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113018 Friday Staff Report `„F City Manager's Office DENTON 215 E. McKinney St., Denton, TX 76201 • (940) 349-8307 MEMORANDUM DATE: November 30, 2018 TO: The Honorable Mayor Watts and Council Members FROM: Todd Hileman, City Manager SUBJECT: Friday Staff Report I. Council Schedule A. Meetings 1. City Council Luncheon on Monday,December 3, 2018 at 11:30 a.m. in the City Council Work Session Room. 2. Committee on the Environment on Monday, December 3, 2018 at 1:30 p.m. in the City Council Work Session Room. 3. Traffic Safety Commission Meeting on, Monday, December 3, 2018 at 5:30 p.m. in the City Council Work Session Room. 4. Canceled-Audit/Finance Committee Meeting, Tuesday, December 4, 2018. 5. Committee on Citizen Engagement on Tuesday,December 4,2018 at 10:30 a.m. in the City Council Work Session Room. 6. Work Session of the City Council on Tuesday, December 4, 2018 at 2:00 p.m. in the City Council Work Session Room followed by a Regular Meeting in the Council Chambers at 6:30 p.m. 7. Agenda Committee Meeting on Wednesday, December 5, 2018 at 2:30 p.m. in the City Manager's Conference Room. 8. Board of Ethics Meeting on Wednesday, December 5, 2018 at 5:00 p.m. in the City Hall Conference Room. 9. Development Code Review Committee Meeting on Friday, December 7, 2018 at 11:00 a.m. in the City Council Work Session Room. OUR CORE VALUES Integrity • Fiscal Responsibility • Transparency • Outstanding Customer Service B. Upcoming Events 1. Judge Mary Horn Retirement Celebration, December 7, 2018 at 3:00 p.m. at the Denton County Elections Office 2. State of the City, January 17, 2019 from 6:00-8:30 p.m. at the Embassy Suites Denton Convention Center 3. US Conference of Mayors, January 23-25, 2019, Washington, D.C. 4. Denton County Days, February 18-20, 2019, Austin, TX II. General Information & Status Update A. Denton Development Code, Conservation and Landscape Standards Draft — During the Nov. 13 City Council Work Session, staff was asked to make a draft of the new Conservation and Landscape Standards available on the City's website for public review. The document is now available at www.cityofdenton.com/en- us/business/development-review/conservation-and-landscape-standards. This webpage allows the community to review the draft standards and provide feedback. This feedback will be considered when additional amendments to the Denton Development Code's Conservation and Landscape Standards are made. To-date,three residents have provided feedback on the draft Landscape Standards. Staff contact: Richard Cannone, Development Services B. Waze App Update—Capital Projects, Water, and Wastewater have the data related to planned closures ready to be incorporated into WAZE and will be working with Technology Services over the next few weeks to upload it into the application and then test. It is expected that this work will be completed by late December with a potential launch date for early January. Staff will provide updates as the work progresses and prepare marketing& communications for when it is ready to launch. Staff contact: Haley Salazar, Capital Projects C. Clara's Kitchen Zoning — On Nov. 26, staff was asked to research the zoning history for Clara's Kitchen, located at 511 Robertson Street. The property in question has had a residential zoning designation dating back to 1957. The 1969 Zoning Map showed this property as having a multifamily zoning designation, however restaurants were not permitted. In 1996 there was an application for a certificate of occupancy to open a restaurant at the location,the Building Official ruled that the property lost its nonconforming status as a restaurant, which was then appealed to Zoning Board of Adjustments (ZBA) (ZBA-96-002). At that time, the applicant had a restaurant at a different location and wished to use the commercial kitchen at the Clara's Kitchen to expand menu options. The ZBA partially overturned the Building Official's decision,but limited the use of 511 Robertson Street as a commercial kitchen and did not permit onsite food sales. Attached is a copy of the staff report and ZBA minutes associated with the appeal. Subsequent to ZBA's ruling, certificates of occupancy have been issued for catering businesses, which are consistent with the ZBA ruling. If interested, the property owner can apply for a rezoning at any time. Following receipt of an application, the rezoning would be scheduled for Planning and Zoning Commission review within 30 days, followed by City Council review. If the rezoning is approved, the ZBA limitation of a commercial kitchen would no longer be relevant provided the new district permits restaurants. Staff contact: Richard Cannone, Development Services D. 2019/2020 Community Development Public Hearin and —The Community Development Division uses citizen input and local service agency guidance to develop and implement programs and projects designed to assist low and moderate-income households and revitalize neighborhoods. The upcoming Public Hearings will give citizens an opportunity to discuss how federal funds can be used in the 2019-20 funding year. Federal funding for the Community Development Block Grant and the HOME Investment Partnership Grant is available for housing, human services, and public improvements for low and moderate-income households and neighborhoods. Public Hearings will be held: • Monday, Dec. 3 at 7 p.m. at Denia Recreation Center, 1001 Parvin St. • Monday, Dec. 10 at 6 p.m. at MLK Jr. Recreation Center, 1300 Wilson St. An online survey is also available at www.surveymonkey.com/r/IBPublicHearing for citizens input regarding the use of federal funding in the community. Written comments can also be mailed to Community Development at 601 E. Hickory St., Suite B, Denton, TX 76205 or sent to Community.Development(abcityofdenton.com. Spanish translators will be available and for ADA/EOE/ADEA needs or TTD (800) 735-2989 and a Spanish survey is available at: www.surveyMonkey.com/r/I 8 PublicHearing_2. Staff contact: Dani Shaw/Luisa Garcia, Community Development E. 2019/2020 Community Development Grant Applications and Training — The Community Development Division is pleased to announce that both the CDAC & HSAC 2019-20 Program Year Grant Application and Training Dates are now available for interested organizations. This information has been emailed out to a long list of agencies and organizations, published in the newspaper, featured on the City's social media, and on DTV. COMMUNITY DEVELOPMENT GRANT The Community Development grant program provides funding to improve low to moderate-income neighborhoods; including improvements to housing, parks, streets, and sidewalks in Denton. Funding is also available for building improvements to local non-profits that serve low-income households. For more information on the City of Denton Community Development Block Grant visit http://bit.ly/CDACApplication. Interested organizations will need to attend a mandatory training session and complete and submit the application prior to the deadline listed below. • Mandatory Training - register by calling (940) 349-7726. Training will be held at City Hall East, Suite B, 2nd floor Large Conference Room, 601 E. Hickory St. o Thursday, Dec. 13, 2018 from 10 to 11 a.m., or o Friday, Jan. 11, 2019 from 2 to 3 p.m. • Application Deadline—Applications are due by 4 p.m. on Jan. 30, 2019 HUMAN SERVICES GRANT The Human Services grant programs provide funding for daycare, health services, food,etc.that help meet the needs of low to moderate-income individuals.Funding is available to agencies or City departments that offer services to Denton residents. For more information on the City of Denton Human Services Grant visit http:/ibit.ly/HSACApplication. Interested organizations will need to complete and submit the application prior to the deadline listed below. It is also recommended that organizations attend one of the training workshops. • Recommended Training Workshops-click here to register online by 5 p.m. on Dec. 1. Training will be held at City Hall East, Suite B,2nd floor Large Conference Room, 601 E. Hickory St. o Tuesday, Dec. 4 from 1 to 2:30 p.m. o Thursday, Dec. 6 from 1 to 2:30 p.m. o Friday, Dec. 7 from 9 to 10:30 a.m. • Application Deadline—Applications are due by 4 p.m. on Jan. 10, 2019 Staff contact: Dani Shaw/Luisa Garcia, Community Development F. Notice of Drainage Construction: Eagle Drive at Myrtle Street — The City of Denton is currently making improvements to the underground drainage system near the intersection of Eagle Drive and Myrtle Street. Upcoming work will require the closure of Eagle Drive between Elm Street and Carroll Boulevard from Dec. 3, 2018 through May 31, 2019. Detours will be available during the closure, but traffic delays are expected. Motorists are encouraged to seek alternate routes. The Eagle Drive Drainage Project will construct an underground drainage system to replace the current open channel system and includes street reconstruction of Eagle Drive from Elm Street to Carroll Boulevard. The new drainage system is designed to handle a 100-year storm event and will help reduce flooding in the area. The project is scheduled for completion in summer 2019. Additional information can be found in the attached press release. Staff contact: Jessica Rogers, Public Affairs G. City Hall West Windows — Staff received a proposal from an architect this week regarding the window replacement project for City Hall West. Staff is evaluating the scope of the effort to determine the best manner to proceed. The proposal will be reviewed within the next week and a plan of action to proceed will be determined by the second week of December. Staff will provide an update once the action plan has been finalized. Staff contact: Mario Canizares, CMO H. Bike Lane Safety and Enforcement — At the November 6, 2018, City Council meeting, several residents expressed their concerns regarding bicycle safety on the Highland Street bike lanes. On Wednesday, November 28, City staff hosted a meeting with the Denton and UNT Police Chiefs to discuss what enforcement and safety options were available to create a safe zone for bicyclists on Highland Street. According to Chief Reynolds, UNT Police has issued 43 citations and 3 warnings for cars parked in the bike lanes since January 1, 2018. The November 28 meeting attendees believe that increasing enforcement is not the best approach because so many new drivers come to the campus on a frequent basis and are not aware of the laws. What was suggested is that the City install traffic delineators along the corridor to create a barrier so that cars cannot park in the bike lane. Staff is researching the cost and timing options of installing traffic delineators. Based on past experience with this type of application, staff is confident the traffic delineators will not be cost prohibitive and will be relatively easy to install. The goal is to have the system in place by the start of the 2019 spring semester. Once the project cost and timeline has been determined, staff will provide the City Council with a status update. Staff contact: Mario Canizares, CMO I. Pedestrian Safety Concerns Near Sam Houston Elementary—On Friday,Nov. 30, Capital Projects staff met with Principal Address at Sam Houston Elementary to discuss recent concerns expressed by students and parent regarding pedestrian safety as students are walking to school. According to Principal Andress, students are regularly reminded to only cross Teasley at the crosswalk with the crossing guards and are expressly told not to cross at Pennsylvania. The school will conduct another round of announcements/reminders with the students about safely crossing Teasley. City staff will follow-up with TxDOT regarding the possibility of installing enhanced crosswalk features at Indian Ridge such as a rapid flashing beacon. Staff will provide updates once additional information is received from TxDOT. Staff contact: Marc Oliphant, Capital Projects J. Park 7 Development Pedestrian Connectivity—During the Nov. 13 Park 7 Work Session presentation, City Council asked staff to ensure a seamless transition from the new sidewalks being installed by the Park 7 developer and the existing sidewalk infrastructure. Capital Projects has confirmed they will engineer an appropriate transition from the new to the existing pedestrian infrastructure. On Nov. 13,staff was also asked to provide information on the feasibility of having a crossing at Normal and Oak Street. Staff prefers that the developer install their main crossing at Oak Street and Avenue B because this is a more centralized location and will provide student residents with a more direct connection to the UNT campus. Staff contact: Pritam Deshmukh, Capital Projects K. DME Locust Substation Connection Construction Update—DME is in the process of completing power line work needed to energize the new Locust Substation in February 2019. Chapman Construction has started to rebuild the transmission line that spans Collins,Carroll,and Ft.Worth Drive.New galvanized poles will replace the aging wood poles that are currently in place and provide an enhanced level of structural integrity. The project will result in the closure of Collins Street from the intersection of Carroll Blvd. to approximately two blocks west for various periods of time. Intermittent lane closures on Carroll Blvd. will also be required to insure the safety of motorists and contractors. This project segment should be completed by mid-December. Following completion of this work, the final work needed to energize the new Locust Substation will take place on Locust Street near the substation. Staff contact: Chris Lutrick, DME L. Way finding Si rgnage Project—Phases 2 and 3 of the Wayfinding Signage Project will be completed the week of Dec. 3. Color-Ad, the company manufacturing and installing the wayfinding signs, is in town through next week installing signs. Phase 2 and 3 includes several Downtown Gateway signs and over 100 vehicular directional signs. This is the last phase under contract with Color-Ad. Future project phases, including wayfinding signage along I-35, will be brought to the City Council for consideration and direction. Staff contact: Ron Menguita, Development Services M. Fireside Park Development—Staff and City Council has received several inquiries regarding the Fireside Park Development (with an attached Final Plat) that is going in the Northridge area. Representatives from the City Manager's Office, Capital Projects, and Development Services met on Friday, Nov. 30 to discuss a communication plan with residents. During that meeting, staff decided to broaden the scope of a previously planned public meeting on the Hinkle-Magnolia Drainage project to discuss the site plan, project layout, and review process that was involved with the approval of this project. The public meeting will take place on Wednesday, Dec. 12 from 6:30-8:00 p.m. at the North Lake Park Recreation Center. Staff will provide additional information about plans for the Dec. 12 meeting in the Dec. 7 Friday Report. Staff contact: Mario Canizares, CMO N. Horse Drawn Carriages and Horses on Public Streets - During the closing comments of the November 27,2018 City Council Meeting,Mayor Pro Tern Ryan requested information about riding horses and horse drawn carriages within City limits. Section 6-28 of the Code of Ordinances prohibits horses and horse-drawn carriages on any public property including the paved roadway. However, horses may be ridden on the unimproved or unpaved portion of the right-of-way, and the chief of police may authorize horses to be ridden on the road during a parade. Staff contact: Stuart Birdseye, Public Affairs O. Upcoming Construction Project Public Information Meetings-the City of Denton has scheduled five public information meetings throughout the month of December regarding upcoming construction projects. Citizens are invited and encouraged to attend the meetings to receive information and to discuss the specific projects with City of Denton staff. The attached press release provides details on the time and location of the public information meetings. Staff contact: Sarah Kuechler, Public Affairs P. Roselawn Batch Plant Zoning Question—On Thursday,Nov.29,staff was notified about construction on Roselawn Drive. The construction activity was associated with a planned concrete batch plant. Staff has asked the contractor to cease work on this project. The Development Services Department is meeting with the contractor at 8:00 a.m. on Tuesday, Dec. 4 to discuss their plans at the site and obtain additional information to ensure the project is compliant with local and state standards.Additional details will be provided following the conclusion of the Dec. 4 meeting with the contractor. Staff contact: Scott McDonald, Development Services III. Attachments A. Minutes from ZBA-96-002 (Clara's Kitchen Site) B. Eagle Drive Drainage Improvements Press Release C. Fireside Park Final Plat D. Upcoming Construction Public Information Meetings Press Release IV. Informal Staff Reports A. 2018-173 Landfill Height and Non-Denton Waste Information B. 2018-174 Youth Tobacco Enforcement Ordinances C. 2018-175 Parents' Night Out V. Council Information A. Council Meeting Requests for Information B. Other Council Requests for Information C. Draft Agenda for December 11 D. Council Calendar E. Future Work Session Items F. Street Construction Report STAFF REPORT ZB A-96-002 To: Zoning Board of Adjustment From: Walter Reeves, Urban Planner Case: ZBA-96-002 Date: March 11 , 1996 BACKGROUND Mr. Michael Ebron, on behalf of Mr. Billy Redmon (property owner), is appealing the decision of the Building Official that Lot 3, Block 4, of the Alex Robertson Addition no longer has nonconforming commercial use status. The subject property is located on the north side of Robertson Road, between Jackson and Maddox, is in the Single Family 7 zoning district, and is more commonly known as 511 Robertson, NOTICE Notice of a public hearing was made on February 29, 1996. No replies have been received. DISCUSSION The subject property has an existing building on site that has commercial level kitchen facilities. Mr. Ebron works as a cook at Lone Star Pizza. Lone Star Pizza would like to add barbecue to their menu, but through the terms of their lease; cannot have a smoker on the premises to cook barbecue. Health Department regulations require that all food prepared for sale be done in a commercial kitchen which meets Health Department standards. The subject property has a commercial kitchen that meets Health Department regulations, and Mr. Ebron would like to use it to prepare the barbecue for Lone Star Pizza (Attachment 2). Unfortunately, the property is in the Single Family 7 zoning district and a restaurant is not a permitted use in this zoning district. Mr. Redmon's father apparently operated a restaurant on this site into the 1960's (exact date is unknown). After the death of his father, none of the Redmon family were interested in continuing the restaurant, although the structure has been maintained. A few years ago the Redmon family approached the staff about resuming the use of the restaurant in the subject building. At that time Mr. Doyle, Building Official, and Mr. Robbins, Director of Planning and Development, met with the Redmon's and determined that while the property had been used as a restaurant n the past, there had been no legal commercial uses (where a certificate of occupancy had been issued) since the death of Mr. Redmcn's father in the 1960's, and that the nonconforming use status had been lost (A-tachment 3). Mr. Ebron has recently sought a certificate of occupancy for this property, and was denied that certificate due to the property being in the Single Family 7 zoning district, and the lack of any nonconforming use status that might otherwise allow issuance of a Page 1 certificate of occupance. Mr. Ebron, on behalf of Mr. Redmon (the property owner), has appealed the denial of the certificate of occupancy to the Board, as is his right per Section 35-42(a) of the Code of Ordinances of the City of Denton. These types of petitions are the most difficult that the Board has to deal with. Briefly, the Building Official, along with the Director of Planning and Development, determined several years ago (2-4) that the property had lost its commercial nonconforming status. That decision was not appealed. Mr. Ebron has followed the City's procedures to obtain a certificate of occupancy, and was denied said certificate on the basis of improper zoning, and lack of any nonconforming use that would allow for issuance of the certificate. Staff's position is pretty clear. The property had a nonconforming status for a restaurant up until the 1960's, but then Mr. Redmon's father died, and the use was not continued. Since that time; no certificate of occupancy has been sought, or issued, for any use of the building until now. While it is possible that the building has been used from time to time over that period, none of those uses were "legal" in the sense of having obtained the proper permit(s) from the City of Denton. Thus, Mr. Doyle and Mr. Robbins determination a few years ago, and the reiteration of that determination now. So the Board understands, staff is not unsympathetic to Mr. Ebron, or by extension, Mr. Redmon, regarding the use of the subject property. The building does have a commercial kitchen, and has been maintained over the years. As Attachment 3 points out, without nonconforming use status, the only options are to seek a certificate of occupancy for a use permitted in the Single Family 7 zoning district or seek a zoning change to a district along for restaurant uses. Both of these options are appropriate ones. Although, there is a significant difference between appealing a decision to the Board ($50), and submitting an application for rezoning ($850), not to mention that there are no guarantees for either. However, all the evidence shows that there has been no "legal" commercial use of the property for close to thirty (30) years. Section 35-45(b). In exercising its powers, the Board may, in conformity with the provisions of Texas Local Government Code Section 211.001 through 211.013 as existing or hereafter amended, reverse or affirm., wholly or partly, or may modify the order, requirements decision, or determination appealed from and make order, requirement, decision or determination in the Board's opinion, as ought to be made and shall have all the powers of the officer from whom the appeal is taken. The Board shall have the power to impose reasonable conditions to be complied with by the applicant. Page 2 As always, in the case of an appeal, staff will not make a recommendation. However. staff understands that there will be a desire to help the applicant on the part of the Board. The issue is not whether this is a good idea, or a use that fits the building but whether the staff has incorrectly determined that there is no longer nonconforming use status associated with the property, based on the information available. ALTERNATIVES 1 Uphold the Building Official's decision. 