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HomeMy WebLinkAbout10/21/1996 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON OCTOBER 21, 1996 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 21st day of October, 1996, at City Hall with the following Council roll call: William W. Manning, Mayor Present Bill Longo, Councilmember Present Mary Watts, Councilmember Present David Stanwick, Councilmember Present Wilma Avey, Councilmember Present John Dillard, Councilmember Present Dave Kovatch, Councilmember Present and with seven present, a quorum was established and the following items were addressed: INVOCATION - Tommy Jackson, Calvary Temple Assembly of God PLEDGE OF ALLEGIANCE 1. CITIZEN INPUT Bemetta Henville-Shannon, 4156 Ballard Trail, read a prepared statement in which she asked why the Mayor did not follow his own protocol at the last council meeting. Her statement indicated that she was speaking for "a number of concerned residents" and it contained sixteen questions that she requested a response to within 10 working days from this date. There were also two questions regarding item 4 on the agenda and she indicated she would wait until that item was addressed to ask these questions. (Note: Ms. Henville-Shannon left the meeting before item 4 was addressed. The response to her two questions will be included in the response to the other sixteen questions.) Jerry Schultz, 5401 Gibson Drive, commended the council for its conduct at the last meeting, but stated that according to protocol, when a citizen brings in a problem, (the city) has 10 days to respond. He said he has received no response from any of the council. He continued stating we don't have decent laws in the city regarding animals and that he is still waiting for a response from the police department. Mr. Schultz said the City Manager's answer was to fire someone, but nobody wants to do anything to help (him). He said it has been over a year and he has received no decent response to this problem. Councilman Watts said she followed up with Chief Clark and that she would get with him (Schultz) tomorrow. Larry Floyd, 5128 Avery Lane, told the council that at the last council meeting they agreed to waste almost $100,000 and if they can do that why can't they fred the money to fix the streets. Tommy Jackson, 5705 Trego, spoke representing his church located at 5220 Blair Oaks. He gave brief history of his church. He then related an incident which occurred on October 20, 5 1996, on the front lawn of the church. Reverend Jackson said they were having an outreach concern and at 6:10 p.m. Officer D. Fitzpatrick contacted him regarding a verbal complaint for excessive noise. He said the officer gave him a warning citation and indicated that if there were further complaints, a written citation would be issued. He indicated the officer was rude. Reverend Jackson quoted a portion of Chapter 10-2 of the Code of Ordinances relating to noise and stated he does not believe the intent of the ordinance was to stop this type of activity. If so, the band could be cited during a parade. He asked that the warning citation be annulled and that the ordinance be reviewed and amended to more clearly state the intention of the city. Mr. Smith said he will not comment on the conduct of the officer without knowing both sides, but that the ordinance will be reviewed and brought to the council. 2. MAYORAL PROCLAMATIONS AND PRESENTATIONS PROCLAMATION DECLARING WEEK OF OCTOBER 20-26, 1996, AS NATIONAL BUSINESS WOMEN'S WEEK Requested by Dee Stokes, President, Trendsetters BPW of The Colony. Ms. Stokes was present to accept the proclamation and thanked the council for the recognition of the contribution women make to the workplace. She introduced the Trendsetters 1996-97 Woman of the Year, Debra Hollifield. PROCLAMATION DECLARJNG OCTOBER 26, 1996, AS "AARP DAY." Requested by Councilman Longo, this proclamation will be delivered to Mr. Bill Bausticker, the A.A.R.P. President. PRESENTATION TO GWEN MANSFIELD, FINANCE DEPARTMENT, FOR RECEIVING THE "DISTINGUISHED BUDGET PRESENTATION AWARD." Tony Johnston, Finance Director, said that for three years the city has presented its budget document to the Government Finance Officers Association for an award and we have received that award each of those three years. He said of over 1000 cities in Texas, about 100 turn in their budgets and only 80 receive this award. He then presented a Certificate of Recognition to Ms. Mansfield from the Government Finance Officers Association for her work in preparing the budget. This is the highest award