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HomeMy WebLinkAbout10/02/1989 City Council ,3`ea MINUTES OF THE CITY COUNCIL MEETING HELD ON OCTOBER 2, 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 2nd day of October, 1989 at City Hall with the following Council roll call : Don Amick, Mayor Present Rick Harris, Mayor Pro-tem Present Steve Withers, Councilman Present Mike Alianell , Councilman Absent 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 Amick led the Council and audience in the pledge of allegiance to the flag of the United States of America. 2. CITIZEN INPUT Mike Lynch, 4921 Roberts, stated he would like clarification on Bill Hall ' s statement in the paper regarding police cars leaving the city, if that includes fire department vehicles , what is the cost for liability and what do we do about IRS reimbursement. Mayor Amick said he is the one who made the statement, noting that he intended to say on-call not on duty and that what he said was his opinion, not necessarily the Chief ' s policy. Bill Hall said he could get with Mr . Lynch later concerning the liability and other questions. Mr. Lynch also asked if , now that N. Colony is 4 lanes, marked, are we (the city) going to establish No Parking. Mayor Amick said we had not yet, but that it could be done. Mr. Hall said that does need to be addressed. Jeanne M. Corley, 5556 Vaden St. , asked for Council feed back on the roll back on November 7 county ballot. Mayor Amick said that the procedure regarding passing the tax was perhaps wrong, but as Mayor, he is concerned what the roll back will be to the city and the county in the terms of services. Mayor Amick said he will vote against the roll back. Councilman Weaver said the county has been financially irresponsible and have spent money they should not have spent, such as lawyers fees fighting the roll back petition. Councilman Harris said he is opposed to the roll back, stating it would be a step back for county and the city, agreeing that there had been some irresponsible spending, but going on to say that the County is not alone in that error. Councilman Withers said he has no opinion as yet, but agreed that the petition was handled poorly. Councilman Glazener said he is not in favor of the roll back in Denton County, but he is not sure about the School district, noting that each school is meeting federal mandates and stating he wished the tax opponents would get on to the federal tax. Councilman Marks said he thinks it is important that we will all get to vote. Ms. Corley said that Bill Burka, the head of the roll back movement has filed bankruptcy twice and his home is in foreclosure. Mayor Amick stated that he is also not in favor of a roll back for L. I .S.D. Dan Corley, 5556 Vaden, agreed with everything Jeanne said, and stated that they are concerned and would like .to help organize opposition to the roll back. Mr. Corley, said his home is worth about $70,000.00 and he thinks $100.00 a year is not too much to pay for excellent schools. Roger Swiger , 5837 Turner , said he is a truck driver , owner/operator and that he does not disagree with the ordinance passed recently by the Council prohibiting truck parking in the shopping center parking lots. Mr. Swiger said he spoke to the P03 6 Walton (Wal-Mart) family and they said they didn' t push for this ordinance, and went on to say that he does not feel safe leaving his truck in the area in which parking is allowed, citing there is no lighting and his is a $120 ,000 . 00 truck . Mr . Swiger suggested the city designate an area for parking, such as near the Animal Shelter and charge a small fee. He went on to say that he can' t leave his truck at the terminal because it is in St. Paul , Mn . and noted the closed parking is in McKinney and thanked the Council for their consideration. Calvin Reed, 5052 Avery said he is disappointed there is no place to park his truck in The Colony or within a reasonable distance. Pierre Bouche , 6026 McAfee asked why drivers can' t park their tractors (without the trailer) at their home, noting they are not home that often and they need a place where they can park and be able to clean the inside of the truck. 