HomeMy WebLinkAboutMay 22, 2001 Agenda AGENDA ,~.tl~10 VI'Var --
ITYO O TO ITY OU , !
May 22, 2001 ,late_ ~ 0 /
After determining that a quorum is present and convening in an Open Meeting, the City Council
of the City of Denton, Texas will convene in a Closed Meeting on Tuesday, May 22, 2001 at
5 15 p m m the City of Denton Council Work Session Room, Denton City Hall, at 215 East
McKluney, Denton, Texas to consider specific items when these items are listed below under the
Closed M~etmg sect]on of this agenda When items for consideration are not listed under the
Closed Meeting seer]on of the agenda, the City Council will not conduct a Closed Meeting at
5 15 p m J and will convene at the time listed below for ]ts regular or special called meeting The
Cou~aell reserves the right to adjourn into a Closed Meeting on any item on its Open
City
Meeting--agenda cons]stent with Chapter 551 of the Texas Government Code, as amended, as set
forth below
1 Closed Meeting
A Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section
551 071
1 Receive legal advice from the City Attorney regarding the awards of
specml commissioners and procedural options in condemnation
proceedings styled The State of Texas and Ctty of Denton, Texas vs R D
Martm, Cause No ED-2000-01212 and The State of Texas and Ctty of
I Denton, Texas vs Tex Morgan Mart~n, Cause No ED-2000-01211
pending in the Probate Court of Denton County, Texas
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
CLOSED! MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN
COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE
EXTENTi SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED
MEETING IN ACCORDANCE WITH THE PROVISIONS OF SECTION 551 086 OF THE
TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION") THE CITY
COUNCIl, RESERVES THE RIGHT TO ADJOURN INT~ A CLOSED MEETING OR
EXECUTIVE SESSION AS AUTHORIZED BY TEX GOV T CODE, SECTIONS 551 001,
ET SEQ I(THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING
AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON
THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS
OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551 071-
551 086OF THE TEXAS OPEN MEETINGS ACT
Special Galled Session of the City of Denton City Council on Tuesday, May 22, 2001 at 6 00
p m in the Council Chambers at City Hall, 215 E McKlnney Street, Denton, Texas at which the
following items will be considered
1 H01d the first of two public hearings to consider the involuntary annexation and service
plCn for approximately 2,226 acres of land generally located south of FM 2449, west ofl-
35 West, north of Robson Ranch Road and partially west of the Robson Ranch
Development and John Pa]ne Road in the extraterritorial jurisdiction (ET J) of the City of
D~nton (A-Ol-O005, Hunter Ranch Annexation)
City of Denton City Council Agenda
May 22, 2001
Page 2
2 Consider appointments to City Council Committees
Following the completion of the Special Called Session, the C~ty Council wdl convene ~nto a
Work Session in the Work Session Room to consider the following
NOTE A Work Session is used to explore matters of interest to one or more City Council
Members or the City Manager for the purpose of giving staff d~rection into whether or not such
matters should be placed on a future regular or special meeting of the Council for citizen input,
City Council deliberation and formal City action At a Work Session, the City Council generally
receives informal and prehmlnary reports and information from City staff, officials, members of
C~ty committees, and the individual or organization proposing council action, if invited by City
Council or City Manager to participate m the session Participation by individuals and members
of organizations invited to speak ceases when the Mayor announces the session is being closed to
public input Although Work Sessions are public meetings, and citizens have a legal right to
attend, they are not public hearings, so citizens are not allowed to participate in the session
unless inwted to do so by the Mayor Any citizen may supply to the City Council, prior to the
beginning of the session, a written report regarding the citizen's opinion on the matter being
explored Should the Council direct the matter be placed on a regular meeting agenda, the staff
wall generally prepare a final report defining the proposed action, which will be made avmlable
to all c~ttZanS prior to the regular meeting at which citizen input is sought The purpose of th~s
procedure ~s to allow citizens attending the regular meeting the opportunity to hear the views of
their fellow citizens without having to attend two meetings
1 Receive a report, hold a discussion, and give staff direction regarding an ordinance
amending Chapter 24, entitled "Solid Waste", of the Code of Ordinances of the City of
Denton, Texas, by amending Section 24-2 entitled "Defimt~ons", amending Section 24-
42 entitled "Charges for Residential Service", adding Section 24-43 entitled "Automated
Collection", prowdlng a penalty in the amount of $2,000 for violations thereof, providing
for a savings clause, providing for a severabfl~ty clause, and providing an effective date
2 Receive a report, hold a d~scussion, and give staff direction regarding prehmmary
findings of the community recychng survey conducted for the City by the Survey
Research Center at the University of North Texas
3 Recexve a report, hold a discussion and give staff d~rect~on regarding a proposed t~meline
for Board/Commission appointments
4 Receive a report, hold a discussion, and give staff d~rectlon regar&ng options to initiate a
zomng case to either amend the existing SUP (Ordinance No 83-54) or issue a new SUP
for a mobile home park known as Center Point Mobile Home Commumty located on Fort
Worth Drive south of 1-35
5 New Business
Th~s ~tem provides a section for Council Members to suggest ~tems for future agendas
6 Possible Continuation of Closed Meeting under Sections 551 071-551 086 of the Texas
Open Meetings Act
City of Denton City Council Agenda
May 22, 2001
Page 3
7 Officml Action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas
Open Meetings Act
CERTIFICATE
I certify that the above notme of meeting was posted on the bulletin board aLthe~C~ty Hall of the
~fDenton, Texas, onthe /~dayof )v~,~/~g.~ ,2001 ~(~d/~'~o'clock(am)
/f CITY SECRETARY ~
NOTE THE CITY OF DENTON CITY COUNCIL CHAMBERS AND WORK SESSION
ROOM ARE 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
AGENDA INFO~ATION SHEET
AGENDA DATE May 22, 2001
DEPARTMENT. Pla~ng & Developmen~//~
C~C~ACM. Dave H~I1, 349-8314~
SUBJECT A-01-0005 (Hunter Ranch .4nnexatton)
Hold the first of two pubhc heanngs to consider the involuntary annexatton and service plan ~'or
approximately 2,226 acres of land generally located south of FM 2449, west of 1-35 West, north of
Robson Ranch Road and partially west of the Robson Ranch Development and John Paine Road m the
extratemtorlal junsdlchon (ET J) of the City of Denton (A-01-0005)
BACKGR(~UND
In accordance w~th the C~ty's aunexat~on pohcy plan, approved ~n June 1993, the C~ty will "access on
a case by case bas~s" the annexation of areas m the ETJ when slgmficant developments are proposed
~ The property owner had submitted a pre-design apphcatlon for development of natural gas
wells and a general development plan application that was rewewed by the Development
Revtew Committee on April 12, 2001 The general development plan appheat~on was returned
to the apphcant because ~t was not a complete apphcatlon
~ C~ty Council at the regular meeting on April 17, 2001 instructed staff to institute involuntary
annexation proceedings on the proposed Hunter Ranch development
> The subject property ~s located m the extra temtonal jurisdiction and ~s not zoned at th~s t~me
The property is undeveloped at this time
~' The Comprehensive Plan ~dent~fies th~s property to be w~thm the "Neighborhood Centers",
"Commumty M~xed Use Centers", "Employment Centers", "Regional M~xed Use Centers" and
"Enwronmentally Sensitive Areas" The apphcant ~s propostng to develop gas wells on the
subject property m~tlally and develop the remaining port~on as the market d~etates
~ Three (3) property owners were notified of the mvoluntary annexation request No responses
have been received to date
~' TheITexas Local Government Code allows a mun~c~pallty to annex mvoluntanly 10% of' the
~ncorporated area as of January 1st of that year Additionally, ifa mume~pahty falls to annex m
a calendar year the 10% amount permitted, the mun~c~pahty may carry over the unused
allo~at~un for use m subsequent calendar years A mumc~pahty may not annex in a calendar
year a total area greater than 30% of the ~ncorporated area as &January 1st Of that year
o In 2001 the C~ty of Denton has proposed to mvoluntanly annex a total of 1,539 acres
(Ryan/Count~y' Club, US 377/I/35W, Blagg Road, and Masch Branch), which ~s 3 8 %
of the incorporated area as of January 1, 2001
o Due to no involuntary annexations in 2000, the 10% amount was camed over As a
result of the carry over and two annexations already approved (Ryan/Country Club, US
377/I/35W) the City has the ability to annex 6,487 49 more acres
o The proposed involuntary annexation contmns 2,226 acres
The proposed annexatzon includes three parcels not owned by Petrus Investment, L P
(Attachment 2)
o Geha Coleman owns tract 4, E P~zano Survey, A-0994A contmmng 16 3861 acres at
the northeast lntersectmn of Robson Ranch Boulevard and 1-35 West
o Wtlllam C and Claudia P Lynch own tract lA, C W Byefly Survey, A-1458A
contaJnmg 2 657 acres and tract 16a, J Dalton Survey, A0353A contalmng 1 44 acres
Both tracts are located north off M 2449 on the northern most edge of the annexatmn
The Police and Fire Department wall be greatly impacted by the proposed annexation The
estimated pohce response time m tins area is 12-16 minutes The appropriate average response
time ls 6 minutes The estimated fire emergency response t~me m th~s area is 12-15 minutes
The appropriate response time within the czty zs 4 nnnntes
o A new fire station # 7, located at FM 2449 and 1-35 West is scheduled for 2003
constmctlon
o The area north of a hne extending from Lively Road is under the Ponder Fire
Department junsdmtlon We have a mutual md agreement with Ponder
o The area south of Lively Road to Crawford ~s ~n the Argyle F~m Department
junsthctlon We have a mutual md agreement w~th Argyle
There are no exmtmg City of Denton water lines m the proposed armexatmn area However, a
20qnch water line is currently under construction along US H~ghway 377 comdor A second
20-~nch water line is scheduled to begin constructmn by August 2001 along Bonme Brae
comdor The 20-tach water hne located along US Highway 377 will extend to approximately
2,000 feet north of Crawford Road Thru hne will be avadable for servme August 2001 The
second 20-1rich water hne will extend to the ~ntersectlon of Bonnie Brae and Vintage
Boulevard Please be adwsed that these 20qnch water mmns by themselves cannot provide
service capacity for the entzre armexatzon area Existing residents that are on mdlwdual water
wells will be allowed to contznue to remain on these systems until they fall or a request from
the owner or TNRCC for water service is made to the C~ty of Denton
o For water service it will be necessary to extend the 12qnch water mare along Vintage
Boulevard, 20qnch water line along IH-35W comdor, 16qnch along Crawford Road
These water lines are not included in the FY 2000-2004 Capital Improvements Plan
The water main located along the Bonnie Brae comdor will beg~n construction ~n
August 2001
There are no existing City of Denton samtary sewer hnes m the proposed annexation area The
nearest Czty of Denton samtary sewer hne will be the proposed Graveyard Branch Sanitary
Sewer Line This 18-upto 36 tach s~ze sewer hne w~ll run from Crawford Road north along US
H~ghway 377 across to Denton Country Club then along Brush Creek Road where at
approximately 4,500 feet east of US Highway 377 the alignment will change to a northeasterly
direction where it will tie into the existing Hzckory Creek Interceptor This sewer hne ~s
projected to be avmlable for service zn August 2001
o For wastewater sarvlce the impact of annexation and development of the subject tract
cannot be accommodated by the proposed Graveyard Branch Sewer Lzne and the
2
' existing Hickory Creek Interceptor The constmcnon of the Roark Branch and possible
additional collection systems would be required to service this annexation area The
Wastewater Master Plan shows only the Roark Branch This project is not included in
the FY 2000-2004 Capital Improvements Plan
OPTIONS
I Maintain land area
2 Delete la~d area
3 Amend S~rvice Plan
4 Deny
RECOMMI~NDATION
Staff recommends that the first public heanng for A-01-0005 is held as scheduled, and pending
comments received, determine if additional information is needed Also, Council is asked to direct
staff whether or not to include the three parcels not owned by Petms Investment, L P in the annexation
being considered Staff recommends annexation of all the tracts identified in their entirety, with the
exception of the Lynch property Such actzon is consistent with the Denton Plan
ESTIMATED PROJECT SCHEDULE
The annexation process, 1£ followed according to the current schedule (Attachment 2), will be
completed by July 31, 2001
PRIOR ACTION/REVIEW
Council Work Session April 17, 2001
DRC Review April 12, and April 26, 2001
Petition Filing Date September 22, 2000
FISCAL INFORMATION
Development of this property will increase the assessed value of the city, county, and school district It
will require rio short-term public improvements that are the responsibility of the city
ATTACHI~ENTS
1 LocatlunlMap
2 Optional,Parcels
3 Annexatton Schedule
4 Draft Service Plan
5 Department Service Analysis
Pr~p.~redi By
Ma~ R~t~l~ff ~ /l
Development Review I~I~ager
Director of Plannmg and Development
3
Attachment I ,~
NORTH
A-01-0005 Hunter Ranch
LOOATION
Attachment 2
NORTH
A-01-0Q05 Hunter Ranch
I ' /' FM_ 2449 j William & Claudia Lynch
"1- .4 097 acres
i'
Gella Coleman
16 3861 acres ,
LOCATION OF THREE PARCELS NOT OWNED BY
PETRUS INVESTMENTS L.P.
