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HomeMy WebLinkAbout05/15/1989 City Council 00324 HELD ON MAY 15, 1989 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 15th day of May, 1989 at City Hall with the following Council roll call: Don Amick, Mayor Absent Rick Harris, Mayor Pro-rem Present Johnny Spears, Councilman Present Noretta Sipe, Councilman Absent Steve Glazener, Councilman Present Dick Weaver, Councilman Present Joel Marks, Councilman Present and with five present, a quorum was established and the .following items were addressed: 1. PLEDGE OF ALLEGIANCE Mayor Pro-rem Harris led the Council and the audience in the Pledge of Allegiance to the flag of the United States of America. 2. CITIZEN INPUT Bob Powell, Denton County Tax Payers Association, addressed the Council, reading a prepared statement and asking for the Council to consider withdrawing support of the proposed legislation creating the Upper Trinity Municipal Water District. (See attachment "A") Nannette Ricco, 4708 Chownin$ Cir., stated she had receiVed notification that the city plans to re-zone her street to residential from commercial. Ms. Ricco said she had no idea the street was commercial when she purchased her home, but it has been so for 10 years and now that Braum's is trying to go in right next door, it seems the City is using it's zoning power to. benefit them. Mayor Pro-rem Harris stated that the re-zoning is being reconsidered, and that it was his understanding some of the residents knew of the commercial zoning at the time of purchase. Felicia Hervey, 4715 Chownin$ Cir., stated the City Council is made by the people and it should be for the people, noting the residents did not know about the commercial zoning when they purchased their homes. Ms. Hervey said they (residents) have heard many untruths from the City Council, going on to say that Braums, the City Council and the citizens need to get together and get some straight answers. She said somebody has to listen. Leslie Shaw, 4713 Chownin$ Cir., asked who had the right to put her property up for re-zoning without telling her. Ken Hervey, 4715 Chownin9 Cir., said that his wife speaks for him. Mr. Shaw, 4713 Chownin~ Cir., concurred with all previous speakers, stating he thought the residents had been given 4 choices and were under the impression their property would stay General Retail. 3. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETING HELD ON MAY 8, 1989 Council Spears moved to approve the minutes as read and Council Marks seconded the motion which carried with all members voting aye. 4. CONSIDERATION OF A RECOMMENDATION TO CLOSE THE COLONY AQUATIC PARK ON MONDAYS DURING THE SUMMER SEASON FOR MAINTENANCE Mayor Pro-rem Harris reminded everyone that this item had 0032 0 been brought back to Council with answers to questions regarding attendance and that he is satisfied that Monday is the best day to close. Councilman Weaver moved to approve the recommendation as presented and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. 