HomeMy WebLinkAbout02/22/1993 City Council0 0 4 7 0 7
MINUTES OF THE CITY COUNCIL MEETING
HELD ON
FEBRUARY 22, 1993
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 22nd day of February, 1993, at City Hall with the following
Council roll call:
William W. Manning, Mayor Present
M~keI Lynch, Councilman Present
Billy ISharp, Councilman Present
Joe Agnew, Councilman Present
Tom Bogan, Councilman Present
John Dillard, Councilman Present
Joel Marks, Mayor Pro-rem Present
and with seven present, a quorum was established and the following items were addressed:
1. PLEDGE OF ALLEGIANCE
2. CITIZEN INPUT
Dick Weaver, 4940 Hackney Lane, addressed the Council regarding the management
study conducted in lthe City. Stated article in the paper was good and contained accurate
information from the study but there has been nothing since. Wants public to be kept
informed as to what is going to be done to utilize the study. Mayor Manning stated this was
addressed at the recent two day retreat and assured Mr. Weaver this would be a living
document which would be used to improve City operations. Mr. Weaver indicated he would
like to see weekly updates~ in the paper. Also stated study shows need for an organizational
chart. This was do~e in the past by Mr. Frank Cuda on his personal computer and he still
has this. We just need to contact him and let him know of any staff changes and he can
update. Also study showed the need for job descriptions. Mayor Manning responded that
the organizational chart is now complete and handled by staff and the job descriptions are
almost complete. Mr. Bogan stated there would be a comprehensive response to the study
prepared by Council and issued by year end. Mr. Weaver said that was too long to wait to
get information out to the public who paid for the study.
3. MAYORAL PROCLAMATION DECLARING MARCH 4, 1993 AS CAMEY
ELEMENTARY DAY
Mayor Manning read the proclamation as follows:
WHEREAS, the history of public leaders and other achievers documents the
way in which education and schools have influenced their lives; and
WHEREAS, Camey Elementary School was the first schooI constructed by the
Lewisville Independent School District in the City of the Colony, for the purpose of
providing educational services to the local community; and
WHEREAS, Camey Elementary opened for classes in August of 1977 and has
now served the community for 15 years; and
WHEREAS, many former Camey Elementary students have gone on to achieve
success in their higher education as National Honor Society members, athletic team
members, Art National Honor Society members, class officers honor roll students and
various other accomplishment; and
WHEREAS, on March 4, 1993, Camey Elementary will celebrate its 15th
Anniversary as a community resource, dedicated to serving all equally, to provide access to
the rapidly growing world of information, to stimulate the creativity and intellect of the
community's students and to expand the horizons of our youth; i
NOW, THEREFORE, I, William W. Manning, Mayor, ~f the City of The
Colony, Texas do hereby proclaim March 4, 1993 to be CAMEY ELEMI~. NTARY DAY, and
I urge the citizens of The Colony to join in this joyous celebration by attending the special
Open House being held at the school on Thursday, March 4, 1993.
SIGNED AND SEALED this 22nd day of February, 1993.
William W. Manning, Mayor
City of The Colony, Texas
Patti A. Hicks, CMC, City Secretary
Ruth Eidenier, principal of Camey Elementary, accepted the proclamation. She
expressed her thanks to the City for their support of the school and invited everyone to
attend the special open house March 4, 1993. She recognized Rhonda Clark and Jeannie
Britton, two teachers at Camey Elementary and Daft Goff, a parent representative.
4. MAYORAL PROCLAMATION DECLARING FEBRUARY 21 - 27, 1993 AS
LIBRARY VOLUNTEER RECOGNITION WEEK
Mayor Manning read the proclamation as follows:
WHEREAS, The Colony Public Library was born of the efforts of a loyal group of
volunteers; and
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WHEREAS, todays volunteers continue to play an active role in the daily activities
of the Library through presenting storytimes and film programs, processing new materials,
repairing damaged materials, and assisting at the circulation desk; and
WHEREAS,I these volunteers give selflessly of their time to support the Library's
informational, cultttral, educational, and recreational role in the community; and
WHEREAS,[ the efforts of these volunteers enable the Library to continue to meet
the growing demarid of the citizens of the City of The Colony for quality public library
services; and [
WHEREAS, in 1992, the volunteers of The Colony Public Library are to be
commended for their contribution of a combined total of over 2,700 volunteer hours in
service to their community;
NOW THEREFORE, I, William W. Manning, Mayor of the City of The Colony,
Texas do hereby proclaim the week of February 21-27, 1993 as
LIBRARY VOLUNTEER RECOGNITION WEEK
SIGNED AND SEALED this 22nd day of February, 1993.
