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HomeMy WebLinkAbout01/06/1992 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON JANUARY 6, 1992 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 6th day of January, 1992, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Present Billy Sharp, Councilman Present Dale Therio, Councilman Present Rob Burchard, Councilman Present Lou Gomez, Councilman Present Joel Marks, Mayor Pro-tem Present and with seven present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Dick Weaver, 4940 Hackney, thanked the Council for the consideration give by them regarding the SPAN program and then addressed the Council regarding his concerns about the proposed increase in the water and sewer rates. Mr. Weaver said it is inconsistent to say we are losing money in our water department and then approve a transfer of $600,000 from the Utility Fund to the General Fund, going on Mr. Weaver noted there was also one cent taken out of the tax this year for that department. Mr. Weaver said the city needs to cut General Fund expenditures or increase ad valorem taxes for that part (utility) of the budget. He said as a representative of AARP that he does not think we need an increase in the water rates. James Jordan, 5089 Thompson said a picture is worth a 1000 words and handed the council pictures of an unknown nature. Mayor Manning stated that there would be no Executive Session held tonight because the City Attorney advised the agenda as posted is not specific as to the nature of the subject matter to be discussed. 3. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETING HELD ON DECEMBER 9, 16 AND 17, 3 1991 Motion to approve the minutes as written - Lynch; second - Sharp. Motion carried with a unanimous roll call vote. B. CONSIDERATION OF RE-APPOINTMENT OF POLICE RESERVES Motion to postpone until matters in the police department are cleared up - Gomez; second- Sharp. Councilman Marks asked what effect that would have on the current status of the reserves and Mr. Hall said none, since it would be council action to postpone. Mayor Manning said he is not sure what the reserve program has to do with the upcoming Executive Session and stated that he feels the program needs to be continued. Motion failed with the following vote: Lynch - No; Sharp - Aye; Therio - No; Burchard - No; Gomez - Aye; Marks - No; Manning - No. Motion to approve - Burchard; second - Therio. Councilman Marks asked if this is also approving the additional number of reserves. Mr. Hall advised this action is just to confirm the existing officers. Councilman Burchard asked Chief Gibson to elaborate on this program. The Chief said it is very valuable when the department is shorthanded, on week-ends, working parades etc. He said it saves calling if officers on over time. Motion carried with the following vote: Lynch - Aye; Sharp - Aye; Therio - Aye; Burchard - Aye; Gomez - No; Marks - Aye; Manning - Aye. C. CONSIDERATION OF A RESOLUTION AUTHORIZING INTERLOCAL AGREEMENTS WITH DENTON COUNTY FOR AMBULANCE AND FIRE SERVICE Motion to approve the resolution - Lynch; second - Sharp. Motion carried with a unanimous roll call vote. D. CONSIDERATION OF A CHANGE ORDER TO THE CONTRACT WITH ATKINS BROTHERS FOR THE EASTVALE SEWER SYSTEM IN THE AMOUNT OF $3000.00 Motion to approve the change order - Lynch; second - Sharp. Motion carried 4 with a unanimous roll call vote. Mayor Mal~ning stated that he is dismayed that the original cost estimate of $7500.00 is now up by $3000.00 and directed staff to be more careful in the future on contracts. 4. CONSIDERATION OF ACCEPTANCE AND AWARD OF PROPOSALS FOR THE PURCHASE OF A 800 MHZ RADIO SYSTEM FOR PUBLIC SAFETY AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Mr. Hall said for several months the city has been in need of upgrading the radio system in public safety. He advised that we advertised our Request for Proposals and mailed the specs to two major vendors; Motorola and General Electric. Mr. Hall said the representative from General Electric met with him and advised they could not meet the requirement to be compatible with Denton County and they did not submit a proposal. Motorola did submit a proposal, which was received late Friday, January 3, 1992, for a total of $180,850.00. Going on, Mr. Hall said Mr. England, Finance Director has advised this should go through the public property financing agreement. There was a brief discussion regarding the system, requirements, etc. Mr. Jim Mantos, Motorola Representative was present, explained the pricing and fielded other