Scale None
Attachment 3
ANNEXATION SCHEDULE OF
Hunter Ranch Annexation Area
Tuesday, Apn117 CC Work Session
Fnday, Apnl 20 Involuntary ^nnexatlon Pebt~on filed, Annexation Study &
Service Plans Drafted
30 day notice of ~ntent to annex to each property owner, each
pubhc enbty or pnvate entity that prowdes services ~n the area
and each railroad company
Thursday, May 3 Not~ce sent to be published on Monday, May 7 on C~ty Website
and ~n Denton Record-Chronicle for CC's first pubhc heanng
(Noon)
Friday, May 4 Annexabon Service Plans Completed
Friday, May 11 500' Courtesy Notme and Posbng of s~gns
Fr,day, May 17 Deadline for receipt of petit,ons for opposition to the
annexation (10 days after notice)
Tuesday, May 22 City Counc,I Conducts first pubhc heanng
Tuesday, June 5 City Council Conducts second pubhc heanng
Wednesday, June 27 Notice sent to be published on Saturday, June 30 on City
Webs~te and ~n Denton Record-Chromcle for PZ's pubhc heanng
on annexabon and zomng and CC's second pubhc hearing on
annexation and zoning (Noon)
Wednesday, July 11 Planning and Zoning Commission publ,c hearings - make a
recommendabon to C~ty Council regarding the proposed
annexat;on and the proposed zoning
Tuesday, June 26 F,rst reading of annexation ordinance - C~ty Council by a
4/5's vote institutes annexabon proceedings
Wednesday, June 27 Annexation ordinance to be pubhshed on Saturday, June 30 on
C~ty Webs~te and ~n Denton Record-Chromcle
Tuesday, July 31 Second reading and adopt,on of annexation ordinance and
public hearing for zone change request - C~ty Council by a
4/5's vote takes final acbon on annexabon C~ty Council by
s~mple majority vote takes final act;on of zone change request
Attachment 4
CITY OF DENTON
DRAFT SERVICE PLAN FOR
A-01-0005 (Hunter Ranch)
I AREA ANNEXED
The annexation area is located in the southwestern portion of Denton's Extratemtonal Jurisdiction
and contains approximately 2,226 acres generally located west of Interstate 35, south of FM 2449
and north of Robson Ranch Road and partmlly east of Robson Ranch Development and John Paine
Road
II INTRODUCTION
Thru servme plan has been prepared m accordance with the Texas Local Government Code,
Sections 43 021, 43 065, and 43 065Co)-(o) (Vernon 1999, as amended) Municipal facilities and
services to the annexed area descnbad above will be provided or made avmlable on behalf of the
City in accordance with the following plan The City shall provide the annexed tract the levels of
servxce, mfrastrncture, and infi:astmcture mamtenance that are comparable to the levels of service,
Infrastructure, and infrastructure mmntenance available in other parts of the mty w~th similar
topography, land use, and populatmn density
III AD VALOREM (PROPERTY OWNER) TAX SERVICES
A. Police Protection, Code Enforcement, and Ammal Control
Police service, Including patrolling, response to calls, code enforcement and other routine
functions, will be prowded to the property upon the effective date of the annexation using
existing personnel and equipment The C~ty shall provide a level of services, infrastructure and
infrastructure maintenance that is comparable to the level of services, infrastructure and
~nfrastrncmre mmntenance available ~n other parts of the c~ty with topography, land use and
population density similar to those reasonably contemplated or projected in the area
B. Fire Protection and Fire Prevention
Fire proteetmn and prevention services will be prowded on the effective date of the annexation
using ex~stmg Denton F~re Department personnel, equipment, and mutual aid agreements w~th
Argyle Volunteer Fire Department and Ponder Volunteer Fire Department The City shall
prowde a level of services, ~nfrastructure and infrastructure mamtenance that is comparable to
the level of servmes, Infrastructure and ~nfrastrncture maintenance avmlable in other parts of
the city w~th topography, land use and population density s~milar to those reasonably
contemplatad or projected ~n the area Fire station #7, located at FM 2449 and 1-35 West is
approved ~n the 2003 Capital Improvement Program The C~ty of Denton w~ll provide
emergency medical services ("EMS")
C Road and Streets
Roads and streets, which have been properly platted, duly dedicated, and accepted by the City
of Denton and/or Denton County, shall be mamta~ned by the City of Denton on the effective
date of the annexatmn Installatmn and m~untenance of street s~gns, street hghtmg and traffic
7
control devices will be mamtamed by the C~ty of Denton on the effective date of the
annexation
D Parks and Recreation Faciht~es
Parks~ and recreational famhtaes ~n the area to be annexed wall begin upon the effective date of
the annexation according to the 2000 Parks and Recreatmn Master Plan No parks are currently
located wlttun the proposed annexation area Denton neighborhood park faclhtics are located
within 4 33 miles of the proposed annexatmn area Residents of the proposed annexatmn area
will be able to use exastmg City of Denton park and recreation facilities and programs
E. Library Services
Llhrary services will be made avmlable on the effective date of the annexatmn on the same
bas~s and at the same level as similar hbrary faclhtaes are mmntalned throughout the city
F. Building Inspections and Consumer Health Services
Buildlng inspections and consumer health services wall be made avmlable on the effective date
of the annexation on the same basis and at the same level as sarmlar facilities are mmntalned
throughout the City Both services are prowded on a "cost recovery" basis, and permit fees
offset the costs of services dehvered Incomplete constructmn must obtain bufldrng permits
from the Bmlding Inspections Department of the City of Denton
G. Planning and Development Services
Planmng and development Servaces wall be made available on the effective date of the
annexatmn The Planning and Development Department currently services this property by
way of admmlstrataon of Chapter 34 of the Code of Ordinances, concermng subd~v~smn and
land development regulations
City iCouncfl adopted The Denton Plan, the clty's 1999-2020 comprehensive plan, by
Ordinance 99-439 on December 7, 1999 The Future Land Use Plan addresses both land in the
city and its ETJ, and the subject tracts contain Neighborhood Centers, Employment Centers,
Commumty Mixed Use Centers and 100 year Floodplain/Environmentally Sensitive Areas
The Denton Plan designates future land uses to manage the quality and quantity of growth by
organmlng the land use patterns, by matching land use intensity w~th available infrastructure,
and by presermng floodphuns as enwronmental and open space comdors The Denton Plan
wall be used as a basis for final zomng classfficat~ons after the properties are annexed
IV. UTILITy (RATEPAYER) SERVICES
A Solid Waste Collection
The C~ty of Denton as the exclusive resadentml and commercial sohd waste servme provider m
the City The Department as an entirely fee based operation and received no resources from
taxes Sohd waste collection service will be provided to the property upon the effective date
of the annexataon umng exastmg personnel and eqmpment Remdents have the option to
chogse between a pnvate company or service wath the Caty of Denton The Caty of Denton
Sohd Waste Department wall honor exastmg contracts with private sohd waste service
promders after the effectave date of thas annexation in accordance w~th Texas Local
8
Government Code, Section 43 056(0) (Vernon Supp 2000) To receive sohd waste collection
servtce, the customer must contact the City of Denton Customer Servme Office and submit a
request/apphcat~on for servme Currently the s~te contains no residences or businesses
B Water/Wastewater Faeihties
The City of Denton has no ex~stmg utthty lines located within the proposed annexation area
The C~ty shall prowde a level of servmes, ~nfrastructure and ~nfrastmcture mmntenance that ~s
comparable to the level of services, ~nfrastmcture and infrastructure mmntenance avmlable ~n
other parts of the city w~th topography, land use and population density s~mdar to those
reasonably contemplated or projected m the area
The desired water and wastewater sermce options and the phasing of the improvements will be
determined as a part of the land development and platting process The financial
responsibilities for funding water and wastewater system ~mprovements to serve the
development will be negotmted w~th the developer and approved by the Demon Pubhc
Utilities Board, Planning and Zomng Commission and C~ty Council
C Drainage Services
Drainage mmntenance will be prowded to the property upon the effective date of the
annexation The C~ty shall provide a level of drmnage services, tnfrastructure, and
infrastructure mmntenance that ~s comparable to the level of servmes, ~nfrastructure, and
infrastructure maintenance avmlable in other parts of the mty with topography, land use, and
population density similar to those reasonably contemplated or projected ~n the area
D Electrical Serwces
Denton Mumc~pal Electric is certtfied by the State and is obhgated to provide electric utility
servme to the annexation area should a request be made by a property owner Electric Utdlty
service will be made available on the effective date of the annexatmn on the same bas~s and at
the same level as s~mdar facthtles are maintained throughout the mty Denton Mumc~pal
Electric is an electric service provider in this area except for the area singly certified with
CoSERV, which is located at the northwest comer of the property
V. OTHER SERVICES
Other services that may be provided by the C~ty, such as mumclpal and general adm~mstrat~on
will be made avadable on the effective date of the annexatton The C~ty shall prowde a level of
servtces, infrastructure, and infrastructure mmntenance that ~s comparable to the level of services,
~nfrastructure, and infrastructure mmntenance available ~n other parts of the C~ty with topography,
land use, and population density s~mdar to those reasonably contemplated or projected in the area
VI. CAPITAL IMPROVEMENTS PROGRAM (CIP)
The annexed area currently has a level of servmes, infrastructure, and infrastructure mmntenance
equal to the level of services, infrastructure, and ~nfrastmcture mmntenance provided to areas
w~thm the corporate hm~ts of the City hawng similar topography, land use, and populatmn density
(or which may be reasonably projected) as the area to be annexed Thus, after the effective date of
the annexation there is no need for the m~tlatlon of the acqulsttlon or construction of capital
~mprovements necessary for prowdmg municipal servmes adequate to serve the annexed area
9
VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED
Nothing ~n this plan shall require the C~ty to prowde aumform level of full municipal servmes to
each area of the C~ty, including the annexed area, ~f different characteristics of topography, land
use, and I populatmn density are considered a sufficaent basis for prowd~ng different levels of
Sel~lCe
VIII TERM
This service plan shall be valid for a term often (10) years Renewal &the service plan shall be at
the discrqtion of City Council
IX. AMENI~MENTS
The service plan may be amended ff the City Council determines at a public heanng that changed
conditions or subsequent occurrences make this service plan unworkable or obsolete The C~ty
Council may amend the servme plan to conform to the changed conditions or subsequent
occurrences pursuant to Texas Local Government Code, Section 43 056 (Vernon Supp 2000)
10
Attachment 5
SERVICE ANALYSIS
A-01-0005
TRANSPORTATION
1 What roads, bndges and other transportation facilities will be ~mpacted by th~s
proposed annexation and development ~n terms of needed ~mprovements or
upgrades?
Name and location Type of ImProvement Approximate Cost
FM 2449 Capacity Improvements $1 0 Mil
John Payne Road ROW Dedication/Capacity Imprvmnts $2 3 Mil
2 Are any of these ~mprovements presently scheduled to be done at state or federal
expense? No. If yes, please identify facility and anticipated date ~mprovements w~ll
beg~n N/A.
3 Will additional equipment and faclht~es be needed as a specific result of th~s
annexation and development? Not immedmtely If yes, what type of equipment or
facility? NIA
4 Please comment on the cumulative ~mpact of annexation and development At what
population level would addlbonal equipment be required?
In order to maintain the current level of service, it ~s anticipated that some
additional equipment will be necessary as the subject property develops given
the size of the property and proposed lands uses in the Comprehensive Plan
Is there an accepted equipment to populabon rabo that can be used for planning
purposes? NIA
Is there an accepted employee to population ratio that can be used for planning
purposes?
The current ratio of Employees In the Street & Traffic Diwsions to population ~s
approximately 1 to 2700. We do not anticipate the need to immediately add
additional staff due to annexation of the property As the property develops,
given It's size and proposed land uses, it is safe to assume that some additional
personnel In these divisions will be required to maintain overall level of service
(pos~slbly 2 or 3 people)
Additional Comments
The above mentioned road Improvements would not be necessary until the
subject property is developed Constructton of John Payne Road, in add~tton to
r~ght of way dedication would be required of the developer for the development
of this tract. The amount or portion the developer would be responsible for
would be determined by a Traffic Impact Analys,s reviewed during the zoning
pro,ess The developer could also be required to dedicate additional right of
waylfor FM 2449 and parttclpate In the construction of capacity ~mprovements
again based on the outcome of a Traffic Impact analysis
Person to contact ~f there are questions, Dawd Salmon, PE, Asst D~rector of Engineering
5/10/01
]!
Attachment 5
SERVICE ANALYSIS
A-Q1-0005
POLICE
1 Esbmated average response t~me for th~s area based on current department
conditions
Withl current resource allocation a police unit could be ,n any part of the
annexation area within 7-10 minutes, If the call was priority I On average the
response t,mes would be 12-16 minutes Based on current resources and
departmental cond,tlons,
2 Appropnate average response t~me ~n the c~ty based on current department cond~bons
Priority 5 minutes or less
Non-priority between 5 and 10 m,nutes
Average 6 minutes
Note This ,s the current situation m the mty and would be also for the outer
most boundaries of the annexation areas, again based on current departmental
conditions,
3 If annexed and developed as proposed w~ll add~bonal personnel be needed as a
specific result of th~s proposal
We would need to add a total of s,x add,tional patrol officers, wh,ch would be
allo(~ated to the area in order to reduce the response t,me to current city
averages, The addition of the officers would be to compensate for
1, Undeveloped area to cover
2, The number of access roads leading ,nto the area,
4 W~II additional equipment and funding be needed to serve th~s area?
The six additional patrol officers would equate to approx,mately one additmnal
officer per shift with relief officers Any additional eqmpment or funding would
be in place to support the officer per shift
5 W~II a pohce substation or other fac~hty be needed to serve th~s area as a result of
annexation and development?
Due,to the distance from the police station, it we w,II need some facility for
operations The facility could be a commun,ty office and done ,n conjunct,on
wlthlother city departments In the area We currently do not have a date for
operation
6 Please comment on the cumulative ~mpact of annexation and development
The cumulative ,mpact of this annexation is primarily the add,tional landmass to
cover for a given call Currently the land m question is undeveloped and
therefore will generate very little actlv,ty
Contact Demon and ~nformatlon Date 5/7/01
Enc Parkey
Cnme Analyst
City of Denton Pohce Department 349-7947 e-ma~l ewparkey@c~tyofdenton corn
]2
Attachment 5
SERVICE ANALYSIS
Hunter Ranch Annexation Area A-01-0005
PARKS AND RECREATION
1 What neighborhood park and recreational fac~hbes are currently serving th~s area or
are capable of serving th~s area ~f annexed and/or developed (federal, state, or local)?
Currently, none are within the proposed annexation The closest Denton Park
properties are Undeveloped Cross Timbers Park and Bent Creek Park, wh,ch are
approximately 4.85 m,les away South Lakes Park, located at Hobson at Santa
Monlca (approx. 4.66 miles), Denia Park, located at 1001 Parvin (appox 4 33
miles away). Current residents will be able to use ex~st,ng C~ty of Denton parks,
facilities and programs.
2 What projects and/or eqmpment w~ll be needed to adequately serve th~s area ~f
annexed and/or development based on the parks and recreation master plan or s~m~lar
standards?
The current 2000 Park and Recreation Master Plan ~nd,cates a need for
community and neighborhood parks in th~s general area Population project,ons
propose 19,401 people living in 8,127 hous,ng un,ts Based on serv,ce
standards set m the Park and Recreation Master Plan, 48 acres or more of new
park, land will be needed for neighborhood parks Since the Park and Recreation
Master Plan ~ndicates a need for a Commumty Park, a Park w,th a m,mmum of 30
acres will be necessary
Service Standards.
Ne,ghborhood Parks 2 5 acres per t,000 populat,on (to be dedicated at
time of development)
5 acres minimum s,ze
(by developer) cost per acre
Community Parks 3 0 acres per 1,000 populat,on
30 acres minimum
3 How much additional funding w~ll be needed for maintenance ~f additional park facll~bes
are developed to serve th~s area? $165,792 00
Service Standard
Based on $3,454 (developed) cost per acre
4 How many additional personnel would be needed to properly serve th~s area ~f
annexed and developed? 5
Service Standards
0 25 to 0.5 FTE addlbonal personnel per 1.000 population (depending on type of
service)
$38,000 per year cost per add~t;onal personnel
Additional Comments Road r,ght of way requinng mow,ng has yet to be determ,ned
Bob T~ckner,940-349-8275 5-2-01
]3
Attachment 5
SERVICE ANALYSIS
Hunter Ranch Annexation Area A-01-0005
WATER ! WASTEWATER
Water and wastewater ut~hty services w~ll be provided to the annexed properties ~n
accordance with the following state and local laws and current service pohc~es and master
plans
> The Texas Local Government Code
> Chapter 43- Municipal Annexation
> Chapter 395- Impact Fees
). The C~ty of Denton, Texas Code of Ordinances, as adopted May 7, 1991
> Chapter 26- Ubht~es
> Chapter 34 - Subd~ws~on and Land Development
> The C~ty of Denton Mumclpal Utlhtles Pohcy/Procedures Manual, as revised July
1992
> Water/Sewer L~ne Extension Pohcy, as revised June 1985
> Infrastructure F~nanc~ng Pohcy, as adopted by City Council Resolution #R91-008
> The City of Denton, Texas Ordinance 98-301, as adopted September 15, 1998
> Amending Chapter 26 - Utlht~es, Adopting Water and Wastewater Impact Fees
> The C~ty of Denton Municipal Ut~htles Master Planning Documents
> Water D~stnbubon System Master Plan, October 1999, by Alan Plummer
Associates, Inc
> Wastewater Collection System Master Plan, July 1985, by Freese and Nichols, Inc
> Wastewater Treatment Planning Report, December 1998, by Alan Plummer
Associates, Inc
> Denton Municipal Ut~ht~es 2000-2004 Capital Improvements Plan
1 What ~s the nearest City of Denton water line?
There are no existing City of Denton water lines ,n the proposed annexation area
However, a 20-inch water line la currently under construction along US Highway 377
corridor A second 20-inch water I,ne Is scheduled to begin construction by August
20011 along Bonnie Brae corridor The 20-,nth water line located along US Highway
377 will extend to approximately 2,000 feet north of Crawford Road This line will be
available for service August 2001 The second 20.tach water line will extend to the
,ntersection of Bonnie Brae and Vintage Boulevard Please be advised that these
20-inch water mains by themselves cannot provide service capacity for the entire
annexation area Existing residente that are on Individual water wells will be
allowed to continue to remain on these systems until they fall or a request from the
owner or TNRCC for water service is made to the City of Denton These requests for
service will be handled in accordance with the applicable utility service line
extension and connection policies currently in place at the time the request for
service is received
2 Where ~s the nearest C~ty of Denton sewer hne?
There are no existing City of Denton sanitary sewer lines in the proposed
annexation area. The nearest City of Denton sanitary sewer line will be the
proposed Graveyard Branch Sanitary Sewer Line This 18-upto 36 inch size
sewer line will run from Crawford Road north along US Highway 377 across to
14
Denton Country Club then along Brush Creek Road where at approx,mately
4,500 feet east of US Highway 377 the ahgnment will change to a northeasterly
direction where It will tie Into the existing Hickory Creek Interceptor Th,s sewer
line Is projected to be available for service m August 2001
Existing residents that are currently on septic systems will be allowed to remain
on these systems until they fall or until a request for wastewater serv,ces from
the pwner is made to Denton These requests for service w,II be handled m
accordance with the applicable utility servme line extensmn and connect,on
pohcles currently in place at the time the request for service ,s received
3 According to the City of Denton master plan what type of lines and faclhbes would be
required for th~s area and when are those hnes and fac~htles proposed for construcbon'~
Water Distribution System Master Plan
The Water Dlstribut,on System Master Plan ,ncludes the 20-tach water ma,n
along US Highway 377. However, this 20-inch line by itself cannot provide
service capacity for the entire annexation area. The Master Plan also ,ncludes a
20-inch, 12-Inch, 16-tach and 20-tach along Bonnie Brae, V,ntage Boulevard,
Crawford Road and IH-35W respectively These hnes are not currently ,n the FY
2000.2004 Capital Improvements Plan The C,ty of Denton w,II be the retail
provider of water utility service for all future developments ,n the area since they
he within Denton's CCN for water utility servme
Wastewater Master Plan
The Waetewater Master Plan shows the Roark Branch Interceptor sewer that
tm ,nto the existing Hickory Creek Interceptor However, the Roark Branch
Interceptor is not within the FY 2000-2004 Capital Improvements Plan The City
of Denton is participating in an overs,ze agreement w,th Country Lakes
Development to an off-site wastewater flows north and west of the development
A portion of the Hunters Ranch Development appears to lie with,n the sewer
shed that will drain through th,s oversized hne The City of Denton will be the
reta,l' provider of wastewater utility service for all future developments in the area
since they he within Denton's CCN for wastewater utlhty serv,ce
4 Are there any C~ty of Denton hnes ~ncluded ~n the proposed annexation?
There are no existing City of Denton ut,hty hnes that he wlth,n the proposed
annexation area.
5 Please comment on cumulabve ~mpact of annexation and development
For wastewater the proposed Graveyard Branch Sewer Line and the ex,sting
Hickory Creek Interceptor cannot accommodate service the impact of annexation
and development of the subject tract The construction of the Roark Branch and
possible additional collection systems would be required to service th,s
annexation area The Waetewater Master Plan shows only the Roark Branch,
however, this project Is not Included In the FY 2000-2004 Capital Improvements
Plan
For water service it will be necessary to extend the 12-inch water ma,n along
Wntage Boulevard, 20-inch water line along IH-35W corr,dor, 16-Inch along
Crawford Road These water lines are not Included ~n the FY 2000-2004 Cap,tal
Improvements Plan Please be adwsed that the water main located along the
Bonnie Brae corridor will begin construction ,n August 2001.
The desired water and wastewater sew,ce options and the phas,ng of the
,mprdvsments will be determined as a part of the land development and platting
process. The financial responsibilities for funding water and wastewater system
,mprovements to serve the development will be negotiated with the developer
and approved by the Denton Public Utilities Board, Planning and Zoning
Commission and City Council.
Additional equipment may be required to accommodate the proposed annexation
area I Please be advised that this will need to be determ,ned when a more defined
development plan Is presented to staff
If you have any questions, please contact the person below
Charles F~edler, P E D~rector of Eng~neenn.q 5/11/01
Attachment 5
SERVICE ANALYSIS
Hunter Ranch Annexation Area A-01-0005
DRAINAGE
1 Annexation of the area may include subdlvls,ons that may contain httle or no
drainage. Some areas could be substandard and susceptible to flooding Major
channel or storm dreln systems may be required Correction of these problems w,II
require expenditure of City funds.
