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HomeMy WebLinkAbout111017 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 10, 2017 TO: The Honorable Mayor Watts and Council Members FROM: Todd Hileman, City Manager SUBJECT: Friday Staff Report I. Council Schedule A. Meetings 1. Public Utilities Board Meeting on Monday, November 13, 2017 at 9:00 a.m. in the City Council Work Session Room. 2. Mobility Committee Meeting on Tuesday, November 14, 2017 at 9:30 a.m. in the City Council Work Session Room. 3. Work Session of the City Council on Tuesday, November 14, 2017 at 12:00 p.m. in the City Council Work Session Room. 4. No Agenda Committee Meeting on Wednesday, November 15, 2017. B. Upcoming Events 1. NLC City Summit, November 15-18, 2017 in Charlotte, NC II. General Information & Status Updates A. Historical Memo on Bonnie Brae Properties – Please see attached memo from staff regarding properties along Bonnie Brae Road. Please note that the properties are not historically landmarked, but information regarding their history is included. B. Denton Development Code Public Participation – The City of Denton is in the process of updating/rewriting the Denton Development Code. Staff has set an energetic timeline to complete the process, with it projected to be complete in advance of the 2018 Spring construction season. Staff is seeking public participation and assistance with this critical initiative and has organized a town hall gathering, informal round table discussions, and one-on-one sessions by appointment. An opportunity to provide input and comments for consideration in this process will be offered on the following date and times:  Town Hall Gathering Denton City Council Chambers (215 E. McKinney) Monday, November 13th 5:30 PM  Informal Round Table Discussions Development Services Center (215 W. Hickory Street) Tuesday, November 14th 8:00 a.m. 9:00 a.m. 10:00 a.m. 11:00 a.m. 1:00 p.m. 2:00 p.m. 3:00 p.m. 4:00 p.m.  One-on-One sessions Development Services Center (215 W. Hickory Street) Wednesday morning, November 15th (By appointment) Contact Athenia Green at Athenia.Green@cityofdenton.com or (940) 349- 8358 Staff has sent out an e-mail to the development community and stakeholders, as well as posted on the website, sent out through the website news subscription list, and posted on social media. Staff contact: Scott McDonald C. Website Posting Locations for Agendas/Minutes – In order to provide uniformity in the agenda process and a consistent location on the City’s website for agenda postings, the City Secretary’s Office will be transitioning all boards /commissions /council committees into the Legistar agenda process. This is the process used currently by several boards/commissions/council committees such as City Council, Planning and Zoning Commission, Public Utilities Board, and Traffic Safety Commission. This system will place all posted agendas on the Public Meetings page on the City’s website thus making it easier for citizens to locate and view meeting agendas and minutes. It is anticipated that the transition will be completed by January 1, 2018. Staff contact: Jennifer Walters D. Fire Explorer Program – The Fire Department is currently recruiting for the Fire Explorer program. The Fire Explorer program is an interactive career education program that combines classroom training with hands-on experience in fire service careers. Explorers not only gain knowledge of the fire service, but they also gain self-confidence and leadership experience. The Explorers will meet bi-monthly at a Denton fire station starting in February 2018. The program is open to anyone ages 14-19 years old who resides in Denton. Interested participants are encouraged to contact Fire Community Services Officer Megan Schuth before the end of January at megan.schuth@cityofdenton.com or (940) 349-8848. Staff contact: Megan Schuth E. City Staff Participate in Tabletop Disaster Exercise – The City of Denton leadership team participated in a tabletop disaster exercise regarding a major flood scenario at the Emergency Operations Center (EOC) at Central Fire Station on Friday, November 3. The training was facilitated by Craig Brein with the Texas Division of Emergency Management (TDEM). A tabletop exercise involves assessing plans, policies, and procedures in an informal setting before an emergency occurs. The focus of the training was to review the City’s new Disaster Finance Plan. The Plan will help ensure disaster related expenses are documented in order to assist with cost recovery following a Presidential Disaster Declaration. The tabletop was the culmination of five Disaster Accounting 101 courses conducted by TDEM over the last two years. In addition to EOC staff, departmental timekeepers observed the exercise in order to better understand the disaster response and recover y process. A total of 65 City staff members and community stakeholders from Denton ISD, Denton County Health Department, and the University of North Texas participated with the exercise. Staff contact: Mike Penaluna F. Hands-free Ordinance Enforcement – At the November 7 City Council meeting, Council Member Briggs asked for the number of citations written for violations of the hands free wireless device laws. Since HB 62 was adopted amending the Texas Transportation Code and prohibiting texting and emailing state wide, citations have been issued under both the amended ordinance and the State Law depending on which violation was observed. Since adoption of the original ordinance in 2014 that prohibited texting, emailing, surfing the internet, etc., with a handheld communication device, there have been a total of 157 citations issued and filed in Municipal Court. Since the passage of the State Law prohibiting texting while driving, which went into effect September 1, 2017, and enforcement began October 1, 2017, there have been 5 citations issued and filed in Municipal Court as a violation of the State Transportation Code. In addition to previous communications through press releases, website, and social media, an article regarding the hands-free ordinance and state law will be featured in the December/January Resident Update mailed to all residents and businesses. Staff contact: Chief Lee Howell G. USTA Challenger Tournament – The Denton Challenger was held Nov. 4-5, with 663 entries, and was the largest of 50 USTA (United States Tennis Association) Texas Section Challenger events in 2017. (The next closest event was held in Dallas in February with 542 entries.) Participants came from the DFW Metroplex and other cities such as Amarillo, Alvarado, Cleburne, Corsicana, Godley, Houston, Katy, Kaufman, Kilgore, Longview, Spring, Tyler, and Wichita Falls. Participants ranged in age from 10-18.  Matches played: 991  Total Courts Used: 79 Tennis parents report that Denton is the ideal location for many families in the top half of Texas. Geographically, it splits east and west Texas so kids from Amarillo and Tyler find it accessible. Neighbors to the north, such as Wichita Falls, find it easier than driving to DFW for an event. Finally, the suburbs of Frisco/Allen/McKinney/Southlake/Flower Mound find Denton a friendly option and an easy weekend drive. Staff contact: Emerson Vorel / Heather Gray H. Composting Program – During the concluding items portion of the October 24, 2017 City Council meeting, the Council requested information on the potential costs and benefits of a City managed composting operation. The City of Denton currently operates a composting program, Dyno Dirt, as part of the Beneficial Reuse division. The Dyno Dirt program was implemented in 1997 and utilizes aerated windrow composting which involves forming organic waste into long rows and turning them to properly aerate the compost. The operation produces an assortment of composts, soils, and mulches using the yard waste collected by Solid Waste and the recycled bio solids collected from the Pecan Creek Water Reclamation Plant. The use of bio solids enables the City to avoid the use of landfill airspace for the disposal of that material. While a variety of organic material can be utilized as "feedstock" for composting, the City’s current permit does not allow the use of animal products or large quantities of food waste. By limiting the City’s feedstock to yard waste and bio solids, the program is able to limit issues associated with contamination, odors, and wild life (most notably wild hogs and vermin). For fiscal year 2016-17, Beneficial Reuse sold over 26,000 yards of assorted compost, soil, and mulch. Dyno Dirt sales generated total revenues of $944,839 and allowed the Wastewater department to avoid $544,742 in waste disposal fees. After factoring for operational expenses, the program resulted in a $44,617 net financial benefit. Staff contact: Ethan Cox I. Smoking Ordinance – At the November 7 City Council meeting, Council Member Gregory asked for information about the smoking ordinance and the final component with upcoming changes effective December 31, 2017. Please see attached an Informal Staff Report which provides information on the ordinance approved in 2015 and details past public communications, as well as current and planned communications to business owners and the public. Staff contact: Brian Daskam / Sarah Kuechler J. Sprayground at Carl Gene Young Sr. Park – Denton Parks and Rec recently completed the installation of the City’s first sprayground after overcoming a brief delay in the delivery of parts due to Hurricane Harvey. After consulting with staff and community leaders, the Parks and Rec Department has decided to host a grand opening this spring given that warmer weather will lend itself to higher attendance and a more grand experience. A press release, photos, and public save the date announcement are underway will be shared City-wide in the coming week. Staff contact: Emerson Vorel K. Park Systems Map – At the October 24 City Council meeting, Council Member Briggs requested a map showing an overlay of properties within a half-mile radius of public parks. Please see attached map. Staff contact: Emerson Vorel L. Sidewalk on Wind River – Staff looked into a depressed sidewalk on Wind River that was causing school children and pedestrians to walk in the mud after a citizen wrote a Letter to the Editor. The HOA manager was contacted, and they had been aware of the issue but had not formally logged a complaint with the City. Staff from the Street Department went out last Friday, November 3 to clear the sidewalk of the mud and it is scheduled to be addressed/repaired within 30 days. Staff contact: Julie Anderson M. Street Lighting on Interstate 35E – City Council recently requested staff to look into intermittent lighting on the I-35E corridor. Mark Nelson, Transportation Director, contacted TxDOT and was informed the high pressure sodium bulbs require a 14-day “burn in” period. This is a requirement to condition the type of light bulb. Various segments along the corridor are controlled by separate circuits therefore there are locations that may not have continuous lighting in place during the burn in period. Finally, there were a few lights that were not in operating condition prior to construction of the 35Express project due to lack of connectivity and/or theft of wire. Staff has requested the pre-construction audit from TxDOT to determine which lights may be affected and determine process to have all lights operational in the corridor. Staff contact: Mark Nelson N. Charter Amendment Election – The certification of City Charter Amendment election results is scheduled to take place with a special City Council meeting on Monday, November 20 at 10:30 a.m. in the Council Work Session Room at City Hall. The unofficial