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HomeMy WebLinkAbout07/06/1992 City Council 004406 MINUTES OF THE CITY COUNCIL MEETING HELD ON JULY 6, 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 6th day of July, 1992, at City Hall with the following Council roll call: William W. Manning, Mayor Absent Mike Lynch, Councilman Present Billy Sharp, Councilman Present Joe Agnew, Councilman Absent Tom Bogan, Councilman Present John Dillard, Councilman Present Joel Marks, Mayor Pro-tern Present and with seven present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT All persons signed up to speak wanted to speak regarding Item No. 5 so Mayor Pro- tem Marks asked them to hold their comments until that item is addressed. 3. PRESENTATION TO FORMER COUNCILMAN ROB BURCHARD Mr. Burchard was unable to be present. This item will be addressed again on July 20, 1992. 4. CONSENT AGENDA Mayor Pro-tem Marks summarized the items on the Consent Agenda. Councilman Sharp pulled Item C for further discussion. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD JUNE 15, 22, AND 29, 1992 Motion to approve the minutes as written - Lynch; Second - Dillard. Motion Carried with a unanimous roll call vote. B. CONSIDERATION OF A REQUEST FROM FRIDAY NITE LIVE, INC. TO FRANCHISE AND SUB-LET THE COLONY LOCATION 004407 Motion to approve the franchise as recommended - Lynch; Second - Dillard. Motion Carried with a unanimous roll call vote. C. CONSIDERATION OF AMENDMENTS TO THE COLONY PERSONNEL POLICY AND PROCEDURES MANUAL; ADDING SECTION 2.18 RELATING TO APPLICANT ELIGIBILITY LISTS AND AMENDING SECTION 4.15(3) RELATING TO PAYMENT OF COMPENSATORY TIME Councilman Sharp noted we would probably get better applicants if we continued to advertise as we are doing now. Bob van Til said it is always good to make the process competitive. Councilman Sharp asked how anyone would know the position was open if we did not advertise. Mr. van Til said this amendment would save us money and time, noting that very often we have the same people apply the second time. Councilman Sharp agreed with using the existing applications, but said again he wants us to continue advertising also, and asked how much money would be saved on advertising. Mr. van Til stated he did not have those figures at this time. Councilman Dillard asked if positions are posted and Mr. van Til stated that we do. Councilman Dillard suggested using those applications on hand and then if no desirable applicants, advertise. Councilman Bogan said both ideas have merit, however, he thinks 6 months is too long and suggested that 60 days would be more reasonable, and then after 60 days, we could re-advertise. Councilman Lynch said the eligibility list would be only those applicants that have been previously interviewed and he agreed with this amendment except he thinks 60 days is better than 6 months. Councilman Sharp again maintained that we would get better applicants if we continue to advertise. Motion to approve the procedures as presented, adding to Section 2.18 that advertising would be continued as in the past - Sharp. No second, motion died. Motion to approve as presented, amending Section 2.18 to read 60 days instead of 6 months - Bogan; Second - Lynch. Motion carried with the following roll call vote. Lynch - Aye; Sharp - No; Bogan - Aye; Dillard - Aye; Marks - Aye. D. CONSIDERATION OF A CONTRACT WITH ROBERT POPE AND ASSOCIATES AS CONSULTANT FOR S.H. 121 FOR THE PERIOD OF FEBRUARY 1, 1992 THROUGH JANUARY 31, 1993 Motion to approve the contract as recommended - Lynch; Second - Dillard. Motion Carried with a unanimous roll call vote. 5. CONSIDERATION OF A RESOLUTION APPROVING THE ARTICLES OF INCORPORATION FOR THE COLONY ECONOMIC DEVELOPMENT 4 004408 CORPORATION AND REVIEW OF THE BYLAWS FOR SAID CORPORATION Bob van Til advised the Council that the Articles of Incorporation are enclosed in the packet for consideration and the Bylaws are enclosed for review. Mayor Pro-tem Marks opened the floor to the citizens who had signed up to speak: Joyce Fulco, 4712 Clover Valley had two questions; 1) Will only homeowners in The Colony be allowed to get a loan from the Economic Development Corporation (EDC)? 2) Who will choose the people who will serve on the EDC Board? Paul Tidwell, Chairman of The Colony 2000 responded stating that the Corporation will have the power to make loans but that will be one of the lesser activities of the Corporation. Mr. Tidwell said loans however, will not be restricted to homeowners in The Colony, but will be restricted to businesses in The Colony with employees from The Colony. Going on, Mr. Tidwell said The Colony residents could certainly be given preference. Mr. Tidwell said the purpose is to expand the economic tax base in The Colony. John Gordon, member of The Colony 200 and President of The Colony Chamber of Commerce said the main focus is to promote economic development, create jobs and spread out the tax base. The second question was fielded by Mr. Tidwell, who stated the City Council will choose the 5 directors of the Board, as set out in the bylaws. He said there is some leeway as to parameters, and noted that the bylaws call for one member to be on the City Council, one member to be a member of the Chamber, one position may be a non-resident (someone with contacts