Welcome to the August Council Meeting.  First up is the Denton County Transportation Authority (DCTA) to discuss what's new with the light rail including scheduling and fees. 

Charles Emery (DCTA executive) mentions that DCTA will be given an award from the N Tx Commission for the light rail. A letter from the City of Denton is being referenced regarding the light rail (we'll have to get a copy of this).

Dee Leggit (DCTA spokesperson) is now reviewing the funding gaps for the DCTA budget and what the board has done to bridge the funding gap.  She's also reviewing capital needs, service levels, and the long term financial goals of DCTA.

First up; bus ridership up 63% since 2005, especially the local fixed route busses.  Lewisville's growth has grown to over 6500 riders per month.

DCTA received a hike and bike trail grant for Lewisville for the trail that goes by the rail line. 

Next up are the Service Levels proposed in July.  5:30 to 9am and 3:30 to 8:30pm will be peak times with 20 minute intervals between trains and additional times based on special events like Red, White and Blue, and Western Days.  Because freight runs on this rail, DCTA can't be a 24 hour service.  Sundays are for track maintenance.  By changing to these times there will be a zero impact on DCTA's budget.  This does eliminate weekend hours for discretionary trips.  If we add Saturdays the DCTA has to come up with an additional 255,500 dollars per year.  There are also reduced peak with Saturdays at a cost of 196,000.  Option 3 is to reduce peak add late Fridays and Saturday at a cost of 318,000, and finally Reduced peak Saturdays and regional bus service for $1,270 of cost.

There is a short discussion that Friday and Saturday usage would need to be tied to ridership.  If ridership is too low they could quickly axe the evening and Saturday riders.

There is now a review of how the board of DCTA has adjusted for the greatly reduced tax revenues.  They've had to bridge a 21 Million dollar gap between now and 2015.  If you're interested in giving feedback on the Light Rail you have until August 23rd for public comment on their goals.

Councilman Watts asks if there are any potential new member cities to offset these costs.  Leggit mentions that there's been talk to make sure that new cities don't get a free ride, they have to pony up their full cost so that the cities who stepped up first (Denton, Lewisville, Highland Village) don't shoulder all of the burden now that the rail is in.  

Apparently a county commissioner or two are saying that cities like Lake Cities should get a station now that the rail is through there. Mr. Emery spoke to the Commissioners and made it clear new cities are welcome and will be asked to pay their fair share. The rail is a year to 18 months ahead of schedule.

Mayor Ueckert states that previous discussions stated that it would be ok to postpone rail service a few weeks to put aside monies to run the Friday and Saturday times as a pilot program.  (Ed- this seems like a great way to test the water and ensure there is demand for Friday and Saturday traffic).

DART has changed their travel times from 10 minutes to 15 minutes which could create wait of up to 20 minutes between the DART and DCTA.  The phrase "Modal Bias" was just used, I've got to find a way to use this in casual conversation.

Rene Isip is here from Toyota of Lewisville to discuss the new sponsorship program with Railroad Park.  This is 150,000 a year for 10 years.  We signed a 17,500 contract with a marketing firm to evaluate the value and then we paid a $33,000 fee to find sponsors and a commission depending on the size of the contracts.  The anticipated value of Railroad Park marketing was 150,000- so the contract hits the high end of the value.  They will also be adding 150 banners to the lights in the parking lots.

After commissions and fees we will be paying the CSL (the marketing firm) $333,500.  CSL is actually allowing us to finance the new signs through them to get the $150,000 in signage done now versus taking monies out of the City's coffers up front, giving us a final income for the park of about 1.2 million over 10 years.

Discussion of Agenda Items-  Public hearings, no questions.  Items 1-3 no questions.  Item 4 Gorena would like to have removed from the consent agenda.  Mr. King has asked for this to be tabled.  This is the economic development agreement for the old K&W building to be converted into a Pizzeria. 