election results from the County show that Proposition D, requiring the City to have an ethics ordinance, passed with 87% in favor and 13% opposed. Staff will provide a brief presentation to City Council on Tuesday, Nov. 14 to discuss options of how to develop an ethics ordinance and receive Council feedback. Staff contact: Bryan Langley O. Pebblebrook Park Encampment – Please find attached a detailed memo providing additional information on the public health and safety hazards posed by the Pebblebrook Park encampment and why the decision was made to remove the camp and clean-up the area. Staff contact: Bryan Langley / Todd Hileman III. Community Events A. Bicycle to Recycle 2017 – On Saturday, November 11, celebrate America Recycles Day with a family bike ride from the Courthouse on the Square to ECO- W.E.R.C.S. Resource Recovery Park and back again. This leisurely bike ride will take participants along the rail trail and showcase where recycling is processed in Denton. Below is a general timeline of the event:  9:00 am: Meet at the Courthouse on the Square; Quick bike repair and bike safety  9:30 am: Ride departs for the Pratt Recycling Facility  10:00 am: Tour of the recycling facility  11:00 am: Depart back to the Square  12:00 pm: Free lunch in downtown with guest speakers (Lunch provided by Pratt Industries) Staff contact: Stuart Birdseye B. Learn to Conserve: Energy Efficiency Workshop – Sustainable Denton staff will be hosting a workshop on Thursday, Nov. 16 from 6 – 8 p.m. at Emily Fowler Central Library (502 Oakland St) on energy efficiency and conservation tips to save money. The public is encouraged to attend to learn how their home or business uses electricity and understand how simple solutions can help to reduce their electric bills. There will also be information on how to qualify for a GreenSense Rebate on a number of energy efficiency improvement projects. Staff contact: Katherine Barnett IV. Attachments A. Historical Memo on Bonnie Brae Properties B. Parks System Map C. Memo – Pebblebrook Park Encampment V. Informal Staff Reports A. Smoking Ordinance VI. Council Information A. Council Requests for Information B. Draft Agenda C. Council Calendar D. Future Council Items E. Street Construction Report Planning Division, Development Services Department 215 Hickor y St., Denton, TX 76201  (940) 349-8541 OUR CORE VALUES Integrit y  Fiscal Responsibility  Transparenc y  Outstanding Customer Service MEMORANDUM DATE: October 17, 2017 TO: Todd Hileman, City Manager FROM: Roman McAllen, Historic Preservation Officer THRU: Scott McDonald, Director Development Services SUBJECT: Concerning Councilmember Keely Briggs Request Regarding Properties Affected by the Proposed Alignment of Bonnie Brae and Historical Relevance The impetus for this memorandum was a request from Councilmember Briggs, made during the August 1st City Council meeting, for input regarding the historical significance of the homes that are proposed to be removed with the widening of Bonnie Brae Street between Scripture Street and W. Oak Street. None of the nine homes affected by the widening project are presentl y designated as historic landmarks. The attached document provides some historical background. Planning Division, Development Services Department 215 Hickor y St., Denton, TX 76201  (940) 349-8541 OUR CORE VALUES Integrit y  Fiscal Responsibility  Transparenc y  Outstanding Customer Service The following are the houses that would be demolished: 1. 314 N. Bonnie Brae Street 2. 316 N. Bonnie Brae Street 3. 320 N. Bonnie Brae Street 4. 324 N. Bonnie Brae Street 5. 400 N. Bonnie Brae Street 6. 404 N. Bonnie Brae Street 7. 2291 Scripture Street 8. 2293 Scripture Street 9. 2300 Scripture Street 1. 314 North Bonnie Brae Date Built: 1949; date source: mechanics lien; Style: Post War home on large urban lot. Original Owner: Roy and Anna Paul Builder: R.L. McGalliard and A.S. Crout, noted local general contractors whose other work included: Vanity Store and Voertman’s by TWU) Other: Owner occupied for 30 years. Figure 1 - 314 North Bonnie Brae St. 2. 316 North Bonnie Brae Date Built: 1915; date source: Denton County Appraisal District; Style: remodeled Craftsman Original Owner: Possibly D.L. Wilkins Other: This address was home for 18 years to the W.H. James family. Their son Gerald James won local acclaim as one of the Denton Record-Chronicle’s most prolific paper boys, winning multiple contests and awards for his work. According to tax records this home was moved to this address in November of 1950 from North Texas State College. This was the home of Willie Hudspeth. Figure 2 - 316 North Bonnie Brae St. OUR CORE VALUES Integrit y  Fiscal Responsibility  Transparenc y  Outstanding Customer Service Planning Division, Development Services Department 215 Hickor y St., Denton, TX 76201  (940) 349-8541 3. 320 North Bonnie Brae Date Built: 1950; date source: connection to building permit; Style: Post War Original Owner: M.C. Sheppard Other: This was the home for 6 years to beloved local nurse, Lillian Estes, who was awarded for her service to the community. She was Denton County Chair of the National Foundation of Infantile Paralysis (polio). The Flow Hospital Auxiliary created an annual scholarship in Lillian Estes’ name. Subsequentially, it was home to Jennifer Borges, who overcame a battle with cystic fibrosis as a 3-year old, per a Denton Record Chronicle article. Figure 3 - 320 North Bonnie Brae St. 4. 324 North Bonnie Brae Date Built: 1949-1950; date source: Denton Record Chronicle article about permits; Style: Post War Original Owner: Likely, M.C. Sheppard Other: Dr. Sheppard, owner of multiple lots in this area, was a Denton doctor for over 20 years. This was briefly the home of University of North Texas graduate and Columbia-trained, local tax attorney, Durward Dyche, who later ran for City Commissioner and sued the Denton Record-Chronicle for libel. He was also an assistant economics professor at The University of Texas. For 48 years, this address was home to Betty Joyce Elliott, later Matheson. Improved by builder Don Johnson in 1984. Figure 4 - 324 North Bonnie Brae St. OUR CORE VALUES Integrit y  Fiscal Responsibility  Transparenc y  Outstanding Customer Service Planning Division, Development Services Department 215 Hickor y St., Denton, TX 76201  (940) 349-8541 5. 400 North Bonnie Brae Date Built: 1950; date source: mechanics lien; Style: Post War Original Owner: James Albert Gladish Builder: H.F. Burke Other: Oil company operator and respected Denton citizen, James A. Gladish, had this home built while living next door at 324 N Bonnie Brae in 1950. He and his wife resided here for two years. It was then home for 17 years to Mrs. Liza Jane Castellaw, local philanthropist and sister of local businessman J.W. (“Dad”) Pender. In 1968, Mrs. Castellaw invited the President of Baylor to this home to accept her donation of $690,000 to Baylor to have the Communications Building on the Baylor campus named after her son. Jack Castellaw was a Baylor basketball student manager Figure 5 - 400 North Bonnie Brae St. who was killed in 1927, along with 9 other students, when a train hit their bus on the way to a game. The students are still honored collectively by Waco as “The Immortal 10.” 6. 404 North Bonnie Brae Date Built: 1957; date source: mechanics lien; Style: Mid-Century Original Owner: Louis Groening, local grocer Builder: John H. Jeter Other: Home of the Colwells for 40 years. Mrs. Colwell was a successful realtor in the late 1950’s and early 1960’s. Figure 6 - 404 North Bonnie Brae St. OUR CORE VALUES Integrit y  Fiscal Responsibility  Transparenc y  Outstanding Customer Service Planning Division, Development Services Department 215 Hickor y St., Denton, TX 76201  (940) 349-8541 7. 2293 Scripture Street Date Built: 1948; date source: mechanics lien; Style: Mid- Century/Prairie Original Owner: J.W. Pender, Jr. Builder: Earl Bushey Other: This was the home of J.W. Pender, Sr., who started the department of government and is credited with establishing intercollegiate athletics at The University of North Texas. He was also the head football coach for one season and was on the faculty for 34 years. Mr. Pender also served as the City of Denton School Board Chair. Figure 7 - 2293 Scripture St. 8. 2291 Scripture Street Date Built: 1951; date source: mechanics lien; Style: Ranch Original Owner: Sam and Abby “Tab” McAlister Builder: J.W. Karnes, Sr. Other: Home for 26 years to Dr. Sam McAlister, head of the UNT Department of Government, and his wife, known as “Tab.” From 1958-1959, while living in this house, Dr. McAlister served as chair of the Charter Commission which wrote the charter establishing Denton’s council- manager form of government. Figure 8 - 2291 Scripture St. OUR CORE VALUES Integrit y  Fiscal Responsibility  Transparenc y  Outstanding Customer Service Planning Division, Development Services Department 215 Hickor y St., Denton, TX 76201  (940) 349-8541 9. 2300 Scripture Street Date Built: 1956; date source mechanics lien; Style: Ranch Original Owner: Manuel and Dorothy (Wilkins) Meyer Builder: George C. Deutsch, Contractor Other: Built by, and home for 26 years to, Dr. Manuel Meyer and his wife Dorothy. He was a well- respected member of the music faculty at the University of North Texas. Figure 9 - 2300 Scripture St. Note: A covenant filed in 1941, effective until January 1967, with an option to renew in ten year increments was agreed to by a group of property owners that appear to have owned all of the land on which these homes were built, except 2300 Scripture. This covenant, in effect, created a neighborhood district with building and use restrictions for these properties. It appears that all but one of the homes were built during the period governed by this covenant. Designating landmarks anywhere often involves subjective analysis of a structure and its history. The criteria for the designation of local historic landmarks in Denton is in Section 35.7.6.4. of the Denton Development Code; the criteria for designation of landmarks are: 1. Character, interest or value as part of the development, heritage or cultural characteristics of the City, state or the United States; 2. Recognition as a recorded state historic landmark, a national historic landmark or entered into the National Register of Historic Places; 3. Embodiment of distinguishing characteristics of an architectural type or specimen; 4. Identification as the work of an architect or master builder whose individual work has influenced the development of the City; 5. Embodiment of elements of architectural design, detail, material or craftsmanship which represent a significant architectural innovation; 6. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif; OUR CORE VALUES Integrit y  Fiscal Responsibility  Transparenc y  Outstanding Customer Service Planning Division, Development Services Department 215 Hickor y St., Denton, TX 76201  (940) 349-8541 7. Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style; 8. Archeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest; 9. Exemplification of the cultural, economic, social, ethnic or historical heritage of the City, state, or United States; 10. Location as the site of a significant historic event; 11. Identification with a person who significantly contributed to the culture and development of the City, state or United States; 12. A building or structure that because of its location has become of value to a neighborhood, community area or the City; 13. Value as an aspect of community sentiment or public pride. Figure 10 – Diagram of Properties and Surrounding Areas – road not to scale. !( !( !( !( !( !( !( !(!(1 !(6 !(4 !(8 !(7 !(3 !(5 !