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HomeMy WebLinkAbout12/19/1994 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON DECEMBER 19, 1994 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:05 p.m. on the 19th day of December, 1994, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Mayor Pro-Tem Present Toby Pollard, Councilman Present Kay Hardin~ Councilman Present Rob Burchard, Councilman Present John Dillard, Councilman Absent and with five present, a quorum was established and the following items were addressed: 7:06 p.m. - Recess into Executive Session 1. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.075 OF THE LOCAL GOVERNMENT CODE RELATING TO CONFERENCE WITH EMPLOYEES, AND SECTION 551.074 RELATING TO PERSONNEL, TO-WIT: RECEIVE INFORMATION AND DISCUSSION WITH CHIEF OF POLICE AND JUVENII.F. OFFICER REGARDING DUTIES 8:14 p.m. - Reconvene into Open Session 2. PLEDGE OF AI.I.~.GIANCE 3. CITIZEN INPUT Dale McCarth_v. 4221 Driscoll: addressed the council regarding tractor trailer parking in The Colony. He said he is an 8 year resident and has had no problem parking his truck anywhere until he comes home to The Colony. He said he understands why the truck cannot be parked on the street, but he asked why he and other drivers cannot park their trucks in their own driveways. Mr. M~y asked if drivers could be given a 48-72 hour permit to park in their own driveway, noting that most drivers are only in town 2 - 3 days. Mr. Smith said the city has been responding to complaints and we are currently doing research to find a solution to this problem. He said the Police Department and the Code Enforcement Division are trying to find some alternatives and if some can be found they will be brought back to the Council for action to amend the ordinance. Mr. Smith said the City has made arrangements with The Colony High School for temporary parking of trucks in their parking lot, however, the ordinance does say the trucks are not allowed to be parked 5 anywhere in the City. -- Mayor Manning said there are two problems; 1) some streets are in very bad repair ~ and won't withstand the heavy vehicle traffic and 2) most residents don't want large trucks parked in their neighborhoods. He went on to say the city will work to find an equitable solution. 4. PRESENTATION OF EMPLOYEE RECOGNITION AWARDS Mayor Manning and Margaret Burkett recognized the following city employees for their tenure with the city. Those present to receive their awards were: Dave Marlar, Joan Sveinsson, Ray Layman, Dave Wallace, Diane Baxter, Mark Phillips, and Tom Cravens. The following were not present to receive their awards, but were recognized: Van Weese, Sandie Chance, Alan Williams, Lynette Armour, and Jerry Trlmble. 5. RECOGNITION OF AND PRESENTATION TO MRS. DENTON COUNTY INTERNATIONAL Mayor Manning read a statement recognizing Mrs. Cheryl Vaughn as Mrs. Denton County International. Mayor Manning said Mrs. Vaughn is a resident of The Colony and was chosen based on her accomplishments in family, profession and community stewardship. Mrs. Vaughn was then presented with a crown and banner by Mayor Manning and she addressed the group stating she will be happy to help the City in any way she can. ~--. 6. RECOGNITION OF JOSHUA BOULET FOR DESIGNING A CHRISTMAS CARD Mayor Manning read a Certificate of Appreciation to Joshua Boulet for his outstanding artistic design, which was chosen as best from throughout The Colony High School for use as the official Christmas card for the Lewisville Independent School District. Mr. Boulet was present and accepted the Certificate from the Mayor. 7. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HEM DECEMBER 5, AND 12, 1994 Motion to approve the minutes as written - Lynch; second - Burchard, carried with a unanimous roll call vote. B. CONSIDERATION OF ACCEPTANCE OF A ~.~TTER OF RESIGNATION FROM COUNCILMAN PLACE 6, LYNDA TArE Motion to accept the letter of resignation - Lynch; second - Bm'chard, carried with a unanimous roll call vote. 6 C. CONSIDERATION OF ACCEPTANCE OF 1 ~ETIERS OF RESIGNATION FROM PLANNING AND ZONING COMMISSION MEMBERS, JULIE BOTI'KE AND JIM WAGNER Motion to accept the letters of resignation - Lynch; second - Bm-chard, carried with a unanimous roll call vote. D. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF CHEMICALS AND FERTILIZER, AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Motion to accept and award the bids as recommended and to approve the ordinance as written - Lynch; second - Burchard, carried with a unanimous roll call vote. E. CONSIDERATION OF A RESOLUTION SUPPORTING MOTOR SPORT RACING IN DENTON COUNTY Councilman Burchard said he asked this item pulled because he is opposed to the facility and wanted to be able to vote against the resolution. Motion to approve the resolution - Lynch; Motion died for lack of a second. F. CONSIDERATION OF AUTHORIZING RENEWAL OF AN INTERLOCAL AGREEMENT WITH COI JJN COUNTY REGARDING CONSULTANT SERVICES PROVIDED BY ROBERT POPE AND ASSOCIATES Councilman Burchard asked if we know who Robert Pope is. Mr. Smith stated Mr. Pope has been part of the 121 Task Force for years and has helped The Colony and other cities tremendously. Motion to approve renewal of the agreement as recommended - Burchard; second - Hardin, carried with a unanimous roll call vote. G. CONSIDERATION OF AUTHORIZING BUDGETED CASH TRANSFER IN THE AMOUNT OF $200,000.00 Motion to approve the transfer as recommended - Lynch; second. Bm'chard, carried with a unanimous roll call vote. 8. CONSIDERATION OF A RESOLUTION PROVIDING SANITARY RATES FOR THE COI J.ECTION OF SOLID WASTE Mr. Smith advised that representatives from Texas Waste Management (T.W.M.) 7 were present to respond to any questions, noting that he and Councilman Pollard have met with T.W.M. and have provided the counca with an information received. Mr. Smith said he has asked T.W.M. to consider charging on a use system, stating that he believes there are some better alternatives for rates to look at but that he is satisfied the company has done a good job and has tried to answer all the city's questions. Councilman Pollard said he has analyzed how the rate was calculated last year, which was based on Sub Title D. He said part of that was based on an estimate of gallons to be collected over a 30 year period and that T.W.M. has 30 years to pay those costs. He said he adjusted the leachate disposal charge down from $.13 to $.05 along with some other adjustments. Councilman Pollard said he is not sure customers should be charged for money that T.W.M. does not have to pay for 30 years. Mr. A1 Judkewicz with T.W.M. said he has met with Councilman Pollard and that they have a different opinion. He said the rate increase of 3.7% ($.23) is based as follows: 1. CPI - $.14 of the $.23 increase - This is a pass through 2. Sub-Title D - $.09 of the $.23 increase. Mr. Judkewicz said their is a misconception that T.W.M. and the D.F.W. Landfill are the same company. He said they are part of the same parent company, but they cannot tell each other what to do. Mr. Judkewicz said they have worked together to provide information to their customers and whether the city approves this increase or not, T.W.M. still has to pay the increased rate to the landfill. Mr. Judkewicz said he understands Councilman Pollard's position, but that he (Pollard) may have missed a few factors. He did -'-' say they (T.W.M.) are going to look into the feasibility of char~ng by the bag. Mr. Darryl Bennett, Environmental Engineer with D.F.W. Landfill said the two businesses are very different, noting the landfill is regulated by Federal laws and that have to offer the some gate rate to all trash hauling companies. He said the rates are set with great care and they are driven to keep the rates as low as they can so they can compete. Regarding Councilman Pollard's concern about leachate disposal, Mr. Bennett said that is the highest cost of the operation and that they are always looking for more economical methods. He said when they find one, it will be reflected in the gate rates. Mayor Manning asked how they arrived at $.13 a gallon and Mr. Bennett said the rate, which is based on the charge by the company doing the processing, was at $.20 and has been lowered to $.13. Councilman Pollard clarified that $.13 is the current rate, that they are disposing of leachate currently being collected and that they are also collecting money for disposal of leachate collected after the landfill has been closed for a period of 30 years. Councilman Pollard said their calculations show a $.24 per yard cost and asked if that reflects last year's rate increase, noting he cannot see where the figures have been adjusted. Mr. Bennett said he believes the $.24 is inclusive of last year and this year but explained the memo was prepared by the company's comptroller based on numbers he had given him. Mr. Bennett said the actual cost in 1993 was $20.5 and the average actual cost to date, for 1994 has been $.15. Councilman Lynch said there was a substantial increase last year due to Sub Title D and now the Federal Government has backed off on the strict requirements. Mr. Smith ."'" 8 noted the requirements have not been removed, but moved back. Councilman Lynch said it seems every year the city is asked for an increase and asked when the landfill is projected to close. Mr. Bennett said the estimate is to close in 8 - 10 years. He went on to say they adjust their rates every year for hauling companies and they don't know how cities and other companies are going to address the increases. Mr. Judkewicz said there can only be a one time increase based on Sub Title D and reminded the council that last year's increase was an estimate based on a partial year. Councilman Lynch said they had requested the full amount, and Mr. Judkewicz stated the rate was negotiated down. Councilman Pollard said we assume T.W.M. is going to spend $.13 a gallon to dispose of leachate for