HomeMy WebLinkAbout11/09/1987 City Council 00281
MINUTES OF THE CITY COUNCIL MEETING
HELD ON
NOVEMBER 9, 1987
The Regular Session of the City Council of the City of The
Colony, Texas was called to order at 7:30 p.m. on the 9th day of
November, 1987 at City Hall with following Council roll call:
Don Amick, Mayor Present
Rick Harris,Mayor Pro-rem Present
Johnny Spears,Councilman Absent
Michael Robinson,Councilman Present
Steve Glazener,Councilman Present
Harvey Bradley,Councilman Present
Marlene Poole,Councilman Present
and with six members present a quorum was established and the
following items were addressed:
1. PLEDGE OF ALLEGIANCE
Mayor Amick led the Council and the audience in the Pledge
of Allegiance to the flag of the United States of America
2. CONSENT AGENDA
Mayor Amick summarized the items on the consent agenda for
the audience.
A. CONSIDERATION OF APPROVAL OF MINUTES FOR THE CITY
COUNCIL MEETINGS HELD ON OCTOBER 19 AND 26 AND NOVEMBER
2, 1987
Councilman Harris moved to approve the minutes as read and
Councilman Poole seconded the motion, which carried with a
unanimous roll call vote. Mayor Amick abstained on the
October 19 and November 2 minutes as did Councilman
Glazener, and Councilman Poole also abstained on the October
19 minutes.
B. CONSIDERATION OF APPROVAL OF HOLIDAY MEETING
SCHEDULE FOR CITY COUNCIL
A holiday meeting schedule was prepared by the City
Secretary as follows:
November 16, 1987 - Regular Session
December 7, 1987 - Regular Session
December 14, 1987 - Special Session - if necessary and
called by the Council
January 4, 1988 - Regular Session
Councilman Harris moved to approve the schedule as proposed
and Councilman Poole seconded the motion, which carried with
a unanimous roll call vote.
C. CONSIDERATION OF AN ORDINANCE CLOSING, ABANDONING AND
VACATING, PORTIONS OF MCKAMEY TRAIL (ALSO KNOWN AS FUQUA
ROAD)
Councilman Harris moved to approve the ordinance as written
and Councilman Poole seconded the motion, which carried with
a unanimous roll call vote.
D. CONSIDERATION OF APPROVAL OF TRANSFER OF FUNDS FROM THE
UTILITY FUND TO THE GENERAL FUND PER THE 1987/88 BUDGET
Mr. James England stated there is a budgeted transfer in the
1987/88 Budget, of $550,000.00 from the Utility Fund to the
General Fund, going on to say that currently, before any
1987 tax statements have been paid, the City is in an
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extremely critical cash position. Mr. England said the
recommended transfer of $300,000.00 will alleviate this low
cash level.
Councilman Poole moved to approve the transfer as
recommended and Councilman Bradley seconded the motion,
which carried with a unanimous roll call vote.
E. CONSIDERATION OF APPROVAL OF TRANSFER OF FUNDS FROM THE
UTILITY CONSTRUCTION FUND TO THE GENERAL FUND PER THE
1987/88 BUDGET
Mr. James England clarified that the agenda stated this was
a transfer to the General Fund and that is actually a
transfer to the Utility Debt Service Fund. Mr. England went
on to say that in the 1987/88 Budget an amount of
$330,000.00 was budgeted to be transferred from the 1978/80
Utility Construction Fund to the Utility Debt Service Fund
and went on to recommend this transfer of $330,000.00 plus
interest since all projects have been completed and that
this transfer will close out this particular account.
Councilman Poole moved to approve the transfer as
recommended and Councilman Bradley seconded the motion,
which carried with a unanimous roll call vote.
F. CONSIDERATION OF THE APPROVAL OF NEW AMBULANCE RATES
Mayor stated that this was presented at the work session on
October 26, 1987 and he pulled it from the Consent Agenda so
that citizens present could be aware and comment if they
desired. Chief Van Morrison referred to his memo of October
21 to the Council regarding the reasons for his request to
raise the rates. The Chief also said that in a survey of
surrounding cities regarding their collection rates, those
with $100.00 rate had a better collection rate. Chief
Morrison said The Colony collection rate in 1985 was 59% and
in 1986 was 65% going on to say that with the new rate, the
projected revenue for 1987/88 is $16,000.00. Councilman
Harris said that he was the one who requested the
information on other cities' collection rate and that he is
satisfied.
Councilman Glazener moved to approve the increase as
recommended and Councilman Robinson seconded the motion,
which carried with a unanimous roll call vote.
I. CONSIDERATION OF AN AGREEMENT BETWEEN L.I.S.D. AND THE
CITY OF THE COLONY FOR USE OF FACILITIES
Councilman Harris moved to approve the agreement as
recommended and Councilman Poole seconded the motion, which
carried with a unanimous roll call vote.
