HomeMy WebLinkAbout04/23/1990 City Council003598
MINUTES OF TH~ CITY COUNCIL ~ETING
HELD ON
APRIL 23, 1989
The Regular Session of t, he City Council of the City of The
Colony, Texas was called to order at ?:00 p,m. on the 23rd day of
April, 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
$oel 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. MAYORAL PROCLAMATION DECLARING TENTH ANNIVERSARY CELEBRATION
FOR COLONY PARK BAPTIST CHURCH
Mayor Amick read the proclamation as follows:
I~IEREAS, a small congregation of just thirteen members met
for t. he first time on April 27, 1980; and
~/HEREAS, that small group, in the spirit for which the City
of The Colony has become known, did establish Colony Park
Baptist Church; and
~IEREAS, the congregation that met on that first Sunday, has
grown in spirit and size, to a congregation of over 600; and
~REAS, from that small beginning three missions have been
founded in our community;
NOW, THEREFORE, I, DON AMICK, Mayor of the City of The
Colony, do hereby proclaim the Tenth Anniversary Celebration of
Colony Park Baptist Church, to be held April 27, 28 and 29, 1990,
as yet another visible sign of continuity in our community, for
which City Fathers and all interested citizens of The Colony have
strived.
Rev. David Bird was present representing Colony Park Baptist
Church and accepted the proclamation, thanking the Council for ---.
their time and attention and stated that the church would
continue to work with the City toward stability in the corrrnunity.
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3. CONSIDERATION OF ACCEPTANCE OF LETTER OF RESIGNATION FROM
MEMBER OF PLANNING AND ZONING
Mayor Amick stated that a letter of resignation had been
received from Agnes Foster. Councilman Alianell moved to accept
the letter and Councilman Glazener seconded the motion, which
carried with a unanimous roll call vote. Councilman Weaver
stated that Ms. Foster had done an outstanding job during her
tenure on the Planning and Zoning Commission and should be
recognized in a special way.
4. CONSIDERATION OF A RESOLUTION SEEKING DESIGNATION AS THE
MANAGEMENT AGENCY FOR WASTEWATER COLLECTION AND TREATMENT
WITHIN THE CITY LIMITS OF THE CITY OF THE COLONY AND ITS
EXTRA TERRITORIAL JURISDICTION
Mayor Amick read the caption of the resolution as follows:
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS SEEKING
DESIGNATION AS THE MANAGEMENT AGENCY FOR WASTEWATER
COLLECTION AND TREATMENT WITHIN THE CITY LIMITS OF THE CITY
OF THE COLONY AND ITS EXTRA TERRITORIAL JURISDICTION
Mayor Amick said that the M.U.D. had rights to water and
wastewater service outside the actual city limits of The Colony.
Mr. Hall agreed and stated that when the City and M.U.D. merged,
those rights were given up and that this document allows that
management by the City. Councilman Alianell moved to approve the
resolution and Councilman Manning seconded the motion which
carried with a unanimous roll call vote.
5. CONSIDERATION OF A RESOLUTION AUTHORIZING THE EXECUTION AND
DELIVERY OF AN EQUIPMENT LEASE/PURCHASE AGREEMENT BETWEEN
THE CITY OF THE COLONY AND MARYLAND NATIONALEASE CORPORATION
Mayor Amick read the resolution as follows:
A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF
AN EQUIPMENT LEASE/PURCHASE AGREEMENT AND RELATED
INSTRUMENTS AND DETERMINING OTHER MATTERS IN CONNECTION
THEREWITH
Councilman Alianell asked if this was authorizing the same
contract as presented in an earlier meeting and Mr. Hall said it
is the same, but that this resolution is required by the company.
Councilman Manning moved to approve the resolution and Councilman
Glazener seconded the motion which carried with a unanimous roll
call vote.
