2017-051 Senate Bill 1004Date: July 28, 2017 Report No. 2017-051
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Implementation of SB 1004 (Small Cellular Antennas/Nodes)
BACKGROUND:
In the 85th Legislative Session, the Texas Legislature passed and Governor Abbott signed into law,
Senate Bill 1004 (small cellular antennas or nodes). The new law goes into effect statewide on
September 1, 2017. It is also a mandate for cities on the requirements and methodology to allow
wireless telecommunication companies to install small cellular nodes on new and existing utility
poles within the City’s right-of-way. The new law erodes the City’s ability to manage its right-of-
way by establishing the maximum fees cities can charge, the timing in which permits must be
reviewed and approved, and prohibits the ability to deny requests or place moratoriums on
additional device installations.
According to the cellular industry the nodes are necessary as consumers continue to migrate
towards solely using cellular communications in their homes and businesses. To that end, the need
for additional coverage is necessary due to public demand. This is also a strategy for the telecom
industry as it begins to rollout the new 5G technology.
Based on the impending timing of the new law, cities across the state are working to establish the
requisite ordinances, design manuals, application forms, and internal review processes to be in
compliance by September 1.
The following are highlights of the new law:
Mandates that network nodes and their support poles to be installed in the City’s right-of-
way
o Includes the use of existing utility poles, traffic signal poles, and the installation
of new poles
o Restricts the installation of nodes on existing decorative poles
o Allows for some restrictions in historic and design districts (i.e. install decorative
poles, reasonable design and concealment restrictions)
o Sets height at a 55-foot maximum
Establishes permit requirements
o Generally required for a node, support pole, and transfer facility
o Up to 30 network nodes are allowed per permit
o Prohibits cities from issuing permits for routine maintenance, replacing or
upgrading the existing node
Establishes time line (shot clock) on City’s permit approval process and Telecom’s
installation
o Network node permit request: 30 days for the City to determine completeness; 60
days to approve or deny, and if not acted upon in this timeframe the permit is
granted
o Node support pole permit: 30 days for the City to determine completeness; 150
days to approve or deny, and if not acted upon in this timeframe the permit is
granted
o Transfer facility: 10 days for the City to determine completeness; 21 days to
approve or deny, and if not acted upon in this timeframe the permit is granted
o If a permit is denied for being incomplete the applicant may resubmit a completed
application within 30 days; the City has 90 days to act on resubmitted applications
Establishes the fee structure:
Network Nodes:
o Application fee: $500 for up to five network nodes, $250 for each addition network
node on a permit
o Annual node site rental rate: $250 per node site, annual CPI adjustment is allowed
Node Support Poles:
o Application fee: $1,000 each pole
o Annual pole rental rate: $250 per pole site
Defines the restriction of node and pole installations by zoning districts
o Municipal parks that meet certain criteria
o Residential areas that meet certain criteria
o Historical districts that meet certain criteria
o Design districts that meet certain criteria
Allows for cities to establish a design manual
o The adopted design manual would establish the City’s design guidelines regarding
the aesthetics of the nodes, the support poles, the nodes enclosure, and the
camouflaging of the electrical supply
This new law is an unfunded mandate established by the Texas Legislature and is set to go into
effect September 1, 2017. At this time there are minimal options available to consider. However,
the City of McAllen, Texas, is compiling a list of cities that may be interested in forming a group
to sue the State of Texas to call into question the constitutionality of the law. This effort may delay
the implementation of the new law and allow cities additional time in evaluating the law’s impact.
Nevertheless, the City is pursuing the effort for this law going into effect on September 1.
The information related to SB 1004 is being forwarded and reviewed in work session for input
with the following City Boards and Commissions:
Planning & Zoning Commission: August 9, 2017
Public Utility Board: August 14, 2017
Historical Landmark Committee: August 14, 2017
The plan is for an ordinance to be presented and considered at the August 22, 2017, City Council
meeting.
