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HomeMy WebLinkAbout01/16/1989 City Council 00317, . NINUTES OF THE CITY COUNCIL NEE?lNG HE~D ON ~ANU~RY 16~ 1989 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. on the 16th day of January, 1989 at City Hall with the following Council roll call: Don Amick, Mayor Present Rick Harris, Mayor Pro-tem Present Johnny Spears, Councilman Present Steve Glazener, Councilman Present Dick Weaver, Councilman Present Joel Marks, Councilman Present and with six present, a quorum was established and the following items were addressed: 1. ADMINISTERING OATH OF OFFICE TO NORETTA SIPE, COUNCILMAN PLACE 3 AND APPOINTMENT AS COUNCIL LIAISON Mayor Amick administered the Oath of Office to Noretta Sipe, the newly appointed Councilman Place 3 and Ms. Sipe then took here place on the dias. 2. 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. 3. CITIZEN INPUT Dick Weaver stated he had provided the City Council with a history of the Metrocrest Hospital authority, to which he had recently been appointed. Robert Knutson, 4904 Durbin told the Council he had several questions. 1) He stated he attended the P & Z meeting on December 13, and Member Doss had addressed the posting of signs on property where re-zoning has been instituted, and went on to say that there are no signs on the corner of N. Colony and Ethridge where the new schools is to be built, stating that the City Manager had said there would be signs in that location. Mr. Hall said signs are not required unless there is a change in the zoning on a particular property. Mr. Knutson said he had received a letter from Mr. Hall in which was stated that in order to get signs erected, the request would have to be placed on the agenda. Mayor Amick said if a zoning change is proposed then signs will be posted, but it is not the practice of the City to post signs on every piece of vacant property and that the signs will not be posted unless there is a zoning change. Mr. Knutson asked how citizens would know how property is the City is zoned and the Mayor stated there are zoning maps. Mr. Knutson asked from whom they can be acquired and the Mayor responded Mr. Bob van Til. Mr. Knutson said he came in and asked for a list of the City Council, all ordinances and the Charter at a reasonable cost, going on to say Mr. Hall told him it would cost $300.00 for all the ordinances and the Charter. Mr. Knutson went on to say that these requests had not been responded to efficiently and that Mr. Hall had been conveniently busy when he (Mr. Knutson had requested to see him. Mayor Amick said he did not appreciate those insinuations regarding Mr. Hall not being available to the public. The Mayor reminded him that all the information he requested is readily available at the Library. Mr. Knutson asked which Councilman represents Lakeway Estates and Councilman Glazener said it was he and that he is available almost anytime, and would be happy to make his Code book available to Mr. Knutson. Councilman Harris spoke up and said that he represents that area too as well as Councilman Spears and Mayor Amick. Mr. Knutson said he did not see any of them attending the P & Z meetings. Councilman Glazener said the reason is that P & Z is appointed to make recommendations to the 003170 Council. Councilman Weaver said he is the Council Liaison to P & Z and that he was present. Mr. Knutson agreed he saw him there but was not sure if Mr. Weaver was a member of the press or not. Mayor Amick said it is not a practice of the Council to attend P & Z meetings. Mr. Knutson then asked if he could borrow Councilman Glazener's Code Book and make his own copies. Mayor Amick said that the Code Books cannot be loaned out, noting they are City property. Mr. Knutson then said before he pays $300.00 for the book, he would like to see an itemized cost of that book. Mr. Hall said that book is printed by an outside company which accounts for the high cost. Councilman Harris asked if he was correct in stating the LISD had withdrawn the request to re-zone the property on Ethridge for a school, and that the City had not rejected that request. Mr. Hall said yes and that all residents involved were advised of that fact. At this time, Mayor Amick called the Council into Closed Door with the attorneys handling the EAS case in Austin. 11. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S. SECTION 2E REGARDING LITIGATION, TO-WIT: A. EAS CASE Upon reconvening in open session, the Mayor directed the City Secretary to draft a resolution supporting the adoption of optional EAS and the continuation of ECC to be placed on the February 6, 1989 agenda. The following items were then addressed: 4. RECEIVE PRESENTATION FROM TOM TAYLOR, REPRESENTING THE UPPER TRINITY MUNICIPAL WATER AUTHORITY (UTMWA) Mr. Taylor said that since the last meeting with Council, UTMWA had responded to 5 questions of the Council in writing and that he would like to cover those points. Mr. Taylor said John Baxter, Marty Highball, and Steve Baccus were also present. Mr. Taylor then proceeded to go over the response to the five questions raised by Council. (see Attachment "A") Mayor Amick asked where The Colony stands on a regional system. Mr. Hall said we are still in limbo until the Council responds to the above questions, noting there is no specific date set. Mr. Taylor said The Colony is in good favor with the steering committee and that The Colony's participation is on hold until the issue of the wastewater plant is settled. Councilman Harris said we are definitely still interested and believe the issue of the wastewater treatment plant being used in trade for 1 or 2 years membership would be an incentive to stay. Mr. Hall asked the cost of a regional wastewater plant and Mr. Taylor said $250,000. to $300,000. Mr. Hall said it would be less expensive for UTMWA to buy The Colony's plant and have it moved. Mr. Taylor agreed stating he hopes that happens, going on to say that when Little Elm and Hackberry make decision then the board will know which direction to. Mayor Amick thanked Mr. Taylor and apologized for the wait. Mr. Taylor did note that the legislation is ready to be presented regarding a regional system and that all cities have acted favorably. 5. CONSIDERATION OF APPROVAL OF PARK AND RECREATION STANDARDS Mr. Hall said this had been brought to Council before Christmas and no member of the Park and Recreation Board had been present, therefore it had been tabled. Mr. Hall went on to say that David Martin had been out of town, but that Wayne Sandy was to be present at this meeting. Councilman Harris moved to table this item until a member of the Park and Recreation Board could be present. Councilman Spears seconded the motion which carried with a unanimous roll call vote. 6. CONSIDERATION OF APPROVAL OF MINUTES FOR THE COUNCIL 003170 ~MEETINGS HELD JANUARY 5 AND 9, 1989 Councilman Harris moved to approve the minutes as written and Councilman Spears seconded the motion which carried with a unanimous roll call vote. 7. CONSIDERATION OF APPROVAL OF FINANCING FOR GENERAL FUND CAPITAL OUTLAY Mr. Hall said all items to be financed were included in the budget process, noting all these items are to be purchased on a lease purchase agreement and will be financed together on one note in the amount of $160,000.00 8:40 p.m. - Mayor Amick called a five minute recess at this time so the Councilmembers could review the information before voting on this matter. 8:47 p.m. - Upon reconvening Mayor Amick said that the recommendation had been to go with Banker's National Leasing at 9.25% interest but the Council determined it would be better to keep business in The Colony and finance through First Colony Bank at 10% interest. Councilman Weaver moved to approve the financing at First Colony Bank and Councilman Harris seconded the motion which carried with a unanimous roll call vote with the exception of Councilman Spears who abstained. 8. CONSIDERATION OF BIDS FOR THE SALE OF THE WASTEWATER TREATMENT PLANT Councilman Harris moved to table this item in light of the earlier presentation from UTMWA and Councilman Spears seconded the motion which carried with a unanimous roll call vote. 9. RECEIVE REPORT REGARDING E 9-1-1 Mr. Hall said the E 9-1-1 committee had planned to install only 4 answering sites instead of the 7 originally proposed because The Colony, Highland Village and Flower Mound all objected. He said the committee has decided to postpone their decision until a Task Force can answer some questions. Mr. Hall said Denton County may be putting $300,000 into the 9-1-1 system, $230,000 of which is to go toward installing all 7 answering points. Mr. Hall said the Task Force meets again tomorrow and that Chief Ristagno represents The Colony in that group. Councilman Weaver said he was at the meeting also and that several Denton County representatives were there and that they stated the Council is definitely talking about putting the $300,000 into the program. 