2 Until sewer or water service Is provided to these areas, no funding mechanism ~s
available to provide drainage maintenance
3 Easements may not exist to perform maintenance of channels or storm drains
4 These areas may contain creeks that do not have a detailed flood study Additional
cost will be added to the Master Drainage Plan Update to ~nclude these areas in a
detailed flood study.
5 Areas currently experiencing moderate to severe erosion could possible need
repair
6 New subdivisions would be subject to the City's Drainage Criteria, subdivision
regulations, and interim regulations.
7 The annexation area contains property within the regulatory 100-year floodplain
and designated environmental sensitive areas Several tributaries ex~st north
Robson Ranch Road (Crawford Road), and west of Interstate 35 West, which
encompass approximately 450 acres Some of the floodplain has a contrlbuhng
drainages area of greater that one square mile Current floodplain regulations do not
allow d~sturbance of the floodway ~n these areas The proposed development code
w~ll essentially prohibit any disturbance of the floodplain and enwronmentally
sensitive areas In these areas. Structures, parking lots, fill, excavation, land
d~sturbance, fences, decks, pools, and other aboveground manmade structures w~ll
be prohibited in the floodplain and environmentally sensitive areas
17
SERVICE ANALYSIS 5
A.0t-000$
ELECTRIC UTILITIES
1 What ~s the dmtance to, location of, and raze of the nearest CIty of Denton electnc hne?
DME has,existing electric c~mult on Fort Worth Drive
2 What type of lines and fac~htles would be required to serve this area?
New electric faclht~es would be based on development ~
3 Am any new hnes or famht~es l~r'oposed for construction to serve this area?
DME has purchased the land to build a substation on Fort Worth Drive where the TMPA
transmisslon hne crosses
' 4 Am there any potential responsibilities if th~s area is annexed?
NA
Please comment on th~eScumulat~ve impact of annexation and development
At what population level would additional equipment be required? NA
Is them accepted equipment to population ratio that can be used for planning purposes?
NA
Is there an accepted employee to populatIon ratio that can be used for planning
purposes? NA
Additional Comments
A part of the prope~y on the west side of 1 35-W ~s singly certified w~th CoSERV
Person to con:~ct if there are qu.~t '
A-01-0005
18
A-01-0005
FIRE
1. F~re end. Emergency Medical Servl.ce.s can be~rovIded to~the area from stabon(s~)
# ,~, (~ ,Iocatedat
2 Estimated response time /.~-/.~", minutes
3 Appropnate response time In the City ~ m~nutes
4 Is a new fire station approved in the CIP that could serve this area? /~/~'JIf yes,
what Is the ClP program year? '
5 Wdl a new fire stabon be requested in upcoming CIP proposals to serve this area?
/t~.~ . If yes, when should this station be operational?
,6 Total estimated funding for equipment, employees and/or facilibes needed to serve this
area strictly based on annexation and proposed development
7 Please comment on the cumulative Impact of annexation and development
At what population level would anothe~aclht~ be required? ~.~o .~o~--~
Is there an accepted clmulat~on to populabon ratio that can be used for planning
purposes?
Is there an accepted employee to popu[abon, ra, tio fha? can be used for planning
purposes? /
Add~bonal Comm&nts
Pers~t~ct If there are questions Date
A-01-0005
SERVICE ANALY /' 5
A-0t-0005
LIBRARY
7. If annexed, can anticipated service demands be met using existing materials, fac~ht~es,
and pemonnel?
8. If not, how many additional employees and what type of faclhfles and materials wIll be
needed to provide services?
9. Estimated additional fundl0g needed strictly based on proposed annexation and
development
10. Please comment on the cumulative Impact of annexation and development.
At what population level would another library facility be rrequlred? ~
Is there an accepted circulation to population ratio that can be used for planning
purposes? 6.34 per captta
Is there an accapte~'employee to population ratio that can be used for planning
purposes? .46Z FTE staff per 1,000 of populatfon
.11 MLS (Master of Ltbrar~, Science) per 1,000 of population
Additional Comments
Eva poole ~
Person to contact if there are ques~ons Date
A-01.0005
20.
SERVICE ANALYSIS
A-01-0005
Solid Waste
I Is residential solid waste service available too the proposed area for annexabon?
2 Is commem;al sohd waste service available to the proposed area for annexabon?
3 What is the estimated cost to provide this area with solid waste service?
Equipment and Maintenance
Personnel
4 What m the typlcal revenue collected per
" Household /'~ ~
Commercial Buslness ~'~ ~-~'~.~
5 W~[I additional equlpm~n-t be needed to serve this area If annexed or developed?
Type of Equipment
Cost of Equipment
6 Will additional employees be needed to serve th~s area if annexed or developed?
Number of Employees
7 Please comment on the cumulative Impact of annexation and development
At what pop,~lation level would additional equipment be required?
Is there an accepted equipment to population rabo that can be used for planntng
purposes? ,,~,,~
Is there an accepted employee to populabon ratio that can be used for planning
purposes?
Add~bonal Comments,
Perso~to Cd-n{a(~t if the~ are quesbons Date
A-01-0005
AGENDA INFORMATION SHEET
AGENDA DATE' May 22, 2001
DEPARTMENT: City Manager's Office
CM. Mike Conduff, City Manager
SUBJECT
Constder appointments to Council Committees
BACKGROU~ND
Staff was dtrected during the May 14, 2001 Council meeting to place tfus ~tem for consideration on the
May 22, 2001 agenda Council, at that meeting, made various lnqumes about on wMch committees the
members would be interested m serving
Members of the C~ty Council serve on designated standing committees to afford pohey gmdanee and
d~rect~on to the staff The committee assignments are revtewed annually by the C~ty Council to allow the
opportunity to, make adjustments if necessary The attached Information provides a brief Mstory of each
Council committee
Respectfully submitted
erc~ e~tal tjrs -
CITY COUNCIL COMMITTEES
COMMITTEE
Mayor BroCk (Permanent member) Mayor Brock (Permanent member)
City Manager (Permanent member) City Manager (Permanent member)
Mayor ProITem Beasley Council Member Burroughs
AUDIT COMMITTEE
Mayor Brock Mayor Brock (Permanent member)
Council M{~mber Knstoferson
INVESTi~IENT POLICY COMMITTEE
Mayor Brock Mayor Brock (Permanent member)
Councd Member Knstoferson
LALOR ~UND COMMITTEE
Mayor Brock Mayor Brock
Mayor Pro'Tern Beasley Mayor Pro Tem Beasley
Council Member Burroughs Council Member Burroughs***
Council Member McNedl
COMMUNITY JUSTICE COUNCIL
To be appointed as needed I
LAKE RAY ROBERTS P & Z
Mayor Pro Tem Beasley I Mayor Pro Tern Beasley
CONVENTION & VISITORS BUREAU
Mayor Pr6 Tem Beasley Mayor Pro Tern Beasley
Council Member Cochran
JOINT TAX ABATEMENT COMMITTEE
Council Member Burroughs Council Member Burroughs* * *
Council Member Durmnce Council Member Phillips
Council Member McNedl
ENVIRONMENTAL CO~EE
Council Member Durmnce Council Member Fulton
Council Member Knstoferson Council Member McNedl
Council Member Cochran Council Member Phillips
Mayor Brock
DALLAS REGIONAL MOBILITY CO.aI,ITION
Council Member Burroughs I Council Member Burroughs
REGIONAL TRANSPORTATION COUNCIL
Council Member Burroughs I Council Member Burroughs
COUNCEL MOBILITY COMMITTEE
Mayor Pro Tem Beasley
Council Member Burroughs
Council Member McNedl
Mayor Brock
· ** Council Member Burroughs wants to remain on these two committees only until committees are
done with current items
CITY COUNCIL COMMITTEES
`4 GENDA, COMMITTEE
The Agenda Committee was estabhshed by Ordinance 96-085 The ordinance ~ndacates that the
Agenda committee will be composed of the Mayor, one other member of the City Councd selected
by the Cotmefl, and the C~ty Manager
.4 UDIT COMMITTEE
The Audit Committee was started ~n 1992 but does not have any formal enactment document
Aucht standards recommend ~ndependent representation on the committee Current members
~nclude the Mayor (a permanent pos~t~on), two councd members, the Internal Auditor, the C~ty
Manager, the Assistant C~ty Manager for F~scal & Mtmm~pal Operations and the Assistant C~ty
Manager for Uttht~es Council membersbap on the committee may be as many or as few as desired
INVESTMENT POLICY COMMITTEE
The Investment Pohcy Committee was enacted by Policy ~408 04 The Pohcy mdmates that the
members will consist of the C~ty Manager, Executive D~rector of F~nance (now the Assistant C~ty
Manager for Fmcal & Mummpal Operations), the D~rector of F~scal Operatmns, Mayor and one
member of the C~ty Counml
VISION COLLABORATIVE
The Vmmn Collaborative was enacted as an outgrowth of a report from the V~s~on Subcommittee
That report recommended that the membership of the Collaborative include one representative from
each of thc sponsonng urgan~zattons (the C~ty of Denton, Denton Chamber of Commerce, Denton
Independent School Dmtnct, Denton Record-Chromcle, Denton Umted Way, Texas Woman's
University, and the Umvers~ty of North Texas) The representatives serve for two-year terms w~th
reappomtment at the d~seretmn of the sponsonng organ~zaUon
L.4LOR FUND COMMITTEE
Started ~n 1995, the Lalor Fund Committee does not have any formal enabhng document The
Committee was started at the request of the then current Councd to monitor the allocaUon and use of
the hotel occupancy tax and make recommendatmns to the full Counml to ensure that the tax ~s
being used to promote tourism and the hotel and conventmn ~ndustry The original membersbap
resulted from council members who were interested in the issue at that time There is no set number
of Council members who can serve on tins committee
COMMUNITY JUSTICE COUNCIL
The Commtm~ty Justme Council was estabhshed according to Article 42 131 of the Texas Code of
Criminal Procedure That Artmle mdmates that a Justice Cotmml has to be estabhshed as a
prereqms~te to estabhshlng a commumty corrections facd~ty The Commumty Justme Council
prowdes contmmng pohcy gmdance and d~rectmn for the development of criminal justice plans and
commumty correctmn facd~t~es and programs Among the members of the Justme Counml ~s a
counml member of the most populous mumc~pahty m the County that the famhty will serve
3
L.4KE RA!Y ROBERTS PLANNING AND ZONING
Enacted by S B 209, the Lake Ray Roberts Planmng and Zoning consists of 3 residents of affected
precmcts who own land m the County appomtod by the County Judge, one resident of each
comm~ssmners precinct that is affected appomted by the County Commissioner for that precmcts,
and the Mgyor or has designee that includes any part of the lake area m the county
CONVENTION AND VISITOR BUREAU
The Denton Conventmn & Vls~tor Bureau was mltmted m 1976 by the Denton Chamber of
Commerce to promote events and attraetaons, prowde hosp~tahty education, and ensure a positive
experience to Denton VaSltors It operates vm an agreement between the C~ty of Denton and the
Denton Chamber of Commerce The Bureau consasts of an Adwsory Board that makes
recommer~datmns to the Chamber of Commerce Board o£ D~rectors This Board mcludes Chamber
members, commumty volunteers, and a c~ty council representative
JOINT TAX ABA TEMENT COMMITTEE
This Committee ~s enacted through the Tax Abatement Pohcy The committee serves as the
recommenthng body to the taxmg ent~taes regarding whether economic development ancent~ves
should be offered m each andawduals case The committee is comprised of two elected officials
from each' of the taxing entttles involved (the C~ty of Denton, Denton Independent School District,
and Denton County)
ENVIRONMENTAL COMMITTEE
There ~s no officml document enactang the Envaronmental Commattee The Committee was started
in 1998 at the request of two Council members who were ~nterested in trackang water and mr quahty
~ssues as well as envaronmentally sensatlve areas No specffic number of members has been set for
th~s committee
DALLAS [REGIONAL MOBILITY COALITION
In, 1997, the City of Denton entered mto an anterlocal agreement wath the Dallas Regional Mobility
Coaht~on ,for the purpose of examunng all ~ssues related to and recommen(hng transportation
improvements and other related actions for the portxon of the Dallas Metropolitan Area served by
Dastnct 18 of the Texas Department of Transportation The Executave Committee admamsters and
governs the affatrs of the Coaht~on It consists of seven members, one each from the cataes of
Carrollton, Garland, Grand Prame, Irving, Mesqmte, Plano and Rachardson being eather the Mayor
or another elected officml designated by the C~ty Council, four members, designated by the Mayor
of Dallas; bemg e~ther two or three elected officmls from the City of Dallas and one or two
communal5, leaders who are non-elected officmls, four members, one each from Colhn, Dallas,
Denton, and Elhs County, bemg eather the County Judge or another elected official designated by
the County Judge, elected officmls from those reties not represented an e~ther of the first two
categories, one communaty leader (non-elected official) appoanted by the Dallas County Judge, four
ex-officaolmembers being the Texas Department of Transportation D~stnct 18 District Enganeer, the
Executavel D~rector of the Texas Turnpike Authority, the Executave Darector of the Dallas Area
Rap~d Transit Authority, the Staff D~rector of the Regional Transportation Council, and one
busmess leader (non-elected officml) appomted annually by the Legislative Coalition of the Dallas
Area Chambers of Commerce Based on Denton's population, one Executive Commattee seat ~s
avmlable to be filled by the Mayor or another elected officml Mayor Brock has asked Council
Member Burroughs to be the C~ty's designee to the Coalaaon
4
REGIONAL TRANSPORTATION COUNCIL
S~nce 1974, the North Central Texas Council of Governments has served as the Metropohtan
Plarm~ng Orgamzat~on (MPO) for the Dallas-Fort Worth Metropohtan Area The Regional
Transportatton Council (RTC) ~s the pohcy body for the MPO The RTC consists of 37 members,
predominantly locally elected offimals, overseeing the regional transportation planmng process and
project selection The C~ty of Denton has one representative on the RTC
WESTERN METROPLEX MOBILITY COALITION
In 1999, the Regional Transportation Council (RTC) formed a Western Metroplex Mob~hty
Coaht~on to expedite the funding and implementation of regional transportation improvements, to
address transportation ~ssues and opportumt~es of common ~nterest, and to facilitate a (halogue on
the ~mportance of transportation system mvestments ~n the western port~on of the Dallas-Fort Worth
Metropohtan area Membership ~ncludes the Regional Transportation Counml members
representing the reties of Arhngton, Denton, Grand Prame, and Fort Worth, the RTC member
representing the c~t~es of Haltom City, Keller, Watauga, North Pdchland H~lls, Saginaw, and
Pdchland Hills, the RTC member representing the reties of Bedford, Euless, Hurst, Colleyvflle,
Grapewne, Southlake, and Trophy Club, the RTC member representing the mttes of Lew~swlle,
Flower Mound, H~ghland Village, Corinth, and Lake Dallas, the RTC member representing the
c~tles of Mansfield, Benbrook, Forest H~ll, Wtnte Settlement, Azle, Crowley, Pdver Oaks, Everman,
and Kennedale, the RTC members representing the cotmtles of Denton, Johnson, and Tarrant, and
the RTC members representing the TxDOT Fort Worth D~stnct, the North Texas Tollway
Authority, and the Fort Worth Transportation Authority plus one invited representative each from
Hood, Parker, and W~se County
AGENDA DATE May 22, 2001
DEPARTMENT Sohd Waste
ACM Howard Martin, 349-8232 ~
SUBJECT.
