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HomeMy WebLinkAbout11/01/1993 City Council 004970 MINUTES OF THE CITY COUNCIL MEETING HELD ON NOVEMBER 1, 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 1st day of November 1993, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Present Toby Pollard, Councilman Present Joe Agnew, Councilman Present Tom Bogan, Councilman Present John Dillard, Councilman Present Joel Marks, Mayor Pro-tem Present and with seven present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CONSENT AGENDA At this time, City Manager, Bill Hall introduced Ms. Sheryl Adams, who, with the council approval of item 2 C, will be serving as the Alternate Municipal Court Judge. Mayor Manning summarized the items on the Consent Agenda. Item D was pulled for discussion. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD OCTOBER 18 AND 25, 1993 Motion to approve the minutes as written - Agnew; second - Dillard, carried with a unanimous roll call vote. B. CONSIDERATION OF A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT WITH DENTON COUNTY FOR LIBRARY SERVICES Motion to approve the resolution as written - Agnew; second - Dillard, carried with a unanimous roll call vote. C. CONSIDERATION OF APPOINTMENT OF L. SHERYL ADAMS AS ALTERNATE MUNICIPAL COURT JUDGE Motion to approve the appointment as recommended - Agnew; second - Dillard, carried with a unanimous roll call vote. D. CONSIDERATION OF AUTHORIZING THE REALLOCATION OF PARK BOND FUNDS FOR IMPROVEMENTS TO SLAY/BAKER, PERRYMAN AND FRIENDSHIP PARKS Councilman Bogan said the work at Perryman Park ~s maintenance not an improvement, and that bond money should only be spent on improvements to parks. Bill Hall said a complaint had been received regarding the shelter at Perryman Park and the Parks & Recreation Board felt these improvements should be made. Chairman King noted the items at Slay/Baker and Friendship parks are new items, not repair. She went on to say Perryman Park is heavily used and understands that bond money can be used since this would be an improvement to the park. Mr. Hall said he shares Councilman Bogan's concern and said there is money in the budget to repair the shelter, but noted it can also be done with bond money. Councilman Lynch said $1000.00 isn't enough to handle this project and suggested leaving the amount in this proposal and taking enough from the budget to purchase a new shelter. Councilman Bogan agreed that a shelter is needed, but reiterated that bond money should not be spent to repair items. Councilman Marks and Agnew asked if this would be a complete replacement and Ms. Sylvia Brantley said she is not sure the shelter can be saved, noting it would have to be completely remodeled. Motion to approve the reallocation as recommended with the exception of Perryman Park - Bogan; second - Marks. Councilman Lynch asked staff to provide the cost to replace the shelter at Perryman. Bill Hall said staff will research and get the costs to remodel and if that can't be done, then the cost to replace, which would be an improvement and bond money could be used. Motion carried with a unanimous roll call vote. E. CONSIDERATION OF AUTHORIZING THE INCREASE OF THE REPLACEMENT FEE FOR IDENTIFICATION CARDS FOR THE RECREATION CENTER Motion to approve the increase as recommended - Agnew; second - Dillard, carried with a unanimous roll call vote. F. CONSIDERATION OF AUTHORIZING AN INTERLOCAL AGREEMENT WITH NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR TRAFFIC COUNTS 004985_ Motion to approve the agreement as written - Agnew; second - Dillard, carried with a unanimous roll call vote. G. CONSIDERATION OF REJECTION OF THE BIDS RECEIVED FOR THE RE-PAINTING OF THE OVERHEAD STORAGE TANK ON NORTH COLONY BOULEVARD, AND AUTHORIZATION TO RE-ADVERTISE FOR BIDS ON THIS PROJECT Motion to approve rejection of bids as recommended - Agnew; second - Dillard, carried with a unanimous roll call vote. 3. CONSIDERATION OF A RESOLUTION CASTING 187 VOTES FOR ONE OR MORE CANDIDATES TO SERVE ON THE DENTON CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS Mayor Manning advised the city has been contacted by several persons regarding this item, including Commissioner's Court. He said Tracy Clinton is recommended by LISD and Lewisville. Mayor Manning stated if we vote for Vern Roberts, our own nominee, the votes will be wasted because 187 votes is not enough to get anyone on the Board. Bill Hall agreed, stating that LISD and Lewisville do not have enough votes either and they have asked that we support Tracy Clinton with our 187 votes. Mayor Manning said he believes we should support someone who has a chance to win. Councilman Lynch agreed and suggested that next year The Colony make a recommendation to the other entities. Motion to cast 187 votes for Tracy Clinton - Lynch; second - Bogan, carried with a unanimous roll call vote. 4. CONSIDERATION OF APPROVAL OF EXEMPTION OF ANNUAL PARK PASSES FOR SPECIAL EVENTS AT STEWART CREEK PARK Bill Hall said a request had been received from the Sail Fair Committee to make annual passes invalid for entrance to Stewart Creek Park during Sail Fair. Mr. Hall said the Parks & Recreation Board has recommended denying the request and it has been forwarded to the Council for final action. Mr. Hall went on to say the City has, in the past, received this request from other groups for special events, going on to note that Hydrofest in Lewisville was such an event and that the annual passes were not valid for entry to that event. He