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HomeMy WebLinkAbout08/20/1990 City Council 00370a MINUTES OF THE CITY COUNCIL MEETING HELD ON AUGUST 20, 1990 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 20th day of August, 1990 at. City Hall with the following Council roll call: William Manning, Mayor Present Steve Withers, Councilman Present Mike Alianell, Councilman Present Rob Burchard, Councilman Present Lou Gomez, Councilman Present Joel Marks, Councilman Present and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Cindy Banks, 5517 Slay, wished Mayor Manning well, stating that the city is angry right, now and that no more secrecy is needed. Ms. Banks said the citizens have a right, to know what is happening and encouraged the Council to take their time to choose the proper person for the Place 1 position on Council. Thelma Elam, 5117 Arbor Glen, said this is the 4th time she has addressed the Council regarding the water rates, going on to say the citizens must get fairness and justice. Ms. Elam said the water department must be in the black since large transfers are made each year into the General Fund, and that she thinks people should get. a rebate on the large water bills. Joyce Fulco, 4712 Clover Valley, said their have been several mistakes made by the council regarding voting and firing, noting that in early surrmer there was a question regarding a vote and the council was told to vote again, then the possible wrong firing of the police chief. She said the council should have checked before the acted, going on to say they even failed to provide a large enough meeting place for this large crowd. Lorraine Thompson, 4225 Iola, representing the Lakeway Garden Club asked permission to landscape the two entry ways into the City. Randy Seymore, 5600 Tyler, thanked Mr. Hall and Mr. Russell for returning his calls and for the help with his particular problem in a timely manner. He asked the council to keep in mind drainage, rubbish and weeds in the Taylor/Tyler area when considering the 1990.91 budget. Mr. Seymore went. on to say he 3 00370 was at the August 6 meeting and the statements made about the SWAT team concerned him, stating he doesn't feel The Colony needs a SWAT team. He also said he thinks the Council should reconsider the arsenal of weapons in the police department and the SWAT van, perhaps eliminating them and putting money into the budget to help make up for the money needed, causing the increase in the water rates. He said he knows times are tough and he hopes the Council will think about, these things and make some changes. Ben Johnson, 5560 Vance, concerned about, a $175.00 water bill, stating he talked to the water department, but did not get an answer to why the city needed the $1.8 million. Mr. Johnson suggested if the city needs that much money then pass a bond issue, and give the money back to the water department and reduce the rates. Nancy Weber, 4504 Jenkins, addressed the council regarding a recycling program, noting she had started a recycling program in the Lakeside Garden Club 4 months ago and already 1440 pounds of trash has been recycled. Ms. Weber said trash is a national crisis and urged the Council to reduce waste, re-use and recycle. Sue Groffie, 6853 Fryer Dr., said her water bill doubled in one month and her budget cannot handle that, stating she doesn't understand how this could happen. Cathy Bock Wood, 4909 Avery Ct., said she is a 14 year resident, and read a prepared statement expressing concern regarding the way Mayor Manning was appoint, after Don Amick~s resignation, stating she does not approve of the process since there was no election. Ms. Wood went. on to say that now the Council will be appointing a person to fill the Place I position. She said the citizens feel the Council is not receptive to them. Mayor Manning responded and said he is quite sure no one on Council feels that way and said there is a precedent sent in this case. Ms. Wood said perception is the problem. Mark Warner, 4374 Newton, said the problem is not water but money, noting this is a community of seniors, newly weds, and families and that an increase in taxes would have at least been deductible, but t. he water bills are not. Mr. Warner said he knows money is needed to maintain services, roads, etc. and that the Council should make expanding the corm~ercial tax base a top priority in the 90~s. Pam Ebert, 5320 N. Colon¥ Blvd., said she is an 11 year resident, and the problem is not on the water bill but the water itself, stating it ruins appliances, pipes, etc. and tastes bad. She said she is opposed to the increase it is too high and the water is bad. 003700 Jerry Rooney, 5301 Sagers Blvd., spoke to the Council 2 weeks ago regarding the meter readings and excessive rate hike and said it seems the sewer rate is most out of line, going on to say he still has to buy bottled water for drinking. Mr. Rooney pled with the council to make changes inrnediately in the water rates and then presented a proposal for a solution t.o the Council. Brent Ledbetter, 5644 Tucker, welcomed Mayor Manning saying he approved of the appointment, he questioned the length of the closed door session held August. 