5. CONSIDERATION OF APPROVAL OF A SITE PLAN AS PRESENTED BY BRAUM'S ICE CREAM, INC. FOR A STORE TO BE LOCATED AT THE INTERSECTION OF MAIN STREET AND CHOWNING CIRCLE Mayor Pro-tem Harris introduced Mr. Bill Tyler Vice President of Braum's who stated this is not a formal presentation, noting that Mickey Nowell and Don Williford are present to answer any questions the Council may have. Mayor Pro- tem Harris stated that a Work SEssion is planned for May 22, 1989 allowing everyone time to study the plan. Councilman Glazener moved to table this item to May 22, 1989 and Councilman Weaver seconded the motion which carried with a unanimous roll call vote. 6. CONSIDERATION OF AN AGREEMENT FOR DALLAS WATER LINE EASEMENT Bill Hall said this issue goes back to 1982 with the installation of the Dallas Water Line into The Colony. Mr. Hall said that there were about 9 easements to acquire for this cooperative effort between Carrollton, Dallas and The Colony and that all but one were acquired. Mr. Hall said the easement across property of H.R. Bum Bright had been in litigation since 1982, stating that a settlement of $48,500.00 had been reached but was not satisfactory to Mr. Bright, going on to say that money had been placed in escrow in Denton County until a settlement could be reached. Mr. Hall said the City of Dallas will maintain the maintenance on the line and that this easement needs to be released for them to have access. Hall stated that negotiations had been going on with Mr. Bright for two and one/half years and have finally reached an agreement of $100,000.00 payment to Mr. Bright. The Colony will release the easement and mr. Bright will then negotiate with Dallas for access to the water. Mr. Hall said the $48,500 has been drawing interest all this time and it will now be drawn out of escrow. Councilman Weaver asked if the interest of the escrow will be split with Mr. Bright and Mr. Hall said it would after all attorney's fees have been paid. Councilman Marks asked Robert Brown, City Attorney if he anticipated a problem with recovering the interest and what effect turning over the rights to the water would have on our own water supply. Mr. Brown said there is no clear cut statute, but basic principles of fairness dictate that the interest belongs to Mr. Bright and The Colony and that he feels we are on firm footing for the recovery of the interest. Mr. Brown said we may have to pay Denton County a nominal fee for handling the money. Mr. Hall addressed the second part of the question stating that it would have no effect. Councilman Weaver moved to approve the agreement and Councilman Marks seconded the motion which carried with a unanimous roll call vote. 7. PRESENTATION OF AN AGREEMENT WITH RESORT MANAGEMENT, INC. FOR A GOLF COURSE ON WYNNEWOOD PENINSULA Mayor Pro-tem Harris stated that the golf course agreement is finally back from Dick WAtson's attorneys and now goes to our attorneys before going to the Corps for their approval, going on to say the agreement may come back to Council for a resolution to accept it and that we are still looking for construction to begin in Fall 1989. 