given in governmental budgeting. Mr. Johnston then presented the City with the Distinguished Budget Award. Johnny Smith said we have an outstanding Finance Department, noting the city has received the Distinguished Audit award for the last 6 years. At this time, Mayor Manning announced that pursuant to Section 551 of the Local Government Code, the Council would convene into Executive Session to discuss the following item: 8:12 p.m. Convene into Executive Session 6 8:59 p.m. Reconvene into Open Session 3. CONSIDERATION OF APPROVAL OF AMENDED EMPLOYMENT AGREEMENT FOR JOHNNY SMITH, CITY MANAGER. Motion to accept the amended employment agreement as submitted by the City Attorney - Stanwick; second - Kovatch, carried with a unanimous roll call vote. Councilman Watts asked if the amended agreement will be public information. Yes, it will. At this time, Mayor Manning allowed those wishing to speak regarding this item that opportunity. Rich Lewis, 5013 Ashlock, said he assumes that Section 8 of the City Manager's employment agreement has now been amended. He said the original agreement called for monthly payments, but now the city will pay $76,000 by January 6, 1997. He said this is an additional cost to the city and it appears that the council doesn't care how much it cost, they just want to "do it". He then asked what the search for a new city manager will cost. Mr. Lewis also asked what the citizens can be told about an executive session, specifically if anything can be discussed about the last council meeting and tonight's meeting. He said that at the last meeting the Mayor prefaced his vote with the words "with regret" and said if you don't want him (city manager) to resign then vote no, if you want him out then vote yes. Mr Lewis said the citizens need to know. Lou Gomez, 5087 Shannon, stated that two weeks ago, he had castigated some members of council for actions many citizens feel are wrong. He cited the results of elections where Councilmembers Longo, Watts, Avey and Kovatch were elected and advised that there are now more signatures on the recall petitions than votes that elected Avey and Kovatch and that there were nearly as many as elected Longo and Watts. Mr. Gomez asked if these members feel it is right to stay in office until 30% of the voters sign the petitions or if they should admit they made a mistake and resign. He said The Colony has been set back 5 years with just one vote. Continuing, he said development has also been set back and quoted from a letter received from a developer, who asked for a reason why Johnny Smith was forced out and who wanted to know the nature of this decision. Mr. Gomez encouraged citizens to request a copy of this letter and of the September 30,. 1996, council meeting. He said this (meeting minutes) will show the conduct of the council. Mr. Gomez stated the Councilman Longo has alienated his own. Councilman Longo responded, stating that Mr. Gomez did not know what he was talking about. Mr. Gomez stated Councilman Longo does not know what he is talking about'and asked him to step down. Mr. Gomez then asked Mayor Manning, Councilman Stanwick and Councilman Dillard why this action was taken, stating that the citizens deserve to know. He encouraged them (Manning, Stanwick and Dillard) to sign the (recall) petitions because they cannot continue to work with these people. Joyce Fulco, 4712 Clover Valley, asked how Mr. Gomez got a copy of the letter (he just quoted) and asked if it is open. Jerry Schultz, 5401 Gibson, said the Council was voted in by people like all of us and because you (council) won't lambast Johnny Smith, everyone is against you. He asked Mr. Smith 7 00623° to tell why he is leaving. Mayor Manning responded, stating that he has not been in favor of this action from the outset, but that things had moved along in a bizarre fashion and now we have to do what is best for the man (Johnny Smith). 9:14 p.m. 14. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.071 OF THE LOCAL GOVERNMENT CODE, REGARDING PENDING LITIGATION, TO-WIT: A. RICHARD KAMEN, DEBRA AND DANIEL FOESHER et al., PLAINTIFFS, v. CITY OF THE COLONY, TEXAS, DEFENDANTS, Case No. 4:96CV335 10:03 p.m. Reconvene into Open Session 4. RECEIVE REPORT FROM CITY STAFF REGARDING WATER LINES IN THE NORTHWEST PORTION OF THE CITY. Pat Dunlap, Public Services Director, advised he was made aware on October 11, 1996, of the possibility of 3600' of asbestos cement water lines in the Eastvale subdivision, and subsequently met with two citizens from that area. On Tuesday, October 14, T.N.R.C.C. took two samples and then two more samples were taken. The results will be ready in one week to 10 days from the dates of the tests. Presently, the city is in the process of laying new water lines along F.M. 423, which will replace approximately 1000' of asbestos cement water lines in that area, because those lines will no longer be in use. Mayor Manning asked if other cities have this problem. Mr. Dunlap stated that he contacted several agencies, including the Texas Department of Health and Human Services. He has found that several cities have asbestos cement lines in their systems. Some of those are Dallas with 1%, Irving with 40% and Arlington with 20% (2000 mile system). Mr. Dunlap continued, stating this type of pipe was a common water pipeline material for about 40 years and cities are replacing it now through routine maintenance. Councilman Kovatch stated that if the city proceeds as planned, the other 2600' will also be replaced. Robert Camiero, resident of the Eastvale subdivision, said he thought the money was already there and asked what happened to it. Bert Eubank, resident of the Eastvale subdivision, asked if Dallas, Irving and Arlington have closed or open systems. Mr. Dunlap said he assumes they can be flushed through the fire hydrants. Ms. Eubank asked where impurities go in a system that can't be flushed. Mr. Dunlap advised there are two flush points for the Eastvale subdivision. Ms. Eubank asked when the fu'e hydrant was installed and Mr. Dunlap said he did not know. Ms. Eubank asked about the asbestos contamination study and Mr. Dunlap said he cannot respond to that question. Tom Peters, 7637 North Shore, said asbestos is an air borne fiber and that he is concerned that while heavy equipment is working in the area, the asbestos pipe may be disturbed and if so how much we have consumed. Mr. Dunlap said that is being monitored in the project along FM 8 423. Mr. Dunlap also stated that he had contacted the E.P.A. and was told that there is more asbestos in the air along a highway due to the lining of the brake shoes of vehicles than from our water lines. 8. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE ISSUANCE AND SALE OF CITY OF THE COLONY, TEXAS, WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1996-C, IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $1,700,000, PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID BONDS; AWARDING THE SALE THEREOF; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT Motion to postpone action on this item until November 18, 1996, in light of present litigation - Kovatch; second - Dillard, carried with a unanimous roll call vote. Mayor Manning read the following statement: "The City Council's consideration and possible action on an ordinance authorizing the issuance of the City's Water and Sewer System Revenue Bonds, Series 1996-C, in the approximate aggregate principal amount of $1,700,000, for improvements to the City's water and sewer system, is rescheduled for a meeting of the City Council to be held in the City Council chambers at 7:30 p.m. November 18, 1996." Councilman Stanwick asked if the lines along 423 were being paid for with these bonds. Mr. Johnston explained, stating that project is being funded through the Series B bonds, already issued. This issue is Series C and is for the Eastvale subdivision water lines and the south water tower. Mr. Leroy Grawunder with Vinson and Elkins, the city's bond counsel, stated that the Attorney General's policy is not to approve bonds when there is litigation of this nature. Don Blackwood representing Crow-Billingsley addressed the council stating that they (council) knew how important the water tower is to their development. He reminded the council that they have already agreed to build this tower and that he hates to see their portion of this bond issue penalized by another portion of the City. He said this will unduly delay their project and he is not hearing any assurances that the bonds will be issued in November. He urged the council to separate the two issues if possible. Mayor Manning said we will resolve this matter as quickly as we can. At this time, Boyd London summarized a memorandum he had prepared for the Council regarding this matter. (See Attachment "A") Briefly, he stated the problems are two fold: "First, the Attorney General is required to approve bonds as to their legality, He will carefully examine any outstanding litigation, and will typically not apProve bonds that have outstanding litigation. It is not clear what he would do in this instance. The second problem is that the bond market and rating services have a difficult time gauging the impact of this type of open ended litigation on a City's ability to pay its outstanding obligations should it be forced to issue substantial amounts of additional debt." 9 00623 5. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD SEPTEMBER 30, AND OCTOBER 7, 1996. Council meeting minutes have been prepared for the council review and approval. Motion to approve the minutes as written - Dillard; second - Kovatch, carried with all members voting Aye. B. CONSIDERATION OF A RESOLUTION RECOMMENDING PLANNING AND ZONING COMMISSION RESTRICTIONS ALONG THE SH 121 CORRIDOR Dennis Watson, Assistant to the City Manager and Coordinator with the Economic Development Corporation, has requested this resolution to prohibit use of liquor sales for off- premise consumption along SH 121. This item was pulled for discussion by Councilman Watts who advised that the EDC Board had created a vision work sheet for The Colony and read the goals of the work sheet. She said that the current request to build a Centennial Liquor Store along Highway 121 is not compatible with the EDC's vision and went on to say the EDC has prepared a resolution recommending that the Planning and Zoning Commission prohibit the use of liquor sales for off- premise consumption along State Highway 121. Councilman Watts, said "Based on the statements in that resolution, I have asked that the city attorney familiarize himself with the issue and it is my hope that we will be able to put an ordinance on the next agenda that would in effect make the resolution an ordinance and that being 'geographically def'me an area on 121 to a certain depth north and south of 121 that would not allow liquor sales for off-premise consumption.' And limit that only to the 121 corridor and that being the front door of the city and what other people would use to identify who The Colony is. Are we a series of liquor stores or are we a family oriented community?" Mayor Manning said as he understands it, the EDC is going to promulgate this resolution. "This is not a resolution of the council but you're going to pass it on to P&Z." Mr. Gary McClure read the resolution as follows: ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO. A RESOLUTION OF THE ECONOMIC DEVELOPMENT CORPORATION RECOMMENDING THE PLANNING AND ZONING COMMISSION PROHIBIT THE USE OF LIQUOR SALES FOR OFF-PREMISE CONSUMPTION ALONG STATE HIGHWAY 121 WHEREAS, the Economic Development Corporation ("EDC") senses the role it has of describing to the City of The Colony, Texas, the kind of industry they want to attract; and 10 WHEREAS, the EDC has reviewed its vision statement which expressly points out the need for family-oriented and family-related industries for attraction to The Colony; and WHEREAS, the EDC is concerned that the image along State Highway 121 reflects the reputation of the City of The Colony; and ~REAS, the EDC desires to attract industries along the State Highway 121 Corridor which are complimentary to fulfilling the goals and the vision statement as described. NOW, THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT CORPORATION OF THE COLONY, TEXAS: Section 1. That the recommendation be made to the Planning and Zoning Commission to restrict development along the State Highway 121 Corridor to prohibit use of liquor sales for off-premise consumption. Councilman Stanwick, said he served on the EDC and is 100% supportive, however, he takes issue with the EDC providing direction to P&Z. "P&Z's job is to plan and zone or enforce those ordinances that are in place and we can have guidelines and recommendations, but something of that sets policy similar to what this does, I believe needs to come from the Council. I have no problem with the EDC making this resolution, the only sentence that I have a problem is Section 1. It says the recommendation is be passed along to P&Z. If this does come back before council in the form of an ordinance, then at that point we can vote on it, decide what we want to do on it and then P&Z can go forward from there. So this whole resolution I support up to Section 1." Councilman Watts said, "It was the gentleman (Worth Blake) that is working with us on the Comprehensive Land Use Plan that gave us the direction to address this to Planning & Zoning because a preliminary plat is already before them. It is on hold at this point, but it had been presented to them, I believe at their last P&Z meeting and it was the direction of this gentleman, that the city has hired for this explicit purpose to go ahead and make the resolution to P&Z because they were faced