AN ORDINANCE AMENDING CHAPTER 24, ENTITLED "SOLID WASTE", OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY AMENDING SECTION
24-2 ENTITLED "DEFINITIONS", AMENDING SECTION 24-42 ENTITLED "CHARGES
FOR RESIDENTIAL SERVICE", ADDING SECTION 24-43 ENTITLED "AUTOMATED
COLLECTION", PROVIDING A PENALTY IN THE AMOUNT OF $2,000 FOR
VIOLATIONS TH-ER.EOF, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A
SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE
Staff will present the Solid Waste Residential Automated Implementation Plan and Public
Information Timeline for discussion m order to solicit gmdance and direction from the City
Council
BACKGROUND
The FY 2002 budget provides funding for the initial conversion, approximately 9,600 residences,
of resldenttal solid waste collection service from manual to automated by begmmng the
automated service program The program consists of 96-gallon residential waste containers and
utilizes fully automated collection vetucles to pick up and empty the containers
The purpose of the orthnance amendment is to establish regulations govermng the use of
automated / semi-automated service and residential automated containers for solid waste
collections The ordinance framework was developed by reviewing the ordinances in place in a
number of cities that already have automated services, and recommendations from the Public
Utilities Board (PUB) and City Council
In addition to the changes previously recommended by the PUB, the City Council directed staff
at their meeting of February 27, 2001, to remove the wording stating that bags for manual service
and the automated containers should be placed at the curb no later than 7 00 a m on the
scheduled collection day To remain consistent between manual and automated service, this
provision has also been deleted from the wording related to manual collections too
Addmonal Council discussion concerned the dascontlnuance of service for damaged containers
Wording has been amended to provide customer consideration for damaged contaaners on a case
by case basis, Including the event of potential vandalism for winch the customer would not be
responsible
Additional points were added to Section 24-43 stating that delivery fees will be charged for the
delivery of replacement contmners (m), and that solid waste residential service may ultimately be
discontinued (n) if the customer elects to not pay their bill Customer Service always works with
Denton's utility customers to prowde payment options in all cases before any account would be
considered, or recommended for thscontlnuatlon of service Discontinuation of services is always
viewed as an option of last resort for the few customers who do not pay for the services
provided
The proposed fiscal year 2002 resldentml automated implementation plan and public information
timeline is included for review and discussion A three-phased approach for the roll out of
automated residential services is planned dunng the 2002 fiscal year Residential automated
sermce projectxons are to serve approximately 800 homes per day dunng a four-day work week
Phase 1 of the residential automation plan involves the automation of approximately 3,200
customers scheduled for implementation on October 1st Phase 2, the second 3,200 customers,
will begin receiving automated residential service on November 12th, and Phase 3, the final 3,200
customers for fiscal year 2002 will begin receiving automated service on February 1 lth, 2002
OPTIONS:
Adopt or modify the ordinance
RECOMMENDATIONS:
Recommend adoption of the ordinance as presented
PRIOR ACTION/REVIEW {Council~ Boards~ Commissions)
At their meeting of January 8, 2001 the PUB unammously approved the ordinance, 4 - 0 The
City Council discussed the orrhnance and recommended the previously mentioned changes at
their meeting of February 27, 2001
The PUB rewewed and discussed the attached ordinance (Exhibit 1) at their meeting of May 7,
2001 There was discussion regardang the recommended time mqmnng the automated container
to be removed from the street after sermce, Section 24-43 (f) The Public Utility Board
recommended removal of the contmner f~om the street by 8 00 a m the day following the date of
collection
Dunng these thscusslons it was further stated by a minority of Board members that the earliest
time for placement of waste at the curb, Sections 24-42 (h) and 24-43 (e), is really not a solid
waste issue, that tins is a code enforcement issue, so shouldn't the statements regarding the
earliest time for placement of waste at the curb be removed, or placed in an altogether different
section of the code of ordinances? These comments were recommended to the City Council for
2
review and discussion With these comments forwarded for conmderat~on, the PUB unanimously
approved the proposed ordinance, 4-0
Respectfully submitted
Assistant D~rector of Solid Waste
A Scott Lebsack
Exhxb~t 1 Proposed Automated Ordinance
Exhibit II Chapter 24 Sohd Waste Code of Ordinances
Exhibit III Sohd Waste Resldentaal Automated Implementation Plan
and Pubhc Information T~melme
ORDINANCE NO
AN ORDINANCE AMENDING CHAPTER 24, ENTITLED "SOLID WASTE", OF
THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY
AMENDING SECTION 24-2 ENTITLED "DEFINITIONS", AMENDING SECTION
24-42 ENTITLED "CHARGES FOR RESIDENTIAL SERVICE", ADDING SECTION
24-43 ENTITLED "AUTOMATED COLLECTION", PROVIDING A PENALTY IN
THE AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, PROVIDING FOR A
SAV1-NGS CLAUSE, PROVIDING FOR A SEVERABILITY CLAUSE, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, public health, safety and welfare necessitate that measures be taken
to reduce httenng w~thm the City of Denton, Texas, and
WHEREAS, lustoncally a slgmficant mount of httenng results from disposable
containers being ripped apart, overturned, and tom by ammals and rodents, and the
posslblhty of such httenng is exacerbated when such conttuners are left m public rights-
of-way for prolonged periods of t~me, and
WHEREAS, Staff believes that httenng can be reduced in the short-term by
hmmng the Ume period for which sohd waste customers may place contmners m the
public rights-of-way, and in the long-term by replacing dasposal contmners with
automated containers, NOW THERFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That Article I, Section 24-2 entitled "Defimtlons" of Chapter 24
of the Code of Ordinances, is hereby amended to add five (5) addmonal defimtlons
thereto, to read as follows
Section 24-2. Definitions
Automated Collectton means the collection of mumc~pal solid waste by a municipal
garbage truck equipped with a meehamcal hftlng device, whmh will empty non-
d~sposable garbage contmners
Automated Contamer means a non-chsposable contmner prowded by the city, of varying
capacity, used for garbage collection
Curb hne means the area directly beband the curb In the absence of a curb, the area
d~rectly betund the edge of the roadway
Mtssed Service occurs when trash containers are not collected by the city because they
were not placed at the curb line at the reqmred time, or at the required location
4
Semi-Automated Collectton means the collection of mumclpal solid waste by a municipal
garbage truck equipped w~th a meehalucal lifting device, where the non-disposable
garbage container must be maneuvered into position before lifting
SECTION 2 That Article II (Residential Collection Service), Section 24-42 of
the Code of Ordmances entitled "Charges for residential service" is hereby amended by
substituting subsection (d) as set forth below, and a subsection (h) is hereby added to
Section 24-42 of the Code of Ordinances to mad as follows
Section 24-42. Charges for residential service
(d) All residential dwelling amts within the city (except those serviced by automated
continuers per Section 24-43) shall use bags as specified under section 24-6(b), and shall
place such bags on the curb as specified by the city
(h) The bags referenced an subsection (d) above shall be placed on the curb or alley,
as specified by the city, no earlier than 6 00 p m of the day prior to the scheduled
collection day
SECTION 3 That Article II of Chapter 24 of the Code of Ordinances is hereby
amended by adding a new Section 24-43, entitled "Automatic collection," to read as
follows
Section 24-43. Automated collection
Every owner, manager, agent, occupant, tenant or lessee of any structure used as an
"individual family mt," as such term is defined m this chapter, in that portion of the city
of Denton that has been provided automated containers by the city, shall use automated
containers for the disposal of garbage, trash or rubbish, except as provided otherwise in
this section
a) Indawdual Family Umts shall be provided automated (roll-out) container(s) of various
sizes or volume as approved by the city The monthly fees assessed on the
customer's utthty bill shall be based on the number of such containers requested by
the customer and/or the size of the container(s)
b) Automated containers are assigned and issued to the location (street address) of the
customer by the city, and will not be removed, transferred, destroyed or otherwise
replaced by the customer
c) The roll-out containers shall at all times be the property of the city and shall not be
painted, marked, abused, mutilated, altered, or otherwise modified by the customer in
any way Any damage to a container by a customer shall result an an assessment
being made as soon as reasonably possible, to the customer's solid waste ball equal to
the~ replacement cost of the contmner and/or such labor and materials as are involved
to repair such container If contmner damage is determined to have been caused by
customer neghgance, then collection service may be dlseontlnued by the Solid Waste
Department until such tmae as the assessed fees are fully prod by the customer to the
mty W~thout hm~tmg the foregoing general statement, examples of abuse include,
but are not limited to overloading the contmner beyond the rated weight capacity of
the contmner, fire damage caused by hot coals or ashes placed in the contaaner,
pmntmg or marking the container in any manner, or falhng to follow the proper care
and use instructions prowded to the customer for the contmner
d) All materials, refuse and garbage shall be contained m plastic trash bags pnor to
placement m the automated contmner for collection Such plastic trash bags shall be
securely taed
e) The container shall be placed at the curb or other designated collectzon point no
earlier than 6 00 p m of the day prior to the scheduled collection day The container
shall be placed at or near the driveway, a minimum of four (4') feet from any
mmlbox, vebacle, or other obstacle On those streets where "no paring" signs are
posted, the container shall be placed beband the curb On those streets where parking
is allowed, the container shall be placed m the street with its wheels against the curb
The Director of Solid Waste or ms designate, may make reasonable exceptions to the
foregoing location requirements, as needed, upon application, to meet unique
circumstances or to avoid undue hardship caused by literal compliance with this
orchnance
f) The contanner shall be removed from the curb or other designated collection point by
the customer no later than 8 00 a m of the day following the date of collection
g) Customers whose containers were not collected because they were not placed at the
required t~me or reqmred location as reqmred by subsection (d) above, are considered
a "Missed Service" A M~ssed Service Fee shall be established in the Rate Schedule
h) A I stolen container shall be promptly reported by the customer to the Police
Department and the Solid Waste Department If a contmner is stolen at a t~me other
than that time desenbed m Section 24-43, subsection (d) and (e) above, the customer
shall be assessed a fee to replace the container If the contmner m later recovered and
is serwceable, the replacement fee shall be refunded to the customer
0 When stonng the contmner or when the contmner has been set out for collection, the
container lid must be kept closed at all times to prevent any accumulation of water
wffiun the container No bags, boxes or other items of any kind shall be placed on the
top of the closed eontmner lid so as to lunder sermcmg of the container
J) Any customer who generates more waste than one (1) container will hold may request
an,additional container or cont~uners, and shall pay the city an additional fee as set by
the Rate Schedule
k) Only authorized automated containers provided by the city will be serviced and
collected on collection day No other contanners, boxes, or bags placed at the
collection site will be collected by the city's automated system
l) Customers shall not place construction debris, hot ashes, oil, corrosive solvents, pool
chemicals, hqmds, car batteries or other hazardous substances or materials, which
may be damaging to the automated contmner, wlttnn the automated conttuner
m) A Dehvery Fee shall be charged by the city to deliver any replacement container or
any addatlonal contmner to a customer
n) Nonpayment of automated sohd waste residential fees or services will result in the
&scontmuatmn of solid waste residential services to the customer
SECTION 4 That any person vaolatang any provision of fins ordinance shall,
upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of
fins ordinance is violated shall constitute a separate and distanct offense
SECTION 5 That the prowslons of fins ordinance as they apply to Articles I and
II of Chapter 24 of the Code of Ordinances of the City of Denton, Texas, shall govern
and control over any conflicting provisions of such chapter, but all provisions of Articles
I and II of Chapter 24 of the Code of Ordinances of City of Denton, Texas, not in conflict
with flus ordinance, shall continue in force and effect
SECTION 6 That if any sectton, subsection, paragraph, clause, phrase, or
provision of this ordananee shall be adjudged lnvahd or held unconstitutional, the same
shall not effect the vahdlty of fins orchnance as a whole or any part or prowslons hereof,
other than the part so decided to be invalid or unconsututlonal
SECTION 7 That fins ordinance shall become effective fourteen (14) days f~om
the da~e of ars passage, and the City Secretary is hereby directed to cause the caption of
tbas ordinance to be published twice m the Denton Record Chronicle, the officml
newspaper of the City of Denton, Texas, Wlfinn ten (10) days of its passage
PASSED AND APPROVED fins the __ day of ,2001
EULINE BROCK, MAYOR
7
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Chapter 24
SOLrn WASTE*
Art L In General, §§ 24-1--24-40
Art. II Residential Collection Semce, §§ 24.41~24.65
-Art III. Commel~la[ Collection Semce, §§ 24-66--24-71
Art IV Poasessxon Of Open Gl~ss Conta, ners In Fry Street D~striot, §§ 24-72--
24-74
ARTICLE I. IN GF_aNEHAL
Sec. 24-1. Purpose.
The accumulation of garbage, trash and rubbtsh on the premises of prorate reladences,
busmesses, pubhc and private mst~tutxons, vacant lots and m the streets and alleys of the c~ty,
constitute a pubhc menace and nmsance and greatly mcreases the d~-~er of the spread of
mfect~ous, contagious and ep~de~mc obsesses, aud the regulaimons of th,~ chapter are adopted
for the purpose of presarvmg and protecl~ng the pubhc health, safety and general welfare by
requn'mg property owners, tenants, occupants and lessees to secure and mamtam contamers
and receptacles of sufficmnt s~ze and material for the deposxt of garbage, trash and rubbmh for
collection and removal at regular mtervals and to mam~m their premises bee of accumula-
tions thereof
(Code 1968, § 12-1)
Sec. 24-2. De6mflons.
The followmg words, terms and pkrases, when used m th~s chapter, shall have the me~mgs
ascribed to them m this sectmn, except where the contex~ clearly mchcates a chfferent me--~- g
Bulky ~terns mss.. any household ~tem tha~ will not fit ms,de a sohd waste conramer when
the hd on the sohd waste cont~,-er ts closed Only ~tsms conststent w~th resxden~al use, such
as household furmture and apphances shall be consxdersd bulky xtems
Commerc~ me--~ any strus~'use or bu~M,-g other than res~denV, al, mcluchng bu~ness
structures, hotels, motels, room,-~housas or bos~-~houses and strustu~s cant~m-~ more
than four (4) dw~lh.g umts
*Cross rsference: Dmpasal of manure, § 6-15, housmg generally, Ch 15, j,,n~ dealers
and dealers m secondhand merchanchse, § 16-26 et seq, automomve wreo~-~ and salvage
yards, § 16-126 et seq, grass and weeds crea~-_~ hms-noes, § 20-71 et seq, httermg generally,
§ 21-5, construcmon and bu~ldmg dsbns on streets, § 25-8, refuse 2.d garbage h~h.~ m
mobile home or recrea~onsl vehicle parks, § 32-90, msec~ and r~dent control m mobile home
and recrea~o.~l vekxcle parks, § 32-91
Supp No 10 1621
9
§ 24.2 DENTON CODE
Cornm. erczal garbage consists of all waste norm.lly generated by each mchwdual estabhsh-
ment, except plant chppmgs, leaves, tree ~P17~lT~lmTI~e; ~.~hes, demohtnon smd remodehng debris
and other material that cannot be broken down to fit m regular garbage contsmers
Cornrner¢:al tree tr~rarner means a parson who or firm that engages m and cohorts the
trITT~T~%11~ and/or ~l-r~g Of trees as a re&mlar part of the busmess
Hazardous waste means any ccr.~erctal or resldentml garbage, trash, rubbish or other sohd
waste ~dentufied or hsted ss a hazardous waste by the a~m~-~strator of the U S Enwromnen-
tal Protec~on Agency (EPA) pursuant to the federal Sohd Waste Disposal Act 42 U S C 6901
et seq, as amended.
Ia~'ec~zous waste means commercial or residential garbage, trash, rubbmh, or other waste
contaumn~ pathogens or Molog~cally active material winch because of ~ts type, concentraUon,
and q,~-t~ty ~s capable of transnnttmg d~sense to persons exposed to the waste,
human and .-,~al t~ssue, bandages and other material used m health care whtch become
cont-rnlnated by patho~emc matermls
Resz~l me.-~ a structure, house or bu~ldmg occupied ss a dw.11,~g only and which
cont~m~ no more th.~ four (4) dwellmg umts
Reszd~zs~ g~rbage consmte of all normal household waste, except plant chppmgs, leaves,
tree tm~.,~l-gS, ashes, metal scraps other than cans, large accumulations of boxes, demoht~on
and remodehng debrm and other material that c.nnot be broken down to fit m reD~lar garbage
conta/]3.ars
19ubb:e;:, ~ras;~ consmts of all waste aud refuse material that m not e~ther resxdent~al
garbage or cor-,~ermal garbage
Specml u~nsts means any co~-~-ermal or res~dentml sarbage, trash, rubbmh, hazardous
waste, mfect~ous waste, or other sohd waste that because of ~te quantnty, concentration.
