HomeMy WebLinkAboutAugust 13, 2002 AgendaAgenda 02-026 08/13/02
AGENDA
CITY OF DENTON CITY COUNCIL
August 13, 2002
After determining that a quorum is present, the Denton City Council will convene in a Closed
Meeting on August 13, 2002 at 4:00 p.m. in the Council Work Session Room at City Hall, 215
East McKinney Street, Denton, Texas to consider specific items when these items are listed
below under the Closed Meeting section of this agenda. When items for consideration are not
listed under the Closed Meeting section of the agenda, the City Council will not conduct a
Closed Meeting and will convene at the time listed below for its regular or special called
meeting. The City Council reserves the fight to adjourn into a Closed Meeting on any item on its
Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended,
as set forth below.
1. Closed Meeting:
Deliberations regarding personnel matters - Under TEXAS GOVERNMENT
CODE Section 551.074.
Deliberate and discuss the appointment and the duties of Larry Calvert to
the Construction, Advisory and Appeals Board, George Watkins to the
Planning and Zoning Commission, and Cliff Reding to the Zoning Board
of Adjustment, all such boards being boards exercising discretionary
powers as opposed to purely advisory powers.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING
WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WiTH TEXAS
GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR
VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF
THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION"). THE CiTY COUNCIL
RESERVES THE RIGHT TO ADJOURN iNTO A CLOSED MEETING OR EXECUTIVE SESSION AS
AUTHORIZED BY TEX. GOV'T. CODE, §§551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON
ANY FI'EM 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, W1THOUT LIMITATION §§551.071-551.086 OF THE TEXAS
OPEN MEETINGS ACT.
Following the completion of the Closed Meeting, the Council will convene in a Special Called
Session to consider the following:
1. Consider nominations/appointments to the City's Boards and Commissions.
The Council will convene in a Planning Session on Tuesday, August 13, 2002 at 4:30 p.m. in the
City Council Work Session Room at City Hall, 215 E. McKinney, Denton, Texas at which the
following item will be considered:
NOTE: A Planning 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 direction 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 Planning Work Session, the
City Council generally receives informal and preliminary reports and information from City
staff, officials, members of City committees, and the individual or organization proposing
council action, if invited by City Council or City Manager to participate in the session.
Participation by individuals and members of organizations invited to speak ceases when the
City of Denton City Council Agenda
August 13, 2002
Page 2
Mayor announces the session is being closed to public input. Although Planning Work Sessions
are public meetings, and citizens have a legal fight to attend, they are not public hearings, so
citizens are not allowed to participate in the session unless invited 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 will generally prepare a final report
defining the proposed action, which will be made available to all citizens prior to the regular
meeting at which citizen input is sought. The purpose of this procedure is 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 local street
maintenance and repair.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of ., 2002 o'clock (a.m.)
(p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED
AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE
CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR
THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE
INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
Agenda 02-026 08/13/02 SS#1
AGENDA DATE:
DEPARTMENT:
CM:
AGENDA INFORMATION SHEET
August 13, 2002
City Manager's Office
Mike Conduff, City Manager
SUBJECT
Consider nominations and appointments to the City's Boards and Commissions.
BACKGROUND
Council Member Fulton has nominated the following individuals:
· Larry Calvert - Construction Advisory and Appeals Board
· George Watkins - Planning and Zoning Commission
· ClilTReding - Zoning Board of Adjustment
If you require any further information, please let me know.
Respectfully submitted:
Jennifer Walters
City Secretary
Agenda 02-026 08/13/02 WS#1
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
AGENDA INFORMATION SHEET
August 13, 2002
Developmem Services (Engineering)
Utilities (Streets)
Dave Hill, 349-8314
Howard Martin, 349-8232
SUBJECT
Hold a long range planning work session to receive a report, hold a discussion, and give staff direction
regarding local street maintenance and repair.
BACKGROUND
A white paper, titled "Street Maintenance and Pavement Management S. vstems" (separate enclosure)
was provided to Council Members on August 2, 2002. The white paper makes the following major
points:
1. The City of Demon curremly owns 361 cemerline miles of streets that are the sole
responsibility for maimenance and repair, which is aborn 1,315 lane miles. The asset value
of streets owned by the City of Demon is aborn $272 million.
2. Given the existing condition of City of Demon local streets, a 10-year program of
maimenance and repair, with an estimated funding level of $5.3 million per year, is needed
to proactively manage deteriorating pavemem. If funding levels remain at the currem level
of $2.6 million per year, the level of investmem needed to address deferred local street
maimenance and repair will be $11 to $12 million per year.
3. Based on a 2000-01 survey of 15 Texas cities, Demon ranks first in the amoum of lane
miles owned, bm is ranked very low in the annual investmem per lane mile.
4. Significam influences on pavemem condition include soil conditions, construction
standards and specifications, monitoring and inspections, and mility cms. An "Asset-
Based Management System" should be employed that addresses each of these influences.
5. Several cities have elected to use an automated pavement management system to make
better streets maintenance and repair decisions. In particular, recent technology
improvements now allow the assessment of street condition well beyond visual inventory.