ATTACHMENTS:
1. Senate Bill 1004 legislation
STAFF CONTACT:
Mario Canizares, Assistant City Manager
(940) 349-8535
Mario.Canizares@cityofdenton.com
Revision Date 7/26/17 Council Requests for Information Request Request Date Staff Responsible Status 1. Leased parking spaces in Williams Trade Square (Wells Fargo) 2/21/17 Booth/Glover This item is scheduled for a work session on August 8. 2. Report on the background and level of service for gas well inspections / work session on gas well setbacks 3/21/17 Kuechler 3. Discussion on City Hall West 3/21/17 Langley/Canizares This item is scheduled for a work session on August 15. 4. Work session on adding fitness equipment in the walkways at parks (cost, feasibility, locations) 4/4/17 Vorel Include as part of budget presentation and supplemental budget option. 5. Policy on contract penalties for vendors not completing the work on schedule (public works incentive contracts) 4/25/17 Langley/Leal/ Canizares This item is scheduled for a work session on August 1. 6. City-owned property inventory 5/23/17 Williamson This item is scheduled for a work session on August 15. 7. Work session on mobility and bike plan overview 5/23/17 Nelson/Anderson This item is scheduled for a work session on August 15. 8. Work session to review Comp Plan for Economic Development 5/30/17 Booth This item will be scheduled for a work session in August or September. 9. ISR on material diversion at landfill and cost avoidance 6/5/17 Cox An ISR is in the Friday July 28 report. 10. ISR on landfill mining operation and ROI 6/5/17 Cox Staff is working on a pro forma. 11. Update on landfill flaring 6/5/17 Cox 12. Information on cost determination for curb rate vs drop-off rate at landfill 6/5/17 Cox Staff is working with a consultant to provide a revised cost of service study. 13. Update on stack of railroad ties– are they being picked up? 6/5/17 Nelson Ties removed from area along Mingo Rd near Service Center. Check on status of downtown area. 14. Discussion of a sunset process for external contracts/programs 6/6/17 Langley Process will developed by procurement compliance specialist, once hired. 15. Information on an app that allows citizens to report problems or service requests 6/6/17 Kuechler/Kraft Team is reviewing current software options and goals / workflow processes.
Request Request Date Staff Responsible Status 16. Discussion of development code criteria for width of streets 6/6/17 Canizares/Mauladad Street design criteria is being updated. 17. Update on downtown sidewalks 6/13/17 Hileman County scheduled to construct in Q3 2017. 18. ISR on updated/new software for development review – how will it help 6/20/17 Mauladad 19. Work session on planning & development studies 6/20/17 Mauladad A work session is scheduled for October 10. 20. Update on steps to develop a Facilities Master Plan 6/20/17 Canizares 21. Work session to review open meeting rules and limitations, include the use of social media 6/20/17 Leal/Walters A work session is scheduled for August 8. 22. Report of funding from Parks Foundation for current FY 7/18/17 Vorel 23. Staff report and presentation on commercial recycling 7/18/17 Cox 24. Post elected officials financial statements on the website 7/18/17 Walters Plan to post next week and provide an update on website location. 25. Discuss other changes to Charter: 1) length of PUB terms and 2) moving municipal election from May to November 7/18/17 Langley A work session is scheduled on August 1. 26. Review Council rules of procedure 7/18/17 Leal 27. Send city staff representative to Veterans Town Hall 7/18/17 An event summary is included in the Friday July 28 report. 28. Cost analysis of cemetery plots and zoning for cemeteries 7/18/17 Vorel/Mauladad 29. Code inquiry – update to film/movie permit requirements 7/18/17 Kuechler Staff is working on an ordinance with proposed revisions. 30. Work session on naming rights for City facilities 7/18/17 Canizares 31. Full climate cycle analysis for Denton Energy Center 7/25/17 Banks 32. Survey and report of how other municipalities and school districts fund their School Resource Officers, as well as analysis of calls to school and efficiency 7/25/17 Howell 33. Request to look at adding a turn lane on Ryan Road at Country Club 7/25/17 Gillum
City Council
City of Denton
Meeting Agenda
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Peterbilt Motors Company, 3200 Airport Road
Training Facility Room 101/102
11:30 AMMonday, August 7, 2017
Joint Meeting of the City Council and the Economic Development Partnership Board of the City of
Denton, Texas on Monday, August 7, 2017 at 11:30 a.m. in the Training Facility Room 101/102 at
Peterbilt Motors Company, 3200 Airport Road, Denton, Texas at which the following item will be
considered:
1. Work Session Reports
Receive an update on Peterbilt Motors Company and participate in a tour of the
facility.
ID 17-1016A.
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 ___________________, 2017 at ________o'clock (a.m.) (p.m.)
