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HomeMy WebLinkAbout09/22/1980 City Council O00GS CITY OF 5HE COLONY DENTON COUNTY, TEXAS SEPTKMBER 22, 1980 A REGULAR MEETING of the City Council was called to order with the following members present: Ri chard Turner Mayor William J. Longo Councilman Linda A. Adams Councilman Norman Adeler Councilman Gary Shipman Councilman Greg Norwood Councilman 1. BRIEFING SESSION. Mayor Turner noted that the Council had dispensed with this briefing session and would con, hence the meeting with the opening of the Public Hearing. 2. PUBLIC HEARING REGARDING 5HE MUNICIPAL BUDGET FOR THE FISCAL YEAR 1980/81. Councilman Shipman moved that the hearing be opened. Seconded by Councilman Adams the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None Mr. Hart reviewed the Budget preparation process for the members of the audience, and added that the original Budget was presented to Council on July 14th and on file in the City Secretary's office July 15th. He stated that the first public hearing on the Budget was held on August 25th and at that time the citizens of the co~,~L~nity expressed their displeasure with the proposed tax increase. Since that budget hearing we have been personally working with the C.A.T. group of citizens regarding ways to lower the tax increase. The amended budget has been on file in the City Secretary's office since September 9th and this is the budget that the Council is now taking under consideration. This budget calls for a 38¢ rate. Mr. Hart advised the citizens that property tax represents only 56% of the total revenue received by the City, and as the City grc~s this percentage should lower even more. Mr. Hart then explained to the citizens what this tax rate would cost them individually per month and what level of services this tax rate would provide to them. After this presentation, Mayor Turner stated there would be a break to allow all citizens the opportunity to sign the register to speak for or against this proposed budget. Upon reconvening, Mayor Turner called the citizens to speak for or against the Budget. 1. Mike Stanfield - Mr. Stanfield stated that he felt this budget showed a disregard for the peoples wishes and lack of con~tent planning in regards to the expenditures that will follow next year and the years to come. He added, that the Council does have the power to reevaluate property in the years to come at this high tax rate. He also requested the Council to put sc~e o~ these proposed packages and large budget items to a vote of the people, possibly a bond election. This would allow the people an opportunity to tell the City officials what they want in their City. 2. John Burchell - Mr. Burchell stated that the legal notice calling this public hearing was a misrepresentation as it showed expenditures and revenues based upon a 33¢ tax rate. He also stated that in accordance with Section 10.04 of the Home Rule Charter this Budget has not been passed within ten (10) days of October 1, 1980 and was therefore illegal. -1- 3. Art Gibson - Mr. Gibson expressed his opinion that was he was not for additional police officers or conm~mications, nor did he want the proposed Library funds included in this years Budget. 4. Glen M. Taylor - Mr. Taylor stated that on his street of Bakers Drive, that he had spoken with seventeen people, of those people twelve were against this budget. He felt strongly that increased taxes would run people out of The Colony. 5. Rick Mount - Mr. Mount stated that he was not prepared to pay 100% increase this year, not to mention the cost increase of next year after reevaluation. -- 6. Dan Riggs - Mr. Riggs stated that he did not think the Budget was a bad one at all, although he doubted the need for a Library facility at this time. Mr. Riggs added, that he was for Police and Fire protection being funded in any possible m~nner. He did note that the Municipal Utility District w~s raising the garbage rate from $5.00 to $7.50. (In actuality this is the sewer rate rather than garbage rate.) 7. Dan Szekeley - Mr. Szekeley in a lengthy statement stated he was for the Budget explaining that inflation last year was at 15%; next year it would be up 20%;and a City's budget has to keep_up with inflation and to provide adequate services must grc~ also. He stated that if taxes were cut then services must be reduced and this would cause a loss of people within the City. He added, that he was for the conmunications systems and people must pay for what they want. 8. Donald Smith - Mr. Smith stated that he is against the increased budget and that this would run people out of the City. He asked if IBM and Fox and Jacobs were paying their fair share of the taxes. He also stated that he is also against the Library. 9. Paul A. Dalton - Mr. Dalton spoke for Police, Fire and Ambulance but would like the budget cut in other areas to lessen the tax rate. 10. Billy Craven - Mr. Craven stated the City must crawl before it can -- walk and reconmended that the City wait until we reached our projected 50,000 in population to look into services. He stated that he was not against raises for police but against equipment which he felt was not needed at this time in a City of this size. 11. Dan Vale - Mr. Vale stated also that he was against the increase in the tax rate and that the C.A.T. organization was willing to work with the City in all areas. 