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HomeMy WebLinkAbout06/15/1992 City Council OO4384 MINUTES OF THE CITY COUNCIL MEETING HELD ON JUNE 15, 1992 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 15th day of June, 1992 at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Present Billy Sharp, Councilman Present Joe Agnew, Councilman Present Tom Bogan, Councilman Present John Dillard, Councilman Absent Joel Marks, Mayor Pro-tem Present and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Bob Stone, 4513 Northshore Drive, addressed the Council regarding Lions Club Park, reminding the Council that members of the Lions Club had come to the Council about 2 months ago about this problem. Mr. Stone said city personnel had removed some of the equipment from the park for repair about 18 months ago and it has never been returned. He said that he was told to contact Sylvia Brantley, then Tommy Turner and still nothing has been done. Mr. Stone asked who he should talk to in order to resolve this problem. Bill Hall, City Manager, told Mr. Stone that he will handle this tomorrow. 3. PRESENTATION OF EMPLOYEE RECOGNITION AWARDS Mr. Hall named the employees to receive awards, noting that none of the employees are present at the meeting. Earl Linn Dixon, Inspections Department - 8 years Glenda Kay Corrales, Public Works Department - 5 years Donald Owens, Vehicle Maintenance - 5 years David Deslauries, Fire Department - 2 years 4. CONSENT AGENDA A. CONSIDERATION OF THE MINUTES OF THE COUNCIL MEETINGS HELD ON MAY 18, JUNE I AND 8, 1992 3 004385 Motion to approve the minutes - Lynch; Second - Marks. Motion carried with a unanimous roll call vote. B. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF A COMPRESSED AIR SYSTEM AND APPROVAL OF AN ORDINANCE AUTHORIZING A CONTRACT FOR SAME Councilman Lynch asked if the MAKO bid includes training and freight. Captain Wallace stated that it is included. Motion to accept the bids, and award to Mako as recommended - Lynch; Second - Sharp. Motion carried with a unanimous roll call vote. C. CONSIDERATION OF EXTENDING A LEAVE OF ABSENCE FOR PARK AND RECREATION BOARD MEMBER, KATHY PHILLIPS Motion to approve the extension - Marks; Second - Sharp. Motion carried with a unanimous roll call vote. D. CONSIDERATION OF A RESOLUTION OF THE CITY OF THE COLONY, TEXAS APPROVING THE AMENDMENT OF SCHEDULE I TO ORDINANCE NO. 733 RELATING TO THE SUBSTITUTION OF CERTAIN PROPERTY TO BE PURCHASED WITH THE PROCEEDS OF THE CITY'S PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS SERIES 1992. Councilman Bogan noted that the brand of scanner quoted, Complete P.C. is more for home computer systems, not commercial and said that for about $300.00 more we can purchase one that will suit our needs more aptly. Mayor Manning asked if the resolution can be approved with a higher amount. Mr. Hall said the resolution is to amend the original public property financing agreement and no amount is included. Motion to approve the resolution and allow up to $1200.00 to purchase the computer scanner - Bogan; Second - Marks. Mr. Lou Gomez asked the purpose and if staff is aware that OCR software is needed as well. Mr. Hall explained the purpose and noted that we are aware of the need for the special software. Motion carried with a unanimous roll call vote. 7. CONSIDERATION OF AN ORDINANCE AUTHORIZING A FRANCHISE AGREEMENT BETWEEN THE CITY OF THE COLONY AND SOUTHWESTERN BELL TELEPHONE COMPANY 4 004386 Bill Hall introduced Ms. Sylvia Solano and Ms. Vickie Peterson representing Southwestern Bell (SWB). Ms. Peterson addressed the council regarding a new franchise proposal, stating that at the end of 1990 SWB began a new program for paying cities' franchise fees. She said with the new agreement, the City of The Colony would receive $152,000 as opposed to $45,000 received last year. Ms. Peterson said there are 160 Texas cities signed under the new agreement so far. Ms. Peterson went on to say that in the second year and the succeeding years, the amount could not decrease but it could increase. She said the payments will be paid quarterly in February, May, August and November, noting that fees under the old ordinance are paid within 60 days of passage. Going on, Ms. Peterson said this would mean an increase of $.23 per month. She said this agreement is a standard contract all over the State and if there are changes made anywhere in the State that would benefit The Colony, then SWB would come back to the city and recommend those changes. Councilman Lynch said there is no mention in the new agreement concerning wire space for police services. Ms. Peterson said that can be added. Councilman Marks asked what the cost is to SWB and how many cities have signed this agreement that are involved in the Arlington case. Ms. Peterson said that according to PUC rules, SWB cannot keep any of these costs and she stated that this agreement does not require cities to withdraw from any intervention. She said the release clause refers to terms of the old ordinance #219, not the PUC case. Councilman Marks asked what benefit there is to the customer. Ms. Peterson said the benefit to the customer is dependent on how the city uses the additional funds. Councilman Marks asked if the $.23 will go up next year. Ms. Peterson could not say, but noted that last year some of them went down $.01 and some went up $.01. She said SWB wanted The Colony to know this is available and that the City can take less than the $152,000 if the council