a 30 year period. He said if the expense is current then he has no problem with the charge, but he does have a problem with assuming the rate for a 30 year period. Mayor Manning asked ff the only thing in dispute is the leachate charge. Councilman Pollard said his question is, "What is the appropriate charge for now?" Mr. Judkewicz said this is a short term issue, noting the contract expires in January 1996 and the negotiations to renew will probably begin in about 6 months. He said the city may choose to re-bid this service, noting that the City of Pilot Point chose to re-bid and that T.W.M. got the contract again, but the rate is $.03 higher than it was. He reiterated that disposal is a problem in the solid waste industry and that they are asking for what they believe is a fair increase. He said Lewisville pays almost $3.00 more per month than The Colony. Councilman Lynch asked if T.W.M. is bound to D.F.W. Landfill and Mr. Judkewicz said they are not. Mr. Smith said Councilman Pollard has made some strong arguments, but that we are dealing with T.W.M. not D.F.W. Landfill. He said we can research this further to answer Councilman Pollard's questions but noted that we (the City) have a competitive rate and that T.W.M. will have to pay the increase whether we approve it or not. Mr. Smith said he thinks our negotiations can come over the next 6 months. Councilman Lynch asked if D.F.W. offers the same volume discount to all haulers, and if only one company meets that volume. Mr. Bennett said they do, and that they made their best estimate a year and one-half ago regarding Sub Title D and that they were very close. Councilman Lynch then noted that paying the CPI in Sub Title D is not in our contract. Mayor Manning said if the city keeps arg~_ing over one or two cents, T.W.M. won't want to negotiate with us for another contract. Councilman Pollard said there are two issues "1) the amount we are allowing them to collect currently that they may or may not dispose of currently and 2) what we're going to allow them to collect now that they're going to spend over a 30 year period based on an estimate and if you break that part out, that comes to a $.15 increase as opposed to a $.23 increase." Councilman Pollard said he has less of a problem with what they may spend on currently than with passing on a charge based on an estimate which they may or may not spend. Mr. Smith asked how our increase will effect T.W.M. if the city does not approve it and Mr. Judkewicz said it will come off the bottom line. Mr. Smith stated that T.W.M. cannot negotiate their costs to D.F.W. Landfill. Mayor Manning recommended going with the requested increase. Councilman Lynch said Mr. Judkewicz had commented about coming back in 6 months to adjust the rates and Mr. Judkewicz said, no, the comment was the negotiation of renewal of the contract will be~n in 6 months. Mr. Bennett did advise that in 6 months he can provide better numbers and additional documentation, but it will not change the gate rate at that time. Councilman Pollard said we have a request for $.23 and we need a broad consensus on that issue. He said he is willing to go with a $.15 increase. Mayor Manning said we do not need a consensus, we need a motion and a vote. Councilman Pollard said he will not go with $.23. Mayor Manning said it is becoming more and more difficult to come to agreement and he does not think we (the dty) should send T.W.M. away upset for a few cents. Going on, he said, we have a good contract. Councilman Pollard said the increase does not have to be passed through to the customer, however, Mr. Smith suggested passing it through and earmarking it for infrastructure improvements. Councilman Lynch said he doesn't appreciate the CPI being applied to Sub Tide D costs. He said they presented a one time cost, but it is increased each year by the CPI percentage and that he disagrees with that principle. He said he knows this is a business and they must be competitive but if the dty gives them everything, there will be no incentive to lower the rates. Motion to approve the $.23 increase as requested - Lynch; second - Pollard, carried with a unanimous roll call vote. 9. 'RECEIVE THE INVESTMENT REPORT AND CONSIDERATION OF A RESOLUTION APPROVING THE INVESTMENT POLICY ~ Mr. Smith stated that with all the reports lately about Tex Pool in regard to the Orange County, Ca__lifornia problems, our financial advisor has been keeping us informed and that he and the financial advisor both feel that Tex Pool is still the best place to have our money. He asked if there are any questions regarding the policy, noting that he feels it is a safe policy and recommended approving it as presented. Motion to approve the resolution adopting the policy as presented - Burchard; second - Hardin. Councilman Lynch said he asked Ruthann Devlin about two items which need clarifying and Mr. Smith addressed both items, stating that 1) our city does not invest in derivatives or re-purchased