12. Vern McGovern - Mr. McGovern stated he is against the tax rate and asked why the Senior Citizens Exemption was tabled. 13. Wes Gray - Mr. Gray stated he is for the budget; and he is familiar with the workings of the City as he had attended almost every City Council meeting held and he was of the opinion that citizens must pay for services. He did correct Mr. Riggs statement saying that the sewer rate was to be increased not the garbage rate. He also applauded a dedicated City Council and Police Department. 14. Mike Kelly - Mr. Kelly also conm~nded the Police Department in their ability to keep crime in our City at a low level. He stated he was for the purchase of a communications system as these costs were constantly going up. 15. Lupe Sanditen - Mrs. Sanditen thanked the City Council for their dedication to the City. She asked that they wait one year for the funding of the Library and advised the Council that she was for street repairs and other areas of service. 16. Joel Marks - Mr. Marks if the City had looked into the use of a Bookmobile rather than the City service. He did compliment the Police, Fire and Ambulance Departments and agreed with others that he was against total control that Fox Jacobs had over much of the development of the City. -2- 000687 17. Dave Brown - Mr. Brown m~de a statement for the Budget explaining that a government cannot be run without funds available. He added, that the City Council was elected to run the City and that we must support thom in this area. Regarding taxes, he stated that he was on the Board of Equalization and that the tax roll had been certified at their yearly meeting and all property was taxed fairly and equitably. 18. Gene Pollard - Mr. Pollard told the Council that he did approve of the base-line budget but disagreed with son~ of the packages. He also stated that the Charter requirement must stand and he also felt that the City Council had acted illegally by not being in compliance with Section 10.05 of the Home Rule Charter. He further stated that he was against the communications package, paid fire chief, the additional police officers and generally overburdening the budget by over hiring in certain areas. He cited as an example that a combination electrical/plumbing inspector could be hired. He also advised that the dispatchers must be combined with clerical duties. His primary emphasis was the impact this budget would make on the next fiscal year. He added that unless changes were made this budget would be challenged. At this time, Tom Hart, City Manager, addressed scme of the questions brought up by the citizens while speaking to the Council. He did answer Mr. McGovern regarding the Senior Citizen Tax Exemption stating that the September 29th m~eting would have the first reading of an Ordinance adopting an Over-65 as well as a Disability Tax Exemption in the amount of $10,000.00. He further answered sc~e of the budget questions posed by the citizens. Mayor Turner asked that Janice Carroll, City Secretary, answer the questions of the legality of the public hearing notice as well as the stand the City is preapred to take regarding Section 10.05 of the Charter. Mrs. Carroll stated that in readvertising for the second public hearing the attorney did advise her to publish the expenditures and revenues originally quoted in the Budget as it was first filed in her office on July 15, 1980. As the attorney explained in a legal opinion to the City that any future changes (even to the point of amending the entire budget by substitution of a new document) would be an ar~endment to the original budget as filed. Therefore, the original expenditures and revenues were published again in the Public Hearing Notice. Mrs. Carroll further explained that in an oral conversation with our attorney, Robert Dillard, he stated that the ten (10) day requirement outlining Section 10.05 of the Charter should be looked at as a directive only not as a legal requirement. Mrs. Carroll further explained that the City lengthened the Budget process to receive more input from citizens and in this respect had been in compliance with the intent of the Charter. Also, the first reading of the Budget was being held on the Monday after the ten (10) day requirement had elapsed. Mrs. Carroll further advised that this was a preliminary oral statement frcm the attorney and a written legal opinion would follow with a complete analysis of this situation. Councilman Longo then asked the City Council to drop the Library from its proposed Budget because this was an item that would fail without cc~plete support of the citizens. Councilman Adams con~nented that the Council's philosophy had been to keep services at a minimum, but basic services are required for citizens. Councilman Longo then moved to close the Public Hearing. Seconded, by Councilman Shipman the motion was passed by the follc~ing roll call vote: Ayes: All members present voted aye Noes: None Mayor Turner then stated that the Council would take a brief recess before agenda item number three. 