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HomeMy WebLinkAbout04/05/1993 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON APRIL 5,1993 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 5th day of April, 1993, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Present Billy Sharp, Councilman Present Joe Agnew, Councilman Present Tom Bogan, Councilman Present John Dillard, Councilman Present Joel Marks, Mayor Pro-tem Absent and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Morris Seay, 4920 Ward, representing The Colony Library Foundation, invited the Council to the kick-off banquet to be held at 7:00 p.m. on April 16, 1993 at The Colony High School Cafeteria. Lou Gomez, 5081 Shannon, gave Councilman Lynch a packet of information and proceeded to state his presentation is a formal complaint against Councilman Lynch with regard to his (Lynch) behavior at the Las Vegas Night fund raiser held by the Chamber of Commerce on April 3, 1993. Mr. Gomez stated the function, which was attended by several council candidates, was not very enjoyable due to the deplorable conduct of Councilman Lynch. Mr. Gomez said the Councilman was rude to anyone wearing a campaign button of his opponent and that he made several sexist remarks about the opponent. Mr. Gomez concluded by demanding Councilman Lynch be publicly reprimanded, that he (Lynch) publicly apologize for his behavior and that he seek counselling. Councilman Lynch thanked Mr. Gomez for his comments, and thanked the Mayor for bending the rules to allow a personal attack on a member of council. Councilman Lynch also said the incident would have been worse, had he accepted the invitation to go outside from another councilman and Mr. Gomez. 00475 3. RECOGNITION OF MEMBER OF THE COLONY VOLUNTEER FIRE DEPARTMENT George Witkovsky, a 15 year member of The Colony Fire Department, as a volunteer, was honored for his service. Mayor Manning presented Mr. Witkovsky with a beautiful plaque and thanked him for his dedication. 4. MAYORAL PROCLAMATION DECLARING NATIONAL LIBRARY WEEK Mayor Manning read the proclamation in its entirety as follows: WHEREAS, libraries play an essential role in our society by empowering people of all ages and backgrounds to lead better lives; and WHEREAS, libraries help millions of people each day to learn and grow, to prosper and achieve their goals; and WHEREAS, librarians, staff, and volunteers in school, college, public and special libraries help to ensure the public's right to access the information they need to live successfully in the Information Age; and WHEREAS, America's libraries are vital to a literate, productive and democratic nation; and WHEREAS, libraries and library supporters across America are celebrating National Library Week with the theme "Libraries Change Lives" NOW THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Texas do hereby proclaim the week of April 18 - 24, 1993 to be NATIONAL LIBRARY WEEK and encourage all residents to use the resources of their libraries for the purpose of improving the quality of their lives and to join me in thanking everyone who serves in our libraries for their contributions to our community. Joan Sveinsson, Library Director accepted the proclamation and stated there would be many special events happening at the Library during this week, noting there would be a special guest on April 24, 1993 from the Texans Living History Association; Davy Crockett. 4 00475 5. ANNOUNCEMENT OF THE WINNER OF THE "NAME THE NORTHEAST REGIONAL PARK" CONTEST Sylvia Brantley thanked Cathy Wood for her work in coordinating the contest, which drew 28 entries. The judges of the contest Dee Cole, Joe Agnew and Carolyn Rapisarda chose the entry of Ms. Gail Snider as the winner. The park will be named the BILL ALLEN MEMORIAL PARK, in honor of Bill Allen, President of the North Dallas Division of Centex Real Estate Corporation, who was killed in a car accident recently. Ms. Snider was presented with a prize of a $100.00 savings bond. 6. PUBLIC HEARING REGARDING LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN AND IMPACT FEES Motion to open the Public Hearing - Sharp, second - Agnew. Carried with all ayes. Bob van Til stated that impact fees have been in place since 1989, and made a presentation regarding the revisions to the impact fee ordinance stating there are four steps, the first of which is to present the Land Use Assumptions and the Capital Improvement Plan to the Council. Mr. van Til noted this was done on January 18, 1993. The second step was for the council to call a public hearing, which was done on February 1, 1993, and third is the public hearing itself. The fourth step is the formal action of the COuncil to adopt the amended Impact Fee Ordinance. This must