6. REVIEW AND DISCUSSION OF PROPOSED WATER AND SEWER RATES
Mr. Ken Wood, member of the Water and Sewer Rate Study
Committee gave a presentation, summarizing the meetings and final
recommendation of the committee (See Attachment "A"). After the
presentation, Mr. Wood gave a personal opinion, that he believes
this whole issue relates to next year's budget and that if the
Council acts to raise the rates now, that the difference between
what is currently budgeted and the increased revenue realized by
the rate increase should be held over until next year, since this
year's budget is balanced. Mayor Amick agreed with the last
statement, as did Councilmen Weaver and Manning. Mayor Amick
asked Mr. Wood to do a follow-up memo to the Council stating that
recommendation.
Councilman Withers asked if the $600,000 depreciation was in
the 89.90 budget and if it is a legitimate expense; Mr. Wood said
it shows on the balance sheet but not in the actual budget.
Councilman Weaver said it is not, however Mr. England, Finance
Director explained that it does have to be shown as an
expenditure per accepted accounting principles.
Councilman Weaver made the following statement:
A 5 year financial plan should be adopted, not a year by
year plan as was done this year and the year before. It looks as
though we just took $785,000.00 and balanced the budget, but
where will we get the $785,000.00 the following year. Mr. Weaver
said he did not see any alternative to this increase at this
time. The $600,000.00 has been discussed before and if this
Council puts it in a Special Account, the Council next year can
use the whole $600,000.00 for something else, other than
depreciation, so I don't feel this debt can bee paid up and kept
that way.
Mr. Weaver went on to say the City refinanced $200,000.00, --,
and that this year budgeted payments of the bonds in the City for
$200,000.00 is more than we put in the budget, and by reducing
through the re-financing there should be $2000,000. in the budget
this year to carry over into next year. The budget next year
will show a $200,000.00 deduction for the financing of the bonds
for the City. There's $400,000.00 you're going to have next year
then if we put through this increase in rates, we should get
around $300,000.00 additional revenue for June, July, August and
September, since those are the highest water usage months and
with that increase we should get more than one half of the total
for a year.
We will get $550,000.00 according to what is planned on this
particular change (increase) in your book (packet) so that about
a total of approximately 1 million dollars in assets will be
coming in next year. However, Councilman Weaver went on, you
will not have the $785,000.00, you won't have the full tax
valuation as expected. According to Joe Rogers there will be
about a $150,000.00 shortfall and I'm sure you will want some
police cars at a cost of about $60,000.00, you will need to re-
paint the water tower on N. Colony Blvd., at a cost of about
$80,000.00 and the sludge being kept in a holding tank will have
to be moved at a cost of about $80,000.00. There is a total of
about 1 million, 5 thousand dollars in debts for next year and
Mr. Weaver said he saw no way of handling those without this --
proposed water rate increase.
Mr. Weaver asked Mr. Hall if he had told the Department
Heads to come in with a lower budget this year than last year and
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then said he highly recommends the Council mandate to Mr. Hall,
as City Manager that the budget be reduced by 2-5%. Mr. Weaver
then stated that he hoped all realized that we have $3,114,285
bonded indebtedness that must be paid.
Ken Wood said that these problems may be a result of rapid
growth, we are a young city and have lots of services, going on
to say the Council needs to "pull in" and that they have a tough
job next year.
Mayor Amick said he has always advocated no tax increase and
that the citizens always want more, noting that we can;t have
more without more tax revenues. The Mayor said we have reached
the point where increases in services will have to be looked at
very carefully. Mayor Amick commended the committee, stating
they had done a good job and commended Ken Wood for the report.
Councilman Marks said he thought we said no police cars for
two years. Mayor Amick said no and Bill Hall agreed that was
just last year and that it would be looked at again this year.
Councilman Marks asked if the appraised value goes up, could
the water rates then be lowered. Mayor Amick said in his
opinion, if the tax remains flat, the rates should be reviewed to
be raised, noting the city cannot grow without increases.
Mr. Wood said that is why the committee recommends
reviewing the rates yearly.
7. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF
ORDINANCE, AMENDING CHAPTER 12, BY AMENDING THE WATER AND
SEWER CODES RELATING TO RATES
Mayor Amick read the caption of the ordinance as follows:
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING
THE CODE OF ORDINANCES AMENDING CHAPTER 12, BY AMENDING
WATER AND SEWER CODES AS ADOPTED BY ORDINANCE NO. 449,
PASSED AND APPROVED BY THE CITY COUNCIL THE 29TH DAY OF
SEPTEMBER, 1986; AMENDING SECTION 6 OF THE WATER AND
SEWER CODES, RELATING TO RATES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY; DECLARING AN
EMERGENCY; AND PROVIDING AN EFFECTIVE DATE.
Councilman Manning moved to approve the ordinance and
Councilman Weaver seconded the motion. Councilman Manning asked
why the winter months of January, February and March are not
outlined in the ordinance. Mr. Hall explained that those months
may fluctuate and will need to be addressed yearly. After a
brief discussion, regarding the months, Councilman Manning
suggested amending the ordinance by adding the following sentence
to Section 6.2 (a): "These 3 months will reflect the lowest
months of usage."
Councilman Withers moved to amend the ordinance as stated
and Councilman Manning seconded the motion, which carried with
the following vote:
Manning - Aye, Withers - Aye, Alianell - Aye, Glazener - No,
Weaver - Abstain, Marks - No, Amick - Aye.
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The vote was then taken on the original motion to approve
the ordinance, which was as follows:
Manning - Aye, Withers - Aye, Alianell - Aye, Glazener - No,
Weaver - Abstain, Marks - No, Amick - Aye.
The Mayor declared the motion to have carried.
8. CITY MANAGER REPORT
Mr. Hall explained that the April 21, Clean-Up had been
cancelled due to the heavy rains and that it will be held on
April 28, 1990. Mr. Hall did say that those persons who have
items stacked by their driveway, etc. will be given special
consideration by the Inspections Dept. until the Clean Up takes
place.
Councilman Glazener suggested that next time a rain date be
advertised .
Councilman Marks asked about the drainage problem from old
423 to new 423. Mr. Hall said that is to be done, however
weather has prevented the contractor from working.
With no further business to address, Councilman Alianell
moved to adourn and Councilman Withers seconded the motion which
carried with all members voting Aye.
Mayor Amick adjourned the meeting at 7:54 p.m.
APPROVED:
Don"'K'~ick,' Mayo"f- ~ t-
ATTEST:
Patti A. Hicks, City Secretary
[SEALI
RATE COMMITTEE FINAL REPORT
1.0 Introduction
As a result of the public concern about the Langford Rate Study'
presented to the City Council, the Mayor appointed this coamittee
to examine the issue in detail. Members of the committee are
Mayor Don Amick, Councilman Dick Weaver and Bill. Manning, City
Manager Bill Hall and Finance Director James England, and
citizens Carol Chabinak-Ball and Ken Wood.
The report consists of the following sections:
Section 1 - Introduction
Section 2 - Overview of meetings held
Section 3 - Financial Findings
Section 4 - Water and Wastewater Rate Recommendations
Section 5 - Other Recommendations
2.0 Overview of Meetings Held
The committee met several times. Topics discussed included:
* A detailed review of the city budget;
* A review of existing revenue sources and how they relate to the
operational expenses of the city;
* }An explanation of how the city budget is related .to the
financial records of the city, i.e., the "balance sheet";
* A history of MUD before and after consolidation with.the City;
* The impact of the proposed loan for Eastvale improvementsl
* The financial impact of having a Federal Agency, for example
the EPA, force upon the City a ,solution to the Eastvale problems,
rather than allowing the City to devise the most economical plan
still deemed practical.
* The requirements imposed on the Utility Fund, which is a debt
service fund, versus the General Fund.
* Several studies of water and wastewater rates in surrounding
cities.
3.0 Financial Findings
The co~n'~ittee learned that:
1. Water and Wastewater rates have not changed since 1984.
1
ate '~ommittee Final Report :"~.:
2. The ci ty has maintained a '~ 'no tax increase" approach for 3
years. The budget , in respons:e to planned growth and citizen
demand for services, has grown, and this growth has been covered
by using sources of revenue that ~will no longer be' available in
the 1990-1991 Fiscal year and beyo'nd.