2 Deny the Building Official's decision. 3 Deny the Building Official's decision, but attach conditions. 4 Postpone consideration. ATTACHMENTS 1 . Location map. 2 Applicant letter 3 Building Official letter Page 3 /JTrAc"pAemr L February 29, 1996 To: The Board of Adjustments From: Michael T. Ebron,1 if t.-- Re: USAGE OF THE STRUCTURE LOCATED AT 511 ROBERTSON STREET FOR A FOOD PREPARATION ESTABLISHMENT This letter is in reference to.the property located at 511 Robertson Street, Denton County Texas owned by Mr. Billy Redmon. My name is Michael T. Ebron. On or about February 6, 1996, I applied for a certificate of occupancy for the above-mentioned property and was denied. I am a cook working at Lone Star Pizza located at 1100 Dallas Drive, Suite 124. Lone Star Pizza plans to extend their menu to serve Bar-B-Que. The lessor at the building.where Lone Star Pizza is located will not permit the lessee to bring a smoker on the premises to cook Bar-B-Que. In accordance with the Health Department regulations, all food preparation must be prepared in a commercial kitchen. A commercial kitchen requires a certain type of equipment to pass health codes. At 51 I Robertson,the establishment passes the health code requirements. I'm looking for a location to prepare and cook the food only. No food will be sold at 511 Robertson St. It has a Bar-B-Que grill inside the establishment along with the commercial kitchen. Once the food is prepared and cooked, it will be transported to Lone Star Pizza on Dallas Drive for retail upon meeting all requirements set by the Health Department. The structure of the building located at 511 Robertson could only be used as a restaurant due to the way it is set up. With this letter, I have enclosed pictures of the building for you to review. At this point,due to the SF-7 zoning, the building can not be used for anything. It is structured for a place of business, not a residence. Years ago, before Mr. Redmon's father passed away, the establishment was occupied as a restaurant long before the zoning was changed. I am asking the board to consider everything that I have stated and presented in this letter. After you consider my request, I ask that you resend the SF-7 single-family zoning. Thank you in advance for your attention in this matter. Sincerely, Michael T. Ebron MTEIje encl. ATwmww3 (817) 566-8360 DFW METRO 434-2529 CITY OF DENTON, TEXAS CITY HALL WEST - 221 N. ELM • OENTON. TEXAS 76201 Buil iry Inspcct1-1n February 13 , 1996 To Whom It May Concern : This letter is in reference to the property located at 511 Robertson St . and owned by Mr . Billy Redmon . On February 6, 1996, Mr. Michael Ebron applied for a certificate of occupancy for the above property. Mr. Ebron desired to use the building to prepare barbecue for sale at location . Several years ago (2-4) Billy Redmon, his sort, and his sister met _ and Mr. Frank Robbins, Director of Planning and Development, at the city hall . The meeting was in regards to the Redmon' s desire to open a restaurant on the property of 511 Robertson St . Mr . Redmon stated that for many years his father had operated a business at this location until his death in the 19601s . Mr. Redmon stated that after his father' s death there was no desire by family members to keep the business open. Mr. Robbins and myself determined that because the property is zoned single family (SF-7) and since the tuilding had not been operated as a business for over twenty years that it had lost any nonconforming rights it may have had in the past . Therefore, at that meet_nc the .._ :"'O :' s were informed that a _ea::auran?-- would not be permitted unless a zoni::c chance In regard to Mr . Sbron' s recent certificate of occupancy application, nothing has changed i n regard _c the zoning of the property which would allow commercial food preparation to occur. This office suggests that Mr . Redmcn seek a zoning ci:ange if he desires to use the property at 511 Robertson Street for business purposes . Sincerely, Jackie Doyl� 3uilding Official • i Ll R O So in WYE cr �: a �v, cc 3� 7 - MILL lb RUTN -t •: UTH aW - �` ; AT-rAgnmewir Zoning Board of Adjustments July 8, 1996 Page 4 Is that motion excepting staff recommendation. It has been motioned that we accept staff recommendation regarding the application. Is there a second? It has been moved and seconded that we accept staff recommendation ZBA-96- 001. All those in favor say "aye". All those opposed. Passed. IV. New Business. We will next move on to ZBA-96-002 Considering Appeal the Building Officials decision concerning Lot 3, Block 4 of the Alex Robertson Addition and I'll recognize Mr. Reaves. Walter Reaves: Thank you. This is an appeal of the Building Officials decision regarding the property at 511 Robertson Street, which I believe is Lot 3, Block 4 of the Alex Robertson Addition. As always, with an appeal there is no recommendation in the staff report, you are basically being asked to decide whether or not the staff interpretation is correct. In this particular case there is an existing building on the property, that up until the middle sixties, was used as a restaurant. After that point-in-time the restaurant use ceased and as far as I understand apparently the property was used occasionally on and off for similar type uses without however obtaining the necessary permits or certificates of occupancy from the City to have those uses there. The property is owned by Mr. Billy Redman, whom you have already met, my understanding and Jackie Doyle who is also here can probably speak more directly to that. The Redman family came in a few years ago, I guess apparently trying to get the necessary permits to use the property as a restaurant and at that particular point-in-time Mr. Doyle and Frank Robbins who is director of the planning department determined that the non-conforming use status that the property had enjoyed was no longer there due to the fact it had not been used for some 20 years or more at that particular point-in-time. We are here today because Mike Ebron who is looking for a place to cook some barbecue at which he will take over the Lone Star Pizza and they will sell it. In order to do that he needs a commercial kitchen and this building has continued to be maintained and has a commercial kitchen it. Mr. Ebron has gone through.the process as it is laid out by the City up until this point and has applied to get=a,Certificate5of Occupancy for the building to use it as restaurant and that Certificate of Occupancy was denied on the basis of the fact the non- conforming;use,status.was no longer there with the property. As is the right of,anyliody under;those circumstances by our zoning ordinance you can appeal thatdecision to°the Zoning Board of Adjustment. That is what we are here for today. As I said I don't make a recommendation under these kinds of circumstances we are not unsympathetic to Mr. Ebron's position and that is a building that could probably suit his purposes quiet well. The question is here has the staff misinterpreted or that an error in the interpretation regarding non- conforming use and if that's not the case then obviously you really say no. AAA04BD6 Zoning Board of Adjustments July 8, 1996 Page 5 Otherwise, if you find there is some error in interpretation here then obviously you would want to say yes to correct that error. Your options available I have not done any of the numbers or anything on it, I believe when the Redman's came in the general feeling between Frank and Jackie at the time was that should seek a rezoning of the property to subdistrict that would allow restaurant use and that option is still available. Obviously in Mr. Ebron's case he is under a short time frame because Lone-Star Pizza isn't going to wait the weeks or probably closer to two months it would take to actually go through the rezoning process and he would like to get on with what it is he would like to do whether it is here or at another location. Additionally, this is probably the most obvious reason to submit an application for rezoning on this piece of property cost $850 as opposed to appeal the decision is a mere $50 fee. Obviously there is an $800 difference so it was certainly an option that could be pursued. Under the time-frame he was under this was a faster way to get a decision on whether or not that this property could be used in this fashion. You have a copy of Mr. Doyle's letter in your backup, and a copy of Mr. Ebron's letter in your backup. Jackie is. here, Mr. Ebron is here and Mr. Redman is here. If you have any questions for me right now I will be happy to answer them. You mentioned that there is a restaurant there and ceased to operate sometime in the 1960's, is that correct? Walter Reaves: Yes that is my understanding. And then there has been sporadic activity as a restaurant or commercial kitchen from the time the restaurant actually ceased to exist until the present time? Walter Reaves: To my understanding there have been uses in the building but they weren't necessarily uses that obtained the necessary permits or certificates of occupancy to use the building that way. But in-regards to that, there had been? Walter Reaves: To. the.best,of my knowledge, yes. I can verify that there have been actual uses i'n-ihere. Jackie mighf be better able to speak to that particular question. Jackie Doyle: I am not really aware of any uses in the building. As far as I know it's been empty since I went to work for the City in 1969. If there have been uses I do not know what they were or when they happened. Am I to understand correctly, we are talking about using the oven that's basically the entire extent of the activity that will take place in the building? AAA04BD6 Zoning Board of Adjustments July 8, 1996 Page 6 Walter Reaves: Yes and no what you are being asked to determine is whether or not there is a non-conforming use status for a restaurant in the building and if that is the case then I believe as the staff report points out you can attach conditions to any decision that you make here you can say that's all you can use it for. You can make food to take somewhere else if you should decide the staff and determination is not correct but if you don't attach that condition then yes the property could be used as a regular restaurant meaning you could have tables, parking, etc. It's the City's position that they lost the non-conforming use status back sometime in the 1960's. Michael Ebron: I live at 605 Smith Street here in Denton. I was born here in Denton, this is my home, went to school here, the first black African/American here in Denton County to receive the rank of Eagle Scout, which I am very proud of. My background, as far as business, my grandparents, which are both deceased, had a business in the early 50.'s up until the late 70's a shoe shop, a grocery store and a washateria in southeast Denton. I seem to have just continued to take on the business feel of adventure. We did some barbecuing back then and I want to continue to keep the business going within the family. My problem is, I do work for Lone Star Pizza and they want to extend there menu and I can't take my smoker over to the premises there. I did talk with Mr. Redman and this place is set up. I've already went to the Health Department and the inspector met me and we went to the structure at 511 Robertson. There is a smoker inside the building already, it has.a commercial kitchen and all I would do is prep the food and transfer it for retail on Dallas Drive. I've got pictures here that I asked Mr. Reaves if I could show you of the present structure which will show you as far as the zoning being for single family this structure as it stands can not be used as such. A family can not move into the place and live do to it is set up as a restaurant. It has three rest rooms, it has no shower, no tub, it has the commercial kitchen, the tables, the booths, everything is setup as a restaurant. It is just sitting there and would costa lot of money to reverse it into a place for living and when we could use it as a restaurant as it is now. Now I would like to introduce or show these pictures briefly just for you to reconsider my request. Can you address the history of-that building or Mr. Redman would you be able to do that? Mr. Redman: Owner of the property in question. Back during the early 50's Mr. Pledge Williams sought zoning from the City of Denton to have this zoned commercial. He had to go through great pains to get this done because all the people in the neighborhood had to sign to put this building in. At that time it was known as the "Sweet Watch Shop" and everybody over Denton would AAA04BD6 Zoning Board of Adjustments July 8, 1996 Page 7 come there to eat pastries and ice cream even the girls from TWU would find themselves there. In high school, when I was going 'to high school at Fred Moore which-is right across the street, we would always run across the track there and get us something to eat and then run back. My step-father took it over in the 60's from Marvin Alexander. Marvin Alexander used to do the same thing, he had a barbecue pit, smoking and eat, eating establishment. My step-father bought it from him and my mother paid rent on it for nearly 20 years. My step-father ceased to run it during.the 60's because he became ill and could not work it. But my mother'worked at North Texas University and she kept it open for a couple of more years after that until she could no longer do it. My sister and I took it over then, my sister is now deceased. I did not have time to use the building. The building was open to anyone in the neighborhood who wanted to use it for either church activities or even one of the clubs met there once a month for two or three years, so it has been kind of a community thing. Somebody had garage sales there so this is what it has been doing over the years. We have had it all together and kept the upkeep on the building, kept the grass mowed, and we have done everything to it over the last ten to fifteen years. So, for it not being conforming, it has not been, because there has not been someone to go in there from day-to-day and run it as a business. But, from day-to-day there was somebody there all the time being . If anybody at the City you can talk to most of the people that run that street doing the City and tell you that Billy Redman has been there on the job the whole time, even though I was not there doing the cooking; the baking or whatever like my step-father did for years and years. Council Member Young, even though he could not be here today, but he to did the same things as I did, Terry did, run across that track there and get a pop or whatever and talk to my step-father. My step-father always had something nice to say to them and that's just how it has always been up until now. Now Terry is wanting to use this building to better himself and to keep on his tradition of the Ebron family, his dad and I were great friends together I met him in 1952 and we became friends and I have been friends with the family ever since. When he came to me and asked me to do this I was more than happy to turn it over to him if it was possible it is up to you. Mr. Redman I would like to ask you 4 question real fast, I just wanted to know when you all ran across that street to get that pop or pastry, were you all on a closed campus? Mr. Ebron do you ever plan on considering opening up that building to use as a restaurant or are you just looking to prepare food for right now? Mr. Ebron: Presently I just need a place to prepare the food. It would be a goal on down the line to consider opening it up as a restaurant. But presently if I could prep AAA04BD6 Zoning Board of Adjustments July 8, 1996 Page 8 the food there meeting all the requirements of the Health Department that would be great. Has the Health Department given you any kind of conditional approval yet? Mr. Ebron: Yes, the Health Department has walked through the building with me and they have given me a list of things that I need to do, that given me the guidelines as far as preparing the food, transporting the food to Dallas Drive, there is certain requirements, and he has given me all of those and he left it up to me to get back with the City and then to get back with him. So, that is where I am at now. Mr. Redman do plan on keeping this building open for like community use while Mr. Ebron is using it as a commercial kitchen? Is there a way to segregate the kitchen from the rest of the building? If you choose to let clubs come in there and use that, say we were to give you the right to use that as a kitchen is there a way to keep people from using the kitchen. One of the concerns I have here is if you want to open a restaurant probably the proper channel is the year before the Planning and Zoning that particular lot rezoned for a restaurant. What I am thinking about is I know the area and the next thing you know there will be cars out front you could be operating your barbecue shop right there and that's not what we are really anticipating happening if we decided why to use that as a kitchen. Does anybody else have any questions? I would like to have information and it is the building was originally built as a restaurant and at that time the use of that building in that particular zoning was no problem. Since you can't use it as a restaurant and is obvious that you can't use it for a single family residence, have you been able to make use of that.building in any form or fashion? Okay, but basically you-;are saying yo.u:-have not been able to make use of this structure. I•;haveta:problem with the City keeping an individual from making use of anything he has that was originally set up under the rules as it was at that' time 'and then change the rules later on even though it has not been occupied it was originally built and set up at the time it was built as a. restaurant. I have a problem with us turning around and saying a man can't get use out of something that was when he built it was built under the specification at that time. AAA04BD6 Zoning Board of Adjustments July 8, 1996 Page 9 Am I to understand what your saying is that you have not leased that building for long time and that you haven't received any profit from that building? You are paying property taxes on it, but you haven't received any money for use of the building? Does anybody else have any questions. j I would like to make a motion to where he has the option to use the kitchen for this purpose and this purpose only but that no selling could be done on the premises. / If I understand we are moving to deny the building officials decision in a line of use of that particular lot which is zoned as I said as a restaurant with the condition that it can only be used for the preparation of food in a commercial setting? Yes sir that is my motion. Is there a second? It has been moved and seconded, that we adopt the motion that has been read. All those in favor say "aye". All those opposed. Passed unanimously. Is there any more business to come before the Board? I have just one minor thing, I think in the future unless we have an item that I can identify as being controversial where we might need a bigger room, I think I am going to move the meetings over to our other building because we have a meeting room there that is much smaller than this one is. The old police station known as City Hall West. Meeting adjourned. AAA04BD6 -40 o FOR IMMEDIATE RELEASE DENTON Jessica Rogers • (940) 349-7531 • Jessica.Rogers@cityofdenton.com Notice of Drainage