physical or chemical charactensUcs or b~otog~cal propermes m not collectable by the cutys
sanitation d~ws~on
U~usu~ a~czz~u2a~zoas, for remdent~al sarv~cs for each reDflar co]lectnon, me.-~ more than
elEht (8), fortu-~allen plastic ba~s of garbage, trash and other sohd waste pernntted under
chapter aud/or ],mbs and cu~m~s that exceed a pzle three (3) feet m height, three (3) feet m
w~dth and cut to a m.~num of four-foot lengths and heavy, bulky ob3ects and other
accumula~ons unusual for the average household Unusual ascumulat~ons for c~-~-erc~al
serwce means any ascumulat%on penmtted under thts chapter that m not ordl~.~uly encoun-
tared m the operatmon of that type of busmsss or au accumulation substanmally F~eatar than
orchnary for that cer-,~erc~al estebl~hr, ent
(Code 1966, § 12-2, Ord No 91-066, § I, 4-30-91, etd No 98-299, § I. 9-15-98)
Cross reference--Ds~ons and rules of cons~ructuon generally, § 1-2
SOLID W~STE § 24-6
Sec 24-3 City to prowde sohd waste set. cee
The aty~s zamtat~on chwsxon sh~ be the exd~ve pro~der of re~den~ ~d commer~
g~bage, ~bbm~ ~d rede come.on ~d ~pos~ se~ces for ~ pre~ses ~,- ~he ~
~d ~t sh~ be u~a~ for ~y o~er person to pro.de resxden~ or commer~ ~ba~,
~bbmh, or rede coHe~on or ~pos~ se~ces to ~y pe~on for compe~a~on ~h,. the ~
or ~ ~e ~e of ~e pubhc s~ee~ for ~at p~ose, except ~ pr~d~ m ~ ~pter
(Code 1966, ~ ~-4, Ord No 91-066, ~ ~, ~30-91)
Sec 24~. Ch~ges for ~e of c~ 1~
~e ~ges ~ be p~d by pe~o~ for ~e use of~e ~s s~t~ 1~d~tl s~te sh.11 be m ~
~o~t eztabh~h~ ~d ~ ~om ~to-~e ~ended by ore.ce ~ ~opt~ by ~e ~
co~c~, ~e o~ces ~d ~en~s ~ere~ ~ be kept on ~e ~th ~e ~ se~t~ ~d
to be av~able for pubhc ~p~on d~ re~ b~mess h~s
(Code 1966, ~ 12-5)
Sec 2~5. D~os~ of g~b~e, ~b or ~bbmh o~y m autho~ loca~ons
(a) It sh~ be ,.nla~ for ~y pe~on ~ ~pose of g~bage, ~h or ~bhmh m ~y place
m the c~ other th~n ~ pro~ded m ~s chapter or auto.ed by ~e ~ No pe~on sh~
place ~y sohd w~, b~ ~ or ~y o~er maten~ m, on or ne~ ~ the sohd w~te
cont~er of ~other, ,,-less au~o~sd to do so by the person or perso~ who pay ~e ch~ge
for the sohd w~ coH~on so.ce
(b) ~y w~te, g~bage or o~er sohd or hqmd ma~er, resxdenn~, md~ or commerm~,
~at possesses c~a~e~ d~m~ by ~e s~te water q,,~h~ bc~d, En~o~ent~
~ote~on ~en~, s~te dep~ent of he~ or ~y other f~er~, s~te or loc~ ~en~ ha~g
J~c~on ~ be ,,-~table or de~em~ to ~he en~o~ent wh~ ~posed ofm ~e ~e of
s~t~ l~dfill operat~ by ~e ~ m he.by pro~bxted Su~ ~te~ or mn~er sh~ be
~pos~ ofm ~e m~-ner pres~h~ by ~e ~ency ha~g ~&~on ~d at ~e e~ense of
the p~ or p~es genera~ su~ maten~ ~ ~tter ~ no case sh~ such ~ten~ or
~er be plac~ for coH~on by ~e ~ nor sh~ x~ be dehv~sd to or ~posed of at ~e c~
(Code 1966, ~ 12-6, O~ No 98-299, ~ H, 9~t5-98, 0rd No 00-042, ~ 1, 2-1-00)
Sta~ law refe~nce Water qu~ s~, VTC ~, Wa~er Code ~ 26 ~4
Sec. 2~6. R~eptacles for ~sb ~d ~bbxs~
(a) Eve~ o~er, ~ager, agent, occup~t, ten.t, or lessee of ~y b~g, ho~e, or
s~e ~th~n the co. orate hm,ts of the cx~ sh~ pro.de ~d m~ sm~able comt~e~
or r~cepta&es of s,,~ent s~z~ ~d m~ber ~ hold the g~bage, ~h ~d ~bmh w~
ac~ates ~ ~e premises
(b) It sh~ be ~,-~ ~ place sobd w~e m, on or ne~ a sohd w~m cont~er m a
m~er ~ does no~ ~ow the hd of the sohd w~te con~nmer to complexly dose ~ ~ ~e
sohd w~te completely ~th,. ~e cont~er
Supp No ~ 1623
§ 24-6 DENTON CODE
It shall be a defense to prosecution under tl~s sec~on ff the sohd waste placed nex-~ to the
container ~s a b~ ~tem ~ de.ed m sechon 2~2, ~d ffthe b~ ~tem m plac~ ne~ to ~e
cont~ner less th~ fo~ght ho~s before the ~t ~sday of each month ~e delete does
not apply ~e person pla~g ~e b~ ~tem m, on or ne~ the sohd w~te cont~er w~ not
authored to use ~e sohd w~te container
(c) I~ sh~ be ~a~ for ~y person who pa~ the ch~ge for sohd w~te cont~er se~ce
to ~ow b~ ~tems to accurate ~o~d the person's sohd w~te container for more ~h~
fo~-e~ght (48) ho~s
(d) ~e ~st ~e subsec~on (a), (b), or (c) m ~olat~ by ~ m&~du~ or a b~mess, the c~
my send out a ~n w~mg no~g the person who pays ~e sohd w~ ch~ge that
the ~ola~o~ ~e repeated ~en ~e level of se~ce may be automa~c~y increased at ~e cost
of such person ~ ~e m&~du~ or b~mess ~olates subsec~on (a), (b) or (c) a second
~hm sm (6) monks of ~e ~t ~olatmn, ~e c~ may send out ceded m~ no~g ~e
pe~on who pays ~e sohd w~te c~ge that ff a ~ola~on occ~ a ~d ~e, then ~e level
of se~ce ~ be automa~c~y m~e~ed ~ ~e m&~d~ or business ~olates subse~on (a),
(b) or (c) a t~d ~e ~bm ~ (6) mont~ of the ~st ~ola~on ~d ff~o (2) wings
sent Co the person who pa~ ~e sohd w~te ch~ge, the level of se~ce may be au~ma~c~y
m~e~ed ~e ~en w~m~ ~d m~e~ed level of sedco ~e rome&es m ad~on to ~y
~mm~ prosecumons w~ch my be brought ~der t~s se~on
(e) Except ~ o~e~se ~o~ded m t~ ~pter, pl~c bags des~ for g~bage, ~h
~d ~bbmh ~spos~ ~at meet st~d a~ spe~ca~c~ ~d hamg a capaa~ of no~ more
~ fo~ (40) g~o~ sh~ be used ~d plaid on ~e c~b or ~ey ~d sm~ably prote~
.m~s ~d ve~m ~ ba~ sh~ be sec~ely ~ or o~e~e have ~ opemgs s~ely
~osed Paper bags desk.ed for g~b~e &spos~ ~d possessing ch~actem~cs app~ved by
the ~e~or of sohd w~te ~ be~ equ~ ~ ~e pl~c ba~ described m ~H~ subse~on or
othe~se sp~ed by the m~ may be pe~ed when placed on ~he ~b~e or ~ey ~d
properly pro~ect~ Other cent~ers or recep~cles may be m~ whe~ ~he~e pem~ed
~d~ t~ chapter
($ ~e cl~ sh~ ~sh oae h~ed fo~ (104) b~s each ye~ per m&~d~ f~,~y
~d may m~e av~able for s~e ad~on~ ba~ ~o m~ze~ of ~e cW at loca~ons dem~at~
(d ~e con~en~ of ~h or mbbmh receptacles sh~ be socked so t~t ne~er ~e ~d
nor ~l~S c~ sca~er ~h or mbbmh ~er the prem,~es or over the s~eets or ~eys of the
(Code 1966, ~$ ~-8, 12-9(b), (c), 12-II(b), Oral No 98-299, $ ~, 9-15-98, Oral ~o 00-042, $ 2,
2-1-00)
Sec 2~7. We~ht l~tatmns of
~e tot~ wesght of ~y g~b~e bag ~d contenm ~d of ~y tr~h ~d ~bbmh recepta~e
~d conten~ sh~ be ~ (50) ponds or less
(Code 1966, $12-10)
Supp No 10 1624
12
SOLID WASTE § 24-11
Sec 24-8 Removal of ~n~uthorlzed containers
All gs.rbage and refuse contamers, dr~m~ and barrels not meeting the requirements of thru
chapter shall be removed and dmposed of by the aty and the cxty shell not be hable for the
removal and chsposal
(Code 1966, § 12-12)
Sec. 24-9 Protubltecl materials and regula/aons.
(a) The head of the aty% saturation chvmmn shall keep a hst of speaal waste that m not
acceptable for collection and d~sposal by the samtat~on &wsmn The head of the samtat~on
d~ws~on may also make reasonable rules regarding the collecmon and dmposal by the at~s
samtatmn ch~amon of any garbage, rubbmh, trash, or other sohd waste timt reqmres spemal
preparation or havdlm~ to meet the reqmrementz of any state or federal law or regulatmn or
which are otherwme necessary to ssfely and properly collect, transport, and provide for
dmposal The hst of specml waste and the rules shall be wnt'~en and kept on file by the head
of the sanitat~on d~wsmn and be av-,1-ble for pubhc inspection during regular busmeas hoars
(b) No person shall depomt m any container serviced by the csty s--~tatnan chv~s~on any
specxal waste The c~ty samtat~an &ws~an may refuse to collect, transport or dmpoee of specml
waste or any other garbage, rubbmh, trash, or other sohd waste that does not comply w~th fins
chapter or the regulations made by the head of the samta~non &wsmn
(c) Each property owner shall be responsible for arranging w~th an authorized private
hauler for the collection, removal, and chsposal of any specxal waste or other garbage, trash,
rubbmh, or other sohd waste which the c~ty's samtatnon &ws~on will not collect
(Code 1966, § 12-14(a)--(d), Ord No 91-066, § IV, 4-30-91)
Sec 24-10. Garbage, trash and rubbish to he drame&
All garbage and ail trash and rubbmh mlwed w~th water or other hqmds shall be drained
before being placed m the receptacle
(Code 1966, § 12-1§)
Sec 24-11. Preparation of tree lunbs and cuttings
(a) Tree hmbs, shrubs and hedge cut. rags shall not exceed four (4) feet m length and shall
be stacked neatly ~th one (1) cut end toward the stree~ at the curbhne No umt or pmce shall
weigh more than fu~qr (50) pounds S~-~1 p~ecee, s.-~ll cuttm~ and small loose materml shall
be placed m approved plastnc bags
(b) The d~rector of co~.r-umty services ~h~11 pro. de for reg~l~ collectmns of trash and
rubbmh which has been prepared m accordance w~th tb~s asctmn, and ff more than normal
work m necessary m m ~]~ff such collec~on, a reasonable .h.~ge shall be made for such serwce
m addmon to the regular monthly serwce charge
8upp No 10 1625
13
§ 24-11 DENTOi¥ CODE
(c) Brush, hmbs, leaves and cuttmgs from trees and shrubs whtch have been tmmr~ed or
removed by a commerces/tree tr~m,~er shall be d~spoeed of at the expense of the owner or
person contro]h~ the s~,~, or upon payment of the actual cost of such removal plus ten (10)
percent of such cost to the c~ty
(Code 1966, §§ 12-16(b), (c), 12-17(c))
Cross referenoe---Landscapmg, screemng and tree preservation generally, Ch 31
Sec 24.12 Heavy or unusual accumulations
(a) Construction mator~al and other accumulatioas as a result of constr~ctmn, remodelmg,
repan~_ng or destruc~on shall be chsposad of at the expense of the owner
(b) Household furmsh~.Ss, goods and apphances, mcludmg but not h~-~ed to stoves,
re~gerators, we~qh,.~ or drymg ma~h,-ee, hot water heaters, sofas, chairs, tables, mattresses
and box sprmgs, shall be thsposed of at the expense of the owner or person control]~-~ same or,
upon request and payment of a fee estabhshed by the cxty ceuncul and on file m the office of the
mty secretm'y, shall be removed by the cxty
(Code 1966, § 12~17(e), (f))
Sec 24-13. Fees for cle~n,,~ area surroundmg sohd waste contamers
(a) If bulky ~tems are left next to, m, on, or near a sohd waste contamar m v~olai~on of
section 24-6(b) or 24-6(c), then a forty-five dollar ($45 00) fee for the removal of the first
bulky xtem shall be charged to the person who pays the fee for the schd waste
contemer For each adcht~onal bulky ~tem removed, a ton dollar ($10 00) fee per item
sh~] be assessed unless the bulky ~tom m an apphance con~-~ chlcn~nated
flusrocarbous (herema_.-%er referred to as cfc's) or polychlormated bxphe--l~ (heremaf-
tor referred to as pcb's) If the bulky item m an apphance cont.,-~-g cfc's or pcb's, the
fee shall be twenty dollars ($2~-~) per app)~.-ce
(b) If sohd waste, other ~b.. bu/k-y xtems, m lef~ m, on, or near a sohd waste cont.~-er m
violation of section 24-6(a) or 24.6(b), then a sn~7-five dollar ($65 00) fee shall be
charged to the person who pays the fee for the sohd waste contamer for the removal of
up to one (1) cuMc y~rd of sohd waste An adcht~onal fee of thn-ty dollars ($30 00) for
every addmonal cubxc yard of sohd waste up to mght (8) cubxc yards shall be assessed
unless the sohd waste exceeds exght (8) cubic yards
(c) If more tH~- mght (8) cubm yards of sohd w~ste are left m, on, or near a sohd waste
contamer m wola~non of section 24-45(a) or 24-6(b) the eehd weete deparanent shall
pro. de wn~en no.ce to the person who pays the fas for the sohd waste coat.mar
requn-mg the person to lease approprxate eqmpment as specked by the sohd waste
department and prowds for the removal of the snhd waste
(d) It m unlawful for a person race,wag not.ce to remove sohd waste under section 24.13(c)
to fml to have oll the sohd waste removed w~H~- forty-eight hours (48) of the not, ce
Supp No 10 1626 1 4
SOLID WASTE § 24-65
(e) Up to e~ght (8) bulky ~tems per month wzll be p~cked up w~thout any charge ~the bulky
~tem~ are lei~ by the sohd waste contamar less than forty-eight (48) hours before the
first Thursday of each month sad ~fthe bulky ~tems are not apphances csat~,-,~g pch's
or cfc's
(Ord No 00-045, § 3, 2-1-99)
Sees. 24-14 24-40. Reserved.
ARTICLE II. RESIDE1NTIAL CoT,r,P, CTION SERVICE
Sec 2! il Requared.
(a) Any owner, occupant, tenant or lessee of any residential pre~n~es m the c~ty shall have
garbage, trash ~nd rubbish regularly removed by the c~ty
(b) The charges for such service shall be included on the monthly b~ll of the apphcant, as
determ~-ed by the ut~hty deposxt or seines apphca~on
(Code 1966, § 12-18(a), (b))
Sec 24-42. Charges for residential semce
(a) As ~sed m thru section, the term "md~wdual f~m~y umt" shall mean each s~de of a
duplex, each hying umt per sub&v~ded lot, each apartment m an apm-t~uent house to and
including four (4) umte and any umt or hying space m which a single f~m~ly resides
(b) The charge for collecting garbage, ~rash aud rubbmh from each mchv~dual f~n~ly umt
shall be m an amount estabhshed sad as from t-~me-to-t~me amended by ordinance as adopted
by the coty cosaml, the ordinance sad amendments thereto to be kept on file w~th the c~ty
secretary and to be avmlable for pubhc inspection during regular business hours
(c) 1?iul~ple-dwelh.~ umts hawng e~thar water or electmc~ty bzlled through a single meter
vo. ll be b~lled a single charge along w~th the single water or electmc charge, regardless of the
occupancy of such multnple-dwe~.~ umt Multnple-dweilmg umts clasmfied as fratermt~es,
soronUes, boardinghouses and dornntomas shall be charged as a comr-arcxal or mstntut~onal
ear.ce Any multiple-dwelling umt which requires more than the m~-~,~um service desorxbed
m thru chapter m sub, eot to hav~ug the charges increased by the d~rector of com~-~z~mty ser~ces
based upon the additional required serwce
(d) All remdentml dwelh.~ umts shall use bags as specufied under section 24-6(b) ~ud shall
place such bags on the carb or alley ]me as specked by the c~t-y
(e) Containers (bags) may be placed m other locattons designated by the c~ty ~f no member
of the household ~s phys~c~ly able ta place such contsmers on the curblme Such exceptions
shall be at the chscret~on of the c~ty
(Code 1966, § L2-19)
Sees. 24-43--24-65. Reserved.
15
§ 24-66 DENTON CODE
ARTICLE ~-[ COMIVI~RCIAL COI,T,~,CTION SERVICE
Sec 24-66 Charge for commercial or institutional servxce
(a) The charge for collection end removal of garbage, trash and rubbmh fi.om pr~r~l~es used
for business or mstltut~onsl purposes shall be based upon the s~ze, type and number of
con~n~ners m uss at such estabhshments and the frequency w~th winch containers are
scheduled to be serviced by c~ty collec/non personnel Such charge shall be m an amount
estabhshed and as from tnne to t~ne amended by ordmauce as adopted by the cAty councd, the
ordinance and amendments thereto to be kept on ~le w~th the city secretary and to be avsdable
For pubhc mspectnan during re~,]-w business hours
(b) The set.ce charge for other comr. erclal waste d~sposal and collec~on serwces not
otherwme prodded for pursuant to thts sec~on may be prowded upon approval of the
superintendent of sohd waste at a cost not to exceed the actual cost plus ten (10) percent
(Code 1966, § 12-20, Ord No 89-032, § I, 2-21-89)
Sec. 24-67. Owner to arrange for collection
Every owner, occupant, tenant or lessee of any busmeas, co,-,~ercml, or mst~t-ut~onal
property, or other property not ent~led to receive resxdenUal garbage collection serwces shall
arrange, by contract w~th the city, for corn,~erc~al garbage coHect~an and chsposal servtces from
the c~ty's samtatnon chwsmn, except as otherwme sp_ec~ed m ~ chapter
(Code 1966, § 12-21, Ord No 91-066, $ V, 4-30-91)
Sec. 24-68. Cont-,,~ers furmshed by c~ty for com.~erc~al and mdustmal concerns
(a) The chrector of com.-,rmty set.cee may locate and place metal refuse containers for use
by cornmermal and mdustmal concerns m accard~-ce w~th the need~ of the md~wdual cencern
All concerns for winch containers are so prowded by the c~ty shall place all refuse and waste
materials m such cont~,-ers and .~h~l not place waste refuse or garbage m any containers
except those demgnated by the d~rsctor of corn m,,.~y servtces for their use It shall be ~ml~wful
for any person using such containers to leave the hd open after placing refuse material thereto
(b) All boxes and cartons must be broken down and placed m proper contamars
(c) The m.~,~um weight of the container and contents sh~ll not exceed twelve hundred
(1,200) pounds The net conten~s sh~!l not exceed s= hundred (800) potmds
(d) Reserved.
(e) Where more than one (1) commercml estabhshment uses the same container, the
charges shall be prorated according to use, but m no case sh~l~ be less than an amount
astabhshed by the c~ty council and on ~e m the office of the mty secretary
Supp No 10 1628 1 6
SOLED WASTE § 24-70
(D The charges for containers sh~11 apply to all types of approved use except apartment
houses and residences served by containers Such apartment houses and reszdences sh~11 be
charged the regular rate hsted m th~s chapter
(Code 1966, § 12-22, Ord No 91-066, § VI, 4.30-91)
Sec 24-69. ~,n_~,,~] pernnt reqmred for specxnl waste haulers
(a) No person shall collect or remove for compensatnan from any property w~t.h,, the c~ty
any spectal waste w~thout first obtmm~g a special waste hanler's pernnt from the chvL~on of
saturation
(b) The person applying for a specml waste hauler's permit shall make apphcatxon to the
c~ty's saturation chv~s~on of forms prowded for that purpose, and pay the required fee The
apphcatmn sh~l] reqmre the followmg mformat~on
(1) The name and busmass address of the apphcant
(2) The name of the owner of the property and the address where the spemal waste will be
collected
(3) ~. dascr~ptnon of the special waste to be collected
(4) The location where the spemal waste will be d~spesed, including proof, when requzred
by the head of the samtat~on chws~on, that the apphcant m legally authormed to dump
at the specified locat~an
(5) A descrxptxon and the hcense number of the motor vehicles to be used m collectnng and
tr--~portmg the specml waste w:th,, the cuty
(6) Any other m2'ormat~on wlach m reasonably necessary to aJmm,star th_ts sec~on
(c) The head of the samtatton chwsmn shall msue the spemal waste hauler's perxmt to the
apphcant ff.