with a challenge at that point in time and they had no tools to deal with that and that's why it was directed to P&Z and not to council." Mayor Manning said the fact is the EDC has no standing in directing the P&Z to do anything. They can' only suggest or ask, or whatever. Councilman Avey said she would like some kind of comment from the City Attorney as to the legality of this, considering we are a wet city, and if there's no legal problems then fmc, but if there are legal problems then maybe the EDC and P&Z need to look at this resolution. John Hill said with respect to the pending preliminary plat, that applicant would not be affected by this change. He said you may be able to create a district along 121, noting however, that the TABC strictly limits the city's abilities to control alcohol sales. He said we must treat similar businesses the same and it will be hard to draft an ordinance that will address this issue. Mr. Sam Chavez, City Planner, agreed with Mr. Hill and that he has checked several places and agreed that it will be very difficult to do this. He has checked with the TML attorneys as well and they all agree. "You can't do it under state statutes, simply because we do have to treat similar properties in similar ways. We have spent a lot of hours researching that. 11 I've talked to TML myself several times to make sure I'm getting consistent information from them and they keep telling me that as long as we are wet, we have a problem." Councilman Kovatch said he understands EDC's concern but stated it is not fair to halt Centennial in mid-stream. Councilman Dillard said there are two issues; what we want and private property owner's rights. We are wet and we need to be careful how we move on this. He said we don't want this to become a wet/dry issue, because of the emotions that brings up. The bottom line is we are wet, we do receive revenue from the sale of alcoholic beverages. Councilman Watts said she has never purported this to be a wet/dry issue. She said she also talked with TML and was told that if we never let in a liquor store, which is different from a Mobil station or an Albertson's, then we don't have to let any more in. Continuing, she said if she understands Mr. Hill correctly, because Centennial already has a preliminary plat, then it is a separate issue from if, at this point, council chose to pass an ordinance that prohibit any other stores from coming in. It is not a wet/dry issue, it is an economic development, image/vision issue to this city. Mr. Hill agreed Centennial would be a separate issue, if we can legally draft an ordinance, stating he is not sure that can be done legally. Councilman Watts said, "Quite often things get delayed because there does not seem to be a consensus of Council as to whether to pursue something. I don't know if this is going to take a formal motion or whatever, but I would like to make a motion that the city attorney proceed with looking into the possibility of writing an ordinance that, excluding Centennial because they've already issued the preliminary plat, would define a corridor on 121 that would prohibit the sale of liquor for off- premise consumption." Mayor Manning, "I'm going to have to ask that be put off until the next meeting because it's not on our agenda this evening. But we will put that on the next agenda as an action item if the council so directs. That's your deal Ms. Hicks. There's really no action for the council to take on item B. This is simply a matter of informing the council that the EDC was going to go forward with this resolution." Tommy Jackson, 5705 Trego, addressed the council stating he is in favor of the EDC resolution. He believes the businesses in our city reflect who we are as a community and he does not believe the entire City of The Colony supports liquor stores. He also said people drive to The Colony to get liquor. Hwy 121 is an easy route and may add to alcohol related accidents. C. CONSIDERATION OF ACCEPTING LETTERS OF RESIGNATION FROM BOARD MEMBERS OF LIBRARY AND PARKS AND RECREATION BOARDS. Letters of resignation have been received from Elizabeth S. vaughn, Library Board, and Jaicie Kirkpatrick, Parks and Recreation Board. Motion to accept the letters - Dillard; second - Kovatch, carried with all members voting Aye. D. CONSIDERATION OF AUTHORIZING THE CITY TO ADVERTISE FOR BIDS FOR A BRUSH CHIPPER MACHINE. In an effort to comply with the Regional Solid Waste Plan, this equipment will be funded 12 0062, v by a grant in the amount of $20,000. Councilman Watts pulled this item for discussion and asked how we chipped