6, noting he quest, ioned the water increase at that meeting. Mr. Ledbetter said he wants to form a Financial Look-Out Team to see where the money is going and to let the citizens know, asking citizens to contact him at his home phone to form the team. Mr. Ledbetter asked if city personnel and officials are allowed to sell supplies to the City. Mr. Hall said they are not. Bernette Hennville-Shannon, 4156 Ballard Tr., addressed 3 items: 1. A petition wit. h 700 names to decrease the water rates 2. Forming of a Financial Look-out Team 3. Wanted assurance cross-walk guards would be at every intersection along Etheridge Dr. leading to the new school, or a sidewalk to be built on t. he west side of Etheridge. Mr. Hall said a sidewalk is being built on the north and south side of N. Colony, but that the property on the west of Etheridge is private property. Kenneth Langdon, 5052 N. Colony, said we have a fine police department and asked why an officer hides on the church parking lot on Paige, stating he needs to be in plain view and said that unmarked cars should not be used for traffic control. Bruce Stewart, 5228 Hendrix, said the water rates were raised just so Bill Hall could brag about a tax decrease and that the police chief issue should not have been held in closed door but it should have been an open public hearing. He said the new Mayor has been appointed and now one more council will be appointed, and that he believes the citizens need a fair and open election Toby Pollard, 5401 Sutton, said he is concerned with the issues in recent weeks, noting they will not go away soon. Mr. Pollard said his water bill increased 35% and that he feels there is a crisis when the government does not foresee this large increase. He did say he is please Mayor Manning will give the citizens a chance t.o speak and that he is willing to give him a chance , 3. MAYORAL PROCLAMATION DECLARING SEPTEMBER AS "VOTER REGISTRATION AWARENESS MONTH" 00370u Mayor Manning read the proclamation in its entirety as follows: WHEREAS, it is the fundamental responsibilit, y of every Texas to participate in the electoral process by exercising his or her constitutional right; and WHEREAS, a democracyts most precious gift: to its citizens is the right of participation - the right to vote; and WHEREAS,~ the Texas Secretary of Starers office is actively promoting voter registration and participation t. hrough the VOTE ~90 campaign~ and WHEREAS, the VOTE ~90 program is promoting voter registration for the November 6, 1990 general election; and WHEREAS, October 7, 1990 marks the deadline for Texans to register and vote in the November 6, 1990 elections; NOW, THEREFORE, I, William Manning, Mayor of the City of The Colony, do hereby proclaim September as "Voter Registration Awareness~ month and urge Texans, who have not already done so, to register between now and October 7, 1990 and vote in the November 6, 1990 general election. William W. Manning Mayor, City of The Colony, Texas ATTEST: Patti A. Hicks, City Secretary 4. RECEIVE PRESENTATION FROM DENTON COUNTY CRIME STOPPERS Jerry Regan, representing the Denton County Crime Stoppers program said this is a positive group for Denton County, stating that he is the Chairman of the Corrrnunity Awareness Committee. Mr. Regan said Crime Stoppers was formed in the late 70's by Albuquerque police officers and that the organization offers rewards for information which leads to arrest and indictment, with guaranteed anonymity. Mr. Regan went. on to say the group combines 3 key elements; 1. law enforcement, 2. media and 3. citizens, and that the program is very effective with a 95% prosecution rate. Going on, Mr. Regan said this organization gives area law enforcement agencies a way to cooperate, noting that the board is expanding and would like a representative from each corrrnunity. Mr. Regan gave 1-800-TIPS as the number to call. Councilman Marks said there has been talk of starting a Crime Stoppers in The Colony. Mr. Regan said it would not hurt, but. it might duplicate efforts and this organization does benefit. all communities in Denton County, going on to say he does not really see the need for another group at this time. 6 00370,, 5. REVIEW AND APPROPRIATE ACTION REGARDING THE WATER AND SEWER RATE INCREASE The Counci] again opened the floor for input, from the citizens on the above matter. A citizen asked who paid for the water lost when the pump station leaked. Mr. Hall said that water was put back into the system and the city paid for it. Mike Lynch said his bill increased 40%, not the 24% he anticipated, going on to say he understands the need for an increase, but the city needs to come up with another way, noting also he would like to see the City meters read and the City pay their bill. Toa~i~y Turner, Public Works Director gave a very informative and detailed report, to the Council and the audience on the water meters used by the City as well as how and when the meters are read. Mr. Turner fielded many questions. Mr. Turner said the city does not buy used meters. He showed charts indicat~ing how much water has been pumped, billed and commercial consumption records, as well as rainfall records. There was a question regarding air in the line and Mr. Turner said air in the line causes minimal errors in water consumption. After this lengthy report., Councilman Marks said all these questions