__________________________________________
CITY SECRETARY
NOTE:PETERBILT MOTORS COMPANY IS 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 1 City of Denton Printed on 7/27/2017
City Council
City of Denton
Meeting Agenda
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Work Session Room2:00 PMTuesday, August 8, 2017
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 8, 2017 at 2:00 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:
1. Work Session Reports
Receive a report; hold a discussion, and give staff direction regarding the FY
2017-18 City Manager’s Proposed Budget, Capital Improvement Program, and
Five-Year Financial Forecast.
ID 17-977A.
Receive a report, hold a discussion and provide direction on the design schedule for
the proposed reconstruction of Fire Station 3.
ID 17-1019B.
Receive information and updates from the City’s attorneys and hold a discussion on
the Texas Open Meetings Act and relevant law.
ID 17-1043C.
Receive a report and hold a discussion regarding an update from the Capital Projects
department on the status of key projects and overall program update.
ID 17-1046D.
2. 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.
Following the completion of the Work Session, the City Council will convene in a Closed Meeting to
consider specific items when these items are listed below under the Closed Meeting section of this
agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open
Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as
otherwise allowed by law.
1. Closed Meeting:
Consultation with Attorneys - Under Texas Government Code, Section 551.071
Consult, discuss and deliberate with, and provide direction to, the City ’s attorneys
ID 17-913A.
Page 1 City of Denton Printed on 7/27/2017
August 8, 2017City Council Meeting Agenda
regarding legal issues associated with the current and future unfunded liabilities of
the Denton Firemen’s Relief and Retirement Fund, including but not limited to, a
potential solution addressing future unfunded liabilities, where a public discussion
associated with these legal matters would clearly 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.”
Certain Public Power Utilities: Competitive Matters --- Under Texas Government
Code, Section 551.086.
Receive competitive public power competitive information and financial
information from staff regarding the proposed FY 2017-2018 operating budget for
Denton Municipal Electric (“DME”) including without limitation, proposed rates
for DME for FY 2017-2018, expected revenues, expenses, commodity volumes, and
financial commitments of DME; discuss, deliberate and provide staff with direction.
ID 17-988B.
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 ___________________, 2017 at ________o'clock (a.m.) (p.m.)
__________________________________________
CITY SECRETARY
NOTE:THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS 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 2 City of Denton Printed on 7/27/2017
Created with WinCalendar Calendar Creator More Calendar Templates: 2017 Calendar, 2018 Calendar
◄ Jul 2017 August 2017 Sep 2017 ►
Sun Mon Tue Wed Thu Fri Sat
1
11:30 Committee on Citizen
Engagement
1:00 CC Work Session
6:30 CC Regular Session
2
3
4 p.m. Public Art Committee
8:30 am CC Budget
Workshop
4
5
6
7
11:30 Joint Meeting of the City
Council & Economic
Development Board @ Peterbilt
1:30 Committee on the
Environment
5:30 Traffic Safety Commission
6:00 p.m. Park Board – Senior
Center
8
11:30 Mobility Committee
2:00 2nd Tuesday Session
9
5:30 pm Airport Advisory
Board Meeting
6:30 PM- Planning & Zoning
Commission
10
11
12
13
14
9:00 Public Utilities Board
5:30 PM- Historic Landmark
Commission
15
9:30 HOT Committee
2:00 CC Work Session
6:30 CC Regular Session
16
17
4:00pm HaBSCo Meeting
18
19
9:00 am – 5:00 pm
Council Planning Session
@ UNT Union Foundation
Board Room
20
21
22
2:00 4th Tuesday Session
23 6:30 PM- Planning & Zoning
Commission
24
25
26
27
28
9:00 Public Utilities Board
4:00 PM- Zoning Board of
Adjustment
29
30
31
Notes:
Created with WinCalendar Calendar Creator More Calendar Templates: 2017 Calendar, 2018 Calendar
◄ Aug 2017 September 2017 Oct 2017 ►
Sun Mon Tue Wed Thu Fri Sat
1
2
3
4
Labor Day
City Holiday
5
6
7
4 p.m. Public Art Committee
8
9
10
11
9:00 Public Utilities Board
6:00 p.m. Park Board
5:30 PM- Historic Landmark
Commission
12
11:30 Mobility Committee
2:00 CC Work Session
6:30 CC Regular Session
13
5:30 pm Airport Advisory
Board Meeting
6:30 PM- Planning & Zoning
Commission
14
15
16
17
18
19
2:00 CC Work Session
6:30 CC Regular Session
20
21
4:00pm HaBSCo Meeting
22
23
24
25
9:00 Public Utilities Board
4:00 PM- Zoning Board of
Adjustment
26
2:00 4th Tuesday Session
27
6:30 PM- Planning & Zoning
Commission
28
29
30
CA-Consent Agenda IC-Individual Consideration WS-Work Session
CM-Closed Meeting PH-Public Hearing
07/27/17
FUTURE CITY COUNCIL ITEMS
Note: This is a working draft of pending Council items and is subject to change without notice.
