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HomeMy WebLinkAbout01/06/1995 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON FEBRUARY 6, 1995 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 6th day of February, 1995, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Mayor Pro-Tcm Present Toby Pollard, Councilman Present Kay Hardin, Councilman Present Rob Burchard, Councilman Absent John Dillard, Councilman Present G. David Heiman, Councilman Present and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE Several members of local Boy Scout Troops and Cub Scout Packs, led by Dave McCall, Explorer Scout, presented the colors and led those present in the Pledge of Allegiance. 2. CITIZEN INPUT Joel Marks 5622 Foster. addressed the council about the possibility of the city taking over Lake Lewisville State Park, stating that some citizens are concerned about police and fire protection in the city. He said we don't have enough protection now, and to take over the park would place an additional burden on public safety. Mr. Marks said he thinks the park is a good idea, but he is concerned about protection. He said he does not think the city is in a position to do this right now due to the money and number of police and fire personnel. Mr. Marks said the council should listen to the citizens who are concerned. He said several years ago a study was done that said it would take 1.7 million dollars to fLx the streets, but the city did not have enough money. He asked what the costs are to hire employees to operate the park. Mayor Manning said we are still waiting for additional information from the State. Mr. Marks said a public hearing should be held to get public opinion on this matter and concluded by stating it is more important to have police, fire and repaired infrastructure and asked if the State can't afford the park, how the city can. Ken Wood. 5000 N. Colony. addressed the council about the article in the paper about the police beginning to issue citations for people crossing the white lines on Hwy. 121. Mr. Wood agreed that is a dangerous roadway, but expressed concern that citations will be r given to drivers who are crossing the white lines to avoid a hazardous situation. He said the lines are too long and sometimes you have to cross them to merge safely with (other traffic). Mr. Wood suggested giving citations to those drivers who are reckless, not those who are trying to drive safely. 3. MAYORAL PROCLAMATION DECLARING FEBRUARY 5 - 11, 1995 AS SCOUTING ANNIVERSARY WEEK Mayor Manning read the proclamation in it's entirety as follows: WHEREAS, the Boy Scouts of American has been in the forefront of instilling values in its youth members since its founding in 1910; and WHEREAS, this national youth movement has made serving others, through its values based program, its mission; and WHEREAS, the Tonkawa District of the Longhorn Council of the Boy Scouts of America and its 69 Cub Scout packs, Boy Scout troops, and Explorer posts are celebrating their 85th anniversary with the theme"Character Counts! Be Prepared for the 21st Century;" and WHEREAS, there are more than 40 community organizations that make Scouting available for more than 2200 youth members in our area who participate in the Scouting program as a means for character building, citizenship training, and personal fitness; THEREFORE BE IT RESOLVED, that I, William W. Manning proclaim the week of February 5-11, 1995 as Scouting Anniversary Week and urge our citizens to join with me in expressing appreciation to the community organizations and their volunteer Scouting leaders for bringing this Scouting based program to our young people. Dave McCall, Explorer Scout, accepted the proclamation. 4. MAYORAL PROCLAMATION DECLARING FEBRUARY 6 - 12, 1995 AS LIBRARY VOLUNTEER RECOGNITION WEEK Mayor Manning read the proclamation in it's entirety as follows: the proclamation. WHEREAS, The Colony Public Library was born of the efforts of a loyal group of volunteers; and WHEREAS, today volunteers continue to play an active role in the daily activities of the Library through presenting storytimes and film programs, processing new materials, repairing damaged materials, and assisting at the circulation desk; and 005 56 WHEREAS, these volunteers give selflessly of their time to support the Library's informational, cultural, educational, and recreational role in the community; and WHEREAS, the efforts