trees before. Ms. Janice Brady, Recycling Coordinator, responded stating we have chipped Christmas trees in the past using a chipper that was either on loan to the city as a potential buyer or we have rented a chipper for weekend use for $3:50.00. She said the city did purchase a small chipper several years ago for approximately $2400.00, but it was too small for anything but Christmas trees with about a 4 inch cut capacity. Since the larger cut is more cost effective, the Public Works Department has either borrowed or rented chippers in the past few years. The old, small chipper is now being used at Hidden Cove Park. Councilman Watts asked if there would now be a central location where citizens could bring their brush and trees to be chipped and Ms. Brady replied that the grant says two times a year .... Christmas trees and one other and hopefully more often later on. Councilman Watts said we are going to spend $20,000 to buy a chipper when we have rented one for $350.00 in the past. Ms. Brady said this will help us reach our goal of reducing yard waste and the grant is giving us the money if we will do what we said we would. Councilman Watts asked if we can use the $20,000 for something else in the recycling program. Ms. Brady said she does not think there is a better use because this will reduce the waste going to the land fill Councilman Watts asked again, if there would be a central location where citizens cantake their brush and tree limbs all the time. Motion to authorize the advertisement for bids for the chipper - Kovatch; second - Dillard. Mr. Smith advised that we will move in the direction of having a central location available all the time, but not in the first year. This also includes use for large park areas that have to be trimmed. He said we hope to expand the use as soon as possible. Councilman Dillard commended Ms. Brady on doing a good job and finding a good program. He said this will eliminate some of the tonnage going to the land fill. Motion carried with all members voting Aye. E. CONSIDERATION OF RENEWAL OF COOPERATIVE PURCHASING CONTRACT WITH DENTON COUNTY. This contract allows entities to take advantage of cost benefits associated with large volume purchases. Approval is recommended. Motion to approve the renewal as recommended - Dillard; second - Koyatch, carried with all members voting Aye. F. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 6, BUILDINGS; CONSTRUCTION AND RELATED ACTIVITIES; BY AMENDING SECTION 6-112 DEFINITIONS. This ordinance was read at the October 7, 1996, council mqeting. It was prepared by the city attorney to bring Chapter 6 into compliance with the City's zoning ordinance. Approval is 13 00694 . recommended by staff and the city attorney. Motion to approve the ordinance as written - Dillard; second - Kovatch, carried with all members voting Aye ~. G. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE POLICE DEPARTMENT POLICIES AND PROCEDURES WITH REGARD TO CITIZEN OBSERVERS This item was brought to council on September 16, 1996, and at the direction of the Council the waiver of liability necessary for this program has been reviewed and approved by our insurance provider, Texas Municipal League, and our city attorney. Motion to approve the amendment as written - Dillard; second - Kovatch, carried with all members voting Aye. 6. CONSIDERATION OF AUTHORIZING STAFF TO SUBMIT A LEASE AGREEMENT TO THE CORPS OF ENGINEERS FOR STEWART PENINSULA GOLF FACILITY (RUSTY NICHOLS). Attorneys for Rusty Nichols, Mr. Nichols and staff have been working on this proposed lease agreement with the Corps over the last few months. A tentative undemanding and final draft is ready for formal submittal by the City to the Corps of Engineers. Mr. Smith explained this is one of three leases we are trying to split out from the Stewart Creek Park and Wynnewood master lease. The developer's attorney has broken ground with the Corps for the City and we can take advantage of that with the other two leases. Already agreed to is the change allowing money taken in at any of the Corps parks to be used for improvements in any of the other Corps parks (in the city). Rusty Nichols, Stewart Peninsula Golf, said this lease is close to being approved by the Corps. He responded to some general questions regarding the golf course, the type and size of restaurant, the dock, etc. He said they hope to break ground in December, sprig (grass) in March and be open next October. Mr. Smith advised that we have received permission from the Corps to begin clearing the property and tonight we are asking for permission to pursue approval of this lease with the Corps of Engineers. Councilman Watts said she understands the Corps wants to connect the lease with the lake in some manner and if there is no restaurant, will there still be a dock. Mr. Nichols said there probably will be. Motion to authorize submittal of lease to the Corps of Engineers - Kovatch; Dillard- carried with all members voting Aye. 7. CONSIDERATION OF NOMINATING A CANDIDATE FOR POSSIBLE APPOINTMENT TO THE DENTON CENTRAL APPRAISAL DISTRICT REVIEW BOARD. 