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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 5 0 0 4 7 0 o 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 ~-' 6 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. ~ / 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 7 00471 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. 1 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 OO, 7'!4 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. 9 00 7! 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 10 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 11 004710 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