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HomeMy WebLinkAbout08/03/1987 City Council HINUTES OF THE CITY CO.OIL HEETING 00~' ' HELD ON AUGUST 03, 1987 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 3rd day of August, 1987 at City Hall with following Council roll call: Don Amick, Mayor Present Rick Harris,Mayor Pro-tem Present Johnny Spears,Councilman Absent, due to business Michael Robinson,Councilman Present Steve Glazener,Councilman Present Harvey Bradley,Councilman Present Marlene Poole,Councilman Present and with six members present a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE Mayor Amick led the Council and the audience in the Pledge of Allegiance to the flag of the United States of America 2. CIT!ZEN INPUT Steve Bissett, presented a five (5) page open letter to the City Council regarding the 1987/88 Budget. Mr. Bissett did not read the letter but asked the Council to do so and also gave them each a packet of tea. A copy of the letter was handed to members of the press. (See attachment "A") Ken Wood, thanked the City Manager and the Police Chief for their prompt response to his inquiry regarding parking in front of cluster mail boxes, stating that he understands it is a more complicated matter than it appears. 3. CONSENT AGENDA Mayor Amick summarized the items on the Consent Agenda for the audience. A. CONSIDERATION OF THE APPROVAL OF MINUTES OF THE CITY COUNCIL MEETINGS HELD ON JULY 20 AND 23, 1987 Councilman Poole moved to approve the minutes as written and Councilman Harris seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF ACCEPTANCE OF A LETTER OF RESIGNATION FROM GEORGE GILLETT, MEMBER OF THE LIBRARY BOARD Councilman Poole said she regrets this resignation, thanking Mr. Gillett for all the work he has done. Councilman Poole moved to accept the resignation, effective the end of August and Councilman Harris seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF AN EASEMENT OF RIGHT OF WAY FROM THE UNITED STATES ARMY CORPS OF ENGINEERS FOR THE MAINTENANCE, INSTALLATION AND REPAIR OF TWO RAW WATERLINES City Manager said this is relative to the effluent line going to Stonebriar Country Club development. Councilman Poole moved to approve the easement as presented and Councilman Harris seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATIOR OF RATIFICATION OF THE EVIDENCE OF HNDERSTANDING AGREEMENT WITH IBM MaTer Am±ck stated there were two tTpograph±cal errors on the agreement that had been corrected. Councilman ?oole moved to approve the ratification of the agreement and Counc£1man Harris seconded the motion which cart±ed w±th a unan±mous roi1 cali vote. E. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 19 OF THE CODE OF ORDINANCES RELATING TO TRAFFIC, ESTABLISHING NEW SCHOOL ZONES Councilman Poole moved to approve the ordinance as written and Councilman Harris seconded the motion which carried with a unanimous roll call vote. 4. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF WEIGHT EQUIPMENT FOR THE RECREATION CENTER Mayor Amick noted the amount of money saved by staff and praised Ms. Sylvia Brantley, Park and Recreation Director for her efforts as well as the assistance members of the Police Department had given her. Councilman Harris moved to accept the bids award the bid to Nordic Fitness Products in the amount of $5838.62 for free weights and accompanying equipment and the Exercise Station and to Haden Company in the amount of $425.00 for the Exercise Cycle,as recommended by staff. Councilman Bradley seconded the motion which carried with a unanimous roll call vote. 5. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF WEIGHT EQUIPMENT FOR THE RECREATION CENTER Councilman Harris moved to approve the Ordinance as written and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. 8. CONSIDERATION OF AUTHORIZATION OF A CONTRACT FOR WRECKER SERVICE Mayor Amick said that a recommendation had been received from the Chief of Police to contract with Kampers Korners Wrecker Service out of Little Elm, Texas, going on to say that this company had been serving the City of The Colony satisfactorily for the past ten years. Councilman Harris moved to approve the contract and Councilman Robinson seconded the motion which carried with a unanimous roll call vote. 9. CONSIDERATION OF APPROVAL OF FINAL PLAT FOR TACO BELL RESTAURANT TO BE LOCATED AT 5005 MAIN STREET Mayor Amick suggested that Council review the plat and the Site Plan (Agenda Item #10) simultaneously and the Council agreed. Councilman Harris asked if there is a curb cut in this plan. Gil Brown of Taco Bell said there is one proposed at the northeast end of the tract and there