questions from the Council, stating the fleet equipment could be in within two weeks, but the Centra Com will take about 30-40 days to receive. Motion to accept the proposals and award the contract to Motorola - Gomez; second - Lynch; Motion carried with a unanimous roll call vote. 5. CONSIDERATION OF AUTHORIZING A CONTRACT FOR A CULTURAL RESOURCE SURVEY OF NORTHPOINTE PARK Bob van Til explained that as one of the prerequisites to finalizing a contract with the Texas Parks Department for the development of Northpointe Park, a cultural resource survey must be performed. Mr. van Til stated that this is really a archaeological survey to ensure that any archaeological or cultural materials are protected from the park's constructions. He said it is also performed to determine whether or not there are any archaeological materials present, noting this is a requirement of the Texas Antiquities Code. Mr. van Til said five proposals were received and after review, staff recommends the lowest proposal from Dr. James E. Corbin, Ph.D from Nacogdoces, Texas in the amount of $1050.00, noting this amount will be refunded through the grant. 5 Motion to approve the contract - Gomez; second. Marks. Motion carried with a unanimous roll call vote 6. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR A DECHLORINATION FACILITY AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Mr. Hall advised that bids on this project were opened December 23, 1991 and that the recommendation from staff and the engineers is to award the contract to Control Specialists in Roanoke, Texas. Terry Millican, engineer, was present at the meeting and fielded questions from the Council. Mr. Millican advised the contingency amount is added based on an assumption there will be some changes. Mayor Manning said it is no secret that he would prefer to see us use an ultra violet system, even though they are more expensive. Going on, the Mayor said he is sure the State will come back later and tell us to put the chlorine back that now they want us to take out. He said he is not ready to act on this tonight and would like to discuss it in a work session. Councilman Gomez greed. Motion to postpone until after a work session - Gomez; second - Lynch. Councilman Marks said we have to accept the bids. Mayor Manning disagreed, and Mr. Hall advised we do need to act tonight. Mr. Millican advised the bids will be good for 60 days and reminded the Council of the deadline of April 1, 1992 set by the State. Motion carried with a unanimous roll call vote. 7. CONSIDERATION OF PROPERTY TAX REFUND Motion to approve the refund - Burchard; second - Gomez. Motion carried with a unanimous roll call vote. 10. CONSIDERATION OF SOLID WASTE CONTRACT Mr. Hall stated that in the course of a presentation by Texas Waste Management regarding the annual C.P.I. increase, discussion arose about the expiration of their contract on January 31, 1992. Mr. Hall said he has reviewed past performance by Texas Waste Management and the services provided, stating he also requested a survey of other surrounding cities for similar service and cost of that service. Mr. Hall noted The Colony has an extremely low rate compared to surrounding cities. Going on, Mr. Hall said the competitive bid process could bring about a lower cost, but it could also, cause the cost to be higher than what we presently have. In light of this, Mr. 6 Hall recommended renewing present contract with Texas Waste Management. He introduced Dewayne Pomykal and Becky Miller with Texas Waste Management to answer questions. Mayor Manning said it would be a mistake to change companies now, noting that Texas Waste has always been a good supporter of all the city's activities, going on to say he feels personally it would be a mistake to go out for bids and risk having a higher rate. Councilman Burchard said that after meeting with Mr. Pomykal and Ms. Miller he agrees the rates. Councilman Marks, agreeing with both Manning and Burchard, stated that Texas Waste has always been responsive to problems and that he is very happy with them. Councilman Burchard did suggest that the city consider going from a 60% of the C.P.I. increase to a flat rate. Mayor Manning asked what the C.P.I. has done during recent years and Mr. England said it has gone up but with people off work now, inventories will be up and prices will go down, which will cause the C.P.I. to go down also. Mr. England said there is never too drastic a change in the C.P.I. Motion to renew the contract with Texas Waste Management for another five (5) years - Gomez; second - Burchard. Motion carried with a unanimous roll call vote. 9. CONSIDERATION OF AUTHORIZING A CONTRACT WITH FRIDAy NIGHT LIVE Mr. Hall said this program will answer the need for "something" for kids to do. Pam Nelson, with the Park and Recreation Dept. introduced Dale Oaks and Neal Thompson with Friday Night Live, and stated that she had visited the Piano Recreation Center to observe the program and had been very impressed. Mr. Oaks said this program originated to keep kids off the streets, noting this only for ages 9 - 14, going on to say once the kids are in they cannot leave during the hours of 7:00 p.m to Midnight, every Saturday night. Mr. Oaks went on to say there would adult supervision and on off-duty police officer present at all times. Mr. Oaks said the program provides games, video games, D.J., dance contests and other means of entertainment, stating that when they leave they are tired and entertained. Going on, Mr. Oaks said the cost is $5.50 per person and that a concession area will be set up. Mr. Oaks said there are very few incidents, but noted that kids will be kids and when problems do arise, they are handled immediately and not allowed to continue. There followed a brief discussion regarding the hours and what effect it might have on normal participation. Ms. Nelson advised this program will be on Saturday night, which is not a high use time. Mr. Oaks stated that at 7 first supervisors from the company will be used, but in time, they will try to hire people from The Colony, going on Mr. Oaks said everything is provided by Friday Night Live, Inc., the City will receive a percentage of the take at the door and the center will be cleaned before leaving each week. Motion to approve the contract - Burchard; second - Gomez. Councilman Theri0 asked about term of the contract and Ms. Nelson said it will run through September 30, 1992 and be reviewed before renewing, then if renewed will be for a full year. Councilman Marks said it looks like a great idea. There was a brief discussion regard capacity at the Center and Ms. Nelson advised the gym will hold a maximum of 450 persons. Mayor Manning suggested the funds paid to the city through this program remain in the Park and Rec Department for facility and equipment. Councilman Sharp questioned the number to be allowed, the percentage of the gate and when the program would start, Ms. Nelson said the maximum allowed will be 400, the start date is January 25, 1992 and the percentage paid to the city from the take at the gate is 20%. Mr. Oaks said there will be fliers given to the schools.' James England stated that the contract calls for $600,000 liability and he recommends a minimum of $1,000,000: Councilman Burchard amended his motion to state all revenue will go back to Park and Rec and to require a minimum of $1,000,000 liability; second - Gomez. Motion carried with a unanimous roll call vote. 8. RECEIVE PRESENTATION FROM TOMMY TURNER REGARDING DRAINAGE AREAS Mayor Manning said-he had expressed a concern regarding our drainage areas and asked that the Council receive a complete run-down. Tommy Turner gave a brief summary of how drainage work is accomplished, the priorities in the department, listing 49 areas that need to be addressed. Councilman Marks noted.that Sutton Place, Strickland, Ethridge @ Driscoll and the old Eastvale area are the.. most crucial. Mr. Turner and Mr. Hall agreed, stating that the drainage area on Sutton Place is getting dangerously close to personal property. · Mr. Hall said there is a crew available through the Community Service Restitution (C.S.R.) program that can work that area on week-ends. Mr. Hall said a mat will be put down and rye grass sown to stop erosion. CoUncilman Marks asked if all are handled individually. Mr. Hall said right now, these projects are handled through the line item budget, but staff 8 would recommend allocating funds for items 1, 2 and 4, remembering that the last estimate received for the Strickland area was $78,000. Mr. Hall said it would probably be $100,000 to handle all 3 areas. There was also a brief discussion regarding the bad condition of the grade-all, noting it is down much too often. Councilman Lynch suggested renting a grade-all. Councilman Gomez reminded all that the last time the Sutton Place drainage was discussed, it was the general consensus of the Council that the restricting factor was FM 423 and that a resolution or letter was to be sent to the State asked them to correct the problem. After a brief discussion, the City Manager was directed to send such a letter to the State. Mr. Turner said the work on Sutton Place could begin as soon as the C.S.R. crew is available. Mr. Turner also advised that T.U. Electric has agreed to move the utility pole that is causing a big problem in that area. 11. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES, AMENDING SECTION 6 RELATING TO WATER AND SEWER RATES Mr. England gave a presentation, using overheads, regarding the impact of the proposed rates on customers. (See Attachment "A") Mr. England said with our budget situation, if rates remain as they are the utility fund will be out of money by September 30, 1992. Mr. England referenced a letter from the Texas Water Development Board expressing concerns over our situation, going on to say that we must get the utility system to carry itself, but because of previous Utility District, it has been hard to do that. Councilman Burchard asked how much money would have to generate to keep us out of trouble. Mr. England stated there are many variables, but that we need approximately 2 months operating expenses or approximately $400,000.00). In response to Mr. Weaver's concerns and at the request of Councilman Burchard Bill Hall addressed the $600,000.00 transfer, noting that the one cent tax transfer was for debt service. Mr. Hall said the transfers have been done since the City and the M.U.D. consolidated. Going on, he said we look at each budget year individually and that the transfers are done to cover expenses for services rendered by the General Fund employees for the Utility Fund, using a percentage system. Mr. Hall said a man-hour counting system could be used by that is very time consuming and is not cost effective. Councilman Burchard also asked how much revenue would be generated over the existing rates. Mr. England responded, $250,000 in water and $240-260,000 in sewer. There followed a lengthy discussion between Councilman Burchard and Mr. England regarding the rates, and the comparison with other cities, as well as commercial rates. Mr. England said comparisons have been made in each category to see what the effect on the consumer will be, but he noted again, that water is variable, depending on the weather in the summer and if there 9 is a cool summer, we may not meet the budget. Mr. England said the Fees _. Committee knows this will be hard on people but that the city cannot get in a position to ruin it's credit. Mayor Manning said if the average is around 8000 gallons then perhaps the conservation rate should be raised from 10,000 to 12 or 15,000. There followed a lengthy discussion regarding the tiers as proposed. Councilman Gomez said the committee has worked hard on this and that the numbers should not be adjusted without realizing the effect. Councilman Burchard agreed that the conservation rate should be raised to 15,000. Councilman Sharp said that would give the fixed income customer more flexibility. Councilman Lynch said he would like to see it increased to 12,000 but that he also realizes we (the city) is going down fast and is inclined to leave it as it is, stating it would be a gamble to change anything from the proposal. Councilman Gomez said the committee was tasked to look at the facts and now the council is talking on speculation, and agreed with Councilman Lynch, going on to say we must act now. Motion to approve the rates as recommended by the committee - Gomez; second - Lynch. Councilman Burchard said he would like to see the level raised to 15,000. Motion to amend the original motion to raise the conservation level from 10,000 to 15,000 gallons, contingent upon feed-back from Mr. England regarding impact - Burchard; second. Sharp. Councilman Therio said it would mean an approximate $7000.00 per month loss. Councilman Gomez again stated this is speculation only and doesn't compare to the actual documentation. Mr. England said there are too many variables to know the true impact of the change to 15,000. Councilman Sharp called the question on the amendment to the motion. The vote was taken on the motion to raise the conservation rate from 10,000 to 15,000 and carried as follows: Lynch - No; Sharp - Aye; Therio - No; Burchard - Aye; Gomez - No; Marks - Aye- Manning - Aye. Vote on the original motion was then taken and carried with the following vote: Lynch - Aye; Sharp - Aye; Therio - Aye; Burchard - Aye; Gomez - No; Marks - Aye- Manning - Aye. 12. COUNCIL COMMITTEE REPORTS 10 ANIMAL ORDINANCE, TAX ABATEMENT, STUDY S.U.P. Councilman Therio reported the Animal Ordinance Committee will be meeting in the very near future. 