instruments and 2) our city does not invest in anything over one year maturity. Mr. Smith did state, however, that since we do invest in Tex Pool, there is a possibility they may invest in these type instrnments. Mr. Smith said he and the new Finance Director will be reviewing all the policies and if any changes are needed, they will come back to the council with those changes. Councilman Lynch asked that the motion read that this can be brought back to the Council. Motion to approve the resolution _amended to adopt the policy as presented with the option to bring it back to the council if needed at a later date - Burchard; second - Hardin, carried with a unanimous roll call vote. ' - 10 11. CONSIDERATION OF APPROPRIATE ACTION IN REGARD TO THE BANK DEPOSITORY CONTRACT Mr. Smith said the contract with First Colony Bank is a good contract and the bank has agreed to extend the contract for a one year period under the same terms. Councilman Hardin asked if this is always a two year contact. Mr. Smith said it has been in the past but this year we are only asking for a one year extension because during the next year there will be another finandal institution in the City and we will need to go out for proposals for the best contract, which is required by law. He said at that time, we will again ask for a two year contract. Councilman Bm'chard asked if $60,000 is a fair trade for the services received and Mr. Smith said it is right now and it will be looked at later. Motion to approve the depository contract as recommended - Lynch; second - Burchard, carried with a unanimous roll call vote. 10. RECEIVE REPORT FROM CITY PLANNER REGARDING WASTEWATER PROJECTIONS Mr. Smith said that at the request of the council, Sam Chavez has reviewed the needs for wastewater expansion. He also noted we have received the North Texas Municipal Water District response to the Wasteline Engineering report. Mr. Smith' said staff has gone to all sources to give the council all the information they need. Mr. Chavez said that based on census information we will be at 75% capacity in 1996, but based on building permit information 75% capacity will be reached in 1994-95. Councilman Lynch asked for clarification of the 75% nde again. Mr. Tom Cravens advised that if the plant goes over 75% for 3 months, then we have to be in expansion planning stage. Mr. Cravens said we reached 75% for 3 months in 1990 and had received a letter from the State and received a waiver until 1996. He said in 1990 there was a lot of rain and areas of infiltration which caused the plant to hit the 75% level. Councilman Lynch re-stated that we have a letter from the State that says we don't have to plan until 1996. He went on to asked if we are going with COG or population estimates. Mr. Chavez said historically COG numbers are 1 - 2 % high or low and that population estimates are based on residential permit numbers which are skewed because the number of permits varies each year. Mr. Chavez said'he recommends using COG numbers. Councilman Burchard said it appears a linear calculation has been done based on past information that has brought us to this point. He said he thinks development will be happening more quickly and he is not sure these projections are taking everything into account. Mr. Chavez stated that projections are done by taking history and projecting it forward. Councilman Burchard said it looks like we can keep our wastewater treatment plant as is until 2004 and he is not sure that is accurate. Mr. Chavez said he has factored in aH information, including economy, and the fact that the city doesn't help with infrastructure, which effects development. 11 Mayor Manning said he has used 102 permits per year and asked how many have been issded in the last 3 - 4 years. Mr. Chavez replied 18 permits were issued in 1994 and ~'"- 20 in 1993.~ Mayor Manning noted the estimates are significantly higher. Councilman Burchard agreed, but said he still thinks the numbers are low. Mayor Manning said he has heard home sales are down due to the interest rate increase and Councilman Burchard again agreed, but noted this is cyclical. Mayor Manning said he reads this report to mean we don't need to be moving as fast on wastewater expansion. Councilman Burchard said he does not disagree with that but he is unsure how these projections were done. Mr. Chavez said 90% of the facility would be 450,000 gallons, which would be an addithanai 5400.people. Councilman Pollard said with as many apartments as could be built, potential of 3000-5700, we could reach that nnmber. Mr. Cravens noted at this time, that the Billingsley property (south of 121) is not included in these projections. Mr. Chavez said he does not believe that number of apartments will be developed that quickly. He said usually you see 300-400 units at a time. Mr. Smith said targets have been identified and if Dai-Mac and the Josey Lane extension started tomorrow, it would still be 2 - 3 years before we would see any