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HomeMy WebLinkAbout11/21/1994 City Council 005'48, MINUTES OF THE CITY COUNCIL MEETING HELD ON NOVEMBER 21, 1994 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 21st day of November, 1994, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Mayor Pro-Tern Absent Toby Pollard, Councilman Present Kay Hardin, Councilman Present Rob Burchard, Councilman Present John Dillard, Councilman Present Lynda Tate, Councilman Present and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Carl Frey. 4921 S. Colon_v. addressed the council, stating he had been a temporary employee with the City for 3 months and found out today at 3:00 p.m. that he no longer had a job. He said although he knew the job was temporary, he thought more notice would have been appropriate. He said he stood behind some of staff when their contracts were up for discussion and that he hopes the same courtesy will be given to any future employees and that they will be given fair notice. James Logan. 5713 Perrim said he washere to support Carl Frey, because he felt Mr. Frey had not been treated fairly. He asked how money is allocated in the City budget and if that is public information. Mayor Manning advised a copy of the budget is available at the Library for public review. Mr. Logan said he works at Pizza Inn and the road in front of the restaurant is like a roller coaster since the City repaired it. He said he hears a lot of complaints from customers about the road. Mr. Smith said money has been allocated this year for road repair and staff is considering an overlay to level that road. He said he cannot respond to Mr. Frey because he was not aware of this situation until now. He asked Mr. Frey to call him and he will look into this issue. 3. MAYORAL PROCLAMATION RECOGNIZING ACCOMPLISHMENTS OF THE COLONY HIGH SCHOOL COUGAR BAND Mayor Manning read the proclamation in it's entirety as follows: 0(J548 WHEREAS, The Colony High School Cougar Band has always performed with pride and distinction, and represented The Colony and the High School in an exemplary manner; and WHEREAS, The Cougar Band placed 8th in the 5A UIL State marching contest, was Grand Champion at the Duncanville Marching Contest, and was Grand Champion at the Plano East Drumllne Contest exemplifying the highest standards and dedication found in The Colony High School; and WHEREAS, the City Council and the dtizens of The Colony wish to recognize the band for their continued accomplishments throughout the past nine years, including five trips to the State UIL Marching Contest: NOW THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Texas do hereby declare THE COLONY HIGH SCHOOL COUGAR BAND as an example of the best that The Colony has to offer. I further encourage all citizens of The Colony to take the time to congratulate a band member on their hard work and dedication. Because of our High School and the standards upheld by these fine students, The Colony has become known throughout this State as a special place to live. SIGNED AND SEALED this 21st day of November, 1994. William W. Manning, Mayor Mr. Duane Minnick, a band director for the Cougar band accepted the proclamation and stated that he is proud to be a part of the band. Mr. Minnlck said the band is a group of 300 very disciplined, great people with very high standards. He said the band will be nationally representing The Colony in 3 weeks at a wind symphony concert. He thanked the council for this recognition. 4. CONSENT AGENDA Mayor MaNning summarized the items on the consent agenda. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD NOVEMBER 1 AND 7, 1994 Councilman Tate noted that at the November 1 meeting, Mayor Manning excused him.qelf, yet the minutes reflect that he adjourned the meeting. Ms. Hicks advised that correction had already been made. Motion to approve the minutes as corrected - Tate; second - Hardin, carried with a unanimous roll call vote. B. CONSIDERATION OF A RESOLUTION CALLING TWO (2) PUBLIC HEARINGS IN ACCORDANCE WITH SECTION 43.052 OF THE LOCAL GOVERNMENT CODE AND SECTION 1.03, OF CHAPTER 1 OF THE HOME RULE CHARTER OF THE CITY OF THE COLONY, TEXAS, ADOPTED JANUARY 20, 1979, FOR THE PURPOSE OF CONSIDERING THE INSTITUTION OF ANNEXATION PROCEEDINGS TO ANNEX BELOW DESCRIBED PROPERTY APPROXIMATELY 1135 ACRES OF PROPERTY GENERAI.I.Y LOCATED ALONG THE NORTHWESTERN CITY LIMIT LINE, ALONG THE SOLFI~ SIDE OF HACKBERRY CREEK, NORTHWEST LINE OF WYNNEWOOD PENINSULA AND ALONG THE SOUTHERN, WESTERN AND NORTHERN LINE OF LAKE LEWISVILI.E STATE PARK Motion