13. CITY MANAGER'S REPORT 1. Animal neutering legislation passed and was effective January 2, 1992. 2. Josey Lane extension is moving closer. The property owner wants a signal light at the intersection of her property and the extension, which will cost approximately $18,000 to $25,000. Hebron, Carrollton and The Colony are involved in this and we need letters to the Highway Department requesting that they comply with the property owner's request. If the State will not do it, then perhaps the cities will join to have the light installed. Council all agreed to that possible solution. 3. In regard to the negotiations with Plano regarding the property south of 121, Plano is not receptive to our first offer. Suggest a 50/50 split as our final offer, with no out of pocket money from the City of The Colony. All council agreed. 4. Bob van Til said Judy Talbot had applied for funds in the amount of $50,000 from the Jane Doe Foundation to enhance the Animal Shelter. Recently received was a check for $3000.00 from that foundation which will be used for stainless steel partitions and an air conditioner. 5. Annual Christmas tree chipping program is underway now through January 18, 1992. The following two items were not addressed. 14. EXECUTIVE SESSION AS AUTHORIZED BY ARTICLE 6252-17 V.A.C.S, SECTION 2G, REGARDING PERSONNEL, TO-WIT: A. POLICE DEPARTMENT 15. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE EXECUTIVE SESSION With no further business, Mayor Manning adjourned the meeting at 10:28 p.m. 11 APPROVED: William W. Manni~ ATrEST: Patti A. Hicks, CMC City Secretary 12' EXHIBIT "A" (1) CITY OF THE COLONY WATER RATE ANALYSIS February, 1985: $ 10,00 minimum 2,000 gallons 1,65 per thousand Effective June, 1990: $ 10,00 minimum 2,000 gallons 2,10 per thousand EXMIBIT "A" (2) 1991-92 ANNUAL BUDGET ~ UTILITY FUND SUMMARY 1989-90 1990-91 1991-92 ACTUAL PROJECTED BUDGET REVENUE CLASSIFICATION WATER SERVICE $1,926,747 $2,150,000 $2,350,000 SEWER SERVICE 1,146,799 1,300,000 1,400,000 RECONNECT FEES 10,220 10,000 10,000 PENALTIES 59,770 60,000 60,000 TAP CONNECTION FEES 14,727 6,000 5,000 VEHICLE SERVICES 119,900 105,000 100,000 INVESTMENT INCOME 72,3].2 100,000 45,000 MISCELLANEOUS 14,239 49,000 10,000 TRANSFER FROM LAND FUND 0 100,000 0 TOTAL $3,364,714' $3,880,000 $3,980,000 EXPENDITURES WATER $1,218,586 $1,310,040 $1,388,580 WASTEWATER 606,185 605,090 690,910 UTILITY ADMINISTRATION 536,186 449,280 477,990 VEHICLE MAINTENANCE 238,497 230,030 250,430 TAX OFFICE 96,688 67,560 72,090 CAPITAL OUTLAY 25,775 18,000 0 TRANSFER TO GENERAL FUND 600,000 600,000 600,000 DEPRECIATION EXPENSE 0 100,000 0 TRANSFER TO DEBT SERVICE 0 900,000 800,000 TOTAL $3,321,917 $4',280,000 $4,280,000 FUND BALANCE $700,000 $300,000 * S0 .... · INCLUDES PARTIAL ANNUAL DEPRECIATION EXPENSES. -35- EXHIBIT "A" (3) CITY OF THE COLONY UTILITY ADMINISTRATION WATER RATE ANALYSIS JANUARY, 1992 SUGGESTED WATER RATES CONSUMPTION RATE MINIMUM 0 - 2,000 $10.00 MINIMUM NEXT 2,000 - 10,000 $2.40 PER 1,000 OVER 10,000 $2.90 PER 1,000 EXISTING SUGGESTED 1990-91 1990-91 PERCENT MONTH RATE RATE INCREASE OCTOBER, 1990 $185,073 $207,384 12.0G% NOVEMBER, 1990 177,258 197,531 11 44% DECEMBER,' 1990 146,304 158,828 8 56% JANUARY, 1991 150,858 162,015 7 40% FEBRUARY, 1991 144,329 155,708 7 88% MARCH, 1991 131,465 139,912 6 43% APRIL, 1991 160,761 176,391 9 72% MAY, 1991 161,390 176,801 9 55% JUNE, 1991 172,590 192,481 11 53% JULY, 1991 242,751 256,358 5 61% AUGUST, 1991 252,447 325,237 28 83% SEPTEMBER, 1991 182,225 205,910 13.00% TOTAL $2,107,451 $2,354,556 EXHIBIT "A" (4) CITY OF THE COLONY UTILITY ADMINISTRATION WATER RATE COMPARISON JANUARY, 1992 CONSUMPTION CURRENT PROPOSED IN GALLONS RATE RATE 2,000 $10.00 $10.00 6,000 18.40 19.60 10,000 26.'80 29.20 15,000 37.30 43.70 20,000 47.80 58.20 EXHIBIT "A" (5) CITY OF THE COLONY SEWER RATE ANALYSIS Original rate: $ 11,50 (flat rate) Effective June, 1990: $ '9,00 minimum 2,000 gallons 2,00 per thousand gallons based on three month water usage average Effective September, 1990: $ 8,00 minimum 2,000 gallons 1,50 per thousand gallons based on three month water usage average EXHIBIT "A" (6) CITY OF THE COLONY UTILITY ADMINISTRATION SEWER RATE ANALYSIS DECEMBER, 1991 SUGGESTED SEWER RATES CONSUMPTION * RATE MINIMUM O - 2,000 $10.OO MINIMUM OVER 2,000 $2.00 PER 1,OOO * CONSLIMPTION IS BASED lIN THREE (3) MONTHS WINTER WATER USAGE EXHIBIT "A" (7) CITY OF THE COLONY UTILITY ADMINISTRATION SEWER RATE COMPARISON JANUARY, 1992 CONSUMPTION CURRENT PROPOSED IN GALLONS RATE RATE 2,000 $8.00 $10.00 'l 6,000 14.00 18.00 " 10,000 20.00 26.00 15,000 27.50 36.00 20,000 35.00 46.00