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10/26/1987 City Council
00280~ MINUTES OF THE CITY COUNCIL MEETING HELD ON OCTOBER 26, 1987 The Work Session of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. on the 26th day of October, 1987 at City Hall with following Council roll call: Don Amick, Mayor Present Rick Harris,Mayor Pro-rem Present Johnny Spears,Councilman Present Michael Robinson,Councilman Present Steve Glazener,Councilman Present Harvey Bradley,Councilman Present Marlene Poole,Councilman Present and with seven members present a quorum was established and the following items were addressed: 1. DISCUSSION OF WATER SYSTEM, EASTVALE AREA City Manager Bill Hall referred to Mr. Tommy Turner's memo regarding the water rates in Eastvale. The memo indicated that the rate in Eastvale are not the same as those in The Colony. Eastvale Water Rates are $14.00 for the first 3000 gallons and $3.50 per 1000 gallons. The Colony pays $10.00 for the first 2000 gallons plus $1.50 per 1000 gallons. Mr. Hall said they are higher and that a portion of that money has been going to pay off the water tank. James England, Financial Director said the audits did not address this issue and that the rates could be changed or not. Councilman Poole said they are not really on our system and if we lower them there will be no profit and no money to pay the employee handling the water system. Mayor Amick asked if they were on our rate, what typical month would look like, ie. revenue, expenditures, including salary. Councilman Bradley said that the reason that area is on our (The Colony's) tax rate is to retire their debt, stating that he did not think it fair to keep their water rates higher to pay that debt also. The councilman also wanted to know if Texas Waste Management will pick up trash in that area for $5.40 as in The Colony proper. Councilman Poole said that even though they are on our tax rate that is not effective until 1988. Mr. England said that they were billed on October 1 and should receive their statement by November or December for this year. Mayor Amick said the financial break down for an average month is necessary before the Council can make a decision. Councilman Poole said the only big difference is the sanitary fees, not the water. Mr. Hall asked if the sanitary rates should be changed also. Mayor Amick said he would like to see the money breakdown first on the next agenda and would like the information to the Council by Thursday or Friday for them to study. Councilman Poole said to be sure Eastvale citizens receive notice of the tax being added to their bills now. Mayor, Amick said this could be placed on the Consent Agenda for Council action. 2. IMPROVEMENTS PLAN, EASTVALE AREA City Manager, Bill Hall said that there are three specific areas; streets, water system and establishing a sanitary sewer system, and that he will start with the short term projects. Mr. Hall said that Mr. Bob van Till has been working on obtaining a government grant for water improvements and possibly an emergency grant for sanitary sewer system. 00280 Mr. Hall said that the street repair will be done in-house. Mr. Hall referenced a letter in Council's packet that had been sent to citizens in the area in their water bills regarding inspections of property, and stated that there would be an update of the progress given to Council. Mayor Amick asked how long this will take, making sure this was only on the exterior of the homes. Mr. Hall said that was correct, unless the inspectors are asked to come inside and inspect the house. Mayor Amick asked if this could be done by the end of November and Mr. Hall stated there are 255 homes and it is possible to have it complete by then. The Mayor said the inspections should aim at the obvious, now and then in January, the inspections department should follow normal procedures, reminding everyone that The Colony did stated the citizens in that area would have until January 1988 to comply. Councilman Harris said we need to point out all that is wrong now or it will be hard to enforce later. Mr. Hall said that those citizens have been notified of the clean-up day on November 7 and are going to participate. Councilman Poole asked if fencing for animals will be addressed and Mr. Hall stated not at this time. Tommy Turner showed a map of the drainage improvement plan, stating there are 213 water customers and that his department will be dredging ditches, inspecting culverts. Mr. Turner said a new or the repair of an old culvert will cost approximately $100.00 and that can be paid out on their water bill. Mr. Turner said the cost for crowning and grinding existing asphalt on the roads is $18,000 to $25,000 for each 1000 feet, going on to say that with City equipment, the drainage ditches can be repaired and then next summer his crews will concentrate on the road repair. Mayor Amick asked if the holes will be filled and Mr. Turner said