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HomeMy WebLinkAbout113018 Friday Staff Report City Manager’s Office 215 E. McKinney St., Denton, TX 76201  (940) 349-8307 OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service 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. 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 Hearing and Input – 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/18PublicHearing 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@cityofdenton.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/18PublicHearing2. 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://bit.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. Wayfinding Signage 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 Tem 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 FOR IMMEDIATE RELEASE Jessica Rogers  (940) 349-7531  Jessica.Rogers@cityofdenton.com OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 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. FOR IMMEDIATE RELEASE Jessica Rogers  (940) 349-7531  Jessica.Rogers@cityofdenton.com OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 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. 2 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. Date: November 30, 2018 Report No. 2018-173 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. 2018-173 Waste Tonnage by Source FY 2013-14 FY 2014-15 FY 2015-16 FY 2016-17 FY 2017-18 Commercial Collections 70,936 76,553 81,991 83,928 85,349 Residential Collections 22,709 24,081 25,253 26,382 26,502 Landfill – City Department 4,374 7,640 7,895 1,609 5,376 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 Village 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 Settlement 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 th ese 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. 2018-173 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.Cox@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 Antonio1. 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 1 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 u nder 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.birdseye@cityofdenton.com Sarah Kuechler Director of Public Affairs 940-349-8356 sarah.kuechler@cityofdenton.com LEGAL: Stephanie N. Neal Assistant City Attorney 940-349-8333 Stephanie.neal@cityofdenton.com 1 ur County Tobacco 21 Colleen M. Bridger, MPH, PhD Director City Council A Session January 11, 2018 2 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. 2 3 Why Raise the Age? •95% of adult smokers began smoking before they turned 21. 3 •Only 2% of tobacco sold is purchased by 18-20 year olds, but that 2% supplies 90% of the addictive tobacco to younger people. 4 Increasing the Sale Age to 21 A Public Health Solution 4 •Delay age of first tobacco use and reduce risk of becoming regular smoker. •Help keep tobacco out of schools. •Younger teens have harder time passing themselves off as 21. 5 Where is T21 already in place? 5 25% of Americans covered 6 Timeline Dates Activity August 24th 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 timeline: January – Sept. 2018 Educate retailers and community on ordinance and enforcement October 1, 2018 Tobacco sale age raised from 18 to 21 6 7 Local Survey Results 5,447 individuals responded to our Tobacco 21 survey that asked the question: Do you believe that the minimum tobacco sales age should be raised from 18 to 21? 77.5% answered Yes Yes 77.5% No 22.3% Blank 0.2% 7 8 Economic data Concern Response Will this program save lives? Just under 500 San Antonio 18-20 year old lives will be saved each year from implementing T21. Is this program cost effective? The Texas DSHS estimated $406 million saved in health care spending on pre-term birth and low birth weight related expenses alone for statewide implementation. Is this program bad for business? Since implementation in Needham, MA in 2005, no convenience stores have gone out of business. Smokers cost employers almost $6,000 more per year than non smokers. 8 9 Needham Case History 9 10 Concerns Raised at B Session 10 Concern raised in December Addressed by Proposed method of selecting stores for unannounced compliance checks Will use random sampling Enforcement on 18-20 year olds purchase, use and possession Have dropped enforcement on 18-20 year olds; retaining enforcement on retailers 11 Draft Ordinance 11 Age group Tobacco Retailers (sale) Youth (PUP) < 18 years of age State law Violations of sale – misdemeanor, with max. fine of $500. State law Violations of youth PUP – misdemeanor, with max. fine of $250. 