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HomeMy WebLinkAbout10/23/1989 City Council 003384 MINUTES OF THE CITY COUNCIL MEETING HELD ON OCTOBER 23, 1989 The Special Session of the City Council of the City of The Colony, Texas was called to order at 7: 00 p.m. on the 23rd 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 (Arrived 7:30) Mike Alianell, 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 Amick led the Council and the audience in the Pledge of Allegiance to the flag of the United States of America. 2. CONSIDERATION OF A RESOLUTION SUPPORTING PROPOSITION 8 TO THE TEXAS CONSTITUTION , PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR ACQUIRING, CONSTRUCTING, OR EQUIPPING CORRECTIONS INSTITUTIONS , YOUTH CORRECTIONS INSTITUTIONS , STATEWIDE LAW ENFORCEMENT FACILITIES AND MENTAL HEALTH AND MENTAL RETARDATION INSTITUTIONS Mayor Amick read the caption of the resolution as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS SUPPORTING PROPOSITION NO . 8 OF THE TEXAS CONSTITUTION TO BE ON THE BALLOT IN THE NOVEMBER 7, 1989 GENERAL ELECTION Councilman Weaver said he did not like the idea of General Obligation Bonds because the people don' t get to vote on them. Councilman Alianell moved to approve the resolution and Councilman Glazener seconded the motion which carried with the following vote: Harris - Aye; Withers - Aye; Alianell - Aye; Glazener - Aye; Weaver - No; Marks - Aye; Amick - Aye. 3. CONSIDERATION OF A RESOLUTION SUPPORTING LEGISLATION COMPELLING THE STATE TO REIMBURSE LOCAL UNITS OF GOVERNMENT FOR ALL COSTS INCURRED IN IMPLEMENTING STATE-IMPOSED MANDATES Mayor Amick read the caption as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS , COMPELLING THE STATE OF TEXAS TO REIMBURSE LOCAL UNITS OF GOVERNMENT FOR COSTS INCURRED IN IMPLEMENTING STATE-IMPOSED MANDATES Councilman Marks moved to approve the resolution and Councilman Harris seconded the motion which carried with a unanimous roll call vote. WORK SESSION: 5 . RECEIVE PRESENTATION FROM DAVID DENNISON, REPRESENTING TOMLIN PROPERTIES David Dennison representing Tomlin Properties addressed the Council regarding property within the City of Frisco which the company would like to develop, noting that the company needs an access from their property to FM 423 and would like to build an 003381 access road through the City of The Colony. Mr. Dennison stated the road would be located just south of the vacant convenience store and north of the burned out night club, stating that the Corps of Engineers has indicated they will approve crossing government property. He went on to say the company would place the right-of-way anywhere the city would like it to be and that unused property could be dedicated to the City for it' s (city) own use. Mr. Dennison said there is one piece of property the company is unable to buy, but if the City sees enough benefit to exercise the right of eminent domain, at Tomlin ' s expense, that problem could be solved. Bill Hall advised the Council that he had met with Mr. Dennison and stated the road would allow more area to expand our wastewater treatment plant and that the amount of fill we have in that location currently is too high, noting it should be 4 - 6 feet and it is 20 feet now. Mr. Hall said the road would remove the fill and allow the city access. Mr. Dennison said the cost of the drainage work in relation to the total project is nominal and that Tomlin will bear all those costs . Mr. Dennison said he had spoken with Dr. Clayton Downing regarding access to B.B. Owens Elementary School from the development also and told the Council he needs direction from them, whether to go forth with plans to build the road in The Colony or further north on FM 423 . Mayor Amick said the main concern would be traffic volume. Mr. Dennison said the major thoroughfare will e built along the county road near Phillips Ranch and into Lebanon Rd. on to Preston Rd. Mayor Amick said we would need a traffic count and asked if Tomlin would put in a traffic signal on 423 if it is deemed necessary. After a brief discussion, Mr. Dennison said he could not commit to the total cost of a light, however, he felt sure the company would participate in the installation if necessary. Mr. Hall agreed the traffic could be a detriment, but noted that if the road is built north of our city, the traffic impact will be the same and if the road is built in our city, we will have two new commercial pad sites; a potential for revenue, and improved land north of the wastewater treatment plant. Councilman Harris said he could see no real benefit to The Colony and if we help in this , it will speed up the need to expand 423 to a 6 lane road, the costs for which, The Colony will have to bear. Councilman Marks asked about the capacity of our wastewaterlant and if Frisco can serve this development. Mr. P P Dennison said they hope Frisco will be able to within two years. Mayor Amick said we would need more information on the traffic flow, the number of homes, where the homes are to be built, how the project will appear in relation to our city and asked Bill Hall to see that small maps are provided to Council for easy viewing. Councilman Weaver asked if this road would create another access to the northeast portion of our city, but Mr. Dennison said it would not. Councilman Alianell asked about the size of homes and Mr. Dennison said his company is not the builder