HomeMy WebLinkAbout09/22/1997 City Council MINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL
HELD ON
SEPTEMBER 22, 1997
The Special Session of the City Council of the City of The Colony, Texas, was called to
order at 7:03 p.m. on the 22nd day of September, 1997, at City Hall with the following
Council roll call:
Mary Blair Watts, Mayor Present
Bill Longo, Councilmember Present
Bernetta Henville-Shannon, Councilmember Present
David Stanwick, Councilmember Present
Wilma Avey, Councilmember Absent (Arrived at 7:15)
John Dillard, Councilmember Present
Dave Kovatch, Councilmember Present
and with six members present a quorum was established and the following items were
addressed:
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS:
Mayor Watts asked Councilman John Dillard to give the invocation.
Pledge of Allegiance
Mayor Watts stated that she enjoyed watching The Colony Cougar High School football
game on Channel 6 on Saturday.
3.0 REGULAR AGENDA:
PUBLIC HEARINGS:
3.1 Regarding a proposed tax increase.
Motion to open the public hearing - Dillard, second - Stanwick, carried with all members
voting Aye.
Mr. Johnston explained that the tax rate is not going to increase but the tax revenues from
that tax rate have increased due to increased property values. The tax rate is proposed to
stay at $.795 per $100.00 valuation.
Motion to close the public hearing - Longo, second - Stanwick, carried with all members
voting Aye.
OTHER ACTION ITEMS:
3.2 Authorize retaining the firm of Nichols, Jackson, Dillard, Hager and Smith, LLP to
represent the City in the Goody-Goody v. The Colony law suit
Motion to approve retaining the firm of Nichols, Jackson, Dillard, Hager and Smith for an
estimated amount of $8660.00 as stated in the litigation budget provided by the firm -
Stanwiek, second - Kovatch, carried with all members voting Aye.
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7:09 p.m. Recess - 7:10 Reconvene in a work session
6.0 DISCUSSION ITEMS:
6.1 Work Session to discuss proposed amendments to Impact Fees for water and
wastewater and establishment of Impact Fees for thoroughfares
7:15 p.m. - Councilmember Avey arrived
Mr. Lambert stated a comparison with other cities has been done and noted that staff
is not recommending adopting 100% of the maximum fees proposed. He suggested starting
moderately and then review each year to see if changes are needed. Mr. Lambert said if
the fees are too high, the city will not reap the benefits.
At this time, Mr. Lambert asked council's permission to allow Chief Van Morrison
to report on a tanker truck which has been located at the Federal Surplus outlet in Ft.
Worth. The city can use the truck for a 30 day trial period and if we decide we don't want
it, we can return it with no money spent. The cost is $15,000 and it could be used to carry
water into areas where water is not available. Mr. Lambert said the amount could be paid
out over 5 years. There were no objections. The truck is to be completely checked out in
the 30 day trial period.
Work Session continued:
Councilman Kovatch said the numbers are not broken out enough for him to know
what the council is actually being asked to adopt. Hal Jones, Hunter Associates, engineers,
explained how he arrived at the impact fee figures. Councilman Stanwick noted the figures
included debt service for the cost of the project and asked how that can be taken out.
Mr. Jones said impact fees are based on estimates of project costs and that debt
service is about 42% of the total cost. Councilman Stanwick continued, stating there are
only 3 main areas to be developed and he doesn't see the city having a lot of debt as a
result. He said it seems fairer to the city and the developer to leave out debt service.
Councilmember Avey asked if the city can adjust the interest in a developer's
agreement. Mr. Jones said the city doesn't charge the developer interest, it charges a flat
rate impact fee.
Mr. Lambert said he asked for fees per meter instead of by unit and asked Mr. Jones
what type of document would have to be adopted in that situation. Mr. Jones said the city
would have to adopt a policy that establishes the size of meter required for certain types of
developments so the city will have control over the size to be used. Mr. Jones said he
prefers charging by the unit not the meter.
Mayor Watts asked if a road is to be a 6 lane divided thoroughfare, but only 4 lanes
are built in the beginning, if the impact fees are on the 6 lanes or the 4 lanes. Mr. Jones
said they should be paid on the 6 lanes and that the excess goes into an account for the
appropriate service area.
