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Minutes July 13, 1993110 CITY OF DENTON CITY COUNCIL MINUTES July 13', 1993 The Council convened into a Special Call Session at 5:15 pm. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Chew, Cott, Perry, and Miller. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction regarding the release of ETJ area to ACgyle and Bartonville. Mayor Castleberry indicated that there were several interested persons present who had requested to speak to Council. Consensus of the Council was to allow the individuals to speak. Harry Persuad, Senior Planner, stated that when Council discussed the issue on June 15, 1993, there was an indication that Council might not want to release the property. The area was located south of Highway 407 and the area surrounding the property was either adjacent to the City of Argyle or to the City of Bartonville. There was some area which was open which allowed the property to remain in the City's ETJ. Larry Leesley had requested the area be annexed into Bartonville. When Council looked at this issue in 1990, it considered the fact that this area was not in the City's Certificate of Convenience and Necessity and would not be able to provide water service unless the CCN were changed. There was low density of residences and in the long term future would not lend itself to residential use. If the area were in the City today there would be approximately $20,000 worth of property tax. Staff recommended and the Council agreed that the City did not have a long term interest in keeping the area in the City's ETJ. In the Annexation Policy Plan adopted by Council, the criteria for releasing land included (1) physically isolated and surrounded by the corporate city limits of another municipality and (2) located outside of a recognizable boundary beyond which the city did not intend to provide municipal services and land use control in the foreseeable future, (3) if the area abutted the city limits of two or more cities, the City Council would not usually consider the release of that area unless the cities mutually agreed as to the proper apportionment of the area and (4) the release of areas in Denton's ETJ should be characterized by open dialogues with all interested parties and analyses of all relevant issues. Mayor Castleberry indicated that Council had received letters from people in the area regarding the issue. council Member Miller asked where the Rayzor property was located. 111 City of Denton City Council Minutes July 13, 1993 Page 2 Persuad indicated approximately where the property was located and that the Rayzor property was not in the immediate area. Ted Koren stated that he represented the 14 homes in the area. They wished to remain in the ETJ and if they had to go with a city, would prefer to go to Argyle. city Manager Harrell stated that legally Denton would'have the authority to annex this property without permission of the residents. Argyle and Bartonville could not do that without having the consent of the property owners. Koren replied yes that they understood that. Council Member Miller asked why the residents preferred to stay in an ETJ. Koren stated that the two roads servicing the homes were dead ends. Bartonville wanted to make those roads thoroughfares. Bartonville had no services to offer and they did not want to pay taxes for no services. Council Member Miller stated if the property were in an ETJ, it would still be in the country unless annexed. Denton could annex the property but that was not likely. One ETJ or the other would be the same unless the provision of the roads. Sarah Petzinger stated that the area had only one water supply system. It would be difficult for the residents if the property were placed in different cities. Pam Chauvin stated that Bartonville wanted the businesses and wanted to give Argyle the residences. Council Member Brock stated that an earlier Council and a different Council had agreed to release the ETJ after Argyle and Bartonville divided the property. This was a new Council and after three years the cities had plenty of time to complete the process. She felt that this Council was not bound to the original proposal after such a long time. Perry motioned, Chew seconded to retain the property in Denton's ETJ. Council Member Miller stated that this property fit into the policy guide adopted by Council. Whether the property was in Denton's ETJ or not, it would still have same setting. 