of these volunteers enable the Library to continue to meet the growing demand of the citizens of the City of The Colony for quality public library services; and WHEREAS, the volunteers of The Colony Public Library are to be commended for their contribution in 1994 of a combined total of over 2,500 volunteer hours in service to their community; NOW THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Texas do hereby proclaim the week of February 6 -12, 1995 as LIBRARY VOLUNTEER RECOGNITION WEEK in the City of The Colony, and encourage the citizens of The Colony to join me in expressing appreciation to the volunteers of The Colony Public Library during this week and throughout the year. SIGNED AND SEALED this 6th day of February, 1995. Joan Sveinsson, Library Director, and Ken Wood, Chairman of the Library Board accepted the proclamation. Ms. Sveinsson invited everyone to attend a volunteer recognition program at 3:00 p.m. on Sunday, February 12, 1995 in the Council Chambers. 5. PUBLIC HEARING ON APPLICATION OF LISSIAK COMPANIES FOR A REPLAT OF TRACT IH, LOT 3, THE COLONY PARK SHOPPING CENTER ADDITION, LOCATED APPROXIMATELY 321 FEET NORTH OF SOUTH COLONY BOULEVARD, ON THE EAST SIDE OF MAIN STREET (F.M. 423) Motion to open the public hearing - Dillard; second - Lynch, carried with all members voting Aye. Mr. Smith explained that the Beall's Department store had been constructed over an easement. The discovery of the old easement occurred while the company was going through re-financing. For a clean title, the property needs to be replatted. Motion to close the public hearing - Lynch; second - Dillard, carried with all members voting Aye. 6. CONSIDERATION OF AUTI-IORIZING AN EXTENSION ON THE SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOL, INCLUDING BEER AND WINE FOR OFF-PREMISE CONSUMPTION, GRANTED BY ORDINANCE NO. 856 AT PROPERTY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF SOUTH COLONY BOULEVARD AND MAIN STREET Mayor Manning advised that through an oversight, this item had not been posted as a public hearing, however, the hearing had been advertised. The Mayor stated that public input would be accepted on this issue. Mr. Smith said this is a request for an extension of the Specific Use Permit originally granted in 1993. He said the owners have had problems opening due to EPA requirements. Councilman Hardin noted the extension is until April 1, 1995 and asked if this is a firm date. Mr. Jim Woodson, with Triple AAA Oil Co. said he believes April 1, 1995 will give them sufficient time. Councilman Lynch said it seems the only time any action has taken place at the site is when an extension of time is needed and asked when we can expect to see some work on the inside of the building. Mr. Woodson explained how many square feet of floors, walls, and carpets, as well as electrical, had been replaced or repaired, including the lease space next door to the Texaco. Councilman Lynch asked when the interior of the store will be open and Mr. Woodson said not until everything is ready to be opened. Mr. Woodson said the pumps are to be shipped February 15 1995 and the interior will probably be ready by March 15, 1995. Councilman Lynch said he is not thrilled with the extension, noting it has been over a year since the original SUP was granted. Councilman Pollard asked if the white trailer will be back and Mr. Woodson said it will not. Mr. Woodson did say they have equipment loaded onto a trailer and that trailer may have to be brought back for unloading. Councilman Pollard asked if they had to excavate the tanks and Mr. Woodson said the tanks are fine, but they are re-doing the concrete in the driveway. He explained the canopy was raised to accommodate any size vehicle. Motion to approve the extension of the S.U.P to April 1, 1995 - Pollard; second - Dillard. Mr. Joel Marks addressed the council, stating he was in favor of granting the extension, reminding the council that the store which occupied the space before was allowed to sell beer and wine. Mr. Marks said it concerned him the way the council had treated this businessman. Motion then carried with a unanimous roll call vote. 7. CONSENT AGENDA Mayor Manning summarized the items on the Consent Agenda. