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HomeMy WebLinkAbout10/05/1987 City Council 00277,7 MINUTES OF THE CITY COUNCIL MEETING HELD ON OCTOBER 5, 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 5th day of October, 1987 at City Hall with following Council roll call: Don Amick, Mayor Present Rick Harris,Mayor Pro-rem Present Johnny Spears,Councilman Present Michael Robinson,Councilman Present Steve Glazener,Councilman Present Harvey Bradley,Councilman Present Marlene Poole,Councilman Present and with seven 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. CITIZEN INPUT John Grimshaw, 4909 Hethrin~ton, - stated that he had been a resident in The Colony for 10 years and makes his living by selling real estate in The Colony. Mr. Grimshaw said he was very unhappy about a letter Councilman Poole had written to the editor regarding a brochure which had been prepared by Ms. Poole and some other citizens to help entice J.C. PEnney employees to The Colony, stating it was a rush job and that the brochure was nice and that he had used it extensively. Mr. Grimshaw said the letter, however, did not state the reason the brochure was a rush job was because a brochure committee, of which Ms. Poole is a member, established months ago had failed to produce one (brochure). Mr. Grimshaw said the letter also stated that he (Grimshaw) had re-copied the brochure for personal benefit and benefit of Century 21-Golden Corridor Real Estate firm. Mr. Grimshaw said that is not true, that he did not pay for it and had not even seen it. Going on, Mr. Grimshaw stated that Ms. Poole had checked with the printer and found that she was in error but still had her letter published. Mr. Grimshaw said he asked her to retract the letter, but she refused. Mr. Grimshaw then said he had 3 questions: 1. Since the letter was signed as Marlene Poole, Councilman Place 6, does the Council support Ms. Poole in lying to the citizens of this community? 2. Will the Council support me (Grimshaw) in asking Councilman Poole for an apology? 3. I (Grimshaw) request Councilman Poole to submit her resignation as a member of the City Council, and I ask the Council's support in this. Mayor Amick thanked Mr. Grimshaw for his input, there was no other discussion. Sean Hollingsworth, 5037 S. Colony Blvd. - stated that he did not realize the subject he wished to address was already on the agenda as Item 3. Mayor Amick said he could address the Council during the discussion on that item. 3. CONSIDERATION OF PROPOSALS FOR USE OF OLD CITY HALL Mayor Amick said that the City is inviting input from all citizens regarding the use of the old city hall, stating there had been a lot of suggestions among Council and that 002778 some proposals have been received. The Mayor said it is open to the citizens and will possibly be put into committee to review the proposals, stating this will give the opportunity to all the different service organizations in the community. Mayor said he felt that if Council accepted the first one without reviewing the others, it would not be fair stating he wants all proposals to be a formal, written presentation to the Council, to be received no later than November 1, 1987. By that time, the Mayor said he would have a committee appointed to review the proposals. Sean Hollingsworth stated he was on the Board of Directors of the Lakeside Players and then presented a proposal to the Council for use of the old city hall, stating it would be a multi use facility for all organizations. Mr. Hollingsworth covered the basic goals of the proposal: 1. Determine interested, qualified groups 2. Formation of a Steering Committee 3. Develop a combined use plan 4. Acquisition of the old City Hall Tom Cunningham, Chairman of The Colony Masonic Lodge Committee, 5109 Hardaway Cir. stated that the Council had already the written proposal of the committee and then said that a group of Masons is attempting to establish The Colony Masonic Lodge and that this lodge will be started officially on October 23, 1987. Mr. Cunningham said their proposal called for the old city hall to be used as a Community Meeting Hall for all organizations in the City with the City staff overseeing the scheduling. Mr. Cunningham went on to say the existing facility is not adequate and the proposal is for the Lodge Committee, at their own expense to remodel the building to allow for a large meeting room, secured storage areas and work areas. Mr. Cunningham said all the Lodge asks in return is the use of the building on the 2nd and 4th Tuesday night of each month, rent and utility free for the next 24 months. Mr. Cunningham then covered the phases of the remodeling: Phase I - to be performed within 60 days A. Move existing non-load bearing walls as needed to create a large meeting room. B. Relocate cabinets from old police department to kitchen and eating area, created as a result of step A. C. General clean up and painting as necessary. Phase II - to be completed within 30 days from Phase I A. Provide two 8' folding tables for eating area. B. Provide fifty (50) folding chairs. C. Provide small stove and refrigerator Phase III - to be completed within 60 days from Phase II A. Replace flooring in large meeting room with new carpet or vinyl tile. B. Clean existing carpet in remaining area. 00277 Mr. Cunningham said the estimated cost was $3500.00 and estimated completion time was 5 months. Councilman Poole asked if the kitchen facilities would be expanded to meet the needs of the