to approve the resolution as written - Pollard; second - Tate, carried with a unanimous roll call vote. C. CONSIDERATION OF A RESOLUTION AUTHORIZING INTERLOCAL AGREEMENTS BETWEEN THE CITY AND DENTON COUNTY FOR AMBULANCE AND FIRE SERVICE Motion to approve the resolution as written - Pollard; second - Tate, carried with a unanimous roll call vote. D. CONSIDERATION OF AUTHORIZING THE RENEWAL OF AN AGREEMENT WITH METROCREST MEDICAL SERVICES FOR THE PROVISION OF MEDICAL CONTROL AND CONTINUING EDUCATION Motion to approve the renewal of the agreement as recommended - Pollard; second - Tate, carried with a unanimous roll call vote. E. CONSIDERATION OF AUTHORIZING A CHANGE ORDER WITH DON L. OWEN, INC. IN THE AMOUNT OF $600.00 FOR THE REPAINTING OF THE OVERHEAD STORAGE TANK ON NORTH COLONY Motion to approve the change order as recommended - Pollard; second - Tate, carried with a unanimous roll call vote. F. CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO EXECUTE A LETFER AGREEING TO PARTICIPATE IN AN ENGINEERING STUDY TO DETERMINE THE FEASIBILITY OF A REGIONAL COMPOSTING FACILITY FOR YARD WASTE AND SLUDGE; AND TO AUTHORIZE EXPENDITURE OF $5000.00 TO PAY THE CITY'S PORTION OF THE ENGINEERING FEES Councilman Dillard asked how many cities were participating and Mr. Cravens said he was not sure. Mr. Smith said we hope to gain an alternative on how to handle our sludge through this participation. He also said Mayor Pro-tem Lynch has been very interested in this program. Mr. Smith said the cities involved are looking for a regional solution, noting there is a similar group in the Austin area that produces "dillo dirt" and sells it for use in residential yards. Mr. Cravens said the Denton/Carrollton group meets every month and that he attends the meetings. Councilman Dillard asked how long the study would take and Mr. Smith advised it would be 165 days from the notice to proceed. Motion to authorize the letter as recommended - Dffiard; second - Tate, earl'led with a unanimous roll call vote. 5. CONSIDERATION OF A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD; AUTHORIZING THE SUBMISSION OF AN APPLICATION, DESIGNATING AN OFFICIAL REPRESENTATIVE AND RESOLVING MATrERS RELATED THERETO; AND DECLARING AN EFFECTIVE DATE Mr. Smith explained the blank in the resolution will be filled in with the amount of $11 million, which means we will not exceed that amount in our request for funding. He said we will be working with our financial advisor, bond counsel and Wasteline Engineering regarding the final amount and by the time we actually get funding we will hopefully have a more accurate figure. Mayor Manning asked if this obligates us to pay back $11 million and Mr. Smith said it does not. Councilman Pollard asked when the interest rate will be locked in. Mr. Smith explained the Water Development Board interest rate does not follow the normal market trends and does not fluctuate very much. He said it will be locked in when the final documents are in place. Councilman Pollard suggested changing Section 3 to read that the City Manager is the City representative instead of the Mayor. Mr. Smith explained that most State agencies require the Mayor be named as the official representative because he is the highest elected official. He said this presents no operational problems because he (Smith) is still the representative with the engineer. Motion to approve the resolution as written - Pollard; second - Dillard, carried with a unanimous roll call vote. 6. CONSIDERATION OF A RESOLUTION PROVIDING SANITARY RATES FOR THE CO! JI JECTION OF SOLID WASTE A1 Judciewicz with Texas Waste Management noted that his firm has been very heavily involved in the Carrollton/Denton regional waste management group which was discussed during an earlier agenda item. Mr. Judciewicz then gave the background for the annual rate increase, noting it is based on a 1.4% disposal fee which is a follow-up from last year's increase and a 2.3% CPI increase. He said the actual landfill increase was 15% this year, but they are only asking for an increase of 1.4% 8 00 486 Councilman Pollard told Mr. Judciewicz that he would like to receive the same information this year that he received last year during the rate increase discussions and that he would like to have this item postponed until he has an opportunity to review that information. Mr. Judciewicz said that would not be a problem. Mr. Smith said the contract states that drivers of Texas Waste Management will identify alleys in need of repair and provide that list to the City. He said if they are not