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD JANUARY 15, 17, AND 23, 1995 Councilman Pollard pulled the minutes from the Consent Agenda, stating that he wants to table them until February 27, 1995 so the council can review and make additions. Mayor Manning asked if he wanted all three sets postponed and Councilman Pollard 7 0U5,56o indicated he was primarily interested in January 17 and 23, 1995 minutes. Councilman Lynch said he wanted to postpone the January 16 minutes, stating he had called on Friday for some changes to be made but all of them had not been made. Motion to postpone the minutes to the February 27, 1995 meeting - Lynch; second - Pollard. Mayor Manning asked why Councilman Pollard had not contacted the City Secretary earlier with his concerns so changes could be made prior to the meeting. Councilman Pollard said there are several items that need to be reviewed and changed and there was not enough time for him to get a tape and review the meetings. Mayor Manning asked the City Secretary to underline the changes made to these minutes when they are brought back to the council. Motion then carried with the following roll call vote: Lynch - Aye; Pollard - Aye; Hardin - Aye; Dillard - Aye; Heiman - Aye; Manning - No. B. CONSIDERATION OF AUTHORIZING A POLICY CHANGE IN IMPLEMENTATION OF BUDGETED SALARY INCREASES IN THE AMOUNT NOT TO EXCEED THREE PERCENT (3%) FOR PUBLIC SAFETY EMPLOYEES EFFECTIVE JANUARY 1, 1995 Councilman Lynch pulled this item and stated this is the outcome of the work session and that Mr. Smith had been tasked with providing the wording of the motion that appeared to have conflicting views and he has come up with one that actually would satisfy both his (Lynch) concerns and Councilman Pollard's. Councilman Lynch continued, stating that his concern was that it was a 3% across the board as of the first of January and Councilman Pollard's was that the 3% will still allow the chiefs the discretion to award how they felt as long as they did not exceed the overall 3% of the budgeted salary for the entire department. Councilman Lynch said he wanted to go on record saying that this does allow the chiefs the discretion to go on with their evaluations that they have performed up to this time and that he is satisfied with this wording (of this item). Motion to authorize the policy change in implementation of budgeted salary increases in the amount not to exceed 3% for public safety employees effective January 1, 1995 - Lynch; second - Dillard, carried with a unanimous roll call vote. C. CONSIDERATION OF AN ORDINANCE ORDERING AN ELECTION OF THE QUALIFIED VOTERS OF SAID CITY ON THE SIXTH DAY OF MAY, 1995, FOR THE PURPOSE OF ELECTING THE MAYOR AND THREE COUNCILMEMBERS FOR SAID CITY Motion to approve the ordinance as written - Pollard; second - Dillard, carried with 8 unanimous roll call vote. D. CONSIDERATION OF APPROVING A CONTRACT BETWEEN THE CITY OF THE COLONY AND LEWISVIIJJE INDEPENDENT SCHOOL DISTRICT FOR JOINT CONDUCT OF THE GENERAL ElJECTION ON MAY 6, 1995 Motion to approve the contract as written - Pollard; second - Dillard, carried with a unanimous roll call vote. E. CONSIDERATION OF APPROVAL OF PUBLIC SAFETY VEHICLE TAKE-HOME POLICIES Motion to approve the policies as written - Pollard; second - Dillard, carried with a unanimous roll call vote. F. CONSIDERATION OF APPROVAL OF A RE-PLAT OF TRACT III, LOT 3, THE COLONY PARK SHOPPING CENTER ADDITION, LOCATED APPROXIMATELY 321 FEET NORTH OF SOUTH COLONY BOULEVARD, ON THE EAST SIDE OF MAIN STREET (F.M. 423) Motion to approve the replat as requested - Pollard; second - Dillard, carried with a unanimous roll call vote. G. CONSIDERATION OF APPROVAL OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LETFER AGREEMENT WITH FIRST INTERSTATE BANK OF TEXAS FOR $350,000 FOR THE PURCHASE OF CERTAIN EQUIPMENT Councilman Hardin pulled this item from the Consent Agenda and stated that there is $8100.00 included for Stewart Creek Park and that she thought items for the park would not be paid for by tax payers money. She said the Parks and Recreation Board should have input on these expenditures. Councilman Hardin said there is also $8000.00 included for Utility Administration computers and noted that they already have the equipment. She recommended pulling both of these amounts out of this request and spending the money elsewhere. Mr. Smith asked her to reconsider her request stating that the Utility Administration money will go to make additional data processing equipment purchases in the same area. He went on to say that the $8100.00 for Stewart Creek park had been talked about during the