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Home My WebLink About07/24/1995 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON JULY 24, 1995 The Special Session of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. on the 24th day of July 1995, at City Hall. ROLL CALL William W. Manning, Mayor Present Bill Longo, Councilmember Present Mary Watts, Councilmember Present Kay Hardin, Councilmember Present Rob Burchard, Councilman Present John Dillard, Councilman Absent (Arrived 7:15) G. David Heiman, Councilman Present and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 7:03 p.m. 2. EXECUTIVE SESSION AS AUTHORIZED BY ARTICLE 551.074 OF THE LOCAL GOVERNMENT CODE RELATING TO PERSONNEL, TO-WIT, INTERVIEW FOR BOARD APPOINTMENTS 8:15 p.m. 3. CONSIDERATION OF APPOINTMENTS TO THE COLONY MUNICIPAL ECONOMIC DEVELOPMENT BOARD OF DIRECTORS AND TO THE PLANNING AND ZONING COMMISSION Nominations were taken from the floor for the Economic Development Corporation Board of Directors as follows: Councilman Burchard nominated David Stanwick Councilman Dillard nominated Ronald Fischer Councilman Heiman nominated Richard Gauthier The vote was taken as follows: 2 Longo - Stanwick/Fischer; Watts ~ Fi~eher/Gauthier; Hardin - Stanwick/Fischer; Burchard - Stanwick/Fischer; Dillard - Fischer/Gauthier; Heiman - Stanwick/Gauthier; Manning - Stanwick/Gauthier. Richard Gauthier - 4 votes; Ronald Fischer - 5 votes; David Stanwick - 5 votes. Mr. Fischer and Mr. Stanwick are appointed to the EDC Board. Nominations were taken from the floor for the Planning and Zoning Commission as follows: Councilman Burchard nominated Joe Agnew and DeVille Hubbard Councilman Hardin nominated Richard Gauthier The vote was taken as follows: Longo - Agnew/Hubbard; Watts - Agnew/Hubbard; Hardin - Hubbard/Gauthier; Burchard - Agnew/Hubbard; Dillard - Gauthier/Hubbard; Heiman - Agnew/Hubbard; Manning - Agnew/Gauthier. Joe Agnew - 6 votes; DeVille Hubbard - 5 votes; Richard Gauthier - 3 votes. Mr. Agnew was appointed to place 6 and Mr. Hubbard was appointed to place 4 of the P & Z. 4. CONSIDERATION OF A RESOLUTION SUPPORTING FUNDING FOR THE SH 121 BYPASS AS PROPOSED IN THE DRAFT 1996 TRANSPORTATION IMPROVEMENT PLAN Denton County Commissioner, Sandy Jacobs has requested all local government members of the Task Force adopt and present this resolution at a public hearing in our area in regard to the 1996 Transportation Improvement Plan and Air Quality conformity Analysis. Mr. Smith explained that construction is set to begin in 1996 and to be completed in 1998-99. There is no money obligated by the City of The Colony. Motion to approve the resolution - Longo; second - Hardin, carried with a unanimous roll call vote. 5. CONSIDERATION OF ACCEPTANCE AND AWARD OF PROPOSALS FOR RECREATIONAL DEVELOPMENT AT HIDDEN COVE PARK The City sought proposals for Recreational Development at Hidden Cove Park. Only one proposal was received. Pam Nelson stated one proposal was received form D.C.D. for operation of boat rentals, courtesy dock installation and concession operations. The parks & Recreation Board reviewed the proposal on July 19 and does recommend approval with changes as follows: Conditions of the Lease: 1. The board recommends $1500.00 a year (to cover utilities) for the first 5 years to allow more rapid recovery on the initial investment and then increasing the 6 - 10 year amount from $2500 to $4500 a year plus a percentage of gross. 2. The board recommends against allowing free access to the park for patrons utilizing the cafe or boat rentals because this would be extremely difficult for staff to enforce and track. 3. The board agreed that D.C.D. should be "the only catering provider to be recommended by park personnel", but would not allow them to be the exclusive catering service for Hidden Cove facilities. 