doing that he would like them to begin. Mr. Smith also asked for the tonnage taken to the landfill each month. He said with that information received regularly, time will be saved each year during rate increase discussions. Mr. Judciewicz said those two items would be taken care of. Motion to postpone until the December 5, 1994 meeting - Burchard; second - Dillard, carried with a unanimous roll call vote. 7. CONSIDERATION OF APPROVAL OF A' GROUND !.EASE AGREEMENT WITH STEWART PENINSUI~ GOLF ASSOCIATES FOR USE OF SIXTY (60) ACRES OF PROPERTY IN STEWART CREEK PARK FOR GOLF AND RECREATIONAL USE Mr. Smith advised that Mr. Rusty Nichols is here and has provided an amended lease agreement with all changes which have previously been noted by the Council. Mr. Smith said any other changes necessary need to be made tonight so we can prepare the final document for future action by the council. Mayor Manning said NationsBank is referenced on page 9 and said while he has nothing against this bank, he would like to see the interest based on New York Prime as reported by the Wall Street Journal. Councilman Pollard agreed there are several prime rates we might be able to use, but said he wants to be sure the rate will be no less than the City's cost of unsecured borrowings or bonds. All council agreed with this. Councilman Pollard said there is no reference to generally accepted accounting principles in this document. Councilman Burchard said we should add that all accounting will come under generally accepted accounting principles and Councilman Pollard agreed that would be acceptable. Councilman Pollard noted that section 10.04 only references "golfing facilities" and that he thought this would cover other facilities as well. Mr. Nichols said he thought the definition would be sufficient. Councilman Pollard suggested adding "all real property improvements on the leased property." and Mr. Nichols agreed to add this. Councilman Pollard noted that section 12.01 references wells, and Mr. Nichols said they do not intend to drill a well, but they don't' want to limit their ability to do so if it becomes necessary. Councilman Pollard said that is not a problem but he wants the city to be reimbursed if they do (drill a well). Mr. Smith said he believes that would be Corps of Engineer water, not City water. After brief discussion regarding metering and monitoring the wells, Mr. Smith stated that he believed it would be up to the Corps to regulate the drilling of any wells and subsequent revenues from the drilling of any wells. Councilman Pollard noted the changes in section 5.02 regarding the interest rate should be reflected in 15.01 also. Councilman Pollard questioned page 23 section 17.02 9 00548',: regarding the term of the lease, stating that the agreement indicates the lessee shall have no obligations to make good on any deficiency in the event of default. Councilman Pollard said there should be some modicum of protection for the dty provided. Mr. Nichols said he believes the spirit of this section does allow the city to seek relief. Councilman Pollard suggested the City Attorney and Mr. Nichols' attorney discuss this section and Mr. Nichols agreed. Councilman Burchard discussed Article 15 regarding obligations required of the lessor. He said the subcontractors should have the same obligations as the lessor. He said the city should be named as additional insured. For clarification, Councilman Burchard suggested changing the word "their" to "lessor" in the last line of section 15.01 on page 20. Councilman Burchard also questioned "construction liability" stating he was not sure what liability coverage is required. Mr. Nichols said construction liability covers construction equipment, etc. and advised that general liability coverage is not sufficient to cover construction. Mayor Manning asked if all councilmembers agree and if Mr. Nichols can bring the final document back for approval on December 5, 1994. Mr. Nichols said he can wait until December 5 for approval if he knows that will be the final date, noting that he has to tell the investors when they can get started. Mayor Manning asked if there were any other items from the Council, and with none being noted, stated the final document will be placed on the December 5, 1994 agenda for action. Motion to postpone this item to the December 5, 1994 meeting - Burchard; second - Pollard, carried with a unanimous roll call vote. - 8. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES, BY AMENDING SECTIONS 10-23 AND 10-26 RELATING TO THE DISPOSITION OF ABANDONED AND CONFISCATED PROPERTY BY THE CITY OF THE COLONY Mr. Smith said one purpose of the recommended amendment is to allow the City to donate property, particularly bicycles, to non-profit organizations. He said the second purpose is to allow city personnel to acquire property at the public auction. Mr. Smith noted that State law does not prohibit dty employees from acquiring property from the auction and said that it is impossible to enforce this section. He said all items to be auctioned are reviewed very carefully by the City Manager and the finance Director and if these items are found to be of no use to the city, it should make no difference who buys them. Councilman Tate said it appears the intent of section 10-26 seems to be to protect the city and city personnel. She said she might be open to discussing on what level city personnel should purchase property, but that we must be sure to maintain honesty. Councilman Tate said she would like everything in place to ensure we don't do anything that appears to take advantage of the public. Mr. Smith said if that is her feeling about city personnel, then he will withdraw the request (to amend the ordinance). Councilman Tate said she meant no reflection on city personnel. '"- 10 008480 Councilman Pollard said if this section is deleted, it places city employees in the same shoes as other citizens and went on to say he has no problem with that as long as city employees are not being given an advantage over other citizens. Councilman Hardin said she agrees with Councilman Pollard but she agrees with Councilman Tate also, noting that she is concerned about how the public views city employees. Councilman Burchard agreed with Councilman Pollard as long as the property is screened there would be no problem. He said employees are citizens and should have every right other citizens do. With regard to section 10-23, Councilman Burchard said he would like to see the public given first choice before anything is donated. Mr. Smith said the main purpose is to allow bicycles to be given to charitable organizations before Christmas. Councilman Burchard said that is fine up to a certain monetary amount. Patti Hicks, City Secretary, noted that Section 18.17 of the Texas Code of Criminal Procedures states that donated property has to be valued at less than $500.00. Councilman Burchard asked what organizations items would be donated to and Mr. Smith said that could be brought back to the council for approval. Councilman Dillard asked what the typical value of items being auctioned is and Chief Stewart said the most expensive items are vehicles and bicycles, but most of the items are junk. After a brief discussion, it was agreed, the following would be added to the recommended amendment to section 10-23. "subject to prior council approval." Motion to approve the ordinance as amended. Pollard; second - Dillard, carried with the following roll call vote: Pollard. Aye, Hardin - No, Burchard - Aye, Dillard - Aye, Tate - No, Manning, Aye. 9. CONSIDERATION OF THE POLICY FOR POLICE VEHICLES Mr. Smith advised the Council that he has put together everything available on the police policy and that he has included the Fire Department policy for their information only. Mr. Smith said he recommends staying with the take home policy for police vehicles, noting that the policy requires good record keeping and includes restrictions, as outlined in the policy. He said regarding limitations, the 10 mile limitation for unmarked cars is removed and that is left to the discretion of the Chief of Police and approved by the City Manager. Mr. Smith explained what a Bureau Commander is: The lieutenants and the Chiefs. He said there are two lieutenants in the Police Department, but one is currently assigned to the Drug Task Force. He continued, stating that with the number of officers we have, this policy provides the best response time and best security for the City. Mr. Smith said it is a "perk" for employees and it is a morale boost that he feels is needed right now. As a side note, Mr. Smith advised that the council has never consider not giving police and fire personnel a raise in pay. He said the money is included in the 1994-95 budget for those raises. Mr. Smith told the council that if he had more experience when this issue came up before he might have prevented all the upheaval that has been caused. Councilman Tate had several questions and comments about the policy: 11 00 48 I-D l(b) - She questioned the words "as if on duty" and asked when they are considered "on-duty". Chief Stewart advised that