Follow-up from June 27 SEDNA Meeting

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The following is a gathering of information I gathered from discussions with various city officials that seek to answer a number of questions raised during this week’s Southeast Denton Neighborhood Association meeting.  As always, please let me know if you have further questions about any of these topics.  You can contact me at kevin.roden@cityofdenton.com or 940-206-5239.

June 27, 2011 SEDNA Meeting – Answers to Questions Raised
Gathered by Kevin Roden, City Council Member, District 1

DCTA Questions

What is the status of the committee charged with advising on grant fund issues relating to A-Train mitigation in the SE Denton neighborhood?

Dee Leggett will be in contact with Carolyn about this shortly to get the process started.

If there is an accident relating to Quiet Zones, which entity is “responsible” for this – the city, since they requested the zones, DCTA, or someone else?

Dee is checking with others to find an answer to this question.

Regarding sound barriers – there appear to be many more in Corinth neighborhoods than in Denton neighborhoods, particularly the SE Denton area.  After riding the train, it does not appear that distance is the only factor – some houses in SE Denton seem as close as those in Corinth who have much more sound barrier structures.  Can you explain the system that decided where these went?  Also, if Corinth did not pay for member inclusion in DCTA, how can spending money on that community be justified?

This is the response of Dee Leggett:  “DCTA followed FTA guidance which is consistent with the National Environmental Policy Act. We did this to prevent the arbitrary determination by DCTA or other parties of where mitigation measures or enhancements would be constructed. The main factor for determining sound mitigation was based on existing noise levels. In areas where the project noise generated an impact of 3 DB or greater, we committed to mitigate the impact whenever possible. When quiet zones were assumed in the model, the majority of the impacts were mitigated. The remainder of the impacts over 3 DB were from vehicle noise or noise generated from the crossing warning bells. These impacts required either sound walls or sound insulation. The difference between the two communities is more about existing noise levels and not distance from the track. SEDNA is a more urban setting with existing freight, adjacent industrial properties and higher traffic volumes. Another good example is Quail Run in Corinth and Jackson Ranch in Lake Dallas. Both are surburban residential settings. Both areas are equal distance from the track. However, Jackson Ranch is closer to I-35E and Swisher. It’s existing noise levels are high therefore DCTA’s impact is minimal. If you would like to read more, section 4 of our FEID goes into great detail. Your question about financial justification is a fair and understandable question. However, we followed NEPA which does not look at funding source as one of the factors in determining impact. And while we received no federal funds, TXDOT accepted our environmental procedures because we followed NEPA. Following NEPA was a strategic decision by our board that helped expedite delivery of the funds through TXDOT and (I would think) helped create a sense of good-will with the communities we pass through.”

CODE ENFORCEMENT

Questions regarding Code Enforcement action taken on Saturday, June 18 in SE Denton – the same day much of the community was celebrating the Juneteenth holiday.  There was one resident present with a letter from code enforcement that involved her grill being in the front yard.  There was concern that many of the other letters issued that day involved grills in the front yards – something that is standard practice during a weekend when neighbors are barbequing in order to celebrate the holiday.  I checked with the Code Enforcement office and asked for a complete run-down on the type of violations that were noted that day.  It turns out only one of the cases (out of 20 that day) involved a grill.  Here is their response, from Todd Varner (via Lancine Bentley):

“I reviewed all 20 cases that Rebecca opened on Saturday June 18, 2011. Of the 20 cases, 3 were for outside storage. Of those three, 1 case included a grill along with furniture on the front porch and two animal carriers that Rebecca called cat boxes. The case number is 1106-0671. I have attached a photo from this case along with photos from the other two outside storage cases. All 20 case types are listed below.

3 – Outside Storage  (one case involved a grill along with other items stored in the front yard)
7 – Trash and debris
3 – High grass and weeds
3 – Parking in the front yard (unimproved surface)
2 – Tree limbs below 13 1/2 feet
1 – View obstruction
1 – Trash bins at the curb”

STREET CONSTRUCTION ISSUES
Several questions were raised about the nature, timing, and concerns relating to the recent street/utility work in the neighborhood that began a couple months back on Chambers Street.  Here are questions I raised to the city officials in charge of this project and the responses from Frank Payne, Traffic Engineer:

What is the nature of the work being done in the area?