have been addressed by the committee and then some, going on to say that he does not think that facts and figures are going to convince him that the water rates are going to be decreased. Councilman Marks said there is no way a decision can be made tonight to lower the bills, stating there is something wrong and that the meeting needs to take another direction. There was no response when Councilman Gomez asked who would rather have a tax increase than a water rate increase. At this time, Ken Wood, member of the Water & Sewer Rate Study Committee gave a very detailed and technical report. explaining how the rates were established; winter consumption records, formula, for increase and some of the options looked at by the committee. Mr. Wood suggested the billing process be reviewed to ensure it is correct and to monitor billing, going on to say that if too much revenue is found then address that at that time. Councilman Alianell said he voted for the increase because he thought the expenditures of the system were more than the revenues and that he understood the increase would be 20%-26%. There was a discussion regarding marking the meters so that anyone can tell if the meter has been read. Mr. Hall explained that about 5 - 6 years ago the water department started tagging 1 - 15 meters throughout, the City, noting that at the end of the meter reading period, the supervisor would know if all meters had been read or not. Mayor Manning said there is no way this can be resolved tonight, and called a Special Session on August 27 to address this issue, informing all present that his own water bill was $175.00 and that he did not know if the Council would be able to give all the answers to all the questions. There was a general 7 discussion regarding the process for arriving at the new rates, including some suggestions. It. was suggested that until the Council can agree on a proper rate increase the rate be reduced back t.o t. he old rate tonight.. A citizen suggested any other questions be submitted t.o Patti Hicks for attention at the upcoming meet~ing. Councilman Withers requested an itemized list of expenses in the General Fund for the Utility Fund and said the increase should be based on actual costs incurred by the Utility Fund. Councilman Gomez at this time, moved t~o revert, back t.o the old water rate until the Council can agree on a proper increase and Councilman Alianell seconded the motion. James England said 9he bills are almost ready to be mailed out. and it. will be difficult to get a different rate on the August. billing and that changing the rates requires an Ordinance. Mayor Manning said it. is more prudent to wait a week until the work session. Bill hall said the Council can act. on the motion, then prepare the ordinance for action on August 27, 1990. Councilmen Gomez and Alianel] withdrew the motion and second. 10. CONSIDERATION OF ACCEPTANCE OF A CONTRACT TO FREEMAN/MILLICAN FOR ENGINEERING SERVICES ON THE STATE REVOLVING FUND Bill Hall said the Council has reviewed the Contract with Freeman/Millican for State Revolving Fund engineering on the Eastvale sewer system, and that the staff and attorney have reviewed it as well. Councilman Burchard asked about, the City paying legal costs and about, the sect. ion relating to suits, requesting a sentence be added stating that the engineer will do nothing to hinder the settlement of a suit. Councilman Alianell said it looks like a standard contract, then moved to approve the contract with an addition on page 12, as requested buy Councilman Burchard. Councilman Burchard seconded the motion which carried with a unanimous roll call vote. 11. REVIEW OF STRICKLAND DRAINAGE PLANS Bill Hall said this area between Middleton, Hetherington and Strickland Drives has been a problem for some time, noting that work began in 1982 by the M.U.D. and that some work had been done in 1989, going on to say ~hat some residents are concerned that the work has not been done properly or expeditiously. Mr. Hall went~ on, this is the second year to put. the project, in the Capital requests in the budget.. Engineer, Terry Millican presented the plans, stating that the area is a natural drainage channel and development has encroached on the drainage area upstream. Mr. Millican said rock gabians had been placed upstream in the early 80's and they have worked well. He said soil erodes easily and that velocity of 9' per second produces erosive conditions, st~ating the velocity of 8 00870 the water must be slowed down to 6' per second maximum in the unprotected areas. He explained how this plan would work to reduce velocity by dropping water at several levels for an estimated $65,000.00 for construction and another $18,000 for design and over-run. There was a general discussion regarding the plan, costs, time frame and options. Mr. Millican said rock gabians would work better but are not as aesthetically pleasing and they would add approximately $10,000.00 to the project.. The Council questioned how to keep kids out of the area. Mr. Hall said this is an open area. Mr. Millican said the skaters will use the concrete rip rap as they do in other areas, (highways, etc.) Mr. Millican said that maintenance is very important to keep an area such as this working properly. Mr. Terry Miller, 4708 