3. CONSIDERATION OF FIRST READING OF ORDINANCE ADOPTING 5HE MUNICIPAL BUDGET FOR THE FISCAL YEAR 1980/81. Councilman Longo moved that the Library be stricken from the Budget. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None -3- 000688 At this time Councilman Adams asked that the Council review all packages to clarify their stand before voting on the budget ordinance. Councilman Longo seconded this request. This motion was passed by the following roll call vote: Ayes: Councilman Longo Councilman Adams Councilman Adeler Noes: Councilman Shipman Councilman Norwood 1. Codification - Councilman Longo moved that this package be approved. Seconded by Councilman Shipman, the motion was passed by the follow- ing roll call vote: Ayes: All members present voted aye Noes: None 2. Fire Proof File Cabinet - Councilman Longo moved that this package be approved. Seconded, by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 3. PA System- Councilman Shipman moved that this be approved. Seconded by Councilman Norwood, the motion failed by the following roll call vote: Ayes: Councilman Shipman Councilman Norwood Noes: Councilman Longo CounciLman Adams Councilman Adeler 4. Park Maintenance Package - Councilman Norwood moved that it be approved. ~ Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: Councilman Longo Councilman Adeler Councilman Shipman Councilman Norwood Noes: Councilman Adams 5. Street Maintenance Pakage - Councilman Norwood moved that it be approved. Seconded by Councilman Shipman and it was passed by the following roll call vote: Ayes: Councilman Longo Councilman Adeler Councilman Shipman Councilman Norwood Noes: Counciln~nn Adams 6. Conmunications System- Counciln~nn Adams moved that this package be approved. Seconded by Councilman Shipman the motion was passed by ~ the following roll call vote: Ayes: All members present voted aye Noes: None -4- 000689 7. December 1 Police Officer - Councilman Longo moved that this item be approved. Seconded by Councilman Adams, the motion was passed by the follc~ing roll call vote: Ayes: All members present, voted aye Noes: None 8. April Police .Officer #1 - Councilman Longo moved that this item be approved. Seconded by Councilman Adams, the motion was passed by the follc~ing roll call vote: - Ayes: All members present voted aye Noes: None 9. April Police Officer #2 - Councilman Longo moved that this item be approved. Seconded by Councilman Norwood, this motion was passed by the follc~ing roll call vote: Ayes: All me~bers present voted aye Noes: None 10. Radar Equipment Package - Councilman Norwood moved that this item be approved. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 11. Fire Chief Package - Councilman Shipman moved that this package be approved. Seconded by Councilman Adeler, the motion was passed by the follc~ing roll call vote: Ayes: Councilman Longo Councilman Adeler Councilman Shipman Councilman Norwood Noes: Councilman Adams 12. Ambulance Chassis - Councilman Longo moved that this be approved. Seconded by Councilman Shipman the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None At this time Mayor Turner read aloud in its entirety the following captioned Ordinance: AN ORDINANCE OF THE CITY OF THE GOLONY, TEXAS, APPROVING AND ADOPTING A BUDGET FOR THE CITY FOR THE FISCAL YEAR OCTOBER t, 1980 5HROU~ SEPTSMBER 30, 1981; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET; AND DECLAR/_NG AN EFFECTIVE DATE. WHEREAS, The Budget Officer of the City of The Colony, Texas, has heretofore on the 15th day of July 1980, filed with the City Secretary, a proposed general budget for the City covering the fiscal year aforesaid. Councilman Longo then moved that the first reading of the Ordinance adopting the Budget as amended be passed. The motion was seconded by Councilman Norwood. The Council did advise the citizens that this would lower the tax rate to 37¢ which would be an average monthly cost to the citizens of $10.79. Chris Fabian, a member of the audience, called at the point of order this should be done at a regular meeting and that this procedure was in violation of Section 10.05 of the Home Rule Charter. At this time Mayor Turner called for a vote on the motion on the floor, the motion carried by the following roll call vote: Ayes: Councilman Longo Councilman Adeler Councilman Shipman Councilman Norwood Noes: Councilman Adams Councilman Adams stated that she felt more deletion was necessary before the -5- 000690 Budget could be acceptable to her. Mayor Turner advised citizens that the se.ciD_nd reading of his ordinance would be at the regular n~eting on September 29, 1980. There being no further action to be taken by the Council, Councilman Shipman moved that the meeting be adjourned. Seconded by Councilman Adeler the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Turner adjourned the meeting at 10:29 p.m. ATTEST: _ J~r~( 'C~rroll, City Secre -6-