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HomeMy WebLinkAbout09/12/1988 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON SEPTEMBER 12, 1988 The Regular Session of the City Council of the City of The Colony, TeXlS was called to order at ?:00 p.m. on the 12th day of September, 1988 at City Hall with the following Council roll call: Don Amick, Mayor Absent Rick Harris, Mayor Pro-tem Present Johnny Spears, Councilman Present Mike Robinson, Councilman Present Steve Glazener, Councilman Present Dick Weaver, Councilman Present Joel Marks, Councilman Present and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE Mayor Pro-tem Harris led the audience and the City Council in the Pledge of Allegiance to the flag of the United States of America. 2. CITIZEN INPUT A1 Gober, President of The Colony Youth Soccer Association along with Beverly Wise, Commissioner of the Association, presented the City Hall and the Recreation Center each with a collage of pictures of kids, coaches and past presidents of the Association over the past ten (10) years. The pictures were donated to the City in honor of the Association's 10th anniversary. Mayor Pro-tem Harris stated that having been a part of the association in the past, he recognizes the efforts that go in to making it successful for the youth of our community. Don Chavez, 5].41 Ragan, stated that he is an eight year resident of The Colony and is concerned regarding EAS, stating there seem to be some contradictory statements in the news. Mr. Chavez said he read the committee needs supports and asked if it is monetary, letter writing, or what. Mayor Pro-tem Harris said a pre-hearing conference is with the PUC is scheduled for October 3 and that there are several objections to be brought up to them. He said the EAS committee has scheduled several public hearings in October and right now there is no one to write to. Bill Hall stated that the EAS committee is made of members from all the cities involved and from all parts of the community, going on to say the chairman is Carroll Howard. Mr. Hall said that they do need money and will need help in putting out flyers to the public, suggesting anyone wishing to help should contact Mr. Howard for specifics. 4. CONSENT AGENDA City Manager Bill Hail summarized the items on the Consent Agenda for the audience and Council. A. CONSIDERATION OF THE APPROVAL OF MINUTES OF THE COUNCIL MEETINGS HELD ON AUGUST 8, 15, AND 19, 1988 Councilmen Robinson and Glazener abstained from the 8th minutes and Councilmen Glazener and Spears abstained from the 29th minutes. Councilman Weaver noted that in the August 29 minutes, the motion to approve use funds from the interest on the sale of land should not state the funds were from a bond issue. Mayor Pro-tem Harris agreed that his motion should not have read "bond Issue" Councilman Marks also noted that he made the motion to adjourn not Councilman Robinson. Councilman Spears moved to approve the minutes with corrections and Councilman Glazener seconded the motion which carried with a unanimous roll call 00308X vote. B. CONSIDERATION OF APPOINTMENT OF CAPTAIN DAVE WALLACE TO SERVE ON THE METROCREST MEDICAL SERVICES BOARD OF DIRECTORS Councilman Spears moved to approve the appointment and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF A BUDGET AMENDMENT FOR THE TAX DEPARTMENT Bill Hall referred to a memorandum from James England, Finance Director (see Attachment "A") explaining that the Tax Department will be transferred back into the Utility Fund, exclusively, as it had been in the past, and that this move does require a budget amendment. Councilman Spears moved to approve the budget amendment as presented and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF THE COLONY AND DENTON COUNTY FOR FIRE SERVICES Mr. Hall explained that is a standard agreement entered into each year by the two entities. Councilman Spears moved to approve the Resolution and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. E. CONSIDERATION OF A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF THE COLONY AND DENTON COUNTY FOR LIBRARY SERVICES Councilman Spears moved to approve the Resolution and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. 