18-20 years of age COSA Ordinance Mirror state law, but will raise age restriction to 21 COSA Ordinance No enforcement 12 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 12 13 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. 13 14 Recommendation Staff recommends City Council approve the proposed changes to Chapter 36 of the City Code, titled Smoking 14 15 Thank you. Any Questions? Colleen M. Bridger, MPH, PhD Director 15 Legend Completed In Progress Target Month(s) Jan-18FebruaryMarchAprilMayJuneJulyAugustSeptemberOctober NovemberDecemberJan-19Metro Health Activities Create Metro Health web page to inform community and tobacco retailers on T21 (www.sanantonio.gov/tobacco21) Provide updates on Metro Health's T21 web page Mail T21 letter to San Antonio tobacco retailers regarding passage of Tobacco 21 Ordinance Create T21 Ordinance Fact Sheet for tobacco retailers Distribute T21 Ordinance Fact Sheet to tobacco retailers Create T21 retailer education kit 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) Host T21 Stakeholder Group Meeting A: March 29, 6 PM at Central Library 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 Send out and share invitations for T21 Stakeholder Meetings to the community and tobacco retailers (mail, email, social media, media interviews) Host T21 Stakeholder Meeting 1: August 8, 5:30 PM at Forest Hills Library (West) Host T21 Stakeholder Meeting 2: August 13, 3 PM at Carver Library (East) 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) Present T21 to Greater Bexar County Council of Cities (Includes Mayors of local municipalities) Present T21 to Bexar County Suburban Cities Council (Includes Mayors of local municipalities) Continue T21 outreach to other municipalitiesOther Cities Tobacco 21 (T21) Implementation - As of August 31, 2018 Retailer Education/ OutreachWeb PageRetailer and Community MeetingsPage 1 of 2 Legend Completed In Progress Target Month(s) Jan-18FebruaryMarchAprilMayJuneJulyAugustSeptemberOctober NovemberDecemberJan-19Metro Health Activities Tobacco 21 (T21) Implementation - As of August 31, 2018 Create T21 community education materials Distribute T21 community education materials (schools, universities, colleges, events, military, faith-based, non-profits, social media, online) Create 30 second T21 video for young adults 20 and younger 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 Medical Education and Training Campus, and dependents. Present T21 to JBSA Student Commanders leading the Medical Education and Training at Fort Sam 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 Seek approval to administer both youth tobacco use surveys 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 October 1, 2018 - San Antonio T21 Ordinance becomes effective; Hold press briefing Recruit 18-20 year old adults for T21 Decoy Compliance Visits Health Inspectors begin annual T21 inspections on October 1, 2018 Provide T21 Decoy Compliance Training to selected 18-20 yr. old young adults Health Inspectors & young adults (18-20) begin annual T21 Decoy Compliance Visits on January 1, 2019 (100 per year by random selection)Community Educ.Military Educ.SurveysComplianceMediaPage 2 of 2 Page 1; updated [1/26/18] 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 2; updated [1/26/18] 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 3; updated [1/26/18]  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 compliance check for current year Retailer asked to immediately address the violation and issued 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 next page Page 4; updated [1/26/18] 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 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. 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/tobacco21. • 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. FDA Statement Statement from FDA Commissioner ScottGottlieb, M.D., on proposed new steps toprotect youth by preventing access toflavored tobacco products and banningmenthol in cigarettes For Immediate Release November 15, 2018 Statement Español (/NewsEvents/Newsroom/ComunicadosdePrensa/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 (/NewsEvents/Speeches/ucm569024.htm) our comprehensive tobacco framework plan in July 2017, I 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.htm) in July 2017, I 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/ProtectingKidsfromTobacco/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 manufacturers to step up (/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 I 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 Rulemaking (ANPRM) (https://www.federalregister.gov/documents/2018/03/21/2018-05655/regulation-of- 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 (/TobaccoProducts/NewsEvents/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, crème, 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 products (https://www.federalregister.gov/documents/2018/03/21/2018-05655/regulation-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. 