“There have been and will be a number of projects going on in and around Chambers Street to improve the wastewater system in the general area.  A total of approximately 1,939 feet of sewer was replaced along Boardwalk and Chambers beginning in mid March 2011 and just completed (CDBG project completed by in-house crews).  The street still needs to be patched/repaired, which should commence sometime this week perhaps as early as tomorrow.”

Each of the neighborhood notifications about current or upcoming road closures had the end of August as their estimated finish date – even Chambers, where the major work seems complete and only patching remains.  Will the Chambers work actually take that long, or will it be completed prior to then?

“We provided notices for each street, but it is just one project.  They may mobilize to Chambers first or Boardwalk first, I don’t really know at this point.  The work on Chambers involves mill and overlay of the entire street beyond any patching or curb repairs that may be on tap for the street, and that work has not yet started.  The August end date is thought to be a “safe” or conservative estimate of the time required.”

Several folks who live on Chambers were in attendance tonight – there were questions about the safety procedures in place when large holes are dug (as was the case on this street with the wastewater repairs).  They claimed that there were many large and deep holes left open without safety barriers to keep kids or others from falling in – could this be addressed in future projects in the neighborhood?

“There are exceptions of course, but our crews, and the contractors that work for us for that matter, do not leave unprotected pits open overnight.  I wasn’t out on this jobsite, but the supervisor in Wastewater assures me that the work was either backfilled, plated over or fenced each and every night.  We appreciate the feedback and will continue to be sensitive to jobsite safety.”

Some of the repair work went into the front yards of the houses, in some cases impacting grass cover and mailboxes. Will these areas be restored to their original condition?

“Yes, the front yards, mailboxes, sidewalks, curbs, etc. will all be restored.  That work is also underway.”

SCHOOL ZONE ON WOODROW NEAR MORSE

According to Frank Payne, city Traffic Engineer, this issue is currently being examined and here is his assessment and plan:

“The Police Department removed the crossing guard at Morse and Woodrow based on the fact that no students were using it.  The City and DISD have gone back and forth on this issue a number of times.  One thing we are considering is “bagging” the signs in the near future to gauge reaction and get feedback, if any, prior to putting together an ordinance for removal of the zone.  I would communicate to SEDNA that staff is taking this action.  This will allow the City time to gather feedback and to discuss the issues further with DISD and the Police.”

I did raise the issue, brought up at the meeting, that some of the students might be coming from the apartment complex on Spencer.  Here was Frank’s response to that:

“I’m not sure where the students are coming from, but from the Spencer direction the students would have two signals and two crosswalked intersections to take advantage of to get to the school (inherently safer than a crossing at Morse).  School zones are installed where there are children crossing, and the Police Department has removed their crossing guard because there were no children crossing Woodrow at Morse.  Hence, no need for the school zone.  If there are students coming from the Spencer direction, DISD will have to advise the City that there is a need, and right now there does not appear to be one.  We will go ahead and bag the signs and see if any feedback comes our way.”

TRAFFIC LIGHT ON THE CORNER OF MORSE AND WOODROW

According to Frank Payne, this intersection went through an official traffic study in 2007 to gauge the necessity of this.  There are 8 criteria engineers look at to determine the necessity of a traffic light – a particular area must meet at least one of those criteria.  According to the study in 2007, the area did not warrant a traffic light.

I provided Carolyn Phillips with a copy of the traffic study along with a document outlining the criteria.

Neighborhood Meeting About TWU Expansion Plan

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I will host a citizen town hall meeting for people who live in the neighborhoods surrounding TWU. We will report on the TWU expansion plan, which aims to take-over the entire neighborhood to the East of Bell and part of the Austin Street area. You will have a chance to comment, raise concerns, and ask questions. Some neighbors, particularly in the Austin Street area, have asked about the possibility of creating a historic district – we will discuss these options as well. I will host the event at my house at 322 Texas Street (just South of TWU).

For more information on the TWU expansion plan, check out this story from THINKDENTONand click here to go to the Facebook event page for this meeting.