3. MAYORAL PROCLAMATION URGING PARTICIPATION IN SAIL FAIR Mayor Pro-tem Harris read the proclamation in its entirety as follows: WHEREAS, the City Council of the City of The Colony, Texas recognizes the importance of City Wide functions; and WHEREAS, the use of City parks and facilities is encouraged for those functions; and WHEREAS, a two day SAIL FAIR has been planned at Stewart Creek Park for all citizens of The Colony; I, RICK HARRIS, Mayor Pro-tem of the City of The Colony, Texas do hereby proclaim SAIL FAIR, to be held September 24 and 25, 1988 at Stewart Creek Park, a worthwhile endeavor for our community and urge all our citizens to participate and enjoy this very special occasion. SIGNED AND SEALED this 12th day of September , 1988. (s)Rick Harris, Mayor Pro-tem City of The Colony, Texas ATTEST: s)Patti A. Hicks, City Secretary Dr. and Mrs. Bill Manning were present in 1890's attire to accept the presentation and Dr. Manning presented SAIL FAIR T-shirts to the Council, City Manager and City Secretary. Dr. Manning said 00308 the committee has been working very hard for several months and hope to make this a classy arts and crafts fair. Councilman Weaver stated that the AARP will be supporting the event. 5. PUBLIC HEARING ON APPLICATION OF THE CITY OF THE COLONY TO AMEND THE ZONING OF THE FORMER CITY OF EASTVALE (OR GARZA- LITTLE ELM ESTATES AND THE HAVEN HILLS ADDITION) Councilman Marks moved to open the public hearing and Councilman Robinson seconded the motion which carried with all members voting Aye. There were no questions or statements from the public. Bob van Til, Administrative Staff Planner, stated that this action is being taken to bring the Eastvale subdivision into compliance with The Colony's Zoning Ordinance., stated it is currently operating under the old City of Eastvale Code which is different from The Colony Code. Mr. van Til displayed an old Eastvale zoning map and the proposed new map going on to say that Planning and Zoning did hold a public hearing and several citizen did appear, but no negative comments were received. Mr. van Til said the Lee Lawrence of Government Services Administration and Mike Russell, The Colony Building Official are present to answer any questions. Mayor Pro-tem Harris asked what the significant changes are and Mr. van Til said there are only 5 zoning districts currently in Eastvale and there are 22 in The Colony. He went on to say that because of the varied lot sizes in Eastvale the proposal is to establish P.D. 1; over 7000 sq. ft., and P.D. 2, under 7000 sq. ft. Mr. van Til said the General Retail on the new map is based on existing businesses and on what is anticipated. Councilman Weaver moved to close the public hearing and Councilman Spears seconded the motion which carried with all members voting Aye. Mayor Pro-tem Harris explained that items 6 & 7 are presented tonight for adoption not for review since the involved the budget and tax and those subjects have been discussed fully in previous council meetings. 6. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS ADOPTING THE MUNICIPAL BUDGET FY 1988/89 Mayor Pro-tem Harris read the caption of the Ordinance as follows: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS APPROVING AND ADOPTING A BUDGET FOR THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1988, THROUGH SEPTEMBER 30, 1989; 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 ACCORDANCE WITH SAID BUDGET; AND DECLARING AN EFFECTIVE DATE. Councilman Robinson moved to approve the Ordinance, and Councilman Spears seconded the motion. Councilman Weaver asked why Council had to vote on the previously addressed item regarding the transfer in the Tax Department, since it was already allowed in the budget. Mr. Hall explained that any transfers which occur during the fiscal year are approved automatically by the adoption of the budget, but that this is at the end of the fiscal year and it does take Council action. Mr. Hall went on to say that it is his philosophy as well as that of Mr. England, to bring such transfers to the Council for approval. Councilman Marks mentioned that there had been some discussion regarding typewriters vs computers and noted there was nothing in the Capital Expenditures for that. Mr. Hall said that several departments had asked for computers and that all have been addressed, noting that requests for typewriters have been eliminated. Councilman Marks also stated that it was his understanding that the Telecom equipment on loan from the State 003083 would be sufficient and that we would not be buying our own. Mr. Hall said that equipment will be taken away soon and that the need for this item will be evaluated before it is purchased. The motion then carried with a unanimous roll call vote. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS LEVYING THE AD VALOREM TAX RATE FOR THE YEAR 1988 Mayor Pro-tem Harris read the caption of the ordinance in its entirety as follows: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE YEAR 1988 AT A RATE OF $.74 PER ONE HUNDRED DOLLARS ($100.001 ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY AS OF JANUARY 1, 1988; TO PROVIDE REVENUES FOR THE PAYMENT 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 Spears moved to approve the Ordinance as written and Council Glazener seconded the motion. Mr. Hall noted the tax rate last year was $.75 and this year it has decreased one cent to $.74, thanking the staff and Council for their efforts. Mayor Pro-tem Harris stated that he and Mayor Amick recognized the time and effort put in by the staff and that they appreciate the hard work. Councilman Marks said that this is his first budget to work on and it had been a good experience. Councilman Weaver stated that he ran on the basis of a tax reduction and that he appreciated the lower tax rate. The motion then carried with a unanimous roll call vote. 8. CONSIDERATION OF A RESOLUTION OBJECTING TO THE SCHEDULING FOR THE IMPROVEMENT OF STATE HIGHWAY 121 FROM DENTON ROAD TO FM 423 Mayor Pro-tem Harris read the caption of the Resolution as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS OBJECTING THE SCHEDULING FOR THE IMPROVEMENT OF STATE HIGHWAY 121 FROM DENTON ROAD TO FM 423 Mr. Hall explained that at the last meeting regarding these improvements, the Highway Department indicated that they had moved the schedule to 1990 instead of back into 1989 as they had previously stated they would do. He noted that several other cities had requested a copy of our Resolution and were going to pass similar Resolutions in their city. Councilman Spears moved to approve the Resolution as written and Council Robinson seconded the motion. Councilman Weaver asked about a letter he had seen in which there seemed to be some questions about IBM donating right of way for this project. Mr. Hall said IBM will donate 17 acres of prime commercial property for right of way but they want 1 acre in return (the barrow pit) from the Highway Department. Mr. Hall said he is sure that will be worked out to everyone's satisfaction, going on to say that Mark Ball with the Highway Department had requested all pertinent documents to give to Mr. Dedman to urge the Highway Department to accept the IBM proposal. Mr. Hall went on to say that the hold up is in the planning section, not due to Right of Way problems. Mr. Don Chavez asked for the address of Mr. Dedman. The motion then carried with a unanimous roll call vote. 9. CONSIDERATION OF A PROPOSAL FROM PARK AND RECREATION BOARD FOR THE DEVELOPMENT OF PARKS AND ATHLETIC FACILITIES Mayor Pro-tem said he had spoken with Mayor Amick and some 00308 members of Council and if no one objected they would like to address this item at a joint work session with the Park and Recreation Board as soon as possible. There was no objection. 10. CONSIDERATION OF AN ORDINANCE PROVIDING A PUBLIC HEARING TO CONSIDER LAND USE ASSUMPTIONS Mayor Pro-tem Harris'read the caption of the Ordinance as follows: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS PROVIDING FOR A PUBLIC HEARING TO CONSIDER LAND USE ASSUMPTIONS; PROVIDING A TIME AND PLACE FOR SAID PUBLIC HEARING, TO-WIT: ON THE 7TH DAY OF NOVEMBER, 1988, AT 7:30 O'CLOCK P.M. AT THE COLONY CITY HALL; PROVIDING FOR NOTICE; AND DECLARING AN EFFECTIVE DATE Councilman Glazener moved to approve the Ordinance and Councilman Spears seconded the motion. Mr. Hall explained that about a year ago Senate Bill 336 was passed which required that impact fees imposed by cities must be established through a series of public hearings and a capital improvements plan, going on