112 City of Denton City Council Minutes July 13, 1993 Page 3 Council Member Cott felt that it was not good for Denton to release this property at this time. Council Member Miller asked if negotiations would continue. Did the motion mean that dialog would stop. Council Member Chew indicated that the motion would keep the property in Denton's ETJ and there would no longer be any dialog. Consensus of the Council was that that was correct. On roll vote, Brock "aye", Cott, "aye", Miller "nay", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion with a 6-1 vote. 2. The Council received a report, held a discussion and gave staff direction regarding the implementation of the 1993-1997 CIP Program. City Manager Harrell stated that this discussion had started at the Council's planning session. Council had asked that this item be placed on a Work Session before final decisions were made. During the Planning Session it was decided to have staff proceed with the proposals for the library computer system and the police/fire system and to implement those as other computer systems had been implemented by issuing certificates of obligations. That decision of the certificates of obligations for the computers brought to the forefront a decision about the upcoming CIP of the City. The funds for the CIP projects were used and without some kind of action in the near future, there would be a halt to CIP projects and the City could not go forward with the 1993-94 projects. Council wanted some background from the 1986 bond election and wanted staff to be sure that no projects were dropped with an alternative plan. Besides the computer projects proposed in the 1993-94 CIP, there were five other projects listed. All of those were sidewalk/street projects and totaled $825,000 in the 1993-94 unauthorized projects. In 1992 the City felt that it could proceed with the Fort Worth Drive project. Originally it was felt that the project needed to go south to I35 which the State subsequently did. The project was then changed to go north to Collins Street and sufficient bonds were sold to do that project. After the bonds were sold the State agreed to participate in the project but could not do until 1996. The sold bonds were $1.3 million. If Council was agreeable to access the $1.3 million of already sold bonds, all of the street/sidewalk projects listed in the 1993-94 CIP could be done. If the sold street/sidewalk bonds were accessed, Council would still have authority for the Fort Worth Drive project in 1996 without further voter authorization. There was still $3 million of 113 city of Denton city Council Minutes July 13, 1993 Page 4 bonds left which could be sold and accessed for the Fort Worth Drive project. The 1994-95 CIP had three unauthorized projects for street reconstruction, a new roof for five general fund buildings and upgrading the existing park system. The street reconstruction money minus the $825,000 would still provide sufficient money for all projects except for $150,000 scheduled for the 1994-95 CIP. This alternative would allow such projects as Bonnie Brae, Hickory Creek, etc. to be completed. Council Member Perry asked for a clarification regarding being $150,000 short. City Manager Harrell stated that the 1994-95 CIP had a total of $638,000 for street reconstruction for no specified streets. With the $1.3 million of bonds already sold, all of the 1993-94 CIP projects could be done at a cost of $825,000 plus $500,000 for street reconstruction projects. With that money there would be the flexibility to do some projects currently discussed. Alternatives included (1) keep the $1.3 million worth of bonds in reserve until the Fort Worth Drive project was started in 1996 and access those funds to build that project. If Council chose this alternative, the City would either have to immediately set up a new CIP committee for a new 5 year program or be willing to push back the 1993-94 program until the City had voter authority to issue new bonds. (2) subject to approval from the '91 committee, utilize the $1.3 million of sold bonds to do the 1993-94 and 1994-95 CIP street/sidewalk programs. This would postpone for a