
SECRETARY’S OFFICE.
Page 7 Printed on 8/9/2019
155
Future Work Session Items 8/09/2019
Meeting Date
13‐Aug
11:00 Start Time
Budget Work
Session/Utility Rate
Ordinances
Proposed 2019 Bond
Program
Utility Street Cuts
Audit(IA)/
Procurement Audit
(IA)/P‐Card Audit (IA) Rayzor Ranch PID DDC Update
Public Meeting
Recordings
20‐Aug
Historic Preservation
Plan Budget Workshop
Development Services
Fees DDC Update
Recreation Cost of
Service Study
Solid Waste Rate
Oridnance/Valet
Contracts
27‐Aug
Pay‐As‐You‐Go
Program Overview Budget Workshop Chamber Contract Atmos Energy Update
Construction Code
Review Board of Ethics
9‐Sep Lunch
10‐Sep Municipal Broadband Roadway Impact Fee
Manufactured Home
Financial Risk Disclosure
Credit and Collections
Study
17‐Sep DCTA Update Budget Workshop Charity Care
Amazon Smile City
Contributions
Economic Development
Corridor
Plan/Reinvestment
Grant
Signage and Design
Standards
24‐Sep
City Facility Naming
Policy Mosley Road Landfill
Work Session Strategy
Session Outdoor Noise Audit Work Plan
Roadway Quality Audit
(IA)/Police Overtime
Audit (IA)
10‐7 Lunch
8‐Oct
Development Services
Certified Mailings
Council & Committee
Rules of Procedure Gas Well Setback Employee Ethics Policy DME Budget Update Relocation Policy
15‐Oct
Municipal Rental
Inspection Program
Update
Commercial Food
Diversion (October) Quiet Zones City Hall West
Non‐Profit
Development Fee Grant
Program
Affordable Housing/
Housing Assistance Scooter Share
Waste Reduction
Strategies
Construction Code
Review
Accounts Payable
Audit (IA)
Right of Way
Ordinance Follow‐up
Sobering Centers
Group Home Code
Amendment
November 4 DISD
Luncheon
(Demogrpaher)
Mews Streets
Purchasing Manual
Update
Top priorities from
3/4 Work Session
Top Priorities from
4/23 Work Session
Date TBD
Currently Slated Work Session Items
Joint EDPB/City Council Luncheon
Cole/Hunter Ranch
Budget Workshop
156
Street/Intersection From To Date of ConstructionDate of Completion Brief Description of Construction Department LettersOther CommunicationDepartment Contact:Updated Information / Notes Balboa Ct.Lido Way Cul de sac8/12/19 9/13/19Concrete Sidewalk Repair (Temporary Lane Closure; Street will Reopen after 5 pm)Streets(940) 349‐7160 New ProjectBlagg Rd.Mayhill Geesling3/18/19 10/31/19Mayhill Project Bridge (Temporary Street Closure)EngineeringWebsite & Nextdoor Notification(940) 208‐4318Part of Mayhill Rd. Widening Capital ProjectBonnie Brae St.RoselawnNorth of Vintage7/1/17 10/1/19Street Widening (No Street Closures)Engineering 6/14/18(940) 349‐8910Part of Bonnie Brae Ph. I Capital ProjectBonnie Brae St.Highland Park Willowwood5/13/19 8/23/19Water Main Replacement North South Water Main Ph. II ( Temporary Street Closure)EngineeringWebsite, Nextdoor Notification(940) 349‐8910Part of North South Water Main Ph. II Capital Project (Bonnie Brae from Roselawn to I35E);Bonnie Brae St.Intersection of Scripture6/13/19 8/31/19Roundabout Bonnie Brae Ph. IV (Intersection Closure)Engineering 5/25/19Website, Nextdoor Notification(940) 349‐8910Part of Bonnie Brae Ph. IV Capital Project (I35E to Scripture); Overall intersection completion is 11/13/19Brinker Rd.Loop 288 Quail Creek7/8/19 8/29/19Storm Drain Demolition (Temporary Lane Closure)DrainageWebsite, Nextdoor Notification(940)391‐6299Cruise St.Fiste Comer8/12/19 9/13/19Concrete Sidewalk Repair (Temporary Lane Closure; Street will reopen after 5 pm)Streets(940) 349‐7160 New ProjectHercules Ln.Sherman Stuart3/25/19 8/12/19Water Main Replacement (Temporary Lane Closure)Water3/4/19(940) 391‐0050Completion accelerated from 8/12/19; Part of Hercules Water ProjectHickory St.Ave BFry6/12/19 8/19/19Drainage and Street Improvements (Street Closure)Streets 5/30/19Wesbsite, Nextdoor Notification(940) 349‐7160Street repairs to follow on Hickory from Fry to Carroll Street Closures Report Week of August 12 ‐ August 18, 2019 CURRENT PROJECTSSee Yellow Highlighted for Major ClosuresCURRENT PROJECTSSee Yellow Highlighted for Major ClosuresThe Construction Projects Report is updated weekly and reflects most City planned construction projects that impact traffic for a minimum of 5 days. Construction projects not listed on this report may not meet this criteria, or are not a City of Dentonmanaged improvement or construction project.157
Street/Intersection From To Date of ConstructionDate of Completion Brief Description of Construction Department LettersOther CommunicationDepartment Contact:Updated Information / Notes Hickory St.Intersection of Fry6/12/19 8/19/19Drainage and Street Improvements (Street Closure)Streets 5/30/19Wesbsite, Nextdoor Notification(940) 349‐7300Street repairs to follow on Hickory from Fry to CarrollHighview Cir.Forrest Ridge Forrest Ridge6/10/19 8/16/19Street Reconstruction (Full Street Closure; Reopen at 6 pm daily)Streets 5/6/19(940) 349‐7160Hinkle Dr.US 380 Headlee5/23/19 9/1/19Street and Drainage Improvements Magnolia Drainage Ph. II (Street Closure)Engineering 11/13/18(940) 349‐8910Part of Magnolia Drainage Capital Project (Hinkle from University to Windsor and Windsor from Hinkle to Elm)Hinkle Rd.Headlee Windosr7/3/19 9/1/19Street and Drainage Improvements Magnolia Drainage Ph. II (Street Closure)Engineering 6/26/19Part of Magnolia Drainage Capital Project (Hinkle from University to Windsor and Windsor from Hinkle to Elm)Huntington Dr.Hercules Sun Valley6/17/19 8/12/19Water Main Replacement (Temporary Lane Closure)Water3/24/19(940) 391‐0050Completion accelerated from 8/16/19; Part of Hercules Water ProjectKendoph Ln.Underwood Willowwood7/24/19 8/17/19Street Resurfacing, Curb and Gutter (Temporary Street Closure; will reopen at end of each day)Streets 5/6/19Website, Nextdoor Notification(940) 349‐7160Kerley St.Duncan Shady Oaks4/25/19 8/31/19Wastewater Main Replacement (Temporary Street and Lane Closures)WastewaterWebsite, Nextdoor Notification(940) 349‐7128Cpmpletion extended from 8/17/19Lido WayBell Cul de Sac8/12/19 9/13/19Concrete Sidewalk Repair (Temporary Lane Closure; Street will Reopen after 5 pm)Streets(940) 349‐7160 New ProjectLocust St.E. Prairie Maple8/12/19 10/14/19Drainage Improvements Pec 4 Ph. I & II (Temporary Lane Closures)Engineering(940) 268‐9726 New ProjectMayhill Rd.US 380 Edwards9/1/17 2/1/20Street Widening (Temporary Lane Closures)Engineering 1/3/18, 1/24/18Door Hangers(940) 208‐4318Part of Mayhill Rd. Widening Capital ProjectE. McKinney St.Grissom S. Fork3/11/19 12/1/19Storm Drain Installation and Street Widening (Temporary, Intermittent Closures)Engineering 3/7/19(940) 349‐8910Part of McKinney Rd. Widening Capital ProjectMcKinney St.Intersection of Woodrow8/12/19 8/19/19Signal Improvements (Temporary Lane Closures)Traffic(940) 349 7486 New Project158
