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HomeMy WebLinkAbout01/17/1994 City CouncilOObO,5o MINUTES OF THE CITY COUNCIL MEETING HELD ON JANUARY 17, 1994 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. on the 17th day of January, 1994, 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 Absent and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 7:02 p.m. 2. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.071 OF THE "-" LOCAL GOVERNMENT CODE, REGARDING PERSONNEL, TO-WIT: ~ A. INTERVIEW FOR APPOINTMENT TO THE ECONOMIC DEVELOPMENT BOARD 7:38 p.m. Upon reconvening in open session, the council addressed the following item. 3. CONSIDERATION OF APPOINTMENTS TO THE ECONOMIC DEVELOPMENT BOARD Mayor Manning suggested this item be tabled until all applicants have been interviewed. 4. PUBLIC HEARING ON APPLICATION OF CENTEX REAL ESTATE CORPORATION FOR A REPLAT OF LOTS 1 AND 2, BLOCK A INTO LOT 2R, BLOCK A OF LAKERIDGE ESTATES, GENERALLY LOCATED AT THE FOLLOWING LOCATION: NORTH OF HETHERINGTON COURT AND WEST OF "-" 00-5O'- FM 423 (MAIN STREET) Motion to open the public hearing - Agnew, second - Bogan, All Aye. Mayor Manning asked if anyone would care to address this item. There was no response from the public. Staff Planner Bob van Til explained state law requires the public hearing. Twelve letters were sent to residents near the affected area, only one response was received and it was favorable. Councilman Lynch asked if this replat was necessary because the builder had built over the lot line. Mr. van Til stated this was not the case. The builder wanted to amend the design of the home and was only combining two lots into one to accommodate the change. Motion to close the public hearing - Bogan, second - Lynch, All Aye. 5. CONSIDERATION OF APPROVAL OF A REPLAT OF LOTS 1 AND 2, BLOCK A INTO LOT 2R, BLOCK A OF LAKERIDGE ESTATES, AS REQUESTED BY CENTEX REAL ESTATE CORPORATION Motion to approve replat as submitted - Agnew, second - Bogan, All Aye. 6. CONSIDERATION OF APPROVAL OF A SITE PLAN AS PRESENTED BY KEN'S OUIK MART LOCATED AT 7420 MAIN STREET Staff Planner Bob van Til explained that the plans are to demolish the current structure and rebuild on the northeast corner in three phases. Mr. Snider is in attendance to answer any questions. Councilman Bogan asked why a replat was necessary. Mr. van Til explained this was not a replat but a site plan for a new structure. Mr. Bogan asked why it was necessary for council to take action instead of just applying to the Building Inspector. Mr. van Til responded that building plans will only tell about the building and that it will meet all city codes, it will not address landscaping, parking, etc. which are included in site plans. Mayor Manning asked if this property had ever been reviewed by The Colony City Council as it is located in the former Eastvale area. Mr. van Til indicated this was the first time. Councilman Lynch asked if there would be any movement of the gasoline tanks and Mr. Snider replied there would not. Motion to approve site plan as presented - Agnew, second - Bogan, All Aye. 7. CONSENT AGENDA Mayor Manning summarized the items on the consent agenda. Items B, D and F were pulled for further discussion. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD DECEMBER 20, 1993, JANUARY 3 AND 10, 1994 Motion to approve the minutes as written - Bogan; second - Dillard, carried with a unanimous roll call vote. B. CONSIDERATION OF APPROVAL OF A LEASE AGREEMENT WITH CLUB FORE FOR THE CONSTRUCTION AND OPERATION OF A GOLF DRIVING RANGE IN THE CITY OF THE COLONY Councilman Lynch asked that this item be tabled to a later meeting due to some questions which have arisen between the developer and council. Motion to table - Lynch; second - Dillard, carried with a unanimous roll call vote. C. CONSIDERATION OF APPROVAL OF TWO RESOLUTIONS AUTHORIZING THE APPLICATION TO THE STATE CRIMINAL JUSTICE DIVISION FOR GRANTS TO FUND TWO POSITIONS: SCHOOL RESOURCE OFFICER AND D.A.R.E. OFFICER Motion to approve both resolutions - Bogan; second - Dillard, carried with a unanimous roll call vote. D. CONSIDERATION OF APPROVAL OF A RESOLUTION AUTHORIZING DENTON CENTRAL APPRAISAL AND DENTON APPRAISAL REVIEW BOARD TO REFUND PROPERTY TAXES TO J.O. WHITE AND MARY ALICE THOMPSON, AS A RESULT OF THE BOUNDARY ADJUSTMENT AGREEMENT AND SETTLEMENT AGREEMENT BETWEEN THE CITIES OF PLANO AND THE COLONY Councilman Pollard asked if we had an exact amount for the refund. Interim City Manager Patti Hicks said the total is determined by the Appraisal district by pro-rating. Money has been reserved for the refund of taxes. Finance Director James England explained we have a fund comprised of over-paid taxes where the taxpayer has not requested a refund. If the refund is not requested in a specific period of time, the funds revert to the city. The time is almost up on these funds and they will be used to pay this refund. Motion to approve the resolution as written - Pollard; second - Bogan, carried with a unanimous roll call vote. E. CONSIDERATION OF A RESOLUTION AUTHORIZING A GRANT APPLICATION TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION FOR A WORK PLACE RECYCLING PILOT PROGRAM Motion to approve the resolution as written - Bogan; second - Pollard, carried with a unanimous roll call vote. F. CONSIDERATION OF A RESOLUTION PROVIDING RESIDENTIAL SANITATION RATES, INCLUDING AN INCREASE BASED ON THE CONSUMER PRICE INDEX Councilman Lynch asked if this item could be combined with item 8 and do all at once. Ms Hicks explained the items had been split due to concerns expressed over the increases attributed to Sub-Title D regulations and the items must be addressed as posted on the agenda. Motion to approve the resolution as written - Lynch; second - Dillard, carried with a unanimous roll call vote. 8. CONSIDERATION OF A RESOLUTION PROVIDING RESIDENTIAL SANITATION RATES, INCLUDING AN INCREASE BASED ON FEDERALLY MANDATED IMPROVEMENTS AS REQUIRED BY SUBTITLE D Ms Hicks stated Councilmen Pollard and Agnew had met with Nick Dowd of Texas Waste Management concerning the increase in rates from Sub-Title D regulations. They have now agreed on the estimated figures which will be reviewed again next year. Mayor Manning asked if Texas Waste Management was satisfied with the proposed rate as he didn't want us to encounter problems because the company was dissatisfied. Mr. Dowd agreed with the proposed increase. Motion to approve the resolution as written - Pollard; second - Dillard, carried with a unanimous roll call vote. 9. FIRST READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 2, BY ADDING SECTIONS 2.17 AND 2.18 CREATING THE POSITION OF CITY MARSHAL Mayor Manning explained this is the first reading of the ordinance only. Ms Hicks stated this item had been postponed from an earlier agenda due to concerns regarding the title of the position. City Attorney Pete Eckert has determined the definition of Marshal contained in the Local Government Code does not apply to Home Rule Charter cities. Chief Bruce Stewart and Sergeant James Jordan of the Police Department are in attendance this evening to answer any questions. Councilman Agnew asked if this would require additional staffing. Ms Hicks assured him this was a lateral transfer and would not impact staffing. Councilman Lynch said he thought this position would be an extension of the Police Department but this transfer would place this position under the Court. He expressed concern in the creation of a "quasi-police" position. Additionally, he believes Sergeant Jordan already serves as bailiff and warrant officer for the court in addition to his other duties in the Police Department. Ms Hicks responded that the City Marshal position is not "quasi-police". The individual in this position will be a fully certified peace officer. It is true Sergeant Jordan has performed the duties outlined for this position in addition to other duties with the Police Department, however, due to time constraints, he has been unable to devote the time and effort necessary for successful warrant service. Timeliness is very important in the collection of warrants. The longer you wait to work on them, the greater the chance the individual has left the area. Councilman Lynch asked that the job description include "current" certified peace officer. Councilman Pollard asked if the $100,000 figure quoted as outstanding warrant money is stagnant or on-going. Chief Stewart was unable to answer but said the purpose of creating this position is to serve warrants and clear cases, not just collect money. He also restated the transfer of Sergeant Jordan would not create a staffing shortage in the Police Department. Also the vehicle would transfer with the position so no additional vehicle would be required. Councilman Pollard indicated he would like to wait on the creation of this position until the new City Manager is in place. Mayor Manning said this position was in response to Council's request in the previous Goals Document and he would like to see this in place as soon as possible. Councilman Bogan agreed that this is a title change only with no additional cost to the city and staff thinks this will get the job done better. 10. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES BY AMENDING THE WATER AND SEWER CODES AS ADOPTED BY ORDINANCE NO. 449, SEPTEMBER 29, 1986 '-"' Mayor Manning outlined that this is the first reading of the ordinance. Ms Hicks explained that the Water and Sewer Code was originally written by the M.U.D. and adopted by the city at the time of their merge. This document has never been codified and included in our Code of Ordinances. The purpose of this ordinance is to bring it in line with current practices and submit it for codification. Discussion followed on areas which appeared to conflict or which need additional clarification. Mayor Manning asked council members to address these items to Ms Hicks prior to the next meeting. 11. CITIZEN INPUT Mike Lynch, 4921 Roberts Drive addressed the council concerning the wastewater treatment plant expansion. He asked council to call a work session to review alternate proposals as he feels the plan submitted by Hunter & Associates is not acceptable due to cost, location and outdated technology. Exhibit "A" is attached as an outline of further information presented by Mr. Lynch. 