(2 Carl Young, Sr. Park 108 Industrial St Spc. Ernest W. Dallas Jr. Veterans Memorial Park Villages of Carmel Future Park Township II Future Park Airport Road Audra Lane Avondale Park Bent Creek Park Bowling Green Park Briercliff Park Clear Creek Natural Heritage Center Cooper Creek Park Cooper Creek Open Space Cross Timbers Park Denia Park Evers Park Fred Moore Park Greenbel IOOF Cemetery Joe Skiles Park Lake Forest Park Mack Park and Roberts Field M.L. King Jr. Park McKenna Park Monterey Open Space Nette Shultz Park North Pointe Park Oakwood CemeteryOwsley Park Pebblebrook Open Space Quakertown Park Robson Ranch Sequoia Park Roselawn Memorial Park South Lakes Park Southwest Vintage Water Works Park Wheeler Ridge Park North Lakes Park Milam Park Frontier Park PRIVATEFM 1830PRIVATE PRIVATE I-35WPRIVA TEI-35 SERVI CE RDI-35PRIVATEMISS ELLIECOLLEGE I-35E SERVICE RD SOUTH FORKPR IVA T E LATTIMORE WI N D M E R E C R E E KLOOP 288LAKE SHARONNORTH TEXASPRIVATE PRIVATER O B IN S ON COYOTE POINT WENTWOODPUBLICALLEY PRIVATE I- 3 5W R a m p GOODLAND SYCAMORE MANHATTAN PRIVATE BRINKERWICHITAHI DDENOAKSCOLORADOSTATE SCHOOLPR IV AT E PRIVAT E PALMWOOD CHESTNUT NICOSIABROOKE WESTWAY PRIVAT EROBSON RANCH CHAPARRAL I-35 E P R IV A T E CHESTNUT PRI VATESUNSET GANZER PANHANDLE EGAN HIGHLAND CRESCENT PRIVATEWAYNE MAPLE POST O AKPRIVATETAMARACK UNDERWOOD I-35ECROSSOVERI-35Ramp I-35Ramp CHURCHILL LIVE OA KBROOKE PRIVATE PRIVA TEPRIVATE PRI V A T E SAN GABRIEL PRIVATE BEALL AMYX REATA YE LL OW ST ON E PA RK PARKVIE WPRI V AT E PRIVATE CHERRYWOODTEASLEYPRIV ATEPRIVATE SAULS PRIVATEELMI-35 SERVICE RDPRIVATECORINTHS O U T H P O N D PRIVATET RI NI TY FALLMEADOWSHERMANPRIVATEWESTGATEPRIVATEFISHTRAP PRIVATE CLUB V IE WPRIVATEEMERSON LOOP 288 PR IV ATEFM 156WI L DW O O DBRADLEYLOOP 288 I- 3 5W Ram p O A K H O L L OW PRIV AT E PRIVATEPRIVATE BLACKOAKWOO D LA NDPRIVATELOOP288 PRIVATECRAWFORD COLLINS PRIVATE OLD JOHN PAINEN I-35ERampPRIV A T E NAILWEL LI NG TON OA KS INGLEWOODNORTHPOINTESAN LUCASNORTHWAYE L L I S O N P A R K SHERMAN PRIVATE MANOR COURTWOODVIEWPRIVATEPRIVATETRAILHEADAILEENLEONSCRIPTURE PRIVATE PRIVATEP.R. 803SONOMA PARADISETOWN CENTERHICKORY B R U S H C R E E K AUSTINOAKVIEWI-35 SERVICE RDPRIVATE CLEARLOOP 288 PRIVATEPRIVATE EMERY SPRINGFIELD PRIVAT E PRIVATEPLUMBAGOVISTAVIEWCONDITTPUBLICALLEYPRIVATE MILAM I-35WRampCORDELL SPRINGVALLEYDAUGHERTY RUIDOSAMAL I BUPIEDMO NT E DOB B S COLLINS WIL SONWOODLOCKHURSTTELESESTACYHARBOURMISTNOB HILLAILEENI- 3 5W R am p MULKEY ROBIN PRIVATEALLENWOODSIDELOIRE G LE NVIEW WESTWARD GOBERGEORGETOWNDANAOAK VALLEYPERIMETERDESTINPRIVATEDEERWOODAMBROSIA PRIVATEATHENSP R IV AT E PINE HILLSDUNESPRI VA TERUDDELLOAK TREE HAZELVIEWL A K E C OUNT R Y HINKLEY OAKWHEELERRIDGEPRIVATESOLEDAD LONGMONT KNOLLPINESJOHN PAINEO X F OR D WIND R I V ER PRIVATE PRI VATEKINGSWOODLEWIS PR IV ATE HUNTERSCREEKMARK FOXMARINA YUCCA PRIVATETUCKERTRAILLITTLE JOE MONTECARLOOAKHILLFAWN RIDGEOLYMPIAGRASSLAND ALEGRE VISTA CA S TL E P INE S RINGTAILSHAGBARK TWILIGHT LAK E S I DEWATERS PRIVATEBRIGHTONPRIVATEPRIVATEHILL MIN GO HOLLISTER SHARONDOUBLEOAK C OWLING CORBIN REDSTONECRAIGFALLMEADOWCYRUS WOODCREEKKINGSCOITVINTAGEPRIVATE CUNNINGHAMBROKEN BOWCARROLLHIALEAHSILVERSAGE BA LB OA ROLLING GREEN MEADOWVIEW PR I V A TE OL D H WY 77 PARKRIDGEGESSNERBELMONT PARK REDBUDDEVONSHIRE NEWPORT MEADOWV IEWPOCKRUSPAGE P.R.808 CRESTV IE W EVERSPRIVATE AMISTADBROOKVIEW WINS TON MILL WILDERNESSLIBRARY CROSSTREESSEA COVE CHURCHILL PHOTINIAPRIVATEA B B O T'SOAKLANDLAUREL LAMPLIGHTER WINSLOW MULKEYSILVER DOME VISALIA RAILROADS I-35ERampCRESTMEADOW PR I V AT E BENTTREECHAPEL MILLWOODSELENE ALAMO I-35W RampNE W BALLING ER CHAMPLAIN S I-3 5E Ra mp GROVELANDTERRACE P.R. 8 09 PRIVATEI-35 R am p WOODHAVENHWY 1173 ALTIUS MULBERRY BOYDINDIANPAINTSARANACCLUBHOUSEP R IV A T EWOODHAVEN THISTLE RIDGE SHADY SHORES BLUE SKYMOHICAN RIVERINE I-35W RampPROVENCETHISTLECHEBI BRADSHAWNAPA VALLEYRESEARCH SAI NTCLAIR EARM STR ONG RAINTREEBARRYDALEBLACKWALNUTCL A RE T MISTYWOOD AUSTINTRISTANMA LLIFRESCAFALLS PR I VA TE GARDENSILVERMEADOW O S A G E JOHN COLLEGE MAY LOOP 288BE R NI C E J O N E S PRIVATE LEAFYPUBLICALLEY PRIVATEPRIVATE DA LL AS YARBROUGHWINDSWEPT CREEKDALEW IN TERCRE EK TRAILSIDESAN D Y CRE E KPRIVATE PUBLICALLEYCEDARWAT ER SI DEFANNIN PECAN COMO LAKEWALNUT AN T LER DO W N IN G CLEARRIVERJ A C K S ON BROCKNORTH FORTY PRIVATE CL EM SO N PRES SH ALIMA R ELMSOMERESTPRIVATE LATTIMORE PRIVATECROMWELL TWIN BROOKTURNDONNAPRIVATE RED BUDPRIVATE A M E R I C A N PRIVATE LANCEASHLEY PRIVATE DEL ROXBURYTEASLEYWHITE DOVEPRIVATEPRIVATEMALONEMcKAMY FLADGER FALLMEADOW PA R K V I E W PRIVATEPRIVA TECASTLE LAS BRISASTHUNDERBIRD WESTMINSTEROLD LEE OAK PARK HIDDENMEADOWSKENDOLPHPRIVATEPEPPERIDGE OAKSHIRE CANDY GREEN BRANCH JUNO STONEGATECOOPER CREEKI-35E SERVICE RDPENNSYLVANIA CREEKDALE PRIVATE BARROW JOHNSON WESSEXOCEANVIEWHAZELWOODPRIVATE STRATFORD KENTUCKYDERBY I-3 5 Ra m p PRIVATE PRIVATEPRIVA TELEAFY O S P R E Y PR IVA TE STONETRAILPACENORTHWOODBRANTSAINTSSAN SEBASTIAN BRETONCOUNTRY CLUBDOVER HOBSON CREEKDALECARLI SLE PRIVATEPRIVATERANCHMANPRIVATEMOUNTSBRITTANY HILLBRISASCHAPEL PINEWOO D KARINA P R IV AT E PRIVA T E LONGFELLOWRICHMONDS O U T H RI DG EBRADSHAWEMERY CHEVELLYEAGLE PRIVATEORRNOT TIN GH AM MURRAY S. 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LIVELY PRIVATESHADY OAKSHAMIL TONBRITTSPRING OAKMONTFINCHER VALLEY VIEW BRUSH CREEK CORBINHILLVIEW PRI VA T EWOODLAND HILLSSHADY OAKS SHAD Y O A K SPRIVATEPRIVATE RINEY I-35E SEABORN MEDPARKPRECISIONSOMERSET GOLDEN HOOFLARIATMEADOW LARKOAK I-35W RampI-35 SERVICE RDUNIVERSITY MAYHILLCOUNTRY VIE W FAIRWAY ACRESWOLF RUN WARSCHUN PRIVATEOAK FORREST LANEYP RIV ATE SHADY OAKSTIM BER GREEN ROLLIN GHILLS RUDDELLTRINITYSETTLERSCREEKFM 2164FARRISJAMESLOON LAKE LA CROIX PRIVATE SANDERS CARPENTER CO LO RA D OWOOD HOLLOWCHAPARRAL QUAIL CREEK BI DDY B Y E PRIVATE TOM COLE LAKE SHOREFM 2153WESTCOURTMILAMPRIV ATECULP BRANCHWALTONCOLLINSCHRISTIHARTLEE FIELD CHURCH COLLINSPRI V AT E MASCH BRANCH COUNTRYSIDEINDIAN WELLSBRITTMESQUITE RIDGEFOSTEROAK BENDC TAYLORCHINN BARTHOLDI-35W ServiceREINING WOODROWBURGER THOMAS J . EGANAMYX HILLLOOP 288 PRI VATEGIBBONSROSELAWNT.N. SKILESMASCH BRANCH ZACKERYLOOP 288 ALLRED PR I V A T E 1 6 4 8 7 5 2 Parks System Map Half Mile Buffer Population !(Existing Recreation Centers Parks Buffer Half Mile Greenbelt Trail Open Spaces Parks Denton Branch Rails To Trails School Property City Limits 1 inch = 2,000 feetμ This map is a graphic representation prepared by the City ofDenton, Engineering GIS Department and is intended for use only as a reference. Data depicted here is not guarenteed foraccuracy and may be subject to revision at any time without notification. A Registered Surveyor for the State of Texas was not consulted. For Survey level accuracy, supervision, and certification of the produced data by a Registered ProfessionalLand Surveyor for the State of Texas would have to be performed. 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 10, 2017 TO: The Honorable Mayor Watts and Council Members FROM: Todd Hileman, City Manager SUBJECT: Decision to Remove Encampment in Pebblebrook Park EXECUTIVE SUMMARY: On Monday, November 6, an encampment of homeless individuals located in Pebblebrook Park was removed and cleaned up. Staff sent an ISR to the City Council last week explaining the history of the camp, the continued public health and safety concerns, and the steps taken to assist the individuals on site and remove the camp. Staff would like to provide additional information on the concerns and dangers posed by the encampment and why the decision was made to remove it after more than a year of interaction with the site. Although staff is aware that several other homeless/transient camps exist in the community (and are occasionally monitored by City staff), this camp developed to become a serious public health and safety hazard for individuals on site, the surrounding properties and neighborhoods, and for responding public safety personnel. BACKGROUND: History At least three years ago, transient/homeless individuals began camping in several locations in the area of E. McKinney St. and Loop 288, including a secluded wooded area of City property along Pecan Creek south of McKinney between Loop 288 and Mayhill called Pebblebrook Park. The Police Department has received calls in the area attributable to the homeless for years, but the Pebblebrook Park location remained relatively quiet and undiscovered until last year. Please see below map which shows the location. 2 The Homeless Outreach Team first became aware of the encampment a year ago and has maintained contact with individuals staying at the encampment through their activities. The Homeless Outreach Team is a seven member team with representatives from Denton Police, Giving Hope, Denton County MHMR, and a paramedic from Denton Fire. Their goal is to meet homeless individuals in their environment and provide them with information on housing, employment, and benefit resources they may qualify to receive. The encampment grew considerably in population and area size since their first encounter, with an estimated occupancy peak of 30 individuals. There have been an increasing number of public health and safety concerns after many interactions, warnings, and attempts to resolve those concerns. Timeline Public Health and Safety The following depicts a general timeline and increasing concerns for public health and safety concerns:  From October to December 2016, the Police Department responded to 16 calls for service in the area of the camp. In each of these instances, the caller believed the person causing the issue was homeless. This could not be confirmed in some cases, and in other cases when a homeless person was identified it is uncertain where they may have been residing. Many of these calls centered around an abandoned house at 524 S. Loop 288, which is across Loop 288 from the Pecan Creek camp site, but easily accessible by the creek under the Loop bridge. Community Improvement has been working an ongoing case on the house. Many of the other calls centered around 525 S. Loop 288. This is a business/ property owned by the Martino Group. Complaints included people bathing publicly, charging their cell phones, public urination, grass fires, and thefts.  In 2017, the Police Department responded to 9 similar calls in those areas. Police also began responding to calls at the business strip center at 3730 E. McKinney for criminal mischief, disturbances, and trespassing. The complainant of at least 8 of those, which was the property manager for the strip center, attributed all of the calls to homeless persons.  In January 2017, Police became aware of the encampment growing during the Point-in- Time survey conducted. In April 2017, Police was again notified by community members with concerns. Police looked into it and found that as many as 12 people were living on the City property and a segment of private property.  Between April and August 2017, officers and the Homeless Outreach Team made numerous visits and contacts to the location, identifying several individuals and making referrals to resources. Due to complaints, the private property owners in the area were contacted and enforcement authorizations were received.  In August 2017, due to continued complaints, Police contacted the Parks Department to start discussions on trimming brush and a cleanup of the area.  Staff from several departments continued discussing a systematic approach to be sure that no one’s civil rights would be violated and that everything possible was being done to provide services to the people in the camp. Officers making visits to the camp followed the Police Department’s Standard Operating Procedure for Homeless Response.  