Street/Intersection From To Date of ConstructionDate of Completion Brief Description of Construction Department LettersOther CommunicationDepartment Contact:Updated Information / Notes Morse St.Intersection of Mayhill8/1/19 9/1/19Mayhill Street Widening (Mayhill lanes open; No access to Morse from Mayhill)Engineering(940) 349‐8910Part of Mayhill Rd. Widening Capital ProjectMyrtle St.Collins Daugherty7/10/19 8/16/19Locust Substation Construction (Temporary, Intermittent Street Closures)DME(940) 349‐7669Completion delayed from 8/7/19Newport Ave.Mockingbird Pace8/12/19 9/13/19Sidewalk Repair (Temporary Lane Closure, Will reopen after 5 pm each day)Streets(940) 349‐7160 New ProjectOrr St.Bolivar Locust8/10/19 9/4/19Water Improvements (Temporay Lane Closure; Reopen at end of each day)WaterWebsite(940) 391‐0050Completion accelerated from 9/7/19; Wastewater and Streets to followOrr St.Intersection of Locust8/10/19 9/4/19Water Improvements; Part of Orr Water Project (Temporary, Intermittent Lane Closures)Water(940) 391‐0050 Part of Orr Water ProjectParkway St.Carroll Denton7/22/19 8/23/19Sidewalk Repair (Temporary Lane Closure)StreetsWebsite(940) 349‐7160Prairie St.Locust Wainwright7/31/19 10/1/19Drainage Improvements Pec 4 Ph. I & II (Termporary, Intermittent Street Closure)Engineering(940) 268‐9726Part of Pec 4 Ph. I & II Capital Project; Closures from Wainwright to Bell to followSandy Creek Dr.Angelina Bend Angelina Bend7/17/19 8/23/19Wastewater Improvements (Temporary Street Closure to Thru Traffic, Will reopen at 6 pm each day)WastewaterWebsite(940) 349‐7128Completion extended from 8/13/19Sheraton Rd.Hercules 350 ft north6/17/19 8/12/19Water Main Replacement (Temporary Lane Closure)Water3/24/19(940) 391‐0050Completion accelerated from 8/16/19; Part of Hercules Water ProjectSherman Dr.Monterey Stuart5/7/19 8/16/19Wastewater Main Replacement (Temporary Lane Closure)WastewaterWebsite(940) 349‐8909Sherman Dr.Intersection of Windsor7/12/19 8/16/19Wastewater Main Replacement (Temporary Lane Closures)Wastewater(940) 349‐8909University Dr. (US 380)1200 ft west of Mayhill1200 ft east of Mayhill6/3/19 8/16/19Street Repair (Temporary, Intermittent Lane Closures)EngineeringWebsite(940) 349‐8910Part of Mayhill Rd. Widening Capital ProjectFt. Worth Dr. (US 377)IH 35E0.26 mi south of FM 183012/3/18 12/12/20Street Widening (Temporary Lane Closures during non‐peak traffic)TxDOT9/25/18Public Meeting 10/8(940) 387‐1414159
Street/Intersection From To Date of ConstructionDate of Completion Brief Description of Construction Department LettersOther CommunicationDepartment Contact:Updated Information / Notes Wainwright St.Sycamore Bell6/24/19 9/13/19Atmos Utility Relocation (Temporary, Intermittent Street Closure)Atmos 6/20/19Completion extended from 8/14/19William St.Oak Hickory7/29/19 8/19/19Street Improvements (Temporary Street Closure; Reopened at end of each day)StreetsWebsite(940) 349‐7160Yellowstone Pl.Hercules 350 ft north6/12/19 8/12/19Water Main Replacement (Temporary Lane Closure)Water3/24/19(940) 391‐0050Completion accelerated from 8/16/19; Part of Hercules Water ProjectWintercreek Dr.Kappwood Country Club8/5/19 9/20/19Concrete Street Panel Repair (Temporary Lane Closures)Streets(940)349‐7146 New Project160
