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HomeMy WebLinkAbout03/26/1990 City Council 003 4 MINUTES OF THE CITY COUNCIL MEETING HELD ON MARCH 26, 1990 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 26th day of March, 1990 at City Hall with the following Council roll call: Don Amick, Mayor Present Bill Manning, Councilman Present Steve Withers, Councilman Present Mike Alianell, Councilman Present Steve Glazener, Mayor Pro-rem Present Dick Weaver, Councilman Present Joel Marks, Councilman Present and with seven 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. REVIEW AND CONSIDERATION OF ACCEPTANCE OF ANNUAL AUDIT FOR YEAR ENDING SEPTEMBER 30, 1989 Mr. James England, Finance Director introduced Bob Scott, Audit Manager, and George Scott, Partner with Deloitte-Touche. Mr. George Scott addressed the Council, stating that the firm had found no material weaknesses in our financial procedures. Mr. England then gave an overview of the audit document, using an overhead projector. Mr. England stated the audit is longer than it has been in the past, and includes an organization chart of the city. Mr. England pointed out specific areas in the audit and fielded a few questions from the Council. Councilman Weaver asked how Centex could pay agricultural tax on their property. Mr. Hall explained that coastal bermuda is raised on 1100 acres of their property and that the ag exemption is appropriate. Mr. England then covered the management letter, noting as Mr. Scott had done that no material weaknesses had been found. UTILITY FUND BOND COVERAGE Mr. England read the observation and the recommendation in it's entirety, noting that last year there had been a loss of $146,000 is the Utility Fund, exclusive of depreciation. Mr. England went on to say that staff had first predicted the loss in the water and sewer fund in October 1988. Mr. England stated that this year the deficit is $1,922,000 and at a depreciation of $650,000 per year, without some changes, the deficit will be at 2.5 million next year, which is extremely high. 00354b Mr. England explained the decrease in cash and investments on page 10 of the audit and went over Table 10 on pages 56 and 57 noting there is only .72 to cover debts in the Utility Fund, which he stated is very low, compared to cities around us such as Lewisville, Mesquite, etc. Councilman Marks asked how we compare to cities like The Colony instead of the larger cities. Mr. England said we are in their category according to the bond companies. Mr. England went on to say the General Obligation side is good, but not the Utility, Water and Sewer Bonds. Councilman Manning asked why we are compared to those cities. Mr. England said that the companies in New York look at revenue and expenditure percentages. There followed a lengthy discussion regarding bond ratings, G.O. and Utility bonds. Councilman Weaver said if we were aware of the debt, why did we take $.03 from the Utility Fund and add to the General Fund. Mr. England stated that the Council voted to do that in order to avoid raising taxes. Councilman Alianell asked in bond houses know The Colony is unique in that we have no large corporations. Mr. England said they do know, and know who our top ten tax payers are, that they are very familiar with this area. Councilman Marks asked what signs those companies look for, as far as our being able to re-pay debts. Mr. England said they look to see if the city is raising rates, reducing expenses, etc., anything to see if we are trying to correct the problems. Mr. England then went back to the management letter and addressed DEPOSIT COLLATERIZATION, noting that we are working with the bank to ensure this does not happen again. With regard .---, to TAX COLLECTIONS Mr. England, said that a system has already been developed to correct the problem noted. There followed a lengthy discussion regarding those procedures. Councilman Weaver asked when the Tax Department would be on computer and Mr. England said it would be looked at in this next budget, but that it is very costly to put on the Tower system. Mr. England said that the procedures for ACCOUNTS PAYABLE has been changed to correct the problems noted. Mr. England covered the Miscellaneous Data included in the audit this year, noting it will be updated each year and will be a part of the audit yearly. Councilman Glazener moved to accept the audit and Councilman Alianell seconded the motion which carried with a unanimous roll call vote. At this time the Mayor called a brief recess. WORK SESSION 7. DISCUSSION OF DEDICATION OF OAK STREET AND S. COLONY EXTENSION Mr. Hall gave the background on this item, stating that the owners of the South Colony extension never dedicated the street to the city which limits our legal authority on the street. Mr. ---, Hall stated the same limits exist on Oak Street, the northern most west bound street off of FM 423. He said the street needs some work, noting that it is not a private drive, as a sign on the corner indicates. Councilman Marks asked if we can maintain it if we dedicate it and will sewer be run to the one home on that street. Mr. Hall said yes to both questions, noting the sewer will be run along Mimosa Court. Councilman Manning asked what dedicated means. Mr. Hall explained, road are built by developers or land owners and then dedicated to the city, which means the owner is not responsible for maintain and the city is. There followed a lengthy discussion regarding methods and results of the dedication and possible objections. Mayor Amick directed staff to proceed. B. DISCUSSION OF CURB CUT ON MAIN STREET FOR T.C.B.Y. Mayor Amick noted that the request for a curb cut is not a problem, noting the minutes in the packet reflect a limit of 4 median cuts on 423, not driveways. Mr. Bob van Til introduced a representative of TCBY; John Walls and a representative of Able Construction Services, Inc., the General Contractor for the project. Mr. Walls presented an updated plan which indicated the drive would be 36' with half on their property and half on the vacant lot next to theirs, owned by Centex. Mr. Walls said they would build the entire drive with the approval of Centex. The Council all reviewed the plan and agreed with the proposal. 