J. CONSIDERATION OF AN AGREEMENT WITH IBM FOR TAX PAYMENT
City Manager, Bill Hall stated that all IBM property is
zoned agricultural and they could pay the agricultural tax
rate, not the market value rate, going on to say that in the
past 5 - 6 years there has been an agreement with the City ,
although there have been no development plans, only an
interest in the City, for some of the property to be taxed
on its market value and that two months ago, IBM said they
will continue that coming to an agreed amount of $120,667.00
to be paid to the City and in turn if and when development
occurs, the Council will agree to credit back that amount
($120,667.00). Mr. Hall said that staff concurs this is a
wise move and stated the money would be put into the General
Fund, going on to say that when IBM does develop it will be
a major boost to the assessed value in The Colony. Mayor
Amick reiterated that this is taxes being paid on land that
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is really agricultural exempt and it does not have to be
paid, therefore this money was never included in the
operating budget, going on to say it will be used for
contingencies or emergency items. Mr. John Grimshaw, 4909
Hetherington, asked why IBM would give money to The Colony.
Mayor AmUck'said they have previously paid taxes to the
City. Councilman Poole reminded everyone that this was part
of an agreement and it kept them from having to pay school
taxes and also helped The Colony through some hard times in
years past.
Councilman Bradley moved to approve the agreement as
recommended and Councilman Poole seconded the motion, which
carried with a unanimous roll call vote.
4. CONSIDERATION OF APPROVAL OF PROPOSAL FOR USE OF THE OLD
CITY HALL AT 5576 N. COLONY BLVD.
Councilman Poole spoke for the Council Committee, stating
that only one proposal had been received and that was from
The Colony Masonic Lodge, going on to say that a letter had
been received from the Girl Scouts supporting that proposal.
Councilman Poole said is the consensus of the Committee to
approve this proposal, to appoint Mr. Bob van Til as staff
liaison on the project, and to issue regular users of the
facility a key, but to require one time users to request a
key from the City. Councilman Harris said the committee
does want to meet with Mr. Tom Cunningham, Chairman of the
Masonic Committee before passing a resolution authorize the
renovation and requested that the meeting be set up prior to
the November 16 Council meeting and to place the resolution
on that agenda for final action.
EMERGENCY AGENDA ITEM
1. VOTE TO RECONSIDER THE USE OF THE CITY LOGO
Mayor Amick explained that the proper procedure for placing
an item back on the agenda after it has been voted upon was
not followed therefore this item would not be addressed.
The Mayor did say that the City is pursuing copyright and
will be protective of the use logo and allow its use only
with Council approval. Mayor Amick said that permission was
given to The Colony Leader to use it and that permission
would not be rescinded however, anyone else using the logo
without the City's approval should please refrain from doing
so until a use policy can be established and until such a
policy is established anyone requesting to use the logo
should come before the Council for permission. Mayor Amick
stated that the controversy over this is the Council's
fault, because it is the first experience of this kind and
the Council was caught off guard regarding use.
Bill Hall, City Manager, said that the City Attorney advised
that the word "COPYRIGHT" should be written across the
original artwork and that will begin the copyright
procedure. Mayor Amick stated that would be done this date.
3. CONSIDERATION OF DRAINAGE WORK PROPOSAL FOR THE EASTVALE
ADDITION
Bill Hall, City Manager, handed out projection information
for this project (see attachment "A"). Mr. Hall said the
work would be done in phases, stating phase one will be the
1987/88 project, and covered his hand out making one
correction on page 1, stating the drainage work is $25,000
not $25,439, then turning the presentation over to Tommy
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Turner, Public Norks Director. Mr. Turner covered the plans
for carryin9 out the project, labor costs, and showed a map,
indictin9 where the work would be done and to where the
water would be diverted. Councilman Glazener asked if the
road work would be done next year. Mr. Turner said yes,
that 9radin9 on the dirt roads would be done in-house but
that the asphalt roads would have to be contracted out.
Mayor Amick.asked where the road from the ditches would be
moved to and Mr. Turner said it would be used for fill. Mr.
Hall said staff would like to use Agreement Letters for
property owners to pay the costs for this drainage work,
which will be approximately $100.00 each and that staff
would like to put the $4700.00 necessary in escrow, purchase
all the material up front and then assess the property for
the costs. ($4700.00) Councilman Glazener asked if this is
normal maintenance for upkeep of roads and ditches and
stated this is keeping the promise made at the time of
consolidation. Mr. Turner stated yes and said it will take
3 0 4 weeks to complete phase 1 then they will start on
phase 2, going on to say that to complete the entire project
will take approximately 3 years. Councilman Harris asked
if the staff is pursuing grants for road or drainage work.
Mr. Hall said yes, that the planning grant is in force
already and that Mr. van Til has been working with TDCA, who
is very receptive to helping The Colony to complete the
necessary work in this area. Councilman Harris asked if
these are matching funds grants, and Mr. Hall said no, and
that we are also checking into an Urgency Act Grant for
helping upgrade the sewer system.