Strickland said there are more feeder drains than shown on the plan, which need to be addressed. The Mayor asked if they can be added, and Mr. Millican advised yes. Mr. Miller said he has watched the city pour $50,000 a year into this ditch. Bill Hall responded stating that the city has not put that much money into that area, noting that the entire budget. for one year for all drainage is only $35,000.00. Bill Jan,ne, 4712 Strickland said no matter how much has been spent, there is still a problem. Mr. Millican said there are several options which would be fail safe, but they are very expensive and would require a bond issue, going on to say this is a very common problem and it. must be dealt with using available funds. Diane Baxter, 4813 Hetherington thanked the city for work done around her property to save her fence and driveway and then asked why her house is surround by water when rains are heavy. Mr. Hall explained that the inlets cannot handle that amount of water. Mr. Millican added that the drains were design in 1974 using City of Dallas Criteria and it was not adequate. A citizen said landscaping in the ditch needs to be addressed. Mr. Millican said the velocity of the water must be controlled to prevent erosion and no plant, life can withstand the velocity of the water in this area.. Mr. Hall said this item was on the agenda so the Council would be familiar with the project, and that the project is included in the Budget as a capital project., noting that Mr. Millican will be providing a cost estimate for budgetary purposes. 10:15 p.m. Recess 10:20 p.m. Reconvene 9. CONSIDERATION OF A PROPOSAL TO INSTALL MINI-BASKETBALL AT THE ISLAND MINI GOLF COURSE Tom Tunks was present and said he wants to add 20 basketball goals of di.fferent shapes and sizes to his existing miniature golf course, noting this will be of not cost to the city. There was a brief discussion regarding maintenance. Councilman 9 Burchard asked if this could be removed if it. did not go well and Mr. Tunks said it. could. Councilman Marks moved t.o approve the addition and Councilman Gomez seconded the motion which carried with a unanimous roll call vote. 6. PUBLIC HEARING REGARDING THE PROPOSED MUNICIPAL BUDGET FY 1990/91 Councilman Marks moved to open the public hearing and Councilman Alianell seconded the motion which carried with all members voting Aye. Ken Wood restated t. he importance of the Library requests for increased hours. Councilman Marks reminded everyone that beautification, the Animal Shelter and a Senior Facility are important issues this year. Councilman Burchard moved to close the public hearing and Councilman Gomez seconded the motion which carried with all members voting Aye. 7. PUBLIC HEARING ON APPLICATION FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS GENERAL RETAIL, SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT FOR THE SALE AND SERVICE OF BOATS WITH OUTSIDE DISPLAY 7204 MAIN STREET Councilman Marks moved to approve the addition and Councilman Gomez seconded the motion which carried with all members voting Aye. Bob van Til said this is a boat sales and service business, requesting outside display. Mr. van Til said P & Z reviewed this and recommends approval, as does staff. There was a general discussion regarding codes, etc. Councilman Marks said the outside display should be limited to the side of the building only. Councilman Alianell moved to close the public hearing and Councilman Marks seconded the motion which carried with a members voting Aye. 8. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF MINUTES OF THE AUGUST 6, 7, AND 14, 1990 COUNCIL MEETINGS Councilman Burchard moved to approve the minutes and Councilman Gomez seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF APPROVAL OF APPOINTMENTS TO THE 10 003711 LIBRARY BOARD AS FOLLOWS: KEN WOOD, MORRIS SEAY AND PATRICIA MOONEY Councilman Marks moved t.o approve the appoint, ments and Councilman Gomez seconded the motion which carried wit. h a unanimous roll call vote. D. CONSIDERATION OF A RESOLUTION ADOPTING POLICIES AND PROCEDURES AS A GUIDELINE FOR THE UNIFORM CONDUCT OF BUSINESS OF THE ADVISORY BOARDS OF THE CITY OF THE COLONY Councilman Marks moved to approve the Resolution and Councilman Gomez seconded the motion which carried wit. h a unanimous roll call vo~e. B. CONSIDERATION OF AN ORDINANCE AMENDING APPENDIX A- ZONING OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY GRANTING A SPECIFIC USE PERMIT FOR THE SALE AND SERVICE OF BOATS WITH OUTSIDE DISPLAY FOR THE BELOW DESCRIBED PROPERTY 7204 MAIN STREET This item was pulled for discussion regarding approving t~he zoning cha~ge with an amendment to restrict, the outside display to t. he side of the building, not in the front parking lot. Councilman Marks moved to table unt. il the owner could be present~, Councilman Burchard seconded the motion which failed with the following vo~e: Withers - Aye, Alianell - No, Burchard - No, Gomez - No, Marks - Aye, Manning - No. At t. his time Councilman Gomez moved to approve the Ordinance, wit. h amendment and Councilman Alianell seconded the motion which carried with a unanimous roll call vote. After the vote was taken on item 8D, Councilman Wit. hers questions the section dealing witch board members running for public office, stating he feels this should be amended. Wit. h Council direction, this item will be placed on t. he September 10 agenda for possible amendments. 12. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, RELATING TO TRAFFIC, AMENDING SCHOOL ZONE AREAS Mayor Manning read t. he caption of t. he ordinance as follows: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 19 OF THE CODE RELATING TO TRAFFIC; AMENDING SCHOOL ZONE AREAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 11 003712 THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY RELATING TO TRAFFIC EXCEPT TO THE EXTENT OF CONFLICT HEREWITH; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Councilman Alianell moved to approve the ordinance as written and Councilman Burchard seconded the motion which carried with a unanimous roll call vote. 13. CONSIDERATION OF A PROPOSAL FOR A RECYCLING PROGRAM Mike Russell said he is ready to move with this program with Council approval, noting this will be at no cost to the city. Mr. Russell displayed the recycling logo "Choose to Re-Use". He did say we need 75% participation to continue after the 90 day trial period. Councilman Alianell moved to authorize seeking proposals for a recycling program and Councilman Gomez seconded the motion which carried with a unanimous roll call vote. 14. FIRST READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES RELATING TO SMOKING REGULATIONS WITHIN THE CITY OF THE COLONY Councilman Burchard moved to table this item until September 10, 1990 and Councilman Alianell seconded the motion which carried with a unanimous roll call vote. 15. DISCUSSION REGARDING BROADCAST OF COUNCIL MEETINGS ON LOCAL ACCESS CABLE TELEVISION Councilman Gomez had requested this item to be discussed and possible put into committee for study. He noted that first reports show this to be quite expensive. Mayor Manning said after the Place I position is filled he will appoint, this committee. 16. FIRST READING OF AN INDUSTRIAL WASTE ORDINANCE Bill Hall said this project, has been worked on for the last 4-5 months, and it's purpose is to regulate waste produced by industry. Mr. Hall went to state that the current ordinance is outdated. Mr. Hall introduced Jim Leighton who has been very instrumental in the preparation of this ordinance. Councilman Marks asked how this would effect, current, businesses. Mr. Leighton said this ordinance is designed to put city management. in the driver's seat. regarding future industry and will not. 12 effect current, businesses at all. Councilman Alianell asked how dry-cleaning fluids are handled and Mr. Leighton said he believes they are reclaimed by a truck. Councilman Burchard noted t. hat he feels the penalty of $1000.00 may be t. oo low in some cases. Mr. Leighton said once this ordinance is in effect, the E.P.A. can step in and enforce, however, they cannot do that if the ordinance is not in place. This ordinance will be brought back for further discussion and possible action at a later date. 17. APPROVAL OF CRITERIA FOR CHIEF OF POLICE Bill Hall said he has contacted Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE), the Texas Municipal League (TML) and the Texas Police Chief's Association (TPCA) for input, however, he has not received all the information as yet. Mr. Hall said he spoke to a representative of TPCA in Lewisville who will help for a nominal fee (Perhaps a meal) and will tailor the criteria for The Colony demographics, going on to say he would appreciate any comments from Council. 18. COUNCIL COMMITTEE REPORTS (OPTIONAL) Mayor Manning reported that Golf West may be interested in building a course on Wynnewood Peninsula. 19. CITY MANAGER'S REPORT 1. Bryan Moore was present representing D.B.A. Architect, Inc. and stated that his firm is willing to design a new animal shelter for the city along with preliminary costs estimates at. no cost to the City. Mr. Moore is a resident, of The Colony and understands the problems at the shelter and stated that his firm would donate these services to introduce themselves to the City and would like to have the opportunity to bid on the project if the City decides to move forward. 2. The recycling grant has been approved and $14,000 will be received. 3. There have been concerns over the lack of response from TCI Cable Co. to complaints. Mr. Hall now has several phone numbers to call for assistance. 4. There have been problems with lat night, parties at Stewart Creek Park and staff is recommending the gate be closed at 11:00 p.m. to be opened at 6:00 a.m. Mr. Hall did say emergency vehicles will be able to get in. 5. Bob van Til said he has started letters to all the owners of rental propert, y in the Eastvale subdivision, which will initiate the process for application for funds from the Rental 13 00371a Re-hab Program. 6. Cat Tails in t. he drainage areas have been sprayed and '-~ should be gone in 7 - 10 days. Mayor Manning announced that. he has received written request from the Council t.o bring the newspaper box ordinance back to Council for further discussion. With no further business to address, Councilman Gomez moved to adjourn and Councilman Burchard seconded the motion which carried with all members voting Aye. AP~VED: //~ William W0' Manning, Mayo~ ATTEST: Patti A. Hicks, City'Secretary [SEAL] ~