but he is sure the zoning is similar to The Colony with a minimum of 1200 square foot homes on 6000 square foot lots. 6 . RECEIVE PRESENTATION FROM CENTEX REAL ESTATE CORPORATION REGARDING DEVELOPMENT Mr. Steve Bilheimer, President of Centex Development Company addressed the Council regarding the south planning unit, an area of about 700 acres along 121 , zoned Business Park and General Retail in 1985 . Mr. Bilheimer reminded the Council that one of the terms of the zoning was for Fox and Jacobs to install a road from Paige to 121 by July 1990. Mr. Bilheimer said there have been several persons interested in buying the property, but they have been unable to sell it , mainly due to problems with financing. Mr. Bilheimer went on to say that there is little value in putting in a road on property until you know the use and asked to extend the bond set in the ordinance for two years . Councilman Harris said there were other reasons for wanting the road put in, stating that due to the economy in the last few years selling the property had been impossible, and recommended 003384 approval of the extension of the bond. Mayor Amick agreed, but said he would like to review in more detail before acting on the request. 7. RECEIVE PRESENTATION FROM BOYD LONDON, REPRESENTING FIRST SOUTHWEST COMPANY REGARDING THE BOND REFINANCING PROGRAM Mr . Boyd London representing First Southwest Company said they are ready to proceed with restructuring of the city ' s outstanding debt. Mr. London said the 1989 debt service was at $3 ,000 ,000 . and the purpose of the restructuring will be to keep the debt service at $3 ,000 ,000 . , noting it can be done with no net cost to the city . Mr . London went on to say that this program will be refunding the 1985 bonds, not the water and sewer bonds and that this is the first refunding on the 1985 bonds. Mr. London said the bond market is the best it has been in 10 years . Mr. London advised the Council he would be back on November 6 , 1989 with all the details laid out and the Council may act at that time to approve or reject the ordinance authorizing the refunding of the bonds. There were very few questions, and the Mayor directed the City Secretary to place this item on the November 6 agenda for action. 4 . RECEIVE REPORT FROM BOB VAN TIL , ADMINISTRATIVE STAFF PLANNER, REGARDING THE STATUS OF THE CONSTRUCTION OF THE ELEMENTARY SCHOOL AT THE CORNER OF ETHRIDGE AND NORTH COLONY BOULEVARD Mr. van Till gave the Council an update on the construction of the elementary school located at Ethridge and N. Colony, noting this will require the expansion of both Ethridge and N. Colony and a 12" water line across the property. Mr. van Til said the slab is in, as well as the structural steel , and the walls are being installed. Mr. van Til noted the fire wall is not operable because it is not connected to the 12" water line. Mayor Amick said the Council granted a temporary permit for the slab, not steel installation and that the school must comply with city regulations like everyone else, before construction can continue. Mr. van Til said he met with the school district last week and the on-site construction has stopped and that they go before P & Z on October 31 . Councilman Glazener said they plan to open in the fall of 1990 so they have a hurry-up schedule, however he concurs with the Mayor regarding the district complying with our requirements , but encouraged staff to resolve the problems as soon as possible . Mayor Amick reiterated that the school district is not independent of city codes. Councilman Harris questioned the status of the expansion of the streets and Mr. van Til said the bids were received last Friday on that project and that he has asked Mr. Gilbreath to notify the city when the contractor is chosen so a pre-construction meeting can be set. 8 . REVIEW PROPOSED BUDGET FOR DENCO E 9-1-1 FY 1989/1990 Councilman Weaver said this budget carries through the next 8 years and that investments will augment the 3% payments and will allow the pay-off of the equipment in 8 years. There will be no GTE equipment, but all the P.$.A.P. 's will be Southwestern Bell .Mayor Amick directed the City Secretary to place this item on the November 6 , 1989 agenda for action. 9 . RECEIVE REPORT FROM BILL HALL, CITY MANAGER REGARDING PROPOSALS FOR USER FEE STRUCTURE Water and Sewer Rate Study Mr. Hall said there had been four proposals received for a water and sewer rate study, noting there had been no study since 1982 and only one change in the rates since that time, in 1983 . Mr. Hall said all four companies are qualified, but he recommends contracting with Bill Langford and Associates in Austin, stating 00338o the Mr. Langford has day to day knowledge of operations as well as professional expertise. Mayor Amick directed this item to be placed on the November 6 , 1989 agenda for action. Residential Trash Pick Up/Deposit for Same Mr. Hall said the city currently realizes $ .44 per customer, which is less than the 10% authorized . There was a brief discussion regarding delinquent accounts. Mr. Hall advised that TExas Waste will be increasing their rates soon and the city does need to address the new CPI rate in January 1990 The Council discussed the various proposals presented by Mr. Hall , who recommended not less than a rate of $6. 