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HomeMy WebLinkAbout01/09/1995 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON JANUARY 9, 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 9th day of January, 1995, at City Hall with the following Council roll 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 Present and with six present, a quorum was established and the following items were addressed: 1. PI J~DGE OF ALLEGIANCE 2. CITIZEN INPUT Charlie Viasco. Windjammer Drive. Wynnewood Haven Estates. asked why The Colony wants to annex Lake Lewisville State Park. Mr. Smith responded stating, the park, ..... a 700 acre, 6 1/2 million dollar development, located on Corps of Engineers property is being leased by the Texas Parks & Wildlife Department. Mr. Smith said they are vacating their lease of the park and the Corps of Engineers does not want to operate the park. Mr. Smith said the city is aware that the park was being operated in the "red", but is hopeful it can at least be a '"oreak-even" operation. Mr. Smith said it will the City Council's decision to weigh the cost to operate the park against the service to the community. 3. PRESENTATION OF CITIZEN RECOGNITION BY THE POLICE DEPARTMENT Chief Bruce Stewart read a Commendation as follows: To Phillip A. Thompson of Thompson Productions in recognition of the time and resources you expended toward the production of two videos for The Colony Police Department addressing the topics "Stranger Danger" and "Gang Resistance". In working with The Colony Police on these projects you have shown that you obviously are serious about getting the messages these two videos give out to the youth of our community. Your dedication is commended. On behalf of The Colony Police Department, Thank you. Mayor Manning then read a Certificate of Appreciation as follows: To Phillip A. Thompson of Thompson Productions in recognition of your outstanding support and generous contribution in providing a public service for the dtizens of The Colony, your cooperation substantially advanced the efforts of law enforcement and justice. 4 Volunteering your time and resources to help produce two videos geared at educating youth on the dangers of strangers and gangs. Mr. Thompson was present to accept the recognition and stated that he tried to show by his actions that if every person would do a little something it will make a difference. 4. CONSENT AGENDA Mayor Manning summarized the items on the Consent Agenda. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD DECEMBER 19, 1994 Motion to approve the minutes as written - Dillard; second - Hardin, carried with a unanimous roll call vote. B. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF CONCRETE AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Motion to accept and award the bid as reeommended and to approve the ordinance as written - Dillard; second - Hardin, carried with a unanimous roll call vote. C. CONSIDERATION OF AN ORDINANCE ANNEXING THE BELOW DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF THE COLONY, TEXAS APPROXIMATELY 1135 ACRES OF PROPERTY GENERALLY LOCATED ALONG THE NORTHWESTERN CITY LIMIT LINE, ALONG THE SOUTH SIDE OF HACKBERRY CREEK, NORTHWEST LINE OF WYNNEWOOD PENINSULA AND ALONG THE SOUTHERN, WESTERN AND NORTHERN LINE OF LAKE LEWlSVILLE STATE PARK Mr. A1 Cordes, 11140 Windjammer, Wynnewood Haven Estates, asked if the City is assuming all the responsibilities that the Corps of Engineers assumed, noting that some of the property being annexed abuts his property. Mr. Cordes said he has to get a permit from the Corps to mow the Corps property which abuts his property and asked if he will now have to get permission from the City. Mr. Smith said he would not, that he should continue to deal with the Corps as before with regard to their property. Motion to approve the ordinance as written - Dillard; second - Hardin, carried with a unanimous roll call vote. 5 00553 - D. CONSIDERATION OF AUTHORIZING THE INCLUSION OF THE ECONOMIC DEVELOPMENT CORPORATION FORMED UNDER SECTION 4B IN THE 1994-95 BUDGET FOR THE COLONY MUNICIPAL ECONOMIC DEVELOPMENT CORPORATION FORMED UNDER SECTION 4A Motion to approve inclusion of the 4B EDC in the same budget as the 4A EDC as recommended - Dillard; second - Hardin. Councilman Pollard asked if the two boards would have equal access to the money. Mr. Smith said yes, they will and stated that prior to any expenditure of funds a requisition will be submitted to the Finance Director for approval. Motion carried with a unanimous roll call vote. 5. RECEIVE REPORT FROM THE CITY MANAGER REGARDING THE LEASE AGREEMENT WITH CLUB FORE DRIVING RANGE AND CONSIDERATION OF ANY APPROPRIATE ACTION REGARDING SAME Mr. Smith stated that The Colony entered into a lease agreement with Club Fore in April 1995. A part of that lease waived rental fees through December 1994, and this time, Club Fore is requesting an extension of that waiver. Mayor Manning said that Councilman Pollard had suggested a one year waiver originally, and the Mayor recommended extending the waiver another 6 months to allow Club Fore time to make a profit. Councilman Pollard asked if there had been any changes in operation and Mr. Smith and Mr. Chip Jones both said there had been no changes. Councilman Burchard asked if Club Fore would be back at the end of 6 months and ask for 'another waiver. Mr. Chip Jones, co-owner of Club Fore said this waiver originally came about due to a misunderstanding regarding the easement to the business. Mr. Jones said they did all they could to open the business and finally had to enter into an agreement with the property owner to be able to open on time. Mr. Jones said the fee to be able to gain access to the business was not in their budget. He said they had signed a lease with the city without realizing there was no access to the business. Mr. Jones said Club