and influence outside our immediate area which would benefit The Colony). Mr. Tidwell said the committee has given consideration to suggesting certain names to the Council but the committee doesn't want this to become a personality issue and said they (committee) prefer to recommend a certain criteria for persons that would serve to the Council. He went on to say that perhaps they need to add some things to shy away from, giving an example: A real estate person might have a conflict of interest, as well as a large landowner. Mayor Pro-tem Marks said at this point all questions would be asked and written down and then the committee will respond to all the questions after everyone speaks. Toby Pollard, 5401 Sutton Place, said the tax is proposed not to exceed 5 years and that should be on the ballot. Mr. Pollard also asked about the terms of office and if there is a limit to how many terms a director may serve. Chris Cox, 5957 Carroll Drive, said several decisions are yet to be made before August and said the Council should prepare to act quickly to appoint members to the Board so the voters will know who they are and the board members will know what they are to do. Mr. Cox also said the records should be open to the public. Two specific points of Mr. Cox were 1) Make it known when the council will interview for board members, 2) Make the records open. Mr. Dick Weaver, The Colony 2000 member said the board is under the Open Records Act, and the records will be open. Ken Wood, 5000 N. Colony Blvd., said those in favor will have a hard time convincing me, going on he said thanks to the Robin Hood Plan, everything has gone up and 00440 our pay hasn't. Mr. Wood said government is to provide services that the private sector can't. He said he realizes that many cities are doing this and that we may be hurting ourselves if we don't do it. Mr. Wood went on to say he understands the council will appoint the board members and then cited Item 4C, stating that he hopes the council gets more information before making those appointments than it got when approving that item of the agenda. He noted the council had asked how much money would be saved by not advertising and staff did not have an answer, but the council approved the item anyway. John Mitchell, 4301 Queen Circle, said he doesn't see how anyone can make a decision with the information given and said he wants to know how the money will be spent. Mr. Mitchell noted the committee has worked hard, but they are only making recommendations to the council. Mr. Mitchell asked who is going to be accountable to the voter to tell them what this is all about. He said he wants more information on the legislation, the bylaws of the board and how the money can be spent. Mayor Pro-tem Marks said the Council does not decide if the tax will pass or not, noting the council is only acting on the Articles of Incorporation tonight to get things rolling. Mr. Cox again spoke, stating he wants to know what he is voting on, noting "we are lacking a plan". Mayor Pro-tem Marks said he thinks it is the intent of the committee to get more information out on the issue. Councilman Bogan said The Colony 2000 is proposing a concept to provide economic development and there are a lot of questions that cannot be answered until the board is actually appointed, going on to say it is hard for The Colony 2000 to be specific. John Gordon made a broad general statement; the Council appoints the Board of Directors, the citizens have a voice by virtue of the fact that they elected the Council. The Board will make recommendations to the council, who may or may not approve those recommendations, again the citizens do have a voice. Mr. Gordon went on to say that House Bill 971 does specify 4 things the money can be used for: 1. make loans to new business 2. make loans to existing business 3. create an industrial park 4. provide infrastructure Mr. Gordon reiterated, the only thing the money can be spent for is economic development. He noted this will amount to about $22.50 per year per taxpayer, and said the committee will be getting as much information out to voters as possible, but went on to say the committee can't guarantee this action will ensure that taxes will go down, however, it is certainly possible. Going on, Mr. Gordon said our Chamber is young and doesn't have much money to promote the city, and said the 10% from this tax will help. He said this is a good city with lots to offer. At this time the questions were answered in the order in which they were asked. 1. Ballot wording. 6 0044 .0 The ballot can be amended to include the 5 year limitation and all agreed that it should be done. 2. Terms of Office of Board of Directors The terms of office are 3 years, however the initial terms will be staggered. There is no limitation by law but certainly that could be added. The directors will serve without compensation, but may be reimbursed for out of pocket expenses to attend the meetings. 3. Names of directors known before the election. There has been lots of discussion regarding this, pro and con. Right now the committee feels names would confuse the concept. Each councilman has been elected to serve and will appoint these people. The real issue is does The Colony want to take advantage of this legislation. The committee doesn't think the names of people is pertinent. 