10. CITY MANAGER'S REPORT Mr. Hall said staff has been checking into new procedures for court and beginning February 7, 1989, Court will be using docket call. This means no officer will have to be present unless a violator pleads not guilty and a court date is set. Mr. Hall said this should cut down considerably on the cost of overtime for officers and the cost of attorneys. Mr. Hall deferred the discussion of Tax Abatement to Councilman Weaver who said the committee talked this over after the last meeting and Councilman Glazener is to talk to LISD and I (Weaver) am to talk to Denton County regarding the City's tax abatement. Councilman Weaver said he had spoken to several commissioners and had mailed them letters, stating they are 100% with the plan, with no conflict. Councilman Glazener said he sent a letter to Dr. Downing of LISD and will visit with him at a later date. Before going into Closed Door Mayor Amick announced his plans to run for re-election in the May 1989 election. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, 00317, V.A.C.S. SECTION 2E REGARDING LITIGATION AND 2F REGARDING LAND ACQUISITION, TO-WIT: B. H.R. BRIGHT C. J. HAWKS ESTATE D. THE MOVIE MERCHANT E. TUNKS CONTRACT F. STATE HIGHWAY 121 R.O.W. Upon reconvening in open session and with no action to be taken regarding the closed door session, Councilman Harris moved to adjourn and Councilman Marks seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 10:25 p.m. APPROVED: Don ~mick, ~a~or' ~ ATTEST: Patti A. Hicks, City Secretary [SEAL] 00317o UPPER TRINITYAJ)~(~~ t~ater Authority, Inc. JANUARY 16, 1989 CITY OF THE COLONY RESPONSE TO OUESlJOIIS · ~a~. b.e~:-' '~'s call ? .", ~_i ._ '7. · sect T~'om Participat,:en UPPER TRINITY Municipal Water Authority, Inc. I. Bond Financing: The regional agency could issue bonds on The Colony's behalf for specific facilities. J. In future years, regulatory agencies will increasingly require participation in regional systems where such service is ava i 1 able. 2. Would The Colony receive any revenue from serving other cities through the Dallas water line? A. No, if present ~ra~tices are continued. Dallas makes its agreements directly with individual cities without sharing any of The Colony's cost. ~ B. Yes, if The Colony takes full advantage of temporarily surplus capacity. C. Yes if The Colony participates with UTMWA in an agreement for regional use of the remaining pipeline capacity. 3. ~ An original concept was for The Colony to serve as the regional supplier or to operate a regional wa~ter or was~ewater plant. Why was the concept changed? A. The master plan developed by the Steering Committee, with The Colony participating, calls for the regional wastewater treatment plant to be north of The Colony. The plan has not been changed. B. The same master plan projects the need for a water treatment plant near The Colony. That is still the current concept. C. We are unaware of any plans for The Colony to own and operate a permanent regional water or wastewater treatment plant. D. UTMWA participated with The Colony and others in discussions regarding interim use of The Colony's wastewater treatment plant UPPER TRINITY Municipal Water Authority, Inc. for a regional purpose. No agreement was reached. 4. The Colony would consider a 3-year membership in UTMWA in exchange for the old wastewater treatment package plant. A. The Board of UTMWA has discussed with representatives of The Colony a waiver of the 1988-1989 dues if the plant were donated. B. However, any acceptance of such a donation is contingent on a .~'2 ~ final decision to construct a regional plant near Little Elm and 5,4£,' ~ ? on an engine~ri'ng study and bids to confirm feasibility. 5. How are the bonds of UTMWA to be offered and secured? A. UTMWA will issue revenue bonds to construct facilities to serve its customers. //~ B. Those bonds will be considered to be "contract revenue" bonds, secured by contracts with the customers. Those contracts will guarantee sufficient revenue to retire the indebtedness. C. Customers will be required to guarantee bonds issued for systems in which the customer is participating,-but not for other systems. 6. General Comment. Services and benefits to participating members of the regional system will result from initiative and foresight shown by participants. The program will be voluntary; the potential is unlimited.