Construction: Eagle Drive at Myrtle Street DENTON, TX, Nov. 29, 2018—The City of Denton is currently making improvements to the underground drainage system near the intersection of Eagle Drive and Myrtle Street. Upcoming work will require the closure of Eagle Drive between Elm Street and Carroll Boulevard from Dec. 3, 2018 through May 31, 2019. Detours will be available during the closure, but traffic delays are expected. Motorists are encouraged to seek alternate routes. The Eagle Drive Drainage Project will construct an underground drainage system to replace the current open channel system and includes street reconstruction of Eagle Drive from Elm Street to Carroll Boulevard. The new drainage system is designed to handle a 100-year storm event and will help reduce flooding in the area. The project is scheduled for completion in summer 2019. Residents are encouraged to visit www.improvingdenton.com for more information and to sign up for email updates or contact the Engineering Department at(940) 349-8910 with any questions. Visit www.cityofdenton.com for more news and to stay updated. OUR CORE VALUES Integrity•Fiscal Responsibility•Transparency• Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989 OWNER'S CERTIFICATION CURVE TABLE LINE TABLE w CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE LINE BEARING DISTANCE OLD SANGER ROAD STATE OF TEXAS O U 01a NAD 83 COUNTY OF DENTON IY > U C1 2293.IT 948.71' 941.96' N 05°18'09"W 23°4ZW L31 S 50°27'47"E 35.44' N:7,137,419.235 h C2 484.43' 231.9Z 229.7V N 73°38'51"E 27°25'48" L32 N 67"46'33"E 9.2V E:z,38z,925.877 L4 CAP/IRS > y 1/2/IRF w Q C3 36.00' 56.62' 50.96' N 45°3825"E 90*W23" L33 S 26°31'51"W 8,99' `"� N U CZ WHEREAS,PETER E.PULIS SURVIVOR'S TRUST is the owner of all that certain tract of land situated in the N.H.Meisenhamer Survey,Abstract Number 810,and the K C4 300.00' 125.08' 124.18' N 11°2126"W 23°53'18" - Robert Beaumont Survey,Abstract Number 31,City of Denton,Denton County,Texas and being a art of a tract of land described in the deed from Ra zor Investments,Ltd., C5 200.00' 98.0 r 97.03' N 52°3935"E 28°04'39" 3g (3 L2 - Y. tY Y. 9 P Y 34 APARF 1 to Peter E.Pulls,as recorded in Document Number 2015-8782,Real Properly Records of said County;the subject tract being more particularly described as follows: C6 210.00' 87.56' 86.92' N 78°3834"E 23°53'18" 't2 1 W WINDSOR DR ¢2 •1s4• © Qj az s C7 500.00' 93.35' 93.21' N 72°0249"E 10°41'49" q3 a6 15 � BEGINNING at a 5/8"iron rod found for the Northwest comer of Lot 1,Block 1,of Gateway Addition,an addition to said City,according to the plat thereof recorded in Cabinet OgOROR NORTHRIDGE S CB 500.00' 208.4T 206.96' N 78°38'34"E 23°53'18" �� 6y ��- 0.3o ACRE NOR OL C,pG�3g5 ION K,Page 238,Plat Records of said County,and the Southwest comer of said Pulls tract in the East line of a called Tract III described in the deed to the City of Denton,recorded N,pN J C9 2438.iT 188.40' 188.38' N 14°56'27"W 4°25'39" �� 0 ^ p.R.DA.T. in Volume 700,Page 485,of said Deed Records,said iron being at the beginning of a curve to the left,having a radius of 2293.17 feet,and a chord bearing and distance of MAGNOLIA ST C10 200.00' 1M 42' 132.15: N 31°58'S4"W 38°47'40" yy� \ S 3s°2a'47'E 143.12' North 05 degrees 18 minutes 09 seconds West,941.96 feet; N 0 C11 200.00' 181.40' 175.24' N 25°23'45"W 51°57'58" NORTH LAKES PARK yg y Thence along said curve with said common lines an arc distance of 948.71 feet to am%"iron rod found in the Southeast line of the remainder of a called Tract 1 described in SITE MIMOSA DR A PART OF TRACT 1 1 the deed to the City z O C12 645.00' 95.46' 95.38' N 70°56'19"E 8°28'48" AP/IRF 12 16 y of Denton,as recorded in Volume 697,Page 207,of said Deed Records and the North line of said Pulls tract; w Y CITY OF DENTON,TEXAS "1640' ,pa I L8 0.18 ACRE 1 Thence with said common line the followingfour calls; K Z HEADLEE ST C13 2841.11' SO4.79' SO4.12' N 65°0T52"E 10°10'48" VOL 697,PG.207 O O C14 392.43' 181.23' 179.63' N 73°43'02"E 28°27'38" D.R.D.C.T. HEADLEE ADDITION North 45 degrees 37 minutes 33 seconds East,104.65 feet to a capped iron rod stamped"KAZ"set; i D OAKHILL DR Z / 1 - 130.00' VOL,7,P13.7 North 70 degrees 56 minutes 21 seconds East,737.13 feet to a rapped iron rod stamped 1640"found; Z N \ P.R.D.C.T. North 59 degrees 55 minutes 57 seconds East,177.65 feet to a capped iron rod stamped'1640"found at the beginning of a curve to the right,having a radius of 484.43 feet, TRACT'#g10 y�,'s3 14 \ 17 and a chord bearing and distance of North 73 degrees 38 minutes 51 seconds East,229.71 feet to a%"iron rod found; AUBURN O STRATA DR ER SURVEY,ABS 2.46 ACRES 0.3E ACRE o.i8 ACRE - Thence South 00 degrees 11 minutes 28 seconds West a distance of 24.43 feet to a point; EISENHAN OUPITY•TEXAS R.O.W.DEDICATION Thence North 70 degrees 56 minutes 21 seconds East a distance of 15.37 feet to a point; DENTON O BY THIS PLAT C13 5oy6 s as°24.4T E n3.00' 130.00' _ _ Thence North 00 degrees 11 minutes 28 seconds East a distance of 29.97 feet to a point; VICINITY MAP W E 13�13 z 18 - Thence South 89 degrees 42 minutes 34 seconds East a distance of 18.82 feet to a point in the middle of Hinkle Drive for the Northeast comer of said Pulis tract; N.T.S. F�2 E oT o 13 0.18 ACRE NORTHRIDGE STREET Thence South 00 degrees 35 minutes 13 seconds West with said common line a distance of 1282.41 feet to a point in said Drive for the Southeast comer of the herein l`1T0 16 ? 10 n 0.16ACRE Thence Nthtract; 0 30 ACRE 11 w N 130.00' - Thence North 89 degrees 18 minutes 25 seconds West,923.4E feet to a capped iron rod set stamped"KAZ"; S 89°2447'E 113.00 GENERAL NOTES. OR 9 Thence North 89 degrees 18 minutes 24 seconds West a distance of 154.93 feel to the PLACE OF BEGINNING and enclosing 30.70 acres of land more or less. ,NANO G.tl oo 0 24 ACRE m 0.17 ACRE 19 $ 1.ALL CORNERS ARE MARKED WITH CAPPED 112"IRON RODS 1'=80' N��S� 1�0. 6 N 8 _' 12 0.18ACRE w 0 0.20ACRE a= $ 0.17 ACRE > OWNER'S DEDICATION STAMPED"KAZ"UNLESS OTHERWISE NOTED. �z 40 80 1 0 160 Z4, �� 018 ACRE N 9.17' 1W.D0' C]0 1 2 __MSTO�_s 2 4 w - 2.NOTE:THE CITY OF DENTON HAS ADOPTED THE NATIONAL Nj1°2s,g- 19"' 60, N 'm, 6 4 N 20 w HEADLEE ADDITION NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS: ELECTRICAL SAFETY CODE(THE"CODE").THE CODE GENERALLY CAP/IRS /� �; ow,0.17 ACRE N 0.18 ACRE m Y$ VOL.7,PG.7 S 89°2447"E 188.43' � 3 Z_PROHIBITS STRUCTURES WITHIN 17.5 FEET ON EITHER SIDE OF THE 2(` 50. g68 5 f Os _� p.R.D.c.T. THAT PETER E.PULIS SURVIVOR'S TRUST,DOES HEREBY ADOPT THIS FINAL PLAT,DESIGNATING THE HEREIN DESCRIBED PROPERTY AS,FIRESIDE CENTERLINE OF OVERHEAD DISTRIBUTION LINES AND WITHIN 37.5 C/ roh 3 50 �' a$0.17 ACRE ' _ FEET ON EITHER SIDE OF THE CENTERLINE OF OVERHEAD \. `5 53'Y 2 >� w' �- <> '�' 130.00' ADDITION,AN ADDITION IN THE THE CITY OF DENTON,TEXAS AND DOES HEREBY DEDICATE TO PUBLIC USE FOREVER ALL STREETS,ALLEYS,PARKS, 1 10 0 4 UE J 9Z -80.D _5 s WATERCOURSES,DRAINS,EASEMENTS,AND PUBLIC PLACES THEREON SHOWN FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED. TRANSMISSION LINES.IN SOME INSTANCES THE CODE REQUIRES \� �c�� 0 0.18 ACRE N w0f a P' __ - so.o• 21 0 GREATER CLEARANCES.BUILDING PERMITS WILL NOT BE ISSUED /5` - 1 3 `_ -FOR STRUCTURES WITHIN THESE CLEARANCE AREAS.CONTACT 1p390- \ 0.20 ACRE �`0.16 ACRE $- //� N 0.18 ACRE $ PETER E.PULIS SURVIVOR'S TRUST THE BUILDING OFFICIAL WITH SPECIFIC QUESTIONS. 12/IRF 1°2g19"E < E130 AO 4. / pr _ Z 0 0 8 1 130.00' 3.FLOOD STATEMENT:I HAVE REVIEWED THE F.E.M.A.FLOOD ter¢ gN 1 N69 3a6 S�N� 3� m 0.19AACRE `� 10 11 `v 12 W �INST.NO 2016-12868THLEEN RD BY: DATE 0.18ACRE l E ER Z o. 8 k $0.18ACRE 22 INSURANCE RATE MAP FOR DENTON COUNTY,COMMUNITY NUMBER '� MINFF=668.00 2 a1'6i M� UE w o 020 ACRE N0.18 ACRE z017ACRE z D.R.D.C.T. 6° E P K 0.18ACRE 48077E EFFECTIVE DATE 4-ON OF THIS H 1 AND THAT MAP INDICATES AS 120 Op•I \ 0.22 ACRE 6 0 7 4 c 8 p 12 "NON-SHADED ZONE X'CALED,THAT A I DEFFIINEDIAS AREAS DETERMINED TO BE N75°SOS°F / / 6 p'Z0.17 ACRE o q 6000' 1. 8.4' $ 130.00' .0 3zsr s es°z4'47"E STATE OF TEXAS OUTSIDE THE 0.2%ANNUAL CHANCE FLOOD(500-YEAR)"AND A ��i 2 @, 0.17ACRE N �'' I? 90 B9' 8' PORTION OF THIS PROPERTY IS WITHIN"SHADED ZONE X"DEFINED 0.17 ACRE - 33s o g 23 COUNTY OF DENTON AS"AREAS DETERMINED TO BE INSIDE THE 0.2%ANNUAL CHANCE $ MIN FF=66B.00 I m o 0.17 ACRE$ © $- 5067 2p51 Z C0 0.18 ACRE n w $ FLOOD(500.YEAR)"AS SHOWN ON PANEL 360 G OF SAID MAP. N16.3g•05"E 120. .$ p316 a, $ -"_ o M Z BEFORE ME,THE UNDERSIGNED,A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE,ON THIS DAY PERSONALLY APPEARED PETER E.PULIS,KNOWN 4 pit y N o 13 U 130.00' -_ TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME /{ m gyp? "= 0.17 ACRE 60. p0 16 - 15 �° 14 �� _ Z _ 4.THE MINIMUM FINISHED FLOOR ELEVATION IS t8"ABOVE 100 YEAR / 3 O f 2 $- 66 0.21 ACRE 0.18 ACRE Q MAGNOLIA STREET FOR THE PURPOSES AND CONSIDERATIONS THEREIN. N m- 3 � i� N0.18 ACRE'o0.17 ACRE w 24 W.S.E.L, m 0.17 ACRE 9Z N 017 ACRE �� wp`> 0 17 0 0.18ACRE N MIN FF=668.00 - o�`>0 18 ACRE '3' _ 2 � '� $ `O 130.00- 'All - WITNESS MY HAND AND SEAL OF OFFICE THIS THE_DAY OF ,2018. 5.THE PURPOSE OF THIS FINAL PLAT IS TO CREATE 107 / N1TRa`'6 ? .17 ACRE No 6 g1,65 E .'� 018$RE $' mar `aD 3 RESIDENTIAL LOTS AND 2 CA-HOA LOTS OF RECORD. 4 ° 1 $ pod lab '$ N i., 0.17ACRE w 1 '0 0.21 ACRE p 6- 0 19 $ o S 89°244T E 188.43' 25 MINFF=fib,520166• $ 5 US 20 .$0.18 ACRE w 0.18 ACRE i0 21A 6.LOTS CA AND CA-2X,BLOCK AARE TO BE OWNED AND .� g sso 266 pV$�i i7 M EXTENSION TO MAINTAINED BY THE HOME OWNERS ASSOCIATION(HOA). -g iT°24'56" 5T A'1' 0 0.18ACRE / 9 51 y5 (. o HEADLEE ADDITIO NOTARY PUBLIC IN AND FOR THE STATE OF m 6 1 12 1 21 $ 76�. 33.83' 119.50' F� 130.00' N VOL T,PG.365 ry 0 56 Z $ P.R.D.C.T. 7.THERE WAS NO VISIBLE EVIDENCE OF A GAS PIPELINE ON THE a, 5 � 17 �,+ 0 0.18 ACRE 65 ?! 26 $ COUNTY 0.17 ACRE in u; ,p 92 $ MIN FF 867 50 'm 22 60 J 0.18ACRE SUBJECT PROPERTY AT THE TIME OF THIS SURVEY.THERE ARE NOg 12a is 0.17 ACRE$ 5 6 32 6 1 16 MY COMMISSION EXPIRES ON NTT° E 66 5"y5p2 0.26 ACRE 0.27 ACRE 130.00 GAS WELLS WITHIN 1 000 FEET OF THE SUBJECT PROPERTY. 24'S6" A1' R MANGER OF TRACT I 23 N NE i m LF 6 0.26 ACRE N Q� a CERTIFICATE OF SURVEYOR Cl OF DENTON,TEXAS w � .Y. \ 128.41' 129.50' - 27 0 Q 8.THIS PLAT IS HEREBY ADOPTED BY THE OWNER AND APPROVED BY THEN F ACRE \ GO i $ VOL.VOL.R.O PG.485 MIN FF=667.00 `� E� y S 89°18'24'E S 89°18'24"E 0.18ACRE $ CITY OF DENTON(CALLED-CITY-)SUBJECT TO THE FOLLOWING D.R.D.C.T. E131T# JE I STATE OF TEXAS CONDITIONS THAT SHALL BE BINDING UPON THE OWNERS,THEIR HEIRS, 1,111°2aV gp. 4 2 15 20A COUNTY OF DENTON o � > n GRANTEES,AND SUCCESSORS.THE DRAINAGE AND DETENTION n 2 0. 0.17 ACRE 13000 EXTENSION TO N, o 0.23 ACRE ( 0.18 ACRE EASEMENT WITHIN THE LIMITS OF THIS ADDITION,SHALL REMAIN OPEN 7 \ o 05 Z 3 % I 120.28' 129.50' `�' 28 © a HEADLEEADDITION AT ALL TIMES AND WILL BE MAINTAINED INA SAFE AND SANITARY 0.27 ACRE L $° o" S89°7824E S89°1824E 0.21 ACRE `$' VOL.T,PG.365 CONDITION BY THE OWNERS OF THE LOT OR LOTS THAT ARE TRAVERSED MINFF=666.75 t \ w"0.17 ACRE N BY OR ADJACENT TO THE DRAINAGE AND DETENTION EASEMENT.THE �1p� r a� 2 $ 6a?6 3 14 L-- a P.R.D.C.T. I,KENNETH A.ZOLLINGER,REGISTERED PROFESSIONAL LAND SURVEYOR,DO HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM AN ACTUAL S.� 0.17ACRE 'No 12A 0.17ACRE 0.16 ACRE w 105. SURVEY MADE ON THE GROUND AND THAT THE MONUMENTS SHOWN HEREON WERE FOUND OR PLACED WITH CAPPED 1/2"IRON RODS STAMPED"KAZ" CITY WILL NOT BE RESPONSIBLE FOR THE MAINTENANCE AND OPERATION < UNDER MY DIRECTION AND SUPERVISION IN ACCORDANCE WITH THE ORDINANCES OF THE CITY OF DENTON,DENTON COUNTY,TEXAS. OF SAID EASEMENT OR FOR ANY DAMAGE TO PRIVATE PROPERTY OR w - ��1: > Qo>• 1 $ 60� 55 E 13 1zo.00' 0 129.50' a S 8s°24'aT E 1875a_N 55 Y) 0.25 ACRE p A1• L MIMOSA STREET PERSON THAT RESULTS FROM CONDITIONS IN THE EASEMENT,OR FOR i 8 >• \ N66 S aT18'24"E w S 89°1E'24°E MIMOSA STREET 0.38 ACRE $ 6p.00 w THE CONTROL OF EROSION.NO OBSTRUCTION TO THE NATURAL FLOW OF MIN FF=667.97 a 16 D.E. y STORM WATER RUN-OFF SHALL BE PERMITTED BY CONSTRUCTION OF -¢ �A 1M63 m 00.23 ACRE 0.17ACRE "$ 00.18ACRE 2: 111 105.00 ANY TYPE OF BUILDING,FENCE OR ANY OTHER STRUCTURE WITHIN THE \ \ \ 9p� 55 $ KENNETH A.ZOLLINGER R.P.L.S.#5312 DATE DRAINAGE AND DETENTION EASEMENT,AS HEREIN ABOVE DEFINED, d� 9 ° \ \ 66°aK 'r'� W 120.00' 129.50' 27 UNLESSAPPROVED BY THE CITY.THE OWNERS SHALL KEEP THE DRAINAGE �. TRACT#31 027 ACRE N 13 S89°18'24-E 120.09' m S89°18.24^E zb S89°78'24"E q MIN FF=667.9 •� Z 0.21 ACRE O m 10 AND DETENTION EASEMENT CLEAR AND FREE OF DEBRIS,SILT,AND ANY - Y,ABS _ Ay 6 L STATE OF TEXAS RVE q 0.26 ACRE12 SUBSTANCE THAT WOULD RESULT IN UNSANITARY CONDITIONS OR UPJIONTS TEXAS /",m 10 8 0.17ACRE o.n ACRE O18ACRE 1 T gEA NTY• 2 130.00 HEADLEE ADDITION COUNTY OF DENTON OBSTRUR THE FLOW OF WATER.AND,THE CITY SHALL HAVE THE RIGHT ROGER DESTON C 0 24 ACRE I 1 m Z 120.00' 129.50' OF INGRESS AND EGRESS FOR THE PURPOSE OF INSPECTION AND 46.38' gg,0q• MIN FF=867.97 I 5a.0' 120.44' 120.00' A Q S 89°1a'24"E S 89°18'24"E `� 26 VOL.7,PG.7 SUPERVISION OF MAINTENANCE BY THE OWNERS TO ALLEVIATE ANY S 89°2447"E 135.43• S 89°19.24'E S 39°78'24'E w 2 6 - ate ACRE P.R.D.C.T. BEFORE ME,THE UNDERSIGNED AUTHORITY,ON THIS DAY PERSONALLY APPEARED KENNETH A.ZOLLINGER,KNOWN TO ME TO BE THE PERSON WHOSE UNDESIRABLE CONDITIONS THAT MAY OCCUR.FURTHERMORE,THE CITY c S 89°24•a7"E 130.1a' l M LU 11 ,-,L NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT,AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND 12 0.17 ACRE m CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. SHALL HAVE THE RIGHT,BUT NOT THE OBLIGATION,TO ENTER UPON THE 7 Z 0.18ACRE 11 0.17 ACRE 017 ACRE O 20.00' 29.50' 130.00 ABOVE DESCRIBED DRAINAGE AND DETENTION EASEMENT TO REMOVE 120.00' 120.00' 'r~q S 69°18'24'E 0 ANY OBSTRUCTION TO THE FLOW OF WATER,AFTER GIVING THE OWNERS 0.18ACRE z z s 89°1e•24'E 25 to GIVEN UNDER MY HAND AND SEAL OF THE OFFICE THIS DAY OF 2018. MIN FF=667.9] S 89°18'24'E S 89°18'24"E 0.78 ACRE SUCH ON NOTICE OF SUCH OBSTRUCTION AND OWNERS FAIL TO REMOVE TRACT III 1O g - - D' 7 $ 10 SUCH OBSTRUCTION.SHOULD THE CITY OF DENTON BE COMPELLED TO CITY OF DENTON,00,PG.TEXAS S 89°24'47"E 130.14' VOL.]00,PG.485 W 11 8 5p p• 0.17 ACRE 0.18ACRE 20 REMOVE ANY OBSTRUCTION THE FLOW OF WATER,AFTER THE w� 0.17ACRE 0.17ACRE 730.00 NOTARY PUBLIC,DENTON COUNTY,TEXAS. D.R.D.C.T. 12 120.00' 129.50' HEADLEE ADDITION 1 w o c � � m OWNERS WRITTEN NOTICE OF SUCH OBSTRUCTION AND OWNERS FAIL TO 0.18ACRE a+� 120.00' 120.00' S89°18'24'E 589°18'24^E 24 VOL.7,PG.7 "o 0 "$ MIN FF-66].97 W 0.18 ACRE P.R.D.O.T. MY COMMISSION EXPIRES REMOVE SUCH OBSTRUCTION,THE CITY OF DENTON SHALL BE :'° = ,�„ 589°18'24'E S89°18'24"E - REIMBURSEDBYTHEOWNERSREASONABLECOSTSFORLABOR, a89°2a•47'E 126.47• BILL - - 8 9 - MNFF=66792 MATERIALS,AND EQUIPMENT FOR EACH INSTANCE.THE NATURAL 13 1 0 9 0.21 ACRE S 89°24'4]"E 130 00' 0,18 ACRE 0.18 ACRE 0.23 ACRE 61] DRAINAGE THROUGH THE DRAINAGE AND DETENTION EASEMENT IS r4 SUBJECT TO STORM WATER OVERFLOW AND NATURAL BANK EROSION TO MIN FFA86797 !,� 110.00' 170.00' 109.87' 11950' A HEADLEE LANE ANEXTENTTHATCANNOT BE DEFINITELY DEFINED.THE CITY SHALL NOT m s / N 89-26'49"W 106.7t} BE HELD LIABLE FOR ANY DAMAGES OF ANY NATURE RESULTING FROM -� 290.00' HEARTH DRIVE -� 263.43' THE OCCURRENCE OF THESE NATURAL PHENOMENA OR RESULTING FROM VARIABLE WIDTH DRAINAGE N 89118'24"W 553.43' $ r` THE FAILURE OF ANY STRUCTURE OR STRUCTURES,WITHIN THE &DETENTION EASEMENT LOT CA-2X v z EASEMENT OR OTHERWISE. LOT CA-1X 126 - - - - - L32 8 P.U.E.- 0.88 ACRE 7 APPROVED BY THE PLANNING&ZONING COMMISSION ON THIS 1.2E ACRE 25 - /0.72' 22.69' m 16'D.E. pI* a_ o BY ORDINANCE 2015368 VARIABLE WIDTH \ �� o ro� DRAINAGE&DETENTION 3 M DAY OF 2018. \� oao14 ACRE 15 16 8 17 8 18 y 19 R 20 6 21 22 23 zM EASEMENT m 5 o F $ 0.16 ACRE 0.17 ACRE 0.17 ACRE 0.17 ACRE 017 ACRE 0.17 ACRE- 0.17 ACRE �� p / MIN 0.1E ACRE c z 0.1]ACRE c zo'ss.E. . 1n 1 m a CHAIRPERSON,PLANNING&ZONING COMMISSION / POB z $ Ll------- ieo 135.fi7 60.00' 60.00' 60.00' 60.00' 60.00• 60.00' 60.00• 60.00• 60.00' Z 247.45' 82.50' < 1IRFN:7,136,013.706 N 89°18'24"W 154.93'CAP/IRS N 89°18'25"W 923.44' E:2,381,867.238_ a CITY SECRETARY NAD LOT I,BLOCK 0 GATEWAY ADDITION 0 CAB.K,PG.23B P.R.D.C.T. LEGEND LINE TABLE LINE TABLE OWNER: CITY OF DENTONPR OJECT NUMBER NAD 83=NORTH AMERICAN DATUM 1983 LINE BEARING DISTANCE LINE BEARING DISTANCE FP18-0019 U.E.=UTILITY EASEMENT L1 S 00*11'28"W 24.43' L16 N 30°46'07"E 14.54' PETER E.PULIS SURVIVOR'S TRUST 1039 TAHOE DRIVE E.E.=ELECTRIC EASEMENT L2 N 70°56'21"E 15.37' L17 S 83°37'16"W 14.31' BELMONT,CA 94002 W.E.=WALL EASEMENT L3 N 00'11'28"E 29.97' L18 N 01"28'37"W 15.04' PHONE:(650)430-8010 WATER.E.=WATER EASEMENT FINAL PLAT D.E.=DRAINAGE EASEMENT L4 S 89°4Z34"E 18.82' L19 S 67°4528"E 14.0 r CONTACT:PETER E.PULIS S.U.E.=SANITA RVSEWERSEEASEMENT L5 N51°22'44"W 24.23' L20 N22°09'31"E 14.26' SURVEYOR; FIRESIDE ADDITION, PHASE 'I P.U.E.=MMONPUBLI UTILITY EASEMENT L6 N 23°18'05"W 24.78' L21 S 45'35'13"W 14.14' CA=COMMON AREA(HOA MAINTAINED) KAZ SURVEYING,INC. SQ.FT.=SQUARE FEET L7 N19°03'39"W 31.65' L22 s4a°za'a7"E 14.14' 1720 WESTMINSTER LOTS 1-27 BLOCK A LOTS 1-28 BLOCK B POB=POINT OF BEGINNING DENTON1720 , TEXS 76205ER STREET i r r r r CAP/IRF=CAPPED IRON ROD FOUND L8 N 89°z4'47"W 35.44' L23 N 44'2413.W 24.21' PHOTON,TEXAS 76205 DENTON,TX 76205 LOTS 1-23,BLOCK C,LOTS 1-13,BLOCK D, 1/2'IRF=1/2"IRON ROD FOUND L9 N 38°37'i6"E 24.74' L24 S 45°35'13"W 21.21' PHONE:(940)382-3446 ' (940)382-3446 CAP/IRF=CAPPED IRON ROD FOUND L10 S62°2838"E 22.33' L25 N45°35'13"E 14.14' TBPLS FIRM#10002100 JOB NUMBER: 1504OTFP LOTS 1-16,BLOCK E,CA LOT 1X&CA LOT 2X,BLOCK A CAP/IRS=CAPPED IRON ROD SET L11 N 27°30'02"E 21.61' Lzs S 44"24 ENGINEER: 47"E 21.21' DRAWN BY:TK 107 RESIDENTIAL LOTS&2 CA-HOA LOTS P.R.D.C.T. PLAT RECORDS DENTON COUNTY TEXAS D.R.D.C.T.=DEED RECORDS DENTON COUNTY TEXAS L12 N 59°49'10"W 13.80' L27 S 45°3825"W 14.13' QRANNELL,CRANNELL&MARTIN ENGINEERING CORPORATION DATE:8-17-2018 =CENTERLINEOFXA L13 S44°24'47"E 12.15' L26 N 44°27'58"W 1a.31' BEING 30.70 ACRES IN THE N.MEISENHAMER SURVEY,ABSTRACT a g =SURVEY LINE L14 S 45-35'13"W 14.14' L29 S 45"38'25"W 14 13' HIGH FM 407,SUITE,TEXAS R.P.L.S. HIGHLAND VILLAGE,TEXAS 75077 SURVEYING NUMBER 810 AND THE ROBERT BEAUMONT SURVEY,ABSTRACT =STREET NAME CHANGE L15 S 44°24'47"E 14.14' L30 N 44°2V35"W 14.16' PHONE:972.691.6633 KENNETH A.ZOLLINGER NUMBER 31,IN THE CITY OF DENTON,DENTON COUNTY,TEXAS TBPE FIRM#605 -40 o FOR IMMEDIATE RELEASE DENTON Jessica Rogers • (940) 349-7531 • Jessica.Rogers@cityofdenton.com Upcoming Public Information Meetings Regarding upcoming construction projects DENTON, TX, Nov. 30, 2018—The City of Denton has scheduled five public information meetings throughout the month of December regarding upcoming construction projects. Citizens are invited and encouraged to attend the meetings to receive information and to discuss the specific projects with City of Denton staff. The meetings will provide information about four major construction projects that are scheduled to begin in early 2019, and one meeting is intended to gather public input during the early planning stage of a project to enhance the "mews" streets surrounding the Downtown Denton Square. MEETING INFORMATION: Pecan Creek Tributary 4 (PEC 4) Wednesday, Dec. 5, 6 to 8 p.m.,Denton Civic Center, 321 E. McKinney St. The PEC 4 project includes the installation of new underground box culverts from the intersection of Wainwright Street and Highland Street along the tributary just west of Prairie Street. This box culvert will contain the 100-year floodplain. During construction, crews will also replace and improve the water and wastewater main lines along Elm Street and Locust Street from Eagle Drive to Hickory Street. Hickory Creek Road West Thursday,Dec. 6, 6 to 8 p.m.,McNair Elementary School, 1212 Hickory Creek Rd. The construction of Hickory Creek Road will widen the road to include four lanes, a median, and turn lanes. The project also includes storm drain improvements and sidewalk and ADA improvements. Magnolia Drainage Improvements Wednesday, Dec. 12, 6:30 to 8 p.m., North Lakes Recreation Center, 2001 W. Windsor Dr. This project includes constructing a new storm drain along Windsor Drive and Hinkle Drive to intercept runoff along the route. Crews will also remove and replace the road surface and partially replace curbs, sidewalks, directional ramps, and driveway approaches. North South Water Main Thursday,Dec. 13, 6 to 8 p.m.,Denia Recreation Center, 1001 Parvin St. The North South Water Main project will install approximately 11,200 linear feet of water main line along Bonnie Brae Street from Roselawn Drive to north of I-35E that will supply water to the surrounding area. OUR CORE VALUES Integrity•Fiscal Responsibility•Transparency• Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989 Mews Streets Public Open House Thursday,Dec. 13, 6 to 8 p.m.,Development Services Center, 215 W. Hickory St. The City of Denton is seeking input for the design of the "Mews" streets surrounding the Downtown Denton Square. The streets affected include Pecan, Cedar, Walnut, and Austin Streets. Additional information regarding these projects can be found at www.improvingdenton.com. Contact: Stuart Birdseye, (940) 349-8009, Stuart.Birdseye@cityofdenton.com Visit www.cityofdenton.com for more news and to stay updated. 