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HomeMy WebLinkAbout08/14/1995 City Council00578 MINUTES OF THE CITY COUNCIL MEETING HELD ON AUGUST 14, 1995 The Special Session of the City Council of the City of The Colony, Texas was called to order at 6:40 p.m. on the 14th day of August, 1995, at City Hall. ROLL CALL William W. Manning, Mayor Absent (vacation) Bill Longo, Councilmember Present Mary Watts, Councilmember Present Kay Hardin, Councilmember Present Rob Burchard, Councilmember Absent (business) John Dillard, Councilmember Present David Heiman, Councilmember Present and with five present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. REVIEW AND DISCUSSION OF OPTIONS FOR AMENDING THE COMPREHENSIVE PLAN The City Council will receive a presentation from the City Planner, Sam Chavez, outlining options for amending the Comprehensive Plan for the City. Mr. Chavez stated that he had spoken with two firms regarding the development of a Comprehensive Plan for the City. J.T. Dunkin and Associates and Newman-Jackson were both contacted. The cost estimates were comparable at around $40,000 to $80,000. The actual cost will depend on the scope of the project. The first step of the project will take time and that is to build a consensus between council, P & Z, developers, citizens and staff. After that is accomplished there would be a better estimate on cost and time frame for completion. Mr. Chavez went on to say that it is important that we look at the entire city, not just the undeveloped land, and he estimated the entire project will take one and one-half to two years. Mr. Smith reminded council that when the Dal-Mac zoning case came before them last year, they considered J.T. Dunkin & Assoc. as a consultant, but chose to go with Robert Reeves instead. At that time, council had stated Mr. Dunkin's firm would be a good one to consider for future projects. Mr. Smith said lots of people can do this work, but J.T. Dunkin has good experience in this area and has the ability to step in and get started. $50,000 has been added to the 1995-96 budget to start on this project, which can be completed in phases. More money can be put in next year's budget for completion. Mr. Chavez recommended using J.T. Dunkin & Assoc. for this project, stating he (Dunkin) is aware of the potential development in our city and of how the city functions. He has experience in municipal planning and would be an excellent choice. Councilman Longo asked how long it would be before P & Z can do their job and 2 Mr. Smith replied they can do their job now under direction from the council. He said we need to proceed with business as usual and be cautious, but the job can be done. Mr. Chavez said staff is in the process of reviewing the zoning ordinance and is trying to catch up with what the market is demanding in our city. He said he thinks the consensus could be reached in 6 months with proper education, articles in the paper, public hearings, and meetings with various city organizations. Mr. Smith told the council how important it is to develop leadership in our community. He said there are lots of people who are capable to taking a leadership role, but it is usually the same few that step up (and do the work). He said we need to draw out those people who are not participating and encourage them to take a more active role in leadership in The Colony. Mayor Pro-tem Dillard directed staff to bring a proposed agreement with J.T. Dunkin and Assoc. back on the next agenda along with a discussion of the make up of the committee who will participate in the consensus building for this plan. 3. CONSIDERATION OF AN ORDINANCE CANVASSING AND DECLARING THE RESULTS OF AN ELECTION HELD ON THE 12TH DAY OF AUGUST, 1995 IN THE CITY OF THE COLONY Mayor Pro-tem Dillard read portions of the ordinance as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD IN SAID CITY ON THE 12TH DAY OF AUGUST, 1995, FOR THE PURPOSE OF AMENDING THE HOME RULE CHARTER OF SAID CITY; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the election returns duly and legally made showed that there were cast at said election 162. valid and legal votes, and that each of the propositions in said election received the following votes: PROPOSITION NO. 1 Shall Section 2.04(b) of the Charter be amended to provide that the mayor or council members must be removed from office upon conviction of a felony or a Class A misdemeanor? For 143 Against 19 PROPOSITION NO. 2 Shall the Charter be amended by the deletion of the phrase in Section 2.04(b) related to delinquent indebtedness by the mayor or council member to the city being a reason for removal from office? For 87 Against 74 PROPOSITION NO. 3 3 005785 Shall Section 2.04(c) of the Charter be amended to provide that the mayor or council member who seeks election to another seat on the Council shall resign his current position effective the date of election and to provide that the mayor or council member who seeks election to another public office in the State, shall resign his position as of the date of being sworn to that office? For 105 Against 56 PROPOSITION NO. 4 Shall Section 2.06 of the Charter (lst paragraph) be amended to provide that a single vacancy in the