according to the Fair Labor Standards Act, an officer is considered "on-duty" ff he performs as a police officer for 15 minutes. Councilman Tare asked if that applies if the officer responds from his home. Chief Stewart stated that when an officer acts under the color of the badge, he is acting as a police officer and would be considered "on-duty". Mr. Smith added that it would depend on the type of incident whether an off-duty officer would respond from his home or call the dispatcher to send an on-duty officer to the scene. II-B (1) (7) - She said these two paragraphs seem to conflict with each other. Chief Stewart said (7) is a partial repeat of (1), noting that (1) covers numerous times an officer might be out of town, such as vacation, etc. Councilman Tate specifically asked about when an officer is off on Worker's Compensation and is unable to work for more than 3 days. She said the vehicle could be better used if it was not sitting in front of the officer's house. Mr. Smith explained that anytime an officer is going to be off-duty for an extended period of time, the vehicle would be left at the station. (8) - Do we confirm personal injury protection insurance coverage? Chief Stewart advised a copy of the coverage certificate is kept on file. (14) - Do we need more in this paragraph than the last sentence? Chief Stewart said this paragraph could be clarified and shortened. (12) Is it appropriate or desirable for a police vehicle to be used for any part time job? Councilman Tate said she understands the city has agreements with some of the businesses to have the patrol cars parked in front of their business. Mr. Smith said he doesn't think the city is involved offidally, but it is his understanding that when an officer works at the bank, the credit union and other businesses, the vehicles can be parked in the parking lot. Councilman Tate suggested putting in the words "security related" and Chief Stewart stated the paragraph already indicates the work must be "police related". Councilman Tate said that was not dear to her and Mr. Smith said it could probably be ratified. Mr. Smith said all employees that have outside jobs must have the department head approval. Councilman Hardin also questioned several areas of the policy: II-C (2) - Why are unmarked vehicles allowed to be taken out of the city when off- duty. Chief Stewart advised that most officers who drive unmarked vehicles are often on- call and have to be able to respond. Councilman Hardin said the policy references removing vehicle privileges and asked what the guidelines are for that action. Mr. Smith said as an example, to assume a complaint comes in to the Chief or to him (Smith), the complaint will be verified, and if it is determined that the policy has been violated, then appropriate action will be taken. Chief Stewart and Mr. Smith both agreed that appropriate action is taken according to the type of incident and removal of vehicle privileges may be the result of violation of this policy or other violations by officers. Mr. Smith said the Council has gotten the message across that if this policy is approved, they don't want it to be violated. II-B (12) Councilman Hardin asked ff something can be added stating that police vehicles should not be used as a patrol car when the officer is worldng at a part time job 12 (security patrol). Mr. Smith agreed that the cars will be parked in the parking lot and would not be used for patrol by any other agency other than the City of The Colony. II-C 3 - Thl.q allows an unmarked vehicle to be driven 50 miles. To whom does this apply7 Mr. Smith said the two chiefs and their second in command may drive their vehicles up to 50 miles away as long as they remain in communication with the department. Mr. Smith asked the chiefs what they carry. Chief Morrison indicated cellular phones are carried and Chief Stewart noted that he has a state wide pager. Mr. Smith clarified that "feasible" means to be within 50 miles and able to respond. Councilman Pollard questioned the Geographical Limits section - (3) Would it be possible for the Chief to take command of a situation from 50 miles away? Is that beyond the Chief's tactical limit? Chief Stewart said distance is not the question, but communication with the department by radio is and stated that generally speaking the radios will reach 50 miles within the Denton tower. The Chief said if he cannot reach the department, he would always be able to be within communication distance within a very few minutes. Councilman Pollard said he understands and supports