budget process and that if the Parks and Recreation Board approves the expenditure from the Stewart Creek Park fund, then we will not be borrowing this amount of money, Councilman Hardin said she did not see that in the budget. Mr. Smith explained that the items to be purchased with the $8000.00 for Utility Administration had been purchased in the 1993-94 year with last year's funds, and this $8000.00 can now be used for other 9 computer related items. Mr. Smith advised that Ms. Jackie Carroll had brought this to council's attention during the budget work sessions this year. He said this was discussed in -- the computer committee meetings, of which Councilman Hardin is a member, and that perhaps she had missed the meetings where this was addressed. Councilman Hardin said she had read all the information from the meetings. Councilman Pollard asked if the council will see the purchases before they are made. Mr. Smith said we will do another detailed study of computer equipment before anything is purchased. Councilman Pollard said he wants to see that because he wants to be sure departments are buying appropriate software. Tony Johnston, Finance Director, said he has put computer purchases on hold until he can review the status. He said we need to go head a approve this ordinance so the loan can be guaranteed at 7.9% interest. Mr. Johnston said the $350,000 is the ceiling and if all of it is not needed, it will not be spent. Councilman Hardin agreed that is true, but that the money could be absorbed into other areas without the council's knowledge. Mr. Smith said that will not be done. Councilman Pollard said to remember that money can be moved within a department but when it crosses department lines, the council needs to know. Mayor Manning agreed that Stewart Creek Park is supposed to fund itself and perhaps that amount of money should be deleted. Councilman Lynch suggested leaving the total amount of $350,000. Para Nelson, Parks and Recreation Director recommended leaving the $8100.00 in this request in case it is needed. Councilman Lynch said this is like a line of credit and we will pay back the amount over 3 years and again recommended leaving the amount at $350,000 and locking in the interest. Mayor Manning agreed but did ask Parks and Recreation to let the council know about the $8100.00. Councilman Dillard said he doesn't think the money for Stewart Creek ------ Park should be left in, noting there is always extra money in that fund and we should be able to pay for everything from that fund. Mr. Smith said that is true but reminded the council that this year we also have to address improving and expanding the rest rooms at the park. Mayor Manning then suggested leaving the request as it is. Motion to approve the ordinance as written, requesting Parks and Recreation to bring the items for Stewart Creek Park to council before expending the funds - Hardin; second - Dillard, carried with a unanimous roll call vote. 8. CONSIDERATION OF A RESOLUTION SUBMITFING A NOMINATION TO FILL A VACANCY ON THE DENTON CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS There were no nominations from the Council on this item. 9. DISCUSSION OF A REQUEST FROM THE UPPER TRINITY REGIONAL WATER DISTRICT FOR THE SALE OF WATER ON AN INTERIM BASIS PENDING COMPIJETION OF A PROPOSED WATER LINE EXTENSION PROJECT Tom Taylor with U.T.R.W.D. addressed the Council, stating that the City is -- 10 participating with his group on a regional solid waste composting feasibility study. Mr. Taylor gave an update on the regional water system line from Sanger to the Fresh Water Supply District No. 1 (FWSD) located in Hebron. Mr. Taylor said the FWSD which will serve Bright Properties development is constructing a water line from its new plant in Lewisville, eastward along the Santa Fe Railroad to a delivery point southeast of Hwy 121, to be operational by 1998. Mr. Taylor continued, requesting The Colony to consider selling water on an interim basis under an inteflocal agreement for water produced from The Colony wells. Mr. Taylor said using water from the wells would prevent triggering the "resale" provisions of the contract between The Colony and the City of Dallas. Mr. Taylor said they do understand the water received would be co-mingled, but as long as the quantity sold does not exceed the quantity of water produced from the wells there would be no problem. Mr. Taylor then introduced Mr. John