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   Michael Felberbaum (mailto:michael.felberbaum@fda.hhs.gov)   240-402-9548 Consumers   888-INFO-FDA Follow FDA Follow @US_FDA (https://twitter.com/US_FDA) (/AboutFDA/AboutThisWebsite/WebsitePolicies/Disclaimers/default.htm) Follow FDA (https://www.facebook.com/FDA) (/AboutFDA/AboutThisWebsite/WebsitePolicies/Disclaimers/default.htm) Follow @FDAmedia (https://twitter.com/FDAMedia) (/AboutFDA/AboutThisWebsite/WebsitePolicies/Disclaimers/default.htm)    2017 (/NewsEvents/Newsroom/PressAnnouncements/2017/default.htm) 2016 (/NewsEvents/Newsroom/PressAnnouncements/2016/default.htm) More in Press Announcements (/NewsEvents/Newsroom/PressAnnouncements/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 Requests for InformationRevision Date11/30/2018RequestRequest Date Staff ResponsibleStatusRequested By1Work session on permitting options to incentivize affordable housing including a survey of practices from other municipalities. 6/26/2018 Kuechler A progress update will be provided during the December 18 work session.Armintor2Develop a strategic plan for homeless shelters in Denton (current environment, capacity, need, emergency circumstances, best practices, family shelter options). 7/17/2018 KuechlerA work session is planned for December 18.Armintor/Briggs/Meltzer3Overview of the Homestead Exemption process. 7/17/2018 Puente/LangleyA work session is scheduled for December 4.Armintor 4Update on marketing/advertising policy and naming opportunities at City facilities. 8/2/2018 Langley/PackanA work session is planned for January 8. Hudspeth5Information on providing additional options for broadband service aside from current service providers. 9/25/2018 Birdseye/CollisterISR will be provided in the December 7 Friday report. Briggs6Information and recommendations on Denton's Smart City initiatives.10/9/2018 Kraft/WoodInformation will be provided in the December 7 Friday report. Briggs/Meltzer7Information comparing Single Room Occupancy code designation to Multi-Family developments, discussing potential code requirements for visitor parking, and overview of potential impact to historic districts. 10/9/2018 McDonald/CannoneISR is included in the October 12 Friday report. A work session is scheduled for December 4.Duff/Armintor 8Strategy for addressing telecommunications and utility lines along Dallas Drive including pricing and timing. 10/16/2018 Canizares/Morrow/EstesInformation was included in the November 21 staff report. A detailed ISR will be provided in a future Friday report. A work session is scheduled for February 5.Briggs 9Review of the City's agreement with the Denton Housing Authority. 10/16/2018 Kuechler/Reinwand/Leal Information will be provided in a future Friday report. Briggs10Staff report on bike lane parking violations and enforcement and outreach methods to improve compliance. 11/6/2018 Oliphant/DeshmukhInformation is included in the November 30 Friday report. Staff will provide additional updates once a formal recommendation for traffic delineation options has been identified. Meltzer/Armintor 11Information on landfill expansion including an overview of options considered and any potential alternatives to our current plan. 11/6/2018 CoxISR is included in the November 30 Friday report.Armintor12Staff report on how water and waste water fees have been used over the past 5-10 years by project, including the amount collected and how the projects are tracked. 11/13/2018 Banks/Vincent Information will be provided in the December 7 report. Armintor/Watts13Ensure 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 place for citizen comments. 11/13/2018 Packan/CannoneInformation will be provided in the December 7 report. Briggs Council Meeting Requests for InformationRevision Date11/30/2018RequestRequest Date Staff ResponsibleStatusRequested By14Provide information on how quickly staff can proceed with installing windows at City Hall West. 11/13/2018 Canizares/HartleyA status update is provided in the November 30 Friday report. Staff will provide updates in December once a project timeline has been established. Hudspeth15Information on staff's ability use utility information to notify residents within 200' and 500' of a proposed development in addition to using DCAD data. 11/13/2018 McDonald/Leal Information will be provided in the December 7 Friday report. Ryan16As 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 crossing at Normal and Oak Street. 