year the necessity to go back to the voters for a CIP election and possibly two years. Advantages of the two alternatives included (1) alternative one would go to voters and they would specifically endorse the projects for the 1993/94 projects; (2) access the already sold $1.3 million of bond money. If that money were used it would avoid selling new debt which would save approximately $85,000-130,000 for no new principal interest payments. Another advantage of Alternative 2 was to accelerate street paving projects. (3) delay having a full CIP campaign for a year which would help economy improve and not confuse a bond election with the sales tax issue. Staff was requesting a general direction of which alternative the Council would like to proceed. Council Member Cott stated that the use of the bond funds was a subject. The bonds were sold as the Manager had described and the voter confidence and trust was important. He felt no problem at this point recommending the project as the trust factor would be fine. Mayor Pro Tem Smith believed the key to trust and confidence was that there still would be money for the Fort Worth Drive project 114 City of Denton City Council Minutes July 13, 1993 Page 5 and the City would not have to go back to the voters for the authority to do that project. She saw no problem with the proposal. Council Member Chew indicated no problem with the proposal and that the bottom line was that there would still be money to do the Fort Worth Drive project. Council Member Miller indicated that the funds were dedicated as they were sold such as park bonds for parks, street bonds for streets. The money stayed within the allocation of bonds sold and addressed major safety issues in the community. Council Member Perry asked if the upgrade of the existing park system was included. City Manager Harrell replied that some of the picnic shelters in existing parks would be included. If Council decided to go ahead with Alternative 2, the CIP would only be delayed for one year. If Council wanted to put off the CIP another year, some of those park and roof projects would be delayed. Council Member Brock indicated that there was a serious problem in the Willowwood area in getting children to Borman School. The road was very narrow with large ditches and there was more traffic on the road when parents drove their children to school due to the unsafe conditions. This was not a recreational bikeway but a means to solve a very difficult situation. City Manager Harrell stated that this was a point of trust. The '91 committee had been very faithful in making sure the bond money was spent according to the voters original wishes. Mayor Castleberry asked if the work on Hickory Creek would affect the extension of Loop 288. Rick Svehla, Deputy City Manager, replied that the City's work on Loop 288 extended the Loop down to Teasley Lane. In the future, the City would en~ourage the Highway Department to oontinue that development west. Any work on Hickory Creek at this time would not have any effect on the Loop. Council Member Brock asked to what extent the Highway Department was contributing to Fort Worth Drive. Svehla replied that in the beginning the City would build and design the road. Since that time, with ICTEA and the Federal Highway Act, some regulations had changed. Originally only the 115 City of Denton city Council Minutes July 13, 1993 Page 6 outside lanes were considered by the State and had $1.5 million to help with project. The city might not need the entire $1.3 for the project due to State's contributions. smith motioned, Perry seconded to proceed with Alternative #2. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. The Council received a report and held a discussion regarding the'appointment of a member to the Board of Managers of the Denco Area 9-1-1 District. Council Member Cott left meeting. John McGrane, Executive Director of Finance, stated that the Denco Area 9-1-1 Board of Managers had two appointees from the cities. Olive Stephens' term would expire this year. She had served on the Board since the beginning and indicated a willingness to serve again if appointed. She must receive a majority of the votes from all of the cities. If acceptable, staff would proceed with a formal resolution for Council consideration. city Manager Harrell stated that this item would be placed on the July 20th agenda for staff direction. 