Meeting Date Deadlines Item
August 7 – Luncheon – 11:30 a.m. Captions – July 24
Backup – August 3
Joint Meeting with EDP Board at Peterbilt
August 8 – 2nd Tuesday Session Captions – July 24
Backup – August 4
WS – Budget Discussion
WS – Open Meetings Act review
WS – Fire Station 3 design update
WS – Capital Projects update
August 15 – Work/Regular Session Captions – July 31
Backup – August 11
WS – Budget Discussion
WS – Chamber ED contract
WS – City Hall West update
WS – Mobility and Bike Plan update
IC – EDP Board nominations
IC – Calling Charter Election
IC – Board/Commission nominations and approvals
PH – Public Hearing on Tax Rate
August 22 – 4th Tuesday Session Captions – August 7
Backup – August 18
WS – Budget Discussion
WS – Stoke contract
WS – Focused Advocacy post-legislative session briefing
WS – Williams Trade Square Lease Agreement
WS – Water Park Update
IC – Small cell transmitter ordinance
August 26 – 9:00 – 3:00 Council Planning Session
August 29 – No Meeting 5th Tuesday
September 4 – No Luncheon Labor Day Holiday
September 5 – No Meeting
September 12 – Special Called
Work/Regular Session
Captions – August 28
Backup – September 8
WS – Budget Discussion
IC – Stoke Contract
PH – Second Public Hearing on Tax Rate
PH – Public Hearing on Budget
September 19 – Work/Regular Session Captions – September 1
Backup – September 15
WS – Budget Discussion (as needed)
WS – Right-of-way management
WS – FY 2018 Annual Audit Plan
IC – Adoption of Tax Rate
IC – Adoption of Budget
IC – Chamber Economic Development contract
CA-Consent Agenda IC-Individual Consideration WS-Work Session
CM-Closed Meeting PH-Public Hearing
Meeting Date Deadlines Item
September 26 – 4th Tuesday Session Captions – September 11
Backup – September 22
October 2 – Luncheon Captions - September 18
Backup - September 28
Council Appointee Reviews
October 3 – No Meeting TML, Houston, TX 10/3-6National Night Out
October 10 – 2nd Tuesday Session Captions – September 25
Backup – October 6
Council Appointee Reviews
WS – Development Department Update
October 17 – Work/Regular Session Captions - October 2
Backup – October 13
October 24 – 4th Tuesday Session Captions – October 9
Backup – October 20
ICMA, San Antonio, TX 10/22-25
October 31 – No Meeting 5th Tuesday
November 6 – Luncheon Captions – October 23
Backup – November 2
November 7 – Work/Regular Session Captions – October 23
Backup – November 3
November 14 – 2nd Tuesday Session Captions – October 30
Backup – November 10
NLC, Charlotte, NC 11/15-18
November 21 – No Meeting Thanksgiving, 11/23-24
November 28 – 4th Tuesday Session Captions – November 13
Backup – November 21
December 4 – Luncheon Captions – November 20
Backup – November 30
December 5 – Work/Regular Session Captions – November 20
Backup – December 1
December 12 – 2nd Tuesday Session Captions – November 27
Backup – December 8
December 19 – No Meeting
December 26 – No Meeting Christmas, 12/24-25City offices closed 12/25 & 12/26
road closures
lane closures
Street / Intersection Detour Routes
(if applicable)
Proposed Date of
Construction
Proposed Date of
Completion Brief Description of Construction Contact
Department
RESIDENTIAL
Alan A Dale no Jul 17, 2017 Aug 17, 2017 Street Reconstruction
Archer Trl to Northern dead end Streets
Ave H yes Jun 26, 2017 Jul 26, 2017 Sewer Main Replacement
Louise to Charlotte Wastewater
Alice no Jun 8, 2017 Jul 28, 2017 Mill/Overlay
Panhandle to Congress Streets
Bolivar yes Apr 24, 2017 Aug 31, 2017 Street Reconstruction
Congress to Panhandle Streets
Bolivar yes Jul 6, 2017 Aug 6, 2017 Water Line Replacement
Hwy 380 to Sunset Water
Colorado Blvd yes Apr 24, 2017 Aug 28, 2017 Panel Replacement/Sidewalk
Mayhill Rd to Loop 288 Streets
Emerson yes Jul 31, 2017 Sep 1, 2017 Street Reconstruction
Nottingham to Hanover Streets
Construction Projects Report Starting Jul 31-Aug 06, 2017
Crescent and Fulton may be closed to through traffic during summer break but
vehicle access to residences shall remain open at all times.