June 21 – Council Meeting Post-Script

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Here’s a quick follow-up to tonight’s meeting – I’ll try to tie the points to the earlier preview points:

REDISTRICTING
Heard a report and spent time with two options presented by consultants on modifying the city’s four council districts in order to account for the change in population from the last time this was done back in 2001.  District 4 has grown significantly while other parts of town have not.  The goal of redistricting is to attempt a total population balance among the various districts without significantly disrupting the voting power of traditional minority pockets within the city (District 1, my district, happens to have the largest population of minorities when you consider the high number of Hispanic and African-American residents.

The following is one of the options – an option the council is considering modifying a bit in order to prevent the break-up of certain neighborhoods:

This would bring the four districts into relative equality in terms of total population.  But a question I continue to have, which is important to my district, is how this pans-out in terms of actual registered voters and actual voters.  In other words, does the total population always give you an accurate picture of the voting power of a particular district? Provoked by that question, I crunched some numbers and my suspicions were confirmed.  Below is a table that shows the current district situation and the two proposed options – it shows the disparity, particularly in District 1, between the total population and the number of registered voters (and ultimately the number of voters).  So while we are balancing out the population, the practical situation is not balanced at all – but realize we are dealing with Department of Justice rules that have legal precedent guiding the consideration.  This may not be as big of an issue when it comes to elections for district specific seats.  But it does come into play when we have at-large elections.  If I were a sleazy politician running for an at-large position, I’d take a look at these numbers and might have a good reason to ignore the interests of District 1, given their low voting power relative to the other three districts.  Here are those stats that I crunched and provided to council today:

So what do you think?  This issue will be brought to the citizens for further discussion and even the opportunity for you to propose your own redrawing of district lines.  I have asked that the process be presented online for your consideration, along with readable maps of the proposed lines.  The goal is to finalize a plan in September and have the plans approved by the Department of Justice in time for the May 2012 at-large elections.

STATE LEGISLATION
We received an update on the legislation (some still in progress in special session) that might impact Denton.  The Texas Tea Partiers came into power with the assumption that they would yield influence.  Unfortunately, their enthusiasm to return powers to the individuals didn’t play out in many of their legislative priorities.  This session saw many attempts to take away local control of many issues in favor of state control (ironic given their approach to state vs federal issues and their desire to keep power in “local hands”).  Fortunately, apart from some financial grabs where the state is giving itself more local money (for instance, a greater percentage of the mixed beverage tax that would normally go to local municipalities), most of the harmful legislation did not survive.  This, of course, is not to mention the strike against local public education…

One particular item of interest – the Voter ID bill passed.  This initiative tended to cut along party lines, with Republicans pushing for it and Democrats seeing it as a way to diminish minority and low-income votes.  Instead of being able to simply show your voter registration card at the time of voting, voters need to also be able to present a state-issued photo ID at the point of voting.  Read this article for more information about it.  I have asked that we have a discussion about how the city can get on top of this issue and best educate our citizens about the changes in laws and voter expectations prior to the May 2012 city elections.

CITIZEN BOARD AND COMMISSIONS
To read more about these options, go here.  The council tonight began the option of nominating citizens to the various positions available on these boards.  We will visit this option again at the next meeting.  As soon as I finalize my nomination list, I will post it here for all to see.  With the exception of only a couple of boards, I am opting to retain the majority of the very helpful citizens appointed by my predecessor, Charyle Heggins.

DOWNTOWN INCENTIVE GRANT MONEY
Mellow Mushroom’s request for a $15,0000 grant was approved as part of the consent agenda.  The property owners of the elevated yellow house on Bell just beside the Center for the Visual Arts building, along with the anticipated business owners of Denton’s own “Aw Shucks,” presented their case at the beginning of Tuesday’s meeting.  The city’s Economic Development Partnership Board had previously voted not to grant their $5000 grant request for facade improvements.  I see this project as a much-needed spark of business interest on the “other side” of Bell Avenue.  It will be a great amenity near the train, it will no doubt attract more interest in the area, it will be much more accessible to folks in the surrounding neighborhoods (in traditional SE Denton), and it begins the process of extending the downtown area in this direction.  Because questions of why it wasn’t recommended for approval, I along with others asked for further discussion to be had at the next council meeting.