they would be filled with tack seal. Mr. Hall said this is a bandaid, but a far improvement over what they have now. Councilman Harris stated that if the culvert costs are to be added to their water bills, then why not leave the bills as they are to cover that cost. Mayor Amick agreed with that idea and asked if it is legal to do so, stating that since drainage, water and sewer are all under the same department it would be simple to handle in that manner, leaving the rates the same for the next year. Councilman Bradley stated that some will not need repair and they should not be charged. Mayor Amick said that does not matter, that the entire area will share the cost of the repairs and directed Mr. England to check into this matter. Mr. Hall said he was not sure if, legally, we can have varying rates within the same city. Mayor Amick said if we can't then we should assess the citizens as in a subdivision. Councilman Bradley said the attorney already addressed that, stating it can be done by surcharge.The Council all agreed these projects should be started right away and Councilman Poole stated that the costs should be sure to be kept separate from The Colony. There was a brief discussion regarding the proper name for the area; Eastvale Addition, Northwest Division, etc. Mayor said that when discussing the area, Eastvale Addition would be fine, but there should be no signs installed to that effect. Mayor Amick said he would prefer to handle the costs by assessment and requested that it be on a future agenda item for action soon. There followed a lengthy discussion regarding how the labor costs for these projects should be financed, ie, Eastvale tax money, or out of The Colony general fund. Councilmen Harris, Spears and Glazener all felt this area is part of the City of The Colony and that citizens should not be charged back for labor, however, Mayor Amick, and Councilmen Poole and Bradley said the charges for this major project should be assessed back to the citizens. Councilman oo28o e Robinson said he felt it was an accounting problem and that Council needs to decide where the money will come from. Mayor Amick disagreed, stating that it is a philosophy of the Council and that it should be placed on a future agenda for formal Council vote. Tommy Turner also said that the road and ditch work will run $68,000 for 2600 feet, if contracted out. Mayor Amick asked for figures to do the work, both contracted and in-house, reminding everyone of the tight budget and the need to keep expenditures in line. 3. ZONING CHANGES, EASTVALE AREA City Manager, Bill Hall stated that the City of Eastvale and the City of The Colony have different zoning categories and that although this has posed no major problem, there have been some phone calls regarding the sale of property. Mr. Hall said he would like to have a zoning map prepared of the entire area, incorporating The Colony Zoning, and perhaps as property changes hands, the proper zoning can be applied.Mr. Hall said this will need to go before P & Z and then the Council for approval. Mayor Amick said we will have to give people time to comply. Mr. Hall stated that Bob van Til has been handling this and has been telling new owners that they will have to comply with The Colony Zoning Ordinance. Mr. Hall said that any ordinance that The Colony has automatically applies to Eastvale, ie, sexually oriented business ordinance. Mayor Amick asked that the plan be brought to Council in another work session, as soon as possible before it goes to P & Z. 4. PLANNING AND ZONING RATE STRUCTURE Mr. Hall said that Bob van Til had been working on the present rate structure and stated that it does not adequately compensate for staff and consultant time, recommending the rates should be increased. (See attachment "A") Mr. Hall said The Colony is spending their money for developers to reach an agreeable plan, going on to say that city staff and consultants spend time to make recommendations to the developers and that the new rates will encourage developers to bring correct plans the first time. Mayor Amick said he would like to see current rates and the new rates on the same page for a easy comparison and wants a survey of other cities conducted, stating this should be placed on the November 16, 1987 agenda for Council review and action. At this time, Mayor Amick called a 5 minute recess. Upon reconvening, Mayor Amick said he had received a request from The Colony Leader to use the City logo as their heading on the newspaper. There was a brief, general discussion with no major objections expressed. 