William W. Manning, Mayor
Patti A. Hicks, CM C/AAE
City Secretary
Joan Sveinss on, Library Director, accepted the proclamation and invited all citizens
and City staff to attend a reception Sunday, February 28, 1993 at 3:00 p.m. at the City Hall
to recognize the many volunteers who assist our Library staff and citizens.
5. PUBLIC HEARING ON APPLICATION OF MR. RONALD DUPLER FOR A
CHANGE OF ZONING ON PROPERTY ZONED AS SHOPPING CENTER
SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND
ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING
DESCRIBED PROPERTY A SPECIFIC USE PERMIT FOR THE OPERATION
OF A GUN SHOP
5204 SOUTH COLONY BOULEVARD, SUITE 170
Motion to open the public hearing - Sharp; Second - Bogen. All Ayes
Mr. Dupler was not in attendance. Councilman Marks asked Mr. van Til if he would ~-'
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explain the Planning & Zoning Commission's recommendation. Mr. van Til stated the
primary issue with the P&Z was security. They felt the alarm system was inadequate for the
type of business. They also expressed concern about the relationship of this type of business
to the crime rate.
Councilman Marks asked for the exact location and was told this is the southwest
corner of Paige Road and South Colony Boulevard, the suite previously occupied by the Post
Office.
Councilman Marks inquired if notices had been sent to surrounOing businesses and
residents. Mr van Til indicated seventeen (17) notices were mailed; only one response was
received and it was favorable. ~
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Mayor Manning asked if Mr. Dupler was notified of tonight's ~earing, the correct
time and placement on the agenda. Mr. van Til stated he had spoken With Mr. Dupler by
phone and written notice was sent also.
Councilman Marks wondered if such a business is really needed in a city our size.
We are looking at bringing in a business which is being restricted in other cities and states,
for example legislation is being considered in Virginia to restrict the number, of guns an
individual may purchase and the city of Fort Worth's program t6 buy back guns.
Councilman Dillard said we already have a place to buy guns in the City, Wal-Mart. He
sees no problem with this business and would like to bring this item back when Mr. Dupler
can attend and answer any questions.
Motion to close public hearing - Sharp; second - Agnew. All ayes.
6. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF
ORDINANCES BY AMENDING APPENDIX A-ZONING GRANTING A
SPECIFIC USE PERMIT FOR THE OPERATION OF A GUN SHOP AT THE
BELOW DESCRIBED PROPERTY
5204 SOUTH COLONY BOULEVARD, SUITE 171
As Mr. Dupler was not in attendance, motion was made to table ;his item until such
date as Mr. Dupler and all council members will be in attendance.
Motion to table item - Dillard; second - Sharp. Motion carriedl with the following
roll call vote:
Lynch - Aye, Sharp - Aye, Agnew - Aye, Bogan - No, Dillard - Aye, Marks - No, Manning -
Aye.
7. CONSENT AGENDA
A. CONSIDERATION OF REJECTION OF THE BIDS FOR THE
REMOVAL OF THE SEWER TREATMENT PLANT
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Motion to reject the bids as recommended - Sharp; Second - Agnew. Motion carried with
a unanimous roll call vote.
B. CONSIDERATION OF A RESOLUTION AUTHORIZING INTERLOCAL
AGREEMENTS WITH DENTON COUNTY FOR THE PROVISION OF FIRE
AND AMBULANCE SERVICES
Motion to approve the resolution as written - Sharp; Second - Agnew. Motion carried with
a unanimous roll call vote.
C. CONSIDERATION OF A RESOLUTION SUPPORTING THE ADOPTION
OF LEGISLATION PROVIDING CAPITAL PUNISHMENT FOR PERSONS
WHO ABUSE AND MURDER CHILDREN
Motion to approve !he resolution as written - Sharp; Second - Agnew. Motion carried with
a unanimous roll clall vote.