11/13/2018 Deshmukh/Estes/Kremer Information is provided in the November 30 Friday report. Hudspeth17Provide information on safety concerns with the Wells Fargo Parking Garage and confirm if there are similar concerns with the proposed garage at Park 7. 11/13/2018 McDonald/Cannone Information will be provided in a future Friday report.Briggs18Information on alternative strategies to promote high-tech entrepreneurship.11/13/2018 BoothInformation will be provided in a future Friday report. Meltzer19Staff report on the City's current boring technology and if using more modern technology would be more efficient and/or less expensive.11/13/2018 EstesInformation will be provided in a future Friday report. Briggs20Staff report on establishing a sobering center in Denton similar to the ones recently opened in San Antonio, Houston, and Austin.11/13/2018 Dixon/Kuechler/Wood Information will be provided in a future Friday report. Armintor21Staff report on the potential establishment of a citizens' tenant committee to advocate for renter rights.11/13/2018 Lahart/McDonaldInformation will be provided in the December 14 Friday report.Armintor22Information on a potential program to incentivize residents to use doorbell monitoring technology to assist with public safety.11/13/2018 Dixon/Padgett/Wood Information will be provided in the December 14 Friday report.Hudspeth23Information 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 municipalities. 11/27/2018 CoxISR is included in the November 30 Friday report.Briggs24Consider amending the Fire Code to allow firepits. 11/27/2018 Hedges/LahartInformation will be provided in the December 7 Friday report. Briggs25Information on the potential creation of a small business or corridor reinvestment grant program. 11/27/2018 Booth Information will be provided in a future Friday report. Briggs26Staff report on allowing horses and horse drawn carriages on City of Denton streets. 11/27/2018 BirdseyeInformation is provided in the November 30 Friday report. Ryan27Information on programs conducted by other municipalities to help persons experiencing homelessness obtain photo IDs. 11/27/2018 KuechlerInformation will be provided in a future Friday report. Armintor28Staff report on the recent resolution passed by the City of Dallas to establish itself as a Welcoming City.11/27/2018 BirdseyeInformation will be provided in a future Friday report. Armintor 29Provide an update on the street failure issue.11/27/2018 EstesInformation will be provided in a future Friday report. Meltzer Council Meeting Requests for InformationRevision Date11/30/2018RequestRequest Date Staff ResponsibleStatusRequested By30Information on the feasibility of creating a "parents' night out" at City recreation centers. 11/27/2018 Packan ISR is included in the November 30 Friday report.Hudspeth31ISR on regional transportation efforts that are being coordinated by NCTCOG.11/27/2018 CanizaresInformation will be provided in a future Friday report. Hudspeth Other Council Information Requests11/28/2018RequestRequest Date Staff ResponsibleStatusRequested ByRequest Source1Staff Report on commercial food diversion programs. 6/4/2018 Cox Information will be provided in a future Friday report. Briggs Committee on the Environment2Information on the potential benefits of air quality monitors in Denton. 9/17/2018 Barnett Information will be provided in a future Friday report. Meltzer Committee on the Environment3Information on recent ordinance passed in San Antonio that raised the tobacco purchase age to 19 and discuss the 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 4Information on consultant recommendations for recycling and bulk items. 11/5/2018 Cox Information will be provided in a future Friday report. Meltzer Committee on the Environment5Staff report on rental property inspections including practices to address faulty roofs and mold and information on how other cities ensure compliance with the Tenant Bill of Rights. 11/6/2018 Lahart/McDonaldInformation will be provided in the December 14 Friday report. Armintor Email from CM Armintor 6Information on the percentage of waste at the landfill coming from other jurisdictions and the fees paid by other jurisdictions to use the landfill. 11/12/2018 Cox ISR is provided in the November 30 staff report.Armintor Email from CM Armintor 7Coordinate with TxDOT on Teasley and Pennsylvania to reduce speed on portion of Teasley and put a traffic light at the intersection. 