(1) Proper apphcatman has been made and the fee ps~d
(2) The apphcant ~ only be collecting specml waste as defined m th~ chapter
(3) The apphcant ts authermed tc use the specified dmposat sxte and the manner and place
of chspoeal does not appear to v~olate any state or federal law or regulation or c~ty
(d) The spemal waste hauler's per:mt shall be vahd for one year from the date of
(Code 1966, § 12-23, Ord No 90-003, § I, 1-2-90, Ord No 91-066, § VII, 4-30-91)
Sec. 24-70. Recyclable refuse
(a) Noeh,-g m tills chapter shall proh,lat a person from collactmg, gathering, or transport-
mg recyclable refuse collected from property w~h~. the mty
Supp No 10 1629
17
§ 24-70 DENTON CODE
(b) Any person who transports recyclable refuse collected from any property reside the c~ty
to a point outside the c~ty more thau three t~mes per year shall register w~th the c~tfs
samta~on d~wmon, on forms prowded for that purpose There shall be no fee for reg~stratuon
(c) As used m tins section, "recyclable refuse" means glass, tm, al~m~-~n, paper, newspa-
per or other dascarded materials winch are not special waste and have been separated from
other garbage, trash, and rubbish at the point of collection for dehvery to another locatuon for
proceasmg for reuse
(Ord No. 914066, § ~ 4-30-91)
Echtor'e note--Ord No 91-066, § VIII, adopted April 30, 1991, amended fomer § 24-70,
relatnve lo hcease terms, m ~ts en~rety to read as hereto set out The prowsmns of former §
24-70 demved from Code 1966 § 12-24 ~.a Ord No 90-003, § II, adopted Jan 2, 1990
Sec 24-71. Dxsposmg of recyclable materials.
It shall be ~]awful for a person to place any non-recyclable sohd waste m any recycling
receptacle or to leave any non-recyclable sohd waste on a recycling s~te
(Ord No 98-299, § IV,, 9-15-98)
ARTICLE IV POSSESSION OF OPEN GLASS CONTAINERS IN FRY STREET
DISTRICT
Sec 24-72. Deflmtlone
Fry Street D~sZrzct Refers to the area as descrxbed m Zoning Ordinance No 2000-045 as the
Fry Street dmtnct The Fry Street dastmct ~s generally bounded by Welch Street to the east,
Oak S~reet to the North, Ave B to the northwest, Ave A to the southwest, Mulberry Street to the
southeast, and PI~ckory Street to the southwest, whxch m depxcted m Exhibit A a~tached hereto
and made a part hereof by reference
Glass container Means any glass bottle or receptacle, closed or capable of being closed
Ord No 00-045, § 1, 2-1-00)
Sec 24-73 Proh,hxtxon of open glass contm,,ers
(a) Prohr~rtzons No person shall possess w~h,- the Fry Street obstruct upon or
ad3acent to any right-of-way, street, sldew.~l~, pedestrian way, or parh~.~ area, any glass
container winch is open or has been prev~oasly opened except for use on the premmas where the
glass contamars are acquired
(b) Exemptmns Not'w~hstandmg any other prowslan ofth~s secrmn, noChm~ m thxs sectmn
shall proinblt the possession of the following glass cantamers m the Fry Street
(1) Baby bottles cont-~-,-g products for cons,~mptnan by haines,
(2) Glass drug con~aners con~-,-g prescnptnon drugs,
Supp No 1.o 1630
18
SOLID WAST~ § 24-74
(3) Glass cont~,ners that are being transported m a trash bag chrectly to a trash or
recycling cont~wner for &sposal or recychng purposes,
(4) Glass lined vacuum plcmc containers or t~ermos bottles, aud
(8) Any container as pern~tted by Texas ~cohohc Beverage Code Ann 28 10(b)
(Ord No 00-045, § 1, 2-1-00)
Sec. ~4~74. I~-scretxon ofpohce officer.
Whenever any pohce officer shall, m the exercxse of reasonable judgement, decxde that the
presence of any person m any pubhc place m causing or ~s hkely to cause any of the concht~ons
enumerated m subsectmu 24-73(a), he may, Lf he deems xt necessary for the preservaUon of
pubhc peace and safety, order that person to leave that place and surrender the open glass
con~-~er Any person who shall refuse to leave or surrender an open glass container al%er
being ordered to do so by a pohce officer shall be m wolatmon of tJus asct~on
(Ord No 00-045, § 1,
[The nex~ page is 1679]
Supp Nc 10 1631
19
CITY OF DENTON SOLID WASTE DEPARTMENT
SOLID WASTE RESIDENTIAL AUTOMATED IMPLEMENTATION
PLAN & PUBLIC INFORMATION TIMELINE
7/2/01 PUB Approval
914101 C~ty Councd Approval
March - May Automated Route Planmng
May Meet w~th automated container vendor
8/6/01 Order bag tags for extra waste pmkups, if needed
8/20/01 Prepare & Pnnt Flyer detad to be attached to container
Aug - Sept DRC Advertising, DRC News Arbcles, & Bdl Stuffers
Aug - Sept Channel 26, News Releases, Place pmkup data on COD Internet S~te
Aug - Sept Inform the public on automabon, yard waste, bulky ~tems, apphances,
p~ckup days, recycling All Solid Waste procedures
PHASE I - 3.200 Customers
8/1/01 Order & pnnt Phase I c~bzen postcards for Pubhc Meebngs
8/13/01 Put together ~nformabon packets for meetings
8/20/01 Public Meeting I-I
8/23/01 Pubhc Meeting I-II
9/17/01 Prepare & mall notice to Phase 1 residential customers
9/24/01 Toter, Inc to assemble & deliver Phase I, 3200 containers per contract
10/1/01 Start Phase I automated pickup of 3200 residential customers
PHASE II - 3~200 Customers
9/19/01 Order & pnnt Phase II clbzen postcards for Pubhc Meetings
10/1/01 Put together ~nformat~on packets for meetings
10/8/01 Public Meehng I1-1
10/11/01 Pubhc Meeting Il-II
10/29/01 Prepare & mad nobce to Phase II residential customers
11/5/01 Toter, Inc to assemble & deliver Phase II 3200 containers per contract
11112/01 Start Phase II automated pickup of 3200 res~denhal customers
PHASE III - 3.200 Customers
12/15/01 Order & pnnt Phase ltl c~t[zen postcards for Public Meebngs
1/9/02 Put together ~nformation packets for meetings
1/14/02 Pubhc Meeting II1-1
1/17/02 Pubhc Meebng II1-11
1/28/02 Prepare & mad notice to Phase III residenbal customers
2/4/02 Toter, Inc to assemble & deliver Phase III 3200 containers per contract
2111/02 Start Phase Ill automated pickup of 3200 residential customers
20
EXHIBIT Ill
AGENDA INFORMATION SHEET
AGENDA DATE May 22, 2001
DEPARTMENT Solid Waste Department
ACM' Howard Martan, 349-8232 ~
SUBJECT:
Receive a report and hold a discussion and give staff direction regarding preliminary finchngs of
the commumty recycling survey conducted for the City by the Survey Research Center at the
University of North Texas
BACKGROUND:
At its January 23, 2001 work session, the City Council directed Staff to provide for the conduct
of a survey of the Denton commumty to determine levels of support among Denton's citizens for
~mplementatlon of curbslde recycling and its associated cost Pursuant to that directive Staff
contracted with the Survey Research Center (SRC) at the University of North Texas to conduct
the survey Subsequently, Staff held several meetings with SRC personnel to discuss the survey's
purpose and methodology, and to develop an lmtlal body of survey questions SRC proposed
conducting a telephone survey of a random sample of both single-family Denton residents and
multi-family residents The prelmamary survey questions were then submitted to the City's
Commumty Reeyehng Committee dunng several of its meetings in March and April for its
review and suggestions As a result, several of the questions were revised and several questions
were added by the Comamttee to more comprehensively address recycling issues and garner
more representative findings (Exhibit I)
Once the survey instrument was finalized, the SRC conducted a stratified random telephone
sample of 300 smgle-famfly residents and 100 multi family residents who were 18 years or older
at the time of the survey wtuch was conducted between May 3 and May 11 The survey's margin
of error is +/- 5 per cent and its preliminary findings are attached as Exlublt II Although the
attached fmchngs are not in final form (which will include charts and graphs and will be available
in June), the prelmunary survey findings are statistically reliable and can be generalized to
represent the attitudes and opinions of Denton's population
OPTIONS:
Not Appheable
RECOMMENDATION:
Although Staff has no recommendation at th~s t~me, ~t beheves that the survey was conducted
based on generally accepted pnnc~ples of random sampling methodology and that ~ts findings are
statistically rehable
ESTIMATED SCHEDULE OF PROJECT'
Not Apphcable
PRIOR ACTION/REVIEW (Council, Boards, Commission):
The survey's prehm~na~ findings were subrmtted to the Pubhc Uttht~es Board at ~ts meeting on
May 21 The Board's comments concerning the survey's findings w~ll be verbally commumcated
to the Council dunng ~ts work scssmn
FISCAL INFORMATION:
The survey cost ~s estimated at $9,500
BID INFORMATION:
Not Apphcable
MAP:
Not Apphcable
Kespectfully submitted
Howard Martin
Assistant C~ty Manager for Utd~t~es
Prepared by
seph A Ialent~
Recychng Manager
EXItIBITS.
Exhtb~t I - Survey Instrument
Extub~t II - May 15, 2001 C~ty Councd Curbs~de Recychng Agenda ~tem
Exhth~t III - Prelmunary Survey Findings
2 2
CITY OF DENTON RECYCLING SURVEY
Hello, my name is The City of Denton is conducting a survey about sohd
waste and reeychng and I would l~e to speak with anyone age 18 or older (TO
RESPONDENT) The City of Denton is conducting a survey about sohd waste and
recycling m the city The questions I want to ask you will take only a few manures and
your answers will be useful to the city staffand councul as they consider the furore of
automated garbage collection All of your answers will be kept confidential
1 Do you use any ofDenton's drop-offrecyclmg centers?
1 Yes (ASK la-b) 2 No (SKIP TO lc)
la What City or School District drop offcenter do you use most often?
North Lakes __ Shady Oaks __ Kroger Loop 288 _
Piggly Wiggly - Sherman Dr __ P~ggly Wiggly - McKmney St __
Mumclpal Landfill __ Cupboard Natural Foods __
Carpet Outlets - Ft Worth Dr __ DISD Schools __
lb What materials do you recycle at the drop-off centers?
1 Alummum 2 Glass 3 Tm/Steel
4 Cardboard 5 Pla~cs 6 News/Office Paper
1 c What is the prunary reason you do not use the drop-off centers?
1 Not interested m recycling
2 L~ek of transportation to the centers
3 Drop-off centers are mconvement
4 Don't know where they are located
5 Other
2 In addmon to your regular monthly residential solid waste collection charge, would you
be willing to pay up to $2 oo more each month for curbside recycling?
1 Yes 2 No
3 It may cost you shghtly more each month to have your curbsule recyclables collected
on the same day that your regular sohd waste ~s collected Would you be willing to pay
slightly more to have your recyclables collected on the same day as your regular sohd
waste?
1 Yes 2. No
3
4 Do you compost or mulch grass chppmgs or do you put grass chpp~ngs in bags for
curbs~de pink-up?
1 Compost/Mulch 2 Bags
5 Do you compost or mulch leaves, or do you put leaves m bags for curbslde plck-upO
1 Compost/Mulch 2 Bags
6 How oftan do you recycle bulky items such as appliances or large tree and brush hmbs
by placing them out for collection?
1 Weekly 2 Monthly 3 Several times per year
4 Never
7 How often do you see a need for a Household Hazardous Waste Collection event?
1 One tune per year 2 Two tunes per year 3 Three tames per year 4 Four
tmaes per year
8 Thinking about the amount ofsohd waste/garbage produced by your household, do you
feel that you have a great deal of control, some control, or no control over the actual
amount of sohd waste produced by your household each week~
1 Great deal of control 2 Some control 3 No control
9 Are you very concerned, somewhat concerned, or not at all concerned about the
quahty of the natural enwronment m Denton?
1 Very concerned 2 Somewhat concerned 3 Not at all concerned
10 Now for the last few quemons I would hke to ask you several ttnngs about
yourself Ftrst, do you own your home or do you rent?
1Own 2Rent
11 Into whtch ofthe following age groups do you fall?
1 18-25 2 26-35 3 36-45 4 46-60 5 61 and over
4
12 What ts the last grade m school you completed?
I Less than bagh school 3 Some college
2 High school grad 4 College grad or more
13 I am going to read you several dtfferent income categories Without telling me your exact
income, please tell me the number for the category m which your total household income
for the past year falls
1 Under $15,000 4 60,001-80,000
2 15,000.30,000 5 OverS0,000
3 30,001-60,000
14 To what racml or ethmc group do you belong~
1 Whte 2 Black 3 Hispamc 4 As~an 5 Other
15 What ~s your res~dermal ;ap code?
INTERVIEWER RECORD GENDER OF RESPONDENT
1 FEMALE 2 MALE
Thank you for your tune and cooperataon Tbas survey wtll be very helpful to the City
officials who are workang to provtde better sohd waste services to the c~t~zens m the C~ty
of Denton
AGE~DA DATE May 15, 2001
DEPARTMENT Sohd Waste Department
_!
ACM Howard Martin, 349-8232 ~
SUBJECT:
Receive a report hold a thscusmon and g~ve staff d~rect~on regarding responses to the C~ty's
curbs~de recycling and muin-farmly recychng collection bid sohmtat~on
BACKGROUND:
At 1ts January 23, 2001 work sesmon, the City Council chrected Staff to expedite the msuance of
a curbs~de collectton b~d sohc~tatton to promde Denton's remdent~al custom~rs w~th curbs~de
recycling collectton sermce and multa-famoJy recychng collectmns Bad spemficatmus (Extnb~ts I,
12) were subsequently re'mewed by the Pubhc Utilities Board, the Counml, and the Commllmty
Recycling Comrmttee As instructed, Staff ~ssued the bad on March 13 and held a pre-bad
conference on March 27 w~th bads due back to the C~ty by April 5 A total of nme b~ds packages
were mailed to recycling compames, m response, b~ds were receaved fi:om the followang four
compames (Exl:ubat m)
1 Ab~ttb~ Consohdated- Axhngton
2 Waste Management of North Texas - Lew~smlle
3 Tnmty Waste Serrates-Piano
4 Communlty '?~raste Dmposal - Dallas
All of the foregoing b~dders are well known recycling compames and among them promde the
bulk of recychng serv:tces to commumttes m the north Texas area Although all of these
compames submztted bzds for curbszde recychng, only Tranty Waste and Commumty Waste
D~sposal subzmtted multz-farmly bzds The bzds were remewed by Commumty Recycling
Comrmttee on April 13 and the ?ubhc Utahtzes Board at ats meeting on April 16 Neither body
made any bid rec6mmendatzons
If res~denttal curbs~de recycling ~s ~mplemented as b~d, the City w~ll assess each of~ts res~denlaal
sohd waste customers a monthly fee equal to the monthly per household amount of the b~d ~tem
selected. Tlus fee w~ll be apphed to all res~denlaal customers regardless of their part~capatton m
curbmds recycling The C~ty wall, m tnm~ pass th~s revenue through to the curbs~de recychng
contrm:tor In add~laon, the C~ty vnll assess each remdentml customer an admm~stralave fee of up
to $0 50 per household to be retained by the C~ty to pay for costs associated w~th admm~stratton
of the curbs~de sermce contract
6
EXHIBIT II
to $0 50 per household to be retained by the C~ty to pay for costs assocuated w~th adm,mstrataon
of the curbslde serwce contract
In order to prowde the Council w~th public input on the subject of curbslde recychng, Staff
recently commlSSXoned the Survey Kesearch Center at the Umvers~ty of North Texas to conduct a
telephone survey of the Denton commumty to deterrame levels of support for curbs~de recychng
and ~ts assocaated costs Both smgte-fannly residents and mult~-fannly residents will be surveyed
Prelmuna~ survey results should be avarlable by May 22 at w~nch me Staff will return to
Council for further &scuss~on of the carbs~de recycling assue
OPTIONS:
1 Accept the b~ds as subnntted and select one for maplementat~on
2 Reject all of the bids and recommend that bads be reissued
3 ReJect all the bads and consider pefformamg curbslde recycling collections w~th City forces
Tbs option would reqmre the construction of an Intermedaate Proceasmg Center and
postpone nnplementat~on until the ?rocessmg Center ~s consmacted
4 ReJect all of the b~ds and continue recycling services at current or enhanced levels using
mumc~pal ~ources
RECOMMENDATION:
Although Staff is not recommending any curbs~de recychng bad to the Council, It does
recommend that the Mulla-Fannly bads be rejected so that the issues assocmted with mult~-fannly
recycling can be further explored and brought to the Councul at a later date
ESTIMATED SCI4~DULE OF PRO~ECT:
Apnl 5, 2001 - b~ds opened
April / May 2001 - receive Board and Council approval of selected bidder
May 2001 - commence contract negotiations vath selected b~dder, develop apphcable
ordinance
Sune 2001 - execute curbsxde contract w~th vendor;, commence pubhc education
September 2001 - chstnbute curbs~de containers
October 2001 -begtn curbslde ¢ollectaons
PRIOR ACTIONfREVIEW (Coun_¢iZ Boards, Comml.qSiOll):
The subject of eurbslde recycling colleclaons was rewewed by the C~ty Council at its work
session on January 23, 2001 and b~d spemfieat~ons were remewed by both the Board and Council
m March, 2001 The Pubhc Ut~hlxes Board and the Commumty Recychug Comrmttee reviewed
the b~ds at thetr April 16 and April 13 meettugs respectively
FISCAL IN'FORMATION:
The bids subnntted for curbslde recycling were predicated on the assessment of the monthly fee
curbstde recychng being assessed to all residential customer regardless of theft participation m
the curbslde program The revenues received from tins assessment wall be "passed through"
monthly to the curbslde vendor selected In adchiaon, the City wall assess an administrative fee of
up to $0 50 Iper household per month to defray costs associated with the City's administration of
the curt)side contract
BID INFORMATION:
Bid # 2666 was issued on March 13, 2001 wuth responses due to the City by Apnl 5 A pre-bid
conference was held for bidders on March 27 In response, four bids were received from those
compames Identified above
Not Apphcable
Respectfully submatted
Howard Martin
Assistant C:ty Manager for Uttht~es
Prepared by
Assistant D~ector of Sohd Waste
EXHIBITS;
Exhibit I - Curbslde Bid Specifications
Exinblt II - Mulla-Fannly Bid Spec~ficatlons
Exlnb~t HI - Bid Summar'y Sheet
Exinblt IV -~ Multi-Family Recychng Issues
8
CURBSIDE RECYCLING BID SPECIFICATIONS
MATERIALS TO BE COLLECTED:
· Mixed Paper
· Aluminum food and beverage containers
· Steel food and beverage containers
· Clear, Brown, and Blue/Green food and
beverage containers
· Plastic containers #'s 1,2,3,4,5 and 7
COLLECTION CONTAINERS:
· Selected by bidder
· No bags
HOURS AND DAYS OF COLLECTION:
· 7:00 AM- 6:00 PM
· Monday through Friday
CUSTOMER EDUCATION AND CUSTOMER RELATIONS
INFORMATION:
Provide each customer with a professionally prepared
instructional brochure containing:
· Items collected
· Container guidelines
· Collection procedures
· Collection day
· All service dehvery problems
· Contractor contact phone number
9
EXHIBIT !
