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HomeMy WebLinkAbout09/16/1985 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON SEPTEMBER 16, 1985 The REGULAR SESSION of the City Council of the city of The Colony was called to order at 7:30 p.m. by Mayor Pro-tem Don Amick with the following members present: Don Amick Mayor Pro-tem Rick Harris Councilman Tom Arrambide Councilman Helen Gray Councilman Charles Dodds Councilman and with Mayor Larry Sample and Councilman Marlene Poole absent due to being out of town, however a quorum was established. 1. PLEDGE OF ALLEGIANCE Mayor Pro-tem Amick led the Council and members of the audience in the Pledge of Allegiance to the flag of the United Stated of America. 2. CITIZEN INPUT Ed Murray of 5604 Twitty spoke regarding his concern over the left turn signals at FM 423 and N. Colone Blvd. He stated that he feels there should be left turn signals in both lanes on FM 423. Janice Carroll responded by saying that the signal light at that intersection in temporary and that the stated should be in- stalling the permanent one shortly and that there will be left turn'signals in both the north and south bound lanes. Mr. Murray also requested a change in the requirement to go before the variance committee regarding yards on a steep incline. He said that he felt people needed to be able to raise the level of their yards. Janice Carroll said she believes this has been changed, stating that now ground level is considered to begin at the top of the retaining wall. Harvey Bradley, a member of the Planning and Zoning Commission was present at the meeting and stated that the commission now says that the fence cannot go over 8' above the slab foundation. 3. CONSIDERATION OF APPROVAL OF MINUTES Councilman Arrambide moved to approve the minutes of the August 19,1985 meeting as written, with a second from Council Gray. The motion carried with all members voting Aye. 4. CONSIDERATION OF A RESOLUTION RECOGNIZING AN OFFICIAL STEERING COMMITTEE FOR THE TEXAS 1986 SESQUICENTENNIAL. Janice Carroll, City Manager introduced Patti Jones, City Secretary as a member of the steering committee. Jones nam~ the members of the committee and proceede to introduce Harvey Bradley as the spokesman for the committee. Mr. Bradley then gave an outline of the tenative schedule of events and showed the Council and audience the City Logo which was designed for the celebration. Mayor Pro-tem Amick read the resolution as written: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, RECOGNIZING A STEERING COMMITTEE TO CREATE AND CARRY OUT A MASTER PLAN FOR THE CELEBRATION OF THE TEXAS SESQUICENTENNIAL. WHEREAS, the City of The Colony recognizes the significance of the Texas Sesquicentennial, and; WHEREAS, the City of The Colony wishes this celebration to be carried out properly, and; WHEREAS, the City of The Colony realizes the need for the organization of this celebration; NOW, BE IT THEREFORE, resolved by the City Council of the City of The Colony, Texas: 00212 That a Steering Committee shall be formed to create and carry out a Master Plan for the celebration of the Texas Sesquicentennial during the year, 1986, and that such committee will be made up of the following persons: Harvey Bradley Sylvia Brantley Tom Arrambide Barbara Baker Pam Firebaugh Patti Jones Lavell Garner Councilman Arrambide moved to pass the resolution recognizing this committee and Councilman Dodds seconded the motion which carried with all members voting Aye. 5. CONSIDERATION OF A RESOLUTION ADOPTING THE MASTER PLAN PRESENTED BY THE STEERING COMMITTEE FOR THE TEXAS 1986 SESQUICENTENNIAL. Mayor Pro-tem Amick read the Resolution as written: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ADOPTING THE MASTER PLAN FOR THE TEXAS SESQUICENTENNIAL CELEBRATION WHEREAS, the City Council has recognized the Steering Committee by formal resolution, and; WHEREAS, the City Council has reviewed and agrees with the tenative schedule of events, as presented by that Steering Committee, NOW, BE IT THEREFORE, resolved that the Master Plan as presented by the Official Steering Committee for the Texas Sesqui- centennial Celebration, be adopted by the Ctiy Council of the City of The Colony, Texas. Councilman Arrambide moved to pass the Resolution adopting the Master Plan, with a second from Councilman Dodds. The motion carried with all members voting Aye. 9. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE LEASE OF THE OMEGA IV TELEPHONE SYSTEM. Janice Carroll stated that Tom and Stewart Shirey from Consolidated Financial Resources were present to answer any questions and that Ray Reynolds from Business Telecommunications Systems was also pre- sent. Mayor Pro-tem Amick read the caption of the ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CONSOLIDATED FINANCIAL RESOURCES IN THE AMOUNT OF $16,738.00 FOR THE LEASE OF OMEGA IV TELEPHONE SYSTEM. ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Councilman Dodds moved to approve the ordinance as written and Councilman Arrambide seconded the motion. Councilman Harris asked in it was a 5 year lease with a $1.00 pay out at the end of the lease. Mike Lynch, citizen in the audience asked if the company is responsible for maintence of the equipment for 10 years. Mr. Reynolds responded yes. The motion carried with a unanimous roll call vote. 6. REVIEW OF PRELIMINARY PLANS FOR CONSTRUCTION OF PEDESTRIAN CROSSWALK Mr. Glen Brown of Bridgefarmer & Assoc. was at the meeting and showed drawings of the proposed crosswalk. He explained that there had to be compromise made with the land owners at the intersection of N. Colony and FM 423 because they felt the cross over would prevent people from being able to see their property from the highway. Therefore, Brown explained, the U-shaped crossover was designed, which would eliminate that problem. He said it would be attracitve and functional. Brown went on to give details of the actual contruction of the cross- over~ stating there would be a 17½ foot clearance at it's highest point from the roadway. He said after Council approval, the drawings would be sent to the Texas Highway department for approval and then to the utilities companies to ensure all utilities have been missed and if they have not, then make arrangements to have them moved. Brown stated the estimated construction cost remains at $203,000.00- $229,000.00. Councilman Dodds asked about fencing around the ramps. He said he felt that was necessary to ensure that kids could not fall off the ramps. Brown suggested that land- scaping be used to soften the fall if and when someone did fall. He said soft vines, bushes, etc. could be used for that purpose. He also stated that the crossover should replace the crosswalk guard. He felt that proper supervision at the site would be necessary to ensure safety. Councilman Harris stated that he really does not like the design, stating he feels it is unsafe. He also said that the future development at the intersection would bring entrances into the property too close to the ramp~ Harris went on to say that he feels the crossover will be not be used because the ramps are too long. Councilman Amick stated that the cost has been a factor in the design and that also the landowners have a say in the design and that they feel the design as presented is satisfactory for their purpose. He said he thinks this is the safest and best route possible with the available funds. After further discussion all the council agreed to request new plans in approximatly two weeks. Janice Carroll stated it could not be sooner than October 7, 1985, since Mr. Brown would be out of town. Mike Lynch, citizen in the audience questioned the percent of incline, the clearance and the height of walls. He suggested a 1' high wall would be less expensive. Mr. brown said the height of the wall was designed to instill a feeling of seourit~ Mr. Lynch also said he feels that lighting on the crossover should be considered. Paul Keith, citizen in the audience asked if the idea of a tunnel under FM 423 had been considered. The Council said yes it had been and that it was much too expensive. 7. CONSIDERATION OF AN ORDINANCE ADOPTING THE 1985/86 BUDGET FOR THE CITY OF THE COLONY. Janice Carroll addressed the Council, "Enclosed is the 1985/86 fiscal year budget for the City of The Colony, Denton County, Texas as approved and adopted by you, the elected officials of this City. This budget assures continued and improved excellence in our emergency services, particularly the Police functions by providing for four (4) additional officers. This is accomplished primarily through a three (3¢) cent tax rate increase to forty-one (41¢) cents per $100 valuation. Pay adjustments for the emergency services was recommended by a Council staffing committee and accom- plished by not significantly increasing services in other depart- ments. Revenues were projected even more conservatively, as the 84/85 budget fell short of estimated revenues from sales tax, court fines and housing building permits. However, by keeping expenditures under budget and not transferring from the contingency reserve, the year end general fund surplus is estimated to $274,078.00. The fund balance is critical from a cash flow standpoint from October of 1985, to January of 1986. In January, tax is received, and this is our major source of operating funds. With the exception of the Police Department, new personnel was not added. Capital expenditures are minimal with the emphasis being on equipment for the new officers and for the Public Works Depart- ment. In accordance with the Home Rule Charter, the Manager must address a projected list of capital projects which should be undertaken in the three (3) next succeeding years. This was addressed by the citizens of The Colony at a bond election held on December 15, 1984. All of the following propositions passed and will be completed in the next three (3) years with the exception of the Fire Station, which is projected to commence construction in 1988. (1) Municipal Service Center Comples Bonds - including a Recreation Center, (2) Library Facilities Bonds, (3) Fire Station Facilities Bonds, (4) Public Swimming Pool Facilities Bonds, (5) Farm-to-Market Road 423 elevated Pedestrian Crossover Bonds, and (6) Public Park Improvement and Athletic Facilities Bonds. 0O2].24 The City has anenxed 589 acres south of SH 121 and zoned this area for business and multi-family development. Council and Staff's goal in the next three (3) years is to increase the commercial tax base and lighten the tax burden of our citizens. If this is accom- plished, further capital projects that improve the quality of life in our community will be considered by the Council. As a final note, I would like to tahnk the Staff for their efforts in preparing this budget and the Citizens who part~cipated~in the review process. I personally appreciate the support and guidance offered by the City Council in finalizing this budget. This budget sets forth our financial work plan for the 1985/86 fiscal year. The Department Heads and I look forward to working with you to carry out this plan." Mayor Pro-tem Amick read the ordinance caption as written: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, APPROVING AND ADOPTING A BUDGET FOR THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1985 THROUGH SEPTEMBER 30, 1986; PROVIDING FOR THE INTRA-AND INTER-DEPARTMENT FUND TRANSFERS; PROVIDING FOR THE INVESTMENT OF CERTAIN FUNDS; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCOR- DANCE WITH SAID BUDGET; AND DECLARING AN EFFECTIVE DATE. Councilman Harris moved to approve tha ordinance as written and Councilman Dodds seconded the motion. Bill Conerly, citizen in the audience stated his appreciation to the Council and the City Staff for working to reduce the expenses to the CitY. Mr. Ed Murray asked if any of City taxes go to the Municipal Utility District. Mayor Pro-tem stated no that the City and the MUD are two separate entities. 