increase. He said staff understands there is a lid of 15% of the population on the multi-family development and that this report states we are moving too quickly. Councilman Lynch said design and construction are separate issues and that there is no need to stop engineering although we may need to look at what and when to construct. Contim~ing, Councilman Lynch said he did not know we had a letter for a waiver. Councilman Lynch asked what we are moving so fast on, noting that we are designing a 5 mgd plant, and we can only build what we need. Mr. Smith said the Council has directed -"' staff to go to the State for an eleven million dollar loan. Councilman Lynch said we don't' have to use it all and Mr. Smith said once the process is started you can't stop it and you can't hold the funds. Mayor Manning said he thinks if we find we don't need to build until 2004 then the State will not give the city the money. Councilman Lynch asked how much money would be saved in interest if we get the loan now instead of later. Mr. Smith said if we get the money we will have to increase the customer rates substantially to pay it back. Councilman Lynch said this is 5 different times we have seen these numbers and Mr. Smith said this is the. first time it has been done at the direction of the Council. Mayor Manning said Bob van Til did this type of report, Sam Chavez has done this report .and that he (Mayor) has done the same type report and then asked Mr. Chavez how the m~mbers compare. Mr. Chavez said they are very close. Mayor Manning said we have 3 separate estimates with very close n~mbers, and there must be something to it. He asked if a loan can be obt_ained from the State for engineering only or if it has to included , Councilman Burchard said he thinks we need clarification regarding what time frame we have in order to actually begin construction and can we separate the en~neering and construction funds. He said the answers to these questions will help us determine what we can and ca, not do. He said if the population estimates are totally off, we will need to con~ider design of the site. Councilman Burchard said it will take us a year and a half to actt~ally finish the facility, which means we have to be ready a year and a haft from the time I~ 12 we really need the plant. He said the closer we continue, the more we will km~x.i' t~bout the population estimates and what Dal-Mac and 121 actually mean. Councilman Pu;:cl,ard said we do not have to build today for expectations of population growth 20 years from now or 10 years from now. He said all we have to be is a year and a half away to 1,~no,v ihat we have to build, starting now, because our population is already at 30,000 and we are topping out. He said as long as we are a year and a half away before we can start consUuction and as long as we've got the designs ready to go and we know where we're going to g~t the funding. Councilman Pollard said if you look at the audit report the statistical dat~. sho~xz us at 75% capacity, which means we need to be planning for the future. He said w'e ne~d to decide what we need to build and when we need to build it. He said if all the a'0artm~nts come in we will be at the (maximum) population and we can't be caught sholt. He'aSked Mr. Smith's recommendation. Mr. Smith said he made a recommendation earlier to stop but it was not listened to. He said this is too much money, too big a plant and too soon. Mr. Smith said staff has been told to move ahead in January with an eleven million dollar loan and if we dc go ahead with it, our customers will have to pay a staggering increase and we won't ne'.'d it. Mr. Smith said ff the council directs him to pursue just the design and the State ~vill fund just the design then we could go for that. He said it is 2 1/2 years from when the Council says go until we treat water· Mr. Smith said we need to plan for the filture, but he has a problem with asking the customers to pay for something when we don't need it. Councilman Burchard said if the State will not separate design and co~'~ruction and we are not ready to build, then he doesn't want the city to have to pay for en~neerin§ services we don't need now. Councilman Lynch said part of the cost is to improve sludge handling and xve xvill have to spend about 2 million (dollars), noting there axe still costs we can't contiol. He said we have to compare the costs to build a new plant with the costs to keep the o1¢ plant up and running. He said the customers may have to pay for something they v:on't use. Councilman Lynch asked why the engineering firms did not tell the city the e.~pa ~ sioi~ was not needed at this time. Mr. Smith said that is standard procedure for starting, ~'rcm scratch, howew:r, we diq not start from scratch. He said that is something the city internally sho~ ld say b~fore hiring an engineer to bring in the design. Mr. Smith said the firm does not c-.