Bill Sheveland, JNC Enterprises - explained to the council how impact fees came
about. He said until the mid 80's cities extorted money from developers and then the State
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passed legislation to stop that practice. He said however, originally impact fee ordinances
accomplished the same thing. Mr. Sheveland said they are concerned regarding "phantom
financing". He said he thinks the council is going in the right direction but urged that the
numbers be based on real costs and real timing. JNC is willing to pay their share but they
don't want to be double dipped.
Ross Calhoun, Tri-West Development and a member of the Texas Homebuilder's
Association - said they are used to paying impact fees and he encouraged the council to
consider establishing fees with affordable housing in mind. Mr. Calhoun said the citizen
of The Colony that wants to move up may be penalized because the impact fees are high
and will have been passed on to the consumer. Mr. Calhoun said they are willing to pay
their fair share, but don't want the citizens penalized and don't want the city to deter
economic development.
Mr. Jones said commercial impact fees are established by water, wastewater usage,
traffic generated and density (FAR). Discussion followed regarding increasing commercial
to take more of the impact than single family.
Henry Billingsley, Billingsley Development, said his firm has been grappling with
these numbers for a while and said there are two things that have to happen:
1. Revenues must go up
2. Costs must go down
Mr. Billingsley said all they ask is a level playing field with the cities around us, i.e.
Plano and Carrollton, in commercial and multi-family. He said commercial could go up
from what is proposed and still be equitable. He went on to say the city can drastically
lower their costs if they will go with the regional wastewater treatment facility (NTMWD).
Mr. Billingsley said it appears to be 30%-40% lower than expanding the existing plant. He
suggested that if the city is close to a resolution on that matter, then the impact fees should
not be set until that is done. Mr. Billingsley also asked that we use real costs and real time
and stated they are also willing to pay their fair share. Mr. Lambert said his recommendation is:
1. Adopt 25-50% for single family and multi-family - water and wastewater
2. Adopt 75-100% Commercial/industrial - water and wastewater
3. Examine whether we want to adopt impact fees for thoroughfares
Mr. Lambert noted that charging by meter is easier to calculate.
Councilman Stanwick asked that they compromise on debt service, i.e. 25% instead
of 100%. Councilman Avey said the numbers need to be fairer than proposed. Councilman
Kovatch suggested leaving debt service in but reducing the actual impact fee. Councilman
Dillard said we will have to do something about wastewater and that NTMWD is the best
way to go. He said we must core.pete with Plano, Carrollton and Frisco. Councilman Longo
asked for clarification regarding whether or not excess funds are put into a fund specifically
for particular projects.
Tony Johnston said all impact fees are put into a separate fund and divided by
development.
9:05 p.m. Recess - 9:15 p.m. Reconvene
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6.2 City Manager Goals and Objectives
Councilman Kovatch handed out a list of goals and objectives prepared by various
members of the council. It was noted that some of these items are either already
accomplished or they are in the 1997-98 budget to be accomplished. He asked if the below
listed goals can be accomplished by December 15, 1997, when Mr. Lambert is to be
evaluated by the council. Mr. Lambert said they can be added to the list.
1. Provide the council with a balanced budget with no increase in the property
tax rate by 10-1-97.
2. Complete a developer's agreement with Wal-mart Corporation by 10-15-97.
3. Develop a plan to resolve all of the city's wastewater issues by 11-1-97.
4. Complete a developer's agreement with Austin Ranch by 12-1-97.
5. Develop goals and objectives for all department directors by 12-15-97,
including a time line.
Added by Mr. Lambert 6. Capital Improvements Plan by 12-15-97
7. Strategic plan for the city by 12-15-97
Councilman Stanwick said this list is lots of specific, detailed items and that Mr.
Lambert should take a broader look at it and let him set some goals from this list.
Councilman Kovatch agreed, stating that the council needs to set their own goals.
Councilman Longo agreed and Mr. Lambert said at the next retreat they need to discuss --
issues that are critical to the council. Councilman Dillard agreed with Councilman Stanwick.
Councilman Longo said the council needs a training class with the new Planner. Mr.
Persaud said he has been making some improvements already and when he has standards
and regulations ready he will have a work session with the council.
With no further business to address, Mayor Watts adjourned the meeting at 9:40 p.m.
,/~VED:
Mary l~l~ir W~J~ts, Mayor
ATTEST:
Patti A. Hicks, TRMC City Secretary
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