be done within 30 days after the hearing is held. Mr. van Til outlined the current impact fees charged to new development and stated the Land Use Assumptions Plan estimates, that of the approximately 3600 vacant acres, 1800 acres will develop. The plan estimates that over the next ten years about 1014 acres of commercial land will develop and about 780 acres of residential property will develop, all of which will bring approximately 26,000 more people to the City. Going on, Mr. van Til said this data is the backbone of the Capital Improvements Plan, which has revealed that approximately 564,000 gallons of elevated water storage capacity and an additional 1,700,000 gallons per day wastewater treatment will be needed over the next ten years. The recommendation by staff is as follows: Water 1. Commercial $525/acre 2. Residential $125/d.u. (dwelling unit) Wastewater 1. Commercial $1895/acre 2. Residential $ 450/d.u. 5 004753 Mr. van Til went on to say the fees are charged new developments to help pay for __ capital improvements which are needed to support the new development. He said the money is not put into the General Fund, but is placed in escrow funds and is kept ten years, drawing interest. Mr. van Til noted that if the money is not used after ten years, the owner can petition the city for a refund. Councilman!Lynch asked how much is in the fund ready for refund now. Mr. van Til said since the fees have only been in place for 3 years, there is nothing ready for refund. Councilman Lynch said if we give a discount of $1.3 million, the existing homeowners will be subsidizing the difference and with the proposed 18% tax abatement, the tax payers will be paying more. Mayor Manning said we have to look at the potential tax revenue from commercial development, which should more than offset the difference. Councilman Bogan said Mr. van Til has done a good job of getting comparisons and that we need to look at those. Mr. van Til, in response to a prior questions of Councilman Lynch, said 5 cities charge a thoroughfare impact fee, but that he found no drainage impact fees in any city. Councilman Lynch said he was thinking traffic impact fees could help offset the costs of signal lights, and would like to see something put in the plan for that. Councilman Lynch said he would also like to see a higher fee on new homes so that existing homeowners don't have to pay more. Toby Pollard, 5401 Sutton Place, addressed the possible tax advantage when new businesses come in but also said the bulk of the $1.2 million comes from the residential side and said we need to combine this with tax abatement in a comprehensive plan. Mr. Pollard ~-~ said he thinks it is time to give the homeowners and businesses a break, but we need to do it thoughtfully. Mayor Manning said tax abatement is not a definite thing, noting each case is taken on its own. Ken Wood, 5000 N. Colony Blvd., said we all share the burden of taxes no matter what service we use, and said he doesn't want to see taxes go .up, but also doesn't think new residents should pay any more than existing residents. Motion to close the Public Hearing - Bogan, second - Lynch. Carried with all ayes. 7. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD MARCH 8, 15, 22 AND 29, 1993 Motion to approve the minutes as written - Agnew; second - Bogan. Motion carried with a unanimous roll call vote. B. CONSIDERATION OF RENEWAL OF THE CONTRACT WITH THE AQUA CATS SWIM TEAM Motion to approve :the contract as written - Agnew; second - Bogan. Motion carried with ~ a unanimous roll call vote. C. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE CONSTRUCTION OF A COURTESY DOCK AT STEWART CREEK PARK AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Councilman Lynch said the overall cost is up to $9300.00 and we thought it would be around $5900.00. He noted this does not include any staff costs, that we only got one bidder and suggested we bid again. Ms. Brantley said staff can do the work, and that we will need to pour a sidewalk. Councilman Agnew noted that funds for this project are from Stewart Creek Park revenue and must be spent on improvements to the park. James England said there is approximately $50,000 in the fund that is !not appropriated. Councilman Agnew said it would take about 3 weeks to go out to bid again, and that he is in favor of moving ahead with this contract. Mayor Manning asked if the funds were earmarked and Ms. Brantley said for the courtesy dock, courtesy pads, and eventually bathrooms. Councilman Bogan said the park is a high use area and that we are obligated to spend the money to improve the park. Councilman Lynch agreed, but stated he also wants to see toilet facilities improved. Motion to accept the bids, and award the contract