SP~N organization who is also interested in using the building and also if the restrooms would be handicapped accessible. Mr. Cunningham said the kitchen would meet the needs and that the Committee is not opposed to creating a handicap accessible restroom, but that the committee could not bear the cost of that without the help of another organization. Mayor Amick said the City has very little property and will be protective of what they do have, therefore will be reluctant to give carte blanche use to any one group for an extended period of time. Roberta Dunspaugh, Director of SPAN said the organization was formed to meet the needs of the elderly and have been interested in establishing a Sr. Citizen Center in The Colony for several years. Ms. Dunspaugh said they need a place to meet for the meals program, blood pressure checks, etc. Monday through Friday from 10:00 a.m. to 2:00 p.m. and requests the City to provide the facility, maintenance and utilities. SPAN will pay the salary of a director and prepare the meals to be delivered to the 'center. Ms. Dunspaugh said they are used to sharing facilities and feel the Masonic offer was sufficient for their needs and that they are excited about it. Councilman Poole gave Ms. Dunspaugh a copy of the proposed floor plan. Ms. Dunspaugh did say that even though a handicapped restroom would be nice, they don't have them in all their other facilities and it is not a requirement. Councilman Bradley volunteered to serve on the Council committee. 4. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF MINUTES OF THE COUNCIL MEETINGS HELD ON SEPTEMBER 21 AND SEPTEMBER 28, 1987 Councilman Poole moved to approve the minutes as written and Councilman Bradley seconded the motion which carried with a unanimous roll vote. (Councilman Glazener abstained on the September 21 and Councilman Poole abstained on the September 28 minutes) B. CONSIDERATION OF A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT WITH DENTON COUNTY FOR FIRE SERVICE. City Manager Bill Hall said this a standard agreement renewed each year with Denton County. Chief Van Morrison explained that this agreement is for fire service and another agreement is forthcoming for ambulance service, stating that the County provides financial aid in exchange for services to County residents outside of The Colony. Councilman Poole moved to approve the Resolution as written and Councilman Bradley seconded the motion which carried with a unanimous roll vote. C. CONSIDERATION OF A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT WITH DENTON COUNTY FOR LIBRARY SERVICES Joan Sveinsson Library Director said this is the same type agreement as the previous item, stating the County provides financial aid in exchange for library services to County residents outside The Colony. Mr. Hall did remind the Council that the expenditure of this funding is not in the 1987/88 budget but is to be used for capital improvements. Councilman Poole moved to approve the Resolution as written and Councilman Bradley seconded the motion which carried with a unanimous roll vote. 002759 D. CONSIDERATION OF NOMINATIONS TO SERVE ON THE DENTON COUNTY APPRAISAL BOARD Councilman Bradley moved to table this item until October 12, 1987 and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. 5. CONSIDERATION OF A RESOLUTION APPROVING AN INDEMNITY AGREEMENT FOR EMPLOYEES, OFFICERS AND VOLUNTEERS OF THE CITY City Manager Bill Hall explained that our current indemnity agreement covers elected officials and paid employees only and that this agreement is expanded to include volunteers in case of damages incurred while conducting city business. Mayor Amick asked if this covers one time volunteers such as persons who help with the clean up day or events like the triathalon. Mr. Hall said he was not sure but feels like it only covers appointed volunteers such as board members. Mayor Amick directed Mr. Hall to research that. There was general discussion regarding what constitutes a volunteer. Mayor Amick read the caption of the resolution as written: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING AN INDEMNITY AGREEMENT FOR EMPLOYEES, OFFICERS AND VOLUNTEERS OF THE CITY; PROVIDING AN EFFECTIVE DATE Councilman Bradley moved to approve the Resolution as written and Councilman Poole seconded the motion. Councilman Spears asked if the wording needed to be changed regarding volunteers. Mayor Amick said if it is necessary it can be changed later. The motion then carried with a unanimous roll vote. 6. CONSIDERATION OF A MEETING ROOM POLICY FOR THE LIBRARY Joan Sveinsson, Library Director, stated that last fall the Library Board began reviewing policies from 20 other cities and then drafted and adopted in January 1987 a meeting room policy, stating that policy is in the Council packet for approval tonight. Ms. Sveinsson said the policy is rather comprehensive but that it covers the building, staff, and the budget and that staff recommends approval. Councilman Harris asked if item II,A,2 and 3 were both necessary, stating that he feels 3 day notice is too stringent. Ms. Sveinsson said there are not enough chairs and the staff needs time to borrow chairs and get them set up. Councilman Harris said that people could use what is there or bring their, stating he does not feel it is staff's job to run around moving chairs. Councilman Harris questioned item II,B asking if Library activities will bump another group who has made reservations. Ms Sveinsson said that was