Baxter with the FWSD who advised the Bright Properties Development will need approximately 100,000 to 250,000 gallons a day for about 2 years. Mr. Baxter said they will be getting underway this summer even though there are other sources, they would like put in a line to The Colony and purchase water from The Colony. Mayor Manning said the City of Lewisville is pulling out several gallons of Dallas water per day and asked if that could be diverted. Mr. Baxter said it could not, stating that since Lewisville and Highland Village got involved in a disagreement over water, it has been difficult to deal with Lewisville. Mayor Manning said he is concerned if The Colony gives Dallas water to the FWSD, the citizens of the Colony will have to drink water that doesn't taste as good and the city will receive complaints. Tom Cravens, Public Works Director said the amount of water FWSD is requesting would not make a big difference in the taste of water in The Colony. Mr. Smith did remind everyone that this could have a financial impact on The Colony and he also stated if an agreement was entered into, The Colony would have to be named as first priority for water. Mr. Taylor said if the Council is interested he would like them to authorize city staff to work with UTRWD and FWSD to negotiate a contract. Mayor Manning said he thinks we should try to work with our neighbors whenever possible and if this would not effect our water supply "taste wiser then we should pursue it. Councilman Lynch said to investigate the cost of running the line to just one well and stated that if the line is on our side of the meter and they can guarantee we would not go over 2.5 million gallons that would prevent any problems with the Dallas contract. Councilman Pollard asked if we (city) will have to increase the minimum daily amount from Dallas and if the Federal government is going to try to make cities get away from using well water. Mr. Cravens said that may be true, but that we have never had a problem meeting the guidelines. Mr. Smith said staff can tell council what it will take to go over the 2.5 million gallons and what it will cost if we do. He said staff needs council to give direction on this issue. Councilman Heiman said staff should pursue this with the understanding that any expense will be paid be the users, not The Colony citizens. Councilman Pollard asked if the city has had an energy audit done and Mr. Smith said he believed T.U.E. has worked with 11 00557Z the city to ensure large motors are working efficiently. Councilman Pollard said staff should be authorized to pursue this issue. Councilman Lynch asked the schedule and Mr. Taylor said there could probably be an agreement ready for council consideration in two months. Mr. Taylor continued stating this is the first phase of the system, noting they plan to bring the line to the east side of the lake. Mayor Manning said previous discussion with UTRWD had not been satisfactory to them (UTRWD) and that maybe it is time to look at this group again. Mr. Baxter he noticed when he visited The Colony ground storage tank places for pumps where there are no pumps and suggested that it might be possible to use that facility for this purpose. General consensus of the council was to direct the city staff to pursue an agreement. 10. CITY MANAGER AND STAFF REPORTS 1. Reminder that the City of The Colony recycles. There is a blue bag program in place. The recycling hot line is 625-5999. All residents are billed for this service and all are encouraged to partidpate. City Hall has begun a workplace recycling program for white paper. 2. Mr. Smith attended the TML Legislative Briefing in Austin today. A memorandum is forthcoming to the council to detail the meeting. Unfunded mandates was high on the agenda. 3. Council and staff need to schedule a budget retreat in March so we can begin the budget process for 1995-96. This will be an all-day retreat. ---"- 4. A demonstration sludge press will be in place and operating Tuesday and Wednesday of this week. All are invited to come by and watch it operate. 5. Clean up Day is set for April 1, 1995. 6. Signs on Hwy 121. We are working with the State to get new signs at FM 423 and Hwy 121 to give indication at acceleration lanes as to what action is needed, i.e. yield, stop or go. With no further business to address, Mayor Manning adjourned the meeting at 8:55 p.m. A T: Patt~ A H~CKS, (3~ty Secretary 12