to say that this ordinance is one step in that process. The motion then carried with a unanimous roll call vote. 11. CONSIDERATION OF A RESOLUTION ESTABLISHING A CAPITAL IMPROVEMENTS ADVISORY COMMITTEE Mr. Hall again stated that Senate Bill 336 requires cities to establish a Capital Improvements Advisory Committee and that staff recommends appointing the members of the P & Z to serve in that capacity, since they are so heavily involved in the Master Plan and Thoroughfare Plan. Mr. Hall did say that at least one member of the committee must be from the real estate field and that staff recommends appointing Ms. Vivian Bedell Bennett to that ad hoc position. Councilman Marks asked if it would matter that one member of P & Z is taking a leave of absence. Mr. Hall said a quorum is not necessary for this committee to meet. Mayor Pro-tem Harris read the caption of the Resolution as fol lows: A RESOLUTION OF THE CITY OF THE COLONY, TEXAS ESTABLISHING A CAPITAL IMPROVEMENTS ADVISORY COMMITTEE UNDER THE PROVISIONS OF SENATE BILL 336 Councilman Weaver moved to appoint the Planning and Zoning Commission members and Ms. Vivian Bedell Bennett as the Capital Improvements Advisory Committee. Councilman Spears seconded the motion which carried with a unanimous roll call vote. EMERGENCY AGENDA ITEM 1. CONSIDERATION OF APPROVAL OF AN ELECTRONIC SCOREBOARD FOR THE COLONY LITTLE LEAGUE FOOTBALL ASSOCIATION Mayor Pro-tem Harris said he had been told by the Little League Football Association that they had been given an electronic scoreboard and would like the city's permission to hang it, noting they will hang it in an out of the way location. Councilman Marks asked if the City will pay for the wiring. Mr. Hall said the staff electrician will handle the work. Councilman Marks reminded Council that Little League Baseball had asked for a scoreboard for years and had not received one. Mayor Pro-tem Harris reminded Councilman Marks of all the work which has been done to improve the playing fields for Little League Baseball. Councilman Robinson moved to approve the request and Councilman Spears seconded the motion which carried with a unanimous roll call vote. 00308b 12. CITY MANAGER'S REPORT Mr. Hall recognized the efforts of the Public Works Street Crew for their efforts in obtaining scrap asphalt from the City of Carrollton,at no cost to The Colony, and using it to improve Elm St. in the Eastvale subdivision. He said he was very proud of their efforts. Tommy Turner said they had already started on other streets in the area. Councilman Weaver also noted that the city has applied for a $250,000 grant for sewer improvements in much of Eastvale. With no further business to address, Councilman Robinson moved to adjourn and Councilman Spears seconded the motion which carried with all members voting Aye. APPROVED: Don ~mick, Mayor ATTEST: · ' City Secretary oo3o8e ATTACHMENT "A" TO: William M. Hall, City Manager FROM: James R. England, Director of Finance SUBJECT: Budget Amendment for Tax Department DATE: September 1, 1988 As you are aware, the Expenditure Appropriation for the Tax Department in the 1987-88 Annual Budget'is divided equally between the General Fund and the Utility Fund. Because of revenue shortfalls, especially in the Municil~al. Court and the Aquatic Park, I would like to recommend that we amen~l the 1987-88 Annual Budget to remove the Tax Department Expenditure Appropriation from the General Fund and include it in the Utility Fund. The Tax Department Expend- iture Appropriation is $57,968.00 for the General Fund. The Utility Fund Expenditure Appropriation would be $115,935.00 instead of $57,967.00 if the total Tax Department Expenditure Appropriation for the 1987-88 Annual Budget ia included totally in the Utility Fund. Incidentally, the Tax Department Total ]~xpenditure Appropriation for the 1987-88 Annual Budget is included totally in the Utility Fund. Please insert this important Budget Amendment for the Tax Department on the Consent Agenda for the regularly scheduled City Council Meeting on Monday, September 12, 1988, for City Council review and approval to amend the 1987-88 (~eneral Fund and Utility Fund Annual Budgets. tad ¢c: Patti Hicks, City Secretary Kathryn Smith, Tax Assessor-Collector 1987-88 Audit File