~me hi and tell the city what is needed and when it is needed to begin and this is what we we it the city to hire us to do. Mr. Smith said the city should have already detel tined the 75/)0 q~l ~ction when the engineer is hired. He said that is when the planning s~'xrts. At that 1;' :~int, is ~vhen the advertisement for bids for plant design and constructio.~ is done· The city tells thc engineering firm what they want to design, construct ant how it'is to be financed, l~:r. Smith said that would be normal procedure. Continuin/~ Mr. Smith said that he confirm the 75% constant capacity of the plant. Councilman Lynch said no r,'e are no:..at it constantly. Councilman Pollard said it's just the average for the year. ]~lr. S~:~'ith continued, but that is not the trigger, we're really going to worry about 90%. Hc said.th~ dirt should be turning and the plant to be under way befole we get right at g0%~ wl~i'~h is the key. Mr. Smith said at the rate we are going now, we ale talking about tur~?n,~ ~ 13 summer and that he cannot justify that. He said with the numbers before him he cannot make that recommendation to the council. C. olmcilman Pollard said if we wait 3 years and then decide to design a plant, the rate we are paying now of 9%-9.5% goes up to 15-18% (of eno~neering fees), instead of paying $800,000. we could wind up paying double the en~neering fees in 3 years to do the same thing. Mr. Chavez agreed that is possible, but also stated we could lock in those funds and lose them' altogether if we don't start construction. Councilman Lynch said this is for Mr. Cravens and asked, "If we have a letter in 1990 that says we don't have to do any design until 1996, why did we pay Hunter in August 1993 to give us a proposal to design two and one-half extra million gallons to our existing plant?" Mr. Craw;s responded, "I believe what we asked Hunter to do in 1993 was to give us a report on what it would cost us to expand our plant. That was part of a planning procedure. I don't think we asked him for a proposal for design. We asked him for a report on what it would cost to expand our plant." Councilman Lynch said, "And we paid him for that." Mr. Cravens said he was not sure if we paid Hunter or not. Councilman Lynch continued stating, "Their report.proposal xvhen they came in in January 1994 states that part of their cost were ,already paid for by the report done in 1993. My question is, if we had a letter that says we didn't have to design until 1996, why did we solicit an en~neering firm and pay them for a report in 1993 just to tell us we need to be building a new plant or adding on to our plant?" Mr. Cravens said, "We didn't solicit a firm. Hunter has done work for us for several years and we asked them to do a short report on an estimate to expand our plant." Councilman Lynch said, 'What, Mr. City Manager, is why we're on the course we are on today. Mayor Manning said, "i'd like to ask you a question, Mr. Lynch. If you knew the answer to the question that you posed to Mr. Cravens a moment ago, why did you ask him that question? Were you hoping to trap him in something? Councilman Lynch replied, I just asked him; I didn't know." Mayor Manning continued, "No, you asked him ff we paid Hunter a;!d you said did we pay Hunter and when he said he didn't know, you said it's in their letter right here. Why did you do that? You're setting up an ambush for him. You don't need to treat your city staff like that. Councilman Burchard interjected, "Mr. Mayor, I don't think you need to treat your city councilman that way. If you don't treat us civilly, don't expect us to treat you civilly." Mayor Manning responded, "Fine, don't treat me civilly." Councilman Burchard continued, "We're trying to work together as a team. If you're not willing to do that and you come across as some know it all arrogant individual.." Mayor Manning replied, 'When why don't you have me removed from this council sir, if that's what you'd like to do?" Councilman Pollard called for point of order, advising that "Council protocol states there xvill be no verbal abuse of other members." Mayor Manning said, "No one is verbally abusing anyone. I'm taking issue with Mr. Lynch for ill treating his staff and I think that is totally inappropriate." Councilman Lynch said,"I apologize if it came across that way, but tonight we were just informed of a letter that was mailed here in 1990 that says we don't have to do any design until 1996 and that fact has never come out before. And the question Mr. Smith has asked since he's been here, why are we accelerating on this time frame. This time frame was brought out of the fact that we got a proposal from Hunter in August of 1993 to add. 2.5 million gallons to our 14 existing plant for so many million dollars, the figure escapes me, but something like six or seven million. At that time, we said, well if we're going to do that let's go out and get some competitive bids or proposals. Then in January of 1994, Wasteline En~neering came in and Hunter came in with another report that reduced that