4. The Council received a report and held a discussion regarding a review of the Denton Central Appraisal District's budget. City Manger Harrell stated that this item was for council information and would be placed on the July 20th agenda for staff direction. Council Member Cott returned to the meeting. Joe Forsythe, Denton Central Appraisal District, stated that the proposed budget had been included in the Council back-up materials. He asked if Council had any questions regarding the budget. Council Member Cott stated that they did not have 1993 to date. Forsythe replied that their budget was a calendar year but that they were going to change to either the city or school district calendar. Council Member Cott asked how the year was proceeding against budget. 116 City of Denton City Council Minutes July 13, 1993 Page 7 Forsythe replied that they were on track as far as the budget was concerned. Council Member Cott asked about the printing service which had an increase from $37,000 to $43,000 while office supplies were going down. Forsythe replied that much of the printing was done outside and those two accounts were driven by actual expenditures. Council Member Cott stated that furniture and equipment was going down from $34,000 to $25,000 and maintenance was remaining the same. Forsythe stated that those were miscellaneous capital items. Council Member Miller asked about the increase in salaries and the decrease in retirement. Forsythe replied that they were on a fixed rate system while the City was on an annually determined contribution system. The Texas County/District Retirement System had allowed them to change to an annually determined contribution system which would save money. John England updated the Council on the Peterbilt case. McGrane stated that the Council did not need to take any affirmative action. Action would have to be taken only if the Council had an objection with the approved budget. 5. The Council received a report and held a discussion regarding providing the Texas Department of Transportation with input from the City of Denton on the proposed redesign of Roselawn at U. S. 377. Rick Svehla, Deputy City Manager, stated that there had been two public opportunities for input regarding Fort Worth Drive. One of the major concerns was how Roselawn came into Fort Worth Drive. The Highway Department had severe right-of-way needs and would be within several feet of some of the businesses in the area. Some of the property would have to be condemned and some of the buildings would be very close to the roadway if state guidelines were followed. An alternative to lessen that burden was to have the Highway Department cul-de-sac Roselawn. There would be no street entrance back to Denia Park and the cemetery. If that were done, the design standards changed and the entrances became a private driveway which required a smaller radius and lessened the right-of- way requirements. Staff had visited with two of the major business 117 City of Denton city Council Minutes July 13, 1993 Page 8 owners in the area and they liked the idea of the cul-de-sac. This alternative would change the access for the homeowners on Roselawn. They would not be able to come off Fort Worth Drive but rather would have to go to Acme to Bernard and then to Roselawn. Access to the cemetery would be better with the proposed route as opposed to the current access from Fort Worth Drive. The major property owners were in favor and the Highway Department did not have a problem with the proposal. Staff felt this would be mor~ positive than negative with this alignment. Mayor Pro Tem Smith asked how someone would go to a business in the area. Would he go down Bernard. Svehla replied that the residents would have to use Bernard and the businesses would have the cul-de-sac. Council Member Perry asked if the residents were aware of the proposal. Svehla replied that the three residents were renters and staff had not been able to contact them. Staff had only spoken to the owners of the businesses as they were most affected. Staff would continue to try and contact the residents. 