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HomeMy WebLinkAbout10/02/1995 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON OCTOBER 2, 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 2nd day of October, 1995, at City Hall with the following Council roll call: William W. Manning, Mayor Present Bill Longo, Councilmcmber Present Mary Watts, Councilmember Present Kay Hardin, Councilmember Present Rob Burchard, Councilmember Absent due to business John Dillard, Councilmember Present G. David Heiman, Councilmember Present and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT At this time, mayor read a Proclamation regarding the 10th Homecoming for The Colony High School. Eight members of the charter faculty were present to accept the proclamation. 3. PRESENTATION OF CITIZEN COMMENDATION Fire Marshal, Dave Wallace and Mayor Manning recognized David Irizarry for his act of courage and bravery on September 23, 1995, when he saved his sister Billie from very serious injury. 4. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINU'I~S OF THE COUNCIL MEETINGS HELD SEPTEMBER 18 AND 25, 1995 Motion to approve the minutes as written - Dillard/second - Hardin, carried with a unanimous roll call vote. B. CONSIDERATION OF RENEWAL OF AN EMPLOYMENT AGREEMENT WITH PAUL STUCKLE, MUNICIPAL COURT JUDGE FOR A TWO YEAR TERM The agreement with Judge Stuckle expires October 31, 1995. Staff is very satisfied with his performance during the past two year term and strongly recommends 4 renewal of this agreement. A 3% increase was placed in the 1995-96 budget for the judge, which would be effective with the renewal of this agreement. Motion to approve renewal of the agreement - Dillard/second - Hardin, carried with a unanimous roll call vote. C. CONSIDERATION OF A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT WITH DENTON COUNTY FOR LIBRARY SERVICES The above agreement is renewed annually. This agreement allows for the city to be reimbursed for serving residents outside The Colony but within Denton County. Motion to approve resolution - Dillard/second - Hardin, carried with a unanimous roll call vote. D. CONSIDERATION OF AUTHORIZING THE RENEWAL OF AN INTERLOCAL AGREEMENT WITH DENTON COUNTY PROVIDING FOR TAX COLLECTION SERVICES The City of The Colony entered into an agreement with Denton County in 1994 for the County Tax Collector to provide tax collection services. Staff is satisfied with the performance of the County and recommends renewal of the agreement for another one year term. Motion to approve renewal of the agreement - Dillard/second - Hardin, carried with a unanimous roll call vote. 5. CONSIDERATION OF A NOMINATION TO SERVE AS A MEMBER OF THE DENTON CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS All taxing entities in Denton County are requested to make a nomination(s) to the Appraisal District for membership on the Board of Directors. The City of The Colony has 108 votes. The Council did not make a nomination at this time. There will be an opportunity to vote on the persons nominated at a later date. 6. CONSIDERATION OF A RESOLUTION AUTHORIZING THE COLONY MUNICIPAL ECONOMIC DEVELOPMENT CORPORATION, FINANCIAL ADVISOR, BOND COUNSEL AND PROFESSIONAL STAFF TO TAKE ACTION WITH RESPECT TO THE PREPARATION AND ISSUANCE OF GOLF COURSE BONDS The Council met in a joint work session with the EDC on September 25, 1995 to discuss the best alternative for development of a golf course on Wynnewood Peninsula. The 5 EDC strongly recommends the sale of revenue bonds for the construction of the course. The revenue from the course would pay off the bonds. Mayor Pro-tem Dillard, member of the Economic Development Board stated that this project has been reviewed carefully and the EDC is recommending the issuance of revenue bonds because private funding is not viable. He continued stating his recommendation is that council approve this resolution tonight with no action to be taken on the bonds until October 16, 1995. He also recommended giving the private sector two weeks (until October 13, 1995) to come forward with a total package for the development of a golf course. Motion to approve the resolution with no action on the issuance of the bonds for two weeks . Dillard/second - Hardin. The calendar of events for the issuance of bonds was pointed out. Mayor Manning said he understands that outside investors may be interested and after reading the feasibility study, he thinks the golf course is a very viable project. The Mayor went on to say private funding will be fine if they (private sector) can beat us (the city) to the gate and if they understand they will have to reimburse the city for any expenditures we make. Joe Agnew, 5301 Nash, said he understands why some want to seek the private money but it has been done in the past and did not work. He said this is