Fore would like to have the $4800.00 off-set and that a six month extension of the waiver will not cover it. He said they are not trying to get any money from the city, but noted that legally they (Club Fore) could have gone to court, because they leased property from the city for property to which they had no access. Councilman Burchard said if that is the goal then why should we only extend the waiver for 6 months and went on to suggest the waiver be granted to resolve the entire amount. Mr. Jones agreed stating there is still 18 months left to pay out the $4800.00 Councilman Pollard asked the terms of the note with the property owner and Mr. Jones advised they pay $100.00 for six months of the year and $300.00 for six months of the year. He said when the $4800.00 is paid then the note is satisfied. He went on to say the money is to guarantee the property owner he has the funds to cover the cost of demolishing the roadway if that becomes necessary. Councilman Pollard asked if the roadway was 6 moved before the note is paid in full, if Club Fore would have to continue to pay. Mr. Smith and Mr. Jones both agreed the purpose of the note would then be met and no payment would be necessary. Mr. Smith did state that he cannot speak for the property owner, but it is his understanding that if the road is moved and the existing road cleaned up, the original purpose for the note will be no longer be there. Mr. Smith went on to remind the Council that the City is not a party to the agreement between Club Fore and the property owner. Councilman Pollard clarified that at the end of 18 months if the business has not recouped the funds, the city will not be responsible for paying any difference. Continuing, Councilman Pollard said his original motion had been to make them (Club Fore) whole because they were forced to enter into an agreement and make payments for which they had not budgeted. He noted that up to now, the revenues had not been enough to pay the additional costs and wanted to clarify that if at the end of the 18 months, Club Fore had still not recouped these funds that the City would not have to pay the difference. Mr. Jones said that was correct that they (Club Fore) do not expect any money from the City. Councilman Lynch clarified that Club Fore is not asking the city to make up the difference between the rent and the fee to the property owner and Mr. Jones agreed, stating they are not asking the city to pay out anything. Councilman Lynch asked why the fee was originally shown as $291.00 and now it is $300.00. Mr. Jones explained that the original lease agreement with the property owner showed the fee as $291.00 but that agreement was not signed. He went on to say the final agreement was the promissory note and the amount is $300.00 per month, not $291.00. Councilman Lynch then said the extension would be for 18 months, which would be through April 1996 and that the City will not be out $4800.00. He went on to say the City would only be out 3% of Club Fore's revenues and if during that time, there was a windfall and the City's 3% was enough to cover the fee, the City would get something. Mr. Jones agreed. Councilman Burchard said in the city's negotiations with the property own;~r there had been discussions about the road being moved to the north. Continuing, he said if the road is moved within the next year to the north, the new road will not be as convenient to the business. Mr. Jones said if the road comes in from the Government Center to the north, that would be acceptable. Councilman Burchard said the road would need to be brought south to the building. Mr. Jones said if the road is brought to the parking lot then it would be fine. Councilman Lynch said the city doesn't normally build roads and went on to remind everyone that the $4800.00 is not for the use of the existing road but for demolition of that road if needed. Motion to continue to waive rents due in an amount not to exceed the terms of the promissory note, $300.00 for six months and $100.00 the other six months, until April 1996. Lynch; second - Pollard. Councilman Pollard said he would second the motion, and made an amendment to the motion to include verbiage that if the purpose of the note is removed the waiver is no longer necessary at that time. Mr. Jones agreed, stating they (Club Fore) are only asking 7 to break even. Mayor Manning asked Councilman Lynch if he would rescind his motion and amend it to include Councilman Pollard's statement. Motion to continue to waive rents due in an amount not to exceed the terms of the promissory note, $300.00 for six months and $100.00 the other six months, until April 1996, with the understanding that if the purpose of the note is removed the waiver will no longer be necessary - Lynch; second - Pollard. Councilman Burchard said if the developer doesn't build the road close to the business, then Club Fore will want a road connecting to their facility. Mr. jones said if the new road does not give them access to their business, then they will continue to pay out the promissory note for the existing road. Councilman Burchard stated the note says the city will vacate the existing roadway at that time and if the city vacates, then Club Fore will vacate. Councilman Burchard asked who would pay the cost of extending a new road to their (Club Fore) property. Mayor Manning said the council will have site plan approval authority when the road is built and can address that problem. Councilman Burchard said if the road does not go to the business, then Club Fore is going to want a road connecting to the business. Mr. Jones reminded everyone of the purpose of coming to the Council in the first place, stating that Club Fore had entered into a lease agreement with the City on property to which there was no legal access. He said that is against the law in Texas and went on to say neither