to Dockside as recommended - Sharp; second - Lynch. Motion carried with a unanimous roll call vote. D. CONSIDERATION OF A RESOLUTION AMENDING RESOLUTION NO. 90-11 RELATING TO TAX ABATEMENT Councilman Sharp stated this is important to the City, and that the plan has been revised and made more professional. He said tax abatement ranges from 2 - 10 years depending on the size and type and from $3 million to $125 million, noting the amount is very negotiable, and that the percentage ranges from 1% to 30%. The Councilman said he would rather see businesses come into the city and receive 70% than to have the businesses go elsewhere and the city receive nothing. Councilman Lynch said this is done case by case and we need to be careful. Councilman Agnew, who sat on the committee, said they looked at what our neighbors are offering, noting we must be competitive, and that we need to move forward. Mayor Manning asked that a provision be added for the city to recoup it's money, if a business does not meet expectations. Bill Hall stated the maximum we would lose would be one year at a time, because abatement is given one year at a time. Councilman Bogan said this was originally designed for major corporations and there have been none interested in our city, and now the plan is designed more realistically for The Colony, by appealing to small to mid-sized businesses. Councilman Dillard said this is obviously very important and feels the citizens need to have some input. 7 00475b Motion to postpone for public forum at the next council meeting - Dillard; second - Lynch. Councilman Lynch said he is not anti-business, but we need to keep track of these things we are giving away. Motion carried with a unanimous roll call vote. 8. CONSIDERATION OF A RESOLUTION ESTABLISHING A COUNCIL LEGISLATIVE COMMITYEE Mayor Manning advised he asked for this resolution to be drafted, to keep council from hashing out details at the council meetings. Councilman Lynch recommended adding one citizen to the committee. Councilman Bogan recommended leaving the system as is, without a committee, so that all the council can discuss ordinances or resolutions when they come up. Mayor Manning said this is not meant to remove discussion, but to get ordinances to the council that are more agreeable to all. Councilman Lynch asked when the committee would be in effect and how it would affect current committees working on ordinances (Animal Control). Mayor Manning said this will be in effect immediately, but it will not affect the current committee work. Councilman Agnew, opposed the resolution, stating that changes could be made before the whole council sees an ordinance, and perhaps the rest of the council would not have made the changes. Councilman Agnew agreed the discussions were sometimes long, but feels things should be left as is. Councilman Bogan stated now each councilman has the opportunity to review ordinances. Motion to approve the resolution as amended, by adding one citizen, - Dillard; second - Lynch. Councilman Lynch agreed with Bogan and Agnew, but said the ordinances can be prepared with the original draft and the changes so the whole council can review the entire document. Councilman Lynch asked if this is to be a standing committee or a committee to be appointed by the Mayor to review particular ordinances as they arise. After a brief discussion, it was determined this would not be a standing committee. Motion amended to alter the last section to reflect the committee will be appointed as necessary - Dillard; second - Lynch. Motion carried with the following roll call vote: Lynch - Aye; Sharp - No; Agnew - No; Bogan - Aye; Dillard - Aye; Manning - Aye. 8 0047SG 9. CONSIDERATION OF AUTHORIZING THE EXPENDITURE OF FUNDS FOR RE-PLASTERING THE OUTDOOR LAGOON AT THE COLONY AQUATIC PARK Bill Hall advised this work was originally scheduled for the 91-92 fiscal year, however due to budgetary constraints, the project was postponed. Again in the 92-93 fiscal year, $8700.00 was allocated for this project but again, Council asked Ms. Knox to seek alternatives. Mr. Hall went on to say this work needs to be done before the start of this summer season and requested approval to go out to bid for the contract. Councilman Bogan asked what would happen if this is not done, and Elise Knox stated the problem will continue to get worse. She noted that there have always been portions of the lagoon that did not adhere well and they have been patched. She said if the work is not done, the problem will get worse and the cost will go up. Councilman Dillard asked when this will need to be done again, and Ms. Knox said probably every other year. Ms. Knox went on to advise the council of new products which would be valid alternatives to