said staff has discussed printing "Not Valid for Special Events" on the annual passes. Motion to approve exemption of annual park passes for special events at Stewart Creek Park -Bogan; second - Marks. Councilman Lynch said there are approximately 4500 pass holders and wondered how 5 00498 non-residents would be notified, stating this would be unfair to them. He said the passes have worked well in the past and noted there is no definition of a special event. Councilman Lynch said he sees no reason to exempt annual passes. He said $700.00 was lost in revenue in one day at Sail Fair and that the city is supposed to be reimbursed for that. Mayor Manning said Sail Fair is co-sponsored by the city and it is a good idea for the city to help in efforts to get the city's name out to other areas. Councilman Lynch said he doesn't think it is co-sponsored although the city does spend a lot of time and man-power to help with the event. He said he doesn't believe Sail Fair has helped the city, and asked the Mayor to name one business brought in to The Colony by Sail Fair. Councilman Lynch said he cannot approve this without knowing what groups this will effect. Mayor Manning said he believes the Parks & Recreation Board was intimidated when they made their decision. Councilman Bogan called the question, which failed. Councilman Dillard disagreed, stating there was no intimidation at the Board meeting, but that the Board acted in good conscience and for the good of the City. Councilman Marks said this doesn't ask people to lose a lot of money and went on to say there are many times the council does not vote in agreement with the Boards and Commissions. Motion to amend the motion to only exempt the annual passes for Sail Fair since it is the only two day event we currently have - Marks; second - Bogan. Councilman Marks also suggested the collection area be moved past the gate house so boaters don't have to pay if they have a pass. Councilman Pollard said part of the thrust behind Sail Fair is to help the city grow or increase commerce and that he believes the admission fee is a mistake. Mayor Manning said that is the (Sail Fair) Committee's decision, going on to say the intent was never to increase commerce, but to present a good image of the city to the surrounding area. Mayor Manning went on to say that so far, Sail Fair has not made a profit, but has only made enough to get started the next year. Mayor Manning said it is a shame that people want to take pot shots at something that was to be a good thing for the City. Councilman Agnew said he is concerned in two areas; 1) we have a responsibility for those who work so hard for Sail Fair and 2) have to look at funds brought in by passes to the park. Going on, Councilman Agnew said events such as Sail Fair enhance the quality of life in our city and we should put in place some mechanism to allow the city the flexibility to assist them. He suggested limiting the exemption to only 2 events a year, possibly requiring a percentage of the admission fee be returned to the city. Councilman Bogan said he feels bad for the volunteer community in our city, noting that Sail Fair encompasses almost every non-profit organization in The Colony and gives them the opportunity to earn money. Councilman Agnew re-stated his suggestion to limit the exemption to 2 events each year and that a percentage of the admission fee (i.e. 25 cents of a one dollar fee) be paid to the city by the group holding the event. Councilman Dillard suggested that annual pass holders receive a reduced entry fee. 6 He went on to say this is not intended to be a personal issue, but that he wants to be sure people continue to come to Sail Fair. Mayor Manning said he believes the Sail Fair Committee is going to lower the entry fee for next year and expressed concern regarding giving reduced entry fees to annual pass holders. Mayor Manning went on to say this was not originally an issue about Sail Fair but now it is and he believes the council needs to decide if they want to support this type of event or not. Councilman Pollard said traditionally fees have been waived for special events and that he believes the admission fee will turn people away. Councilman Agnew said we need to separate Sail Fair from this issue and that we should not limit this to Sail Fair, noting the issue is park permits. Councilman Lynch said he spent Sunday afternoon (of Sail Fair) at the park and attendance was down because of the admission fee, however, he said he is willing to let the Fees Committee look at this issue. Councilman Marks said two years ago 54,000 people came to Sail Fair and that generated money for the city. He said we have the opportunity to help Sail Fair and other organizations and stated that just because the council approves the exemption, does not mean groups are going to charge an admission fee. Councilman Bogan said this embarrasses him, stating that it is obvious volunteer groups are not very important. Councilman Dillard agreed that Sail Fair must be separated from this issue. Councilman Marks suggested limiting it to Sail Fair and Chili Cook-off since those are the two largest events. Councilman Agnew disagreed, stating that would limit flexibility. Councilman Bogan suggested passing as recommended and then letting the council approve which special events would be included as they arise. Mayor Manning said we don't know all the facts regarding the Corps of Engineers position on this issue and suggested this be referred to the Fees Committee. Motion