NOISY PARTY REQUEST
The request was put in to allow a late night loud party on Myrtle Street between the hours of 10pm and midnight at the beginning of July.  The Parks department recommended denial of the request after learning that there have been 5 complaint calls about this residence in the last year.  Unfortunately, the nature of those calls or the source of them was not available.  I was not comfortable punishing folks who were trying to work through the system with such little information.  Ultimately, another council member suggested that we split the difference and allow the noise exception until 11pm instead of midnight.  I went along with that compromise.

As always, let me know if you have any questions!  kevin.roden@cityofdenton.com

June 21, 2011 Council Meeting Preview

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In my attempt to make your city government more accessible to you, here’s a rundown on some highlights of this week’s council meeting.  Our council Work Session begins at 3pm at City Hall and we’ll convene in Regular Session at 6:30pm.  Work Session is a time to go over details relating to upcoming votes in the Regular Session – a way to vet issues and gauge council direction on upcoming votes.  No votes are taken in the work session – votes on items and public hearings typically take place during the Regular Session.  As always, you can access the meeting agenda and back-up information (more detailed information for each agenda item) here on the city website.

Here are some of the highlights…

  • REDISTRICTING – as a result of the 2010 Census, the city district maps show disparity in populations among the 4 council districts.  Council has started the process of looking at options (since April) and we will hear about a couple of proposals that seek to bring the districts into balance.
  • STATE LEGISLATION – been following the drama in Austin over the summer? We’ll hear a report on how the recent budget cuts and other legislation impact Denton for better or for worse.
  • CITIZEN BOARDS AND COMMISSIONS – Each summer, the council examines the make-up of the various citizen-run boards and commissions and takes the opportunity to select new people to serve in these various capacities.  This will be the first meeting where the council addresses vacancies and re-appointments to these bodies.  We will revisit this issue next month before finalizing our decisions.
  • DOWNTOWN INCENTIVE GRANT MONEY – two property owners in the downtown area have applied for grant money (from a pot of $50,000 per year) to help in the revitalization of older properties.  Mellow Mushroom Pizza is slated to come to Hickory Street (previously Garbage Kings) in the Spring of 2012 and is seeking $15,000.  Aw Shucks Oyster Bar (with a location on lower Greenville in Dallas) is hoping to be one of the first businesses to invest to the East of Bell Ave.  You know that funky-looking yellow house just to the South of the Arts Center? Imagine SE Denton neighborhoods and train riders having access to a mostly outdoor cajun seafood joint, thus sparking business interest on the other side of Bell… they are seeking $5000 from the grant program to help with facade work at that location.
  • LOUD PARTY REQUEST – don’t be too loud at your house party, because some irritated neighbors may try and keep you from being allowed to do it again.  A house on Myrtle Street is requesting a noise ordinance exception for a party and is being recommended for denial due to their track record of complaint calls.

If any of this interests you, come on out and observe the dialogue and deliberation.  You are also welcome to comment on any of the consent agenda items at the onset of the 3pm Work Session meeting.

Let me know if you have any thoughts on these issues or questions – kevin.roden@cityofdenton.com.

Downtown Living Focus Group

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A preference for urban living is growing, even right here in Denton, Texas.  There is an increased desire among many to live in a place where you can work, shop, play, and socialize all within walking distance.  We are already beginning to notice this in many of the core neighborhoods connected to our historic square.  A slow renaissance is emerging as young professionals and young families are opting for a post-suburban experience and willing to take a chance on neighborhoods previously in decline.  Additionally, with the continual revitalization of the downtown area and the new train line, interest in urban-style apartments and condominiums has and will continue to attract new development projects in this part of town.

As the council member representing this area of town, I’d love to hear from those of you on the front-lines of this emerging living option, so that we can be better advised on livability issues in this area – what are the joys and struggles of downtown living? what infrastructure is needed to help you get around sans cars? what amenities can the city or developers provide in order to make this area a more attractive choice for future residents? etc…

If you live in the heart of downtown or one of the surrounding neighborhoods, please consider serving your city by chatting with me over drinks this Thursday, June 23 at 8pm at Simone Lounge – 222 Hickory Street #104.

RSVP at this Facebook event page.

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