Staff recommends that a "Pavement Management System" employing the use of Ground
Penetrating Radar and Falling Weight Deflectometer technologies be considered to obtain
more accurate pavement condition data.
OPTIONS
All options are based on maimaining the existing General Fund level of $2.6 million per year for
street maimenance and repair, assuming the need for an additional $2.7 million per year to
implement a 1 O-year Local Streets Improvements Program:
1. Maimain existing General Fund levels.
2. Initiate enactment of a %% sales tax. As a point of clarification, this sales lax option does not
allow less than full enactmem, such as 1/8 % or 1/16 %.
3. Increase property taxes by 8 ceres per $100 assessed value.
4. Use the Capital Improvemems Program to fund eligible projects, thereby reducing dependence
on sales or property tax.
RECOMMENDATION
The capacity of existing General Fund revenues to support local streets maintenance and repair at a
reasonable level is limited, particularly as the rate of developmemal growth increases. In addition, the
City of Denton continues to accommodate increasing levels of nonresident travel on local streets. The
use of the 1A% sales tax to supplemem existing General Fund levels would be an equitable method to
fund local street repairs by assessing the costs to both residems and the growing number of
nonresidems who use city streets.
If Council decides to pursue the local streets sales tax option, staff recommends the implementation of
a pavement management system to enable clear and concise evaluation of city streets. The interim
use of existing streets data can be used to determine repair priorities for the next year or two; however,
a better decision-making tool will be needed to evaluate not just the pavemem surface, but the base and
sub-base conditions as well. The pavemem managemem system is will be implememed in fiscal year
2003-04 if additional streets funding is made available.
ESTIMATED PROJECT SCHEDULE
The next available schedule for a local streets 1A% sales tax would be as follows:
August 20, 2002
November 5, 2002
January - March 2003
April 1, 2003
June 10, 2003
Council calls for election
Date of election
Passage of a full calendar quarter
Effective date of local streets sales tax
First receipt of funds
The second available schedule would
November 19, 2002
February 1, 2003
April - June 2003
July 1, 2003
September 10, 2003
be as follows:
Council calls for election
Date of election
Passage of a full calendar quarter
Effective date of local streets sales tax
First receipt of funds
PRIOR ACTION/REVIEW
Transportation is regarded as one of the highest Council priorities. City of DeNon staff divides
roadway improvemem programming imo two categories: Regionally Significam Roadways and Local
Streets. The information provided below was submitted to City Council on June 18, 2002.
Regionally Significant Roadways typically include major freeways, arterials, and farm-to-market
roads, many of which are federally or state-designated routes [I-35, Loop 288, US 77 (Elm-Locust),
US 377 (Fort Worth Drive), US 380 (University), FM 2181 (Teasley), FM 426 (McKinney), FM 2499
(State School Road), FM 1830 (Country Club), FM 2449 (Ponder Road), FM 2164 (North Locust), FM
429 (Sherman)]. Since these roads carry both local and regional traffic, funding for improvements
normally involves partnership funding from federal, state, regional, county, and/or city funding. In
addition, federal and state procedures must be followed as a condition of funding.
Funding has been secured for several regionally significant roadways, including Loop 288 ($15
million), US 77 ($13 million), US 380 ($ million), FM 2181 ($17 million), FM 426 ($6 million), and
US 377 ($2 million). Construction has begun or will soon commence on US 77 (2002), US 380
(2002), Loop 288 (2003), and FM 2181 (2003). Many of these projects have involved city
participation with other governmemal agencies. City funding estimated at $15 million has helped to
leverage more than $125 million in total construction funding for regional roadways.
Local Streets include most of the City of Denton streets that are designated as collectors or residential
streets and are owned by the city. Historically, maimenance and minor repairs have been funded
through the General Fund, with some major resurfacing and reconstruction projects funded by the
Capital Improvemems Program (General Obligation bonds, also through the General Fund). A
majority of local streets are built by private developers according to city standards and specifications,
and dedicated to the city upon successful completion. As a result, the invemory of local streets
continues to grow in proportion to new development. Several local streets carry more than "local"
traffic. Local arterials and collectors such as Windsor, Bonnie Brae, Ryan, Hobson, Robinson,
Hickory Creek Road, Mayhill, Spencer, Woodrow, Colorado, Mingo, Kings Row, San Jacimo,
Malone, Oak, Hickory, and others carry both residem and nonresidem traffic. With rare exceptions,
the City of DeNon is solely responsible for funding the maimenance and repair of these streets.
In contrast to regional roadways, funding for local streets has lagged far behind the demand for
maintenance and repair. The General Fund operations and maintenance budget for local streets has
increased from $1.6 million in fiscal year 1993-94 to $2.6 million in 2001-02, yet the backlog of local
street repair projects continues to grow. The recent addition of a crack-sealing crew and a street
construction crew in the last two years has been helpful, but growth in development and traffic exceeds
resources needed to address the problem. Since 1993, the invemory of streets for which the city is
responsible has grown from 711 to 1,315 lane miles, which represems an 85% increase in maimenance
responsibilities accepted by the city over a period of nine years. Maimenance projects that involve less
expensive crack-sealing now require more expensive street resurfacing or reconstruction when deferred
to a later date. An estimate of funding needs indicates that $40 - 50 million will be needed to address
local street repair requiremems over the next 10 years, or an average of up to $5 million annually,
based on current data.