is already one at the southeast end. Mayor Amick stated that Council is approving in conjunction with a memo from Tommy Turner in which P & Z recommendations were outlined. City Manager Hall noted that recommendations had been addressed on the plan and the site plan by Taco Bell. Mr. Gil Brown said Item # 1 under site plan in Mr. Turner's memo did not appear on the site plan but would be addressed and changed. This item read as follows: 1) At the northeast side of the site, adjacent to the parking lot, a five (5') foot radius be cut into that curb cut. Councilman Bradley asked if there would be a common access to the Carlisle property and Mr. Brown stated there would be. Councilman Harris asked if there would be a sidewalk in front of the property and Mr. Brown stated there would Councilman Harris asked when they anticipate being open and Mr. Brown said 60 days after they receive their building permit. Counc±lman Glazener moved to approve the final plat as presented and Council Bradley seconded the motion which carried with a unanimous roll call vote. 10. CONSIDERATION OF APPROVAL OF SITE PLAN FOR TACO BELL Councilman Bradley moved to approve the Site Plan as presented and Councilman Peele seconded the motion which carried with a unanimous roll call vote. 7. RECEIVE REPORT FROM SYLVIA BRANTLEY REGARDING SENIOR CITIZEN PROGRAMS Ms. Brantley addressed the Council and the audience stating that there are lots of senior citizens in The Colony and that the City had been approached by George Lindquist for a meeting for their group; the Trailblazers. Ms. Brantley said the packet presented to the Council had been put together by her assistant Barbara Rellihan, stating that there are from 600-1000 senior citizens with approximately 75 active in the Trailblazers, and that they will be unable to meet in the First Baptist Church as they have in the past. Ms. Brantley said the group has asked to meet in the new Recreation Center. Councilman Peele said it had been suggested that the old City Hall be used for a Senior Citizen Center. Mayor Amick asked Ms. Brantley if this building would suffice and she stated that it would. Mayor Amick said he has no real problem with using the old building but would like to use the new building if possible, stating that the plan was to shut down the old City Hall to save the City money in operation of a building. Councilman Harris mentioned the item regarding preparing food and stated that he was not sure that would be a good thing for the City staff to get into. Mayor Amick agreed stating that the City should maintain the facilities for the group as the do other groups, ie.; playing fields, etc. but not do everything for the groups. This will be further studied before any decision is made. 6. CONSIDERATION OF A RESOLUTION SUPPORTING STATE HIGHWAY 121 BYPASS OPTION E-2 City Manager Hall gave background on the bypass and the widening of SH 121. Mr. Hall said that since the last Council meeting, he and Mr. Hal Jones had attended a meeting with the Highway Department and other cities and that the recommendation of Staff and Mr. Jones due to the outcome of that meeting, is to table the Resolution. Councilman Peele moved to table this resolution, stating she was unhappy with the wording because it does not address the problem of traffic coming from the bypass onto 4 la. ne 121 just before 423. Councilman Robinson seconded the motion, which carried with a unanimous roll call vote. There followed a lengthy discussion regarding the two options available for the bypass. Mr Jones said that circumstances had changed since the last Council meeting. He went on to say two weeks he felt this was a cut and dried situation to either go with option E-2 or A. He said there is still concern regarding the traffic dumping onto a 4 lane highway, stating that the Barton Ashman study showed an interchange on 423, but that this was not addressed by the State, however he said all agreed it is necessary. Mr. Jones said that representatives from Bright Bank and E- Systems were present at the meeting and that they gave different viewpoints than they had previously regarding right of way for the bypass. Bright said they may give right of way if there is no clover leaf. E-Systems said 9~ 0027 ,. , they will give right of way only if the State goes with Option E-2. Mr. gones suggested the Council take no action until August 17, 1987. Councilman Poole and Mayor Amick asked about stating that we (The Colony) wants the freeway to extend past 423. Mr. gones said that does need to come from the City with the support of the surrounding cities. There followed a lengthy discussion regarding the proper way to