3. Since MUD was consolidated w~th ~he city, the city could have
been compensating for the annu~'l depreciation cost of ~UD capital
facilities, through budget reductions or tax increases. While
there is no dollar expenditure for depreciation that affects the
budget, depreciation does affect the city's balance sheet. In
essence, $600,000 average deficit per year due to depreciation is
a failure t.o save money for the day when replacements will be
need. This failure to save for future expected expenses affects
how external financial institutions judge the city, which in turn
can affect the city's bond rating and/or interest rate on loans.
This concern has also been raised by the city's auditors.
4. The appraisal values are expected to drop about 4% ($150,000),
further decreasing city revenue. The actual appraisal values will
be ava~ lable after 4/15/90.
5. One requirement of the loan for the Eastvale improvements is
that any assessment cannot be imposed on only the affected
residents.
While none of these thin§s, individually or in combination,
/ onstitute a "crisis", they do suggest that changes are needed.
z~Recommendat ion A:
~// The. committee recommends that future councils carefully
· examine the long term impact of budgetary decisions.
Recommendation B:
/o The committee recommends that the Council the cost
recover
f the Eastvale improvements loan via an assessment on every
/~/~ water customer of between $1.06 and $1.10 per month. The rates
///- presented below do NOT include this assessment , as it is an
.unrelated aspect of the rate study.
4.0 Water and Wastewater Rate Reco,~,uendations
Since it is not only unreasonable, but impossible, for ~"ate
increases, and rate increases alone, to make up the differeflce
between where the city's balance sheet stands today, and where it
should be standing in the future, the committee specifically
limited the maximum average rate increase considered to 25%.
[ate Committee Final Report
Recommendation C:
A water rate of no greater than $10 minimum, $2.10 per 1000
gallon over 2000 gallons; and a wastewater ~ate no greater
than $9 minimum, $2.00 per 1000 gallon over 2000 gallons. In
the case that no winter average exists, the wastewater bill
will be $15 until a winter average is set. The 3 months for
setting the winter average are December, January and March.
The committee estimates the average increase to be 24% (in
contrast with the Langford study, which proposed rate increases
that ranged from 39% to 43%). The net increase in revenue is
estimated to be $544,520.
Note that, for some users, the wastewater bill will decrease, for
some it will be unchanged, and for others it will increase
moderately. It is the belief of the conmuittee that this structure
will help those on fixed incomes.
Note also, in response to public displeasure with proposed
wastewater rates based on monthly consumption, the wastewater
rates are based on an average of three winter months consumption.
The committee favored a flat monthly fee for all users
independent of consumption, However, a consumption based rate was
forced upon the city by State requirements for the revolving fund
loan for the Eastvale improvements,
Attached is a rate table for various levels of consumption,
WARNING! WARNING! You cannot simply look up some number of
gallons, for example 10,000 gallons, and add the dollars from the
two charts, The numbers cannot be added since the numbers in the
WATER bill chart are actual consumption, while the numbers in the
WASTEWATER chart are winter average consumption, For example, if
a resident's winter average is 4000 gallons and the current water
usage is 14,000 gallons, the combined water and wastewater bill
will be $48.20.
5.0 Other Reco~uendations
While the primary purpose of this committee was to study the
issue of water and wastewater rates, the co~n~ittee, as summarized
above, had to understand the current financial condition of the
city. The water and wastewater rates recommended by this
committee, by choice, do NOT provide sufficient revenue to
overcome these problems.
Recommendation D:
This committee urges the Council to examine the big picture,
looking not only at these proposed rates, but also look at all
B
Rate Committee Final Report
the other sources of revenue.
Recommendation E:
The committee recommends the Council examine the budget carefully
for areas where zero growth or budget cuts are required. To deal
with the coming budget, cuts of 2% to 5% may be required. It is
clear that tough decisions lie ahead, but the committee feels
it's better to deal with the problems now than to postpone them
to later, incurring greater costs.