re-plastering. She said fiberglass will last approximately 25 years and will cost about $16,000, while ceramic is guaranteed for a lifetime and costs about $20,000. Ms. Knox recommended having the lagoon re-plastered this year and then in two - three years using one of the alternatives. Motion to authorize advertising for bids to re-plaster the outdoor lagoon - Lynch; second - Sharp. Motion carried with a unanimous roll call vote. 10. CONSIDERATION OF AUTHORIZING THE EXECUTION OF THE CONTRACT FOR THE CONSTRUCTION OF A GOLF COURSE ON WYNNEWOOD PENINSULA ~ Mayor Manning said he is very excited about this project, noting that about 2 years ago, he appointed a committee to try to get a golf course to The Colony. Mayor Manning thanked Councilman Bogan and Jim Wallace for their work on this project, and said he hopes this can be approved this evening. The Mayor said this will be at no cost to the city, but that we will definitely get something in return, going on to say this will be a first class operation. Bill Hall pointed out the drawing of the Wynnewood Peninsula Golf Club presented by the Lake Dallas Golf Corporation. Mr. Hall said Mr. John Young, principal of the corporation has agreed to one minor change in the contract on page 6, which will allow the city to receive 1% of the gross cart rentals in the first and all subsequent years. It was noted that Councilman Lynch had brought this up in early discussions with Mr. Young, but that it was left out of the contract. Motion to approve the contract for a golf course on Wynnewood Peninsula - Sharp; second - Bogan. Motion carried with a unanimous roll call vote. 00475', 11. CONSIDERATION OF APPROVAL OF A RECOMMENDATION FROM THE FEES COMMITTEE RELATING TO VARIOUS MUNICIPAL FEES Bill Hall advised that the Fees Committee had met with select Department Heads to review and discuss several adjustments to the city fees. Those areas addressed were: Utility Department - new customer deposits and returned check charges; Animal Control - animal registration fees; Inspections - Certificate of Occupancy fee; Library - overdue material fees; Fire department - commercial building fire inspection fee, ambulance transport fees and subscription ambulance service. Councilman Bogan said he agrees with all the fees presented but thinks it is unfair not to refund a deposit to a water customer until the customer moves out, going on to say the deposit should be refunded in one year, as long as the customer pays his bills on time. Jackie Carroll noted that currently, the deposit is refunded in two years, if the customer does not have any disconnect notices on his record, noting however, the customer can be late every month and still get the deposit refunded. Councilman Bogan said if they pay late, they should not get the refund. Councilman Agnew agreed if the customer pays on time for 36 months with no delinquent notices the deposit should be refunded. Councilman Sharp said he is not opposed to refunding the deposit in two years with no delinquent notices. All agreed with 2 years. Councilmanl Dillard said we have a problem with registering animals now, and if we raise the fee we will have more problems with non-compliance. Mayor Manning said he doesn't think it's the money, but the inconvenience. Discussion followed regarding making registration easier for citizens. Councilman Lynch suggested pulling this from the recommendations since the Animal Ordinance Committee is currently working on changing the ordinance and the registration process will be included in those changes. All agreed. Very little discussion regarding the other recommendations. Motion to approve the recommendations of the committee with changes: eliminate animal registration fee and refund utility deposits after two years if no delinquent notices - Agnew; second - Sharp. Motion carried with a unanimous roll call vote. 12. DISCUSSION OF A PROPOSAL TO INITIATE SUBSCRIPTION EMERGENCY MEDICAL SERVICES Bill Hall stated there had been extensive research in this proposal, and that this is essentially an insurance policy that citizens can subscribe to for approximately $5.00 - $7.00 per month. The service will cover 3 ambulance transports per calendar year, for emergency medical response only. This does not included non-emergency transports. Mr. Hall said this will be strictly voluntary and that all funds received through the subscriptions will be ear marked for fire equipment purchase. Mayor Manning asked why the funds did not have to go into the General Fund. Bill Hall said this is a voluntary subscription and those subscribing will do so knowing the money is being placed in a special fund for emergency equipment. Mr. Hall noted the ambulance fees charged for regular transports to those "-"' 10 persons