not the intent. Mayor Amick suggested that it should probably state scheduled Library activities. Council agreed to just delete __ the word "with" in that sentence would be acceptable. Councilman Harris also said he wants the 3 day notice changed to 24 hour notice. Ms. Sveinsson said she really thinks the staff needs that time to properly schedule the use of the room. Councilman Harris agreed to leave it as is for now. Councilman Harris also said he did not find anything regarding responsibility for damage, stating that people sometimes tack items to the wall during meetings. Councilman Poole said Item X,A,2 addresses that, but Councilman Harris feels that someone might not understand that meant no taping or tacking to the walls or doors. Council agreed to add to X,A,2 "No items may be attached in 00278 t any manner to the walls or doors." Ken Wood asked when the meeting room would be available and if there is a fee. Ms. Sveinsson stated it is available during regularly scheduled open hours and there is no fee. Councilman Harris moved to adopt the policy as presented, with amendments. Councilman Poole.,s~conded the motion which carried with a unanimous roll call vote. 7. NOTIFICATION OF INCREASE IN CITY SALES TAX ON SANITATION SERVICES City Manager Bill Hall referred to the memo received from the Texas Municipal League requiring cities to impose a 7% sales tax on sanitation services, stating that the City has no option, the state law mandates this tax be added. Mr. Hall said citizens will see an increase from $5.40 to $5.78 on their November billing for service during the month of October. There was no Council action to be taken on this item. At this time, Mayor Amick called a 5 minute recess. 8. CONSIDERATION OF AN AGREEMENT WITH THE CITY OF FRISCO, IN REGARD TO WASTEWATER SERVICE TO THE STONEBRIAR DEVELOPMENT Councilman Spears spoke for the committee appointed to work on this project, stating the following had been generally agreed upon: 1. Stonebriar will pay The Colony $100,000. up front and another $100,000. on or before April 1, 1988, they will pay all expenses to lay a new water line, including building a new lift station to handle the increased capacity in that general area. 2. The contract will be for four (4) years. 3. Stonebriar will deed restrict the property adjacent to The Colony to guarantee the eventual completion of North Colony Blvd. to either 121 or Legacy Dr. 4. Additionally, Frisco will pay The Colony $11.50 per house per month as each house comes onto the system. Councilman Spears said one of the main concerns had been whether or not service could be discontinued by The Colony if the City needed the capacity. Councilman Spears said that Stonebriar will put a bond so that if in e years a permanent solution is not well under way the money will be given to The Colony to expand the current facilities to meet the increased needs. Councilman Spears said he does not recommend signing the contract until it has been reviewed, but he does recommend pursuing this project. Mayor Amick said at the last meeting he had specifically inquired about The Colony turning off the flow if Frisco does nothing toward a permanent solution in 4 years. Councilman Spears said the flow would not be turned off, but The Colony will be given the money to expand the facilities enough to continue furnishing the 100,000 gallons to Stonebriar. Mayor Amick asked if our present facility, without the addition of Stonebriar, could handle the proposed 205 acre tract, and the Northeast planning unit and still have the necessary 100,000 gallons a day Stonebriar is asking for. Mr. Hall said yes, our facility could handle all that. Councilman Poole asked if we could service Wynnewood Peninsula also and Mr. Hall said not the entire peninsula. Councilman Harris said that part of the money received from Stonebriar would be used to study our needs, including the Peninsula and at the rate those areas are moving, he feels we will have the capacity service them. Councilman Poole said that developers are looking at Wynnewood Peninsula now and they won't follow through if there is no water and 002782 sewer. Councilman Harris said that lots of developers and looked and never followed through, stating that this money would enable us to study to determine our future needs. Councilman Spears said that planning for the future is the best thing we can do for the City. Councilman Harris said part of the money will go back into the plant to offset the cost of providing the service and some of the money will go for the study. Councilman Glazener asked if we would have to expand the plant eventually anyway. Councilman Harris said we probably would. Mayor Amick said he does not want to do anything that will force a bond election to expand. Councilman Harris said yes, this is a gamble, stating that all the developers could come in tomorrow and start building, but it is not likely. Councilman Bradley said we would have to start the study in 6 months anyway because when we reach a certain percent of our capacity it is required. Mr. Hall said when we reach 75% capacity we have to be in the planning stage and at 80% we have to be in the design stage. Mr. Hall said that he feels comfortable that we can handle this additional service and by the time we need to expand we will be able to with funds from an outside source instead of a future bond issue. Councilman Bradley asked if this will eventually save the City money and Mr. Hall said he believed it