Corps property and financing is almost impossible. Mr. Agnew said this is a great opportunity for our community and that this will give the EDC the backing they need to go out and do even more. John Gordon, 5116 Brandenburg, encouraged the council to take advantage of this opportunity by endorsing this resolution authorizing the EDC to proceed with revenue bonds. Mr. Gordon said this will enhance our community, bring people in, and give professional and business people another look at our community. He said the risk is minimal compared to the benefits. Councilman Heiman asked why we are rushing if there are some people out there interested in doing this project. He said this has been going on for years and asked why we should risk tax payers' money. Mr. Smith said he would like to correct a statement made in the newspaper last week regarding the effect on the city's bond rating. He said if the golf course fails, the dty has no legal obligation to pay back those bonds. He said this may cause some investors who buy bonds in the future to question our situation before purchasing, but it will not have a negative effect on the bond rating Motion carried with the following roll call vote: Aye - Watts, Hardin, Dillard, Manning No - Longo, Heiman 7. CONSIDERATION OF AUTHORIZING THE COLONY MUNICIPAL ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS TO SEEK PROPOSALS FROM PRIVATE DEVELOPERS FOR THE CONSTRUCTION AND OPERATION OF A GOLF COURSE ON WYNNEWOOD PENINSULA Councilman Heiman requested this item to allow the council to also ask the EDC to seek proposals from the private sector for the development of a golf course. Councilman Heiman stated that he has no problem with a golf course, but he doesn't want the city to be involved. Motion to authorize the EDC to seek proposals from private developers for a golf course - Heiman/second - Longo. Mayor Manning stated he has no problem with discussing this project with private developers if they can catch up with the process. Councilman Dillard said the council has approved the EDC issuing revenue bonds and they (EDC) should continue to move ahead. He also said if private developers make a proposal, they should have money in hand. Kevin Bleiler representing private golf course developers, Charles Summerall and Edmund Hoffman, said he probably brought his proposal in too late. Mr. Bleiler said he does not want to throw a monkey wrench into this project in any way, going on to say if they can get involved later they would like to do that. Councilman Hardin asked if two weeks is long enough for them to bring back financial information and Mr. Bleiler said he believed so. Loll Harlan said the EDC is concerned that a time frame be set to coincide with the bond procedures. Mayor Manning stated again, the private developers will have to beat the EDC. Mr. Smith said if proposals are presented prior to October 13, 1995, then the EDC can review them at their October 17, 1995 meeting and bring their recommendation to the council at the November 6, 1995 council meeting. David Stanwick, 5237 Norris, V.P. of the EDC, said formal RFP's would include extra studies which would push back the timing a year or more and the project would just be getting started when it should be opening (Fall 1997). Councilman Longo said we need to extend the courtesy until October 13, 1995 to Mr. Bleiler. He said if we go with bonds, it needs the full support of council. Mr. Smith clarified: The EDC is to move ahead with the revenue bond process, private developers have until October 13, to present proposals, the EDC will review any proposals received on October 17, the EDC will make a recommendation to the Council on November 6, 1995. Motion carried with a unanimous roll call vote. 7 8. CONSIDERATION OF APPROPRIATE ACTION ESTABLISHING A DEADLINE FOR THE COLONY BAY DEVELOPMENT GROUP TO PRESENT REQUIRED DOCUMENTATION TO THE CITY OF THE COLONY REGARDING A MARINA PROJECT Mayor Manning said the council had given The Colony Bay Development Group a a long time to present all their information and they have not done that. The Mayor said he is in favor of a marina and now it appears there are others interested in pursuing such a project in The Colony. He said The Colony Bay needs to meet a deadline of October 16, 1995 and if they don't, then we need to seek other proposals. Mr. Smith said The Colony Bay is aware of this deadline and they will try to meet it. Mayor Manning said no matter what happens, we still have several hurdles to overcome. Motion to set a deadline of October 16, 1995 for The Colony Bay Development Group to provide all necessary documentation regarding a marina - Longo/second - Hardin, carried with a unanimous roll call vote. 9. CONSIDERATION OF AUTHORIZING THE PUBLIC WORKS DIRECTOR TO PREPARE NECESSARY INFORMATION AND DOCUMENTATION FOR THE RENEWAL