8. CONSIDERATION OF AN ORDINANCE LEVYING THE AD VALOREM TAXES FOR THE YEAR 1985 AT A RATE OF $.41 PER ONE HUNDRED DOLLARS ASSESSED VALUATION. Janice Carroll stated that the city had complied with state law regarding the $.03 increase and that the 23% represented the total revenue increase and did not mean that citizens taxes would be increased by 23%. Mayor Pro-tem Amick read the ordinance caption as written: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE YEAR 1985 AT A RATE OF $.41 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUA- TION OF ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY AS OF JANUARY 1, 1985; TO PROVIDE REVENUES FOR THE PAY- MENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST; AND DECLARING AN EFFECTIVE DATE. Councilman Dodds moved to approve the ordinance as written, and Councilman Harris seconded the motion. Mike Lynch asked if the 589 acres just annexed into The Colony would be taxed and Janice Carroll stated no not until 1986. The motion carried with all members voting Aye. 10. CONSIDERATION OF A RESOLUTION ESTABLISHING A TIMETABLE FOR THE CITY/MUD CONSOLIDATION Mayor Pro-tem Amick read the Resolution as written: A RESOLUTION RECOMMENDING AND URGING THE CITY AND THE COLONY MUNICIPAL UTILITY DISTRICT NUBMER ONE (THE DISTRICT) TO HAVE DRAFTED, REVIEWED AND EXECUTED 002.125 A DEFINITIVE AGREEMENT RELATIVE TO THE SUBJECT OF CONSOLIDATION OF THE DISTRICT AND THE CITY ON OR BEFORE DECEMBER 1, 1985. WHEREAS, the City of The Colony, Texas (the City) and The Colony Municipal Utility District Number One(the District) have been reviewing all legal, economic and other considerations relative to the consolidation of the District and the City for the past year; and, WHEREAS, both the District and the City have expressed a desire and intent to establish a procedure for the orderly consolidation of the two entities under existing law; and, WHEREAS, the City Manager and City Attorney for the City met with the attorney for the District on both August 1, 1985, and August 30, 1985, with the August 1, 1985 meeting being also attended by the District's General Manager, to review procedures and an orderly timetable for consolidation; and, WHEREAS, the City believes that the parties should draft a definitive agreement that addresses all substantial and legal requirements that must be included in such an agreement in order to effectuate a consolidation and that such an agreement be drafted, reviewed and executed on or before December 1, 1985, NOW, THEREFORE BE IT RESOLVED by the City Council of The City of The Colony: Section 1. That all matters in the preamble are true and correct and are incorporated therein as if copied in their entirety. Section 2. That the City Council does find that it would be in the best interest of all the citizens of the City of The Colony, for the City and the District to have drafted and then reviewed for execution on or before December 1, 1985, a definitive agreement between the City and the District calling for consolidation of the two(2) entities in an orderly and legal manner. The contract shall call for the consolidation to take place on a date certain that is the earlies and most reasonable date that could be used and that would allow the consolidation in an orderly, reasonable and valid manner. Section 3. That this resolution shall take effect from and after it's passage. Janice Carroll, then stated that Mr. John Boyle, City Attorney will outline a plan in detail as directed at the August 30, 1985 meeting, and that she and Bill Hall, MUD Director will coordinate on personnel and operational standpoints. Councilman Dodds explained the merger to the public and Mayor Protem Amick stated that the MUD has no limit or ceiling on their taxing ability, but that the City does have a limit. Mike Lynch asked if the merger would negate the contract with Dallas for water. Janice Carroll stated that the contract would be continued with the City. Ed Murray asked about the new roads and and would the City be responsible. Janice Carroll said yes. The motion to approve the resolution carried with a unanimous roll call vote. 11. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17 OF V.A.C.S., SECTION 2G, REGARDING BOARD APPOINTMENTS. A. Board of Adjustments and Appeals. After reconvening in open session Council moved to next item. 12. CONSIDERATION OF APPOINTMENT TO BOARD OF ADJUSTMENT AND APPEALS. After a brief discussion, Council agreed that the applicants for the above board should be interviewed before appointment. With no further business to address, Councilman Dodds movd to adjourn the meeting. Councilman Arrambide seconded the motion which carried with all members voting Aye. Mayor Pro-tem Amick adjourned the meeting at 9:40 p.m. APPROVED: ATTEST: p~~~