11/12/2018 Deshmukh/EstesInformation was provided in the November 16 Friday report. Updates will be provided following staff's meeting next week with TxDOT. Armintor Email from CM Armintor 8Develop a comprehensive housing inventory of transitional and permanent supportive housing units in the city and perform a needs assessment.11/13/2018 KuechlerStaff is working on this project and will provide updates as it progresses.Armintor Email from CM Armintor 9Analysis 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 permissible under the proposed DDC. 11/13/2018 McDonald Information will be provided in a future Friday report. Meltzer Email from CM Meltzer Other Council Information Requests11/28/2018RequestRequest Date Staff ResponsibleStatusRequested ByRequest Source10Feedback 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 attendees. 11/19/2018 Oliphant/Deshmukh/EstesInformation will be provided in the December 7 Friday report. Briggs Email from CM Briggs following 11/19 meeting11Breakdown of gas well revenue from 2002-2017 and how that funding was used.11/21/2018 Puente/PackanInformation will be provided in the December 7 Friday report.BriggsEmail from CM Briggs12Provide the date for each landfill permit-related expense highlighted in Table 1 of ISR 2018-155 (Landfill Expansion Permitting Process from Oct. 26)11/26/2018 Cox Information will be provided in a future Friday report. Armintor Email from CM Armintor 13Information on the number of comments received about the proposed Conservation and Landscape Standards. 11/26/2018 CannoneInformation is provided in the November 30 Friday report. BriggsEmail from CM Briggs14Explanation 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 designation. 11/26/2018 Menguita/Cannone/McDonald Information is provided in the November 30 Friday report. Armintor Email from CM Armintor 15Staff report on strategies used by other cities to address landfill price adjustements, compost collection, and multi-family recycling. 11/28/2018 Cox Information will be provided in a future Friday report. Meltzer Email from CM Meltzer 16Provide a status update on improvements intended to improve traffic safety in the University Park neighborhood.11/28/2018 DeshmukhInformation will be provided in the December 7 Friday report.BriggsEmail from CM Briggs 17Information on Zoning concerns for a proposed batch plant off of Roselawn Drive. 11/29/2018 Cannone/McDonaldA status update is provided in the November 30 Friday report. Staff will provide additional information as their research progresses. BriggsEmail from CM Briggs Other Council Information Requests11/28/2018RequestRequest Date Staff ResponsibleStatusRequested ByRequest Source18Information on the Fireside Park development including efforts to ensure pedestrian safety and maintain the character of the neighborhood. 11/26/2018& 11/28/2018 Cannone/Canizares Information is provided in the November 30 Friday report. A public meeting is scheduled for December 12. Briggs/Watts Email from CM Briggs and email from Mayor Watts City Council City of Denton Meeting Agenda City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Work Session Room2:00 PMTuesday, December 11, 2018 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 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. ID 18-1670A. Receive a report, hold a discussion, and give staff direction regarding an economic development incentive application from Tyson Sales and Distribution. ID 18-2004B. 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. ID 18-1990C. Receive a report and hold a discussion regarding the University of North Texas Athletic Facilities Master Plan. ID 18-2083D. 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: 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 ID 18-2059A. Page 1 Printed on 11/30/2018 December 11, 2018City Council Meeting Agenda 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. 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. ID 18-1520A. 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. ID 18-1757B. Consider approval of the minutes of November 5, November 6, and November 13, 2018. ID 18-2042C. Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule ID 18-2076D. Page 2 Printed on 11/30/2018 December 11, 2018City Council Meeting Agenda 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). 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). ID 18-2085E. 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). ID 18-2103F. 2. ITEMS FOR INDIVIDUAL CONSIDERATION 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. ID 18-2028A. 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). ID 18-2072B. 3. CONCLUDING ITEMS Page 3 Printed on 11/30/2018 December 11, 2018City Council Meeting Agenda A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics, above posted. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 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 11/30/2018 11/30/2018 1:55 PM December 2018 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 11:30 am Council Luncheon 1:30pm Committee on the Environment 5:30pm Traffic Safety Commission 6 pm Park Board 4 Cancelled 10:00 am Audit/Finance Committee 10:30am Committee on Citizen Engagement 2:00 pm CC Work Session 6:30 pm CC Regular Session 5 5:00pm Board of Ethics 6 4 p.m. Public Art Committee 7 11:00 Development Code Review 8 9 10 9:00am Public Utilities Board 5:30pm HLC 11 11:00am Mobility Committee 2:00 pm 2nd Tuesday Session 12 11:00am EDP Board 5:00pm P&Z Work Session 6:30pm P&Z Regular Session 13 14 15 16 17 4:00 pm ZBA 18 2:00 pm CC Work Session 6:30 pm CC Regular Session 19 20 HaBSCo Meeting 21 22 23 24 Christmas Eve - City Holiday 25 No Council Meeting Christmas Day - City Holiday 26 27 29 29 30 31 January 2019 Sun Mon Tue Wed Thu Fri Sat 1 No Council Meeting 2 3 4:00pm Public Art Committee 4 5 6 7 11:30 am Council Luncheon 1:30pm Committee on the Environment 8 11:00am Mobility Committee 2:00 pm CC Work Session 6:30 pm CC Regular Session 9 11:00am EDP 5:00pm P&Z Work Session 6:30pm P&Z Regular Session 10 11 12 13 14 9:00am Public Utilities Board 5:30pm HLC 15 2:00 pm CC Work Session 6:30 pm CC Regular Session 16 17 4:00pm HaBSCo Meeting 18 19 20 21 22 No Council Meeting 23 11:00am TIF Board (TIRZ #1) 5:00pm P&Z Work Session 6:30pm P&Z Regular Session 24 25 26 27 28 6:00pm Public Utilities Board 4:00pm ZBA 29 No Council Meeting 30 31 Future Work Session Items 11/30/2018 Meeting Date Notes  3‐Dec Lunch Audit Governance  DCTA Board of  Directors  Appointment  Customer Service  Audit 4‐Dec Homestead  Exemption Options SRO/Multi‐Family  380 Lighting  Recommendations  11‐Dec Tyson Development Historic Preservation  Master Plan  Downtown Design  Standards UNT Athletic Facility  Master Plan  18‐Dec 11am Start Time North Lakes Dog  Park BMR/Rubble  Processing Business  Case Analysis  Strategic Plan for  Homeless Shelters Affordable housing  incentives 7‐Jan Lunch Block for Municipal  Judge interviews  Library Annual  Report Citywide Strategic  Plan Update 8am start time for  Municipal Judge  interviews 8‐Jan DME Risk  Management Policy  Floodplain CRS American Legion  Hall Update on  Marketing/ Naming  Policy  Landfill Expansion  Permitting Process 15‐Jan Right‐of‐Way  Ordinance  Work Session  Strategy Session Special Event  Ordinance Update Recycling Business  Case Analysis Cultural District  4‐Feb Lunch Animal Shelter*  City Hall East Facility  Plan for PD Tennis Center  Location will be City  Hall East/Police HQ 5‐Feb Solid Waste Mid‐ Year Budget Review Housing Tax Credit  Applications  Mews Streets  1001 Mayhill Facility  Improvements  Dallas/Teasley  Telecom Poles  12‐Feb Fire Diversity Home Chemical  Collection Business  Case Analysis Patrick Park  Employee Ethics  Policy  New Market Tax  Credits  19‐Feb 26‐Feb Work Session  Strategy Session Airport Governance Smoking Ordinance  Overview/ E‐Cigarette  Enforcement IOOF Cemetery  Fence  Improvements  4‐Mar Lunch 5‐Mar Purchasing Manual  Update  DEC Noise  Mitigation Bonnie Brae and  Scripture Tract  Date TBD South Lakes Park  Parking Lot Enhanced Leachate  Recirculation  Business Case  Analysis Yard Waste  Collection Business  Case Analysis Solid Waste Rate  Discussion  Credit and  Collections Study  (tentatively Mar. 26) Scheduled from 10/23  Work Session New staff request Top 5 from 11/27  Work Session *Will include overview of FeLV and FIV testing Currently Slated Work Session Items Meeting cancelled due to Denton County Days in Austin Street/Intersection From ToProposed Date of ConstructionProposed Date of Completion Brief Description of Construction Department LettersOther CommunicationDepartment Contact:Updated Information / Notes Ave. AMaple Eagle3/19/18 2/28/19UNT 2018 Residence Hall Project      (Both SB Lanes Closed)Engineering N/ACoordinate with UNT(940) 349‐8910Ave. CHickory Mulberry9/24/18 1/2/19UNT Monument Wall                 (Road Closure)Public Works InspectionsUNT Project(940) 349‐8905Bonnie Brae St.RoselawnNorth of Vintage7/1/2017 7/1/2019Street Widening                     (Phase 1)Engineering 6/14/18(940) 349‐8910Camden Ct. Londonderry Dead End10/1/18 1/18/19Londonderry Street Improvements Phase II of III                        (Street Closure)Streets 9/24/18(940) 349‐7160Collins St. Eagle Locust11/26/18 12/7/18Transmission Distribution             Improvements                       (Street Closure)DME N/A(940) 349‐8700Dallas Dr. Intersection of Teasley11/12/18 2/22/19Turn Lane Upgrade                   (Temporary