Street/Intersection From To Date of ConstructionDate of Completion Brief Description of Construction Department LettersOther CommunicationDepartment Contact:Updated Information / Notes Cordell St.Fulton Alice7/1/19 7/24/19Curb, Gutter, and Base Failure Repair (Temporary Lane Closure; Street will open after 5 pm)Streets6/20/19(940) 349‐7160Edgewood Pl.Northwood TerraceCrestwood5/9/19 7/16/19Wastewater and Water Main Replacement (Temporary, Intermittent Road Closure; Reopen at 6 pm each day)Wastewater and Water5/2/19(940) 349‐7300Egan St.Lovell Malone6/17/19 8/7/19Street Reconstruction (Full Street Closure; Reopen at 5 pm daily)Streets 6/11/19(940) 349‐7160 New CompletionGlenn Falls Ln.Blue Sky Lane Cul de Sac7/1/19 8/2/19Sidewalk Repair (Temporary Lane Closure, Street will open after 5 pm)Streets 6/21/19(940) 349‐7160Greenwood Dr.Intersection of Robin Wood7/8/19 7/18/19Valley Gutter Installation (Street Closure)Streets(940) 349‐7160Highland St.Carroll IOOF5/20/19 7/25/19Highland Street Fence (Intermittent Closures)ParksWebsite(940) 349‐7464Johnson St.E. Collins E. Daugherty5/29/19 8/6/19Water Main Replacement (Temporary Street Closure; will open at 6:00 pm daily)Water5/6/10(940) 391‐0050 New CompletionKendoph Ln.Underwood Willowwood7/24/19 7/27/19Street Resurfacing, Curb and Gutter (Temporary Street Closure; will reopen at end of each day)Streets 5/6/19Website, Nextdoor Notification(940) 349‐7160Kings RowYellowstone Sherman5/6/19 7/12/19Street Reconstruction (Temporary Lane Closure)Streets12/7/18(940) 349‐7160Kings RowYellowstone Stuart5/29/19 7/12/19Street Reconstruction (Temporary Lane Closure)Streets 4/9/19Website, Nextdoor Notification(940) 349‐7160Kirby Dr.San Felipe Memorial7/15/19 8/7/19Street Panel/Sidewalk Repair (Temporary Lane Closure)Streets(940) 349‐7160 New CompletionLipizzan Dr.Tennessee Rocky Mountain7/8/19 7/24/19Street Panel/Sidewalk Repair (Temporary Lane Closure)Streets 7/2/19(940) 349‐7160Locust St.Collins Daugherty6/13/19 7/15/19Locust Substation Construction (Temporary, Intermittent Closures)DME(940) 349‐7669COMPLETED PROJECTS161
Street/Intersection From To Date of ConstructionDate of Completion Brief Description of Construction Department LettersOther CommunicationDepartment Contact:Updated Information / Notes Mills Rd.Mayhill Cunningham6/3/19 7/30/19Storm Drain Inlet and Repave (Temporary Street Closure)Engineering 5/15/19Website , Nextdoor Notification(940) 208‐4318Part of Mayhill Rd. Widening Capital ProjectMyrtle St.Eagle Maple1/31/19 7/18/19Eagle Drainage Improvements (Street Closure)Engineering 8/21/18Contacted DCTA(940) 349‐8910Part of Eagle Dr. Drainage Capital ProjectNorthwood TerraceCul de sac Edgewood Place5/9/19 7/16/19Wastewater and Water Main Replacement (Temporary, Intermittent Road Closure; Reopen at 6 pm each day)Wastewater and Water5/2/19(940) 349‐7300Part of Northwood/Edgewood ProjectOak St.Intersection of Fry7/12/19 7/26/19Signal Improvements (Temporary Lane Closures)Traffic(940) 349 7486Oak St.Intersection of Jagoe7/26/19 7/29/19Signal Improvements (Temporary Lane Closures)Traffic(940) 349 7486Stuart Rd.Long Keystone1/30/19 7/26/19Street Reconstruction (Street Closure)CM ConstructionNextdoor Notification(940) 231‐9963Sweetgum Dr.Daisy Lantana6/24/19 7/24/19Street Panel/Sidewalk Repair (Temporary Lane Closure)Streets6/12/19(940) 349‐7160Third St.Bolivar N. Elm8/5/19 8/6/19Curb and Gutter Replacement/Street Resurfacing (Temporary Street Closure, will reopen at end of each day)Streets(940) 349‐7160 New CompletionWainwright St.Prairie Highland7/1/19 8/1/19Drainage Improvements Pec 4 Ph. I & II (Street Closure)Engineering 6/20/19(940) 268‐9726Part of Pec 4 Ph. I & II Capital ProjectWindsor Dr.Intersection of Sherman7/30/19 8/6/19Signal Improvements (Temporary Lane Closures)Traffic(940) 349 7486 New CompletionYellowstone Pl.Kings Row Sun Valley7/1/19 7/24/19Sidewalk Repair (Temporary Lane Closure; Reopen at 5 pm daily)Streets6/12/19(940) 349‐7160162