not subscribing, will go into the General Fund. Chief Van Morrison recommended increasing the regular transport fee for non- subscription service to $300.00 per transport, stating the average in other cities is $300.00 to $500.00. Councilman Sharp recommended holding a public hearing regarding this issue. Chief Morrison said he would like to visit with the civic organizations to explain the service and to let them know this is a good opportunity to support the Fire Department. Chief Morrison noted that both engines in the department are 15 years old, first response ambulance is 5 years old and the second response ambulance is 11 years old. Chief Morrison said the City of Highland Village has been doing this for several years, however, it is not promoted and it is not supported very well. The Chief credited Jay Petty with the initial idea. He said last year there were over 600 calls for an ambulance and over 300 of those were transported. Lt. Kenny Adamcik reported to the council regarding current costs of equipment, stating a fire engine fully equipped costs $275,000, which can be financed with 20% down, 7 year pay off at $41,000 per year. Lt. Adamcik said an ambulance costs $110,000 and the same financing is available, with no down payment. Councilman Sharp agreed this is a good, innovative way to raise funds, but cautioned the council on committing to a long term note. Mayor Manning said we would need 10% participation at $5.00 to raise enough money. Lt. Adamcik mentioned the down payment would not be due until 18 months from the order date since it takes such a long time to custom build the equipment. This item will be on the April 19, 1993 agenda for more public input. 13. CITY MANAGER'S REPORT 1. Paige Road Drainage project is complete and has worked well so far. The cost was $6800.00 and we are to receive $5000.00 from IBM which will make our net cost $1800.00 2. The 3 million gallon ground storage tank repairs have begun. The insurance company would not pay for the repairs. The soil underneath the tank looks stable. It is hoped the tank will be back on line in 2 - 3 weeks. 3. The contractor for the painting of the elevated storage tank has not started due problems in getting all the equipment. When they start, staff will be sure they work 7 days a week until they are finished. There was lead in the tank and it will be disposed according to hazardous material disposal requirements. All residents in the area have been notified. 4. The police car which was sent to TDC for repair is back and looks great. The car was repainted, reupholstered, got a new dash and a tune up for less than $1500.00. The usefulness of the car has been extended about 2 years. 5. Another police officer is leaving. This is within 60 days of the last advertisement so we will be pulling applications from that file without advertising. 11 004750 6. We have been approved for a recycling grant from the Texas Water Commission for oil, freon, tire and battery recycling, in the amount of $65,000. With no further business to address, Mayor Manning adjourned the meeting at 9:58 p.m. APPROVED: ~]~iam W. Manni~ ATI'EST: Patti A. Hicks, CMC/AAE, City Secretary 12 004760 EXHIBIT "A" A. The present Utility deposit for new residential connections be increased from the present $45.00 to $65.00, and that in accordance with cities surveyed, this deposit not be refundable until the account is closed and all outstanding charges are satisfied. The present Utility deposit for new commercial connections be increased from the present $45.00 to a minimum of $100.00, or to an average water bill of a comparable business. ' · · . . The present returned check (N.S.F.) fee of $15.00 be increased to $25.00 · '. ---~,- re~i~h:a-don roes be~incr~d rio,., thc -~- -- ~", ,,,~ ~c-scn, ,.,.,,,, pc, r ycar t,, "~ '~ar-'l~-qmimaI' i ,o .... per C. The present Certificate of Occupancy Inspection fee of $25.00 be~ increased to $30.00, and that the reinspection fee of $20.00 be eliminated. D. Library recommendations are to increase maximum fines on materials from $5.00 to $10.00. · Table 1 E from $12.00 to $14.00 J Fiction from $12.00 to $14.00 Y.A. Fiction from $12.00 to $14.00 Non-fiction: Hardbound from $20.00 to $22.00 Paperbound from $10.00 to $12.00 Adult Fiction from $18.00 to $19.00 E. Within the Fire Department - under present policies the Fire Marshal conducts an initial and follow-on annual fire inspections of all commercial establishments free of charge. It has been recommended that a charge of $30.00 per inspection be initiated for these inspections .... · Subscription Ambulance Service - Please refer to the attached memorandum from Chief Morrison, and spec~cally the transcript of a meeting subsequently held with staff on thi.q proposal.