would. Councilman Bradley asked how long it would take to reach 75% capacity if we do not serve Stonebriar. Mr. Hall said we are at 67% now. Councilman Poole asked who enforces the 75% rule, stating that the City of Frisco must not be adhering to the rule. Mr. Hall said the Texas Water Commission. Councilman Poole then asked if we sign this contract does that release Frisco from their obligation to service Stonebriar and the Mayor said it does. Mr. Hall reminded the Council that this agreement covers specifically the Stonebriar area not the City of Frisco. Councilman Spears said this solves Stonebriar's problem not Frisco's problem. Mayor Amick said this was never intended to solve the Frisco problem, and said that he wanted to review the contract before acting. Mark Webb of Stonebriar said that Frisco has approved the concept of the contract, pending the approval of The Colony and the attorneys, stating that he asks The Colony to approve in concept pending the City Manager and City Attorney working out the details. Webb said that Toby Bartholow, The Colony attorney, and John Cannon, Stonebriar attorney, have agreed on the contract, but Richard Abernathy, Frisco attorney has not given his opinion yet. Mr. Webb went on to say that they are ready to start construction on homes in two weeks and the builders would like some word from The Colony regarding this agreement. Councilman Spears asked if a letter of intent would suffice and Mr. Webb agreed. Mayor Amick asked about the bond amount and Councilman Spears said an amount had not really been settled, but that $300,000 had been discussed. Mayor Amick asked if that was today's cost or the cost to expand in 3 years. Mr. Hall said the amount is still negotiated. Mr. Webb said that is not really a problem. Mayor Amick said the bond should not have renewal clauses, but it should cover the entire term of the contract. Mr. Cannon said he spoke to a bonding company they issue bonds on yearly renewal basis. Councilman Harris said the wording should be changed in regard to extending the contract in case there was a short time needed to finish the permanent plant, such as if Stonebriar needs an extension there is "X" amount of money to go into the plant to help defray the additional costs for the 6 or 12 months required until Frisco gets Stonebriar on line. Mr. Webb said they would agree to that because they would not down for several months waiting for the new plant to open. Mr. Cannon also said that would be to their advantage so The Colony would not have to draw upon the $300,000 bond. Sean Hollingsworth,citizen, asked if the $300,000 bond is estimated on 1987 or 1990 figures. Mr. Hall said the estimate is on today's cost but there is a buffer included to cover expansion. Councilman Harris said to be sure the wording was changed at the end of the agreement. Mayor Amick said he was not prepared to turn over the contract but will read it and vote on it next Monday night. Councilman Spears said Stonebriar just wants us to approve the concept tonight. Mayor Amick said he is not prepared to vote even on the concept, stating there may be changes made by the City Manager and attorney that he does not agree with. Councilman Harris said we need a general consensus either for or against the concept, going on to say he feels comfortable voting for the concept and then voting on the contract after the City Manager and City Attorney have reviewed it and recommended their changes, if any. Mayor Amick then asked the Council for their straw vote, which was as follows: Harris, Spears, Robinson, Glazener and Bradley agree with the concept, stating it does need some work. Councilman Poole did not agree and Mayor Amick abstained. The general consensus was in favor of the concept of the contract. Councilman Harris asked the City Manager to draft a letter to Stonebriar stating the outcome of the consensus. Mr. Webb asked if this could be placed on the October 12, agenda and the Council agreed it could, but they would like the contract in hand by Thursday. Mr. Ken Wood asked what would happen to any left over funds and Councilman Harris said they were not really earmarked for anything specific. Mayor Amick asked Mr. Webb to correct the Stonebriar maps which he understands do not show The Colony on them. Mr. Webb said The Colony is included on the school information which they hand out but not in the brochure. Vivian Bedell Bennett said the large wall map in the sales office does not show The Colony either. Mr. Webb said that could be easily corrected but the brochure could not be changed until they have it reprinted. Mayor Amick said the City would appreciate their consideration in this matter. Councilman Glazener asked if the North Colony extension is addressed in this agreement and Mr. Cannon said it is not but that he will get with Mr. Bartholow regarding that. At this time, Councilman Poole announced that the City had received a donation from the Top Cats Drill Team of a 1988 calendar. With no further business to address, Councilman Harris moved to adjourn and Councilman Spears seconded the motion which carried with a unanimous roll call vote. Mayor Amick adjourned the meeting at 9:20 p.m. APPROVED: D(n- Ami~k ,~Ma~0r '~ ' ATTEST: Patti A. Hicks, City Secretary 00278q CERTIFICATION I, Don Amick, Mayor of the City of The Colony, hereby certify that the following is a true and correct record of the proceedings conducted on the /~ ~ day of 19 ~. Do k, N ATTEST: Patti A. Hicks, City Secretary