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