OF THE OPERATING PERMIT FOR THE COLONY WASTEWATER TREATMENT PLANT Mr. Smith said the wastewater treatment permit expires April 28, 1996 and the application for renewal has to be submitted by November 28, 1995. The permit is very long and complicated. Staff has received a proposal from NRS Consulting Engineers to prepare the application and submit it to TNRCC. The proposal also includes preparation of calculations to adjust the peaking factor for the plant from 3.0 to 2.0 which will be important to the expansion of our plant. Councilman Hardin asked if this consultant will study our plant and tell us how much capacity we will need. Mr. Cravens said he will not, that this proposal is for permit preparation and to help the city cut our peaking factor so future expansion may not need to be so much. Mr. Smith explained that the contract we just cancelled with Wastelin6 Engineering was for a specific design and size of plant, which we may never need. He did say however, that since that cancellation, Mr. Billingsley has come to the city requesting annexation and that annexation could effect our expansion plans. Motion to approve agreement with NRS for preparation of operating permit for the wastewater treatment plant - Longo/second - Heiman, carried with a unanimous roll call vote. 10. DISCUSSION AND CONSIDERATION OF A REQUEST TO HAVE A MEMBER OF THE CLERGY OPEN COUNCIL MEETINGS WITH A PRAYER Councilman Hardin requested this item and stated the prayer does not have to be given by a member of clergy, going on to say a member of council or staff could volunteer to do this on a rotating basis. Mayor Manning said if we decide to do this we must be prepared for all faiths to be allowed to offer a prayer. Councilman Hardin said this country was founded on Christianity and belief in God and we should follow that (basis). Mayor Manning asked if she wanted only people of the Christian faith to offer the prayers. Councilman Dillard said other political bodies do open their meetings with a prayer. Councilman Longo said he has no problem with opening the meetings with prayer, but he does not agree with restricting it to one faith. Mayor Manning said the only way he can support this is if there is no restriction, stating our country was founded on freedom of religion and it should be open to all faiths. Councilman Dillard suggested directing staff to see what other bodies do. Mayor Manning said if someone is assigned to offer a prayer and they do not show, there will be no prayer because he does not want staff to have to chase someone else down. Councilman Heiman said this should be open to volunteers and it should unite us not divide us, noting however, that he cannot support it if it is restricted. Councilman Dillard and Councilman Hardin will research this a bring back a recommendation. 11. CITY MANAGER AND STAFF REPORTS 1. Speed Humps - Ragan has been modified and is much more satisfactory. Etheridge will be moved and modified the same as Ragan. Texas Town & City had an article about a traffic system in Plano which handles these types of problems. Staff is working on establishing the same type of system in The Colony. Discussion regarding involving the citizens in helping to solve the problems. 2. Southwestern Bell - Staff is working toward replacing the entire phone system, using the certificates of credit from the Port Arthur litigation settlement. The aim is to never have a busy signal. 3. The TCI agreement is being modified to incorporate some of the comments received at the last meeting. 4. Thoroughfare Plan - the City of Frisco will not include the extension of N. Colony Blvd. through their city, but they are including the extension of S. Colony Blvd. 5. Kid's Colony - The committee has tried hard to retire their debt of $80,000. The balance is $2200.00 and they cannot pay it. Staff recommends paying off the debt since the playground is our property. The committee will continue to raise funds for maintenance of the equipment. 6. Lake Safety Task Force - Councilman Watts will serve, however it may be necessary for someone to be available to take her place if some of the meetings are in the day time. 9 7. School bond issue information is available at the front desk. 8. Fire Fest - October 21, 1995. Mayor Manning asked that Chief Morrison prepare a presentation for the next council meeting about the festival. 8:50 p.m. Recess 9:00 p.m. 12. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.074 REGARDING PERSONNEL, TO-WIT; A. DISCUSSION OF EVALUATION PROCESS FOR CITY MANAGER AND CITY SECRETARY/DIRECTOR OF ADMINISTRATIVE SERVICES 9:26 p.m. Reconvene With no action to be taken regarding the executive session and no further business to address, Mayor Manning adjourned the meeting at 9:27 p.m. APPROVED: ~v'ilhram W Maiming, Mayor & ATrEST: Patti A. Hicks, TRMC, City Secretary 10