2 Date: November 30, 2018 Report No. 201 8-173 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: During the concluding items portion of the November 6, 2018 City Council meeting, Council Member Armintor requested information regarding options to limit the height of landfill operations. On November 11, 2018, Council Member Armintor submitted an email request for information related to landfill customers originating outside of Denton. At the November 27, 2018 Council meeting, Council Member Briggs requested information on the volume of waste received from the materials recycling facility that originated outside of Denton. LANDFILL HEIGHT: As discussed in an Informal Staff Report (ISR) delivered to City Council on October 12, 2018, staff estimates that the landfill's current waste disposal capacity will be depleted by approximately 2028. To address the community's future waste disposal needs, the City applied for a permit amendment with the Texas Commission on Environmental Quality (TCEQ) in January 2017. The amendment proposes add an additional 107.64 acres of waste capacity and an increase in landfill height of approximately 160 feet. If approved as proposed, an additional 60 years of landfill capacity would be added to the site (last year of operation is projected to be 2088). The permit amendment is currently undergoing technical review by the TCEQ. Once complete, the agency will issue notices requesting comments from members of the public, and a public meeting may be facilitated by the TCEQ. During these processes, the TCEQ may elect to revise aspects of the permit, including operating height. Following approval of the permit amendment, staff intends to craft a revised site plan and specific use permit (SUP) for the Council's consideration. At that time, the City Council may restrict operations at a final height lower than the operating height approved by the TCEQ. LANDFILL WASTE ACCEPTANCE: Council Member Armintor's November 11, 2018 email requested information on the volume of waste received at the landfill from other cities, the cities which utilize the facility, and the rates assessed to these customers for landfill services. The table on the following page was provided as part of an October 12, 2018 staff report. The highlighted rows represent waste volumes received from other communities. A "wholesale" customer is defined as any hauler of municipal solid waste who provides collection services in bulk to surrounding communities. The residual waste received from the City's material recycling facility (MRF) is also classified as wholesale waste and represents approximately 6,692 tons of the wholesale waste received by the landfill in Fiscal Year 2017-2018. Based on local contamination rates, staff estimates that approximately 2,731 tons of the waste received from the MRF originated from communities other than Denton. Date: November 30, 2018 Report No. 201 8-173 Waste Tonnage by FY 2013-14 FY 2014-15 FY 2015-16 FY 2016-17 FY 2017-18 Source Commercial 70,936 76,553 81,991 83,928 85,349 Collections Residential Collections 22,709 24,081 25,253 26,382 26,502 Landfill-City 4,374 7,640 7,895 1,609 5,376 Department Landfill-Denton Resident/Business 21,585 23,468 29,295 50,683 49,304 Landfill-Non-Denton Resident/Business 6,012 5,432 10,073 5,349 9,897 Landfill-Wholesale 70,079 100,152 99,416 101,698 103,574 Total Waste Tonnage 195,695 237,325 253,923 269,648 279,984 The communities utilizing the landfill facility during fiscal year 2017-18 include: Alvord Corinth Hickory Creek Nocona Shady Shores Argyle Crossroads Highland North Lakes Sherman Arlington Dallas Irving Oak Point Slidell Aubrey Decatur Justin Paradise Southlake Aurora Denton County Keller Pilot Point Springtown Bartonville Double Oak Krugerville Plano Sunset Bowie Era Krum Ponder Texoma Boyd Flower Mound Lake Dallas Pottsboro The Colony Bridgeport Forestburg Lake Kiowa Prosper Tioga Carrollton Fort Worth Lewisville Providence Trophy Club Celina Frisco Lindsay Rhome Valley View Chico Gainesville Little Elm Roanoke Watauga Colleyville Grapevine McKinney Runaway Bay Westlake Collinsville Hackberry Melissa Saginaw White Coppell Haltom City Muenster Saint Jo Whitesboro Copper Canyon Haslet Newark Sanger The waste received from these communities include private waste haulers, individual residents and businesses, and businesses headquartered in these communities that are performing work in Denton. The rates assessed for landfill usage vary according to the volume and type of material being delivered to the facility. For fiscal year 2017-18, rates assessed to non-Denton residents and businesses ranged from $10.00 to $65.50 per ton. The revenue generated as a result of these transactions totals $2,814,908, approximately 25% of the Landfill operation's total revenue for fiscal year 2017-18. Date: November 30, 2018 Report No. 201 8-173 It is worth noting that Council implemented rate increases at the start of Fiscal Year 2018-2019 for landfill customers classified as Wholesale and Sludge haulers. In accordance with recommendations made as part of a comprehensive rate study, the wholesale rate increased from $23.00 per ton to $24.50 per ton, and the sludge rate increased from $23.00 per ton to $46.00 per ton. Through the first month of the fiscal year, the volume of wholesale and sludge waste accepted at the landfill has decreased from last year's monthly averages by approximately 4% and 62%respectively. Please feel free to contact me if you have additional questions or concerns. STAFF CONTACT(S): Ethan Cox Director of Solid Waste (940) 349-7421 Ethan.C ox&cityofdenton.com Date: November 30, 2018 Report No. 2018-174 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT Provide additional information regarding smoking regulations and age restrictions, including a recent ordinance approved by the City of San Antonio,and a recent Food and Drug Administration (FDA) announcement about limiting the use of tobacco products and electronic cigarettes by minors. BACKGROUND Following requests from the City Council, staff provided two Informal Staff Reports under reference numbers 2018-141 and 2018-157. The two reports discuss current policies and background information regarding smoking and electronic cigarette regulations.More specifically, the reports outlined: • No. 2018-141: History of the City's Smoking Ordinance No. 2015-121 • No. 2018-157: Information on current laws and policies in the City which regulate the sale and usage of electronic cigarettes. This includes the City's Smoking Ordinance, State Statutes for School Districts, and Denton ISD's Policy. A Council Member recently requested additional information about the tobacco ordinance approved by the City of San Antonio'. Additionally, the FDA recently issued an announcement about tobacco and e-cigarette use by minors which staff wanted to update Council with since it is relevant to the issue. DISCUSSION San Antonio's Tobacco 21 Ordinance The San Antonio ordinance (Attachment 1), also known as the "Tobacco 21 Ordinance", took effect on October 1, 2018 and increased the minimum age for the sale of tobacco products from 18 years of age to 21 years of age. The Tobacco 21 Ordinance defines the term"tobacco products"to include "... any product that is made from or derived from tobacco, and is intended for human consumption or is likely to be consumed,whether smoked,heated,chewed,absorbed,dissolved,inhaled or ingested by any other means including but not limited to, a cigarette, a cigar,pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device or liquids used in electronic smoking devices." Enforcement of the Tobacco 21 ordinance is carried out by the San Antonio Metropolitan Health District("Metro Health"),the public health agency that is designated by State law, City code, and 'January 11, 2018, the City of San Antonio passed Ordinance 2018-01-11-0001 which amended Chapter 36 of the San Antonio City Code and increased the age for sale of tobacco products to 21 years of age.The amendment also defines the term"tobacco products"to include electronic smoking devices, prohibits providing tobacco products to anyone under 21 years of age, and provides criminal penalties for violating the ordinance. Date: November 30,2018 Report No. 2018-174 County resolution with the responsibility for providing public health programs in San Antonio. Metro Health is a City/County organization but administrative control is under the City of San Antonio and is operated as a City department. Violations of the Tobacco 21 ordinance will be enforced by Metro Health as class "C"misdemeanors and can result in a fine up to $500. It is important to note that the Tobacco 21 ordinance only addresses the selling, distributing, or providing tobacco products to someone who is under 21; in other words the in-store retailers in the City of San Antonio could be fined for selling to someone under 21. The Tobacco 21 ordinance does not apply to the individuals under 21 who purchase, use, or is possess a tobacco product. These individuals would be addressed under Texas State tobacco laws which provide individuals under 18 who purchase, use, or possess tobacco can be fined up to $250 and required to attend a tobacco awareness program.2 Before starting Citywide enforcement, a nine month grace period is in place to allow Metro Health to provide education to the public to raise awareness of the new law and to educate tobacco retailers and staff on the changes. For reference, Attachment 2 is a presentation given to the San Antonio City Council on January 11, 2018 outlining the Tobacco 21 ordinance and associated research. Also attached is a timeline (Attachment 3), education and implementation overview (Attachment 4), and a question and answer(Attachment 5). Food and Drug Administration Announcement Staff also wanted to share some relevant information regarding proposed policy changes at the federal level. On Thursday, November 15, 2018, the Food and Drug Administration ("FDA") announced that it will begin the process to ban menthol in cigarettes,ban flavor in cigars, and limit the sales of flavored electronic cigarettes to youths. In a news release, the FDA released the findings from the National Youth Tobacco Survey(NYTS)that showed that more than 3.6 million middle and high school students were current users of electronic cigarettes in 2018, an increase of 1.5 million over the previous year. Scott Gottlieb, Commissioner of the FDA, laid out proposed new steps in a statement (Attachment 6) and directed the FDA's Center for Tobacco Products to revisit the compliance policy by having "all flavored products, including all flavors other than tobacco, mint and menthol, sold in age-restricted, in-person locations and, if sold online, under heightened practices for age verification." While there has been no change in policy or federal law,the directives set forth in a statement from Gottlieb are meant to speed up FDA action to limit the sale of flavored electronic cigarette products to minors both in stores and online. This directive is the first step in the long process of banning menthol in cigarettes,banning flavors in cigars, and limiting sales of flavored electronic cigarettes to youths. 2 See Texas Health&Safety Code§ 161.252 which prohibits individuals under 18 from possessing,purchasing,consuming,or accepting a cigarette,e-cigarette,or tobacco product. Date: November 30, 2018 Report No. 2018-174 ATTACHMENTS 1. San Antonio Ordinance ("Tobacco 21 Ordinance") 2. San Antonio Tobacco 21 Presentation 3. Tobacco 21 Timeline 4. Tobacco 21 Education and Implementation Plan 5. Tobacco 21 Question and Answer 6. FDA Statement Regarding Youth Access to Tobacco and Electronic Cigarettes STAFF CONTACT: Stuart Birdseye Management Analyst 940-349-8009 stuart.birdseyekcityofdenton.com Sarah Kuechler Director of Public Affairs 940-349-8356 sarah.kuechlerkcityofdenton.com LEGAL: Stephanie N. Neal Assistant City Attorney 940-349-8333 Stephanie.nealncityofdenton.com L� 5 p EG efg 01 11 18 Item#4 AN ORDINANCE '2018 -- 0 1 - 1 1 - 0 0 0 1 AMENDING CHAPTER 36, OF THE CITY CODE OF SAN ANTONIO, TEXAS ENTITLED "SMOKING," TO INCREASE THE AGE FOR SALE OF TOBACCO PRODUCTS TO 21 YEARS OF AGE, ESTABLISHING ENFORCEMENT AUTHORITY, ESTABLISHING PENALTIES AND FINES FOR VIOLATIONS AND SETTING THE EFFECTIVE DATE FOR OCTOBER 1, 2018; AND PROVIDING FOR PUBLICATION. WHEREAS, in 2003, the City Council enacted an ordinance prohibiting smoking in public and private workplaces, and in some areas of restaurants; and WHEREAS, in 2010, the City Council approved Ordinance 2010-08-19-0697 to prohibit smoking in enclosed public spaces, and some outdoor spaces, within the City of San Antonio in f order (1) to protect the public health and welfare by prohibiting smoking in enclosed places and specified outdoor areas within the city; and (2) to guarantee the right of nonsmokers to breathe smoke-free air, and recognizing that the need to breathe smoke-free air shall have priority over the desire to smoke; and WHEREAS, tobacco use is the foremost preventable cause of premature death in America and causes half a million deaths annually and has been responsible for 20.8 mullion premature deaths in the U.S. over the past 50 years since the first Surgeon General's report on smoking in 1964; and WHEREAS, national data show that 95 percent of adult smokers begin stroking before they turn 21. The ages of 18 to 21 are a critical period when many smokers move from experimental smoking to regular, daily use; and E WHEREAS, in 2015, the Institute of Medicine concluded that raising the minimum legal sales age for tobacco products nationwide will reduce tobacco initiation, particularly among k adolescents aged 15 to 17,improve health across the lifespan, and save lives;and I WHEREAS,nationally, the current amount of health care and lost worker productivity costs each year related to tobacco use is $300 billion; and f WHEREAS, staff made presentations and recommendations to the City Council's Community Health and Equity Committee on October 26,2017; and WHEREAS,a public town hall/roundtable discussion was held on November 16,2017; and E WHEREAS, staff made a presentation to the City Council during a B Session on December 6, 2017 for input and further refinement of the proposed revisions; and J -r.•ry.-bs tea:_ - .L, x .T-cm• .r - - '%t - �-- - rtY'�:�•j.-� ii ..:s�' •' tea'" '__"' �.::e' - t r EG dg Ol 11?18 1 Item#4 WHEREAS, the City Council of San Antonio finds that the Texas Health and Safety Code provides that political subdivisions have the authority to more strictly regulate the sale, distribution and use of tobacco products, and that as a home-rule municipality the City of San Antonio has the further ability to address matters of public health and safety; and now finds that raising the age for the We of tobacco products to 21 years of age is a matter of public health and t safety; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANTONIO: SECTION 1, The current Chapter 36, of the City Code of San Antonio, Texas, entitled "Smoking,"is amended by adding language that is underlined added and deleting language that is stricken(deleted) to the existing text as set forth in this Ordinance. Chapter 36 is amended as follows and such amendments will become effective on October 1,2018: CHAPTER 36—SMOKING Sec. 36-5. - Distribution, display.,and sale of tobacco products; and cigarette F' machines. (a) Definition. For purposes of this section only, the term Tobacco Products means any product that Is made from or derived from tobacco, and is l intended for human consumption or is likely to be consumed whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means. , Including, but not limited to a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device or liquids used in electronic smoking devices. Tobacco product does not Include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Druq and Cosmetic Act. (b) Distribution, display, and sale of sme�tobacco products, or smoking paraphernalia on any public right-of-way, city park or any city-owned building or facility is hereby prohibited. (c) Sale of tobacco products to persons under 21 years of age prohibited. A person commits an offense if the person, with criminal negligence: a. sells, gives, or causes to be sold or given a tobacco product to someone who is younger than 21 years of or i 7 2 I '�S...._.._ - - � .� .'s S�= '_.+[ .y+_ - �y.r, y.far-st-�rr.1r- - .a.. - - _",.-""'tom•---�'r-s.- EG cfg 01 11,18 Item#4 k b. sells, gives, or causes to be sold or given a tobacco product to another person who Intends to deliver it to someone who Is younger than 21 years of age. It is a defense to prosecution under this subsection that the person to whom the tobacco product was sold or given presented to the r defendant apparently valid proof of identification. U A.proof of identification.satisfies the requirements for this subsection if it contains a physical description and photograph consistent with the person's appearance, purports to establish that theRperson Is 21 years of age or older, and was Issued by a govemmental agency. The proof of identification may include a driver's license issued by this state or another state, a passport, or an identification card issued by a state or the federal govemment. Worming Notice. � () Each person who sells cigarettes, e-cigarettes, or tobacco products at retail or by vending machine shall post a sign in a location that Is conspicuous to all employees and customers and that is close to the !j place at which the cigarettes, e-cigarettes, or tobacco products may i° be-purchased. The sign must include the statement THE SALE OR PROVISION OF E-CIGARETTES OR TOBACCO PRODUCTS TO A PERSON UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW WITHIN THE CITY OF SAN ANTONIO. The Director shall determine the size and design of the sign. The Department, on request, shall provide the sign without charge to any person who sells cigarettes, e-cigarettes, or tobacco products. (e) Notification of Employees and Agents. Each retailer shall notify each individual employed by that retailer i who is to be engaged in retail sales of cigarettes, e-cigarettes, or } tobacco products that the city code: a. prohibits the sale or distribution of cigarettes, e-cigarettes, or tobacco products to any person who is younger than 21 years of age; and 3 E - f EG'efg 01,11 18 Item##4 b. requires each person who sells cigarettes, e-_cigarettes, or tobacco products at retail or bLvending machine to post a warning notice as provided by Section 36-5 (d), requires each employee to ensure that the appropriate sign is always properly displayed while that employee is exercising the employee's duties: The notice required by this section must be provided within 72 hours of the date an Individual begins to engage In retail sales of e- cigarettes or tobacco products. The individual shall signify that the individual has received the notice required by this section by signing aform stating that the law has been fully explained, that the individual understands the law and that the individual as a condition of employment, agrees to comply with the law. Each form signed by an individual under this section shall indicate the date of the signature and the current address and social security number of the individual. The retailer shall retain the form signed by each individual employed as a retail sales clerk until the 60th day after the date the individual has left the employers employ. i{ !' (4) A retailer required by this section to notify employees commits an offense if the retailer fails, on demand of a person authorized to enforce the city code, to provide the forms prescribed by this section. �i () It is a defense to prosecution under Section 36-5 (f)(4) to show proof that the employee did complete, sign, and date the forms required by ; Subsections 36-5 (,f (2) and (3). Cigarette vending machines. (1) Subject to the defenses provided in subsection (2) below, it shall be unlawful for any business owner, manager and employee in control of cigarette vending machines within the city to intentionally, knowingly, ` recklessly, or with criminal negligence allow the display or use of any cigarette vending machine upon any property within the city. (2) It is a defense to prosecution under the provisions of subsection (b) that. a. The cigarette vending machine is situated in a premise where entry by any person under eigpteeR twenty-one ( 21) years of age is prohibited by law; or b. The cigarette vending machine is located in a workplace with the permission of the employer, provided that the employer has no persons under the age of eighteen twenty-one (U21) years 4 EG;efg 01'11,18 Item#4 employed at the workplace, and further provided that the cigarette vending machine is situated at a location within the workplace to which persons other than those employed at the workplace are not permitted to have access. L9.) Penalty. A violation of this any, subsection of Section 36-5 Is hereby declared to be a misdemeanor crime, and upon conviction, shall be s punishable as set out below: A violation of subsections 36-5 (b) or(f) shall be punishable by a fine of not more than two thousand dollars ($2,000.00). A violation of subsections 36-5 (c). (d) or(e) shall be punishable by a fine of not more than five hundred dollars ($500.00). Sec. 36-1 S. - Effective date. i This chapter shall become effective on August 19, 2011. Revisions made subsequent to August 19, 2011 shall become effective on October 1, 2018. SECTION 2. All other provisions of Chapter 36 of the City Code of San Antonio, Texas shall remain in full force and effect unless expressly amended by this ordinance. SECTION 3. 