council or the office of mayor shall be filled within forty-five (45) days of occurrence of the vacancy and that such appointee shall serve for the remainder of the unexpired term for such office? For 135 Against 27 PROPOSITION NO. 5 Shall Section 3.02 of the Charter be amended to provide that the franchise power of the council includes cable television and all public utilities as required by applicable law? For 128 Against 31 PROPOSITION NO. 6 Shall Section 3.07 of the Charter be amended to provide that no member of the council or the mayor may become an officer or employee of the city within two (2) years after vacating office? For 129 Against 31 PROPOSITION NO. 7 Shall Section 4.06 of the Charter be amended to provide that the city manager and the city secretary be required to live within the city limits? For 118 Against 44 PROPOSITION NO. 8 Shall the Charter be amended by the deletion of Section 4.10 Department of Police as all administrative departments of the City are provided for elsewhere in the Charter? For 111 Against 46 PROPOSITION NO. 9 Shall Section 7.01 of the Charter be amended to require that the general city election be held annually on the date prescribed by the Texas Election Code? For 151 Against 11 PROPOSITION NO. 10 4 005780 Shall Section 7.07 of the Charter be amended to provide in the recall procedure for an initial affidavit; issuance of the petition blanks by the city secretary; return of the petition within forty-five (45) days of its issuance? For 135 Against 25 PROPOSITION NO. 11 Shall Section 9.01 of the Charter be amended to provide that the council may contract for tax collection services? For 115 Against 45 PROPOSITION NO. 12 Shall the Charter be amended by the deletion of Section 9.08 Board of Equalization; Section 9.09 Increase of Assessment by Board; and Section 9.10 Records: Certification and adoption? For. 110 Against 45 WHEREAS, Propositions 1,2,3,4,5,6,7,8,9,10,11,12 received a majority of the votes for the propositions; NOW, THEREFORE, BE IT AMENDED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 3. That the following propositions are declared passed and the Home Rule Charter of the City of The Colony, Texas, shall be amended accordingly: Propositions 1,2,3,4,5,6,7,8,9,10,11,12 PASSED AND APPROVED this 14th day of August, 1995. Motion to approve the ordinance as written - Longo; second - Heiman, carried with a unanimous roll call vote. At this time, Mayor Pro-tem Dillard asked for a motion to close the Special Session and move to the Work Session. Councilman Watts made the motion, it was seconded by Councilman Longo and carried with a unanimous roll call vote. 7:15 p.m. 5 4. WORK SESSION TO DISCUSS THE 1995-96 PROPOSED BUDGET WITH REGARD TO -- CAPITAL EXPENDITURES AND CAPITAL PROJECTS Mr. Smith advised the capital expenditures list has been amended according to comments at the budget retreat and he noted that the tax roll has increased from $554,000 to $594,000. He and Mr. Johnston asked the council to consider reducing the tax rate from 80 cents to 79.5 cents. He explained that because of the formula required for allocation of taxes, the one-half cent could not be used to provide services to the citizens. Instead it would have to be put into debt service and at this time, we do not need any more money going into debt service. Mr. Johnston agreed and went on to hand out the updated capital expenditures list. He also said that it will be staff's recommendation to go out for a bond issue next year to pay for the capital projects needed in the city. He named a few; streets, water in Eastvale, overhead storage. Mr. Johnston said that because we already have enough money going into debt service, he does not anticipate a tax increase to pay for the bonds. Mr. Johnston went on to say the budget is still balanced and now the council needs to settle on how to fund the capital expenditures. Comments and questions regarding the items on the capital expenditures list are as follows: Ten push bumpers were added at Councilman Longo's request during the retreat. Also at his request, an option was added to purchase two motorcycles and one vehicle, instead of the original request for two vehicles in the Police Dept. The two vehicles are for two new officers to be funded through grant programs. At this time, the council discussed the 79.5 cent tax rate and the effect of that decrease to the homeowner. It was noted that since the valuation of property had gone up this year, that homeowners would not really be paying any less in taxes. Discussion regarding a 1/2 cent sales tax and the effect that would have on the ad valorem. Mr. Smith noted that passing a 1/2 cent sales tax to lower ad valorem would not save the homeowner anything, because it would just be taking it from another pocket. The same persons would be paying the money either way. Further comments and question on the Capital expenditures: Mr. Johnston explained that staff had already cut the requests down to $390,000. He said if the council approves this list of expenditures, they can be funded by reducing the reserve from 47 days to 30 days (or 8%), which is equal to about $500,000. Doing this will leave approximately $281,000 in reserve and that