Gorena would like 5 pulled so we can toot our own horn regarding the Toyota of Lewisville Sponsorship.  Since the contract hasn't been finalized staff is reluctant to do this without Mr. Isip's approval.  Gorena will have it pulled for staff to give an overview.

Item 6 Gorena would like to recommend that policies and procedures need to be cleaned up but isn't against what we're doing tonight.

Item 7  Gorena wants to know about the drive on 121 that is being asked to be built by an abatement.  Mr. King states that this fits the access policy we have with TxDoT.  

Item 8 no comment.   Item 9 there has been a quick edit to make sure that ornamental salvia is not part of the K2 ban.

Items 10-11 no comments. 

Item 12 There's a discussion for the new P&Z board member (my name has come up as an addition to that board and transferred from CDBG).

And we'll be starting up in 20 minutes.

Here we go-  Council Meeting kicks off with special recognition for Frank Pillsbury of the Tournament of Heroes.  This is an association that provides a day of fishing for wounded veterans with professional fishermen on Lake Lewisville.  Frisco helped support with hotel nights.  This is the 3rd year and we had a Navy flyover, the pipe and drum corps from our firemen, and a trip for veteran's families at Hawaiian Falls.

I just looked up and noticed that the council chambers are about 80% full- lots of folks here to speak tonight.

Next up-  Lifesaving Awards for 3 of our police; officers Greg Hopper, Rick Crociata, and Shane Menz. Thanks to the police for their hard work.

We're now reviewing beer and wine sales for Western Days and the Lewisville Government Corporation non profit that the city uses to protect from liability and provide for alcohol sales at public events.  (ed-  I support this and will be speaking briefly to rebut some comments made two meetings ago against beer and wine sales at our events). 

Mayor Ueckert states that after the last meeting he had numerous citizens contact him with support for how we do Western Days.  He states that alcohol sales have been going on since 2000 and that Kip Burnette (chamber president in the 80's) that there were beer gardens in the 80's and in the 90's we had beer sales at the 'Hydrofest'.  Summer Blast events had a beer garden and it was sponsored by Sneaky Pete's.  2004 the Old Town Business Association had free beer.  In 2005 the city election for sales of beer and wine was approved by 60% and 66% of the vote for package stores.  In 2005 the OTBA sold beer that year for Western Days in a beer garden.  The same for 2006 and 2007 with requests to expand the beer garden.  In 2008 we hired an event promoter (Jerry Thompson who does events throughout the country including Grapefest).  If beer and alcohol sales don't happen he stated that our events wouldn't grow.  In 2008 and 9 we fenced the entire area so that beer and wine could be throughout the venue.  We're now doing a two day Western Days and will have beer and wine throughout.  Cinco De Mayo has been selling beer since 2006 in Old Town.

Our promoter states that the vast majority of events have beer and wine, it attracts more premium vendors and he recommended that the City be the vendor so it can capture revenue and then place that profit back into our events.  The city only gets 20% of beer sales when done by an outside vendor.  By selling it by ourselves we get 100% of the profit.  This is the big difference, we're fronting the beer cash and making 100% of the profit.

The mayor now addresses the comment that a committee of only 5 councilmen (excepting Gorena) allowed the Local Government Corporation (LGC) to fund the event so we can capture more revenue and reduce the amount of tax dollars expended on events.  The mayor now reviews how the LGC was created to be the contractual agent for Oil and Gas drilling.  (I don't understand the legal gyrations needed but cities form LGCs regularly to act as contractual and financial entities to protect the city).  The mayor reviews the board make up and how the appointments work and that Gorena wasn't even a council member when the board was restaffed each year.

The mayor reviews the executive session of the retreat from a couple months ago regarding beer sales.  According to the minutes no council member expressed an objection to beer and wine sales at Western Days.  When the 2010 Council Retreat Direction document was sent to council there was a line item to pursue direct sales of alcohol.  Staff stated that there were no council objections to beer and wine sales by council members.  This is a sound business decision by the council by trying to make the event less dependent on taxes.

Matt McCormick of the chamber is here to speak in favor of beer and wine sales at Western Days and how supportive the chamber is for having a large regional event.

