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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 4 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. 6 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