address this problem as well as just how far we should ask the State to extend this freeway, ie.; the tollway, Paige Rd., Central Expressway. Councilman Bradley said we shouldn't do anything to jeopardize the widening of 121 to 4 lanes. Mr. Jones agreed and said the State has asked for comments by mid-August and that by then we should know more about how the two major property owners (Bright and E- Systems) are going. Councilman Poole asked how much bond funds The Colony would have to match with the State to get the bypass through and past our City. Mr. Jones said he does not really have a good estimate but stated the total length (from DFW) is estimated at 130 million dollars. There then followed discussion regarding the feasibility of extending North Colony Blvd. to Spring Creek Parkway or Legacy. Mayor Amick asked for direction from the Council before August 11, 1987 because he would probably talking to the City of Plano at that time regarding the White and the Shaddock and Cook properties. With no further business to address, Councilman Harris moved to adjourn and Councilman Poole seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 9:15 p.m. APPROVED: Don .... Maybf ATTEST: ~.~a~~ H-~s, City Secretary C~lony city council An open letter to memb~A~~"" Not all government projects are created equal. To illustrate this, please imagine a sliding scale marked from "very essential" to "not essential" On such a scale all The Colony's government expenditures could be ~ranRed. W .... people would place highway construction and public education at one enc~ ~lowers for a park would surely fall at the other end. Even though no .. .. ndividuals would do it exactly the same, remaining projects would be placed at points across the entire length of the scale. It is not the intent of this letter to argue the exact percentage of projects that should or should not be funded by taxes. Suffice to say, I feel the proper percentage is far less than presently established. After you have ranked the Colony's projects in your own mind, consider my arguments to focus on the "less essential" ones. Even if you cannot bring yourself to rate more than a few projectsin that category, I would consider it a step in the right direction. As you begin work on the municipal budget for fiscal year 1987-88,~ I'd like :sue a'challenge: restore some liberty to the taxpayers by slashing th[ ~udqet. As you consider every expenditure, let the following "litmus test" guide your budget ax. Ask yourself, "Could the free market or volunteer community organizations conceivably achieve a similar result?" If the answer is yes, then government has no place interfering and no tax dollars should be spend, regardless of how desirable the asset may be. Furthermore, you must not use this approach to divert funds to other areas. Steps must be taken to actually reduce taxes, franchise fees, and other revenue sources. Move to reduce present government responsibility and thereby cut staff, red tape, and paper work to the bare minimum. I do not mean to suggest that any of you knowingly seek to reduce the freedoms of others. On the contrary, many well meaning people enter political office with admirable intentions. There is nothing wrong with a desire to implement improvements for our city. But, I contend that certain projects are not the proper concern of government. When you serve in the roll of elected official, you must resist the temptation to subsidize special interest groups. It is generally done at the expense of some minority. The rights of individuals and those of minorities should be your primary concern. Suppose a handful of people asked the city to erect a beautiful statue. I hope the attraction of the idea would not blind you to the negative side o~ democratic rule. Our Founding Fathers were strongly opposed to democracy. realized that majorities ar~ notorious for rejecting and trampling on the rights of individuals. James Madison, for instance, wrote that "democracies have ever been spectacles of turbulence and contention~ have ever been found incompatible with personal security, or the rights of property..." Owing to their love of liberty the Founding Fathers in fact rejected Democracy and instead established a Republic. Contrary to popular mythology a Republic is not a Democracy. A majority is not automatically aligned with what is "good" or "right" It would not be acceptable if a majority of a town's people decided to lynch someone without a trial. Why should it automatically be acceptable to spend someone's money (contrary to his desires) at the direction of a majority? Of course no form of government is perfect. There is no