'Violations occurring on or after October 1,2018 shall be punished as provided in the revised Chapter 36 of the City Code of San Antonio, Texas. Violations prior to October 1, 2018 shall be punished under the former applicable Sections which shall remain in effect for that purpose. SECTION 4. Should any Article, Section, Part, Paragraph, Sentence, Phrase, Clause, or Word of this ordinance, for any reason be held illegal, inoperative, or invalid, or if any exception to or limitation upon any general provision herein contained be held to be unconstitutional or invalid or ineffective, the remainder shall, nevertheless, stand effective and valid as if it had been enacted and ordained without the portion held to be unconstitutional or invalid or ineffective. SECTION 5. The City Clerk is directed to publish public notice of this ordinance in accordance with Section 17 of the City Charter of San Antonio,Texas. SECTION 6. The publishers of the City Code of San Antonio, Texas are authorized to amend said code to reflect the changes adopted herein and to correct typographical errors and to index, format and number paragraphs to conform to the existing code. SECTION 7. This ordinance is effective immediately upon the receipt of eight affirmative votes;otherwise, it is effective ten days after passage. 5 +-.r k-y.a�.� � t]+.r. . s� �1r► r-�rer-��.s2^•c - - - -+tt rf�ctT•sa r_:s-.. _ �s - EG!efg O1'11/18 Item##4 f SECTION 8. Penalties provided for in this Chapter 36 of the City Code of San Antonio, Texas shall be effective five days after publication by the City Clerk. PASSED AND APPROVED this 11 O' day of January, 2018. M A Y O R Ron Nirenherp ATTEST: APPROVED AS TO FORM: tr ' M.. cek, Ci4C11erk(-"'-) 4ndw Segovia, ity Attorney 6 C CITY OF SAN ANTONIO 4 METROPOLITAN HEALTH DISTRICT Tobacco 21 Colleen M . Bridger, MPH , PhD Director City Council A Session January 11 , 2018 Tobacco • Leading cause of preventable disease , disability, and death in the United States. • Every day, nearly 2 , 100 young people under the age of 21 become daily cigarette smokers . • Nicotine is highly addictive and the adolescent brain is more susceptible to it. WhyAge ?Raise the • 95% of adult smokers began smoking before they turned 21 . Sale of Tobacco Products by Age Supply of Tobacco to People 17 years and younger • Only 2% of tobacco sold is purchased by 18-20 year I olds , but that 2% supplies 2 90% of the addictive lidip tobacco to younger people. ■ 21 yrs. and older ■ From 18-20 yr. olds 18-20 yrs. From other sources Increasing the Sale Age to 21 A Public Health Solution • Delay age of first tobacco IT use and reduce risk of becoming regular smoker. People who havenot used f obacco � • Help keep tobacco out of by ••- 21 are unlikely f o ever start. schools. • Younger teens have harder time passing themselves off ` as 21 . Where is T21 alreadyin place ? 9 280+ Cities & Counties in States 25 % of �a*_ MIN GREGoN NIS MACH YoF2K r 4 hU5[,5 _TA Americans D �Gp" NEW,Nt Illl OHIO jUs`r o� COLORADO KANSAS ors covered N°►s z 0 � '9 RUN NUNSAS MIS SIS eighteen twenty-one SIPPI pr Statewide policy pr States with local policies H A!y'9�i Timeline F270- MEMMW August 241h Introduced T21 to Community Health & Equity Committee Sept. 15th — Oct. 23rd Community Survey October 26th T21 presentation to Community Health & Equity Committee November 3rd Mailed letter & town hall invite to over 1,600 local tobacco retailers November 13th T21 Supporter / Stakeholder Meeting November 16th Town Hall Meeting December 6th City Council B Session January 11th City Council A Session Proposed implementation time January — Sept. 2018 Educate retailers and community on ordinance and enforcement October 1, 2018 Tobacco sale age raised from 18 to 21 Local Survey Results 5 ,447 individuals responded to our Tobacco 21 survey that asked the question : Blank 0.2% o Do you believe that the minimum zz s% tobacco sales age should be raised from 18 to 21 ? 77.5% answered Yes „50,0 Economic data M1- Response - 0 Will this program save Just under 500 San Antonio 18-20 year old lives will be lives? saved each year from implementing T21. Is this program cost The Texas DSHS estimated $406 million saved in health effective? care spending on pre-term birth and low birth weight related expenses alone for statewide implementation. Is this program bad for Since implementation in Needham, MA in 2005, no business? convenience stores have gone out of business. Smokers cost employers almost $6,000 more per year than non smokers. Needham Case History Needham vs. Metro West High School Smoking Rates T 16 J 14 12 0 3 -18.9% ,n 10 —Metro West f ) 6 -20.2%� (16 surrounding c 8 .` 42 6/ communities) aC 6 -48.1% —F Needham L 4 4j, / , _ 2 �. 0 2006 2008 2010 2012 Year Decreases noted on graph are%change between that year and 2006 Concerns Raised at B Session Concern raised in December Addressed by im 1 6: ' Proposed method of selecting Will use random sampling stores for unannounced compliance checks Enforcement on 18-20 year olds Have dropped enforcement on purchase, use and possession 18-20 year olds; retaining enforcement on retailers Draft Ordinance . . . . Tobacco . (PUP) < 18 years State law State law of age Violations of sale — Violations of youth PUP misdemeanor, with max. — misdemeanor, with fine of $500. max. fine of $250. 18-20 years COSA Ordinance COSA Ordinance of age Mirror state law, but will No enforcement raise age restriction to 21 Implementation Plan • Nine month grace period — effective October 1 , 2018 • Provide education to youth and families to ensure awareness of new law and educate tobacco retailers and staff on changes in law. • Metro Health will lead enforcement • Random sampling used to determine locations of unannounced compliance checks at tobacco retailers Fiscal Impact • Minimal fiscal impact • As proposed , the fine is up to $500 for the sale of tobacco products to someone under 21 years of age. • Revenues from these fines will be deposited in the General Fund . Recommendation Staff recommends City Council approve the proposed changes to Chapter 36 of the City Code , titled Smoking Thank you . Any Questions? 4 k 0 CITY OF SAN ANTONIO METROPOLITAN HEALTH DISTRICT Colleen M . Bridger, MPH , PhD Director �1 CITY OF SAN ANTONIO © = METROPOLITAN HEALTH DISTRICT IF Tobacco 21 (T21) Implementation - As of August 31, 2018 L L L 00 t � E Ol Legend L L - , v o > v Completed In Progress Target Month(s) � Q Q N 1@7 0 z o Metro Health Activities Create Metro Health web page to inform community and tobacco retailers on T21 a (www.sanantonio.gov/tobacco2l) v Provide updates on Metro Health's T21 web page UMail T21 letter to San Antonio tobacco retailers regarding passage of Tobacco 21 Ordinance v L Create T21 Ordinance Fact Sheet for tobacco retailers 0 o Distribute T21 Ordinance Fact Sheet to tobacco retailers = Create T21 retailer education kit w a) Distribute T21 retailer education kit to tobacco retailers (in-person, mail, online, social media). Continue outreach to Tobacco Retailers Send out and share invitations for T21 Stakeholder Meetings to community and tobacco retailers (mail, email, social media, media interviews) W Host T21 Stakeholder Group Meeting A: March 29, 6 PM at Central Library a, Host T21 Stakeholder Group Meeting B: April 11, 10 AM at Central Library Host T21 Stakeholder Group Meeting C: April 11, 6 PM at Central Library E Send out and share invitations for T21 Stakeholder Meetings to the community and tobacco E 0 retailers (mail, email, social media, media interviews) Host T21 Stakeholder Meeting 1: August 8, 5:30 PM at Forest Hills Library (West) L Q� Host T21 Stakeholder Meeting 2: August 13, 3 PM at Carver Library (East) v Host T21 Stakeholder Meeting 3: August 27, 10:30 AM at Tobin Library (North) Host T21 Stakeholder Meeting 4: September 4, 6 PM at Mission Library (South) v Present T21 to Greater Bexar County Council of Cities (Includes Mayors of local municipalities) v Present T21 to Bexar County Suburban Cities Council (Includes Mayors of local municipalities) 0 Continue T21 outreach to other municipalities Page 1 of 2 CITY OF SAN ANTONIO IV METROPOLITAN HEALTH DISTRICT Tobacco 21 (T21) Implementation - As of August 31, 2018 L L L +r E W E Legend 00 — , v — o > Q c ca Q co c tw 0 4-1 0 U c Qj Completed In Progress Target Month(s) ,� 2 a a N p z o Metro Health Activities Create T21 community education materials U w Distribute T21 community education materials (schools, universities, colleges, events, military, c faith-based, non-profits, social media, online) E Create 30 second T21 video for young adults 20 and younger ;_ 0 u Share T21 video on social media and with universities, colleges, schools and other organizations Present T21 to the Joint Base San Antonio (JBSA)/ Metro Health Public Health Briefing Work with the JBSA leadership to obtain support and approval for a communication plan to include Lackland, Randolph, Fort Sam Houston, the Air Force Basic Trainees, students at the L Medical Education and Training Campus, and dependents. L +° Present T21 to JBSA Student Commanders leading the Medical Education and Training at Fort Sam 2 Houston for the Army, Navy, Air Force, Marines and Coast Guard Present T21 at the Fort Sam Houston (FSH) Community Information Forum open to the entire FSH community Work with community partners to create tobacco use surveys for both high school teens and young adults ages 18-20 to measure current rates of youth tobacco use in San Antonio VI Seek approval to administer both youth tobacco use surveys L N Conduct both youth tobacco use surveys Analyze youth tobacco use surveys and produce report Issue press release and conduct media interviews announcing T21 will take effect October 1, 2018 v October 1, 2018 - San Antonio T21 Ordinance becomes effective; Hold press briefing Recruit 18-20 year old adults for T21 Decoy Compliance Visits v Health Inspectors begin annual T21 inspections on October 1, 2018 � Provide T21 Decoy Compliance Training to selected 18-20 yr. old young adults 0 u Health Inspectors &young adults (18-20) begin annual T21 Decoy Compliance Visits on January 1, 2019 (100 per year by random selection) Page 2 of 2 © CITYOFSANANTONIO METROPOLITAN HEALTH DISTRICT Tobacco 21 Education and Implementation Overview Raising the minimum legal sale age for tobacco from age 18 to 21 will have a substantial positive impact on public health and will save lives. To be effective, education, implementation and enforcement will be critical elements in the City of San Antonio's Tobacco 21 (T21) initiative and Ordinance. The Ordinance will take effect nine months after passage. The San Antonio Metropolitan Health District (Metro Health) will focus its efforts, on T21 education throughout the San Antonio community and providing signage and resources to tobacco retailers. The information and resources will require minimal funds supported by Metro Health's current operating budget. T21 Education (January— September 2018) Metro Health will collaborate with the San Antonio Tobacco 21 Coalition, the San Antonio Council on Alcohol and Drug Abuse (SACADA), Tobacco Retailers and others such as the Region 20 Education Service Center, local school districts, charter & private schools, and other City of San Antonio departments, including Parks and Recreation, Human Services, Library, and the Office of Equity, to provide T21 education in the San Antonio community. Tobacco Retailer Education: • In the first nine months of passage of a T21 Ordinance, tobacco retailers will receive education and resources to comply with T21. • Retailers will be able to participate in an educational session on T21 and the local Ordinance. • Retailers will receive signage from Metro Health at no cost to comply with the T21 Ordinance to display in their establishments. • Retailers will receive T21 information from Metro Health at no cost to train their employees on the new minimum sale age, types of tobacco products listed in the Ordinance, fines, and a listing of local tobacco cessation programs. • Those selling tobacco products will be required to maintain the current standard of verifying the age of people wanting to purchase tobacco products who appear to be under the age of 27. • Retailers will also be able to download T21 information from the City of San Antonio's<Metro Health website, www.sanantonio.gov/health. Youth &Families: • City of San Antonio departments who work with youth and families will provide them with bilingual information on T21. • San Antonio youth focused institutions and organizations will receive bilingual T21 educational information to share with the youth and families they serve. • Organizations will be encouraged to include T21 information in their tobacco prevention curricula and prevention programs. • Youth focused institutions, organizations, parents and youth will be able to download T21 information from the City of San Antonio's Metro Health website. • T21 information will also be disseminated via Social Media. Page 1; updated [1/26/18] © CITYOFSANANTONIO METROPOLITAN HEALTH DISTRICT T21 Implementation Philosophy The overarching philosophy for implementation of this Ordinance is education and partnership with retailers to achieve compliance with the new sale age. As well, the implementation philosophy emphasizes educating youth about the dangers of tobacco addiction and access to tobacco cessation services. Retailers and youth will be educated about the new law and every effort will be made for retailers to achieve voluntary compliance. However, for those retailers who fail to comply with the Ordinance, the following processes will apply as outlined below (please also see a flow chart 1 beginning on page 3 of the implementation and enforcement processes). According to the Texas Comptroller's Office, currently less than 10% of retailers sell to underage individuals, but non-compliance is unacceptable given the addictiveness of tobacco and the health consequences to youth. Enforcement Authority Principal enforcement of the proposed T21 Ordinance will be by Metro Health's Sanitarians. Currently Metro Health Sanitarians have the capacity to fulfill the T21 enforcement authority role since the majority of tobacco retailers already receive a routine inspection once per year. The addition of a T21 compliance check to verify T21 signage and training requirements will add minimal time to the current routine inspection. In addition, any person may register a complaint with the City of San Antonio by calling 311 to report violations of this Ordinance. Metro Health Sanitarians also currently follow up on complaints made by the community through the 311 process. If fines for violations of the Ordinance generate additional revenue, it will be collected by the General Fund. Retailers: Signage and Training Compliance (Beginning October 1, 2018) • If a violation is identified during an education visit after the nine month education period, the tobacco retailer will be issued a warning and asked to immediately rectify the violation (i.e., post appropriate signage) and information will be forwarded to the Metro Health Sanitarians. • The Metro Health Sanitarians will subsequently conduct an unannounced compliance visit within 30 days of the violation to verify that signage and/or training violations have been corrected. • Continued violations will result in a citation. Tobacco Sales to Under 21 Compliance (Beginning January 1, 2019) • If the retailer is suspected of selling tobacco products to minors (either due to 311 complaints or signage and/or training violations), Metro Health may check compliance by sending in a person under 21 to see if the retailer will sell to them. • At least once per year, Metro Health will coordinate sales compliance checks in retail establishments based upon received complaints and simple random sampling. Metro Health will use random sampling to select 10 retailers from each Council District. Page 2; updated [1/26/18] © CITYOFSANANTONIO METROPOLITAN HEALTH DISTRICT • If a tobacco retailer violates the T21 Ordinance by selling to a person under the age of 21, the Metro Health Sanitarian will issue a citation. • The penalty for the sale of tobacco products to someone under 21 years of age is a maximum fine of$500. Chart 1: T21 Implementation and Enforcement Processes Community and Retailer Education (January—September 2018) • Metro Health will collaborate with stakeholders and partners to provide T21 education throughout the San Antonio community. • Metro Health will provide signage,training and additional resources to tobacco retailers. Signage and Training Compliance(Beginning October 1,2018) Metro Health and tobacco education staff through community partners will conduct T21 compliance checks to verify signage and training through routine visits to tobacco retailers. No Was there a violation? Yes No additional signage/training Retailer asked to immediately compliance check for current address the violation and issued year a warning. Information forwarded to the T21 Enforcement Team. Enforcement Team conducts unannounced compliance visit within 30 days to verify no further signage or training violations. Was there a violation? No Yes No additional compliance check Issue citation Continued on nextpage Page 3; updated [1/26/18] © CITYOFSANANTONIO METROPOLITAN HEALTH DISTRICT Tobacco Sales to Under 21 Compliance(Beginning January 1,2019) Sales compliance checks are done by the Metro Health Sanitarians who will monitor the sale of tobacco to a person known to be under the age of 21. Retailers are selected for Tobacco Sales enforcement through: • 311 complaint process • Signage and training violations • Simple random sampling(10 retailers per Council District per year) No Was there a violation? Yes No additional compliance check Issue citation Page 4; updated [1/26/18] 06-05-18 Questions & Answers • When does the Tobacco 21 Ordinance go into effect? October 1, 2018. • Where does the City of San Antonio Tobacco 21 Ordinance go into effect? It goes into effect within the boundaries of the City of San Antonio. • How do I know if my store is within the City of San Antonio (the City) boundaries? Email us at samhd@sanantonio.gov with your store address and we will let you know. • What does the City's Tobacco 21 Ordinance cover?The City's Tobacco 21 Ordinance covers all Tobacco Products meeting the following description: any product that is made from or derived from tobacco, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus, hookahs or an electronic smoking device or liquids used in electronic smoking devices. o The City's Tobacco 21 Ordinance does not include drugs, devices or combination products authorized for sale as tobacco cessation aids by the U.S. Food and Drug Administration, such as nicotine patches. • Are synthetic tobacco products,tobacco free liquids, and CBD Oils(Cannaboid oils) included in the City's Tobacco 21 Ordinance?Yes. (The City's Tobacco 21 Ordinance follows state law; Health and Safety Code, Chapter 161.081). • Within the City, can e-cigarette replacement parts be sold to those under 21 years of age? No. (Tobacco 21 ordinance follows state law; Health and Safety Code, Chapter 161.081). • Does the City's Tobacco 21 Ordinance apply to the sale of rolling paper for hand-rolled cigarettes to those under the age of 21? No- unless the rolling paper is made of tobacco. • If my store sells tobacco products, what do I need to do to be in compliance? Starting on October 1, 2018,tobacco retailers within the City will need to: o Verify that customers who ask for cigarettes, other tobacco products or electronic cigarettes are at least 21 years old. If a customer looks to be under 27 years old, retailers must ask for proof of age. Any of these documents constitute proof of age; ■ A valid photo driver's license or non-driver ID card issued by a state or other U.S. government agency. ■ A valid passport ■ A photo ID issued by the armed forces of the United States. o ID cards issued by employers, schools, or colleges are NOT acceptable forms of ID. o Post Tobacco 21 signage in a location that is conspicuous (visible) to all employees and customers and that is close to the place at which the cigarettes, e-cigarettes, or tobacco products may be purchased. o Ensure employees are educated on the City's Tobacco 21 Ordinance. © CITY OF SAN ANTONIO METROPOLITAN HEALTH DISTRICT 06-05-18 o Ensure employees have signed the City's Tobacco 21 Employee Notification- Acknowledgement Form and these forms are kept accessible for inspection. • Can my store remove the Texas Tobacco Law sign? No. The state's signs must still be displayed. Texas Tobacco Law still applies—No sale to minors under 18 years of age. Individuals under the age of 18 who purchase, use or are in possession of a tobacco product can be fined up to $250. • Where can I find the City's signage and the City's Tobacco 21 Employee Notification- Acknowledgement Form? Metro Health will provide these Tobacco 21 materials to tobacco retailers in the City before October 1, 2018. The