6. DISCUSSION OF SAIL BOAT LAUNCH AT STEWART CREEK PARK Mayor Amick said he and Councilman Marks had been concerned at the last meeting that too much space would be used and it would displace other activities in the area. Councilman Alianell said he met with some of the Park and Recreation Board members and representatives of the sail boat enthusiasts looking for an alternative. The Councilman said they had found very little feasible areas, due to the lay out of the park, going on to say if the launch area started 50 yards from the turn around, that still left plenty of space and stated that it is his understanding this would not exclude swimmers from the area. There followed a lengthy discussion regarding the pros and cons of designating a launch area for sail boats, displacement of other uses in the same area. Councilman Manning suggested trying it and if it does not work, change it. Councilman Glazener asked how Park and Rec came to this proposal. Mike Stanfield, Park and Rec Board members, said he was on the task force to study this request, noted they had met several times and that 40 hours of research had been done. Mr. Stanfield stated the displacement factor was found to be minimal and that it is believed the fishermen will move to the end of the peninsula. He said they checked out other areas at the park and found them unfeasible due to cost of roads, etc., going on to say he believes this would cut down on motor boats in the area, which might be better for swirrrners. Mr. Stanfield concluded by stating that he felt there would be least impact in the originally proposed area. There followed a very lengthy discussion about the amount to be designated and other aspects of the proposal. Mayor Amick asked how Council felt about the distance, with the following result: OO354",' Glazener - 100', Manning - 100' , ^lianell - 100' Withers- 100' Marks - 75' Weaver - 75' Amick - 75' Mayor Amick directed this item be placed on the April 2, 1990 agenda at 100' for a final vote. 4. DISCUSSION OF AMENDMENTS TO TAX ABATEMENT GUIDELINES Mayor Amick directed this item be placed on the consent .agenda for action at the April 2, 1990 meeting. 5. DISCUSSION FINANCING FOR CAPITAL PURCHASES Mayor Amick directed this item be placed on the consent agenda for action at the April 2, 1990 meeting. 8. DISCUSSION OF AN ORDINANCE REQUIRING KEY BOXES ON ALL COMMERCIAL AND PUBLIC CONSTRUCTION Mike Russell gave the Council some pamphlets which show samples of key boxes. Mayor Amick suggested that Bob van Ti], take this ordinance to the Chamber to get their input. Mike Russell said staff doesn't feel this should be required in all existing buildings, but should be voluntary. Russell did say that the ordinance should require key boxes on those buildings know to house hazardous or toxic materials. Mayor Amick directed this item be placed on the consent agenda for action at the April 2, 1990 meeting. ~ 9. DISCUSSION OF AN ORDINANCE AMENDING CHAPTER 6 RELATING TO TRENCH SAFETY Mayor Amick directed this item be placed on the consent agenda for action at the April 2, 1990 meeting. 10. RECEIVE UPDATE ON STATE HIGHWAY 121 Mr. Hall advised the Council that there has been some problem between IBM and the State Highway Department which may hold up the progress of the construction. 11. DISCUSSION OF CONTINUING TO HOLD PRE-COUNCIL WORK SESSIONS After a brief discussion, all council agreed the newly elected Council should decide if these pre-council work sessions are beneficial. Mayor Amick said to start the next two meetings at 7~30 p.m. with no Pre-Council Work Session. 12. RECEIVE UPDATE FROM ALL COUNCIL COMMITTEES Councilman Weaver noted that COG had passed favorably on The Colony's application for the SRF loan. --~ 13. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2G, REGARDING PERSONNEL, TO-WIT~ A. MUNICIPAL COURT JUDGE After reconvening in open session the Council addressed the followings 14. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE CLOSED DOOR SESSION Councilman Marks moved to terminate Edmund Burke as Municipal Court Judge, Councilman Glazener seconded the motion, which carried with a unanimous roll call vote. Councilman Withers moved to appoint David Williams as Municipal Court Judge and Councilman Glazener seconded the motion. Councilman Weaver asked why Mr. Parr was not considered for judge, since he was the alternate. Councilman Manning reminded all that Mr. Parr had expressed a problem with being able to be present on Tuesdays all the time. The motion carried with the following votes Manning - Aye, Withers - Aye, Alianell - Aye, Glazener - Aye, Weaver - No, Marks - Aye, Amick - Aye. Councilman Marks moved to adjourn the meeting and Councilman Alianell seconded the motion which carried with all members voting Aye. APPROVED: Don ~m£ck; Ma~fdr -- ATTEST: Patti ^. Hicks, City Secretary [SEALI i 008888 2 4 CITY OF THE COLONY 5 Denton County, Texas 6 7 8 9 Public Hearing 10 11 12 13 14 15 16 17 18 19 20 BE IT REMEMBERED: That on the 9th day 21 of March, 1990, that a public hearing was held 22 regarding sewerage system improvements in the 23 Eastvale area of the City of The Colony, in the 24 Council Chambers at the City Hall of the City of 25 The Colony, County of Denton, State of Texas.