HomeMy WebLinkAbout12/18/1995 City CouncilOObgOo
MINUTES OF ~ CITY COUNCIL MEETING
HELD ON
DECEMBER 18, 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 18th day of December, 1995, at City Hall with the following
Council roll call:
William W. Manning, Mayor Present
Bill Longo, Councilmember Present
Mary Watts, Councilmember Present
Kay Hardin, Councilmember Present
John Dillard, Councilmember Present
G. David Heiman, Councilmember Present
and with six present, a quorum was established and the following items were addressed:
INVOCATION
Mr. Don Ledbetter, owner of True Life Bookstore, provided the invocation.
ADMINISTER OATH OF OFFICE TO DAVID MCCREARY, NEWLY APPOINTED
COUNCILMAN, PLACE 4
At this time, Councilman McCreary took his seat.
1. PLEDGE OF ALLEGIANCE
2. CITIZEN INPUT
Alice Warren, 2 Fairway, Frisco spoke in opposition to the Frisco jetport. She
explained the project would have a negative impact on The Colony citizens also as the flight
path would be over our homes, schools, parks and recreation areas. Airport facilities also
have a negative effect on residential real estate values wherever they occur. She asked for
support from the City Council and citizens of The Colony in opposing this jetport.
Mike Lynch, 4921 Roberts, wished everyone a happy holiday season. He went on to
state that Texas Waste Management has received permission to increase the height of the
landfill which will expand the life of the landfill. Previous rote increases have included
charges under Subtitle D for the closing of landfills. The city needs to be aware that the life
span has increased and to be aware of these fees. He also noted the animal control
ordinance is again being reviewed for amendment. He asked council to be aware of some of
the changes under consideration, especially in reference to pot belly pigs and fowl and
rabbits.
Patti Hicks provided an update of the stares of City Manager Johnny Smith. He is
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still hospitalized in El Paso listed as critical but stable. He will be there longer than
originally anticipated. He cannot receive flowers or calls but cards would be appreciated.
She asked anyone interested to contact City Hall for the address. Mayor Manning advised the
Council will need to appoint Ms. Hicks as Interim City Manager at the next meeting so she
can continue to perform the City Manager duties while Mr. Smith is ill.
3. PRESENTATION OF EMPLOYEE RECOGNITION AWARDS
Personnel Director Margaret Burkett and Mayor Manning presented recognition awards
to the following employees: Steve Westerfield and Patti Ristagno, 10 years; Para Nelson and
Tony Phillips, 8 years; Billy Wilson, Davy Sanehez, Robert Regnold, Curtis Macdonald and
Rocky Testerman, 2 years.
Deputy Fire Chief/Fire Marshal Dave Wallace said there were two special
presentations for the Fire Department. The fu~st recognized the Volunteer of the Year. This
was Steve Westerfield. The Career Firefighter of the Year was awarded to Alan Williams.
6. CONSIDERATION OF APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF THE COLONY AND THE ECONOMIC
DEVELOPMENT CORPORATION RELATING TO THE PURCHASE OF THE
RIGHT-OF-WAY FOR THE EXTENSION OF MAIN STREET (423) AND JOSEY
LANE
Mayor Manning stated the extension of Main Street is important for economic
development. The EDC Board of Directors have reviewed and discussed the possibility of
funding purchase of the right-of-way. The money will be taken from the land fund and
would be repaid by the EDC in the future. Councilmember Hardin asked what the time frame
would be. Mayor Manning said no time frame had been established, but maybe a year.
Motion to approve the memorandum - l:leiman; second - Hardin. All ayes.
4. CONSENT AGENDA - Mayor Manning summarized the items on the Consent
Agenda as follows:
A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL
MEETINGS HELD NOVEMBER 27, DECEMBER 4 AND 11, 1995
Motion to approve as submitted - Dillard; second - tteiman. All ayes.
B. CONSIDERATION OF A RESOLUTION AUTHORIZING PARTICIPATION
IN THE DENTON COUNTY DRUG TASK FORCE
Motion to approve the resolution - Dillard; second - Heiman. All ayes.
C. CONSIDERATION OF AN ORDINANCE AUTHORIZING AND
ALLOWING UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL
RETIREMENT SYSTEM, RESTRICTED PRIOR SERVICE CREDIT TO -'-
EMPLOYEES WHO ARE MEMBERS OF THE SYSTEM
Motion to approve ordinance - Dillard; second -/teiman. All ayes.
5. CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO EXECUTE A
QUIT CLAIM DEED GRANTING DEDICATED RIGHT-OF-WAY TO TWO
ADJACENT PROPERTY OWNERS
Sam Chavez, City Planner, stated that this was a return of right-of-way which the
property owners had previously granted to the city for a cul-de-sac. It was no longer needed
as a through street was built, not a cul-de-sac. Councilmember Hardin asked if this had been
reviewed by the city attorney and that she would like a written opinion from him. Patti Hicks
stated the Quit Claim Deed would be drawn by the attorney. Discussion continued
concerning the reply cards received. Mr. Chavez assured the council that all questions had
been resolved and all the utilities serving this area were in agreement with this.
Mayor Manning asked that it be amended to allow Ms. Hicks to execute the deed.
Motion to allow Patti Hicks to execute a Quit Claim Deed returning fight-of-way to
property owners - Dillard; second - Watts. All Ayes.
8. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE ISSUANCE AND
SALE OF CITY OF THE COLONY, TEXAS GENERAL OBLIGATION
REFUNDING BONDS, SERIES 1995; LEVYING A TAX AND PROVIDING FOR
THE SECURITY AND PAYMENT THEREOF; APPROVING THE OFFICIAL
STATEMENT, BOND PURCHASE AGREEMENT AND ESCROW AGREEMENT;
AND ENACTING OTHER PROVISIONS RELATING THERETO
Ms. Hicks asked this item be postponed at the request of the bond counsel. Tony
Johnston explained that this is refund current General Obligation bonds. The bond counsel
has advised that the market is changing rapidly right now. They advise we wait until it
settles which should be in the next two weeks.