The Homeless Outreach Team visits included members with Giving Hope. Giving Hope completed VI-SPDAT surveys on everyone they met at the camp. These were then entered into HMIS. One couple that Giving Hope had housed earlier in the year was at 3 the camp in October 2017. According to Giving Hope, this couple refuses to seek employment and therefore cannot sustain the housing that was provided.  Since August 2017, the Fire Department responded to 9 fire calls in the area of the camp. The Fire Department has extinguished fires resulting from burning piles of plastic bags with cans in it, to an entire air mattress, to large trash burns. The trash piles are usually around 3 ft tall and 4 ft wide. In addition, Fire personnel have responded to at least 5 grass fires in the area.  In August 2017, PD officers and the Homeless Outreach Team began warnings to the campers that they would need to vacate in the near future. Referrals were made to Salvation Army and MKOC.  In October 2017, PD took Dr. Rod Munsell, veterinarian, to the camp. Dr. Munsell vaccinated 9 cats and dogs. Public Safety Calls In addition to the public safety responses described above, below are the related call volumes from the last year:  Fire Department– Over the past 12 months, the Fire Department responded to 24 incidents, with 15 of those incidents occurring in the last 6 months alone. Please see below a breakdown of incident types: o Fire Calls (Investigation of Smoke, Illegal Burning, Grassfire): 16 o EMS Calls (Medical Emergency, Heart Attack, Injured Persons, Unconscious Person): 8  Police Department– There were 28 Police calls in 2016 and 14 calls year-to-date in 2017 for service in the area of the camp. Calls for service included response to intoxicated persons, controlled substance, criminal mischief, criminal trespass, suspicious person, theft, disturbances, and more. Decision to Remove the Encampment After an increase in activity and calls, a site assessment of the location was initiated in October 2017. Collectively, the Denton Police Department, the Denton Fire Department, Parks and Recreation, Community Development, and Solid Waste assessed the situation in late October and determined a course of action was necessary. The following was considered in the operational decision making:  Increased number of calls (weekly) by Fire Department personnel for fires.  Fires had grown beyond small cooking fires to large trash pile burns.  Repeated requests by fire suppression personnel to stop burning were repeatedly ignored.  Fire personnel observed numerous propane tanks, gas generators, unknown chemicals, and other highly flammable items in an area with repeated Fire suppression calls. The items continued to proliferate in spite of warnings from public safety staff.  Increasing accumulation of trash and debris increased fire risks.  Increasing accumulation of trash and debris raised additional concerns about the health and safety of the environment.  Numerous resident complaints were received and passed on through the Police Department, CMO, and Council Members.  The PD explored options to discourage the encampment, including clearing brush and trees, posting no trespassing signs on the City property, and clearing the property of trash, debris, etc., collaborating with the City Attorney, Parks, Community Improvement, Giving Hope, MHMR, and United Way Homeless Leadership Team coordinator. 4  The Homeless Outreach Team made several visits and contacts to the location, identifying several individuals and making referrals to resources since the discovery of the camp. The Outreach Team assisted with the coordination and notification of the encampment removal. Following a review of the property history by an internal team comprised of CMO, Fire, and Police personnel, the group decided to move forward with the clean-up of the encampment. Campers had been provided services throughout the year, knew of the services and shelters available, and could set up camp elsewhere. Staff believed they had followed a process that thoroughly warned the campers of the coming cleanup and informed them of the issues leading to the cleanup. On November 6, 2017, Park Maintenance staff, with the assistance of equipment from Solid Waste, performed the collection and disposal of trash and debris. Police and Community Development representatives were present along with paramedics from the Fire Department to provide assistance to both Park staff and individuals at the encampment. Due to the 10 day notice provided, the majority of individuals camping at the site had relocated and found new places to go. Assistance Provided As mentioned, the Homeless Outreach Team visits included members with Giving Hope and the United Way. Giving Hope completed VI-SPDAT surveys on everyone they met at the camp. These were then entered into HMIS. For privacy reasons, names cannot be collected as the encampment was removed and cleaned up, so there is no way to know where the individuals went. Even if the information were to be asked for, it is likely that most individuals would not be willing to share where they were going since they were being removed from the site. Lessons Learned Staff will try to provide more advanced notice to the City Council in the future if a decision is made to clean-up an encampment or area with the details and reasoning behind the decision. In addition, staff is reaching out to other cities more experienced in relocating encampment areas to see if any example protocols exist. A more formal notification procedure for homeless residents will be developed and shared with Council in case this should be necessary again. CONCLUSION: The decision to remove the encampment was well thought out and deliberated. The severity of the continued health and safety concerns could not be ignored with the responsibility and duty to protect and serve those individuals, the surrounding properties and neighborhoods, our first responders, and the entire community. Had anyone been fatally injured in a fire, this situation would be a major story, and that was becoming an increasing possibility. As has been previously stated, public safety and human service providers are actively monitoring at least five other encampments. The residents of these encampments are cooperating and not escalating the types of public safety issues that the Pebblebrook Park encampment was causing and City staff has been instructed to treat those folks with the utmost kindness and be of assistance when possible. Date: November 10, 2017 Report No. 2017-082 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Overview of Ordinance 2015-121 (Smoking Ordinance) EXECUTIVE SUMMARY: Passed on April 21, 2015, the ordinance repealed and replaced previous smoking ordinances and made it, “unlawful for any person to smoke or possess a lit tobacco, weed or other plant product or to smoke an electronic cigarette (e-cigarette)” in certain places. The majority of the ordinance went into effect in August of 2015, 120 days after the ordinance was passed. The final component of the ordinance, which will go into effect on Dec. 31 2017, relates to bars that allow smoking. "A bar operating as a 'smoking bar' as of the date of passage of this ordinance shall cease operating as a 'smoking bar' on or before Dec. 31, 2017 and shall thereafter comply with all provisions of this ordinance." BACKGROUND: What preceded Ordinance 2015-121? Ordinance number 2012-367, passed on Dec. 18, 2012, prohibited smoking in certain facilities. These included all city facilities and vehicles, bowling alleys, restaurants, and with some exceptions: retail establishments, places of employment, and bars. This ordinance specifically did not prohibit smoking in seven different facilities, which included private residences, vehicles, and clubs, patios of restaurants or bars, bingo parlors, tobacco shops and cigar bars, and bars that do not employ or admit persons under 18 years of age. Ordinance 2015-121 repealed and replaced ordinance 2012-367. DISCUSSION: What did Ordinance 2015-121 change?  Passed on April 21, 2015, the ordinance repealed ordinance 2012-367 and made it, “unlawful for any person to smoke or possess a lit tobacco, weed or other plant product or to smoke an electronic cigarette (e-cigarette)” in certain places. These places included all of those mentioned in ordinance 2012-367, and added “Any location which is within thirty (30) feet of a street-front main entrance where smoking is allowed or, if a business Date: November 10, 2017 Report No. 2017-082 has a front patio where smoking is allowed, within (30) feet of the boundaries of such patio.”  Similar to ordinance 2012-367, this ordinance listed several places where smoking is not prohibited. Whereas the previous ordinance listed bars (with the caveat that they not admit persons under the age of 18), this ordinance did not list bars as an exception. Instead, the ordinance lists “smoking bars” with the provision that they will cease operating as such on or before Dec. 31, 2017 and come into compliance.  Prohibited the sale of electronic cigarettes to minors When was the rule effective that prohibited smoking within 30 feet of a storefront entrance? It was effective in August of 2015, 120 days after the passage of ordinance 2015-121. As of that date, smoking within 30 feet of all storefront entrances was prohibited. The delayed implementation to sunset “smoking bars” taking place on Dec. 31, 2017 does not introduce any changes related to this rule. Therefore, as an example, there should be no smoking on the sidewalks in front of businesses on the square. Staff will work with Health Inspectors and the Police Department to educate business owners and patrons of the regulations and gain compliance. When did/do the changes go into effect? The final component of the ordinance, which will go into effect on Dec. 31 2017, relates to bars that allow smoking. "A bar operating as a 'smoking bar' as of the date of passage of this ordinance shall cease operating as a 'smoking bar' on or before Dec. 31, 2017 and shall thereafter comply with all provisions of this ordinance." The majority of bars in Denton are already in compliance with this ordinance. Staff is aware of 6 bars in Denton that currently allow smoking inside. 1. The Loophole 119 W. Hickory St. 2. Porky’s 8430 W University Dr. 3. JR Pockets 1127 Fort Worth Dr. 4. Hooligan’s 104 N. Locust St. 5. Vitty’s 1776 Teasley Ln. 6. Dusty’s 119 S. Elm St. Health Inspectors have met with each of these establishments and the management of each is aware of the upcoming change. It is estimated that approximately 10 bars in Denton currently have smoking patios, which are allowed under this ordinance. How does enforcement work? Date: November 10, 2017 Report No. 2017-082 Health Inspectors inspect restaurants and bars twice annually to ensure compliance. Additionally, establishments are inspected in response to complaints, generally on the same day. The owners/managers of any establishment can be, upon conviction, fined up to $2,000 per infraction for violations of this ordinance. To date, Health Inspectors are not aware of any citations related to this ordinance. The Police Department responds to calls complaining of individuals smoking in a non-smoking area. To date they have received only one such complaint. Upon responding, they did not observe a violation. In cases where officers have directly observed violations, they have given verbal warnings and gained 100% compliance. The Police Department does not anticipate an acceleration of complaints in the future. How did the City communicate with residents when the ordinance was passed in 2015?  