utopian society. There exist situations where compromise is necessary. But, remembering my intended focus on "non-essential" projects, these arguments are irrelevant. You cannot convince me that the government has a right to take my money and spend it on a swimming pool, no matter how many people voted for it. Unfortunately, government does have the Dower to do so. Time and time again, people lobby the government to spend taxes dollars on their pet projects. No one admits their true selfish desires to see others pick up part of the tab. Always we hear how the project will attract new business and eventually lower our taxes. If you carry that idea to its logical conclusion we should raise taxes sky high, fund everything that would conceivably attract business, then watch businesses rush'in and provide everything free. 3n when a project has wide sweeping side benefits for others, it is simply unfair to expect everyone to share the same priorities. The man who pays taxes to support a swimming pool, a recreation center, and lights for baseball fields, has less earnings remaining to spend on a snow skiing vacation, if that were his preference. Is it any wonder that the size and cost of government spirals ever higher. Politicians eagerly spend money on projects, then recount long list of goodies during re-election speeches. Apparently the list has less appeal to the average voter if it only includes "the preservation of personal freedoms" and "the reduction of taxes". Then again, maybe no one~ has tried it. Part of the problem is the one-sidedness of any lobbying, effort. Elected of ~als get a distorted picture of the general consensus on such issues. When I propose you reduce the size of city government, clearly any city staff member who feels his job is at risk will make every effort to dissuade you. Even if thousands of taxpayers agree with me, they are not likely to rush to city hall to protest. They realize the personal tax bite for any single political whim is very small when spread across everyone. Some people won't expend the energy it takes to bend down and pick up a dropped coin. Is it any wonder that they will'not spend hours at city hall fighting to maintain control over little more? Because people value their time, politicians have a convenient excuse to spend our money: he didn't hear anyone complain. But that is not justification. And so it goes. Thousands of projects, at all levels of government, are i id for with tax dollars. The cost of any single pork barrel is usually thought to be unworthy of the energy it takes to fight against it. However, taken together, they drain our savings, contribute to inflation, and keep the national debt on its skyward trek. There is an alternative. The next time someone seeks funds (matching or otherwise) for city brochure or promotional literature, I recommend the City council refuse. The business, Realtors, and landlords who will benefit most directly, should bear the cost. High-school yearbooks sell advertising space in exchange for "contributions". The same approach can be used to ~eep all financing strictly voluntary. If, by chance, insufficient funds are raised, it would only prove that the free market can weed out a bad idea when government subsidies would not. Likewise, the government can get out of the "beautification business" Refrain from employing People to plant flowers or shrubs in city parks. Instead, encourage volunteers to "adopt-a-park". Let those who are most interested in this kind of project, support it alone. I'm not suggesting that these plans are easy. I'm not saying they will cost less. However, they cost nothing to those who don't wish to participate~ That is how it should be in a free country whenever possible. In the volunteers-can-do spirit, I intend to donate two books to The Colony public library: "Restoring the American Dream" 'by Robert J. Ringer and "Free to Choose" by Milton and Rose Friedman. I hope you will look for them. Bo~~-~ books expand on the points I have tried to make here. Ironically, those who disagree with these ideas can still take comfort in knowing the books won't cost them a penny in taxes. As I said, there is nothing wrong with your desire to see improvements evolve from dreams into realities. As members of various community organizations or as members in your church or temple, you can still achieve much, I applaud the philanthropic spirit of so many citizens who spend their own time and money to enrich The Colony. Respect the rights of others who do not share your same vision. Pursue your goals outside of government and wi ut the power to tax. This is the path to liberty. Sincerely, Steven M. Bis