Motion to postpone - Hardin; second - Heiman. All ayes.
7. CONSIDERATION OF APPROVAL OF AN AGREEMENT BETWEEN THE CITY
OF THE COLONY AND DENTON COUNTY FOR THE LEASE OF THE
EXISTING DENTON COUNTY GOVERNMENT CENTER
Ms. Hicks advised that the agreement submitted for approval had been negotiated
between Mr. Smith and the County Commissioners, particularly Kirk Wilson. It does contain
all of the changes requested by Mr. Smith and staff recommends approval. If it is accepted,
move in could be scheduled as early as February.
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Discussion followed concerning exclusive use by the seniors. Para Nelson, Director of
Park & Recreation explained that several groups use the current Civic Center which is in
disrepair and she had worked with an architect to draw up possible floorplans of the
Government Center which would allow multiple group use.
There was additional discussion of the condition of the Government Center, what
renovations would be necessary and the cost. Patti Hicks stated that we would not make any
major renovations or repairs.
Councilman Dillard expressed concern that the Government Center is not adequate to
meet the needs of our citizens even now. We need a larger facility and our needs continue to
grow. Ms Hicks agreed this was not an optimum solution but it was the best we could do at
this time, especially with the current Civic Center in such poor shape. Councilman Longo
pointed out that the Seabees had volunteered to help renovate the structure for the seniors.
Councilman Heiman stated we need a long range plan, that it was not economically
feasible to renovate the Government Center. He suggested this be discussed more fully at the
work session being held in January. Counciimember Hardin stated a decision is needed now.
Even if the work session were held next week, we can't build anything now.
Motion to "accept this agreement from the commissioners, that we enter the agreement
for a year to year lease, with clarifications on the foundation, and that we have a work
shop sometime in January to meet with the citizens' group to determine the
configuration of this particular building" - Dillard.
Councilmember Hardin asked if this was for exclusive use of the seniors or if others
would be able use the building. Councilman Dillard said he would say primary use by the
seniors. Councilman Heiman stated he was comfortable with this as long as others can use
the building.
Motion second by Hardin.
Discussion continued concerning liquidated damages which are addressed in the
agreement and use of the facility by other groups.
Bill Bausticker, 5841 Carroll Dr., spoke for the seniors. He stated the current facility
is too small for many of their current activities and will not allow them to expand their
programs. Other groups can lease space at schools or use the Park & Rec Building. The
seniors want exclusive use or give them control over who uses the facility. The city should
accept the building and make the minor modifications needed. Discussion followed as to
what modifications, who would make them and what it would cost.
Jerry_ Rooney, 5301 Sagers, stated this has been going on for some time and the
Council does not appear to do their homework. The agreement specifies the facility is for the
seniors. They are active throughout the city. He cited the various departments and
organizations they contribute their time to.
Mike Lynch, 4921 Roberts, said he supported the motion as read - seniors as primary
users - and work out the details later.
Discussion followed concerning problems with multiple groups using the facility. The
seniors have complained that equipment is missing or damaged after use by others. It was
determined that the monitoring system would be reviewed. "
Dick Weaver, 4940 Hackney, stated the seniors have done all of the leg work to get
this building and it should be for the exclusive use of the seniors.
Larry Floyd, 5128 Avery, said the building is not as bad as some think. He has
officed there for some time now. He went on to say the Resolution from the County
Commissioners does say the building is for the seniors only and he would like to see it used
only for the seniors.
Mayor Manning stated that he has long supported a senior facility. He stated that
many of our city facilities are exclusive by their nature, such as athletic fields. He expressed
hope that the seniors would be willing to work with the city at this time to find a way to
allow use by all of the organizations until a better solution can be determined. He would like
a representative from the seniors to attend the work session in January to work out a
COll~nsUS.
Motion carried with all voting aye except Councilman Longo - No.
9. DISCUSSION OF AN INTERLOCAL AGREEMENT WITH DENTON COUNTY
FOR THE LAKE SAFETY TASK FORCE
Ms Hicks explained this item had been postponed earlier and was for discussion only
at this time. Councilmember Watts explained that she had previously been concerned with
wording which included additional fees added to our park fees to fund this task force. This
reference has been removed. With this amendment she has no problem approving the current
agreement.
Discussion followed regarding the jurisdiction of the various entities involved and how
lake safety could be improved with centralization of reporting. Councilman Heiman agreed it
would be beneficial to have a central office to report problems on the lake but wants to be
sure the City does not abdicate authority to the county.
Mayor Manning asked this item be included on the Consent Agenda for the next
regular session.
10. CITY MANAGER AND STAFF REPORTS
Lori Harlan, Economic Development Coordinator, stated the E.D.C. was still
negotiating with Peninsula Golf. She hoped to provide more definite information on the
status of the project soon. She assured the Council that the time used in these negotiations
had not been wasted, that the environmental assessment required by the Corps which will be
necessary regardless of who builds the course, is being done at the same time.
Sam Chavez, City Planner, advised that a special session of the Planning & Zoning
Commission will be held tomorrow evening at 6:00 p.m. to review the draft standards for the
S.H. 121 corridor.
Patti Hicks reminded everyone that City offices will be closed next Monday and
Tuesday for the Christmas holiday.
With no further business to address, Mayor Manning adjourned the meeting at 9:20
p.m.
APPROVED:
William W. Manning, Mayor ~
ATTEST:
Patti A. Hicks, City Secretary