the personal use of patrol vehicles in the city limits and noted that the amount of personal use by those vehicles is minimal. He noted that the policy allows unmarked vehicles to be driven to and from work but it does not reference personal use in an unmarked vehicle. Councilman Pollard asked if officers driving unmarked vehicles can use their vehicles for personal use. Chief Stewart said the same limitations apply for these vehicles. Mr. Smith said the intent is if the officer lives out of the city, the unmarked vehicle may be driven to and from work only unless the officer is on call, then personal use is allowed. If the officer lives in the city, then personal use would be allowed as with the marked vehicles. Chief Stewart agreed with that and Mr. Smith said that does need to be covered in the policy. Councilman Pollard said he thinks we will do no worse with the take home policy than the fleet policy. Councilman Pollard said he thinks the fleet policy might cause the city to lose control of the vehicle maintenance budget. He said he wants a signed waiver from persons riding in the vehicles, other than police personnel. Mr. Smith said that is one of his suggestions and directed the Chief to be sure the copies of insurance certificates is on file in the Personnel Department as well as the Police Department files. Chief Stewart agreed. Councilman Burchard questioned the following: Page 3 of Mr. Smith's November 17, 1994 memorandum. The Councilman said he is not comfortable voting on the policy without looking at where Mr. Smith took his assumptions and asked if we have identified growth projections. Mr. Smith advised that information was provided at one of the earlier work sessions dealing with this issue and said he would make it available to Councilman Burchard. He said he did make assumptions for growth in population and officers. Mr. Smith said staff has found the take home police is cheaper than the fleet policy due to vehicle maintenance costs. Mayor Manning said based on what Mr. Smith has heard from this council, he believes Mr. Smith would wave a red flag if he saw a financial problem with this recommendation, in regard to hiring new officers. II-B (12) - What about liability to the city when officers work part time jobs. Councilman Burchard asked about getting a waiver from the part time employer to protect the city if an officer has to take police action. Chief Stewart advised that any time an 13 00549 officer takes action he is under the color of the badge and a waiver will not make any difference. He said at the moment the officer has to take action, he is no longer acting as a part time employee, he is acting as a police officer for The Colony. Continuing, the Chief said the officer is working for the city at that point. Councilman Burchard clarified that any action that occurs due to the part time job, the city is now liable for and the Chief agreed. The Chief said whether the officer is working part time and is off-duty or is called to respond (from off-duty), he is acting under the color of the badge and is acting as a police officer. Councilman Burchard said any action the officer takes which is libelous, the city will pick up the bill and the Chief said yes, if the officer does something wrong. Councilman Burchard, clarified, even if he is working for someone else. Mr. Smith said if the officer is working for someone else, in a police related job, the city is responsible, if he is working for Jack-in-the-Box (in another type capacity) then the city is not responsible. Councilman Burchard said he assumes ff an officer is working as a security guard, he will be wearing the uniform and badge of the security company for whom he is working. Chief Stewart said the officers do not generally work for security companies, they always wear The Colony uniform. The Chief said if they do work for a security company, the officer would have to obtain a different type license and then the security company will be responsible for their actions. Mr. Smith agreed and stated that per State law, the police officers are covered with the city's liability policy. II-C (3) - Does this section mean the vehicles may be taken on vacation? Chief Stewart said it does not and stated this paragraph will be clarified. Councilman Burchard said it seems most citizens are in favor of the take home car policy but they are opposed to personal use. He said it is hard to balance what the citizens .... want and what the police personnel want. Chief Stewart said if personal use is not allowed, then the ability of the off-duty