As prescribed by the ordinance, the City placed a notice in the Denton Record Chronicle within 10 days of the ordinance being passed.  A press release was distributed to the media and also placed on the City’s website. The ordinance was widely reported on.  The City posted information via social media, which received more than the normal amount of interaction.  The to-be-affected business owners were sent a letter, both when the ordinance was passed and when the ordinance went into effect.  “No Smoking” signs were made available to business owners through Health Inspectors prior to the ordinance going into effect. These signs remain available through Health Inspectors. CONCLUSION: What communications are planned for the future?  Letters have been distributed by Health Inspectors to the bars that will be affected by the final component of the ordinance (related to “smoking bars”). Those inspectors have also offered door signs to the business owners. In these discussions, bar owners and managers have indicated to the Health Inspectors that they were already aware of the upcoming implementation.  Letters are also being mailed to bars in the city to remind them of the upcoming implementation.  In the coming month the following communications are planned to help inform and remind residents of the ordinance: o Press release o Notice in the Denton Record Chronicle Date: November 10, 2017 Report No. 2017-082 o Article in the Dec./Jan. issue of the Resident Update newsletter o Social media posts ATTACHMENT(S): Ordinance 2015-121 Ordinance 2012-367 Image of “No Smoking” signs available through Health Inspectors Letter to businesses regarding the upcoming change STAFF CONTACT: Brian Daskam Public Information Officer (940) 349-7567 Brian.Daskam@cityofdenton.com SALegal \our Documents\Ordln ces \15\Smoking Ordlnance.docx ORDINANCE NO. 2015-121 AN ORDINANCE OF THE CITY OF DENTON, TEXAS DESIGNATING PORTIONS OF CERTAIN RETAIL ESTABLISHMENTS, PUBLIC BUILDINGS, AND FOOD ESTABLISHMENTS AS NONSMOKING AREAS; PROVIDING NOTIFICATION REQUIREMENTS; PROHIBITING SMOKING IN DESIGNATED NONSMOKING AREAS; PROVIDING EXCEPTIONS; PROVIDING PENALTIES; PROVIDING A SEVERABILITY CLAUSE, REPEALING ORDINANCE 2012 -367, AND ANY OTHER ORDINANCE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton recognizes that the smoking of tobacco, weeds or other plant products has been demonstrated to have a detrimental effect on not only the smoker but others in close proximity to the smoker; and WHEREAS, the City Council of the City of Denton adopted Ordinance Number 2012- 367 which recognized that the smoking of tobacco, weeds or other plant products has been demonstrated to have a detrimental effect on not only the smoker but others in close proximity to the smoker and which established regulations governing smoking in the City of Denton; and WHEREAS, upon further review, the City Council of the City of Denton has determined that it is the best interest of the citizens of the City of Denton to adopt additional regulations governing in the City and expanding the said regulations to include vapor products within the definition of smoking; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Definitions. The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Bar means an enclosed indoor establishment that is open to the public and is devoted primarily to the sale and service of alcoholic beverages for on- premises consumption. Billiard Hall means a place of amusement for which the chief purpose is providing the use of billiard /pool tables to the public. Bingo parlor means an establishment owned, operated, or administered by a person or entity licensed or permitted by the State of Texas pursuant to V.C.T.A., Occupations Code, Chapter 2001. Cigar Bar means an establishment used primarily for the sale of cigars, cigar- related products, and alcoholic beverages, and does not allow admittance to or employ persons under the age of eighteen (18), and is equipped with a commercial walk -in humidor of not less than 350 cubic feet or a reach -in humidor of not less than 180 cubic feet with a humidifier which maintains a set humidity through evaporation and diffusion and is connected to a reverse osmosis filtration SALegal \Our Documents \0rdinances \15 \Smoking Ordinance.docx system for constant supply of water. Electronic Cigarette (e- cigarette) means any electronic oral device, such as one composed of a heating element, battery, and /or electronic circuit, which provides a vapor or aerosol of nicotine or any other substance, and the use or inhalation which stimulates the smoking of a tobacco cigarette, pipe or cigar. "Electronic cigarette" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, and electronic cigar, an electronic cigarillo, an electronic pipe, electronic hookah, or under any other similar produce name or descriptor. The term electronic cigarette does not include any asthma inhaler or other similar device that has been duly prescribed by a licensed physician. Employee means an individual in the service of another under a contract of hire, whether express or implied, or oral or written, for direct or indirect monetary wages or profit, or an individual who volunteers the individual's services for an employer. Employer means a person or entity who uses the services of another under a contract of hire, whether express or implied, or oral or written, or uses the volunteer services of one or more individuals. Facility means improvements of a vertical nature, including, but not limited to, buildings, sheds, garages, and stadium structures and excluding horizontal improvements such as sidewalks, streets and parking lots. Fraternal Organization means a non - profit organization that: 1) is tax exempt under Section 501(c)(8), (10), or (19) of the Internal Revenue Code; 2) operates under a lodge system with a representative form of government; and 3) is organized for the exclusive benefit of the members of the organization and their dependents. Healthcare Facility means an office or institution in which care or treatment is provided for physical, mental, or emotional diseases or other medical, physiological, or psychological conditions. Operator means the owner or person in charge of a public place or place of employment, including an employer. Open -aired Outdoor Patio means an outdoor space generally used for dining or recreation that adjoins a building and typically has an improved floor surface. Place of Employment means an enclosed facility under the control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, construction areas, and temporary offices. This definition does not include such outdoor areas as construction sites, parking lots, or designated smoking areas, or any area where smoking is specifically allowed under this ordinance. 2 S.\Legal \Our Documents \Ordinances \15 \Smoking Ordinance.doex Private Club means an organization that owns, leases, or occupies a building used exclusively for club purposes at all times and: 1) is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain; 2) sells alcoholic beverages only incidentally to its operation; 3) the affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting; 4) has established bylaws or a constitution to govern the club's activities; and 5) is exempt from federal income taxation under Section 501(a), Internal Revenue Code, as a club described by Section 501(c) (7) of that code. Public Place means an enclosed area the public is invited or allowed to enter. Restaurant means an enclosed indoor establishment that is open to the public and is devoted primarily to the sale and service of food for immediate consumption. The term includes a bar located within the establishment. Retail establishment means any establishment which primarily sells goods and /or services to the general public. Smoke /Smoking means to inhale, exhale, burn, or carry a lighted cigar, cigarette, pipe, or other smoking equipment, containing tobacco, weed, or other plant product or the use of an electronic cigarette or similar device. Tobacco Bar means a business that: 1) holds a permit under V.C.T.A., Tax Code, Chapter 155; 2) holds an alcoholic beverage permit or license issued under V.C.T.A., Alcoholic Beverage Code, Chapters 25, 28, 32, or 69, or under V.C.T.A., Alcoholic Beverage Code, Section 11.10; 3) post a conspicuous sign at the main entrance of the establishment that contains the words "This is a Tobacco Bar. Smoking is permitted in this establishment." and which includes the universal symbol for smoking, or other language that clearly indicates that smoking is permitted in the said establishment; 4) does not employ or allow admittance of persons under the age of 18; and 5) generates at least 15% of its quarterly gross revenue from the sale of tobacco or tobacco - related products. 3 SALega1 \0ur Documents \Ordinances \15 \Smoking Ordinance.docx Tobacco Shop means a specialty retail establishment used primarily for the sale of tobacco products and accessories and in which the sale of other products is incidental. Vape Shop means a specialty retail establishment used primarily for the sale of e- cigarette products and accessories and in which the sale of other products is incidental. SECTION 2. Smoking prohibited in certain public places. a) It is unlawful for any person to smoke or possess a lit tobacco, weed or other plant product or to smoke an electronic cigarette (e- cigarette) in any of the following public places: 1) An elevator used by the public; 2) Healthcare facilities; 3) Any facility owned, operated or managed by the city; 4) Any vehicle owned by or under the control of the city; 5) Any retail establishment serving the general public except as otherwise permitted in this ordinance; 6) Lobbies, hallways, and other common areas in retirement facilities and nursing homes; 7) Any facility of a primary or secondary school; 8) Child care and adult day care facilities; 9) A privately owned theater auditorium, movie house, or other enclosed facility which is open to the public for the primary purpose of exhibiting any motion picture, stage drama, musical recital, athletic event, or any other performance or event; 10) Parks facilities and public libraries, including exterior corridors, and any area within 30 feet of any public entrance thereto; 11) Museums; 12) Restaurants; 13) Bars, except as otherwise permitted in this ordinance; 14) Lobbies, hallways, and other indoor public areas in-hotels and motels; 15) Bowling alleys; 0 SALegal \Our Documents \OrdinancesUMSmoking Ordinance.doex 16) Pool/billiard halls; 17) Polling places; 18) Bingo Parlors, except as otherwise permitted in this ordinance; 19) Public transportation vehicles, including buses and trains, and within thirty (30) feet of facilities in support of public transportation such as ticket, boarding, shelter, and waiting areas; and 20) Any establishment or facility declared to be non - smoking under Section 4(b) of this ordinance. 