Larry Smith is here to speak in favor and recalls that during the mid 90's he was the chamber executive and that Western Days was overwhelming at the time.  He speaks on the promotion of old town and that this is a great venue and would hate to see it limited.

Beth Ramsey is here to give history on the OTBA when they brought back Western Days over the past few years.  She vouches that the original plan was to always make it family friendly and to grow it so it was more than a one day event.  Part of that would be the sales of beer to help finance.  It's been thought through and everyone felt comfortable that it had to be this way for the event to grow.  You get a band and are limited to how much people can purchase and that there haven't been issues with the police either.

TJ Gilmore- Blah Blah... In support.

Steve Hill is here to ask for explanation of why this money couldn't come from the city budget and why the LGC.  The LGC was the one that offered to do this because they had the funds.  The alcohol permit has to also be with a 'non city' entity.  If the city had taken this directly they couldn't take sponsorship from beer companies.  

Mayor Gene Carey is in support and thanks the council for their work.

Alex Buck is in support as is Doug Killough, Steve and Margaret Griffin, Amanda Ferguson and Tamela Bowie (none are here to speak).

Councilman Gorena is now stating that he didn't ask the citizen to speak but is glad she did.  He has a problem with the LGC about voting on city money and that it should be by all public officials.  He states that he thinks all 6 should vote on all things (legally that can't happen).  Back in February Gorena states that since he was new he's surprised that he didn't vote and that the city shouldn't get into the business of selling alcohol.  He also just went along with the council retreat info because he was new.  He now states that the woman who spoke is a friend of his but that he didn't prompt her to speak.

The mayor is now reading a letter in support of the beer and wine sales at the event from Rebecca Behnke and that we shouldn't cripple our events.  

Councilman Tierney asks 'when does the newness stop' of Gorena.  Gorena states that even if he did vote for it he has the right to change his mind.  

Public Hearing-  An ordinance to nominate Overhead Door as a Texas Enterprise Zone Project.  This provides tax refunds to qualified businesses.  Overhead Door is growing and we are helping them achieve this refund.  Moved Seconded Approved.  Now the vote on this- Gorena is now asking Overhead Door a couple questions.  He asks for clarification of the Enterprise Zone designation.  These are zones set up by the state to focus on economically disadvantaged areas.  He now asks them if they're following legal immigration procedures for hiring.  The company does I-9 checks.  MSA Unanimously.

Visitors Citizens Forum-  Mayor Gene Carey is up and is impressed by how the council and staff juggled funds to keep the tax rate low.  He is now thanking City Attorney Ron Neiman for his 30+ years of service.  He now addresses Councilman Gorena and states Gorena needs to "work this council" a bit better.  Everyone here is good to work with and he sees dissension that bothers him.

Ron Aljo is now here to speak on Responsible Urban Drilling.  He is disappointed that the city didn't approve the staff recommended suspension of our ordinance for safety and health reasons.  He mentions that there is a new group in Lewisville who, after reviewing ordinances on 19 cities would rank Lewisville in the lower third for distances, emissions, liability, pre and post drilling analysis, emergency response, reclamation and traffic hours of operation all need to be reviewed and strengthened.  Now there are 28 permits when there were only 2 a month ago.  He asks for the council to put this pause in place.

Kyle Scott now speaks to the ordinance.  He expects that the city needs to be proactive and not just follow state and federal regs since those regulations are necessarily broad.  He expects the ordinance to be reworked to meet the following purposes:  to protect the environment, protect property holders, and minimize impact.  He now mentions benzene and discusses exposure to environmental toxins and the impact on citizens with our short distance setbacks.  Safety and sanitation of homes are part of our housing standards and we also need to review traffic and floodplain for one of the drill sites.  Operators will rise to meet the requirements.  Council shouldn't depend on industry promises.  Our ordinance has more concern with trees than toxins.  Mr. Scott requests a review and moratorium.