8. CITY MANAGER'S REPORT Mr. Hall briefed Council on the hearing before the Administrative Law Judge in Austin held this date regarding Extended Area Service for The Colony. Mr. Hall said that Carroll Howard, George Purefoy and himself attended the hearing at which Southwestern Bell, G.T.E., and our attorneys gave depositions, as well as the General Council for the PUC. Mr. Hall said the Judge had no comments and stated he would hand down his ruling by the end of this week. With no further business to address, Councilman Mar ...... wed to adjourn and Councilman Weaver seconded the motion which carried with all members voting Aye. APPROVED: Don Amt~'~ayo~ ..... ATTEST: Patti A. Hicks, City Secretary [SEAL] 0 0 3 25 ~ESTIMONY TO MOYOR AND CITY CONUNCIL OF THE COLONY MONDAY MAY 15th ~1989 ATTACHMENT "A" · MR. MAYOR AND MEMBERS OF THE COUNCIL, THANK YOU VERY MUCH FOR ALLOWING BE TO SPEAK TO YOU TODAY DENTON COUNTY REPRESENTATIVES BEN CAMPBELL, AND JIM HORN ALONG WITH STATE SENATOR BOB GLASGOW HAVE RECENTLY INTRODUCED IDENTICAL BILLS INTO THE LEGISLATURE TO CREATE THE "UPPER TRINITY REGIONAL WATER DISTRICT". PRECINCT # 3 COMMISSIONER LEE WALKER, IN CONJUNCTION WITH MOST OF THE DENTON COUNTY CITIES, WATER UTILITY COMPANIES, A DALLAS ENGINEERING COMPANY, AND A GROUP OF BOND LAWYERS, HAVE CONVINCED OUR LEGISLATORS THE THIS "REGIONAL MASTER PLAN" IS SO GOOD FOR DENTON COUNTY THAT IT WAS PROPER TO IGNORE THE VERY PEOPLE WHO WILL HAVE TO PAY FOR IT. THE BASICS OF THIS PLAN WAS BROUGHT BEFORE THE DENTON COUNTY TAXPAYERS ASSOCIATION FOR OUR INPUT, LAST YEAR, BY A REPRESENTATIVE OF THIS GROUP. WE HAD A RATHER LONG AND FRANK DISCUSSION ABOUT ITS POTENTIAL TO HELP OR HURT DENTON COUNTY. THE ONLY MAJOR FAULT WE FOUND IN THE PLAN THAT WAS BROUGHT BEFORE US THAT NIGHT WAS THE LACK OF DIRECT ACCOUNTABILITY TO THE CITIZENS OF DENTON COUNTY BY THE PROPOSED BOARD OF DIRECTORS OF THIS NEW DISTRICT. WE FELT THAT THE PROPOSED METHOD OF CHOOSING THE DIRECTORS WAS:VERY MUCH LIKE THAT OF THE INFAMOUS DENTON CENTRAL APPRAISAL DISTRICT, AND NO ONE TO OUR KNOWLEDGE, IS VERY SATISFIED WITH THAT ARRANGEMENT. WE.ASKED THAT SOME METHOD BE FOUND TO MAKE THE NEW DIRECTORS DIRECTLY ACCOUNTABLE TO THE CITIZENS OF DENTON COUNTY BECAUSE OBVIOUSLY IT WOULD BE THESE SAME CITIZENS THAT WOULD PAY ALL OF THE BILLS, AND ULTIMATELY, BE RESPONSIBLE FOR ALL OF THE DEBT CREATED BY THIS NEW DISTRICT. APPARENTLY, OUR FEARS OF ANOTHER CENTRAL APPRAISAL DISTRICT TYPE ARRANGEMENT WERE DISMISSED, BECAUSE THIS PROPOSED LEGISLATION NOT ONLY KEEPS THIS APPOINTIVE METHOD, BUT TIES IT TO ANOTHER ONE OF OUR MOST DREADED NIGHTMARES, A "DART BOARD" SIZE BODY. PAGE 2 OF 3 THE PREGNANT QUESTION THAT WAS NOT ASKED THAT EVENING, OR ANY OTHER TIME TO MY KNOWLEDGE, BECAUSE IT WAS BEYOND OUR WILDEST IMAGINATION, WAS "WILL THE PEOPLE OF DENTON COUNTY BE ALLOWED TO VOTE ON THE ESTABLISHMENT OF THIS BRAND NEW AND VERY'EXPENSIVE GOVERNMENT BUREAUCRACY"? IN OUR NAIVETE, WE ASSUMED THAT NO ONE PERSON, OR GROUP OF PERSONS, THIS SIDE OF MOSCOW WOULD CONSIDER SADDLING THE CITIZENS OF DENTON COUNTY WITH A TOTALLY NEW GOVERNMENT AGENCY WITHOUT PRIOR APPROVAL BY THE VOTERS. THIS NEW GOVERNMENT HAS THE POTENTIAL TO BE THE LARGEST SINGLE GOVERNMENT ENTITY WITHIN THE CONFINES OFDENTON