21) Any location which is within thirty (30) feet of a street -front main entrance where smoking is allowed or, if a business has a front patio where smoking is allowed, within (30) feet of the boundaries of such patio. SECTION 3. Smoking prohibited in places of employment. a) It is unlawful for any person to smoke or possess a lit tobacco, weed or other plant product in places of employment, except as provided in this ordinance. b) An employer shall communicate this prohibition to all prospective employees upon their application for employment. SECTION 4. Smoking not prohibited in certain places. a) Notwithstanding any other provision of this ordinance, the following areas shall not be subject to the smoking restrictions of this ordinance: 1) Private residences, except when used as a child care, adult day care, or health care facility; 2) Personal vehicles; 3) Private clubs and fraternal organizations; 4) Open -aired outdoor patio of a restaurant or bar; 5) Bingo Parlors which provide a solid physical barrier to separate the non - smoking section. Any bingo parlors existing on the date of passage of this ordinance shall have until April 19, 2016 to construct such barrier. Any bingo parlor established after the effective date of this ordinance shall not be entitled to this exception and shall comply with all other provisions of this ordinance; 6) Tobacco shops, tobacco bars, cigar bars, and vape shops; 5 SALegal \Our Documents \OrdinancesUMSmoking Ordinance.docx 7) Bars operating as "smoking bars" as of the date of passage of this ordinance: 1, which do not allow admittance of persons under the age of 18; 2, which post a conspicuous sign at the main entrance of the establishment that contains the words "Smoking is permitted in this establishment" and which includes the universal symbol for smoking, or other language that clearly indicates that smoking is permitted in the said establishment; and 3. which do not have an open -aired outdoor patio. A bar operating as a "smoking bar" as of the date of passage of this ordinance shall cease operating as a "smoking bar" on or before December 31, 2017 and shall thereafter comply with all provisions of this ordinance. b) Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility described in this section, may declare the entire establishment or facility as a nonsmoking establishment by posting the establishment or facility as such pursuant to Section 5 of this ordinance. SECTION 5. Signage. a) The owner or person in control of an establishment in which smoking is prohibited by this ordinance shall: 1) Post a conspicuous sign at the main entrance to the establishment that shall contain the words "No Smoking, by City of Denton Ordinance" and which includes the universal symbol for no smoking, or other language that clearly prohibits smoking; and 2) Remove all ashtrays from any area in which smoking is prohibited. SECTION 6. It shall be unlawful for any person to sell or give an electronic cigarette or any paraphernalia to any person under eighteen (18) years of age. SECTION 7. If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. C SALegal \Our Documents \0rdinances \15 \Smoking Ordinance.doex SECTION 8. Penalties. Any person violating this ordinance shall, upon conviction, be punished by a fine not to exceed Two Thousand Dollars ($2,000.00). SECTION 9. Ordinance 2012 -367 is hereby repealed. SECTION 10. This ordinance shall become effective one - hundred twenty (120) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record - Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY RIN APPR( ED AN TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY:... VA FILE REFERENCE FORM 2012-367 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Re ealed b Ordinance No. 2015-121 04/21/ 15 JR s:llegallour documentslordinances112\smolcing regulations ordinance (12-1816).doc ORDINANCE NO. 2 12-367 AN ORDINANCE OF THE CITY OF DENTON, TEXAS DESIGNATING PORTIONS OF CERTAIN RETAIL ESTABLISHMENTS, PUBLIC BUILDINGS, AND FOOD ESTABLISHMENTS AS NONSMOKING AREAS; PROVIDING NOTIFICATION REQUIREMENTS; PROHIBITING SMOKING IN DESIGNATED NONSMOKING AREAS; PROVIDING EXCEPTIONS; PROVIDING PENALTIES; PROVIDING A SEVERABILITY CLAUSE, REPEALING ORDINANCE 86-69, ORDINANCE 93-193 AND CHAPTER 14 ARTICLE IV (SMOKING) OF THE CODE OF ORDINANCES, AND ANY OTHER ORDINANCE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton recognizes that the smoking of tobacco, weeds or other plant products has been demonstrated to have a detrimental effect on not only the smoker but others in close proximity to the smoker; and WHEREAS, the City Council determined it to be in the public interest to consider the possibility of enhancing the City's smoking regulations; and WHEREAS, the City Council enlisted the assistance of an ad-hoc citizen's advisory committee to review smoking regulations in Denton; and WHEREAS, this committee met on October 11, October 25, November 15, and December 3, 2012; and WHEREAS, this committee has forwarded certain recommendations regarding smoking regulations to the City Council for consideration; and WHEREAS, the City Council is appreciative of the worlc of this committee, and finds it in the public interest to enact enhanced smolcing regulations in the City of Denton; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Deiinitions, The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Bar means an enclosed indoor establishment that is open to the public and is devoted primarily to the sale and service of alcoholic beverages for on-premises consumption. Billiard Hall means a place of amusement for which the chief purpose is providing the use of billiard/pool tables to the public. Bingo parlor means an establishment owned, operated, or administered by a person or entity s:llegal\our documents\ordinances1121smoking regulations ordinance (12-181b).doc licensed or permitted by the State of Texas pursuant to V.C.T.A., Occupations Code, Chapter 2001. Cigar Ba means an establishment used primarily for the sale of cigar, cigar-related products, and alcoholic beverages, and does not allow admittance to or employ persons under the age of eighteen (18). Employee means an individual in the service of another under a contract of hire, whether express or implied, or oral or written, for direct or indirect monetary wages or profit, or an individual who volunteers the individual's services for an employer. Employer means a person or entity who uses the services of another under a contract of hire, whether express or implied, or oral or written, or uses the volunteer services of one or more individuals. Facility means improvements of a vertical nature, including, but not limited to, buildings, sheds, garages, and stadium structures and excluding horizontal improvements such as sidewalks, streets and parking lots. Fraternal Organization means a non-profit organization that: 1) is tax exempt under Section 501(c)(8), (10), or (19) of the Internal Revenue Code; 2) operates under a lodge system with a representative form of government; and 3) is organized for the exclusive benefit of the members of the organization and their dependents. Healthcare Facility means an office or institution in which care or treatment is provided for physical, mental, or emotional diseases or other medical, physiological, or psychological conditions. Operator means the owner or person in charge of a public place or place of employment, including an employer. Open-aired Outdoor Patio means a patio that has no fencing surrounding the seating area of the patio, except for open-aired construction (such as wrought iron, slats, or lattice work), or fencing which would allow for more than 50 percent light and air penetration, or fences which do not exceed four (4) feet in height. Walls contiguous to the primary business are not deemed fencing within this definition. Ceilings of solid or open-aired construction (such as slats or lattice worlc) are permitted notwithstanding the requirement of 50 percent light and air penetration. Place of Employment means an enclosed facility under the control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, construction areas, and temporary offices. This deiinition does not include such outdoor areas as construction sites, parking lots, or designated smol ing areas, or any area where smoking is specifically allowed under this ordinance. Page 2 of 6 s:llegallour documentslordinances1121smoking regulations ordinance (12-18 lb).doc Private Club means an organization that owns, leases, or occupies a building used exclusively for club purposes at all times and: 1) is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain; 2) sells alcoholic beverages only incidentally to its operation; 3) the affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting; 4) has established bylaws or a constitution to govern the club's activities; and 5) is exempt from federal income taxation under Section 501(a), Internal Revenue Code, as a club described by Section 501(c) (7) of that code. Public Place means an enclosed area the public is invited or allowed to enter. Restaurant means an enclosed indoor establishment that is open to the public and is devoted primarily to the sale and service of food for immediate consumption. The term includes a bar located within the establishment. Retail establishment means any establishment which primarily sells goods and/or services to the general public. Smoke/Smoking means to inhale, exhale, burn, or carry a lighted cigar, cigarette, pipe, or other smolcing equipment, containing tobacco, weed, or other plant product. Tobacco Shop means a specialty retail establishment used primarily for the sale of tobacco products and accessories and in which the sale of other products is incidental. Tobacco Bar means a business that: 1) holds a permit under V.C.T.A., Tax Code, Chapter 155; and 2) holds an alcoholic beverage permit or license issued under V.C.T.A., Alcoholic Beverage Code, Chapters 25, 28, 32, or 69, or under V.C.T.A., Alcoholic Beverage Code, Section 11.10. SECTION 2. Smoking prohibited in certain public places. a) It is unlawful for any person to smolce or possess a lit tobacco, weed or other plant product in any of the following public places: 1) An elevator used by the public; 2) Healthcare facilities; 3) Any facility owned, operated or managed by the city; 4) Any vehicle owned by or under the control of the city; Page 3 of 6 s:llegallour documentslordinances1121smoking regulations ordinance (12- 18 lb).doc 5) Any retail establishment serving the general public except as otherwise permitted in this ordinance; 6) Lobbies, hallways, and other common areas in retirement facilities and nursing homes; 7) Any facility of a primary or secondary school; 8) Child care and adult day care facilities; 9) A privately owned theater auditorium, movie house, or other enclosed facility which is open to the public for the primary purpose of exhibiting any motion picture, stage drama, musical recital, athletic event, or any other performance or event; 10) Public libraries, including exterior corridors, and any area within 30 feet of any public entrance; 11) Museums; 12) Restaurants; 13) Bars, except as otherwise permitted in this ordinance; 14) Lobbies, hallways, and other indoor public areas in hotels and motels; 15) Bowling alleys 16) Pool/billiard halls; 17) Polling places; 18) Bingo Parlors, except as otherwise permitted in this ordinance; 19) Public transportation vehicles, including buses and trains, and within thirty (30) feet of facilities in support of public transportation such as ticket, boarding, shelter, and waiting areas; and 20) Any establishment or facility declared to be non-smoking under Section 4(b) of this ordinance. SECTION 3. Smolcing prohibited in places of employment. a) It is unlawful for any person to smoke or possess a lit tobacco, weed or other plant product in places of employment, except as provided in this ordinance. b) An employer shall communicate this prohibition to all prospective employees upon their application for employment. SECTION 4. Smoking not prohibited in certain places. a) Notwithstanding any other provision of this ordinance, the following areas shall not be Page 4 of 6 s:\legallour documents\ordinances1121smoking regulations ordinance (12-18 lb).doc subject to the smoking restrictions of this ordinance: 1) Private residences, except when used as a child care, adult day care, or health care facility; 2) Personal vehicles; 3) Private clubs and fraternal organizations; 4) Open-aired outdoor patio of a