Recommendation F:
The committee recommends ttiat the Council form a similar
committee on an annual basis, to review the expenditures,
revenues, and rates, and to ensure that the City doesn't allow a
problem to grow to "crisis" proportions.
Recommendation G:
The committee recommends that each year, the finance director
review with the Council the long term goals for the city. For
example, it appears to be sound fiscal policy for a utility
department, as its debts decline, to wean itself from excessive
dependence on ad valorem taxes. However, this weaning process is
planned in terms of decades rather than years. Therefore, it's
easy for a body whose membership changes often, such as a city
council, to lose track of the long term issues.
Recommendation H:
The committee also reviewed, in depth, the issue of the transfer
of funds from the Utility Fund to the General Fund. This practice
has been used since the consolidation of the City and MUD, and
was never an issue before. It is also common practice in most
cities. The issue was discussed at great length, with no real
consensus by the committee.
The committee recommends that the Council, in consultation with
staff, review and determine to their satisfaction, the pros and
cons of this practice.
Respectfully Submitted, members of the Water Rate Study Commitee.
4
of The Colony Utility Department , '*
Honbhly Bill Comparison
WATER $10.00 Minimum and $2.10/1000 Gallons of Water Used Over 2000 \
Gallons of Minimum Charge For Ney Current Difference
Water Used Water Water Over Water Water In Water
Sill 2000 Gals Sill Sill Bill
2000 $10.00 $0.00 $10.00 $10.00 $0.00
3000 $10.00 $2.10 $12.10 $11.50 $0.60
4000 $10.00 $4.20 $14.20 $13.00 $1.20
5000 $10.00 $6.30 $16.30 $14.50 $1.80
6000 $.10.00 $8.40 $18.40 $1G.O0 92.40
7000 $10.00 $10.50 $20.50 $17.50 $3.00
8000 $10.00 $12.60 $22.60 $19.00 $3.60
~ $10.00 $14.70 ~ $20.50 $4.20
1O000 $10.00 $16.80 $26.80 $22.00 $4.80
11000 $10.00 $18.90 $28.90 $23.50 $5.40
12000 $10.00 $21.00 $31.00 $25.00 $6.00
13000 $10.00 $23.10 $33.10 $26.50 $6.60'
14000 $10.00 $25.20 $35.20 $28.00 $7.20
15000 $10.00 $27.30 $37.30 $29.50 $7.80
WASTEWATER $9.00 Minimum and $2.00/1000 Gallons of Water Used Over 2000
Gallons Of Hlnlmua Charge For Hey Current Difference Difference In
Water Used Sever Gallons Over Sever Sever In Sever Combined Water
Bill 2000 Bill Sill Bill And Sever Sill
2000 $9.00 $0.00 $9.00 $11.50 ($2.50) ($2.50)
3000 $9.00 $2.00 $11.00 $11.50 ($0.50) $0.10
4000 $9.00 $4.00 $13.00 $11.50 $1.50 $2.70
5000 $9.00 $6.00 $15.00 $11.50 $3.50 $5.30
6000 $9.00 $8.00 $17.00 $11.50 $5.50 $7.90
7000 $9.00 $10.00 $19.00 $11.50 $7.50 $10.50
8000 $9.00 $12.00 $21.00 $11.50 $9.50 $13.10
9000 $9.00 $14.00 $23.00 $11.50 $11.50 $15.70
10000 $9.00 $16.00 $25.00 $11.50 $13.50 $18.30
11000 $9.00 $18.00 $27.00 $11.50 $15.50 $20.90
12000 $9.00 $20.00 $29.00 $11.50 $17.50 $23.50 ..
13000 $9.00 $22.00 $31.00 $11.50 $19.50 $26.10
14000 $9.00 $24.00 $33.00 $11.50 $21.50 $28.70
15000 $9.00 $26.00 $35.00 $11.50 $23.50 $31.30