to postpone this item and to refer to the Fees Committee, requesting that Ms. Brantley get a response from the Corps regarding this issue and to bring back by the November 15, 1993 meeting if possible - Lynch; second - Dillard. Councilman Marks asked what the Committee will be addressing and Mayor Manning said they will be making a recommendation regarding any money to come back to the city as a result of an admission fee. Motion carried with the following vote: Lynch - Aye, Pollard - Aye, Agnew - Aye, Bogan - No, Dillard - Aye, Marks - No, Manning - Aye. 5. CONSIDERATION OF AN ORDINANCE IMPLEMENTING RATE REGULATIONS FOR CABLE TELEVISION Mayor Manning read the caption of the ordinance as follows: AN ORDINANCE OF THE CITY OF THE COLONY IMPLEMENTING RATE REGULATIONS FOR CABLE TELEVISION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion to approve the ordinance as written - Agnew; second Pollard, carried with a unanimous roll call vote. 6. CONSIDERATION OF APPROPRIATE ACTION WITH REGARD TO THE PROPOSED DRIVING RANGE AS PRESENTED BY P.H.G.A. DEVELOPMENT Bill Hall advised that approximately 48 days ago the council approved a project to build a driving range. Mr. Hall said 2 time limits were set with regard to the project; 1) a financial statement would be provided to the city within 45 days and 2) the project would be under construction within 60 days. Mr. Hall went on to say that it has become apparent the principals of the company have not seen eye-to-eye and noted there is some question as to the actual name of the company. In discussions with Ms. Laura Allison, principal stock holder of P.H.G.A., Mr. Hall said he was unable to get a clear answer and that he subsequently discussed the matter with her attorney, who advised that P.H.G.A. Development and P.H.G.A. Management are two separate entities. Mr. Hall advised this is a problem, because the original project was approved with P.H.G.A. Development and then Ms. Allison had asked that the contract read P.H.G.A. Management. (This will have to be clarified if this project is to go further.) Mr. Hall continued, stating that as of this date, no financial statement has been received. Mayor Manning said the time limit has expired and that staff recommends discontinuing negotiations with P.H.G.A. and looking for other developers for this property. Mr. Hall said there are two options; 1) discontinue negotiations with P.H.G.A. or 2) give P.H.G.A. an extension. Ms. Laura Allison responded stating she is waiting for her investors to return and get together. She said they are now ready to devote their time to this project, that they will be meeting this week and that they have requested a 30 day extension. Councilman Bogan asked if in 45 days the company has been able to lock in any bids. Ms. Allison said she has received preliminary bids. Councilman Lynch asked if a new developer would have to go through the entire process and Mr. Hall said yes, except for the Specific Use Permit request, because the SUP is still in effect for this use. Councilman Pollard asked if the name change on the contract has been run by our city attorney and Mr. Hall said no, that all persons involved had assumed that Development and Management were the same company until it was determined they were not. Councilman Pollard asked Ms. Allison if P.H.G.A. Development Corporation is legally incorporated in Texas and she replied it is. Lengthy discussion followed regarding whether granting an extension would be 8 beneficial to the company. Councilman Bogan stated that if a financial statement could be presented in 10 days then he would not be opposed to granting a 10 day extension. Ms. Allison said she would like to have longer. Motion to extend the time by 10 days - Bogan; second -Lynch, carried with all council voting aye with the exception of Councilman Marks who voted no. Bill Hall clarified the extension is to receive a financial statement within 10 days. 7. CITIZEN INPUT Adriana Mitchell, 10 Indianola Cir., addressed the council regarding a specific time for Trick or Treating for Halloween. Ms. Mitchell said times have changed. Both parents work outside the home and it is difficult to get children ready to trick or treat and then to get them back home early enough on a school night. Ms. Mitchell suggested the council designate the last Saturday night of October as the official trick or treat night in The Colony beginning the last Saturday of October 1994 and continuing for every year thereafter. Chris Cox, 5957 Carroll Drive, asked the status of the budget reform. Mayor Manning stated the next work session on the budget is set for November 22, 1993. 8. COUNCIL COMMITTEE REPORTS The Aquatic Park Enhancement Committee will meet November 9, 1993. 9. CITY MANAGER'S REPORT 1. Hwy 121- Tom Cravens said the new road is to be opened all the way to Lewisville by November 2 or 3, 1993. He noted only one lane west bound will be open at a time, until the resurfacing is complete, which will take about 2 weeks. 2. Dallas North Tollway access roads are now open all the way to Hwy 121. 3. Golf Course - John Young is sending a prospectus and is meeting with financier today. 4. Warrant Collection Service - J.V. Smith took over this contract about a month ago and has collected $470.00 in that time. The previous collection service collected $52.00 in a period of one year. With no further business to address, Mayor Manning adjourned the meeting at 9:17 p.m. 9 APPROVED: William W. Manning, Mayor ATTEST: Patti A. Hicks, TRMC, City Secretary