MULTI-FAMILY RECYCLING BID SPECIFICATIONS
· METHOD AND FREQUENCY OF COLLECTION
· SEPARATE OR COMMINGLED CONTAINERS
· TYPES OF MATERIALS COLLECTED
INCLUDING NEWS AND OFFICE PAPER,
CARDBOARD, ALUMINUM CANDS AND STEEL
CANS, CLEAR, BROWN, AND BLUE/GREEN
GLASS CONTAINERS, AND PLASTICS #'S
1,2,3,4,5 AND 7.
· PRICING UNIT (e g, each complex, each apartment
unit)
· PRICE PER UNIT
· BILLING METHODOLOGY (e.g., through the City,
by the bidder)
10
EXHIBIT !1
11
EXHIBIT I!1
MULTI-FA_MII,Y RECYCLING ISSUES
MUNICIPAL ROLE:
· BID OR JUST PROMOTE RECYCLING
· VENDOR BrI,I',ING THOROUGH CITY'S UTrL1TY BrLI,[NG SYSTEM
· MU~CIPAL RATE & OTI:~R I2~CEI~ITIVES
MULTI-FA.MIlkY RECYCLING ORDINANCE
· MINIMUM NUMBER OF UNITS
· AL'LOW COMi~I,~XES TO CONTRACT FOR RECYCLING
· ROOM FOR COWI?AINERS
· NLTM~lt, R O1~ CONTAINERS
· RE'~TMENTS
· DEVELOP~fENT CODE REQUIREMENTI~ORlfflTURE CO1VfPI,Ir~XES
12
EXHIBIT IV
Recycling Survey Preliminary Results
Attached as Exhibit II are the preliminary results of the colnmunlty recychng
survey The final results will be condensed into a format that is more easily
interpreted by readers and will be accompamed by charts and graphs
For purposes of this presentation, the relevant column for your interpretation
of the results is labeled "Valid Percent" This column contains the
percentages by response category of all of those who were surveyed that did
respond to the question asked For example, question Q2 on page 4 contains
the percentage of responses to the following question In addition to your
regular monthly res~dentml sohd waste collection charge, would you be
willing to pay up to $2 00 more each month for curbslde recycling? The
Vahd Percent column of Q2 illustrates that 67 1% of those who responded to
that question answered "yes" wlule 32 9% answered "no" In other words,
of the 319 respondents who answered either yes or no, 214 answered, "yes"
while 105 answered "no"
EXHIBIT III
~RY-Ib-U1 WED Ub]I~ PM urve~ research center FRX NO, 940565329 P, 02
Frequencies
Frequency Table
QSCREEN OWN OR RENr YOUR HOME
Cumulabve
FrC,~u¢~,n,,c~ Porcenl Vahd Percer~t Pcrcc, nt
~ OWN 300 75 0 76 0 75 0
2 P. ENT 100 25 0 25 0 100 0
'lot ~'~I 400 1 O0 0 100 0
QSCREEN1 RECEIVE BILL FOR SOLID WASTE COLLECTION
Frecluonc¥ Por.cont Valid Percent Percent
V,~hd 1 YES 29 7 3 31 9 3~ 9
? NO 62 155 68 I 1000
Tot,~l 01 22 8 100 0
' Missing 9 NPJDK 2 5
Sy$l['m 307 76 8
Te~,.~l 309 77 3
To~.~I 4.00 100 0
Q1 USE DENTON DROP OFF RECYCLING CENTEI~$
Cumt~latlve
r. rq,qucnc¥ Percent V.~hd Percent Pelce~tt
Vahd 1 YE~ '" 237 '~g 3 59 3 59 3
2' NO 163 408 408 1000
3o[~1 ,. 400 1000 10p0
14
MAY-10-UI NS~ Ub:l~ ~M urvey research center FAX NO, 940585329 P, 0S
Q1A CiTY OR DROP-OFF CENTER USE
Cumulr~[we
Frecluonr..¥. Percent Vahd Percent Percent
-~',~bJ 1 Carpet Outlr, tS 15 3 8 6 5 6 5
2 Cupboard Natural
Food", 14 35 6 1 12 6
3 Kroger South Loop
288 11 28 48 173
4 r'.jgly Wiggly 28 7 0 12 I 29 4-
5 P~g0ry W~,3gly 7 1 8 3 0 32 5
6 Any DISD $¢hool 30 7 5 13 0 45 5
/ ['rally Fowler Lfl~rary 1 3 4 45 9
9 Centr,~l Fir(' ~tn~on 1 3 4 46 3
t0 F,'e 5tabon #2 3 8 1 3 ',7 5
11 r'ira Station #3 1 3 4 48 1
12 F~re St,~tlen #6 22 5 5 9 5 5/6
13 Fire ~,[at~on #4 6 1 5 2 6 60 2
14 r..mwford St
ColJechon Center I 3 4 60 6
15 Mu~']lC~pal Landfill 5 I 3 2 2 62 8
16 North Loke.'~ Park ,'18 12 0 20 8 83 5
17 $11~dyOak~ 18 4 5 7 8 91 3
18 I WU Golf Course 2 5 9 92 ?
20 OTHER (SPECIFY) 18 4 5 7 8 100 0
Total 231 57 8 100 0
M~.sslncj 99 NPJDK 6 1 5
System 1 (23 40 8
Total 169 42 3
I ov~l -- 4 O0 1,(~,0,0
QIB_I MATERIALS RECYCLE ALUMINIUM
Cumulative
Frcquenc,/ Percent Valid Percent Percent
V~lhd 0 142 35 5 ,59 9 59 9
1 ALUMINIUM 95 23 8 40 1 100 0
Tot,'~l 237 59 3 100 0
Mis,51ng Sy,,tem 163 40 8
total 400 100 ,~)
QIB_2 MATERIALS RECYCLE GLASS
Cumulotlve
Frequency Percent Vahd Perc('nt Percent
Vahd 0 1/0 47 5 71 7 71 7
1 GLAS~ 67 18 8 283 100 0
'] ,t~l ~37 59 3 100 0
M~3~lng Sy.,tem 163 40 8
foLal '!00 100 0
15
~RY-I~-0] WkD 05:13 PM urvey research cen~er F~X NO, 940565329 P, 04
Q1B_3 MATERIALS RECYCLE TIN/STEEL
CumuJahve
Froqur'ncy Percent Vahd Percent Percent
~/,~hd 0'" 182 45 5 ~'6 8 76 8
1 TIN/S~'EEL 55 138 232 1000
'1 olal 237 59 3 100 0
M[sslnq System 163 40 8
Total 400 100 0
Q'IB_4 MATERIALS RECYCLE CARBOARD
Cumulative
Frequency Percent Vehd Percent Percent
Vahd 0 ' 1/5 43 8 73 8 7~ 8
1 CARDBOARD 62 15 5 26 2 100 0
Tot<hi 237 59 3 100 O
MF;smg Sysmm 163 40 8
Tolal ,400 100 0
Q'IB_$ MATERIAL.~ RECYCLE PLASTICS
, Cumulabv~,'
Frequency Percent Valid Percent Percent
V,~hd 0 191 47 8 R0 6 80 6
I PLASTICS 46 11 5 19 4 100 0
Totel ?.37 59 3 100 0
Ml~,,ing System 1 G3 40 S
ToLRI 400 100 0
Q1E_6 MAIERIALS RECYCLE NEWS/OFFICEPAPER
"P Cumulative
Froguency Percent Vahd Pcrcent Percent
Vahd 0 41 10 3 17 3 17 3
1 NEWS/OFFICE
PAI'FR t9{] 49 0 82 7 100 0
Total 237 59 3 100 0
M~cs~ng System 163 40 8
ToLal I 400 100 0
Q1B_7 NR/DK
Cum-lative
Frequency Percent Valid Percent Percent
Valid 0 ~ 229 5'/3 96 6 96 6
1 NPJDK 8 20 34 1000
I ot,.~J ?37 59 3 100 0
M~ss~nd System 163 40 8
11 ~]t,lt 400 100 0
16
WED 0b:13 ?~ urvey research center FAX NO, 940565329 P, 05
QIB_8 EXIT
Cumulatwe
Frequency' Percent Vahd Percent Percent
V~l;d' ' 1 'E¥,IT 237 59 3 100 0 100 0
Mm'~ll ,g ?y',tcm 163 40 8
Fetal 400 100 0
QlC PRIMARY REASON FOR NOT USE DROP.OFF CENTERS
Cumulabve
F.ro.q ueney Pcrcont Valid Percent Percent
Valid 1 Not ~n[era,~ted in
33 8 3 20 8 20 8
recycling
2 La(,k et tr anH~orlat~on
to tho centers 5 1 3 3 1 23 9
3 Drop-elf centers a~o
m¢onvcnlenl 27 6 8 I7 0 40 9
I Do~lt know where riley 45 11 5 28 9 69 8
.~ro tocatod
50tller (spoclt'y) 15 3 8 9 4 79 2
6 No t~me for recycling 15 3 8 9 4 88 7
! JL~.~t moved to Dcnton 3 8 1 9 90 6
8 Taken c,~re o~' by the 7 1 8 4 4 95 0
Ap,~rtmont
10 Don't have much lo
~ccyclo 8 2 0 5 0 100 0
Total 159 39 8 I00 0
M~s',u'~g 9 NR/DK 4 1 0
Sy,~torn 237 59 3
Tot,~l 241 60 3
ro~l 400 , ,~,q.o, o
Q2 WILLING TO PAY $2 FOR CURBSIDE RECYCLING
Frequency Percen~ Vahd Percent Percent
V~fl~d 1 YES 214 53 ,~ 67 1 67 1
2 NO 105 26 3 32 9 100 0
rot~l 319 79 8 100 0
MlSSln0 D NR/DK 19 4 B
Syste¢~ 62 15 5
[ ntnl 81 20 3
Tot,'~l 400 100 0
17
~RY-IO-U! W~P Ub:14 ~ urvey research cenker FRX NO, 940565329 P, 06
Q3 WILLING TO PAY MORE FOR RECYCLABLE COLLECT
Cumulabvc
Frequerlc¥ Percent Vahd Percent Percent
V,~hd 1 YES 156 39 0 49 1 49 1
2 NO 162 40 5 509 100 0
1 o[~1 318 79 5 100 0
MIs~m0 g NPJDK 20 5 0
,9,y,,[om 62 15 5
Tot~l 82 20 5
Total 400 100 0
Q4 COMPOST OR MULCH GRASS CLIPPINGS
Cumulabve
Frequer~cy Percent Valid Percent Percent
V,~hd 1 Co?npost/M~llch 189 47 3 52 6 52 6
2 B~gs 64 160 178 705
3 Ncl[hr, r 90 22 5 25 1 95 5
4 Bolh (Con~pos[/Mufcll 16 4 0 4 5 100 0
~lnd Bag)
'~ o[,~1 359 89 8 100 0
M~ssmo 9 NR/DK il ? ~
~y~em 30 7 5
'[ okal 41 10 3
Total ....... 4~0 100 0
Q5 COMPOS'~ OR MULCH LEAVES
Cumuiahve
Frequcnc~ Perce~[ Valid Percent Pe~cen~
V~lld 1 Cel'npost/Mulch 12;' 31 8 36 0 36 0
Z ['{ng~ 111 27 8 31 4 67 4
3 NOlthc..r g0 22 5 25 5 92 g
4 Both (Compos6'Mulch ,;5 6 3 7 1 100 0
and Ca0)
9 otol 353 88 3 100 0
M~lrlq 9 N~DK 17 4 J
System 30 7 5
Total 47 11 8
Tolai ,40,0 ~00 ~
18
WED 05:14 PM urveF research center NO, 940585329 P, 07
Q6 HOW OFTEN RECYLCE SULKY ITEMS?
Cumu~aUvo
Frequency Percent Valid Percent Percenl
Vahd 1 Weekly 10 2 5 2 8 2 8
2 Monthly 22 5 5 8 2 9 0
3 8nver,d tlm~,~ per ye,:r 122 30 5 34 2 43 1
4 DAce per yeer or loss 114 28 5 31 g 75 1
$ Nnvcr 89 22 3 24 9 100 0
q eL,il 357 89 3 100 0
Ml~,.,lrl0 9 NPJOK 13 3 3
System 30 7 5
Totnl 43 10 8
Tob'd 400 1 O0 0
Q7 ttOW OFTEN NEED FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION
Cumulabve
Frcquenc),' Percent VeJld Polcent Percent
V'--~Ii("'J 1 one tin-lo p~r year 85 21 3 22 5 22 5
2 Two tu'nes per year 83 20 8 22 0 44 4
3 Ihreo tlrno,t p¢,r y(,ar 26 6 ~ 6 g 51 3
4 Four times per yeer 64 16 0 16 9 68 3
o¢ r~oro
5 Less than once per 34 8 5 9 0 77 2
yo,..~r
8 Never 86 21 5 22 8 100 0
1 otnl 378 94 5 100 0
M,, ,,rog 9 NR/DK 22 5 5
Tob~l 400 100 0
Q8 CON rROl OVER AMOUNT OF SOLID WASTE PRODUCE
Cumulabvo
Frequency Percent Valid Percent Percent
Vnhd 1 Grer~t de~l of control 144 36 0 37 0 37 0
2 Some control 20,5 ,51 3 52 7 89 7
3 No centr,,I 40 10 0 10 3 100 0
To,al 389 97 3 100 0
MlSSln9 9 N[~DK 11 2 8
Tot ii 400 100 0
Q9 CON¢.,ERNED AsoUr QUALITY OF NATURAL ENVIRONMENT
OLimulatlVe
Frocjuency Percent Valid Percent Percent
Vnhd 1 Very conceHled 222 55 5 56 3 56 3
2 Somewhat concerned 155 38 8 39 3 95 7
3 Not al oll concerned 17 4 3 4 3 100 0
~ot,,~l 394 98 5 100 0
M~sln§ 9 NN/DK O 1 $
ToiJd 400 100 0
19
R¥-lb-U1W D Ub:]4 YM urvey research cea[er FRX NO, 940565329 P, 08
Qll AGE
Cumulative
Pmquency Per(on[ Valid Percent Percent
V~lld 1 10-25 61 153 154 154
2 2(~35 72 180 181 335
3 30-45 90 27 5 22 7 56 2
4 46 60 94 23'3 237 798
5 61 and over 80 20 0 20 ? 100 0
Total 39/ 99 3 100 0
MIs~ng 9 NRIDK 3 8
Total 400 100 0
Q12 EDUCATION
Cumulative
Frequcncy Percent Valid Percent Percent
Vabd 1 l E. SS TI lAN
HIGH SCHOOL 23 5 8 5 8 5 8
2 HIGH SCHOOL
GRADUATE 85 21 3 gl 5 27 3
,) SOME COLLEGE
123 30 8 31 I 58 3
4 CELL[ GF GRAD
OR MORE 165 41 3 41 7 100 0
'1 o~l 396 99 0 100 0
M~m9 9 NPJDK 4 1 0
Total 400 100 0
Q13 INCOME
Cumulative
Frequency Percent Valid Percent Percent
VaIId 1 LESS TIIAN $15,000 41 103 11 8 11 8
2 $15000 30,000 72 180 207 32[,
3 $30,001 - 60 000 120 31 5 38 3 68 9
4 $60,001 - 80,000 40 10 0 11 5 80 4
5 QVER $80,000 68 17 0 19 6 100 0
Totol 347 86 8 100 0
M~.,Ing 9 NR/DK 53 13 3
Total 400 100 0
20
~RY-lb-U1W[D 05:]4 PM urvey research center F~X NO, 940565329 P, 09
Q14 ETHNICITY
Cumu(ative
Fre~uen,.c~/ Percent Vahd Percent Percent
~,.dld 1 Wt II'i'E 314 78 5 81 6 81 6
2 BLACK 30 7 5 ? 8 89 4
~ I IISPANIC 22 5 5 5 7 95 1
4 ASIAN 11 28 29 9/9
5 OTHER (Specify) 8 2 0 2 1 100 0
Total 385 90 3 100 0
MI ,;ing 9 NR/DK 15 3 8
To[M .~ 400 100 0
Q15 ZIP CODE
Cumulabvo
Frecluenc~' Percent Vatld Percent Pcrcen[
Valid 70201 113 28 3 28 8 28 8
75202 2. 5 5 29 3
76203 1 3 3 29 6
76206 82 20 5 20 9 50 5
/620/ 28 7 0 7 1 57 7
7l']208 25 6 3 6 4 64 0
76209 101 25 3 25 6 89 8
16210 40 10 0 10 2 100 0
Tot Jl 392 98 0 100 0
M['~,lr~g 99009 8 2 0
'~otc~r ,.. ,~00 , 100, 0
QGENDER GENDER
Cumulative
[ rer, luenc¥ ~erccnt Valid Porcon~ Pelcent
V,~hd 1 [ EM'ALE 234 58 5 58 5 58 5
? MALE 168 41 5 41 5 100 0
To[,~l 400 100 0 100 0
21
~genda No ~~.