5. AMBULANCE RATE STRUCTURE Chief Van Morrison referred to his memo (see Attachment "B") stating that the current rate of $65.00 has been in effect since 1983 and at that time raised from $35.00. Chief Morrison covered the items in his memo and recommended the rate be raised to $100.00. Mayor Amick said to place this on the November 2, agenda for approval and then asked for the Council's opinion. Councilman Robinson agreed with the $100.00. Councilman Harris asked for an inquiry with the cities of DeSoto and Denton regarding their collection rate and if that is satisfactory, then the $100.00 is fine. Councilmen Spears, Bradley, Glazener and Poole all agreed with the $100.00 rate. Mayor Amick recommended a $75.00 rate. 00280 6. TWO YEAR MAINTENANCE BOND ON CAPITAL IMPROVEMENTS Bill Hall, City Manager stated that staff strongly recommends adopting this policy, stating that we presently require a one year bond and have very little problems. Mr. Hall said that other cities have gone to a two year bond. Mr. Hall said that in Section 26A, for example, streets and sewers were put in two years ago and are just now being developed by F & J, going on to say that heavy equipment is damaging streets and alleys and that the maintenance bond has expired and the developer will not repair the damage. Mr. Hall said the engineers concur and there were no -- objections from Council. Councilman Bradley did ask if two years is enough. Mr. Hall said it would be very burdensome to increase the time. Mayor Amick said to place on a future agenda for action. Councilman Harris asked if the destruction by trucks can be charged back to the developer and Councilman Poole suggested not accepting the dedication of the streets until build out is complete. Mr. Hall and Mayor Amick both agreed that was not a .very good approach. There was no further discussion. 7. TRUCK PARKING IN SHOPPING CENTERS Mr. Hall referred to the memo regarding Boston Boots in the Council packet, stating that those are not available any more and that staff recommends an ordinance prohibiting truck parking. The Council agreed if it is enforceable. Councilman Harris asked Mr. Hall to check into the maximum height entrance to prevent the front entry of trucks, allowing only back entry for deliveries. Mayor Amick said something must be done to prevent truck parking in the shopping centers, because it destroying the parking lots and directed staff to bring the ordinance to Council on a future agenda for action. 8. PLANO PARKWAY SPEED LIMITS Bill Hall said the staff needs a consensus from Council regarding the speed limits so the signs will be ready in time for the opening of the roadway. Chief Nick Ristagno said that he has not received Traffic Engineer Hal Jones' opinion as yet, but he feels it will be 40 mph . Mayor Amick directed the Chief to get with Mr. Jones and bring back a recommendation, stating he feels 50-55 mph would be appropriate. 9. VICIOUS ANIMAL/EXOTIC PET ORDINANCE City Manager, Bill Hall, said the ordinance in the packet does not address exotic pets, only vicious animals. Chief Ristagno said the existing ordinance is 10 years old and needs to be updated, stating the new ordinance meets current and future problems, expanding various areas which need to be addressed. Chief Ristagno said the draft ordinance does need to go back to the attorney for final review before the Council acts on it, but he would like the Council input regarding "Prohibited Animals" ie, to permit or prohibit them. There followed a discussion regarding small children walking onto property of the owner of a vicious animal and __ the owner of the animal not being held responsible. The Chief said he would check into a provision for small children, unprovoked attacks, etc. Councilman Poole asked why registration tags were not sold at the local veterinarian offices. Mayor Amick thought that was a good point and the Chief said he would check into that also. Councilman Glazener asked if the amount of animals allowed could be limited to two - total and if the size of the animals could be limited. Mayor Amick directed the Chief to check with other cities regarding that and to bring back to the Council as soon as received from the attorney. Mr. Hall said the Council still needs to address exotic animals, 00 80, prohibited or permit~'~.$~ggesting a permit so that the City officials can at least'know where they are located. Councilman Robinson suggested prohibiting some animals and permitting others.Mayor Amick said that before the ordinance comes to Council for approval he would like to see it on another work session, but that it needs to be resolved before Christmas. Mr. Hall recommended deleting Section 5 relating to prohibited animals and bring the ordinance to Council at the next meeting. That was agreeable with the Council. 