materials will also be posted on www.sanantonio.gov/tobacco2l. • What are the City's fines for selling or distributing tobacco products to someone who is under 21 within the City? The sale or distribution of tobacco products to someone who is under 21 within the City of San Antonio is a Class C misdemeanor, and upon conviction, can result in a fine up to$500. • Will there be a fine within the City for someone who is 18, 19 or 20 years old who purchases, uses or is found in possession of a tobacco product? No. • Does the City's Tobacco 21 Ordinance apply to cigarette/tobacco vending machines? Yes. Cigarette vending machines within the City may not be situated in a premise or workplace where persons under 21 are allowed entry and/or are employed. • Within the City, regarding hookahs, if the person who purchases the hookah set up at the business is 21 years of age or older, can people under 21 share the hookah set up with that individual? No. • Does the City's Tobacco 21 Ordinance regulate online sales and delivery? No. • Can Vape shops within the City work on or repair an e-cigarette unit for an 18, 19 or 20 year old who purchased it legally before October 1, 2018? Yes, a repair is allowed, however, giving the device back to someone who is under 21 is not allowed under the City's Tobacco 21 Ordinance. • Vape shops allow sampling without purchases. Would someone under 21 years of age be allowed to sample within the City? No. • Can clerks at stores within the City knowingly sell to someone who will be providing the product to someone under the age of 21? No. © CITY OF SAN ANTONIO METROPOLITAN HEALTH DISTRICT FDA Statement Statement from FDA Commissioner Scott Gottlieb, M . D . , on proposed new steps to protect youth by preventing access to flavored tobacco products and banning menthol in cigarettes For Immediate Release November 15, 2018 Statement Espanol (News Eve nts/Newsroom/Comunicadosde Pre nsa/ucm626115.htm) As a physician who cared for hospitalized cancer patients, I saw first-hand the devastation that smoking-related diseases had wrought on the lives of patients and their families, and dedicated myself to helping ease this suffering. As a cancer survivor myself, I understand too well the uncertainty, grief and struggle that accompanies a cancer diagnosis. And as a father of three young children, I hear daily from parents and teachers worried about the epidemic use of electronic cigarettes and nicotine addiction among kids. When I pledged last year to reduce addiction to nicotine, I was driven by the fact that, in the U.S., tobacco use remains the leading cause of preventable death and disease. Combustible cigarettes cause the overwhelming majority of tobacco-related disease. When used as intended, they are responsible for the death of half of all long- term users. Today, I'm pursuing actions aimed at addressing the disturbing trend of youth nicotine use and continuing to advance the historic declines we've achieved in recent years in the rates of combustible cigarette use among kids. These actions are grounded in hard evidence. But they also are deeply personal. When I first announced (/News Eve nts/Speeches/ucm569024.htm) our comprehensive tobacco framework plan .. .......................... ................. .... ................ in July 2017, 1 recognized my opportunity— an almost unprecedented opportunity—to use the tools that the FDA had been given in the Family Smoking Prevention and Tobacco Control Act to bring about meaningful, lasting change to dramatically alter this cycle of disease and death. I envisioned a world in which cigarettes lose their addictive potential through reduced nicotine levels. I envisioned a regulatory paradigm that focused on nicotine and evaluated the diverse nicotine delivery mechanisms along a continuum of risk. On one end, there are combustible tobacco products. At the other end, there are medicinal nicotine products sold as gums and patches. And there is an array of products in between. I saw the opportunity to advance new technologies like electronic nicotine delivery systems (ENDS) as an alternative to cigarettes for adults who still seek access to satisfying levels of nicotine, without all the deadly effects of combustion. I believed then —and I continue to believe —that we must recognize the potential for innovative, less harmful products that can efficiently deliver satisfying levels of nicotine to adults who want them. But as I said at that time, as I said at my confirmation hearing, as I said in my first remarks to the professional staff of the FDA three days after being confirmed as the FDA's Commissioner in May of 2017, and as I've said dozens of times in the months that followed: any policy accommodation to advance the innovations that could present an alternative to smoking — particularly as it relates to e-cigarettes—cannot, and will not, come at the expense of addicting a generation of children to nicotine through these same delivery vehicles. This simply will not happen. I will take whatever steps I must to prevent this. Today, I'm announcing proposals to help reverse these trends, with the unwavering support of HHS Secretary Alex Azar, who shares my deep commitment to protecting the health of our nation's children. Today, we advance our efforts to combat youth access and appeal with a policy framework that firmly and directly addresses the core of the epidemic—flavors. The data show that kids using e-cigarettes are going to be more likely to try combustible cigarettes later. This is a large pool of future risk. The policies I'm outlining now strives to strike a careful public health balance between our imperative to enable the opportunities to transition to non-combustible products to be available for adults; and our solemn mandate to make nicotine products less accessible and less appealing to children.The data make unmistakably clear that, if we're to break the cycle of addiction to nicotine, preventing youth initiation on nicotine is a paramount imperative. Almost all adult smokers started smoking when they were kids. Nearly 90 percent started smoking before the age of 18, and 95 percent by age 21. Only about 1 percent of cigarette smokers begin at age 26 or older. When I announced the FDA's Comprehensive Plan for Tobacco and Nicotine Regulation ............................................... ............................................................................... ............ .(/TobaccoProducts/NewsEvents/ucm568425.htmI in July 2017, 1 made clear my concerns about kids' use of e- . ..................................................................................................................................................................... cigarettes, especially those products marketed with obviously kid-appealing flavors. At the time, however, the trends in youth use appeared to be changing in the right direction — reported e-cigarette use among high school students, which peaked at 16.0 percent in 2015, had decreased to 11.3 percent in 2016 and held steady in 2017. What I did not predict was that, in 2018, youth use of e-cigarettes and other ENDS products would become an epidemic. Today, the FDA and the Centers for Disease Control and Prevention are publishing data from the 2018 National Youth Tobacco Survey (NYTS). The data from this nationally representative survey, conducted of middle and high school students, show astonishing increases in kids' use of e-cigarettes and other ENDS, reversing years of favorable trends in our nation's fight to prevent youth addiction to tobacco products. These data shock my conscience: from 2017 to 2018, there was a 78 percent increase in current e-cigarette use among high school students and a 48 percent increase among middle school students. The total number of middle and high school students currently using e-cigarettes rose to 3.6 million —that's 1.5 million more students using these products than the previous year. Additionally, more than a quarter (27.7 percent) of high school current e-cigarette users are using the product regularly (on 20 or more days in the past month). More than two-thirds (67.8 percent) are using flavored e-cigarettes. Both these numbers have risen significantly since 2017. These increases must stop. And the bottom line is this: I will not allow a generation of children to become addicted to nicotine through e-cigarettes. We won't let this pool of kids, a pool of future potential smokers, of future disease and death, to continue to build. We'll take whatever action is necessary to stop these trends from continuing. Over the past months, the FDA has worked aggressively to address youth use of e-cigarettes. We deployed a range of our regulatory tools. We launched a multi-pronged Youth Tobacco Prevention Plan .............................................................................................................. (/TobaccoProducts/PublicHealthEducation/Protectin KidsfromTobacco/ucm608433.htm). We escalated .................................................................................................................................................................................... .. ........................................................................................... .................................. enforcement (/NewsEvents/Newsroom/PressAnnouncements/ucm620184.htm) against retailers who illegally ....................... ............................................................................................................................................................................................................ sell ENDS products to minors. We partnered (/NewsEvents/Newsroom/PressAnnouncements/ucm618169.htm) ............................................................................................................................................................ with the Federal Trade Commission to target e-liquid manufacturers whose products used misleading, kid-appealing imagery that mimicked juice boxes, lollipops and other foods. We worked with eBay to remove listings for these products on their websites. We launched innovative campaigns, including "The Real Cost" Youth E-Cigarette Prevention Campaign, to educate teens (/NewsEvents/Newsroom/PressAnnouncements/ucm620788.htm) .................................................................................................................................................................................................................... about the consequences of addiction to e-cigarettes. And I made clear— in speeches, in statements and in interviews —that we were closely watching what appeared to be disturbing trends. I repeatedly said that, although we continue to believe that non-combustible tobacco products may provide an important opportunity to migrate adult smokers away from more harmful forms of nicotine delivery, these opportunities couldn't come at the expense of addicting a generation of kids to nicotine. I told the manufacturers of e-cigarettes that the youth use of their products was an existential threat to this innovation. In short, over the past year we weren't sitting still. And we weren't quiet about our concerns. And yet these deeply disturbing trends continued to build. In September, after receiving the raw data from the NYTS survey, I took additional action. I called on ... ............. ..............................p--. ( .. . .....................................................................................................................................................................................................�.......... manufacturers to ste u /NewsEvents/Newsroom/PressAnnouncements/ucm620185.htm , to take voluntary actions to prevent youth access to these products and to take meaningful steps to curb their youth appeal. Some manufacturers have already responded to these requests and pledged to take some meaningful voluntary steps to curb youth access and appeal to their products. I also said that the FDA would be re-evaluating our own policy approach and that all options would be considered. Given the startling and disturbing youth use rates in the 2018 NYTS data being released today, it's clear that we must do more — specifically, several policy changes to target what appear to be the central problems —youth appeal and youth access to flavored tobacco products. Some of these changes would involve revisiting the FDA's compliance policy, issued in 2017, which extended the dates by which manufacturers of deemed tobacco products that were on the market as of Aug. 8, 2016, were expected to submit premarket applications to the FDA for review (after receipt of an application, the FDA reviews the application and determines if the product meets the applicable statutory standard to be marketed). Under that policy of enforcement discretion, the premarket application compliance date for newly regulated combustible tobacco products, including certain cigars and pipe tobacco, was extended to August 2021. The premarket application compliance date for newly regulated non-combustible tobacco products was extended to August 2022. This applied to most ENDS or e-cigarettes. Today, I'm directing the FDA's Center for Tobacco Products (CTP) to revisit this compliance policy as it applies to deemed ENDS products that are flavored, including all flavors other than tobacco, mint and menthol. The changes seek would protect kids by having all flavored ENDS products (other than tobacco, mint and menthol flavors or non- flavored products) sold in age-restricted, in-person locations and, if sold online, under heightened practices for age verification. These changes will not include mint- and menthol-flavored ENDS. This reflects a careful balancing of public health considerations. Among all ENDS users, data suggests that mint- and menthol-flavored ENDS are more popular with adults than with kids. One nationally representative survey showed that, among ENDS users aged 12-17 years old, 20 percent used mint- and menthol-flavored ENDS while, among adult ENDS users, 41 percent used mint- and menthol-flavored ENDS. Any approach to mint- and menthol-flavored ENDS must acknowledge the possibility that the availability of these flavors in ENDS may be important to adult smokers seeking to transition away from cigarettes. Moreover, I recognize that combustible cigarettes are still sold in menthol flavor, including in convenience stores. I don't want to create a situation where the combustible products have features that make them more attractive than the non-combustible products. Or a situation where those who currently use menthol- flavored cigarettes might find it less attractive to switch completely to an e-cigarette. This is a difficult compromise that I'm trying to strike, recognizing the public health risk posed by cigarettes still being available in menthol flavor. But at the same time, I'm deeply concerned about the availability of menthol-flavored cigarettes. I believe these menthol-flavored products represent one of the most common and pernicious routes by which kids initiate on combustible cigarettes. The menthol serves to mask some of the unattractive features of smoking that might otherwise discourage a child from smoking. Moreover, I believe that menthol products disproportionately and adversely affect underserved communities. And as a matter of public health, they exacerbate troubling disparities in health related to race and socioeconomic status that are a major concern of mine. Although I'm not proposing revisions to the compliance policy for the mint- and menthol flavors in e-cigarettes at this time, we need to address the impact that menthol in cigarettes has on the public health. I'm also aware that there are potentially important distinctions even between mint- and menthol-flavored e-cigarette products. I'm particularly concerned about mint-flavored products, based on evidence showing its relative popularity, compared to menthol, among kids. So, I want to be clear that, in light of these concerns, if evidence shows that kids' use of mint or menthol e-cigarettes isn't declining, I'll revisit this aspect of the current compliance policy. In addition, I'm directing CTP to revisit the compliance policy for all flavored ENDS products (other than tobacco, mint and menthol flavors or non-flavored products) that are sold online without additional, heightened age- verification and other restrictions in place. As part of that effort, I'm directing CTP to publish additional information regarding best practices for online sales. My aim is to have these best practices available soon, so sites can quickly adopt them to help prevent youth access to these flavored products. Of course, no tobacco products, including non- flavored ENDS products or those with tobacco, mint and menthol flavors, should be sold to kids. For this reason we'll continue to enforce the law whenever we see online sales of these products to minors and will closely monitor online sales of mint and menthol ENDS products. If youth trends don't move in the right direction, we will revisit all of these issues. I hope I'll soon see manufacturers of ENDS products preparing, with the FDA input as appropriate, premarket tobacco product applications (PMTAs) to demonstrate that their products meet the public health standard in the Tobacco Control Act. In the coming months, CTP plans to issue additional policies and procedures to further make sure that the process for reviewing these applications is efficient, science-based and transparent. We'll also explore how to create a process to accelerate the development and review of products with features that can make it far less likely that kids can access an e-cigarette. Other considerations of our policy framework would apply to traditional forms of combustible tobacco products. I noted that the popularity of menthol cigarettes with youth is especially troubling. In fact, youth smokers are more likely to use menthol cigarettes than any other age group. More than half(54 percent) of youth smokers ages 12-17 use menthol cigarettes, compared to less than one-third of smokers ages 35 and older. Prevalence of menthol use is even higher among African-American youth, with data showing that seven out of 10 African-American youth smokers select menthol cigarettes. And, unlike menthol-flavored ENDS, there's no evidence to suggest that menthol-flavored cigarettes may play a role in harm reduction for adult smokers. We will advance a Notice of Proposed Rulemaking that would seek to ban menthol in combustible tobacco products, including cigarettes and cigars, informed by the comments on our Advanced Notice of Proposed Rulemakin ANPRM _ htt s://www.federaire ister. ov/documents/2018/03/21/2018-05655/re uiation-of- .....................................9-. ...........................)...�.—P............................................................................................................................................................................................................................. ..................................... flavors-in-tobacco-products). Finally, to ensure that we're taking a comprehensive approach, we must evaluate our regulatory approach to flavored cigars. Flavors are added to cigars and other tobacco products for various reasons, such as reducing the harshness, bitterness and astringency of tobacco products during inhalation and to soothe irritation during use. Research shows that, compared to adults (25 or older) who smoke cigars, a higher proportion of youth who smoke cigars use flavored cigars. These data also indicate that eliminating flavors from cigars would likely help prevent cigar initiation by young people. Accordingly, I am also outlining policy goals to address the presence of flavors in cigars— including those that were subject to the compliance policy for newly deemed products, and those that were "grandfathered." Specifically, I propose a policy through appropriate means to ban flavors in cigars. The bottom line is that these efforts to address flavors and protect youth would dramatically impact the ability of American kids to access tobacco products that we know are both appealing and addicting. This policy framework reflects a re-doubling of the FDA's efforts to protect kids from all nicotine-containing products. They also reflect a very careful public health balance that we're trying to achieve. A balance between closing the on-ramp for kids to become addicted to nicotine through combustible and non-combustible products, while maintaining access to potentially less harmful forms of nicotine delivery through ENDS for adult smokers seeking to transition away from combustible tobacco products. This policy framework is an important step toward reversing the epidemic that is underway and that is confirmed by the data from the NYTS. I could take more aggressive steps. I could propose eliminating any application enforcement discretion to any currently marketed ENDS product, which would result in the removal of ALL such products from the marketplace. At this time, I am not proposing this route, as I don't want to foreclose opportunities for currently addicted adult smokers. But make no mistake. If the policy changes that we have outlined don't reverse this epidemic, and if the manufacturers don't do their part to help advance this cause, I'll explore additional actions. We've already seen some positive steps announced voluntarily by manufacturers. Responsible manufacturers certainly don't need to wait for the FDA to finalize these policies to act. They can stop certain marketing and sales practices —the ones we believe are part of the youth access and youth appeal problem — right now. We hope that within the next 90 days, manufacturers will choose to remove flavored ENDS products from stores where kids can access them and from online sites that do not have sufficiently robust age-verification procedures. The FDA continues to take aggressive action to protect the public health, especially among kids at risk of nicotine addiction and tobacco use. As part of our Comprehensive Plan ............................ (/Tobacco Products/News Eve nts/ucm568425.htm�, in addition to issuing the ANPRMs to hear the public's input ............................................................................ . .. . . . on the role of flavors in tobacco products, and on cigars, we also issued an ANPRM on lowering nicotine in cigarettes. We have expedited the review of many of the comments, and spent hours, days and months taking close consideration of the questions raised and evidence presented by the public and various stakeholders. This policy framework reflects the FDA's consideration of available data and information to get the most complete picture possible of the causes of the epidemic rise in youth use of ENDS. We'll continue to base our actions on the best available science. And when it comes to protecting our youth, we'll continue to actively pursue a wide range of prevention and enforcement actions. We'll leave no stone unturned. This is one of our highest priorities. The tobacco marketplace has changed dramatically in the past year when it comes to youth use of ENDS. And the vision for public health achievements from reduced use of combustible products and reduced nicotine addiction is at risk. But with implementation of the forceful and far-reaching actions that are outlined today, and with the commitment of tobacco manufacturers to take additional, voluntary actions to reduce youth access to their products, we can reverse these trends. As I said after becoming Commissioner, I can think of no more impactful action the FDA could possibly take on my watch to help American families. Here are additional details regarding the policy framework that I seek to advance: 1. Flavored ENDS products that are not sold in an age-restricted, in-person location. • Have all flavored ENDS products (other than tobacco, mint and menthol flavors or non-flavored products) sold in age-restricted, in-person locations. All ENDS products, including e-liquids, cartridge-based systems and cigalikes, in flavors except tobacco, mint and menthol, would be included. For instance, the proposed policy would apply to flavors such as cherry, vanilla, creme, tropical, melon and others. • To advance this goal, the FDA is revisiting the compliance policy on PMTA authorization for such flavored products sold in physical locations where people under the age of 18 are permitted. • The FDA is not revisiting the compliance policy with respect to ENDS products sold exclusively in age- restricted locations—for instance, a stand-alone tobacco retailer (such as a vape shop) that adequately prevents persons under the age of 18 from entering the store at any time; or, a section of an establishment that adequately prevents entry of persons under the age of 18 and the flavored ENDS products are not visible or accessible to persons under the age of 18 at any time. • At this time, ENDS products with tobacco, mint or menthol flavors, as well as any non-flavored ENDS products, sold in any location, would not be included in any policy revisions. This distinction among flavors seeks to maintain access for adult users of these products, including adults who live in rural areas and may not have access to an age-restricted location, while evidence of their impacts continues to develop. It also recognizes that combustible cigarettes are currently available in menthol in retail locations that are not age- restricted. This approach is informed by the potential public health benefit for adult cigarette smokers who may use these ENDS products as part of a transition away from smoking. • The FDA, however, will not ignore data regarding the popularity of mint- and menthol-flavored ENDS among kids. We will continue to use all available surveillance resources to monitor the rates and use patterns among youth and adults for these products, and we will reconsider our policies with respect to these products, if appropriate. 2. Flavored ENDS products (other than tobacco, mint and menthol flavors or non-flavored products) that are sold online. • In addition, we will seek to curtail the sale of applicable flavored ENDS products that are sold online without heightened age verification processes. • The FDA will be working to identify these heightened measures for age verification and other restrictions to prevent youth access via online sales. These best practices would be available soon, so sites can quickly adopt them. • Because no tobacco products should be sold to kids (including non-flavored ENDS products or those with tobacco, mint and menthol flavors), the FDA will continue to enforce the law whenever we see online sales of these products to minors and will closely monitor online sales of mint and menthol ENDS products. 3. Flavored cigars. • Research shows that, compared to adults (25 or older) who smoke cigars, a higher proportion of youth who smoke cigars use flavored cigars. This data also indicates that eliminating flavors from cigars would likely help prevent cigar initiation by young people. • Given these public health concerns, I believe flavored cigars should no longer be subject to the extended compliance date for premarket authorization — regardless of the location in which the products are sold. • The FDA's proposal to revisit the compliance policy for flavored cigars that are new tobacco products does not apply to the entire product category, as some products were considered "grandfathered." Accordingly, the FDA intends to propose a product standard that would ban flavors in all cigars. • In July, the comment period for our ANPRM on flavors in tobacco p p .. products htt s://www.federaire ister. ov/documents/2018/03/21/2018-05655/re ulation-of-flavors-in-tobacco- .— ............................................................. .................. ............................................................................................................................................ ....................................................................................................... products closed. The FDA has expedited review and analysis of these comments, and we intend to proceed with developing a proposed regulation. As included in the most recent Unified Agenda, the FDA intends to prioritize the issuance of this proposed rule. 4. ENDS products that are marketed to kids. o The FDA will pursue the removal from the market of those ENDS products that are marketed to children and/or appealing to youth. This could include using popular children's cartoon or animated characters, or names of products favored by kids like brands of candy or soda. 5. Menthol in combustible tobacco products. • Informed by the comments from our ANPRM, the FDA will advance a Notice of Proposed Rulemaking that would seek to ban menthol in combustible tobacco products, including cigarettes and cigars. • The FDA started this process several years ago with an ANPRM. That ANPRM issued alongside the FDA's preliminary scientific evaluation, which suggested menthol use is likely associated with increased smoking initiation by youth and young adults. • Now, armed with the additional years of data, comments from the public— and with the perspective of our Comprehensive Plan and its implementation —the FDA will accelerate the proposed rulemaking process to ensure that our policies on flavored tobacco products protect public health across the continuum of risk. The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency also is responsible for the safety and security of our nation's food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products. Inquiries Media E2 Michael Felberbaum (mai Ito:michael.felberbaum@fda.hhs.gov) t. 240-402-9548 Consumers C. 888-INFO-FDA Follow FDA y Follow @US FDA(https://twitter.com/US FDA)J (/AboutFDA/AboutThisWebsite/WebsitePolicies/Disclaimers/default.htm) Follow FDA(https://www.facebook.com/FDA)-' (/AboutFDA/AboutThisWebsite/WebsitePolicies/Disclaimers/default.htm) y Follow @FDAmedia (https://twitter.com/FDAMedia)_' (/AboutFDA/AboutThisWebsite/WebsitePolicies/Disclaimers/default.htm) More in Press Announcements (/News Eve nts/Newsroom/PressAnnouncements/defau It.htm) 2017 (/NewsEvents/Newsroom/PressAnnouncements/2017/default.htm) 2016 (/NewsEvents/Newsroom/PressAnnouncements/2016/default.htm) Date: November 30, 2018 Report No. 2018-175 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: The Parks and Recreation Department's (PARD) Parents' Night Out Program. BACKGROUND: During the November 27, 2018, City Council Meeting, a request was made for information regarding PARD programming that provided activities for children and allow parents / guardians a night out. PARD currently offers two programs designed to entertain children and give parents/ guardians personal time. Kids Rock, Grades 1-5 Kids Rock is offered once a month at the Denton Civic Center. Kids enjoy a night of fun activities while parents/guardians can enjoy a night out. Experienced staff plan each event around a unique theme. Play stations are created that include games and activities,mini-sports tournaments,unique inflatable fun, ping-pong, and video games on a large screen. A DJ and dance contests are also a part of the fun. Concessions are sold at the event to provide dinner or a snack. Registrations can be made in advance or on-site the night of the event. Upcoming Dates: December 7, 2018, January 11, March 1, April 5, May 3, 2019 7:00-10:30 p.m. Denton Civic Center $10 per child King's Tot Drop,Ages 3-6 To accommodate families with smaller children, King's Tot Drop is offered every first and third Saturday of the month.Parents/guardians can take some personal time while PARD staff provides fun, supervised activities. Families must bring a snack and/or a lunch. Children must be potty- trained to attend. 9:30 a.m. - 1:30 p.m. MLK Jr. Rec Center $10 per Saturday Staff continuously evaluates and surveys citizens for programing feedback and additional ideas. Kids Rock and King's Tot Drop are both popular programs that provide recreational activities for kids and provide a valued service to families. STAFF CONTACT: Caroline Seward Program Area Manager, Parks and Recreation (940) 349-8271 Caroline.Seward&cityofdenton.com Council Meeting Revision Date Requests for Information 11/30/2018 Request Request Date Staff Responsible Status Requested By Wor session on permitting options to incentivize affordable housing including a survey of practices from A progress update will be provided during the December 18 1 other municipalities. 6/26/2018 Kuechler work session. Armintor Develop a strategic plan for homeless shelters in Denton (current environment,capacity,need,emergency 2 circumstances,best practices,family shelter options). 7/17/2018 Kuechler A work session is planned for December 18. Armintor/Briggs/Meltzer 3 Overview of the Homestead Exemption process. 7/17/2018 Puente/Langley A work session is scheduled for December 4. Armintor Update on marketing/advertising policy and naming 4 opportunities at City facilities. 8/2/2018 Langley/Packan A work session is planned for January 8. Hudspeth Information on providing additional options for 5 broadband service aside from current service providers. 9/25/2018 Birdseye/Collister ISR will be provided in the December 7 Friday report. Briggs Information and recommendations on Denton's Smart 6 City initiatives. 10/9/2018 Kraft/Wood Information will be provided in the December 7 Friday report.Briggs/Meltzer Information comparing Single Room Occupancy code designation to Multi-Family developments,discussing potential code requirements for visitor parking,and ISR is included in the October 12 Friday report.A work 7 overview of potential impact to historic districts. 10/9/2018 MCDonald/Cannone session is scheduled for December 4. Duff/Armintor Information was included in the November 21 staff report.A Strategy for addressing telecommunications and utility detailed ISR will be provided in a future Friday report.A 8 lines along Dallas Drive including pricing and timing. 10/16/2018 Canizares/Morrow/Estes work session is scheduled for February 5. Briggs Review of the City's agreement with the Denton Housing 9 Authority. 10/16/2018 Kuechler/Reinwand/Leal Information will be provided in a future Friday report. Briggs Information is included in the November 30 Friday report. Staff report on bike lane parking violations and Staff will provide additional updates once a formal enforcement and outreach methods to improve recommendation for traffic delineation options has been 10 compliance. 11/6/2018 Oliphant/Deshmukh identified. Meltzer/Armintor Information on landfill expansion including an overview of options considered and any potential alternatives to 11 our current plan. 11/6/2018 Cox ISR is included in the November 30 Friday report. Armintor Staff report on how water and waste water fees have been used over the past 5-10 years by project,including the 12 amount collected and how the projects are tracked. 11/13/2018 BanksNincent Information will be provided in the December 7 report. Armintor/Watts Ensure the tree fund is not used to fund employee salaries,charge the mitigation fee at actual cost,and post the Tree Code update on the City's website including a 13 place for citizen comments. 11/13/2018 Packan/Cannone lInformation will be provided in the December 7 report. 113riggs Council Meeting Revision Date Requests for Information 11/30/2018 Request Request Date Staff Responsible Status Requested By A status update is provided in the November 30 Friday Provide information on how quickly staff can proceed report.Staff will provide updates in December once a project 14 with installing windows at City Hall West. 11/13/2018 Canizares/Hartley timeline has been established. Hudspeth Information on staffs ability use utility information to notify residents within 200'and 500'of a proposed 15 development in addition to using DCAD data. 11/13/2018 McDonald/Leal Information will be provided in the December 7 Friday report.Ryan As the Park 7 project is being constructed,ensure the sidewalks adjacent to the project match in width and condition.Provide information on the feasibility of a 16 crossing at Normal and Oak Street. 11/13/2018 Deshmukh/Estes/Kremer Information is provided in the November 30 Friday report. Hudspeth Provide information on safety concerns with the Wells Fargo Parking Garage and confirm if there are similar 17 concerns with the proposed garage at Park 7. 11/13/2018 McDonald/Cannon Information will be provided in a future Friday report. Briggs Information on alternative strategies to promote high-tech 18 entrepreneurship. 11/13/2018 Booth Information will be provided in a future Friday report. Meltzer Staff report on the City's current boring technology and if using more modem technology would be more efficient 19 and/or less expensive. 11/13/2018 Estes Information will be provided in a future Friday report. Briggs Staff report on establishing a sobering center in Denton similar to the ones recently opened in San Antonio, 20 Houston,and Austin. 11/13/2018 Dixon/Kuechler/Wood Information will be provided in a future Friday report. Armintor Staff report on the potential establishment of a citizens' Information will be provided in the December 14 Friday 21 tenant committee to advocate for renter rights. 11/13/2018 Lahart/McDonald report. Armintor Information on a potential program to incentivize residents to use doorbell monitoring technology to assist Information will be provided in the December 14 Friday 22 with public safety. 11/13/2018 Dixon/Padgett/Wood report. Hudspeth Information on the percentage of waste contributed from non-City of Denton residents at the landfill including a cost estimate related to contamination coming from other 23 municipalities. 11/27/2018 Cox ISR is included in the November 30 Friday report. Briggs 24 Consider amending the Fire Code to allow firepits. 11/27/2018 Hedges/Lahart Information will be provided in the December 7 Friday report.Briggs Information on the potential creation of a small business 25 or corridor reinvestment grant program. 11/27/2018 Booth Information will be provided in a future Friday report. Briggs Staff report on allowing horses and horse drawn carriages 26 on City of Denton streets. 11/27/2018 Birdseye Information is provided in the November 30 Friday report. Ryan Information on programs conducted by other municipalities to help persons experiencing homelessness 27 obtain photo IDs. 11/27/2018 Kuechler Information will be provided in a future Friday report. Armintor Staff report on the recent resolution passed by the City of 28 Dallas to establish itself as a Welcoming City. 11/27/2018 Birdseye Information will be provided in a future Friday report. Armintor 29 Provide an update on the street failure issue. 11/27/2018 Estes Information will be provided in a future Friday report. Meltzer Council Meeting Revision Date Requests for Information 11/30/2018 Request Request Date Staff Responsible Status Requested By Information on the feasibility of creating a"parents'night 30 out"at City recreation centers. 11/27/2018 Packan ISR is included in the November 30 Friday report. Hudspeth ISR on regional transportation efforts that are being 31 coordinated by NCTCOG. 11/27/2018 Canizares Information will be provided in a future Friday report. Hudspeth Other Council Information Requests 11/28/2018 Request Request Date Staff Responsible Status Requested By Request Source 1 Staff Report on commercial food diversion programs. 6/4/2018 Cox Information will be provided in a future Friday report. Briggs Committee on the Environment Information on the potential benefits of air quality 2 monitors in Denton. 9/17/2018 Barnett Information will be provided in a future Friday report. Meltzer Committee on the Environment Information on recent ordinance passed in San Antonio that raised the tobacco purchase age to 19 and discuss the 3 feasibility of implementing a similar ordinance in Denton. 11/3/2018 Birdseye/Kuechler/Collister Information is provided in the November 30 Friday report. Meltzer Email from CM Meltzer Information on consultant recommendations for recycling 4 and bulk items. 11/5/2018 Cox Information will be provided in a future Friday report. Meltzer Committee on the Environment Staff report on rental property inspections including practices to address faulty roofs and mold and information on how other cities ensure compliance with the Tenant Information will be provided in the December 14 Friday 5 Bill of Rights. 11/6/2018 Lahart/McDonald report. Armintor Email from CM Armintor Information on the percentage of waste at the landfill coming from other jurisdictions and the fees paid by other 6 jurisdictions to use the landfill. 11/12/2018 Cox ISR is provided in the November 30 staff report. Armintor Email from CM Armintor Coordinate with TxDOT on Teasley and Pennsylvania to Information was provided in the November 16 Friday report. reduce speed on portion of Teasley and put a traffic light Updates will be provided following staff s meeting next 7 at the intersection. 11/12/2018 Deshmukh/Estes week with TxDOT. Armintor Email from CM Armintor Develop a comprehensive housing inventory of transitional and permanent supportive housing units in the Staff is working on this project and will provide updates as 8 city and perform a needs assessment. 11/13/2018 Kuechler it progresses. Armintor Email from CM Armintor Analysis of major projects that were approved under the current Denton Development Code(DDC)that would not be acceptable under the proposed DDC and major projects that were denied under the current DDC that would be 9 permissible under the proposed DDC. I 11/13/2018 McDonald I Information will be provided in a future Friday report. Meltzer Email from CM Meltzer Other Council Information Requests 11/28/2018 Request Request Date Staff Responsible Status Requested By Request Source Feedback from resident meeting regarding pedestrian safety concerns along and near Hickory Street. Solutions discussed included: -Need for additional lighting,preferably LED. -Change timing of light signals so that pedestrians have time to enter crosswalk prior to vehicles turning. -Paint crosswalks a brighter color or pattern. -Consider bump out corners and/or a roundabout. Other comments: -Mulberry and Avenue A:stop sign was removed and needs to be replaced,intersection is dark. -Mulberry and Carroll:Need new light with longer walk signal. -Consider in-ground temporary barriers to close off the square and/or Fry street to provide protection for event Information will be provided in the December 7 Friday 10 attendees. 