so desires. Councilman Bogan asked how the money is tripled at just $.23 per customer. Ms. Peterson explained that business and EAS customers bills would increase significantly, ie. EAS bills would increase from about $.70 to $1.80 a month due to the line rate, whereas the $.23 increase is for straightline customers only. Councilman Agnew said that increase concerns him. Ms. Peterson said the city can phase in the increases to minimize the customer impact. Mayor Manning said he would like to see a detailed break down of where the costs will come from, noting he can't make a judgement on the impact on our citizens from this information. Ms. Peterson said all The Colony customers pay the same amount of pro rata municipal fees and with the new ordinance that would be 6%, going on to say if it is left at the current $.27 the city would receive approximately the same as last year. Mayor Manning said he wants more information, noting that perhaps the old EAS committee should be resurrected. Mr. Lou Gomez said this is a pass through tax and asked what we are getting for it, suggesting that if it is approved the money is set aside for road repairs. Mr. Gomez said there is always a need for road repair funds. He also said the committee is a good idea. Dick Weaver said he doesn't see why SWB should have anything to do with taxing the people of The Colony. 004387 Mayor Manning said he wants this postponed for more information. Councilman Marks said this may be a good time to review what the customers really got with EAS. Councilman Marks went on to note there is a termination clause of 5 years, and if we approve this will the fee go down at the end of 5 years. Ms. Peterson explained that the ordinance allows SWB to use the streets of The Colony and without the ordinance then the city will receive no fee at all. She said the driving force behind the new ordinance was that many cities in Texas felt SWB should be paying all cities the same and that the only change is the method of compensation. She went on to say that if the City wants to keep the old ordinance, it is O.K. with SWB. Motion to postpone indefinitely until further information is received, specifically regarding the 625 exchange - Agnew; Second - Sharp. Councilman Agnew said that his phone bill could be used as a model if necessary. Councilman Marks said he is aware there is a motion on the floor, but he wants to vote no on this, stating that no one wants to have there bill increased to give the city $150,000. Mayor Manning noted that it really makes no difference to SWB if this is passed or not. Ms. Peterson agreed, stating the current ordinance is sufficient, and that the new one is intended to benefit the city and if it doesn't then the council should not approve the new ordinance. Motion to postpone carded with the following roll call vote: Lynch - Aye; Sharp - Aye; Agnew - Aye; Bogan - No; Marks - No; Manning - Aye. 5. CONSIDERATION OF AN ORDINANCE CALLING AN ELECTION IN THE CITY OF THE COLONY ON THE 9TH DAY OF AUGUST FOR THE PURPOSE OF ADOPTING AN ADDITIONAL ONE-HALF CENT SALES AND USE TAX TO BE USED FOR IMPROVING AND PROMOTING ECONOMIC AND INDUSTRIAL DEVELOPMENT Mayor Manning read the caption in its entirety as follows: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ORDERING AN ELECTION OF THE QUALIFIED VOTERS OF SAID CITY ON THE EIGHTH DAY OF AUGUST, 1992, FOR THE PURPOSE OF ADOPTING AN ADDITIONAL ONE-HALF CENT SALES AND USE TAX WITHIN THE CITY OF THE COLONY TO BE USED FOR IMPROVING AND PROMOTING ECONOMIC AND INDUSTRIAL DEVELOPMENT BY THE CITY OF THE COLONY ECONOMIC DEVELOPMENT CORPORATION BOARD The Mayor said that for the last few years we have heard many candidates promise to bring economic development into this city. He said this gives us the chance to "put our money where our mouth is" and that we would be remiss if the citizens are not given the 6 004388 chance to vote on this issue. Motion to approve the ordinance - Lynch; Second - Bogan. Mayor Manning said this would increase all sales tax by 1/2 cent and noted that The Chamber and The Colony 2000 Committee has a big job ahead to educate the voters on this tax. Councilman Bogan said according to his calculations, this will only cost citizens an average of $10-$12 per year. Mr. Dick Weaver, member of The Colony 2000 Committee, said not to forget any non-residents will be contributing every time they make purchases in The Colony. Paul Tidwell, Chairman of The Colony 2000 said they plan to hold public forums to answer questions of the citizens. Mr. Tidwell said a Specific Purpose Political Committee will be established so the group can raise and expend funds to promote the election. Motion carried with a unanimous roll call vote. 6. CONSIDERATION OF A RESOLUTION CREATING THE COLONY SMALL BUSINESS INCUBATOR PROGRAM Councilman Bogan said he thinks this is a great program, but he wants to see the lease term shortened to 2 years with 1 year extensions and said a zoning change on the property where Fire Station No. 3 is located will be needed so the .building can be used for this purpose. Bill Hall said this is to establish a Small Business Incubator Program and there may be many things that have to go to P & Z. Bob van Til said the area is now zoned Planned Development which will allow flexibility in the building and noted that P & Z will not have a large part in the program. Councilman Bogan said zoning needs to be addressed before we can move on this. Councilman Marks asked if we can help any