6. The Council considered nominations and appointments to the City's Boards and Commissions. Council nominated the individuals as noted on Attachment A. smith motioned, Chew seconded to approve the nominations as indicated with the exception of the TMPA Board of Directors. On roll vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. With regard to the TMPA Board of Directors, Miller motioned, smith seconded to appoint Bill Giese. Perry motioned, Cott seconded to appoint Mark Chew. Council Member Perry felt that one of the problems with TMPA was that it was unresponsive to the citizens of the separate cities it served. He felt it would strengthen the Board to have an elected representative on the Board who was knowledgeable about utilities. This appointment would change the checks and balances to make them be more responsive to cities and would add a dimension to that Board. 118 City of Denton City Council Minutes July 13, 1993 Page 9 Mayor Castleberry asked for a vote for appointing Bill Giese to the TMPA Board of Directors. On roll vote, Brock "aye", Cott "nay", Miller "aye" Smith "aye" Chew "nay", Perry "nay" Castleberry "~ye" Motion' , and Mayor · carried with a 4-3 vote. Mayor Castleberry asked for a vote for appointing Mark Chew to the TMPA Board of Directors. On roll vote, Brock "nay", Cott "aye", Miller "nay", Smith "nay", Chew "aye", Perry "aye", And Mayor Castleberry "nay". Motion did not carry with a 3-4 vote. 7. Miscellaneous matters from the City Manager. There were no items from the City Manager at this meeting. 8. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Chew asked for a work session item regarding the franchise taxes with GTE. B. Mayor Pro Tem Smith stated that Congressman Sarpolis would be in Denton on Sunday afternoon and Council could give his the Council picture at 3:30 p.m. or could wait until August 12. Consensus of the council was to wait until August 12 at 5:00 p.m. Council Member Perry asked if the presentation could be done at 6:00 p.m. instead of 5:00 p.m. C. Council Member Brock asked for a discussion regarding the status of the brick walkways. City Manager Harrell stated that there might be a solution to the problem. The bids had been opened earlier in the day with two bidders on the project. Both bidders bid on alternate concrete pavers, new bricks and the reuse of the old bricks supplemented with new brick. The low bidder bid the use of old bricks, then pavers and finally new bricks. The other low bidder had a low bid for pavers, the old bricks and finally new bricks. It appears that the recommendation would be to go with used brick. This item would probably be presented to Council at the August 3rd meeting. With no further business, the meeting was adjourned at 7:05 p.m. 119 city of Denton City Council Minutes July 13, 1993 Page 10 BOB CASTLEBERRY, MAYO~ CITY OF DENTON, TEXAS/ ACC00132 120 ATTACHMENT A AIRPORT ADVISORY BOAI~n SEA~ CURRENT MEMBER 1 2 6 Terry Garland George Gilkeson Rick Woolfolk BOARD/COMMISSION NOMINATIONS 1993-94 NOMINATION Terry Garland George Gilkeson William (Mike) Stephens TERM 1993-95 1993-95 1993~95 COUNCIL Chew Smith Brock ANINAL SHELTER ADVISORY BOaWn SEAT CURRENT MEMBER 7 Bettye Johnson 1 Nonie Kull 3 Steve Meyerdirk 4 VACANT NOMINATION Mike Alexander Nonie Kull Steve Meyerdirk TERM 1993-95 1993-95 1993-95 1991-94 COUNCIL Mayor Chew Perry Cott BOARD OF ADJUSTN~NT SEAT CURRENT MEMBER 6 VACANT 7 Bill Colville 1 E. Ray Griffin 3 Rebecca Blair 4 Rebecca King NOMINATION Rachel Mays Bill Colville L. A. Wilkerson Rebecca Blair Rebecca King TERM 1993-95 1993-95 1993-95 1993-95 1993-95 COUNCIL Brock Mayor Chew Perry Cott BUILDING CODE BOARD SEAT CURRENT MEMBER 1 Ed Owens 2 Cliff Reding NOMINATION Ed Owens Nicholas Eassa TERM 1993-95 1993-95 COUNCIL Chew Smith 121 BOARD/COMMISSION NOMINATIONS 1993-94 AIRPORT ADVISORY SEAT 1 2 6 CURRENT MEMBER Terry Garland George Gilkeson Rick Woolfolk NOMINATION Terry Garland George Gilkeson William (Mike) Stephens TERM 1993-95 1993-95 1993~95 COUNCIL Chew smith Brock ANINaT. SHELTER ADVISORY BOARD SEAT CLrRRENT MEMBER 7 Bettye Johnson 1 Nonie Kull 3 Steve Meyerdirk 4 VACANT NOMINATION Mike Alexander Nonie Kull Steve Meyerdirk TERM 1993-95 1993-95 1993-95 1991-94 COUNCIL Mayor Chew Perry Cott BOARD OF ADJUSTMENT SEAT CURRENT MEMBER 6 VACANT 7 Bill Colville 1 E. Ray Griffin 3 Rebecca Blair 4 Rebecca King NOMINATION Rachel Mays Bill Colville L. A. Wilkerson Rebecca Blair