12. COUNCIL COMMITTEE REPORTS None 13. CITY MANAGER'S REPORT 1. Ms Hicks asked Tom Cravens, Director of Public Works, to update the council on the overhead storage tank. Mr. Cravens had called Pittsburgh Tank & Tower to inspect the tank. They found there was an area of failure but it was much smaller than originally thought. They have corrected the problem and everything looks good on re-inspection. They will begin the refilling of the tank on Wednesday. 2. Members of the Youth Leadership Program will be at City Hall Friday, January 21 at 1:00 p.m. They will meet with staff and hold a "mock" council meeting. 3. The annual banquet to recognize the members of our Boards and Commission will be held Sunday, January 23, 1994 at the Civic Center. 4. Keith Bartlett has selected a clean-up at Stewart Creek Park for his Eagle Scout Award project. He will oversee the clean-up and clearing out of an area near the boat ramp to create a picnic area. Completion date is set for March 1. 5. There is now a sidewalk to Kid's Colony playground courtesy of Centex. 6. The annual council retreat will be Saturday, February 12 at Hedrick House in Lewisville. With no further business to discuss, Mayor Manning adjourned the meeting at 8:45 p.m. APPROVED: William W. Manning, Mayor ATI'EST: Sandie Chance, Deputy City Secretary EXHIBIT "A" For the last two years I have been following this wastewater plant development, and I believe you are in agreement with me, Mayor. The current proposal from Hunter & Associates has at least 3 major flaws in it. 1. Cost of 6.8 million: 11/2 to 2 million too high 2. Built on football fields, south of Administration building - not necessary. 3. Old Technology: It won't meet new State ammonia nitrate regulations unless it is modified; this modification would cost $500,000 to $700,000 more. Also, this old technology is expensive to run. For the work session of 31 January, please consider the following points/questions. Do your homework and ask for more information on those you feel require it. 1. Use the "Boat" (in channel clarifier) technology - it has one moving part. 2. The Boat can reduce operating manpower of present staff by 75%. 3. The Boat can reduce present parts and electricity usage by 80%. 4. The Boat can be put on the existing plant site - not use the football fields. 5. The Boat will meet the new State ammonia regulations - no modification required. 6. The Boat will require less construction time - 12 months vs. 24 months. 7. Solicit engineering proposals will save another $300,000 to $400,000. 8. Recommend building 5 mgd Boat plant instead of 2.5 mgd (million gallons/day) so we don't get caught short in a few years if our commercial tracts or I.B.M. are rapidly developed. 9. 5 mgd Boat technology will fit on our present plant site. 10. Use UV (ultra-violet) light instead of chlorine - what we spend in 3-4 years on chlorine would pay for an UV system. 11. According to State, we don't need full capacity on line - just be available when needed - i.e., held in reserve. 12. Use a two step process - one: bid out the hardware, get price. 2nd: allot that price 10 to a contractor and bid out the installation of the plant. Will save 10-15% of equipment cost and will shorten construction time. 13. Look for low interest loans or grants, both state and federal, to help on costs. Should be able to cover up to 25% of costs. 14. Start bond cycle (election, sales, etc.) now as rate of interest is low and we could same up to 3 million dollars over the life of the bond/loan. James England is preparing a cost/million table of various interest rates for bonds. I have been in touch with various engineering firms who are familiar with the "Boat" technology and I request one or both of them to be present on the 31st. They are: Wasteline Engineering - Glenn Breisch - Ft. Worth Levy & Associates - Duke Levy - Waveland MS. I have contacted United industries and have requested the working model of the boat be here on the 31st and also be here for the Council meeting of February 7 so the public can see how it works. Johnny Harris, Manager of Lake Cities MUA - (817) 497-2999 - can provide an evaluation of Wasteline Engineering. Tom Cravens & myself visited two boat plants last year (Oct/Nov), one in Louisiana (Morgan City) and one in Mississippi (Diamond Head). The Morgan City plant is a 4 to 4.5 mgd plant. It is operated by a staff of 3-4. They work 8-5 Monday through Friday. At night and on weekends they use a beeper for whichever one of them is on call. When asked, they replied "once 2 years ago we got beeped". Also, they are able to do all the plant maintenance - painting, grass cutting, Etc., and still run the plant. The company I am employed by, Johnson-Yokogawa, is highly involved with water & wastewater plants, as we do the control systems and instruments. We are very familiar with dealing with cities, engineers, state boards, etc. Therefore, I am volunteering my services and know-how if a committee is to be formed to keep in touch with this. 11