14 No nomination was made at this time. 9. CONSIDERATION OF A RESOLUTION CALLING TWO PUBLIC HEARINGS FOR THE PURPOSE OF ANNEXING 24.459 ACRES OF LAND, MORE PARTICULARLY DESCRIBED BELOW A 24.459 ACRE TRACT OF LAND CONTIGUOUS TO THE CITY OF THE COLONY, LOCATED IN THE WEST PORTION OF THE CITY, ADJACENT TO LAKE LEWISVILLE, SOUTH OF SOUTH COLONY BLVD., AND NORTH OF SH 121 The City of Lewisville took action on September 16, 1996, to disannex the tract of land and provide for release of extraterritorial jurisdiction to the City of The Colony. This resolution begins the process by calling two public hearings to be held November 4th and 1 lth, 1996. Motion to approve the resolution - Longo; second Watts - carried with aH members voting Aye. 10. FIRST PUBLIC HEARING FOR THE ANNEXATION OF APPROXIMATELY 40 ACRES OF LAND, MORE PARTICULARLY DESCRIBED BELOW APPROXIMATELY 40 ACRES OF LAND CONTIGUOUS TO THE CITY OF THE COLONY, LOCATED IN THE WEST PORTION OF THE CITY, BOUNDED ON THE WEST BY STEWART CREEK PARK, AND ON THE NORTH, EAST AND SOUTH BY STEWART PENINSULA DEVELOPMENT SUBDIVISION Stewart Peninsula Development Partners is in the process of purchasing approximately 40 acres of land just outside the city. The current owners have agreed to begin the annexation process. This is the first of two public hearings required. The second public hearing will be held on November 4, 1996. Mayor Manning opened the public hearing. There being no speakers, the public hearing was closed. 11. CONSIDERATION OF APPROVAL OF A RESOLUTION FINDING A PUBLIC NECESSITY FOR THE ACQUISITION OF REAL PROPERTY FOR A~BUFFER ZONE EASEMENT ACROSS CERTAIN TRACTS OF LAND AROUND THE SEWER TREATMENT PLANT; AUTHORIZING THE CITY ATTORNEY TO INSTITUTE EMINENT DOMAIN PROCEEDINGS; PROVIDING FOR A FINAL OFFER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion to approve the resolution - Dillard; second Kovatch - carried with all members voting Aye. 12. CONSIDERATION OF AUTHORLZING THE CITY OF THE COLONY, TEXAS, TO SEEK REQUESTS FOR PROPOSAL ("RFP's") FOR ALL SOLID WAS~FE SERVICE NEEDS 15 A memo is provided from the Solid Waste Sub-Committee members outlining services required. Mr. Smith said the committee has been working several months reviewing current and potential solid waste services. The committee recommends seeking RFP's for a combination of solid waste, recycling and sludge handling. The committee also discussed using a consultant to help in making a recommendation regarding the RFP's once received. Mayor Manning asked if the council wants to seek an RFP or will the Council accept the Committee's recommendation. Councilman Watts asked if the council would be able to review the RFP and Mr. Smith said we could try to have a base document in two weeks and we would have an item on a future agenda authorizing us to seek a consultant. Councilman Kovatch asked if that could be done tonight and the following motion was made. Motion to seek a consultant for a fee not to exceed $5000.00 - Longo; second - Dillard, carried with all members voting Aye. Mayor Manning asked if the council wanted to go ahead or bring the RFP back for council review. Motion to authorize seeking RFP's - Kovatch; second - Dillard, carried with all members voting Aye. A copy of the RFP will be given to the council when they are ready to go to the vendors. 13. CITY MANAGER AND STAFF REPORTS Chief Joe Clark reported on several different items. A memorandum on each has been provided to the council: 1. COPS MORE '96 grant program for Community Service Officers. Consensus of the council was to move forward with applying for this grant. 2. Future Growth of Public Safety - Police Department 3. Contact with LISD regarding the intersection of Nash Drive and John Yates Drive, with regard to Peter's Colony Elementary. 4. Lake Safety Report as requested by Councilman Kovatch. Councilman Kovatch said it appears to cover the information he wanted to see. With no further business to address, Mayor Manning adjoumed the meeting at 11:35 p.m. William W. Manning, Mayor ATTEST: Patti A. Hicks, TRMC, City Secretary 16