officer to respond as back up is removed and went on to say that is one of the most important reasons for keeping the take home policy in place. Mr. Smith said at this point, this recommendation is not really coming from the police department, this is a recommendation from him (Smith). He said he has tried to put everything together that he has heard from the council and from the citizens and make a recommendation. Mr. Smith said with the growth we're experiencing on our perimeter and the number of personnel we can afford to hire to patrol the streets, this police is the best policy for the community. Councilman Dillard said the staff has made good recommendations and that it is time for the Council to make a decision. He said the policy is a good one and that he supports it. Councilman Dillard asked the City Secretary to retain all the data on this subject for furore reference. Mr. Smith said this is a perk, but that is not the reason the policy is being recommended. He said the policy is a necessity for the best security of the city. Mr. Smith went on to tell the council that if he had been more experienced when this issue came up, they probably would not have to be addressing the policy. Councilman Pollard said there are a couple of areas that need some clarification, but the policy can be approved and those items addressed later. He said this policy represents an effort from staff, council and the citizens to do what is best for The Colony. Rick V~tughn. 5020 Lake Shore. said he is not in law enforcement or fire protection, -- 14 ATTACHMENT "A" 11-21-94 ^ eso, uno nm crr nm co,o , xms, BO~; A~O~G ~ S~SSION OF ~ ~P~CA~ON, ~~, the Ci~ of ~e ~lony, Te~ (~e 'Ci~') pro~ to ~tmc~ ~uke and ~mR ~provemen~, e~emiom and additiom to the Ci~'s sa~ta~ ~er s~tem (the 'Proj~t') and m ~ue r~enue ~n& to ~ the proj~t; and ~~, the Ci~ ~ot r~onably ~an~ the Proj~t ~thout ~gmn~ ~om the T~ Water D~elopment ~ard ~ an amount not to ~ $ 11,000,000.00; NOW, ~FO~, BE ~ ~OL~D BY ~ ~ CO~ OF ~ ~ OF ~ COLO~, ~: S~tion 1. ~at the statemenm ~nta~ ~ the preamble of t~ R~olution are t~e and ~t and are adopt~ ~ ~d~ of fact. S~tion 2. ~at the Ci~ r~u~m ~ancial ~tan~ ~om the Tex~ Water D~elopment ~ard State R~ol~g Fund and autho~ the sub,ion of an apportion for ~ancial ~tan~ to the Te~ Water D~elopment Board. S~tion 3. ~e Mayor of the Ci~ ~ hereby d~i~at~ ~ i~ o~cial repr~enmtive and ~ au~o~ to ~ute and sub~t an app~cation ~th the Tex~ Water D~elopment Board for ~ancial ~tan~ for the Proj~t S~tion 4. ~e approp~ate o~cia~ of the Ci~, the Ci~'s En~r, the Ci~'s F~ancial A~or, F~t ~uthw~t ~mpany, and the Ci~'s Bond ~u~el, HuttOn Boyle Br~ & F~her, A Prof~ional ~oration, are hereby autho~ m appear before the Te~ Water D~elopment ~ard on beha~ of the Ci~ regard~g im r~u~t for ~ancial ~tan~. Section 5. ~at t~ r~olution shah be eff~tive at the t~e of adoption. Approv~ and adopt~ t~ ~/~~~~/ ~/ Mayor, ~ ~f ~e ~lony, ~~ Att~t: Ci~ ~reta~, Ci~ of ~e ~lony, Tex~ LG-FIBBF.601-6 00549, ' but that he can relate to the feeling of going into harms way and said that is what we expect from them (fire and policy personnel) every day. He said we should give consideration to anything they ask for because we owe them. Motion to approve the take home policy for police vehicles as modified - Tate; second. Dillard, carried with a unanimous roll call vote. 10. COUNCIL COMMITYEE REPORTS - None 11. CITY MANAGER AND STAFF REPORTS 1. COPS FAST program - an application is being submitted. This is a decreasing percentage program under the new Crime Bill. 2. We are working with TCI to do delayed broadcasts of football games, band performances, etc. and other community oriented projects. 3. The city logo will be painted on the overhead storage tank on N. Colony in the 3 colors of the official logo. We will get costs for painting Bi-District Champs on the tank. 4. Josey Lane - The City of Hebron has written a letter to TxDot advising that they do not have funds to acquire the r.o.w. The Colony can now pursue this. Mr. Smith will be scheduling meetings with the City Manager in Carrollton and other organizations that have expressed an interested in this project. He will also be contacting Mrs. Lord. 5. We are look at some proposals for residential, commercial and business development guidelines. 6. There is a get acquainted reception scheduled for November 28, 1994 from 7:00 p.m. to 8:00 p.m. in the council chambers. With no further business to address, Mayor Manning adjourned the meeting APPROVED: William W. Manning, Mayor ATFEST: Patti A. Hicks, TRMC, City Secretary