82. Mr. Hall also recommend imposing a deposit for trash pick up of $10 .00 per customer, stating the deposit would be handled in the same manner as the water deposit, if customers have good accounts for two years, then the deposit is refunded. Councilman Marks asked if The Colony always charges more because other cities charge more . Mayor Amick said no, but comparing with other cities is a good way to measure our City, noting other cities have a large tax base, and we don' t. The Mayor went on to way each year our budget gets tighter and there is no way we can continue to operate with current services without addressing some kind of tax increase, property or user fees. The Mayor stated that in his 6 years on Council , they had never really reviewed fees and it must be done. Councilman Marks asked why look at other cities, why not just do it. Mayor Amick said we need to be comparable to other cities and not too exorbitant, stating however, that the other cities fees are not our justification. Councilman Harris said all services have values and we must compare to see that value and what people are willing to pay for services. Mayor Amick said all the money goes into the General Fund , then in the budget the money is allocated where needed. Councilman Weaver asked if these fees would be made effective soon and Mr. Hall said yes, that our budget will work, but our fees are not equitable and the added money will supplement services , especially in the Public Works Department, which suffered due to the tight budget. Councilman Weaver asked if the money could be used for Capital Improvements and Mr. Hall said it could or just to supplement line items which were cut. Councilman Alianell asked about using some of the funds to improve streets and alleys. Mr. Hall said it could be used for that, that we budget approximately $30,000.00 for that purpose. Mayor Amick directed this to be placed on the November 6, 1989 agenda for action. Commercial Trash Pick Up Franchise Fees Mr. Hall said currently there is no franchise fee on commercial dumpsters. Councilman Harris asked if this would run businesses out of town and Mr. Hall said if $14.90 a month is too much, then they are in trouble . Mr . Hall said the fee would have to be initiated and then negotiate for the amount, recommending 10% . Mr . Hall said the service would have to be bid and this would mean only one commercial pick up company in the city. Mayor Amick said the ordinance should allow, not demand and in case the bids come in too high, the ordinance can be repealed. Review Fees Mr. Hall said this is a way to recover costs for staff reviewing of plats and site plans, stating that after staff review then the plans are sent to an outside consultant. Mr. Hall went on to say that a registered professional engineer has been hired as the new Building Official which should alleviate some of the need for outside consulting . Councilman Harris said we need to incorporate exempting schools in the ordinance when we adopt the new fees . Mayor Amick said he wasn ' t sure that should be included in an ordinance, because that would tie the hands of future Councils. Mr. Hall advised that the city has an agreement with L.I .S.D. that any direct costs to the city are passed on to 003330 the district. Weight Room Fee Mr . Hall said this had been suggested by the Park & Recreation Board and that would add some revenue as well as keep people from just watching, a control factor. Mayor Amick suggested $1.00 per visit and $2 .00 for non-residents. Councilman Harris said $1 .00 a year is not too much for anyone who really wants to work out. There was a discussion regarding how to control entrance to the room, remote locking system, etc. Mayor Amick said there needs to be come control at the entrance if a fee is to be charged. Family Passes to Aquatic Park There was a brief discussion regarding the fees for resident and non-resident , family and individual passes to the pool . Councilman Harris suggested Family and Individual Passes for residents be set at $75 .00 and $30 .00 respectfully and for non- residents $100 . 00 and $40 .00 . All Council agreed. The staff also suggested lowering the age of children allowed in without paying to 3 years of age . The Council agreed with the recommendation and directed both items be on the November 6 , 1989 agenda for action. Registration and Permit Fees (Inspections) Mr . Hall advised that due to a family emergency, Mike Russell could not be present. After a brief discussion, .it was suggested this item be postponed until another work session when Mr . Russell could be present. The Council agreed. Mayor Amick asked if the Council could all meet on October 30 , 1989 to address these items. All but Councilman Weaver will be present. Due to the time of night, Councilman Withers moved to table the balance of Item No. 9 , and Items 10 , 11, 12 , and 13 until the next work session on October 30 , 1989 . Councilman Glazener seconded the motion, which carried with a unanimous roll call vote. 10 . REVIEW CHAPTER 6 OF THE CODE OF ORDINANCES, RELATING TO SIGNS 11 . REVIEW CHAPTER 5 OF THE CODE OF ORDINANCES, RELATING TO ANIMALS AND ANIMAL CONTROL 12 . REVIEW ESTABLISHING TIME LIMITATIONS ON DEBATE IN COUNCIL MEETINGS 13 . CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17 , SECTION 2G, REGARDING PERSONNEL, TO-WIT: A. DEPARTMENTAL EVALUATIONS Mayor Amick adjourned the meeting at 10:05 p.m. APPROVED: Don Amic*7c, r ATTEST: YIZe:e.AZ Patti A. Hicks, City Secretary [SEAL]