Rebecca King .TERM 1993-95 1993-95 1993-95 1993-95 1993-95 COUNCIL Brock Mayor Chew Perry Cott BUILDING CODE BOARD SEAT CURRENT MEMBER 1 Ed Owens 2 Cliff Reding NOMINATION Ed Owens Nicholas Eassa TERM 1993-95 1993-95 COUNCIL Chew Smith 122 CABLE TV ADVISORY BOA~_D SEAT CURRENT MEMBER NOMINATION 5 Joe Holland Ed Bell 2 Richard Rodean Richard Rodean TERM 1993-96 1993-96 COUNCIL Miller Smith CITIZENS TRAFFIC SAFETY SUPPORT COMMISSIC~ SEAT CURRENT MEMBER Carolyn Bacon Doug Chadwick Betty Duncan Alice Gore NOMINATION Carolyn Bacon Kathleen Singleton Betty Duncan Alice Gore TERM 1993-95 1993-95 1993-95 1993-95 COUNCIL Perry Cott Miller Mayor COMMUNITY DEVELOPN~NT COMMITTEE SEAT 1 2 4 6 CURRENT MEMBER Peggy Norton Sarah Parker Dennis Stephens Jack Weir NOMINATION Peggy Norton Lisa Polack James McDade Jack Weir TERM 1993-95 1993-95 1993-95 1993-95 COUNCIL Chew Smith Cott Brock DATA PROCESSING ADVISORY BOARD SEAT CURRENT MEMBER Don Edwards Jim Kuykendall NOMINATION Don Edwards Eugene (Gene) Luster TERM 1993-95 1993-95 COUNCIL Mayor Chew 123 DO~Iq~OITI~I ADVISORY BOARD CURRENT MEMBER NOMINATION 5 Dean Cochran Robert (Kent) Baxter 6 Don Davis Don Davis 7 Kathleen Gigl Teri Rheault 1 George Highfill Pat Will 2 Don Hill Don Hill la Bill Thomas Bill Thomas TERM 1993-95 1993-95 1993-95 1993-95 1993-95 1993~95 COUNCIL Miller Brock Mayor Chew Smith Chew ELRCTRICAL CODE BOARD SEAT CURRENT MEMBER 2 Stuart Cawthon 5 Terry Schertz 6 Trenton L. Williams 7 Fred G. Reed NOMINATIO_ N Stuart Cawthon Terry Schertz Trenton L. Williams Fred G. Reed TERM 1993-95 1993-95 1993-95 1993-95 COUNCIL smith Miller Brock Mayor HISTORIC ?.a~.-'DI~I,%RK COlllllSSION SEAT CURRENT MEMBER 2 4 5 6 1 3 Judith Abbott W. A. Barker Liz Bays Elinor Caldwell Rita Holcomb George Spuller NOMINATION Judith Abbott Bullitt Lowry Suzanne Byron Mark Merki Rita Holcomb Alan Smart TERM 1993-95 1993-95 1993-95 1993-95 1993-95 1993-95 COUNCIL smith Cott Miller Brock Chew Perry 124 HUMAN SERVICES COMN!TT~ SEAT CURRENT MEMBER 4 5 1 3 5a 6 7 A1 Barstis Catherine Bell Dorothy Damico Linda Holloway Carol Riddlesperger Gary Truitt VACANT NOMINATION Wesley H. Stewart Catherine Bell Ed Smith Linda Holloway Carol Riddlesperger Victor DeSantis Mary Morimoto TERM 1993-95 1993-95 1993-95 1993-95 1993-95 1993195 1993-95 COUNCIL Cott Miller Chew Perry Miller Brock Mayor KEEP DENTON BEAUTIFUL BOARD SEAT CURRENT MEMBER 2 3 4 5 1 2a John Cooper Dick Engle John Enlow Sherrie Etheredge Jeane Morrison Martha Len Nelson NOMINATION Judy Smith Dick Engle John Enlow Jean Ross Don Hayes Martha Len Nelson TERM 1993-95 1993-95 1993-95 1993-95 1993-95 1993-95 COUNCIL Smith Perry Cott Miller Chew Smith LIBRARY BOARD SEAT CURRENT MEMBER 5 6 1 2 Dorothy Adkins Jean Greenlaw Dorothy Minter Mary Jo Pickens NOMINATION Linnie McAdams Jean Greenlaw Dorothy Minter Alex Finlay TERM 1993-95 1993-95 1993-95 1993-95 COUNCIL Miller Brock Chew Smith 125 PARKS AND RECReaTION BOARD SEAT 5 6 1 CURRENT MEMBER Dalton Gregory Burkley Harkless Neta Stallings NOMINATION Doug Chadwick Burkley Harkless Neta Stallings TERM 1993-95 1993-95 1993-95 COUNCIL Miller Brock Chew PLANNING AND ZONING COMMISSION SEAT CURRENT MEMBER Richard Cooper Ivan Glasscock Mary Evelyn Huey Melvin Willis NOMINATION Richard Cooper Barbara Russell Mary Evelyn Huey Dick Norton TERM 1993-95 1993-95 1993-95 1993-95 COUNCIL Cott Mayor Chew smith PLUMBING /%ND MECWaNICAL CODE BOARD SEAT CURRENT MEMBER NOMINATION George Becker Bill Burley Ted Lewellen Bob Sullivan Karl Martino Ted Lewellen Dave Reynolds TERM 1993-95 1993-95 1993-95 1993-95 COUNCIL Perry Cott Mayor smith PUBLIC UTILITIES BOARD SEA~ CURRENT MEMBER 7 John Thompson NOMINATION John Thompson TERM 1993-97 COUNCIL Mayor 126 SIGN BOARD OF APPEAL~ SEAT ~URRENT MEMBER 2 Gene Gumfory 4 Frank Massey 5 Tony Soto 6 Jim Tucker NOMINATION Gene Gumfory Cliff Reding Tony Soto Dena Fairfield TERM 1993-95 1993-95 1993-95 1993-95 COUNCIL Smith Cott Miller Brock CIVIL SERVICE COMMISSIOW SEAT CURRENT MEMBER Frank Davila NOMINATION Frank Davila TERM 1993-96 Harrell DENTON HOUSING AUTHORITY SEAT 7 7a 7b CURRENT MEMBER George Hubbard Warren Whitson William Wilson NOMINATION George Hubbard Warren Whitson TERM 1993-95 1993-95 1993-95 Mayor Mayor Mayor TMPA BOARD OF DIRECTOR8 SEAT CURRENT MEMBER Ray Stephens NOMINATION Bill Giese TERM 1993-95 Council ACC00128