4. The board expressed concerns about the city's responsibility to dictate to the Corps the length of time it takes for them to approve a project. The City Manager had also prepared a memorandum in which he recommended a minimum charge of $3600.00 a year or $300.00 per month for the first 5 years with the ability to adjust annually if utilities increase. Councilman Longo made a motion to deny the request tonight and refer back to the P & R board. Ms. Nelson said postponing the decision may result in the developer losing this season entirely and noted that the board has met with the developers and has reviewed this proposal extensively. The board is comfortable with their recommendation. She said they want to support this business. Mr. Smith said the $300.00 would be a minimum and noted staff has tried to include everything in this amount. He said if our overhead goes up during the first 5 years the city should have the ability to adjust this amount annually. The Council discussed the proposal generally, asking questions of Mr. Stone and Ms. Nelson. There was much discussion regarding the annual amount to be paid to the city and the request for free access to the park for patrons of the cafe. Councilman Hardin expressed concern about the request to sell alcohol. Mr. Stone said the only alcohol being proposed is beer and wine which would only be sold at the restaurant, noting there would be no loud music. He said in that atmosphere he believed there would be no problems. After a lengthy discussion regarding the proposal several points were made: A termination clause is needed, the City Attorney will prepare the lease with council's conditions included, some attention will be given to resolving the issue of allowing people to come to the cafe without paying the $5.00 park entrance fee. Councilman Longo withdrew his motion at this time. Councilman Watts said she has several concerns, noting she talked to the Corps who advised there were no other boat rentals on the lake. The Corps said the amount of insurance is exorbitant, and Mr. Stone said they used the minimum required by the RFP. Mr. Smith said the proposal asked for $1,000,000. with a $3,000,000 umbrella. Councilman 005'76,t Watts said the Lewisville Lake Safety Task ~6~ 'may recommend any boater to be trained in safe operations. Mr. Stone said he would not consider allowing someone to take a boat that had never done that before and that he will do whatever is needed to help get needed legislation passed. Councilman Watts said she would like to see 7% added to cover maintenance on top of $300.00 per month for the first 5 years, then review and adjust accordingly. Mr. Stone asked that the $300.00 per month be kept as it is. Mr. Stone said he would like the Corps to approve this lease within 30 days from the date the lease is signed. Mr. Smith said the city has no control over the Corps. Both agreed that when we near the end of the 30 day time period, the status will be checked and proper actions will be decided. Changes were summarized. Mr. Smith said 7% is high and recommended 2% of gross revenues be added. Mr. Stone reminded council that he will handle any maintenance in the cafe at no cost to the city. Motion to accept the D.C.D. proposal with changes in Mr. Smith's memorandum included, addition of a 6 months termination clause, $300.00 per month plus 2% of gross - Burchard; second - Dillard, carried with all council voting aye, except Councilman Watts, who voted no, 6. CONSIDERATION OF AUTHORIZING A LETFER OF AGREEMENT WITH DAVIS WOODWARD AND FINGER DYE SPANN, FOR ARCHITECTURAL SERVICES ON THE WYNNEWOOD PENINSULA GOLF PROJECT The City Council addressed this at the July 17, 1995 meeting and asked for changes to be made to the agreement. Action was postponed until this meeting. Mr. Smith advised the amended Letter of Agreement contains all the changes the council requested on July 17, 1995 and that the City Attorney has reviewed the agreement. Motion to postpone this item until July 31, 1995 - Heiman; second - Longo, failed with the following roll call vote: Longo - Aye, Watts - No, Hardin - No, Burchard - No, Dillard - No, Heiman - Aye, Manning - No. Motion to approve this item - Dillard; second - Burchard. Ms. Lori Harlan, Economic Development Coordinator, said the information provided by this contract should be to ERA by July 18, 1995 and noted the feasibility is nearing completion. She did state that without this information, the study would not be complete or factual. Councilman Burchard clarified that if we terminate the agreement, the city has no obligation to pay. 5 00576z The motion carried with the following roll call vote: Longo - No, Watts - Aye, Hardin. Aye, Burchard - Aye, Dillard - Aye, Heiman - No, Manning - Aye. With no further business to address, Mayor Manning adjourned the meeting at 9:45 APPROVED: illiam W. Manning, Mayor * '-~ -~-~ ATTEST: Patti A. Hicks, TRMC, City Secretary