Agenda
AGENDA INFORMATION SHEET
AGENDA DATE May 22, 2001
DEPARTMENT C~ty Manager's Office
CM M~ke Conduff, Ctty Manager
SUBJECT
Receive a report, hold a discussion and give staff d~rect~on regarding a proposed t~mehne
for Board/Commission appmntments
BACKGROUND
Followtng the procedures estabhshed by the C~ty Council for board/commission
appointments, staff has prepared the attached t~mehne for Councd cons~deranon
In past years, a briefing sesmon for prospective board/commission applicants was held ~n
the Council Work Session Room w~th staff hmsons present to answer questions regarding
their respective board/commission Th~s briefing session has been poorly attended with
not more than three people attending the last session Public mformat~on ~s available
regarding the C~ty's boards and commissions m the form of a brochure plus that
~nformat~on and an apphcat~on form ~s avmlable on the C~ty's webslte
Nominations by Council Members are scheduled to begtn on June 19th and be completed
by July 31st The Boards and Comm~smons Reception ~s scheduled for Tuesday, August
21st prior to the councd meeting Th~s ~s a change from the past practice of holdtng the
receptaon on a non-Cotmcfl evemng at the Center for V~sual Arts For several years,
attendance at the reception has been dechnmg w~th staff outnumbenng attendees and a
lack of a quorum of Council present It is felt that attendance may ~ncrease by moving
the event to City Hall and holding the reception prior to a Council meeting
Respectfully submitted
PROPOSED TIMELINE
BOARD/COMMISSION APPOINTMENTS
DATE ACTION
Week of May 28 Letter from City Secretary to current members
w~th expmng terms w~th apphcatlon and/or letter
of thanks
May 27- Sunday Advertising in Denton Record-Chronicle for
pmspectave applicants
June 14 - Thursday Deadhne for board apphcat~ons
June 15 - Friday Board/Commission ~nformat~on forwarded to C~ty
Council
June 19 - Tuesday Board/Commission nom~nattons by md~wdual
C~ty Council members ~n regular session
July 17 - Tuesday Council vote on prior nominations
July 17 - Tuesday F~nallze Board/Commission nominations, if
necessary
July 31 - Tuesday Councd vote on remmmng nominations in regular
session
August 10 - Friday Letters sent to new appointments, reappmntments
of board/commission members plus reception
invitations
August 21 - Tuesday Board/Commlssmn Reception - Work Session
Room, 4 00 - 5 00 p m
AGENDA INFO~ATION SHEET
AGENDA DATE: May 22, 2001
DEPARTMENT' Planmng & Development Deportment
CM/DCM/ACM' Dave Hdl, 349-8314
SUBJECT
Receive a report, hold a d~scuss~on, and g~ve staff dlrect~on regarding options to lmt~ate a zomng case
to either amend the ex~st~ng SUP (Ordinance No 83-54) or ~ssue a new SUP for a mobde home park
known as Center Point Mobde Home Commumty located on Fort Worth Drive south of 1-35
BACKGROUND
At the May i5, 2001 City Courted meeting Councd Member McNedl asked that this item be placed on
the agenda
OPTIONS
N/A
RECOMMENDATION
N/A
ESTIMATED PROJECT SCHEDULE
N/A
PRIOR ACTION/REVIEW
Th~s Item was prewously heard at the May 17, 1983 City Council meeting
FISCAL INFORMATION
N/A
ATTACHMENTS
1 Ordinance 83-54
Respectfully submitted
Douglas S Powell, AICP
Director of Planmng and Development
NO
AN ORDINANCE GRANTING A SPECIFIC USg PERMIT AND AMENDING
ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME NAS ADOPTED AS
AN APPENDIX TO THE CODE OF ORDINANCES OF IHE CITY O~ DENTON,
TBXAS~ BY ORDINANCE NO 69-1, AND AS SAID MAP APPLIES TO
APPROXIMATELY 4 S ACRES OF LAND IN THE CITY AND COUNTY OF
DENTON, TEXAS, AND DECLARING AN EFFECflVh DATE
THE COUNCIL OF THE CItY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
The Zoning Classification and Use designation of the
following described property, to-wit
Ail that certain 3 178 acre tract of land, or parcel of land
situated in the Wm Daniels Survey, Abstract No 378, City and
County of Danton, Texas, said tract being part of lands shown by
deeds from Gibson to Welch as recorded in Volume 333, Page 39?
and Volume 362, Page 169 of the Oeed Records of Denton County,
Texas, said tract being further described herein by metes and
bounds as follows
BEGINNING for the southeast corner of tract being described
herein, at a right of way marker found at the northeast corner
of tract described zn deed to Rene Cassar as recorded in Volume
1081, Page 786 of the Deed Records of Denton County, Texas
(locally known as part of Center Point Mobile Home Park),
THENCE west 629 45 feet generally along fence to an iron pin
found at angle point in fence line,
THENCE north 89°43'09" west 198 S8 feet to the southwest corner
of aforementioned tract as shown by deed recorded in Volume 562,
Page 169 of said Deed Records,
THENCE north 1°87'24'' west ZS 0 feet to the most western
northwest corner of said tract,
THENCE south 89°32'26'' east 198 59 feet to iron pin found at
fence corner,
THENCE north 1°89'29'' west 224 56 leer to an iron pin found at
fence corner
THENCE south 89~83'43" east 489 0 feet to a point in north line
of aforementioned Cassard tract,
THENCE 4°24'46'' east 248 2 feet parallel to the western line of
U $ Highway No 377 to a point,
THENCE south 89%3'43" east 160 0 feet to a point in the western
line of said U S Highway No $77,
THENCE south 4°24'46'' east 114 2 feet to the place of beginning
which is classified as Light Industrial "LI" District Classifi-
cation Use under the Comprehensive Zoning Ordinance of the City
of Denton, Texas is hereby changed and a Specific Use Permit is
8-164 Y ~UNNICLIPF-PAGE 1
2
hereby granted for the use of said property for an extension of
a mobile home park known as Center Point Mobile Home Park to
accommodate twenty (Z0) additional lots or stands, subject to
the following conditions and restrictions to-wit
1 Plans for development and the development itself
shall conform with the Nubile Home Park and Travel
Trailer Ordinance and subdivision regulations of
the City of Denton prior to the issuance of
building permits and certificates of occupancy,
2 Development shall conform to approved site plan or
plot plan,
3 A six foot (6') solid wooden fence shall be erected
on all property lines that abut land uses that are
not mobile home or travel trailer parks,
4 A ton foot (10') rear yard and side yard setback
shall be observed
The development of the property shall be in substantial
comphance with the site plan attached hereto and made a part
hereof for all purposes
The Zoning Map of the City of Denton, Texas, adopted the
14th day of January, 1969, as an Appendix to the Code of
Ordinances of the City of Denton, fexas under Ordinance No
69-1, be, and the same xs hereby amended to show such change in
District Classification and Use
SECTION II
That tho City Council of the City of Denton, Texas hereby
finds that such change is In accordance with a comprehensive
plan for the purpose of promoting the general welfare of the
City of Denton, Texas, and with reasonable consideration, among
other things for the character of the district and for its
peculiar suitability or particular uses, and with a view to
conserving the value of the buildings, protecting human lives,
and encouraging the most appropriate uses of land for the
maximum benefit to the City of Denton, Texas, and its citizens
SECTION III
That this ordinance shall be in full force and effect
immediately after its passage and approval, the required public
S-164-W Y TUNNICLIFF-PAGE 2
3
hearings having heretofore been held by the Plannxng and Zoning
Commission and the City Council of the Cxty of Denton, Texas,
after giving due notlce thereof
PASSED AND APPROVflD this tho /Z/~ay of ~ , 1983
~CIT~ OF D~TON, TEXAS
ATTEST
S-164-~ Y TUNNICLIFF-PAGE 1
4
Minutes
Planning and Zoning CommIssion
December 1, 1982
Page 4
Mr. Barton asked how many units on tract of land?
Chairman said slx (6). Mr. Barton then asked if stu-
dents will be renting? Mr Peckham said his aim is to
cater to the students
Chairman declared public hearing closed
Andy Sldor asked the size of the units? Mr Peckham
answered one is 900 square feet, two is 500 square feet.
There are two 2-bedroom, one 1-bedroom and 1 efficiency.
Mr. Sldor stated that Ms. Faller was not aware of the
slx (6) foot fence to be erected around the playground
area, he feels this should be put in as a condition
Mr. ~ldor moved to recommen~ approval of Z-1551 with
conditions and condition #4 revised to read as follows
4. A slx (b) foot solid wooden fence shall be erected
along any and all property l~nes abutting s~ngle
family property. Seconded by Ms. Mays.
Vote. Aye - Claiborne, Cole, Juren, Mays and Sldor
Nay - Escue anO LaForte
Motion carried. (5-2)
IB. S-164. Th~s is the petition of W V. Tunn~cl~ff
requesting a specific use permit to allow for the
expansion of the Center Point Mobile Home Park on
property located adjacent and north of the existing
mobile home park and containing approximately 4.5 acres
of land. The Center Point Mobile Home Park is located
along the west side of Fort Worth Drive (U. S Highway
377), beglnnin§ approximately 200 feet north of the
intersection of James Street and Fort Worth Drive.
Mr. Ell~son stated we mailed out 9 notices, we received
one reply form in favor and one reply form ~n opposition
Simon Lew~s, l~v~ng behind property, spoke ~n opposition
of proposal. He ls concerned about the value of h~s
property and what kind of people will be attracted to
this trailer park, ~f they will rent tra~lers or own
their own trailers. Also how will the City compensate
for protection, is there going to be a fence?
Chairman sald the value of his property would not be
hurt by this development. He also sald there will be a
five (5) foot fence erected along the property l~ne.
The people will own their own tra~lers.
6
MinUtes
Planning and Zonzng Commzsslon
December 1, 1982
Pa~e 5
H. W. Lantrlp owns three (3) acres of land north of the
service station. He is concerned about what k~nd of
fence will be put up? Chairman answered f~ve (5) feet.
Bill Claiborne asked what the property is used for? Mr.
Lantrlp answered the property has one (1) building on it
which ~s used for a church, it is on the northeast cor-
ner of the property.
Mr. Ell~son stated staff feels th~s is a reasonable re-
quest ~nasmuch as there are non-conforming mobile home
uses presently surround~n§ th~s s~te Staff recommends
approval of S-164 w~th the follow,n§ conditions
1. The property shall be developed ~n accordance w~th
the Mobile Home Park and Travel Tra~ler Ordinance
and subdivision regulations of the C~ty of Denton.
2. Development shall conform to approved site plan or
plot plan.
The regulations do require an official plot plan or site
plan. We have ~nformed Mr. Fields that the one we work
w~th today needs some moa~flcat~on and be more specific.
Mr. Sldor aske~ what a stana line is? Charles Watk~ns
answered stand is l~ke a lot.
Chairman declared public hearing closed.
Mr. Juren made motion to recommend approval of S-164 to
include the conditions suggested by the staff an~ the
followln§ conditions as well
1. A slx (6) foot solid wooden fence be erected on all
property lines that abut lanO uses that are not
mobile home or travel trailer park
2. Shall have a ten (10) foot rearyard anO s~deyard
setback.
2. A site plan ~n accordance w~th the Mobile Home and
Travel Tra~ler Ordinance shall be submitted to the
Planning and Community Development Department prior
to C~ty Council action.
Seconded by Ruby Cole anO carried unanimously (7-0)
7
246
City of Denton Cxty Council Minutes
Meeting of May 17, 1983
Page Six
6 Ordinances
A The Council consxdered adoption of an ordinance
changing the zoning from light industrial (LI) to a specific use
~ermit to allow for the expansion of the Center Point Mobile Home
ark on property located adjacent and north of the existing mobile
home park and containing approximately 4 5 acres of land I L
Center Point Mobile Home Park is located along the west side of Fc
Worth Drive (U S Highway 377), beginning approximately 200 fe
north of the intersection of James Street and Fort Worth Drlv=
(S-164)
David Ellison of the Staff reported that the petitioner had reduced
the expansion plans to only 20 pads
Council Member Stephens asked why Mr Simon Lewis had objected when
the Council had held the public hearing on this case
Ellison replled that Mr. Lewis owned adjacent property
The following ordinance was presented
NO 83-54
AN ORDINANCE GRANTING A SPECIFIC USE PERMIT AND AMENDING
THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS
ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE
CITY OF DENTON, TEXAS, BY OKDINANCE NO 69-1, AND AS SAID
MAP APPLIES TO APPROXIMATELY 4 5 ACRES OF LAND IN THE CITY
AND COUNTY OF DENTON, TEXAS, AND DECLARING AN EFFECTIVE
DATE
Chew motion, Stephens second to adopt the ordinance On roll c8
vote Barton "aye", Stephens "aye". Alford "aye", Rlddlesperger
"aye", Chew "aye", and Mayor "aye" Motion carried unanimously
7 Resolutions
A The Council considered approval of a resolution
adopting an econom*c development policy
City Manager Hartung reported that a draft of the resolution was
presented to the Council on April 26 and was on the agenda for final
approval,
Council Member Stephens asked if the resolut*on should include
professional and bus,ness interests in add*t~onal to industr~al
Council Member Riddleeperger referred to the statement in the
resolution which states that the City supported new businesses and
industries
RESOLUTION
WHEREAS, the City Council is dedicated to the goals
maintaxning the quality of life now enjoyed by the citizens of t
City of Denton, and
WHEREAS, the City Council strongly believes that the recruitment
of new, environmentally clean industrial growth and businesses to
the City of Denton is vital of the financial well-belng of the
community, and
WHEREAS, the City Council ~s supportive of the efforts of the
Denton Chamber of Commerce to attract new business and industry to
the area and is working in cooperation with the Chamber of Commerce
to encourage the development of new jobs, and
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-0 25
Oty Attorney's Office
Oty of Denton, Texas
215 East McKtnney
Denton, Texas 76201
(94O) 349-8333
Fax (940) 382-7923
Apnll6,2001
Rene Cassar
Center Point Mobile Home Commumty
2212-163 Fort Worth Drive
Denton, Texas 76205
RE Sp¢cffic Use Permit granted by Ordinance No 83-54 (the "Spemfic Use Penmt" or
"Ordinance")
Dear Mr Cassar
I alu writing tlus letter m response to your prewous mqumes, including your letter dated
March 13,12001 to Mayor Eulme Brock As you know you and I have met on two occasions to
d~scuss the scope of your Specffic Use Permit winch was granted on May 17, 1983 You
contend ~at the Specffic Use Pernut covers your entire approximately 24 $ acre moinle home
park I have ~nformed you that I d~sagree w~th your mterpretat~on as the Ordmance clearly states
that the Specific Use Peri'mt ~s only apphcable to an apprommate 3 178 acre expansion area
My ~nterpretat~on m based on the following facts
1 In Sectmn I of the Ordinance ~t states that the zomng class~ficatmn and use
designation of the described 3 178 acre property" winch ~s classffied as Light
Ind~stnal 'LI' D~stnct Classfficat~on Use under the Comprehens,ve Zomng Ordinance of
the C~ty of Denton, Texas m hereby changed and a Specffic Use Permit ~s hereby granted
for the use of smd property for an extensmn of a mobile home park " (emphams
added) Consequently, the operative language in the ordinance makes ~t clear that the
Sp¢cffic Use Pem'nt ~s only bemg granted for the extension property
2 The caption of the Orchnance states that the Ordinance ~s apphcable to
",approxunately 4 5 acres of land "You argue that th~s ~s a typograptucal error and
should have stated 24 5 acres of land However, there is nothing m the body of the
Ordinance or the mxnutes of the c~ty council and planmng and zoning commission
meetings that would support th~s In fact, as stated below the minutes support the
contrary view, that the ~ntent was to grant the Specific Use Penmt for the expansion area
only The fact the body of the Ordinance states 3 178 acres and the caption of the
"Dedtcated to Quality Servtce
www cttyofdenton corn
Mr Rene Cassar
April 16, 2001
Page 2
Ordinance states 4 5 acres may have occurred because the caption was an apprommat~on
before the expansion area was actually surveyed to amve at the more accurate description
of 3 178 acres
3 i Both the planmng and zomng commission minutes and city council minutes state
thatl this is an application for a specific use permit to allow for the expansion of the
Cer~ter Point Mobile Home Park on an area conta~mng approximately 4 5 acres Both
minutes indicate that the expansion area is located adjacent and north of the existing
mobile home park
4 The site plan attached to the Ordinance draws bold lines around the expansion
area and labels the lots by number You contend that because the existing mobile home
park was shown on the site plan it was the intent to include it within the Specific Use
Permit Although the existing mobile home park ~s shown on the site plan document it is
labeled as such, it does not label the individual lots by number, and is not included wathm
the bold hnes When conmdenng all of the facts, I do not flunk that your interpretation is
con'ect The most likely intent was to merely show the expanmon area (Specific Use
Penmt area) m relation to the existing mobile home park Tins mterpretatlon is m
harmony with the other facts
In ~onelusmn, tho Ordinance granted the Specffic Use Penmt for the expansion area only,
wtuch is approxtmately 3 178 acres m s~ze It dad not grant a specffic use permit for the entire
mobile home park Should you have any further questions please do not hesitate to call
Deputy City Attorney
ES/cd
c Euhne Brock, Mayor
Herb Prouty, City Attorney
Howard Martin, Interim City Manager
Dave Hill, Assistant City Managor/Development Services
DoCg Powell, Director ofPlanmng & Development
S \Our Doeumegt~\Correspondence\Letters\01\Rene Casaar doe