Carol Tomkavitch is now here is support and distributing handouts.  This is a review of 20 nearby cities and their ordinances.  In summary Lewisville has setbacks and easements significantly below the averages.  

Elgene Ferguson in support of Responsible Urban Drilling and she's giving her time to Neil Ferguson.  Lewisville council has a duty to provide at least the average distance protections, if not the best.  Ferguson quotes Gorena "we learn something new every day" and oil and gas is that same way.  He is stunned that city staff wasn't listened to on this item.  Citizen safety and welfare need to be placed ahead of any other drilling issues.  We also need pipeline ordinances strengthened and emissions controls.  If we don't demand the best operators will only do what is required.  There is also protection of the watershed that needs to be strengthened.  Baseline testing needs to be created to see if there is any impact while drilling.  There is a request to create an oil and gas board for the city.  Mr. Ferguson now reviews several ordinance changes the Lewisville Neighbors for Responsible Urban Drilling are recommending.  

Trey Araby is here in favor of a moratorium.  He is disappointed that a temporary restriction wasn't approved.  There's no rush, drillers have until the middle of 2011 according to the lease terms.  Mr Araby is on Mr Gorena's email list and hopes he's willing to learn and change his mind.  Araby states that Gorena's statements have him being willing to change ordinances and that he didn't want to increase distances 'just because'.  Araby hopes the facts presented tonight would have him change his mind.  He states that the ordinances are good and strong according to Gorena, and wonders if below average is acceptable.  Gorena categorized citizens concerns as hooplah in his email and that he needs to reconsider his stance on the moratorium.

Cindy Clark is here to thank Tierney and Thornhill for voting for the moratorium.  Ms Clark states that she has runoff concerns for where her daughter plays and is asking council to find a better way to protect us.

Robert Puver (sp) is a member of the society of petroleum engineers and has written many patents on drilling equipment.  What he sees is that this council has been receiving misrepresentations from the oil and gas industry.  From his perspective some of the factors that need to be looked at very carefully haven't happened.  The amount of drilling lawsuits should be an indicator that this needs to be reviewed.  He now lists of several technical questions that need to be asked about drilling that's not addressed in our ordinance.  

Nancy Kimbrel speaking in favor of a moratorium.  She wants to ensure this is properly conducted and that all possible environmental safeguards are in place and that Lewisville remains a great place to live.  

Consent Agenda-  approved with item 4 pulled (to be tabled) and item 5 pulled.  Item 4 is tabled MSAU.  Item 5 is the Toyota agreement covered in the workshop.  MSAU.

Item 7- Two variances for a property on 121 and Huffines.  MSAU.

Item 8-  Waiving special event fees of $2,000 for the Masonic Lodge 5k run.  MSAU.

Item 9- Ban of K2 and synthetic cannabinoids.  Durham opposes, feels it's jumping on the bandwagon and we should wait for the state ban.  MSAU.

Item 10-  Third reading to approve eliminating Term Limits on the TIRZ board. Passes.

Item 11-  Appointment of a member to the Denco Area 911 board of mangers.  The council nominates Harlan Jefferson.  MSAU.

Item 12-  Replacement of Joy Townsend on the P & Z committee.  Recommendation of TJ Gilmore to replace Ms. Townsend.  MSAU.  Yep-  you and I heard it here first.

Item 13-  Agreement with Coserv to use right of way for electric distribution.   MSAU.

Reports from staff- nothing of note.  Rudy Durham mentions school is starting, be careful on the roads, there are new start and end times.  Gorena thanks all the citizens coming out to speak and wishes they were here 9 months ago.

Mr. King thanks Mr. Neiman for his 37 years of service to the city.  Mr Neiman is retiring on the 31st of this month.  Durham, Tierney and Ueckert are now thanking Mr. Neiman for his service.  Mr. Neiman thanks the staff and council for listening to him over the years and gives credit to those around him- he only gives advice, it is up to the council to implement.

There will be a reception at the annex from 3-5pm on the 26th for Mr. Neiman.

Thank you for reading!