Lane Closure)Streets 11/5/18(940) 349‐7160Eagle Dr.Elm Carroll12/3/18 5/31/19Drainage Improvements              (Street Closure)Engineering(940) 349‐8910 New ProjectElm St.Eagle Maple10/22/18 1/31/19Box Culvert Installation               (Temporary Lane Closures)            Engineering 10/11/18Part of Eagle Communications, visited businesses on 10/11(940) 349‐8910Completion extended from 12/11/18FM 2181City of Denton/Corinth City limitsLillian Miller7/11/17 2/1/20Street WideningTxDOT TxDOT(940)‐387‐1414Fulton St.Oak Broadway6/7/18 12/7/18Water Main Construction             (Street Closure)Water 6/5/18(940) 349‐7167Hickory St.Ave CAve B9/24/18 1/2/19Phase III Street Reconstruction        (Street Closure)Streets 9/12/18(940) 349‐7160                                                                              Construction Projects Report  Week of December 3‐9, 2018                 CURRENT PROJECTSSee Yellow Highlighted for Major ClosuresFor general inquiries and questions, please contact the Project Management Office at (940) 349‐7227Page 1 of 5 Street/Intersection From ToProposed Date of ConstructionProposed Date of Completion Brief Description of Construction Department LettersOther CommunicationDepartment Contact:Updated Information / Notes Kendoph Ln. Underwood Willowwood11/26/18 1/31/19Wastewater Improvements           (Daily Street Closure will re‐open end of each day)Wastewater N/ANextdoor Notification,        Door Hanger(940) 349‐7300Kendoph Ln. WillowwoodDead End       South11/26/18 12/3/18Street Reconstruction                (Street Closure)Streets N/ANextdoor Notification,        DoorHanger(940) 349‐7160Kingswood Ct.Londonderry Dead End10/1/18 1/18/19Londonderry Street Improvements Phase II of III                        (Street Closure)Streets 9/24/18(940) 349‐7160Lakeview Blvd.Draught Horse 801 Lakeview11/26/18 12/21/18Street Panel Repair                   (Temporary Lane Closure)Streets 11/14/18(940) 349‐7160Londonderry Ln.Teasley Hollyhill11/12/18 1/18/19Londonderry Street Improvements Phase III of III                        (Street Closure)Streets 9/25/18(940) 349‐7160Londonderry Ln.Westminster Hollyhill11/5/18 12/13/18Water/Wastewater Improvements    (Street Closure)Water 9/25/18(940) 349‐7167Mayhill Rd.Intersection of Gayla11/26/18 12/10/18Part of Mayhill Street Widening       (Road Closure with Detour)Engineering(940) 349‐8910 New ProjectMayhill Rd.US 380 Edwards 9/1/17 2/1/20Street Widening                     (Temporary Lane Closures)Engineering 1/3/18, 1/24/18Door Hangers(940) 349‐8910Manhattan Dr. Yellowstone Shermah11/26/18 3/29/19Street Reconstruction                (Temporary Lane Closure)Streets 11/14/18(940) 349‐7160Mistywood Ln.Woodhaven Jamestown11/7/19 1/2/19Wastewater Main Reconstruction     (Temporary Lane Closures)Wastewater 8/23/18(940) 349‐7300Mulberry St.Bell Industrial10/15/18 12/10/18Parking Garage Construction          Contractor                          (Street Closure)Building      InspectionsN/AOutside Contractor(940) 349‐8360Completion extended from 11/23/18Myrtle St.Eagle Maple 9/4/18 5/31/19Eagle Drainage Improvements        (Street Closure)Engineering 8/21/18Contacted DCTA(940) 349‐8910Oak St.North Texas Thomas 12/3/18 12/14/18Sidewalk Improvements              (Temporary Outside Lane Closure)Engineering(940) 349‐8910New ProjectPaisley St.Frame Ruddell10/15/18 1/25/19Street Reconstruction                (Temporary Lane Closures)Streets 10/3/18(940) 349‐7160Palmer Dr. Sherman Peach11/12/18 12/14/18Street Resurfacing                    (Road Closure)Streets 11/5/18(940) 349‐7160Page 2 of 5 Street/Intersection From ToProposed Date of ConstructionProposed Date of Completion Brief Description of Construction Department LettersOther CommunicationDepartment Contact:Updated Information / Notes Pinehurst Ct.Wintercreek Cul de Sac11/12/18 12/14/18Sidewalk Repair                      (Temporary Lane Closures)Streets 11/5/18(940) 349‐7160Prominence Pkwy.Mayhill Atlanta1/31/18 12/28/18Water and Wastewater Crossing (Road Closure)Engineering 1/24/18Door Hangers(940) 349‐8910Riney Rd.N. Elm Solana9/29/17 12/28/18Road Removal and Replacement (Road Closure)Engineering YesElectronic Signs(940) 349‐8910Rockwood Ln. Royal Mistywood11/26/18 12/21/18Rockwood Drainage Improvements (Intermitten Street Closure)Drainage 11/23/18(940) 349‐8488Royal Ln.Royal Rockwood11/26/18 12/21/18Rockwood Drainage Improvements (Intermitten Street Closure)Drainage 11/23/18(940) 349‐8488Seven Oaks Ln.Rambling BrookGlen Falls11/14/18 12/21/18Street Panel Replacement/ Sidewalk Repair                              (Temporary Lane Closures)Streets 11/7/18(940) 349‐7160Shady Oaks Dr.Teasley Woodrow12/3/18 12/17/18Base