3. PRESENTATION OF AWARDS TO SUMMER READING CLUB TOP READERS Mayor Amick read the list of winners and Jan Sapp presented them with awards. GROUP TOP READERS # BOOKS READ AWARDS Read-to-Me Sarah Gray (4yrs . ) 204 The winners in K-1st Jacqueline Carey (1st) 188 these 5 groups 2nd-3rd Brandi Lea (2nd) 212 all receive a 4th-5th James Shields (4th) 344 cap, t-shirt, 6th and up Jamie McLaughlin (6th) 211 and pizza READER OF THE MOST BOOKS: Guy Shields and 2nd grader read 503 books and receives all the above awards plus a book bag. 4. MAYORAL PROCLAMATION DECLARING OCTOBER 15 - 21 , 1989 AS NATIONAL BUSINESS WOMEN' S WEEK Mayor Amick read the proclamation as follows : WHEREAS , the City Council strives always to be supportive of civic and professional groups and organizations in The Colony; and WHEREAS, this year marks the Charter year for a new chapter of Business and Professional Women in The Colony, known as the Trendsetters; and WHEREAS , this year marks the 61st anniversary of national Business Women ' s Week; and WHEREAS, National Business Women' s Week has become an event widely recognized by public and private institutions and local communities; and WHEREAS , the President of the United States has declared the third full week in October to be "National Business Women ' s Week: NOW, THEREFORE, I, Don Amick, Mayor of the City of The Colony, Texas hereby proclaim October 15 - 21, 1989 to be NATIONAL BUSINESS WOMEN'S WEEK in The Colony and encourage all citizens to support our local business women; and I furthermore , hereby congratulate the Trendsetters Chapter of the Business and Professional Women, U.S.A. on their Charter and wish them continued success. SIGNED AND SEALED this 1st day of October , 1989 . € 1)3 Vivian Bedell accepted the proclamation and told the Council that The Colony organization is new but that they have joined the Denton groups and will be naming a woman of the year on October 17 , 1989 . Ms . Bedell said the funds will go to remodel an historical building. Ms. Bedell said this is an international organization with chapters in 120 countries and with 120,000 members in the United States, going on to say they have worked for equal pay for equal work, child care problems and that the first thing this group worked for was the women' s vote. 6. REVIEW AND CONSIDERATION OF AN ORDINANCE DIS-ANNEXING THE HEREAFTER DESCRIBED TRACT OF LAND FROM THE CITY OF THE COLONY A TRACT OF LAND GENERALLY LOCATED WEST OF THE CORPORATE LIMITS OF THE CITY AND NORTH OF STEWARTS CREEK PARK, KNOWN AS THE BEACH AND TENNIS CLUB Bill Hall explained this area was annexed in July 1986 , noting it is located just west of Ethridge drive. Mr. Hall said this was only summer and week-end homes and it was annexed because at that time the City thought the 205 acre tract was to be developed very soon. Mr. Hall went on to say that development has not happened, which has left the area isolated with no sewer and with their own water system and black top roads. Mr. Hall said only a few residents stay all year and that the city has not moved toward providing utility services due to the excessive cost. Mr . Hall stated the residents are not comfortable with remaining annexed into The Colony without receiving extra services, going on to say they had previously enjoyed a locked security gate, but after annexation, they had to open the gate. Mr. Hall said it is the consensus of the residents to dis-annex from The Colony and they will use private funding to get water. Mr . Hall went on to say this is an area of approximate 8 .56 acres , with an assessed value at $1 , 026 ,000.00 with approximately $7590 . 00 in taxes paid annually. Mr. Hall said that at that rate , it would take about 12 years to amortize the cost of providing utility services. Mayor Amick said this is the first time to address this ordinance and unless the Council feels it is an emergency it will not be acted on until October 16 , 1989 . Councilman Weaver asked if this had gone to P & Z and Mr . Hall said no, that is not necessary. Mayor Amick asked what services we have to provide. Mr. Hall said law requires utility services within 4 1/2 years from date of annexation. Councilman Harris asked if the area around the Beach & Tennis Club could be annexed into another city and Mr. Hall said it could not. Councilman Withers asked if the residents had talked about contracting for police and fire services and Mr. Hall said The Colony has always responded anyway through the County contract . Mayor Amick directed the City Secretary to place the ordinance on the October 16, 1989 agenda for action. 