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D. CONSIDERATION OF A RESOLUTION AUTHORIZING
PARTICIPATION IN THE DENTON COUNTY DRUG TASK FORCE
Motion to approve the resolution as written - Sharp; Second - Agnew. Motion carried with
a unanimous roll call vote.
E. CONSIDERATION OF AUTHORIZING THE ADVERTISEMENT FOR
BIDS RELATING TO THE NORTHEAST REGIONAL PARK
Motion to approve the recommendation to advertise for bids - Sharp; Second - Agnew.
Motion carried with a unanimous roll call vote.
F. coNSIDERATION OF AUTHORIZING FILLING A VACANCY AT THE
AQUATIC PARK
Motion authorizing filling of vacancy - Sharp; Second - Agnew. Motion carried with a
unanimous roll call vote.
G. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 19-3
DESIGNATING THE PUBLIC WORKS DIRECTOR AS TRAFFIC ENGINEER
Motion to approve ~ ordinance as written - Sharp; Second - Agnew. Motion carried with a
unanimous roll call vote.
8. RECEIVE PRESENTATION FROM JOHN WEINBERG REGARDING
PROPOSED RATE INCREASE BY TEXAS UTILITIES ELECTRIC
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Mr. John Weinberg presented a 27 page summary of the rate request. He stated
T.U.E. has been good partners with the City in the past and will continue to work with the
City for the best service and pricing available. Mr. Weinberg's presentation included the
following information:
The current rate increase request is 15.3%. The last rate increase, three years ago,
was 10.3%. The increase is needed to bring Unit #2 of Comanche Peak on line and to cope
with the unexpected tax expense of $110 million due to the "Robin Hood" school finance
bill. T.U.E. has taken many steps to improve efficiency and reduce the need to build
additional facilities and still keep rates down. They have trimmed staff, consolidated offices,
improved productivity and use diverse fuels. As of December, 1992, rates in this area are
17% below the national average. Bringing Comanche Peak #2 on line is the final phase of
the T.U.E. facilities expansion.
Councilman Marks stated the City was told three years ago at the last rate increase
hearings, that the next rate increase (now) would be about 10% also. The citizens of The
Colony pay taxes also and our school taxes were increased too. When will T.U.E. have to
increase rates again. Mr. Weinberg answered they thought it would be no more than 10%
three years ago but the school tax is responsible for part of the increase and he did not
know what future rates might be needed.
There followed discussion concerning nuclear power costs, regulations, cost over-runs
and alternate fuels.
Councilman Bogan stated the discussion was futile. Any decision made by council
will be appealed by T.U.E. and only the lawyers will make money.
Mr. Hall added he had attended a meeting of several cities with top T.U.E.
representatives. It was indicated then that while they were asking for a 15.3% rate increase,
they only expected to receive about 12.3%. Mr. Weinberg stated he had not heard this. Mr.
Hall went on to explain the options available to council at this time; 1) suspend rates for
90 days, 2) deny the request, or 3) approve the rate increase requested.
9. CONSIDERATION OF APPROPRIATE ACTION REGARDING THE
PROPOSED TEXAS UTILITIES ELECTRIC RATE INCREASE
Councilman Agnew asked how much it will cost the city if we suspend the rates for
90 days. Mr. Hall stated the city had joined the area cities steering committee three years
ago and still had funds on deposit with them. We could continue with the committee at no
additional cost at this time and receive information on the suit.
Mayor Manning asked if it could cost more in the future. Mr. Hall said it could but
council would have to approve any expenditure. Councilman Agnew asked what would
happen in the event council determined not to provide additional funds. Mr. Hall said we
would just drop out.
Councilman Dillard asked if we had or needed a liaison. Mr. Hall said he was not
specifically named before but all information had been sent to him. Councilman Dillard
stated he felt we needed someone to attend meetings, etc. Mayor Manning stated the cities
should stand together. Former Councilmember Dick Weaver stated we had joined
previously so we could have a voice. We are too small on our own.
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Motion to accept resolution to suspend rates for 90 days and join steering committee -
Agnew; second - Marks.
Councilman Lynch said three years ago the focal point was cost over-runs, now it is
just a flat rate increase. He would rather just pass it now and go on as we are going to pay
whatever the P.U.C. decides. Councilman Sharp said denial sends the same message to the
P.U.C. without having to bring this back in three months. Mayor Manning stated that with
the tight budget, we could get our monies back from the steering committee and avoid
possible future expense.