money can be used to pay for most of the capital expenditures this year. The remaining $109,000 can be paid for by borrowing the money. Mr. Smith advised the council again that the Southwestern Bell money from the settlement is not included in this budget. It was staff's understanding from the budget retreat that this money should be used to purchase seven police vehicles and one ambulance, therefore the seven cars and ambulance are not included in the capital expenditures list. Staff is still looking for ways to finance motorcycles. Councilman Longo asked if the Police Department has a plan on how the motorcycles would be used and 6 008786 Chief Stewart said they do not, but noted the main function would be to work traffic. Councilman Longo suggested that the motorcycles be pulled from this budget and postponed until next year and that they be presented with a complete plan. Mayor Pro-tern Dillard and Councilman Hardin said the cars are more needed than the motorcycles. Councilman Heiman said to leave the choice to the Police Chief, but did say he thinks we should consider motorcycles at some time. Councilman Watts suggested leaving the option as it is until the next budget work session. Council again discussed the reserve fund regarding how much should be in reserve, if it should be built up each year and how the land fund should be used. The Land Fund is approximately $900,000 and Councilman Heiman suggested that it should be used for some of our needs. Mr. Smith reminded council that we need to set aside approximately $500,000 to $600,000 in case we need it for R.O.W. acquisition for the extension of Main Street and Josey Lane. Mr. Smith advised the council that during the 1994-95 budget sessions, they had directed him to work toward building a reserve of $500,000 in each fund over a three year period. He said we have already reached that and more. Our financial advisors and auditors recommend starting out with a 30 day operating reserve which is equal to 8% or $500,000. Since we already have that amount in each fund, staff recommends using the balance to fund our capitals this year. It will be up to the council to set a policy regarding how to build that fund over the next few years. Councilman Hardin asked why we would build up the reserve just to spend it. Mr. Smith explained the reserve was not built up, the money was already there, it just was not possible to see it until Mr. Johnston came on board and cleared up the funds. Councilman Hardin suggested that we should use only the difference of $281,000 to buy capitals and anything over that should be scratched. She said that during last year's budget sessions the council was not allowed to cut anything from the requests and she wants staff to bring back an option showing cuts on the list. Councilman Longo said he wants to forget the motorcycles this year, noting that will save us money. Mr. Johnston asked the Council for direction on financing the capitals. Mr. Smith said if we go with the 30 day reserve (8%) then we won't have to borrow so much and we can begin to phase out the borrowing of money on a yearly basis. Further discussion on what to do with the Land Fund, combining all unencumbered funds to see exactly how much money we have and then deciding what direction we should go. The council will have to set a policy for reserves and what the Land Fund will be used for. Further questions on Capitals: Ambulance - the equipment requested is something which is not included in any ambulance at this time. The ambulance will be a 1 1/12 ton. Opticom - These devices will allow emergency vehicles to change signal lights. Chief Morrison and Chief Stewart said safety is primary reason for these devices. Court Software - This request has been reduced from $6000.00 to $2500.00. This is for a new computer and consulting fees to get the existing software up and running. Pavement Breaker - Currently we use a jack hammer and it is dangerous. Discussion regarding an attachment to the back hoe instead of a separate piece of equipment. Staff will research. Air Pack - Water Department for safety purposes. These are replacements. Meter Reading Device - The request is to add one device so that all three meter readers can operate at once, when necessary. This would also give a back up in case one is down for repairs. 7 Voice Mail - Utility Department - This will probably be funded through the credit for equipment received from Southwestern Bell, which will reduce the capitals by $11,500. Mr. Smith said he will bring back several options for council to consider on how to fund these capital requests. Councilman Hardin said she wants an option to cut capitals to match the reserve balance. Councilman Longo and Councilman Heiman said they are comfortable with what has been presented. Mr. Chavez referenced the temporary intern position he has requested, stating that he has a very qualified person interested but she has to have an answer this week. He asked if this position is going to be left in the budget for 1995-96. The council agreed this should be left in. The next scheduled budget work session is August 28, 1995. APPROVED: p hn Dillard, Mayor Pro-tem ATrEST: Patti A. Hicks, TRMC City Secretary [SEAL]