5. CONSENT AGENDA Mayor Amick summarized the items on the Consent Agenda for Council and the audience. A. CONSIDERATION OF APPROVAL OF MINUTES OF THE COUNCIL MEETINGS HELD SEPTEMBER 11, 16, 18 , 19 AND 25, 1989 Councilman Marks asked that the 11th minutes be corrected before approved , stating that he made a statement regarding accidents in public parking lots and it is not included in the minutes. Mayor Amick directed the City Secretary to review the tape, and amend the minutes as necessary and to bring them back for approval on October 16 , 1989 . Councilman Withers moved to approve the minutes of the September 16, 18 , 19 and 25 minutes as written and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO ENTER INTO TWO CONTRACTS WITH METROCREST MEDICAL SERVICES FOR THE U (f3360 PROVISION OF MEDICAL CONTROL AND CONTINUING EDUCATION TO EMS PERSONNEL Mr. Hall explained these are renewals of contracts approved by the Council last year. Councilman Withers moved to approve the contracts and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF APPROVAL OF BUDGETED CASH TRANSFERS AS FOLLOWS: $140 ,000.00 FROM FOX AND JACOBS CONTINGENCY FUND TO GENERAL FUND DEBT SERVICE FUND , $785 , 000.00 FROM THE UTILITY CONSTRUCTION ESCROW AND CONSTRUCTION FUNDS TO THE UTILITY DEBT SERVICE FUND AND $300 ,000 .00 FROM THE UTILITY OPERATING FUND TO THE GENERAL FUND OPERATING FUND Mr. Hall explained this was discussed in the budget process per recommendations from finance and staff as follows: 1 . Approximately $140 ,000 . 00 from Fox & Jacobs Contingency Fund to the General Fund DEbt Service Fund. 2 . Approximately $ 785 , 000 . 00 from the 1982 Utility Construction Escrow and Construction Funds to the Utility Debt Service Fund 3 . Approximately $300 ,000 .00 from the Utility Operating Fund to the General Fund Operating Fund. (Half of the $600 ,000 .00 budgeted cash transfer for the 1989/90 budget year. ) Mr . Hall said this money will off-set those services provided to the Utility Fund by the General Fund and referred to his memorandum prepared at the request of Councilman Weaver which gives a complete break down of the funds. (See attachment "A") Councilman Weaver asked how much we can transfer from the Utility Fund to the General Fund . Mr. Hall said he didn ' t know if there is a specific amount. Councilman Weaver asked if we will be held accountable for how much money we transfer and Mr. Hall said yes , there is an annual audit and the auditors have found no problem with this practice, stating if we reach 18-20%, then there might be a problem. Councilman Weaver said there has been some discussion regarding raising the water and sewer taxes - fees to overcome the lack of money next year and if we do , how much can we transfer from the Utility Fund to the General Fund . Mr. Hall said we cannot transfer from one account to another account. Mr. Hall again referred to his memorandum, stating again this is for services received from various departments within the General Fund. Councilman Weaver said he is not interested in a detailed breakdown , only if the transfer of $600,000.00 can be grossly covered by saying that various departments will give that much in service to the Utility Fund. Mayor Amick said we are to consider this transfer of funds to provide a balanced budget and asked the Councilman if his question is, "Is that legal?" , and the answer is, "Yes it is. " Councilman Weaver asked if next year we can transfer more money than services provided and Mayor Amick said no. Councilman Harris asked if we could only transfer $300 , 000 . 00 even if $600,00.00 in services were provided and Mr. Hall said yes , it is not recommended. At this time , Councilman Harris moved to approve the transfer of funds as presented and Councilman Glazener seconded the motion which carried with the following vote: Harris-Aye , Withers-Aye , Glazener-Aye , Weaver - (with reservations on legal aspects) Aye, Marks- Aye, Amick-Aye 8. CITY MANAGER' S REPORT 1 . Denton County Day is October 6 , and Mr . Hall urged attendance to promote development of the city. 2 . Sister City Program - 1st Cavalry Dixie Land Band . was at Sail Fair and has said they would like to adopt The Colony High School Band and take the kids to Ft. Hood to perform and that they (Dixie Land Band) will come back to The Colony to perform. 