Street/Intersection From To Date of ConstructionDate of Completion Brief Description of Construction Department LettersOther CommunicationDepartment Contact:Updated Information / Notes Bell Ave.Intersection of Mingo8/23/19 8/26/19Signal Improvements (Temporary Lane Closures)Traffic(940) 349 7486Bell Ave.Intersection of Sherman8/27/19 8/30/19Signal Improvements (Temporary Lane Closures)Traffic(940) 349 7486FM 2181City of Denton/Corinth City limitsLillian MillerTBDTBDStreet WideningTxDOT(940)‐387‐1414TxDOT Project ‐ currently on holdHickory St.FryWelch8/19/19 12/19/19Street ReconstructionStreets(940) 349‐7160Street repairs to follow on Hickory from Welch to CarrollHickory Creek Rd.Teasley RiverpassTBDTBDStreet Widening (Temporary Lane Closures)Engineering 11/26/18(940) 349‐8910I35E northbound service roadlocated500 ft west of Bonnie Brae9/23/19 11/2/19Wastewater Improvements (Temporary Lane Closures)Wastewater(940) 349‐7128 Start delayed from 9/12/19Lakeview Blvd.Blagg Stallion8/19/19 9/20/19Concrete Panel Repair (Temporary Lane Closure)Streets(940) 349‐7160Massey St.Hwy 377 200' WestTBDTBDStreet Boring (Street Closure)TxDotEmail Notifications(940) 387‐1414Mistywood Ln.Woodhaven Jamestown9/21/19 1/22/20Water Main Replacement, Street Repairs (Temporary Lane Closure, Reopen at 6 pm daily)Water12/17/18(940) 391‐0050Start delayed from 8/17/19; Part of Mistywood Water ProjectOrr St.ElmLocust8/24/19 9/21/19Wastewater Improvements (Temporary Lane Closure; Reopen at end of each day)Wastewater(940) 349‐7128Start delayed from 8/14/19; Street repairs to followRoselawn Dr.Bonnie BraeKansas City Southern RRTBDTBDDrainage and Roadway Construction Bonnie Brae Phase 1 (One Lane traffic control)EngineeringN/A(940) 349‐8910Part of Bonnie Brae Ph. I Capital ProjectRockwood Ln.Royal Mistywood10/28/19 TBDStreet Repairs (Road Closure)Streets 11/23/18Door Hangers(940) 349‐7160Rockwood Ln.Royal Mistywood9/21/19 1/22/20Water Improvements (Temporary Lane Closure; Will reopen at 6 pm daily)Water(940) 391‐0050Start delayed from 8/17/19; Part of Mistywood Water ProjectRoyal Ln.Royal Rockwood10/28/19 TBDStreet Reconstruction (Road Closure)Streets 11/23/18(940) 349‐7160UPCOMING PROJECTS163
Street/Intersection From To Date of ConstructionDate of Completion Brief Description of Construction Department LettersOther CommunicationDepartment Contact:Updated Information / Notes Royal Ln.Mistywood Rockwood9/21/19 1/22/20Water Improvements (Temporary Lane Closure; Will reopen at 6 pm daily)Water(940) 391‐0050Start delayed from 8/17/19; Part of Mistywood Water ProjectSaddleback Dr.Intersection of Highpoint8/26/19 9/6/19Concrete Panel Repair (Temporary Lane Closure)Drainage(940)391‐6299Shady Oaks Dr.Teasley WoodrowTBDTBDBase Repairs (Temporary Lane Closure)Streets Electronic SignsMeet with business owners(940) 349‐7160Crews will move here after work on Kerley St. is completeSmith St.Johnson Dallas9/3/19 10/1/19Wastewater Improvements (Temporary Lane Closure)Wastewater(940) 349‐7128 Start delayed from 8/19/19Thomas St.Panhandle OakTBDTBDStreets ConstructionStreets(940) 349‐7160 Part of 2019 Street BundleVintage Blvd.US 377 I35W10/9/19 12/8/21Street Widening Bonnie Brae Phase 2Engineering(940) 349‐8910Part of Bonnie Brae Ph. II Capital ProjectWayne St.Boyd Mozingo9/5/19 10/9/19Water Improvements (Temporary Lane Closure, Will reopen at end of each day)Water(940) 391‐0050Start accelerated from 9/9/19Windsor Dr.Intersection of Locust8/20/19 8/22/19Signal Improvements (Temporary Lane Closures)Traffic(940) 349 7486164