price by one million dollars. We had solicited a report from Lichliter-Jameson and then we went out for all these other en~ineering firms. That's how we got on the track we're on today, to narrow it down to decide on the technology and en~neer. Now if we had a letter or were aware of the fact that we had a waiver from the State where we didn't have to start the process until 1996. Maybe question is why did we do it in January 19947" Mr. Smith said he did not know when the Public Works DirectOr was aware of this letter (from the State) but that he (Smith) had only seen it today. He said the letter came in to the City Manager and to Tommy Turner. Mr. Smith said staff has done lots of research and has found some old documents that need to be looked at. He said if we have to wait to go to the State for funding until February or March, it will not hurt us. Councilman Pollard asked for a copy of the 1992 Impact Fee/Land Use Assumptions " Report. Mr. Smith continued, stating that staff would like some breathing room on this project. He said he will ask the State about splitting the engineering and construction costs for funding, and if they will split the costs, then we do not have to be taken off the agenda in January. If they will not split the costs between engineering and construction, then we will need to request to be removed from the January 1995 agenda. Councilman Lynch noted we will not be able to go (to the State) until March if we wait. Mr. Cravens said he just found the letter last week in some old files and made Mr. Smith aware of it. He said the letter is from Terry Millican (engineer) to the State requesting a waiver, and stated that he does not have a copy of the letter from the State granting a waiver. He noted that a waiver may not have been granted. He said he is researching this further. Mayor Manning said more than all the people on this council, he stands to gain from development and that therefore, he should be in favor of growth and development. Mayor Manning said he believes very strongly we are moving too quickly and spending too much money. Councilman Burchard apologized for his statements earlier, stating they were unprofessional. Mayor Manning also apologized for his statements. Councilman Lynch said he had no intention to trap anyone. Mary Watts, 7008 Sample, said if the city gets a loan she will have to pa~, money for servicing a population that will not be here for 6 - 8 years, and she does not want to p~v for non-existent population. Ms. Watts also said she has no desire to pay for engineering wI~ea the technology may be different when we actually need to build the plant. 12. RECEIVE REPORT REGARDING LAKE I JEWISVIIJIJE STATE PARK A/TD CONSIDERATION OF APPROPRIATE ACTION AUTHORIZING ~ CITY MANAGER TO SUBMIT A I JEASE AGREEMENT REQUEST TO THE UNITED STATES ARMY CORPS OF ENGINEERS Mr. Smith said at the request of the City Council he has done a full report on the 15 feasibility of taking over the operations of Lake LewisviHe State Park. Mr. Smith said he is requesting the council to authorize him to make a formal request to the Corps of En~neers for the lease of Lake Lewisville State Park. He said this is a six and one-half million dollar park, covering approximately 700 acres, 320 acres of which is usable. Mr. Smith said he has tried to identify all the problems and costs. He said the Corps has reviewed and accepted the 5 year plan. He noted the lease is not contingent on the Corps approving the proposed annexation of the park. Brief discussion regarding furnishings and transfer of city equipment to the park. There was a suggestion of an ice machine just inside the gate. Mr. Smith said if we take over the park in March, by next year's budget we will have a better feel for the operations.. Councilman Lynch said he was sorry Councilman Dillard was not here, because he was present when we met with Representative Ben Campbell in May 1994 regarding this project. Mr. Smith said we will need some up front money for operations and capitals and that he cannot guarantee revenues, noting that he does think we can operate the park more. efficiently than it has been operated in the past. Motion to authorize the City Manager to formally request a lease of Lake Lewisville State Dark ii'om the U.S. Army Corps of Engineers, subject to all points brought out at this meeting - Lynch; second - Bm'chard, carried with a unanimous roll call vote. 13. CONSIDERATION OF APPOINTMENT TO THE PLANNING AND ZONING COMMISSION Mayor Manning noted that two resignations have been received from P &Z and that currently we have 4 applications. After a brief discussion, it was decided the City Secretary -- should advertise for these openings and schedule appointments. 14. COUNCIL COMMITTEE REPORTS - None 15. CITY MANAGER AND STAFF REPORTS - None With no further business to address, Mayor Manning adjourned the meeting at 10:40 p.m. APPIIOVED: -William-V~. 1Vl'~g, Mayor ATYEST: Patti A. Hicks, TRMC, City Secretary ?--' 16