business, whether they locate in the Fire Station or not and Mr. van Til said that at first staff thought about doing that and had in fact met with a local landlord about offering reduced rent for small businesses. The landlord would not reduce the rent enough to benefit the businesses. There followed a lengthy discussion regarding number of tenants, space allowed for each, criteria for tenants, and the relationship of the S.B.I. and the upcoming 1/2 cent sales tax election. Mr. van Til stated that the S.B.I. and the tax are separate and that both will benefit the City of The Colony. Councilman Lynch said there is a possible linkage between the S.B.I. and the 1/2 cent sales tax with regard to loans to small businesses. Going on, he said if passed tonight, would we also be adopting the rules and the members of the Small Business Advisory Council. Mayor Manning said yes and if changes are needed then it would come back to Council. Councilman Lynch said he had given several changes to Mr. van Til before he left on vacation, but those were not included in this packet and that he would like to see them included. Councilman Lynch also said he would like to see a resume of the proposed members of the S.B.A.C. 7 004389 Discussion regarding the purpose of the S.B.A.C., how they will operate and why the particular proposed members were recommended. Mr. van Til said the S.B.A.C. will be assisting small, new businesses in getting on their feet, answering questions and giving advice. Motion to postpone to a work session - Lynch; Second - Bogan. Mayor Manning suggested a work session June 22. Councilman Marks said all council should get their questions to Bob van Til early enough for him to answer them before the work session. Dick Weaver said it is unfortunate this came up tonight, noting The Colony 2000 Committee has thought along these same lines. Bill Hall said this is not a conflict with the 1/2 cent sales tax. Motion carried with a unanimous roll call vote. 8. CONSIDERATION OF AUTHORIZING A CONTRACT WITH A CONSULTING FIRM TO CONDUCT STUDY OF CITY DEPARTMENTS' Mayor Manning said this issue had been postponed until a full council had been seated. Going on, the Mayor said he thinks all are aware the purpose of this study is to study city departments and give us ideas for improvement. Mayor Manning asked the two member committee to give their input regarding the two firms. Councilman Lynch said the price between the two firms was not a major issue, stating he is in favor of Ray and Associates because they had stressed response to citizens and because interim reports will be submitted for action and if the .action is taken the outcome of the study could change. Councilman Sharp said he is in favor of Ralph Andersen and Associates, noting both firms will do the same thing. He said Andersen indiCated a broader scope, more details of all departments and a more in depth report. Councilman Marks asked if Andersen will interview with individual council as Ray said they would and Councilman Sharp said that woUld be done so the firm will know what the real concerns of Council are. Motion to authorize a contract with Ray and Associates t° conduct a management study - Lynch; Motion died due to a lack of a second. Motion to authorize a contra~t with Ralph Andersen and Associates to conduct a management study - Sharp; Second - Agnew. Motion carried with unanimous roll call vote. Mayor Manning said he would like a work session with the representative of the company. Bill Hall recommended having the work session on June-22 and all agreed. 8 004850 9. CITY MANAGER'S REPORT 1. There have been questions from time to time regarding group rates into Stewart Creek Park from companies such as EDS, Frito Lay, etc. Ms. Brantley had requested a group rate from the Corps and has received an answer. The Corps said any group over 100 could enter the park for a rate of $300.00. Mr. Hall said this is not really a loss of revenue, stating it will be advertised, which should enhance the use of the park. Mr. Hall said no council action is needed, but would like their agreement. All agreed on the group rate. 2. Friday Night Live program has requested to sublease a portion of this franchise. This will come back to council for action. 3. The Colony Cougar Football Program. City Council and staff members have been sponsoring the program for several years. Please let City Manager know if you wish to participate. 4. The Council addressed the location of the July 4th Fireworks display and agreed it should not be at Stewart Creek Park. Mr. Hall has tried to coordinate use of the high school stadium and today heard of another change to those plans. Mr. Hall said if no one has any objection, he will move ahead with helping to get the stadium and if the stadium can't be used, then the area behind the Recreation Center could be used. Mayor Manning said he thought of the strip of land behind the old animal shelter because the display could be shown over the lake. He contacted F&J and got their permission and then called Beverly Smith. Mayor Manning said he thought it would be a compromise to allow the fireworks where people who donated and are a part of the lake community could see it. Bill Hall said this has to be settled by Friday. If the permit is not in the mail by Friday, the display cannot take place. With no further business to address, Mayor Manning adjourned the meeting at 9:44 p.m. APPROVED: o William W. Manning, Mayor ATI'EST: Patti A. Hicks, City Secretary 9