party wished to fight that issue. He said Club Fore worked out this issue the best they could. Mr. Jones said if the city were to build a road that did not allow access to his business, they would be in the same situation as before. Mayor Manning said all future problems cannot be solved tonight and Councilman Burchard agreed, but stated that a resolution can be found that will satisfy both parties. Mayor Manning also stated this council cannot commit future councils to build a road and Councilman Burchard agreed but stated we can fix problems made by prior councils. Mr. Jones said if the road is built to their property, then it will be their expense to get the road to their parking lot. He said the problem is there has to be access to their business. Mr. Jones reminded the Council that this is City property and that the City uses the existing roadway daily to access the lift station. He said he does not believe they (Club Fore) are asking for anything extraordinary. Motion carried with a unanimous roll call vote. 6. DISCUSSION REGARDING A DONATION RECEIVED FROM TCI CAB!.~ COMPANY TO THE CITY OF THE COLONY Mayor Manning said according to City policy, when funds are received from a donor and a use is not specified by the donor, a Council Committee shall be appointed to decide how the money will be used. He said Mr. Smith has recommended using the $100.00 donation from the TCI Cable Co. to benefit Kid's Colony Playground. Councilman Burchard suggested sending the money back, stating that he does not think it is appropriate that the city receive money from TCI Cable Company. Motion to return the $100.00 donation to TCI Cable Company - Burchard; second - Hardin. Councilman Lynch said TCI also has a franchise with the City. He went on to say Kid's Colony is a good cause, but they have gotten a lot of publicity and received lots of donations. He suggested if the money is kept, using it to help someone who can't pay their utility bills. Councilman Lynch also suggested that if the money is returned, the city might suggest to TCI where it can best be used. Motion carried with the following roll call vote: Lynch - Aye; Pollard - Aye; Hardin; Burchard - Aye; Dillard - No; Manning - No 7. COUNCIL COMMITTEE REPORTS - None 8. CITY MANAGER AND STAFF REPORTS 1. Tony Johnston, Finance Director started today. 2. An experimental "speed hump" has been installed on Anderson Drive. In the past speed bumps have not been allowed, but this is not as pronounced as a speed bump and is going to be used in this location to slow down traffic. This has been researched with TML regarding our liability, etc. This will be monitored for a period of 6 months to one year and if it is found to be acceptable, "speed humps" may be placed in other problem areas. 3. Josey Lane extension - a green light has been received from TxDot regarding procurement documents. 4. A work session is suggested with the Upper Trinity Regional Water District regarding regional composting, water and wastewater issues. 5. Lake Lewisville State Park - The Texas Parks & Wildlife Dept. ~,as sam it is xw.'ll~g to work out an agreement regarding erosion problems, the overhead storage tank and oil,.er existing problems at the park. Today we learned they (Tx. Parks & Wildlife) had let their wastewater treatment license expire. 6. Wynnewood Peninsula Golf Course - Developers want to start as soon as possible but have to get the final lease documents signed by the Council and the Corps of Engineers. Council should forward any comments regarding the proposed lease to Mr. Smith. Councilman Hardin asked about the status of the alley report from Texas Waste Management. Mr. Smith will get back with her. Councilman Pollard asked for a traffic flow update on John Yates Blvd. Mr. Smith said the city is working with the school regarding parking and monitoring the traffic problems..An update will be provided. Councilman Lynch asked for a procedure to be established for Boards to make a recommendation to Council, i.e., a letter or memo, so it is official. He said the P&Z had recommended we begin work on a Comprehensive Plan and it was not even discussed by 9 the Council. Mr. Smith said staff could put together a procedure and noted the item was in the P&Z minutes, which is provided to the council. He said that the Comprehensive Plan had been in the 1994-95 budget projections, but had been removed, due to the new Planner being in place. It was decided during the budget process, the Planner would be asked to review all areas and then put money in the budget next year for the purpose of pursuing the Comprehensive Plan. 7. Charter Amendment Election - A charter amendment election has been discussed for several years. Ms. Hicks advised the first uniform election date on which it would be feasible to hold such an election would be August 12, 1995. She explained the time schedule to call the election and asked the council to provide an recommendations for amendment to the charter to her office within 30 days. Ms. Hicks advised she and Councilman Burchard would then meet with the City Attorney to begin preparation of the propositions to be considered. 8. P&Z Appointments - There are two openings on P&Z. Currently there are four applicants interested in the positions. The Council advised interviews should be conducted prior to the regular session on Monday January 16, 1995, beginning at 6:30 p.m. 9. City Council Place 6 Vacancy - Currently have received two resumes for this position. The deadline is Friday, January 13, 1995 at 5:00 p.m. Interviews will be held January 17, 1995 and appointment will be made the same night. According to the Charter, January 19, 1995 is the deadline for filling this vacancy. With no further business to address, Mayor Manning adjourned the meeting at 8:45 APPROVED: WilhVam W M-anning ~la~o~-~ ATrF_~T: Patti A. Hicks, TRMC, City Secretary 10