4. Records and meetings open to public. It was noted that the bylaws state the corporation is subject to the Open Records Act and as an open body, the records would be subject to the Open Records Act. 5. Who is accountable to the voters? The citizens do have a voice. There is a five year limit on the tax, if it is not good then it will go away. If it is a good thing the citizens may want to continue the tax. After 5 years the tax will go away. The Corporation will continue to exist and would administer any funds. Retail services will not cause the tax burden in our city to shift. We need to create an opportunity for light industrial. All sales tax would increase. Mr. Tidwell said he agrees that government and business are separate philosophically, but today it is a matter of sink or swim and we (The Colony) must compete. It is not possible for the private sector to accomplish this. The City and Chamber budgets do not have the money to compete with area cities to encourage economic development, noting again that only 10% can be used for promotion. Mr. Dick Weaver said he would be happy to have people come to his house to answer questions for them and said anyone wanting a copy of the Articles of Incorporation and bylaws could pick one up at City Hall. Mr. Weaver went on to state that all provisions for the board to take on debt has been removed. Rick Robinson asked about paid staff and Mr. Tidwell said not initially. Chris Cox asked what would happen if the 1/2 cent tax fails. Mr. Tidwell said more of same would happen because there is no money and no good alternative plan. Mayor Pro-tem Marks stated the best way to address these questions is through a public forum and recommended the committee hold one for running on cable, and noted the council does need to get on with the issue at hand. Councilman Lynch said on page 5, section 3 we should add (c) regarding books, 7 004411 records being subject to the Open Records Act and noted that the time limit does need to be on the ballot. Councilman Sharp said he wants to see a financial report published on a quarterly basis in the local newspaper. Going on, Councilman Sharp said he thinks only 3 members of the board need to be The Colony residents. Councilman Bogan suggested changing the word four to a "majority" and not setting out a specific number. Councilman Dillard thanked all for coming forth and encouraged everyone to get a copy of the Articles of Incorporation and bylaws, stating these documents would probably answer most questions. Motion to approve the Articles of Incorporation with changes - Lynch; Second - Bogan. City Secretary Patti Hicks clarified the recommended amendments: 1. Add (c) to page 5 Section 3 stating records, books, etc. are subject to the Open Records Act. 2. A quarterly financial statement should be published in the local newspaper. Motion carried with a unanimous roll call vote. 6. CONSIDERATION RE-ALLOCATION OF PARK BOND FUNDS AS RECOMMENDED BY THE PARK AND RECREATION BOARD Bob van Til stated the racquetball courts are in bad need of repair and the Park and Recreation Board has recommended re-allocating bond funds to partially fund the repairs. Mr. van Til noted the balance of the funds would come from revenue generated by Friday Nite Live and possibly from the Building Maintenance line item, noting this would repair only one court. Mr. van Til said the council is asked to re-allocate $5000.00 from a proposed jogging trail for this use. Sylvia Brantley said this would have to be bid and it would probably be October or November before the work would be done, going on she said the council is being asked to approve the re-allocation in case the other funds become available, noting she was not sure the other funds would be there. Councilman Sharp asked what Friday Nite Live had generated so far, and Ms. Brantley said by mid-July the total will be approximately $4117.00 Mayor Pro-tem Marks expressed two concerns: 1) Prefer to have both courts repaired and 2) would like to see part of the $5000.00 used to buy equipment for Lions Club Park. The Mayor Pro-tem went on to recommend that all council vote against this recommendation and work with the Park and Recreation Board for another plan. Councilman Lynch reminded everyone that if this is voted down tonight, then it will take four council signatures to bring it back on an agenda. 8 004412 Motion to postpone this item until another plan is brought to the Council to include both racquetball courts - Lynch; Second - Dillard. Motion carried with a unanimous roll call vote. 7. CITY MANAGER'S REPORT Lions Club Park - Mr. van Til reported that he, Sylvia Brantley and Ken Leverich met with representatives of the Lions Club and had come to an agreement on how fall zones would be constructed, stating that the problems with the park are basically solved. Councilman Lynch asked if the Lions asked for financial assistance. Mr. van Til said they did not, noting the biggest obstacle is labor to install the equipment. He said the Lions will do the installation and the City will provide the materials. With no further business to address Mayor Pro-tem Marks adjourned the meeting at 9:20 P.M. APPROVED: ~'William W. M~ann~r~g,'(~Iayor ATFEST: Patti A. Hicks, CMC/AAE City Secretary 9