Motion failed with the following roll call vote:
Lynch - No, Sharp - No, Agnew - Aye, Bogan - No, Dillard - Aye, Marks - Aye, Manning -No
Motion to deny rate increase - Bogan; second - Sharp.
Councilman Marks said we would have to be sure to request a refund from the steering
committee.
Motion failed with the following roll call vote:
Lynch - Aye, Sharp - Aye, Agnew - No, Bogan - Aye, Dillard - No, Marks - No, Manning -No
Motion to accept decision of P.U.C. - Marks; second - Lynch. Motion passed with
unanimous roll call vote.
10. REVIEW AND CONSIDERATION OF THE MASTER PLAN FOR EASTVALE
PARK
Mr. Hall stated the Corps of Engineers were receptive to leasing Eastvale Park to
the City but wanted a five year Master Plan. This was reviewed by the Park & Recreation
Board February 10 and their suggestions were included for review tonight. Councilman
Marks asked if this would be a joint lease with Stewart Creek and Mr. Hall said it would.
Councilman Marks then asked if we have an amended agreement with the Corps and Mr.
Hall stated we did not at this time as the lease is conditional on the five year plan.
Councilman Lynch asked if we are bound to the five year plan. Mr. Hall said we must fulfill
what we set out in the plan but may work faster or in a different order.
Motion to approve the Eastvale Park Master Plan as recommended - Agnew; second -
Marks. Motion carried with unanimous roll call vote.
11. PRESENTATION OF PROPOSED REGULATIONS FOR TEMPORARY
OUTSIDE SALES
Bob van Til stated the need for the regulations to provide consistent enforcement and
control of temporary businesses. All council members expressed concern with various points
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of the regulations. Councilman Lynch suggested each member write out their concerns and
give to staff for review and incorporation. This item will be returned to council for
consideration after rewrite.
12. CONSIDERATION OF COUNCIL ACTION REGARDING A CONTEST TO
NAME THE NORTHEAST REGIONAL PARK
Mayor Manning said as this is the largest park area in the city, helwould like to have
the citizens involved in the naming of the park. He indicated he had f3o problem putting
up a prize ($100 savings bond). Mr. Hall pointed out we need a name b'efore the contracts
for construction can be let and this is scheduled for April 1, 1993.
13. CITY MANAGER'S REPORT
1. The Colony 2000
They would like to set up a joint work session with the council. Their next meeting
is March 9, 1993. Each council member will check their schedule and let the City Secretary
know when will be a good time to set the session.
2. Athletic Field Lights - B. B. Owens
Some residents have expressed concern because the field lights were not turned off
at 10:00 p.m. as they were supposed to. Sometimes they were left on all night.
Due to a proposed change in scheduling softball, Park & Recreation is asking that
the lights be used until 11:00 p.m. Some residents may object. Councilman Marks asked
how much it costs to use the lights for an extra hour versus the loss of team revenues.
Maybe weekends should be used for scheduling. Also should notices be mailed to residents.
Councilman Sharp said we need to try to keep the teams in The Colony and not lose
them to other cities but would like to notify residents of the later hours.
Councilman Bogan asked about automatic timers on the lights So they are not left
on. Mr. Hall said this option has been explored previously and there were problems with
power outages and storms. Funding is also a problem for the equipment.
3. TML Legislative Update
The latest issue addressed the problem of agricultural exemption for large tracts of
land throughout the State and proposed legislation to close the loop holes. Mr. Hall will
write the legislators, and especially Speaker Pete Laney, in support of this legislation.
4. Government Finance Officers Association - Certificate of Achievement
Mayor Manning stated that for the third consecutive year, Mr. James England and
his staff have been awarded the Certificate of Achievement for Excellence in Financial
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Reporting. This is a reflection of the fine work done by this department and we commend
Mr. England and staff for this recognition. Mr. England accepted the plaque on behalf of
his staff.
With no further business to address, Mayor Manning adjourned the meeting at 9:50
p.m.
APPROVED:
william W. M~anning, ~l'~yor ~
ATTEST:
Sandie Chance, Deputy City Secretary