3 . Denton County Mayors and City Managers Assoc. met last week regarding the impact the tax roll back might have of fire 0 0336 , and police services in the county. The Fire Fighters Association drafted and resolution and met with the Mayors and City Managers Association to discuss the various services and which ones might be cut. The resolution was presented to Commissioners Court and to the Mayors and Mangers Association . Judge Burgess spoke regarding the roll back, the resolution and the impact the roll back will have, particularly on smaller departments, who depend on volunteer service. 4. This morning at 10 : 30 a.m. Bob van Til took the orals for his Masters Degree in Urban Affairs at U.T.A. and will receive his diploma in December, 1989 . 5. Councilman Weaver reported on 9-1-1 stating they will be going with architecture from Southwestern Bell and equipment from Bell Telephone, stating the contract will be let in a couple of months and the service will be installed in 9 months . The Councilman said it should take about 8 years to pay for the equipment if we stay with the 3% fee ($ .27) on our phone bill . Councilman Harris asked if the rate will go up when we receive EAS. Councilman Weaver said no the 3% is on the base rate, not the EAS additive. 6. Mayor Amick reminded all of the fall clean up on October 14 , and stated there will be two pick ups; Blair Oaks and S. Colony and 331 Lake Highlands (Fire Sta. 3) . Councilman Marks asked if there is a dumpster behind Fire Station No. 2 for the use of citizens and Mr. Hall said no, it is for Public Works use only. At this time , 8 : 45 p. m. , the Council went into Closed Door Session. 9 . CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17 , V.A.C.S. SECTION 2G REGARDING PERSONNEL, TO-WIT: A. 1989/90 BUDGET PERSONNEL PROPOSALS 9: 10 p.m. The Council reconvened in open session and addressed the following items: 10 . CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE CLOSED DOOR SESSION Mayor Amick stated that the Council needs to address the insurance subsidy for dependent coverage, which will impact the budget from $26 ,000 to a maximum of $40 ,000 to pay 30% of the employees ' premiums. Councilman Marks asked if that money was in the original budget and Mr. Hall said yes it was in the original but not version 4 which the council approved and that motion to ratify the budget with this addition would be appropriate. Councilman Marks asked what impact the increases for department heads has on the budget and Mr . Hall said approximately $9000.00 . Councilman Harris moved to approve the 30% subsidy for dependent coverage, to ratify the adopted budget and to take the money from the contingency account for that subsidy. Councilman Glazener seconded the motion. Councilman Weaver said the contingency is a variable, but in other years that has not been true, stating before we had put so much in contingency and set the tax rate this year before we adopted the budget. Councilman Harris said the past 3 years we have asked that the tax rate stay the same and our budget was prepared with that revenue in mind. Mayor Amick said the only difference is that we passed the ordinance setting the tax rate and we did not act on the budget at the same time. At this time, the motion carried with a unanimous roll call vote. 7. CONSIDERATION OF APPROVAL OF EMPLOYMENT CONTRACTS Mayor Amick said that he and Councilman Harris had recommended offering a contract Mike Russell and Bob van Til and to increase the severance pay for the City Manager from 3 months to 6 months . Councilman Harris moved to approve the employment contracts for the following persons: 00336o Bill Hall , City Manager Patti Hicks, City Secretary Mike Russell , Operations Manager James England, Director of Finance Nick Ristagno, Chief of Police Van Morrison, Fire Chief Tommy Turner, Director of Public Works Bob van Til , Administrative Staff Planner Councilman Glazener seconded the motion which carried with a unanimous roll call vote. With no further business to address, Councilman Harris moved to adjourn, Councilman Marks seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 9 :20 p.m. APPROVED: L/- Don-Amick, 7//:0" Maor ATTEST: Patti A. Hicks, City Secretary [SEAL]