COUNTY, WITH A DEBT POTENTIAL IN THE BILLIONS$ WE WERE WRONG, AND, APPARENTLY, WE WERE NAIVE, TO THE POINT OF BEING CHILDLIKE, IN OUR FAITH IN OUR FELLOW DENTON COUNTY CITIZENS. NOT ONLY WERE THESE TWO (2) VITAL SAFE GUARDS AGAINST GOVERNMENT TYRANNY IGNORED, BUT THE OBVIOUS ADDITION OF "SUBDISTRICTS" WITH THE POWER "TO LEVY AND COLLECT AD VALOREM TAXES" WAS ADDED TO THE PROPOSED LEGISLATION WITHOUT OUR KNOWLEDGE, AS THIS POINT WAS NOT BROUGHT UP DURING THE EXPLANATION OF THE PROPOSED DISTRICT IN WHICH THE REPRESENTATIVES WENT OUT OF THEIR WAY TO SAY THAT THIS NEW DISTRICT WOULD BE PAID FOR OUT OF "REVENUE ONLY" AND WOULD "NEVER" LEVY TAXES. A CAREFUL READING OF THE THIRTY (30) PAGES OF THIS P~OPOSED LEGISLATION BRINGS UP THE FOLLOWING LAUNDRY LIST OF ADDITIONAL ITEMS OBJECTIONABLE TO THE DENTON COUNTY TAXPAYERS ASSOCIATION: (1) THE TAX RATE IN THE SUBDISTRICTS IS UNLIMITED! (2) THE AMOUNT OF PUBLIC DEBT IS ALSO UNLIMITED! (3} NO FIDELITY BOND IS REQUIRED FOR DISTRICT OR SUBDISTRICT EMPLOYEES! (4) NO STANDARDIZED ACCOUNTING PROCEDURES ARE REQUIRED OF THE DISTRICT AND SUBDISTRICTS. THEY COULD, AND PROBABLY WOULD ALL USE DIFFERENT SYSTEMS AND THEN NO ONE, THIS SIDE OF HEAVEN WOULD BE ABLE TO DETERMINE THE TRUE TOTAL COST OF THIS DISTRICT AND IT SUBDISTRICTS. (5) NO PROVISIONS FOR COMPLIANCE WITH THE OPEN RECORDS AND OPEN MEETINGS LAWS. (6) NO PROVISIONS FOR PAYMENT OF COURT COSTS AND ATTORNEYS FEES WHERE A CITIZEN CHALLENGES THE DISTRICT AND WINS. PAGE 3 OF 3 (7) NO MENTION OF WHO GUARANTEES THE DEBT, THE STATE OF TEXAS, THE COUNTY OF DENTON, OR THE CITIZENS OF DENTON COUNTY? NE KNOW FROM THE RECENT EXPERIENCE IN THE STATE OF WASHINGTON, THE BONDING COMPANIES ARE NO LONGER LENDING LARGE SUMS ON THE BASIS OF PROPOSED REVENUE ALONE, THEY NON WANT TO TIE ALL LARGE INDEBTEDNESS TO TAXING POWER ALSO. THIS IS NO DOUBT THE REAL REASON THE SUBDISTRICTS WITH TAXING AUTHORITY WERE ADDED AT THE LAST MINUTE. (9) NO REQUIREMENT FOR A PUBLIC HEARING OR REASONABLENESS AND VALIDITY OF RULES IS REQUIRED. (10) NO RIGHT TO ROLL BACK ON THE SUBDISTRICTS. (11) AND LAST BUT NOT LEAST, THIS BILL AS PRESENTLY WRITTEN FLIES DIRECTLY iN THE FACE OF THE LETTER AND SPIRIT OF ARTICLE I OF THE BILL OF RIGHTS OF THE TEXAS CONSTITUTION THAT GUARANTEES LOCAL CONTROL. FINALLY LET ME POINT OUT THAT RIGHT NOW AS I SPEAK THERE IS A MUD IN CORINTH WITH A TAX RATE OF $.83 PER HUNDRED DOLLARS EVALUATION AND A FLOOD CONTROL DISTRICT IN COPPELL WITH A TAX RATE OF $9.30 PER HUNDRED DOLLARS EVALUATION. BOTH OF THESE CASES OF OUTRAGEOUS TAXATION CAME ABOUT BECAUSE A NEW DISTRICT WAS CREATED WITHOUT ANY CONTROLS OR LIMITS OF THE KIND I HAVE JUST ENUMERATED. TAKING ALL OF THIS INTO CONSIDERATION, I HEREBY FORMALLY ASK YOU TO RECONSIDER YOUR SUPPORT OF THIS LEGISLATION, AND ASK OUR REPRESENTATIVES TO REDIRECT THEIR EFFORTS TO WRITE A BILL THAT WILL ENABLE DENTON COUNTY TO SET UP A WATER DISTRICT, BUT NOT THRUST UPON THEM A TOTALLY UNMANAGEABLE MONSTER IN WHICH THE VERY PEOPLE, WHO PAY ALL OF THE BILLS, WILL HAVE NO CONTROL THANK YOU ONCE AGAIN FOR YOU TIME AND PATIENCE R. L."BOB" POWELL PRESIDENT THE DENTON COUNTY TAXPAYERS ASSOCIATION