Councilman Harris mentioned the fact that Council had
discussed ways to assess the costs, wondering if including
it on the water bills is still possible. Mr. Hall said that
staff does not recommend that method, because water bills
often go delinquent, stating again he would like to bring
the water rate and the letter agreement for assessment back
to Council separately for their review and approval.
Councilman Harris said he is concerned for fixed income
persons in that area and feels we need to take a very
liberal approach on how to assess them.
5. RECEIVE REPORT FROM THE BUILDING OFFICIAL ON EASTVALE
ADDITION INSPECTIONS
Mr. Eric Stanton, Building Official gave a brief overview of
the action taken thus far, stating that as a result of
general notices included in the October water bill and
subsequent letters stating new policy sent out on October 28
and 29, as well os inspection tours of occupied property
conducted October 26 through November 2, only 60 letters had
to be sent to owners of occupied property regarding a
variety of code violations. Mr. Stanton said now his
department will respond to individual calls. Mayor Amick
asked if the inspections were done by riding through and Mr.
Stanton replied they were. Mayor Amick requested they be
done by walk through now and also septic tank inspections,
particularly in abandoned areas. Mr. Stanton said only one
complaint had been received regarding a septic tank, going
on to say that Denton County refuses to inspection septic
tanks in the Eastvale area, because the ground is
unsuitable. Mr. Stanton went on to say that lots under
15,000 square feet are not to have septic tanks, by the
Water Codes. Mayor Amick asked if construction should be
stopped and Mr. Stanton stated his department is requiring
an evapotransfer septic system, going on to say that type
system will work in the ground found in that area.
Councilman Poole said the City should not even allow septic
tanks at all, and Mayor Amick as well as Councilman Harris
stated the City cannot do that if the City cannot service
the area with sewer. There followed a lengthy discussion
regarding whether to allow or not allow septic tanks on
certain size lots. Mayor Amick asked if any new homes had
been started and Mr. Stanton said two were started before
the consolidation went into effect and one has been started
since that .time as well as the Art Mart addition, both of
which he stated are complying with The Colony Codes.
Councilman Bradley asked if citations will be issued on
septic tank violations. Mr. Stanton stated that those
problems are usually temporary, and that no citations for
any violations will be issued until January 1988.
At this time, Mayor Amick reminded staff of the various items
addressed at the October 26 work session and asked that a check
list of those items be prepared for the Council.
Tommy Turner said the Clean Up day on November 7 was the best
organized ever, stating that 12, 20 yard dumpsters were filled up
in the Eastvale addition .
At this time, with no further business to address, Councilman
Harris moved to adjourn and Councilman Bradley seconded the
motion which carried with all members voting Aye.
Mayor Amick adjourned the meeting at 8:45 p.m.
APPROVED:
Do~ A~ick, M%~yb~
ATTEST:
Patti A. Hicks, City Secretary
[SEAL]
002823
ATTACHMENT "A"
TO: MAYOR AMICK AND COUNCILMF-MBER5
FROM : BILL ~IA'LL, City Manager
RE: EASTVALE ADDITION DRAINAGE PROJECT
DATE: NOVFAMB'ER 9,1987
In preparation for the projected drainage project in the
Eastvale addition, we have prepared a projected General
Fund Budget for the 1987/88 Budget year.
Present assessed value 311,367,211.00
Tax Levy 85,255.00
Expend i lures
First Colony Bank -Crown Victoria 5,160.00
As soc i at es-Page r s 600.00
35,760.00
Certificate of Obligation 1955
Water ,System Improvements 5,995.00
Fire Truck $10z452.00
Total Expenditures $22,207.00
Revenue $85,255.00
Expend i lures -$22~ 207.00
o 4,
Contingency 20% -$12~609.00
Drainage work $25,~
Maintenance and operations $25,439
Eastvale Addition
Drainage Proiect
Labor and Equipment ('0_ 129.00 per hour
pump Truck and Driver
Grade-all and Driver
2 Maintenance Workers
$129.00 per hour = $1032.00 x 5 = $5160.00 week
I000 ft. per week x 3 weeks = $15,#80.00 labor cost
Materials:
Culvert pipe 24" x 60' ~ $600.00 x 6 = $3600.00
12 x 60' ~ $280.00 x 1 = 280.00
$5 0.00
Fill Rock ;@ $300.00 $300.00
Total Labor $15,080.00
Total Materials $4,180.00
$19,660.00
Prepurchase of Residential Culvert and Backfill
Culverts @ $73.60
Backfill ~ $26.40
$100.00 x 47 = $4,700.00at6,~ga§§essed
back to property owners
19,~0.o0
0.700.00
2% 3 o.oo
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CERTIFICATION
I, Don Amick, Mayor of the City of The Colony, hereby certify
that the following is a true and co~.r~ect record of the
proceedings conducted on the _/~-4 day of ~..~,~t,
Don A~ick, Mayor
ATTEST:
Patti A. Hicks, City Secretary