Barthold Rd at Intersection of I35 Service Rd going West 700' will be closed
(Jun 12-Oct 15)
Kendolph yes Jul 22, 2015 Temporary Closure I-35E Hwy Constr. Intersection work
North Bound Engineering
Kingfisher Ct yes Aug 1, 2017 Oct 9, 2017 Street Reconstruction
Kingfisher to Dead End Streets
Kingfisher Ln yes Aug 1, 2017 Oct 9, 2017 Street Reconstruction
Oriole to Cardinal Streets
Knight yes Jul 22, 2015 Temporary Closure I-35E Hwy Constr. Intersection work
South Bound Engineering
Montecito yes Jul 5, 2017 Aug 21, 2017 Street Reconstruction
Hickory Creek to White Dove Streets
McCormick no Jul 31, 2017 Aug 30, 2017 Sidewalk/driveway/Valley gutter repair
Willowwood to I35 Service Rd Streets
Victoria Dr yes Aug 1, 2017 Sep 25, 2017 Street Reconstruction
Churchill to Nottingham Streets
Worthington no Jun 5, 2017 Aug 25, 2017 Concrete Street Panel Repairs
Schuyler to Barcelona Streets
MAJOR ROADS
Barthold yes Jun 12, 2017 Oct 15, 2017 Street Construction
I35 Svc Rd Intersection to 700' West Engineering
Bonnie Brae no Jul 10, 2017 Aug 25, 2017 Sidewalk Repair
Windsor to Riney Rd Streets
Crescent no Jun 5, 2017 Aug 14, 2017 Utility Improvements
Fulton to Alice Engineering
Fulton no Jun 5, 2017 Aug 14, 2017 Utility Improvements
Cordell to Ponder Engineering
Geesling yes Jul 24, 2017 Aug 4, 2017 Sewer Line Replacement
2836 Geesling to Fishtrap Wastewater
Hickory yes Jun 16, 2017 Jul 14, 2017 Waterline Replacement
Ave F to North Texas Water
North Texas Alley no Jul 20, 2017 Aug 4, 2017 Street Construction
North Texas Blvd and Miller Streets
S. Lillian Miller no Jun 9, 2017 Aug 4, 2017 Private Development
Right Lane Southbound at Teasley Ln Engineering
Scripture yes Jul 5, 2017 Jul 31, 2017 Base Failures
I35 to Bonnie Brae Streets
COMPLETED PROJECTS
Ave G no Jul 21, 2017 Jul 21, 2017 Water Line Replacement
Intersection of Ave G and Hickory St Water
N. Bell yes Jun 1, 2017 Jul 27, 2017 Street Construction
Texas St to University Dr Streets
Crestmeadow yes Apr 10, 2017 Jul 21, 2017 Street Construction
W. Windsor to Thunderbird Dr Streets
Mayhill yes Jul 15, 2017 Jul 16, 2017 A-Train Maintenance
at Edwards Engineering
Engineering 349-8910, engineering@cityofdenton.com / TX DOT 387-1414, romulo.bahamon@txdot.gov / Denton County 349-3420
Note: This provides an Estimate of work to be done the next two weeks. Weather, equipment breakdowns, or other unforeseen problems could cause this
schedule to change.
Drainage 349-7116 / Water Distribution 349-7181 / Wastewater 349-8489 / Traffic 349-7342 / Streets 349-7160, streets@cityofdenton.com
Picadilly no Jun 21, 2017 Jul 21, 2017 Curb and Valley Gutter Repair
Sherman Dr Streets
Ruddell yes Jul 10, 2017 Jul 10, 2017 Micro Seal
Hwy 380 to Mingo Rd Streets
Sycamore yes Jul 10, 2017 Jul 28, 2017 Curb and Valley Gutter Repair
North Texas Blvd to Ave D Streets
Victoria yes May 23, 2017 Jul 11, 2017 Sewer Main and Lateral Replacements
Nottingham to Churchhill Wastewater