Repairs                         (Temporary Lane Closure)Streets Electronic SignsMeet with business owners(940) 349‐7160 New ProjectSierra Dr.Yellowstone Sherman11/26/18 3/29/19Street Reconstruction                (Temporary Lane Closure)Streets 11/14/18(940) 349‐7160Spencer Rd. MayhillLowe's Driveway4/2/18 12/28/18Water, Drainage, Road Construction   (Road Closure)Water 3/16/2018, 9/14Contacted departments affected(940) 349‐8910Swan Park Dr. Glen Falls Seven Oaks11/14/18 12/21/18Sidewalk Repair/Panel Replacement   (Temporary Lane Closures)Streets 11/7/18(940) 349‐7160US 377 (Ft. Worth Dr.)IH 35E0.26 mi south of FM 183012/3/18 TBDStreet Widening                     (Temporary Lane Closures during non‐peak traffic)TxDOT 9/25/18Public Meeting 10/8(940) 387‐1414 New ProjectWalnut St. Locust Austin10/29/18 12/30/18Atmos Service Connection            (Street Closure)Engineering N/A(940) 349‐8914Bell Ave.Robertson Sycamore10/10/18 11/16/18Panel Replacement                  (Temporary Lane Closures)            Streets 9/26/18Contacted Surrounding Businesses(940) 349‐7160COMPLETED PROJECTSPage 3 of 5 Street/Intersection From ToProposed Date of ConstructionProposed Date of Completion Brief Description of Construction Department LettersOther CommunicationDepartment Contact:Updated Information / Notes Fairway Dr. Ft. Worth Club View11/12/18 11/21/18Street Panel Repair                   (Temporary Lan Closure)Streets 11/5/18(940) 349‐7160 New CompletionJim Christal Rd.Western Blvd Scripture7/3/18 11/26/18Utility Line Construction              (Road Closure)Water/WW N/AContacted Businesses affected(940) 349‐8463Saint Clair Dr.Loon Lake Lamprey10/1/18 11/16/18Street Panel Replacement/ Sidewalk Repair                              (Temporary Lane Closures)Streets Door Hangers(940) 349‐7160Teasley Ln. RobinsonN.E. Corner     Teasley10/31/18 11/16/18Wastewater Reconstruction          (Temporary Lane Closures)Water N/AConstruction outside of roadway(940) 349‐7300Welch St.Mulberry Chestnut10/8/18 11/11/18Inlet Improvements, ADA Ramp Installation, Box Culvert Replacement     (Road Closure)Drainage 10/4/18Communicated with UNT, DCTA(940) 349‐8488Atlas Dr.Redstone Hercules1/3/19 3/1/19Wastewater Main Reconstruction     (Temporary Lane Closures)Wastewater(940) 349‐7300Bonnie Brae St.Roselawn I35E1/15/19 1/15/20North South Water Main Phase 2      (Temporary Lane Closures)Water(940) 349‐8910Bowling Green St.Georgetown Auburn12/10/18 1/18/19Water Improvements                 (Daily Street Closure will re‐open end of each day)Water 11/7/18(940) 349‐7167Fulton St.Congress Gregg2/1/19 3/16/19Wastewater Main Reconstruction   Pase I of II                           (Temporary Lane Closures)Wastewater(940) 349‐7300Hettie St.Paisley Davis5/1/19TBDWater, Wastewater, and StreetsMultipleHickory Creek Rd.Teasley Riverpass1/1/19 6/1/20Street Widening                     (Temporary Lane Closures)Engineering(940) 349‐8910Hinkle Dr.University Windsor1/1/19 1/1/20Phase I‐ Storm Water Improvements     (Magnolia Drainage Ph II             Temporary Lane Closures)Engineering 11/13/18(940) 349‐8910UPCOMING PROJECTSPage 4 of 5 Street/Intersection From ToProposed Date of ConstructionProposed Date of Completion Brief Description of Construction Department LettersOther CommunicationDepartment Contact:Updated Information / Notes Kings RowYellowstone Sherman1/1/19Street Reconstruction                (Temporary Lane Closure)Streets(940) 349‐7160Laguna Dr.Yellowstone Sherman1/1/19Street Reconstruction                (Temporary Lane Closure)Streets(940) 349‐7160McKinney St.Woodrow Jannie12/10/18 1/11/19Utility Improvements                (Temporary Outside Lane Closure)Engineering(940) 349‐8910 New ProjectMistywood Ln.Rockwood Jamestown1/3/19 3/5/19Rockwood Drainage Improvements (Intermitten Street Closure)(940) 349‐8488Panhandle St.Carroll BolivarTBDTBDStreet Resurfacing, Curb and Gutter (Temporary Lane Closures)Streets 4/9/18Door Hangers(940) 349‐7160PEC 4 ‐ EngineeringIn DesignInstalling Underground Box CulvertEngineering 11/13/18(940) 349‐8910Roselawn Dr.Bonnie BraeKansas City Southern RRTBDTBDDrainage and Roadway Construction   (Bonnie Brae Phase 1                 One Lane traffic control)Engineering N/A(940) 349‐8910Stuart Rd.Windsor Kings RowTBDTBDConcrete Curb and Gutter Repair      (Temporary Lane Closures)Streets(940) 349‐7160Thomas St.Panhandle Oak 2/1/19TBDStreets Construction                 Streets(940) 349‐7160Vintage Blvd.US 377 I35W 3/1/2019 2021Street Widening                     (Bonnie Brae Phase 2)Engineering(940) 349‐8910YellowstoneKings Row Monterey 1/1/2019Street Reconstruction                (Temporary Lane Closure)Streets(940) 349‐7160Page 5 of 5