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.
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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:
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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
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4 CITY OF THE COLONY
5 Denton County, Texas
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9 Public Hearing
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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.