10. MUNICIPAL CHRISTMAS TREE Bill Hall said that a request had been made to place a permanent, live Christmas tree on the grounds at City Hall and that Beta Sigma Phi will annually hold the decorating and lighting ceremony at their expense. There was a general consensus to purchase the tree. 11. SIGNALIZATION OF PAIGE ROAD AT NORTH AND/OR SOUTH COLONY BOULEVARD Bill Hall addressed the impact on traffic when the North Colony extension opens, advising the Council that F & J has started construction on the Northeast Planning Unit and that F & J did, in a letter agree to pay 100% of the cost of signalization at Paige and North Colony when that development was underway. Mr. Hall said we do however, need signalization at South Colony and Paige also. Councilman Poole asked if the lights we have on hand will suffice, and Chief Ristagno advised those systems are not sophisticated enough for either of those intersections. Mr. Hall went on to say that the cost for a wire hung system at North Colony and Paige would be $50,000 to $60,000 (higher for a 4 way system) and the cost to install a permanent arm hung system would be $70,000 to $80,000, which is the type signalization that staff recommends. Mayor Amick asked if the City could afford to pay the balance if F & J will pay 50% of the cost at each intersection or should we allow F & J to pay 100% of the cost at N. Colony and Paige. The Mayor and Councilman Bradley suggested that F & J pay 100% of the cost at N. Colony and Paige and the City look later at signalizing S. Colony and Paige. Mayor Amick also mentioned to Chief Ristagno that the timing on the light at 423 and N. Colony is off. 12. DISCUSSION OF "OLD CITY HALL" Mayor Amick appointed Councilmen Harris, Bradley and Poole to study the proposals and to recommend whether the building should be used or destroyed. Councilman Harris asked if anyone has looked at the building to see if it is suitable for renovation and Mr. Hall said he was not sure. 13. OTHER ITEMS OF INTEREST Mayor Amick asked when the State will signalize Paige and Plano Parkway. Mr. Hall was not sure, but that it is being coordinated through Mr. Hal Jones, traffic engineer and the State. Councilman Spears asked how the City could get items into the Dallas papers for publicity. 14. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2E, REGARDING PENDING LITIGATION, TO WIT: WATERLINE EASEMENT, BRIGHT PROPERTY 00280b Upon reconvening in open session and with no business to address concerning the Closed Door Session, Councilman Spears moved to adjourn and Councilman Bradley seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 10:40 p.m. APPROVED: Don ~lck~ Ma~ .... ' .... ATTEST: P~tti A. Hicks, City Secretary "00'2806 ATTACHMENT "A" MEMORANDUM TO: BILL HALL, City Manager FR: BOB VAN"TIL, Administrative Staff Planner DA: SEPTEMBER 14, 1987 RE: FEE STRUCTURE~: Plats & Plans A new fee structure for platting and plans is needed.t© cover the basic cost to the city when processing, the applicatlons. In the past, t~e fee structure has been inadequate in covering the cost t6. the city and the costs of consulting engineers. The following fee structure is recommended: For zoning: 0 - 5 acres $200.00. 5 - 24.99 acres $350.00 25 - and more acres $500.00 For a specific use permit: 0 - 5 acres $100.00 5 - 24.9~ acres $150.00 25 - and more acres $200.00 For platting: Multiple lots Preliminary plat $200.00 + $3.00 per lot Final plat $300.00 + $5.00 per lot Prelilminaty/final $300.00 + $5.00 per lot ~ Replat $300.00 + $5.00 per lot Minumum Sin~le..lots , Preliminary plat $400.00 Final plat $500.00 Prelim%nary/final $500.00 Replat $500.00 For'site plan $400.00 For conceptual plan No cost Development plan $300.00 + $5.00 per lot Each subsequent phase $100.00 It must be stressed that with each different plat or plan a new application must be filed and a new fee must be paid. For instance: ;:~':Zoning $350. O0 Platting $500.00 Site' plan .$400.00 Total p~,0cedure cost $1250.00 cc Tommy Turner 00280'/ ATTACHMENT "B" MEMORANDUM TO: Mr. Bill Hall, City Manager FROM: %Van Morrison, Fire Chief DATE: 1 ~- ~ 1 - 87 %SUBJE~T:; :PROPOSED AMBULANCEs'RATE.INCREASE In reviewing gathered information regarding our M.I.C. operations, it is my recommendation that the city increase it's charges from $ 65.~ /emergency transport to $ 10~.~ emergency transport. ! base this recommendation on the following facts: 1. It has been 3 years since the cur~:ent rate was established. 2. The vehicular maintenance costs are escalating every year due to age and their routine daily abuse ( start cold & run flat out ). -~ 3. The State now charges an annual registration fee for ambulance certification. This fee did not exist 3 years ago. $ 5~.~ X number of Ambulances 4. The following are collections for the past 3 years: % COLLECTION $ AMOUNT COLLECTED 'a. 1985 59 8,117 b. 1986 65 19,197 5. Projection formula for 1988 collections. (9 of emer. trans.) ($ 100.00) % uncollected 1986 year + 5% X new rate - 35% = 238 + 12 X $ 1~.~ - $ 8,75~.0~ = $ 16,25~.~ pg. 2 of 2 6. Many of the following area departments are considering increasing their emergency transport fees. Addison .......... $1~.0~ ., Plano ......... 1~0.00 Richard~ ....... 75.~0 Lewisville ....... 60.0~ Carrollton . 65.0~ Dallas ........... 120.~0 Denton ........... 70.08 ~$Desoto ........... 100.00 Thank You for your consideration regarding this matter.