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11/03/1980 City Council
00072 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLOb~ HELD ON NOVEMBER 3, 1980 A REGT~JAR MEETING of the City Council of the City of The Colony, Texas was called to order with the following memkers present: Richard Turner Mayor William J. Longo Councilman Linda A. Adams Councilman Norman Adeler Councilman Gary Shipman Councilman Greg Norwood Councilman thus a quorum was established. 1. BRIEFING SESSION The City Council met in a briefing session frown 7:30 to 8 p.m. to discuss the following agenda items. No action was taken at this time. 2. APPROVAL OF MINUTES After review Councilman Shipman moved that the minutes of October 7 and October ].3 be approved. Seconded by Councilman Adams, the mction was passed by the following roll cai]. vote: Ayes: All members present voted aye Noes: None 3. PUBLIC HEARING PURSUANT TO THE U. S. PUBLIC UTILITY REGb~ATORY POLICY ACT OF 1978 Mr. Hart at this time introduced John Turner, the new manager of the proposed Colony office of Texas Power and Light Company. He then briefed the Council regarding this act and the city's requirements as outlined in a letter from Rob Dillard, city attorney. Mr. Dillard advised the Council that the Council was required to consider eleven standards or prin-- ciples regarding electrical service, as well as "lifeline rates". He fur- ther advised that in regard to gas utility service the Council is required to consider three questions. A report of the Council's action must be filed with the Depart~ent of Energy on or before November 9, 1981. Mr. Hart then asked Mr. Turner if he knew what other action other cities had taken on this matter. Mr. Turner advised the Council that most cities had had their hearings and tabled any action at this time. Mr. Hart asked if Texas Power and Light did institute "lifeline rates". He was advised that they did not. After further discussion, and there being no comments for or against any of the standards for electrical or gas utility service, Councilman Shipman moved that the public hearing be closed and action on this item be tabled until further determination by the Public Utility Commission. Councilman Longo seconded this motion and it was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 4. CONSIDERATION OF FIRST READING OF TAX LEVY ORDINANCE Mayor Turner read aloud the following captioned ordinance in its entirety: AN ORDINANCE OF THE CITY OF THE COLOi,~, TEXAS, LEi~ING THE ~ VALOREM TAXES FOR THE YEAR 1980 AT A RATE OF $.37 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUATION D~ ALL TAXABLE PROPERTY WITHIN THE CORP©P~TE LIMITS OF THE CITY AS OF JANUARY i, 19g0; TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AYD SI~.H<ING FUND ON ~LL OUTSTANDING DEBTS OF THE CITY; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTERESTj AND DECLARING AN EFFECTIVE DATE. Councilman Longo stated again that he felt very strongly, due to additional revenue sources, that the tax rate should be set at $.35 rather than $.37. Councilman Adams stated she was concerned with the legality of this. However, Councilman Longo emphasized that the city had received an additional $15,000 from revenue sharing, the juvenile officer grant had been awarded to the city, and these two sources of additional revenue would allow the contingency reserve to come in over $20,000, and he felt this should be passed on to the citizens immediately. At this time, Councilman Shipman moved to approve the ordinance as read establishing a $.37 per one hundred dollar valuation tax levy rate. The motion was seconded by Councilman Norwood. Prior to voting, Richard Turner did ask staff to get an attorney's ruling on the legality of lowering the tax rate at this point in the procedure. He then called for a vote on the motion on the floor: Ayes: Councilmen Adams, Adeler, Shipman and Norwood Noes: Councilman Longo 5. PUBLIC HEARING PURSUANT TO COMPREHENSIVE ZONING ORDINANCE VARIANCE REQUEST (CITY COUNCIL WILL SIT AS BOARD OF ADJUSTMENT ON THIS AGENDA ITEM.) Councilman Longo 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 Janice Carroll, City Secretary, at this time introduced Mr. Tim Tennyson, who resides at 4924 Crawford Drive. She advised the Council that notices had been sent to all neighbors within 200 feet of Mr. Tennyson's residence. Mr. Tennyson presented to the Council, i.e., Board of Adjustment, copies of plans of the carport that he proposes to build to the rear of his garage. He advised the Council that there would be nine and one-half feet of uncovered driveway prior to intersection with the alley, and that this should not create any type of traffic hazard. The Council then discussed that the structure must be built in order to meet all codes and advised Mr. Tennyson --' that this hearing is provided to protect his neighbors' rights. Councilman Adams stated that although she knew it was hard to maintain aesthetic con- trol, it was important that the Council review construction projects such as this. There were no comments for or against this carport construction by Mr. Tennyson from members of the audience. Councilman Longo urged that a Board of Adjustment, separate from the Council, be created as soon as possible to handle situations such as this. There being no further dis- cussion, Councilman Longo then moved to close the public hearing and approve this variance request. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 6. DISCUSSION OF HOME RULE CHARTER PROPOSED REVISIONS Janice Carroll, City Secretary, explained that this item had been added to the agenda to receive directional input from the Council on this matter. After discussion, the Council determined that they should meet in a work session as soon as possible with the attorney present to clarify amend- ments needed to the charter and how districting, if passed, would be handled. They also advised the staff to review in detail the legalities regarding the calling of a Home Rule Charter election and publication requirements. It was determined that a work session would be held either on the Thursday after the November 17 regular meeting or the following November 24 meeting. 7. DISCUSSION OF APPOINTMENT OF FOURTH OF JULY COMMITTEE Councilman Longo requested that the city secretary publish a request for people interested in serving on the July 4th Committee. There followed a brief discussion regarding how this committee should work in relation to the Park and Recreation Board and with Rick Herald, Director of Parks and Recreation. George Gillette, a former member of the Fourth of July Committee advised that there should be very few restrictions upon the 000724 Committee and that Rick Herald should act only as the liaison to the Committee for city input. Councilman Shipman said he felt it should be the city's responsibility to send out all letters of invitation to public officials and dignitaries. The Council concurred that this should be put back on the agenda within 30 days for an appointment of this Com- mittee. 8. CONSIDERATION OF UTILIZATION OF GRANT FROM CABLE TELEVISION Mr. Hart asked that this item be tabled. Councilman Norwood moved to table the discussion of this grant. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 9. CONSIDERATION OF FIRST READING OF ORDINANCE CREATING HOSPITAL AUTHORITY BOARD Mayor Turner advised the members of the audience that the Council would meet in a closed door session regarding the appointments to this board; however, upon reconvening in open session, the Council was not prepared to have first reading of this ordinance. The Council then met in a closed door session dealing with personnel as authorized by Article 6252-17 of V.AoC.S. Upon reconvening in open session, Mayor Turner advised that no action would be taken at this time. There being no further action to be taken by the Council, Councilman Norwood moved that the meeting be adjourned. Seconded by Councilman Shipman, 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 p.m. ATTEST: JANI~f~RROLL, CITY SECRETARY -3-