In May 2001, the 77th State Legislature authorized the imposition of a ¼% (¼ of 1 percem) municipal
sales tax dedicated to local street maimenance (see Attachmems #1 & #2 - House Bill 445). By
definition, the sales tax, if approved by a municipality, may not be used to maimain federal, state, or
county roads. A municipality must hold an election to adopt the sales tax on a uniform election date.
If approved by city voters, the sales tax becomes effective at the beginning of the second calendar
quarter following the election. The sales tax must be reauthorized within four years of its effective
date or it expires. Based upon projected 2001-02 City of DeNon sales tax revenue of approximately
$16.6 million, the additional ¼% sales tax would generate an estimated $2.7 million for local street
maimenance and repair, based on 2001 City of DeNon sales tax data. A listing of other Texas cities
that have enacted a local streets sales tax is provided in Attachment #3.
FISCAL INFORMATION
For each calendar quarter, approximately $675,000 in sales tax revenue would become available for
local street repair and maimenance (based on 2001 sales tax data) if the ¼% sales tax is enacted.
If property taxes were used to finance $2.7 million in street repairs annually, an approximate 8-cern tax
increase per $100 assessed value would be needed ($0.54815 to $0.62833), based on fiscal year 2001-
02 budget and appraisal district data.
This June 18th Council work session was scheduled in conjunction with consideration of the Denton
County Transportation Authority (DCTA) sales tax decision that will have to be made in the near
future. The City of DeNon curremly has the capacity to increase local sales tax by 1/%, and two
DCTA options have been identified that will require either a 1A% or a 1/% sales tax to support regional
transit. The local streets 1A% sales tax represents a funding option that could be affected by Council's
DCTA decision regarding the city's sales tax options.
The first imposition of a sales tax in the City of Demon was effective on April 1, 1968, when a 1% rate
was adopted. Effective October 1, 1994, an additional 1/% rate was adopted for property tax relief.
The state sales tax rate is 61A%; Texas cities may adopt a maximum of an additional 2% local rate. The
City of DeNon enacted a 11/% rate as of October 1994, with the capacity to approve an additional 1/%
rate.
ATTACHMENTS
1. House Bill 445 - Enrolled Version
2. House Bill 445 - Fiscal Notes & Bill Analysis
3. List of Texas Cities that have imposed a 1A% local street sales tax
4. White Paper: "Street Maintenance and Pavement Management S. vstems"
5. Map - Invemory of City Street Conditions (to be displayed at work session)
Respectfully submitted:
Dave Hill
Assistam City Manager - Developmem Services
Howard Martin
Assistam City Manager - Utilities
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From "Window on State Government"
Texas Comptroller of Public Accounts Website
The following cities have imposed an additional City Sales and Use Tax for Municipal Street
Maintenance and Repair, effective Jul 1, 2002:
City/County Name
? Bartonville (Denton Co)
Evant
Coryell Co
Evant
Hamilton Co
Hickory Creek (Denton Co)
Pantego (Tarrant Co)
Taft (San Patricio Co)
Local Code Local Rate Total Rate
]1 2061211 II ,017500 I[ ,080000
]1 2097031 II ,012500 I[ ,080000
]1 4050009 II .005000 I[
]1 2097031 II .0~2500 I[ .080000
]1 4097004 II .005000 I[
]1 2061186 II ,0~2500 I[ ,075000
]1 2220148 II .017500 l[ .080000
]1 2205030 II .017500 l[ .080000
? The City of Bartonville has imposed an additional city sales and use tax for Industrial and Economic
Development and Municipal Street Maintenance and Repair.
The following cities have imposed an additional City Sales and Use Tax for Municipal Street
Maintenance and Repair, effective April 1, 2002:
City/County Name
Bee Cave (Travis Co)
Bertram (Burnet Co)
Grand Prairie (Dallas Co)
Grand Prairie (Ellis Co)
Grand Prairie (Tarrant Co)
Haltom City (Tarrant Co)
Haltom City Crime Control District
Lakeway (Travis Co)
Sansom Park (Tarrant Co)
Local Code Local Rate Total Rate
2227150 .017500 .080000
2027045 .017500 .080000
2220013 .020000 .082500
2220013 .020000 .082500
2220013 .020000 .082500
2220255 .017500 .082500
5220530 .002500
2227061 .012500 .075000
2220068 .015000 .082500
Sansom Park Crime Control District 5220674
South Houston (Harris Co)
South Houston Crime Control and
Prevention District
Van Horn (Culberson Co)
Windcrest (Bexar Co)
.005000
2101188 .012500 .077500
5101552 .002500
2055013 .017500 .080000
2015094 .017500 .080000
The following city has imposed an additional City Sales and Use Tax for Municipal Street
Maintenance and Repair, January 1, 2002:
City/County Name
Sunset Valley (Travis Co)
Local Code Local Rate Total Rate
2227070 .017500 .08000
10
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