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.