restaurant or bar; 5) A bar that does not employ, or allow admittance to, persons under the age of eighteen (18) years, or which is permitted to sell tobacco products pursuant to V.T.C.A., Health and Safety Code Section 161.086; 6) Bingo Parlors which provide a solid physical barrier to separate the non-smoking section. Any existing bingo parlors shall have three (3) years from the effective date of this ordinance to construct such barrier; and 7) Tobacco shops, tobacco bars, and cigar bars. b) Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility described in this section, may declare the entire establishment or facility as a nonsmoking establishment by posting the establishment or facility as such pursuant to Section 5 of this ordinance. SECTION 5. Signage. a) The owner or person in control of an establishment in which smoking is prohibited by this ordinance shall: 1) Post a conspicuous sign at the main entrance to the establishment that shall contain the words "No Smoking, by City of Denton Ordinance" and which includes the universal symbol for no smolcing, or other language that clearly prohibits smoking; and 2) Remove all ashtrays from any area in which smolcing is prohibited. SECTION 6. If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 7. Penalties. Any person violating this ordinance shall, upon conviction, be punished by a fine not to exceed Two Thousand Dollars ($2,000.00). SECTION 8. Ordinance 86-69, Ordinance 93-193, Chapter 14 Article IV (Smoking) of the Code of Ordinances, and any other ordinance in conflict herewith are hereby repealed. Page 5 of 6 s:llegal\our documentslordinances1121smoking regulations ordinance (12- 18 lb).doc SECTION 9. This ordinance shall become effective one-hundred twenty (120) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of _J, , 2012. MARK A. BURR('TI1IS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: . APPR D A TO LEGAL FORM: ANITA URGESS, CITY ATTORNEY BY: Page 6 of 6 Building Inspections 215 W. Hickory St., Denton, TX 76201  (940) 349-8360 OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 Sept. 26, 2017 Dear Business Owner or Manager: In April of 2015, Denton’s City Council passed Ordinance 2015-121 designating certain establishments as nonsmoking. That ordinance stated that, “A bar operating as a ‘smoking bar’ as of the date of passage of this ordinance shall cease operation as a ‘smoking bar’ on or before December 31, 2017 and shall thereafter comply with all provisions of this ordinance.” Beginning on January 1, 2018, Building Inspections will include compliance with this ordinance as part of our routine inspections. This will include checking for the presence of a conspicuous sign at the main entrance reading “No Smoking, by City of Denton Ordinance” and ensuring that ashtrays have been removed from areas in which smoking is prohibited. Please see the attached ordinance and contact me if you have any questions. Sincerely, Emily Loiselle Assistant Building Official Office: (940) 249-8536 Email: Emily.Loiselle@cityofdenton.com Revision Date 11/10/17 Council Requests for Information Request Request Date Staff Responsible Status 1. Information on cost determination for curb rate vs drop-off rate at landfill 6/5/17 Cox Staff is working on a staffing and operational analysis first before conducting a revised cost of service study. 2. Update on stack of railroad ties– are they being picked up? 6/5/17 Nelson All have been removed, except for a few piles in downtown area. Staff continues to work on closing this item out with the railroad. 3. Discussion of development code criteria for width of streets 6/6/17 Canizares Amendments to Transportation criteria manual are in process. Perimeter Street Paving guidelines were recently adopted. 4. Requests for 1) a full climate cycle analysis for the Denton Energy Center and 2) a health impact study 7/25/17 | 10/24/17 Banks Provide an update later in the year after Black & Veatch study; potential Q1 2017/18 projects. 5. Survey and report of how other municipalities and school districts fund their School Resource Officers, as well as analysis of calls to school and efficiency 7/25/17 Howell Superintendent Wilson asked that this be a larger discussion including the Natatorium and Impact and Drainage Fees. A work session is expected in Nov or Dec. 6. Work session on parking requirements in the Code 8/1/17 McDonald A work session is scheduled for Dec. 5. 7. Info on landfill SUP requirement and a plan to replace or minimize trees that will be removed 8/15/17 Cox Landscape architect being retained. Working with legal counsel on updating SUP. Will provide a briefing to Council by Dec. 5. 8. Request to consolidate Council subcommittees and agendas on the website in one spot 8/22/17 Walters/Kuechler An update is included in the Friday, Nov. 10 report. 9. Work session on recorded rules & procedures for Council meetings 9/19/17 Leal A work session is planned for Dec. 5. 10. Work session on process for when a use category is not clearly defined in the DDC (incl. appeals process and communications to surrounding properties) 9/19/17 Leal A work session is tentatively planned for Dec. 5. 11. Discussion on the process for following up on the tipline 10/10/17 Hileman/Leal On hold until new City Auditor is hired. Request Request Date Staff Responsible Status 12. Joint work session with the Denton Housing Authority 10/10/17 Langley A joint work session is confirmed for City Council luncheon on Dec. 4. 13. Work session on the process for fire recruitments 10/17/17 Paulsgrove A work session is planned for Nov. 14. 14. Work session on recycling for commercial and multi-family properties 10/17/17 Cox An update is planned for the COE in November. Staff will seek the COE’s direction on how to proceed, including plans for a briefing to the City Council. 15. Work session on public restrooms and/or first aid station on the Square 10/17/17 Rosendahl A work session is tentatively planned for Dec. 16. Map of Parks and overlay driving/walking distance 10/24/17 Vorel This item is included in the Friday, Nov. 10 report. 17. ISR on potential for a composting program 10/24/17 Cox An update is included in the Friday, Nov. 10 report. 18. Work session on the Public Improvement District ordinance 11/7/17 Langley/Booth 19. Work session on homelessness / tent city research 11/7/17 Kuechler/Shaw 20. Update on the tree ordinance and on the tree fund 11/7/17 Langley/McDonald 21. Update on hands-free enforcement, including number of warnings and tickets issued 11/7/17 Howell An update is included in the Friday, Nov. 10 report. 22. Information on what it would take for the downtown to be designated a historic landmark 11/7/17 McDonald 23. Information on the charge for the Council DDC subcommittee 11/7/17 McDonald 24. Work session on program to convert aboveground electric utilities to underground 11/7/17 Langley 25. ISR on a status update for 35E highway lighting project 11/7/17 Nelson An update is included in the Friday, Nov. 10 report. 26. Work session and/or report on public education and implementation of the smoking ordinance changes effective Jan 1, 2018 11/7/17 Daskam/Kuechler An ISR is included in the Friday, Nov. 10 report. City Council City of Denton Meeting Agenda City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Work Session Room10:30 AMMonday, November 20, 2017 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Special Called Meeting on Monday, November 20, 2017 at 10:30 a.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following item will be considered: 1. ITEMS FOR INDIVIDUAL CONSIDERATION Consider adoption of an ordinance canvassing the returns and declaring the results of the municipal election to amend the City Charter of the city of Denton on November 7, 2017; entering an order in the records of the municipality declaring that the Chart amendments are adopted; and providing an effective date. ID 17-1585A. NOTE: The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2017 at ________o'clock (a.m.) (p.m.) __________________________________________ CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY’S OFFICE. Page 1 Printed on 11/10/2017 11/10/2017 ◄ Oct 2017 November 2017 Dec 2017 ► Sun Mon Tue Wed Thu Fri Sat 1 2 4 p.m. Public Art Committee 3 4 5 6 9:00 Committee on the Environment 11:30 Council Luncheon(canceled) 5:30 Traffic Safety Commission 6 p.m. Park Board - Canceled 7 2:00 CC Work Session 6:30 CC Regular Session 8 11:00 Economic Development Partnerhsip Board 5:30 pm Airport Advisory Board Meeting 6:30 PM- Planning & Zoning Commission 9 10 11 12 13 9:00 Public Utilities Board 5:30 PM- Historic Landmark Commission 14 9:30 Mobility Committee 12:00 Noon 2nd Tuesday Session 15 16 4:00pm HaBSCo Meeting 17 18 19 20 10:30 Special Called Council Meeting 21 22 23 Thanksgiving Day City Holiday 24 City Holiday 25 26 27 9:00 Public Utilities Board No-Meeting 4:00 PM- Zoning Board of Adjustment 28 10:00 Council Airport Committee 2:00 4th Tuesday Session– Cancelled 29 6:30 PM- Planning & Zoning Commission 30 Notes: More Calendars from WinCalendar.com: 2017 Calendar, 2018 Calendar, Web Calendar with Holidays 11/10/2017 ◄ Nov 2017 December 2017 Jan 2018 ► Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 11:30 Council Luncheon 1:30 Committee on the Environment 5:30 Traffic Safety Commission 6 p.m. Park Board 5 2:00 CC Work Session 6:30 CC Regular Session 6 7 4 p.m. Public Art Committee 8 9 10 11 9:00 Public Utilities Board 5:30 PM- Historic Landmark Commission 12 11:30 Mobility Committee 2:00 2nd Tuesday Session 13 5:30 pm Airport Advisory Board Meeting 6:30 PM- Planning & Zoning Commission 14 15 16 17 18 4:00 PM- Zoning Board of Adjustment 19 20 21 4:00pm HaBSCo Meeting 22 23 24 Christmas Eve 25 Christmas Day City Holiday 26 City Holiday 27 28 29 30 31 Notes: CA-Consent Agenda IC-Individual Consideration WS-Work Session CM-Closed Meeting PH-Public Hearing 11/07/17 FUTURE CITY COUNCIL ITEMS Note: This is a working draft of pending Council items and is subject to change without notice. Meeting Date DeadlinesItemNovember 14 – 2nd Tuesday Session Captions – October 30 Backup – November 10 NLC, Charlotte, NC 11/15-18 WS – Review of the Solid Waste Department’s procedures and internal controls by Weaver Assurance WS – Customer Service Update WS – Black & Veatch Air Permit Report CS – CPI Airport LeaseNovember 20 – Special Called Session 10:30 a.m. Canvas results of Charter election November 21 – No Meeting Thanksgiving, 11/23-24 November 28 – No Meeting December 4 – Luncheon Captions – November 20 Backup – November 30WS – Joint Meeting w/Denton Housing Authority December 5 – Work/Regular Session Captions – November 20 Backup – December 1WS – Park Development/Dedication Fund update CA – Briscoe Tire agreementDecember 12 – 2nd Tuesday Session Captions – November 27 Backup – December 8 WS – Deloitte & Touche EMO WS – Parking requirements WS – Bike Share WS/CA – Council Rules and ProceduresDecember 19 – No Meeting December 26 – No Meeting Christmas, 12/24-25City offices closed 12/25 & 12/26January 1- No Luncheon New Year’s Day observed – City Offices closed January 2 – No Meeting January 9 – Special Called Work/Regular Session Captions – December 22 Backup - January 5 January 16 – No Meeting M. L. King, Jr. Day holiday observed -City offices closed January 23 – 4th Tuesday Meeting Captions – January 8 Backup – January 19 January 30 – No Meeting February 5 – Luncheon Captions – January 22 Backup – February 1 February 6 – Work/Regular Session Captions – January 22 Backup – February 2 CA-Consent Agenda IC-Individual Consideration WS-Work Session CM-Closed Meeting PH-Public Hearing Meeting Date DeadlinesItemFebruary 13 – 2nd Tuesday Session Captions – January 29 Backup – February 9 February 20 – Work/Regular Session Captions – February 5 Backup – February 16 February 27 – 4th Tuesday Session Captions – February 12 Backup – February 23 March 5 – Luncheon Captions – February 19 Backup – March 1 March 6 – Work/Regular Session Captions – February 19 Backup = March 2 March 13 – No Meeting March 20 – Work/Regular Session Captions – March 5 Backup – March 16 March 27 – 4th Tuesday Session Captions – March 12 Backup – March 23 April 2 – Luncheon Captions – March 19 Backup – March 29 April 3 – Work/Regular Session Captions – March 19 Backup – March 30 April 10 – 2nd Tuesday Session Captions – March 26 Backup – April 6 April 17 – Work/Regular Session Captions – April 2 Backup – April 13 April 24 – 4th Tuesday Session Captions – April 9 Backup – April 20 May 1 – Work/Regular Session Captions – April 16 Backup – April 27 May 7 – Luncheon Captions – April 23 Backup – May 3 May 8 – 2nd Tuesday Session Captions – April 23 Backup – May 4 May 15 – Election Meeting Captions – April 30 Backup – May 11 Installation of CC Members OnlyMay 22 – Work/Regular Session Captions – May 7 Backup – May 18 May 29 – No Meeting Memorial Day holiday observed- City Offices closed 5/28 June 4 – Luncheon Captions – May 21 Backup – May 31 CA-Consent Agenda IC-Individual Consideration WS-Work Session CM-Closed Meeting PH-Public Hearing Meeting Date DeadlinesItemJune 5 – Work/Regular Session Captions – May 21 Backup – June 1 June 12 – 2nd Tuesday Session Captions – May 25 Backup – June 8 June 19 – Work/Regular Session Captions – June 4 Backup – June 15 June 26 – 4th Tuesday Session Captions – June 11 Backup – June 22 July 2 – No Luncheon July 3 – No Meeting July 4th holiday observed – City Offices closed July 10 – No Meeting July 17 – Work/Regular Session Captions – July 2 Backup – July 13 July 24 – 4th Tuesday Session Captions – July 9 Backup July 20 July 31 – No Meeting August 2 – Budget Workshop Captions – July 16 Backup – July 27 August 6 – Luncheon Captions – July 23 Backup – August 2 August 7 – Work/Regular Session Captions – July 23 Backup – August 3 August 14 – 2nd Tuesday Session Captions – July 30 Backup – August 10 August 21 – Work/Regular Session Captions – August 6 Backup – August 17 August 28 – 4th Tuesday Session Captions – August 13 Backup – August 24 September 3 – No Luncheon Labor Day holiday September 4 – No Meeting September 11–Special Called Work/Regular Session Captions – August 27 Backup – September 7 September 18 – Work/Regular Session Captions – August 31 Backup – September 14 September 25 – 4th Tuesday Session Captions – September 10 Backup – September 21 October 1 – Luncheon Captions – September 17 Backup – September 27 CA-Consent Agenda IC-Individual Consideration WS-Work Session CM-Closed Meeting PH-Public Hearing Meeting Date DeadlinesItemOctober 2 – No Meeting October 9 – 2nd Tuesday Meeting Captions – September 24 Backup – October 5 October 16 – Work/Regular Session Captions – October 1 Backup – October 12 October 23 – 4th Tuesday Session Captions – October 8 Backup – October 19 October 30 – No Meeting November 5 – Luncheon Captions – October 22 Backup – November 1 November 6 – Work/Regular Session Captions – October 22 Backup – November 2 November 13 – 2nd Tuesday Session Captions – October 29 Backup – November 9 November 20 – No Meeting Thanksgiving Holiday observed–City Offices Closed 11/22-23 November 27 – 4th Tuesday Session Captions – November 12 Backup – November 21Tentative-Based on NeedDecember 3 – Luncheon Captions – November 19 Backup – November 29 December 4 – Work/Regular Session Captions – November 19 Backup – November 30 December 11 – 2nd Tuesday Session Captions – November 26 Backup – December 7 December 18 – Work/Regular Session Captions – December 3 Backup – December 14Tentative-Based on NeedDecember 25 – No Meeting Christmas Holiday observed City Offices Closed 12/24-25 Construction Projects Report Starting Nov 13-19, 2017 Road Closures Barthold Rd at Intersection of I35 Service Rd going West 700' will be closed (Jun 12-Dec 18) Lane Closures Street / Intersection Detour Routes Proposed Date of Construction Proposed Date of Completion Brief Description of Construction Contact Department Letters Door Hangers Message Boards Public Meeting UPCOMING PROJECTS Bonnie Brae - Engineering tbd tbd Street Widening Noreen Housewright – Eng; Wesley McBride - ROW Canterbury Hollyhill to I-35 still in design tbd Drainage Chad Allen - Engineering Fulton tbd tbd Water/WW/Streets Drew Huffman - WW; Casey Bowles - Wtr; Dusty Draper - Streets Hettie tbd tbd Water/ Waste Water/ Streets Drew Huffman - WW; Casey Bowles - Wtr; Dusty Draper - Streets Hinkle to be bid tbd Possibly bundling with Windsor, if so, it will be Water/WW/Streets and Drainage Drew Huffman - WW; Casey Bowles - Wtr; Dusty Draper - Streets Holiday Park Phase 2 27-Nov-17 1-Dec-18 Water/ Waste Water/ Streets Drew Huffman - WW; Casey Bowles - Wtr; Dusty Draper - Streets Street / Intersection Detour Routes Proposed Date of Construction Proposed Date of Completion Brief Description of Construction Contact Department Letters Door Hangers Message Boards Public Meeting Lookout no Nov 30, 2017 tbd Sidewalk Repair Windsor to Westward Streets - Roy Mayhill- Engineering tbd tbd Engineering Project Noreen Housewright - Eng; Gary Powers - ROW PEC 4 - Engineering tbd tbd Engineering Project Lee Perry - Engineering Sagebrush Jan-18 tbd Water/WW/Streets Water is almost complete Drew Huffman - WW; Casey Bowles - Wtr; Dusty Draper - Streets Smith-Johnson tbd tbd Large Project: Drainage/ Streets/ Portions of Water and small point work for WW Chad Allen - Engineering Thomas tbd tbd Water/WW/Streets Drew Huffman - WW; Casey Bowles - Wtr; Dusty Draper - Streets Wayne tbd tbd Water/ WW/Streets Drew Huffman - WW; Casey Bowles - Wtr; Dusty Draper - Streets Westward no Nov 30, 2017 tbd Panel Repair Lookout to Southway Streets P P Windsor- Engineering tbd tbd Possibly bundling with Windsor, if so, it will be Water/WW/Streets and Drainage Drew Huffman - WW; Casey Bowles - Wtr; Dusty Draper - Streets RESIDENTIAL Bellemead yes Oct 19, 2017 Dec 8, 2017 Street Reconstruction Thomas to Emery Streets 10/10/17 P P Street / Intersection Detour Routes Proposed Date of Construction Proposed Date of Completion Brief Description of Construction Contact Department Letters Door Hangers Message Boards Public Meeting Bentoaks no Sep 25, 2017 Jan 19, 2018 Street Reconstruction Oakhurst to Teasley Streets Emery yes Nov 27, 2017 Dec 11, 2017 Utility Construction Bellemead to Hillcrest Utility Construction Emery yes Nov 27, 2017 Dec 21, 2017 Utility Construction Ector & S Entrance Aldi Food Center Utility Construction Foxsedge no Oct 9, 2017 Nov 30, 2017 Panel Repair Pockrus Page to Sunray Streets Holiday Park Phase 2 yes Nov 10-17 Dec 1, 2018 Wastewater Main Construction Manhattan to Kings Row Wastewater Kings Row no Aug 7, 2017 Jan 31, 2018 Curb and Gutter/Drive Approaches WB Right Ln Wellington and Sherman Engineering Lattimore no Oct 9, 2017 Feb 5, 2018 Street Reconstruction Audra to Dead End Streets Manor Ct no Sep 25, 2017 Jan 19, 2018 Street Reconstruction Oakhurst to Teasley Streets P Mimosa no Oct 2, 2017 Dec 2, 2017 Wastewater Main Construction Bolivar to N Carroll Wastewater P Mimosa no Oct 23, 2017 Dec 8, 2017 Water Line Replacement Bolivar to Carroll Water P Mockingbird yes Oct 23, 2017 Dec 31, 2018 Street Reconstruction South of Howard to Audra Lane Engineering 10/10/17 P P 18-Oct Street / Intersection Detour Routes Proposed Date of Construction Proposed Date of Completion Brief Description of Construction Contact Department Letters Door Hangers Message Boards Public Meeting Mockingbird yes Oct 23, 2017 Feb 20, 2018 Street Reconstruction Audra to McKinney Streets 10/10/17 P P 18-Oct Mockingbird yes Oct 23, 2017 Feb 20, 2018 Street Reconstruction Mckinney to Paisley Streets 10/10/17 P P 18-Oct Mulberry no Oct 30, 2017 Dec 1, 2017 Utility Construction Hickory to Welch Engineering Oakhurst no Sep 25, 2017 Jan 19, 2018 Street Reconstruction Oakhurst to Teasley Streets P Oak Park no Oct 9, 2017 Feb 5, 2018 Street Reconstruction Oaktree to Oak Valley Streets Oaktree no Oct 9, 2017 Feb 5, 2018 Street Reconstruction Audra to Lattimore Streets Overlook no Oct 2, 2017 Nov 30, 2017 Sidewalk and Panel Repairs Windsor to Westward Streets Paisley yes Oct 2, 2017 Jan 5, 2018 Wastewater Main Construction Frame to Ruddell Wastewater Springtree yes Sep 13, 2017 Nov 15, 2017 Water and Sewer Line Construction E McKinney to Pecan Grove Engineering Stanley yes Nov 6, 2017 Nov 30, 2017 Mill Overlay/Curb and Gutter Work Panhandle to Emery Streets Welch no Oct 30, 2017 Dec 1, 2017 Utility Construction Chestnut to Mulberry Engineering Street / Intersection Detour Routes Proposed Date of Construction Proposed Date of Completion Brief Description of Construction Contact Department Letters Door Hangers Message Boards Public Meeting Wellington no Nov 8, 2017 Dec 8, 2017 Curb and Gutter Repair Stratford to Heather Streets Whispering Oaks no Oct 9, 2017 Feb 5, 2018 Street Reconstruction Oak Valley to Oak Park Streets MAJOR ROADS Barthold yes Jun 12, 2017 Dec 18, 2017 Street Construction I35 Svc Rd Intersection to 700' West Engineering Centre Place no Sep 25, 2017 Nov 10, 2017 Concrete Street Panel Repairs I-35 Service Rd to Alegre Vista Streets P Hickory yes Aug 23, 2017 Nov 22, 2017 Duct Bank Construction Bonnie Brae to E of Ave H Engineering 8/29/17 P P P Hickory yes Sep 8, 2017 Nov 22, 2017 Duct Bank Construction Stella to Hickory Engineering 8/29/17 P P P Riney yes Sep 29, 2017 Jul 29, 2018 Road Removal and Replacement N. Elm to Solona Engineering Spencer yes Nov 3, 2017 Nov 5, 2017 Utility Construction Bridges St to Mayhill Rd Engineering Note: This provides an Estimate of work to be done the next two weeks. Weather, equipment breakdowns, or other unforeseen problems could cause this schedule to change. Drainage 349-7116 / Water Distribution 349-7181 / Wastewater 349-8489 / Traffic 349-7342 / Streets 349-7160, streets@cityofdenton.com Engineering 349-8910, engineering@cityofdenton.com / TX DOT 387-1414, romulo.bahamon@txdot.gov / Denton County 349-3420 Street / Intersection Detour Routes Proposed Date of Construction Proposed Date of Completion Brief Description of Construction Contact Department Letters Door Hangers Message Boards Public Meeting COMPLETED PROJECTS Audra yes Oct 9, 2017 Oct 25, 2017 Sidewalk/Panel Repair Mockingbird to Barbara Streets Barcelona no Sep 25, 2017 Oct 27, 2017 Concrete Panel Replacement Worthington to Mesa Streets Bell yes Oct 9, 2017 Oct 25, 2017 Mill Overlay/Curb/Gutter Work US380 to Sherman Streets S. Bonnie Brae no Aug 9, 2017 Nov 1, 2017 Shoulder Widening Vintage Blvd to 1500 ft N of Vintage Blvd Engineering Emery yes Oct 9, 2017 Nov 9, 2017 Utility Construction Stanley to Thomas Engineering Emery yes Oct 9, 2017 Nov 9, 2017 Utility Construction Thomas to Bellemead Engineering Hickory yes Sep 5, 2017 Nov 3, 2017 Waterline Replacement North Texas Blvd to Ave D Water Huisache/Retama/Sagebrush no Sep 5, 2017 Oct 27, 2017 Water Line Replacement Yucca to Yucca Water McCormick no Oct 23, 2017 Dec 31, 2017 Mill Overlay I-35 to Willowwood Streets P P P Northway no Oct 2, 2017 Nov 13, 2017 Sidewalk Repair Windsor to Westward Streets Street / Intersection Detour Routes Proposed Date of Construction Proposed Date of Completion Brief Description of Construction Contact Department Letters Door Hangers Message Boards Public Meeting Roselawn St no Aug 9, 2017 Nov 1, 2017 Shoulder Widening Old Bonnie Brae to Roselawn Cemetery Engineering Southway no 10-02-20107 Nov 13, 2017 Sidewalk Repair Windsor to Westward Streets Third yes Oct 9, 2017 Oct 30, 2017 Street Construction Bolivar to Elm Engineering