11/19/2018 Oliphant/Deshmukh/Estes report. Briggs Email from CM Briggs following 11/19 meeting Breakdown of gas well revenue from 2002-2017 and how Information will be provided in the December 7 Friday 11 that funding was used. 11/21/2018 Puente/Packan report. Briggs Email from CM Briggs Provide the date for each landfill permit-related expense highlighted in Table 1 of ISR 2018-155(Landfill 12 Expansion Permitting Process from Oct.26) 11/26/2018 Cox Information will be provided in a future Friday report. Armintor Email from CM Armintor Information on the number of comments received about 13 the proposed Conservation and Landscape Standards. 11/26/2018 Cannone Information is provided in the November 30 Friday report. Briggs Email from CM Briggs Explanation of why Clara's Kitchen is zoned residential despite being a commercial property for several years. Provide information on the steps and an estimated timeline of the rezoning process to change the property's 14 designation. 11/26/2018 Menguita/Cannone/McDonald Information is provided in the November 30 Friday report. Armintor Email from CM Armintor Staff report on strategies used by other cities to address landfill price adjustements,compost collection,and multi- 15 family recycling. 11/28/2018 Cox Information will be provided in a future Friday report. Meltzer Email from CM Meltzer Provide a status update on improvements intended to improve traffic safety in the University Park Information will be provided in the December 7 Friday 16 neighborhood. 11/28/2018 Deshmukh report. Briggs Email from CM Briggs A status update is provided in the November 30 Friday Information on Zoning concerns for a proposed batch plan report.Staff will provide additional information as their 17 off of Roselawn Drive. 11/29/2018 Cannone/McDonald research progresses. Briggs Email from CM Briggs Other Council Information Requests 11/28/2018 Request Request Date Staff Responsible Status Requested By Request Source Information on the Fireside Park development including efforts to ensure pedestrian safety and maintain the 11/26/2018 Information is provided in the November 30 Friday report.A 18 character of the neighborhood. & 11/28/2018 Cannone/Canizares public meeting is scheduled for December 12. Briggs/Watts Email from CM Briggs and email from Mayor Watts Cityof Denton City Hall 215 E. McKinney St. Denton,Texas 76201 www.cityofdenton.com DENTON Meeting Agenda City Council Tuesday, December 11,2018 2:00 PM Work Session Room After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, December 11, 2018 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. 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 the agenda for December 11, 2018. 3. Work Session Reports A. ID 18-1670 Receive a report, hold a discussion, and give staff direction regarding the update to the Historic Preservation Plan and hear a presentation from the Lakota Group. B. ID 18-2004 Receive a report, hold a discussion, and give staff direction regarding an economic development incentive application from Tyson Sales and Distribution. C. ID 18-1990 Receive a report, hold a discussion, and give staff direction on creation of The Denton Square District, with associated draft Design Standards and Guidelines, procedures and review body. D. ID 18-2083 Receive a report and hold a discussion regarding the University of North Texas Athletic Facilities Master Plan. 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: A. ID 18-2059 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; and Consultation with Attorneys - Under Texas Government Code Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the Alexander Hill Survey, Abstract No. 623, Denton County, Texas, generally located in the 800 block of Eagle Drive, a 1.665 acre tract situated at the southeast corner of the Bernard Street / Eagle Page I Printed on 1113012018 City Council Meeting Agenda December 11, 2018 Drive intersection, City of Denton, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property described above 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. (Eagle Electric Substation) 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 ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §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 TEX. GOV'T. CODE, §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 §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Following the completion of the Closed Meeting, the City Council will convene in a Special Called Meeting to consider the following items: 1. CONSENT AGENDA Each of these items is recommended by the 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 — F). 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, Consent Agenda Items A — F below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. ID 18-1520 Consider adoption of an ordinance of the City of Denton, Texas delegating authority to the City Manager and/or their designee to process billing adjustments, including penalties and interest,on utility and miscellaneous bills; and providing an effective date. B. ID 18-1757 Consider adoption of an ordinance of the City of Denton, amending Ordinance No. 2018-004 to prescribe updated titles and number of positions for certain classifications of Police Department personnel; providing repealer, cumulative, and severability clauses; and declaring an effective date. C. ID 18-2042 Consider approval of the minutes of November 5, November 6, and November 13, 2018. D. ID 18-2076 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule Page 2 Printed on 1113012018 City Council Meeting Agenda December 11, 2018 municipal corporation, authorizing the approval of a third amendment to a Professional Services Agreement between the City of Denton and Nelson + Morgan Architects, Inc., amending the contract approved by Purchasing Staff on February 13, 2014, in the not-to-exceed amount of $24,840, amended by Amendments 1-2 approved by Purchasing staff and Council, said third amendment to provide additional design services of 12 service bays at Fleet Maintenance in the amount of $139,871.88; providing for the expenditure of funds therefor; and providing an effective date (File 5497 - providing for an additional third amendment expenditure amount not-to-exceed $139,871.88, with the total contract amount not-to-exceed$342,819.97). E. ID 18-2085 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract through The Interlocal Purchasing System (TIPS) Cooperative Program Contract # 2092415 for the replacement of the roof at 1001 South Mayhill and City Hall; providing for the expenditure of funds therefor; and providing an effective date (File 6908 - awarded to Roof Management Services,Inc.,the amount of$665,640). F. ID 18-2103 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to the Professional Services Agreement between the City of Denton and Modern Geosciences, LLC, for the inspection of oil and gas facilities for the City of Denton, amending the contract approved by City Council on October 24, 2017, in the not-to-exceed amount of $250,000; providing for the expenditure of funds therefor; and providing an effective date (File 6615 - providing for an additional expenditure amount not-to-exceed $250,000, for a total contract amount not-to-exceed$500,000). 2. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 18-2028 Consider adoption of an ordinance of the City Council of the City of Denton, Texas, establishing a governance process for the City Auditor's Department for the purpose of defining the City Auditor's authority and responsibilities; providing for a repealer; providing for a severability clause; and providing for an effective date. B. ID 18-2072 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract for the Supply of Underground Distribution Cables and Substation Control Cables for the City of Denton Distribution Center; providing for the expenditure of funds therefor; and providing an effective date (RFP 6842 - awarded to the lowest responsive bidder for each line item, Techline, Inc., in the five (5) year not-to-exceed amount of $18,000,000 and Stuart C. Irby Company, in the five (5) year not-to-exceed amount of $1,400,000, in a total not-to-exceed amount of$19,400,000). 3. CONCLUDING ITEMS Page 3 Printed on 1113012018 City Council Meeting Agenda December 11,2018 A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics,above posted. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas,on the day of ,2018 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 4 Printed on 1113012018 wmm::�I December 2018 Sunday Monday Tuesday Wednesday 71hursday Friday Saturday 1 2 3 4 5 6 7 8 11:30 am Council Cancelled 10:00 am 4 p.m. Public Art Luncheon Audit/Finance 5:00pm Board of Committee 11:00 Development 1:30pm Committee on Committee Ethics Code Review the Environment 5:30pm Traffic Safety 10:30am Committee on Commission Citizen Engagement 6 pm Park Board 9 10 11 12 13 14 15 9:00am Public Utilities 11:00am Mobility 11:00am EDP Board Board Committee 5:30pm HLC 2:00pm 2nd Tuesday 5:00pm P&ZWork Session Se ssio n 6:30pm P&ZRegular Se ssio n 16 17 18 19 20 21 22 4:00 pm ZBA 2:00 pm CC Work HaBSCo Meeting Session 6:30 pm CC Regular Session 23 24 25 26 27 29 29 Christmas Eve - No Council Meeting City Holiday Christmas Day - City Holiday 30 31 11/30/2018 1:55 PM January 2019 1 2 3 4 5 No C o un c it Me a tin g 4:OOpm Public At Coru nittee 6 7 8 9 10 11 12 11:30 am Council �1:00am Mobility 11:00amEDP Luncheon Committee 1:30pm Committee on the 2:00pm CC Work Session 5:OOpmP&Z Work Session Environment 6:30 pm CC Regular 6:30pm P&Z Regular Sess ion Session 13 14 15 16 17 18 19 9:00am Public Utilities 2:00pm CC Work Session 4:00pmHaBSCoMV eting Board 6:30 pm CC Regular Session 5:3Opm HLC 20 21 22 23 24 25 26 No Council Meeting 11:OOamTIF Board(fIRZ#1) 5:00pm P&Z Work Session 6:30pm P&ZRegular Session 27 28 29 30 31 6:00pm Public Utilities No Council Meeting Bo a rd 4:OOpm ZBA Future Work Session Items 11/30/2018 Meeting Date Currently Slated Work Session Items DCTA Board of Directors Customer Service 3-Dec Lunch Audit Governance Appointment Audit Homestead 380 Lighting 4-Dec Exemption Options SRO/Multi-Family Recommendations Historic Preservation Downtown Design UNTAthletic Facility 11-Dec Tyson Development Master Plan Standards Master Plan 18-Dec BMR/Rubble North Lakes Dog Processing Business Strategic Plan for Affordable housing 11am Start Time Park Case Analysis Homeless Shelters incentives 8am start time for Block for Municipal Library Annual Citywide Strategic Municipal Judge 7-Jan Lunch Judge interviews Report Plan Update interviews Update on DME Risk American Legion Marketing/Naming Landfill Expansion 8-Jan Management Policy Floodplain CRS Hall Policy Permitting Process Right-of-Way Work Session Special Event Recycling Business 15-Jan Ordinance Strategy Session Ordinance Update Case Analysis Cultural District City Hall East Facility Location will be City 4-Feb Lunch Animal Shelter* Plan for PD Tennis Center Hall East/Police HQ Solid Waste Mid- Housing Tax Credit 1001 Mayhill Facility Dallas/Teasley 5-Feb Year Budget Review Applications Mews Streets Improvements Telecom Poles Home Chemical Collection Business Employee Ethics New Market Tax 12-Feb Fire Diversity Case Analysis Patrick Park Policy Credits 19-FeH Meeting cancelled due to Denton County Days in Austin Smoking Ordinance Overview/ IOOF Cemetery Work Session E-Cigarette Fence 26-Feb Strategy Session Airport Governance Enforcement Improvements 4-Mar Lunch Purchasing Manual DEC Noise Bonnie Brae and 5-Mar Update Mitigation Scripture Tract Enhanced Leachate Recirculation Yard Waste Credit and South Lakes Park Business Case Collection Business Solid Waste Rate Collections Study Date TBD Parking Lot Analysis Case Analysis Discussion (tentatively Mar.26) Scheduled from 10/23 Work Session New staff request Top 5 from 11/27 Work Session *Will include overview of Fel-V and FIV testing Construction Projects Report I Week of December 3-9,2018 1J 1 I OVIN 1OF1 TI' � DENTONFor general inquiries and questions,please contact the Project Management Office at(940)349-7227DENTC Proposed Date Proposed Date Other Department Updated Information/ Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes CURRENT PROJECTS See Yellow Highlighted for Ma'or Closures Ave.A Maple Eagle 3/19/18 2/28/19 LINT 2018 Residence Hall Project Engineering N/A Coordinate with (940)349-8910 (Both SB Lanes Closed) LINT Ave.C Hickory Mulberry 9/24/18 1/2/19 LINT Monument Wall Public WorksUNT Project (940)349-8905 (Road Closure) Inspections Bonnie Brae St. Roselawn North of 7/1/2017 7/1/2019 Street Widening Engineering 6/14/18 (940)349-8910 Vintage (Phase 1) Londonderry Street Improvements Camden Ct. Londonderry Dead End 10/1/18 1/18/19 Phase II of III Streets 9/24/18 (940)349-7160 (Street Closure) Transmission Distribution Collins St. Eagle Locust 11/26/18 12/7/18 Improvements DIME N/A (940)349-8700 (Street Closure) Dallas Dr. Intersection of Teasley 11/12/18 2/22/19 Turn Lane Upgrade Streets 11/5/18 (940)349-7160 (Temporary Lane Closure) Eagle Dr. Elm Carroll 12/3/18 5/31/19 Drainage Improvements Engineering (940)349-8910 New Project (Street Closure) Box Culvert Installation Part of Eagle Completion extended from Elm St. Eagle Maple 10/22/18 1/31/19 Engineering 10/11/18 Communications,visited (940)349-8910 12/11/18 (Temporary Lane Closures) businesses on 10/11 City of FM 2181 Denton/Corinth Lillian Miller 7/11/17 2/1/20 Street Widening TxDOT TxDOT (940)-387-1414 City limits Fulton St. Oak Broadway 6/7/18 12/7/18 Water Main Construction Water 6/5/18 (940)349-7167 (Street Closure) Hickory St. Ave C Ave B 9/24/18 1/2/19 Phase III Street Reconstruction Streets 9/12/18 (940)349-7160 (Street Closure) Page 1 of 5 Proposed Date Proposed Date Other Department Updated Information/ Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes Wastewater Improvements Nextdoor Kendoph Ln. Underwood Willowwood 11/26/18 1/31/19 (Daily Street Closure will re-open end Wastewater N/A Notification, (940)349-7300 of each day) Door Hanger Dead End Street Reconstruction Nextdoor Kendoph Ln. Willowwood South 11/26/18 12/3/18 (Street Closure) Streets N/A Notification, (940)349-7160 Londonderry Street Improvements Kingswood Ct. Londonderry Dead End 10/1/18 1/18/19 Phase II of III Streets 9/24/18 (940)349-7160 Street Closure Lakeview Blvd. Draught Horse 801 Lakeview 11/26/18 12/21/18 Street Panel Repair Streets 11/14/18 (940)349-7160 (Temporary Lane Closure) Londonderry Street Improvements Londonderry Ln. Teasley Hollyhill 11/12/18 1/18/19 Phase III of III Streets 9/25/18 (940)349-7160 Street Closure Londonderry Ln. Westminster Hollyhill 11/5/18 12/13/18 Water/Wastewater ImprovementsWater 9/25/18 (940)349-7167 (Street Closure) Mayhill Rd. Intersection of Gayla 11/26/18 12/10/18 Part of Mayhill Street Widening Engineering (940)349-8910 New Project (Road Closure with Detour) Mayhill Rd. US 380 Edwards 9/1/17 2/1/20 Street Widening Engineering 1/3/18, 1/24/18 Door Hangers (940)349-8910 (Temporary Lane Closures) Manhattan Dr. Yellowstone Shermah 11/26/18 3/29/19 Street Reconstruction Streets 11/14/18 (940)349-7160 (Temporary Lane Closure) Mistywood Ln. Woodhaven Jamestown 11/7/19 1/2/19 Wastewater Main ReconstructionWastewater 8/23/18 (940)349-7300 (Temporary Lane Closures) Parking Garage Construction Mulberry St. Bell Industrial 10/15/18 12/10/18 Contractor Building N/A Outside Contractor (940)349-8360 Completion extended from (Street Closure) Inspections 11/23/18 Myrtle St. Eagle Maple 9/4/18 5/31/19 Eagle Drainage Improvements Engineering 8/21/18 Contacted DCTA (940)349-8910 (Street Closure) Oak St. North Texas Thomas Engineering 12 3 18 12 14 18 Sidewalk Improvements En / / / / (Temporary Outside Lane Closure) g g (940)349-8930 New Project Paisley St. Frame Ruddell 10/15/18 1/25/19 Street Reconstruction Streets 10/3/18 (940)349-7160 (Temporary Lane Closures) Palmer Dr. Sherman Peach 11/12/18 12/14/18 Street Resurfacing Streets 11/5/18 (940)349-7160 (Road Closure) Page 2 of 5 Proposed Date Proposed Date Other Department Updated Information/ Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes Pinehurst Ct. Wintercreek Cul de Sac 11/12/18 12/14/18 Sidewalk Repair Streets 11/5/18 (940)349-7160 (Temporary Lane Closures) Prominence Pkw Ma hill Atlanta 1 31 18 12 28 18 Water and Wastewater Crossing Engineering 1 24 18 Door Hangers 940 349-8910 Y• Y / / / / g g / / g ( ) (Road Closure) Rine Rd. N.Elm Solana 9 29 17 12 28 18 Road Removal and Replacement Engineering Yes Electronic Signs 940 349-8910 Y / / / / (Road Closure) g g g ( ) Rockwood Ln. Royal Mistywood 11/26/18 12/21/18 Rockwood Drainage ImprovementsDrainage 11/23/18 (940)349-8488 (Intermitten Street Closure) Royal Ln. Royal Rockwood 11/26/18 12/21/18 Rockwood Drainage ImprovementsDrainage 11/23/18 (940)349-8488 (Intermitten Street Closure) Rambling Street Panel Replacement/Sidewalk Seven Oaks Ln. Brook Glen Falls 11/14/18 12/21/18 Repair Streets 11/7/18 (940)349-7160 (Temporary Lane Closures) Shady Oaks Dr. Teasley Woodrow 12/3/18 12/17/18 Base Repairs Streets Electronic Signs Meet with business (940)349-7160 New Project (Temporary Lane Closure) owners Sierra Dr. Yellowstone Sherman 11/26/18 3/29/19 Street Reconstruction Streets 11/14/18 (940)349-7160 (Temporary Lane Closure) Lowe's Water,Drainage,Road Construction Contacted Spencer Rd. Mayhill Driveway (Road Closure)4/2/18 12/28/18 Water 3/16/2018,9/14 departments (940)349-8910 affected Swan Park Dr. Glen Falls Seven Oaks 11/14/18 12/21/18 Sidewalk Repair/Panel Replacement Streets 11/7/18 (940)349-7160 (Temporary Lane Closures) Street Widening US 377(Ft.Worth Dr.) IH 35E 0.26 mi south of 12/3/18 TBD (Temporary Lane Closures during non- TxDOT 9/25/18 Public Meeting (940)387-1414 New Project FM 1830 peak traffic) 10/8 Walnut St. Locust Austin 10/29/18 12/30/18 Atmos Service Connection Engineering N/A (940)349-8914 (Street Closure) COMPLETED PROJECTS Panel Replacement Contacted Bell Ave. Robertson Sycamore 10/10/18 11/16/18 (Temporary Lane Closures) Streets 9/26/18 Surrounding (940)349-7160 Businesses Page 3 of 5 Proposed Date Proposed Date Other Department Updated Information/ Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes Fairway Dr. Ft.Worth Club View 11/12/18 11/21/18 Street Panel Repair Streets 11/5/18 (940)349-7160 New Completion (Temporary Lan Closure) Jim Christal Rd. Western Blvd Scripture 7/3/18 11/26/18 Utility Line Construction Water/WW N/A Contacted (940)349-8463 (Road Closure) Businesses affected Street Panel Replacement/Sidewalk Saint Clair Dr. Loon Lake Lamprey 10/1/18 11/16/18 Repair Streets Door Hangers (940)349-7160 (Temporary Lane Closures) N.E.Corner Wastewater Reconstruction Construction Teasley Ln. Robinson 10/31/18 11/16/18 Water N/A (940)349-7300 Teasley (Temporary Lane Closures) outside of roadway Inlet Improvements,ADA Ramp Communicated Welch St. Mulberry Chestnut 10/8/18 11/11/18 Installation,Box Culvert Replacement Drainage 10/4/18 (940)349-8488 (Road Closure) with LINT,DCTA UPCOMING PROJECTS Atlas Dr. Redstone Hercules 1/3/19 3/1/19 Wastewater Main ReconstructionWastewater (940)349-7300 (Temporary Lane Closures) Bonnie Brae St. Roselawn 135E 1/15/19 1/15/20 North South Water Main Phase 2Water (940)349-8910 (Temporary Lane Closures) Water Improvements Bowling Green St. Georgetown Auburn 12/10/18 1/18/19 (Daily Street Closure will re-open end Water 11/7/18 (940)349-7167 of each day) Wastewater Main Reconstruction Fulton St. Congress Gregg 2/1/19 3/16/19 Pase I of II Wastewater (940)349-7300 (Temporary Lane Closures) Hettie St. Paisley Davis 5/1/19 TBD Water,Wastewater,and Streets Multiple Hickory Creek Rd. Teasley Riverpass 1/1/19 6/1/20 Street Widening Engineering (940)349-8910 (Temporary Lane Closures) Phase I-Storm Water Improvements Hinkle Dr. University Windsor 1/1/19 1/1/20 (Magnolia Drainage Ph 11 Engineering 11/13/18 (940)349-8910 Temporary Lane Closures) Page 4 of 5 Proposed Date Proposed Date Other Department Updated Information/ Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes Kings Row Yellowstone Sherman 1/1/19 Street Reconstruction Streets (940)349-7160 (Temporary Lane Closure) Laguna Dr. Yellowstone Sherman 1/1/19 Street Reconstruction Streets (940)349-7160 (Temporary Lane Closure) McKinney St. Woodrow lannie 12/10/18 1/11/19 Utility Improvements Engineering (940)349-8910 New Project (Temporary Outside Lane Closure) Mistywood Ln. Rockwood Jamestown 1/3/19 3/5/19 Rockwood Drainage Improvements (940)349-8488 (Intermitten Street Closure) Panhandle St. Carroll Bolivar TBD TBD Street Resurfacing,Curb and Gutter Streets 4/9/18 Door Hangers (940)349-7160 (Temporary Lane Closures) PEC 4-Engineering In Design Installing Underground Box Culvert Engineering 11/13/18 (940)349-8910 Drainage and Roadway Construction Roselawn Dr. Bonnie Brae Kansas City Southern RR TBD TBD (Bonnie Brae Phase 1 Engineering N/A (940)349-8910 One Lane traffic control) Stuart Rd. Windsor Kings Row TBD TBD Concrete Curb and Gutter Repair Streets (940)349-7160 (Temporary Lane Closures) Thomas St. Panhandle Oak 2/1/19 TBD Streets Construction Streets (940)349-7160 Vintage Blvd. US 377 135W 3/1/2019 2021 Street Widening Engineering (940)349-8910 (Bonnie Brae Phase 2) Yellowstone Kings Row Monterey 1/1/2019 Street Reconstruction Streets (940)349-7160 (Temporary Lane Closure) Page 5 of 5