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    August 16th Council Meeting PDF Print E-mail
    Written by TJ Gilmore   
    Monday, 16 August 2010 22:13

    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!

     

     

     

    Last Updated on Tuesday, 17 August 2010 02:23
     
    8-16 Council Preview PDF Print E-mail
    Written by TJ Gilmore   
    Saturday, 14 August 2010 14:20

    Things of note for Monday's council meeting:

    1-  Life Saving Awards for Officers Greg Hopper, Rick Crociata, and Shane Menz

    2-  Review of Local Government Corporation Beer Sales at Western Days.  Seems there was confusion a couple weeks back about beer and wine sales at Western Days.  Kimberly McCary and John Gorena both made statements that probably will be clarified with this review.  Specifically about how the City's Local Government Corporation works and why the city has a non profit entity created to perform contract oversight for income from special events and special services (like mineral rights).

    3-  The Friends of the Library have accumulated enough funds to purchase 'The Alphabet Chair' a bronze sculpture for the children's section of the library.  They will be donating it to the city tonight.  

    4-   Approval of an Economic Development Agreement for redevelopment of the K&W automotive building into a Pizzeria. This is interesting, it includes a brownfields cleanup (grant funds that the city acquired for this building to clean up the automotive fluids contamination that could run upwards of 20,000 dollars to make the building usable again) as well as a "real and sales tax rebate" of up to a cap of $225,000 for a 10 year period.

    5-  Toyota of Lewisville intends to purchase the naming rights for Railroad Park at 150,000 per year for ten years, which is the amount the marketing consulting firm hired to develop the sponsorship program had targeted.

    6-  A rework of the Administrative Policies and Procedures section of the City Code as well as Approval of new Policy Statements.  These include HIPAA compliance, council expenses, travel expense policies, etc... after a brief read this looks to just be clarification and more detail on what the Council's Authority to Establish Policy versus the City Manager's authority to establish procedures to implement the council's will.

    7-  One minor property variance and a waiver for the Masonic 5K Run special events fees.

    8- The ordinance du jour:  Banning K2, a synthetic marijuana like substance that is sold as incense.  People are instead consuming the product to get high.  The city has already had several health related calls.

    9-  Replacement of Joy Townsend on the P & Z committee.  Thanks to Ms. Townsend for her service.

     
    City Budget Quick Notes PDF Print E-mail
    Written by TJ Gilmore   
    Monday, 09 August 2010 15:27

    One of the things I'm paranoid about is broadcasting vacation plans on the internet, so my apologies for the lull in posts.  

    This past Saturday the Council directed staff to maintain our current tax rate, which equates to a reduction in revenues for the city since property values declined.  I have the power point that was reviewed but have to convert it to add here.  I can email copies to any who request.  This document discusses the big swings and interest areas for the budget that were reviewed and is an excellent summary.

    One large concern is that the Council has yet to address Chief Kerbow's recommendations from several months ago that our Police are under staffed by up to 25 officers- including a supervisor position at our jail.

    My father worked in a state prison facility as a guard for twenty years and was seriously hurt twice in that time by inmates.  I have a personal interest in making sure our jail is safe and staffed properly, and right now we're not doing enough for our police to keep up with the city's rate of growth.  Yes this means a tax increase of some sort and I'm ok with that.

    One other point that I didn't get to make regarding Council's meeting in July was that Councilman Gorena expressed his opinion on the City's First Time Homebuyers program that he 'didn't like to see tax dollars spent on private transactions'.  Ignoring the fact that he has voted for tax abatements which are the equivalent for businesses, if structured a bit differently, Gorena also has expressed consistent encouragement of home owners and emphasized the large percentage of rental homes and apartments in Lewisville.  Eliminating a program like the first time homebuyers would lead to more rental homes and fewer homeowners in Lewisville.

    I'd hope that Gorena's statements came from reasoned thought, but unfortunately there was no other explanation for his rhetoric.  On the other hand, Councilman Watts, whom is also very conservative regarding taxes made statements that were approving of the CDBG programs and that this was a positive expenditure of government funds. 

    Last Updated on Tuesday, 10 August 2010 03:05
     
    7-19 Council Meeting Liveblog PDF Print E-mail
    Written by TJ Gilmore   
    Monday, 19 July 2010 22:55

    And we're off.  Tonight's liveblog brought to you by Sam's Club eggrolls.  I burnt my mouth but boy they're tasty.

    Super Bowl & Arts Center events discussion: 3 ideas that are unfunded for 2010-11-  

    Local events and marketing-  We've paid into the N. Tx. Host Committee (34,425 in 2008) and expect many hotel room nights and have been on the official NFL tours of the area.  We were one of the 12 Convention and Visitors Bureaus involved.   We have many hotel rooms as part of package deals through NFL Housing.  There may also be 'sanctioned' NFL events at Sneaky Petes, Circle R ranch, or the Gun Club.

    Our local committee (Chamber, City, etc...) has identified that small local events are preferable, indoor over outdoor, should be a week before the Super Bowl and include music and food.  

    They've come up with an idea for a '1969' pop culture show, cars, music, arts, fashion under the theme 'Ageless'.  The city would encourage local venues to bring in tribute bands and then the city would market the entire event.  Would run about 10K for marketing.

    Next is a Fashion and Car Show at Vista Ridge Mall.  7K expense and an attempt to get Steve Kemble from Style Network to serve as a celebrity host.

    The third idea is a 'Football Film Series' at the arts center.  This would run about 4K.  All three of these ideas can be put together or just done solo.  Priority seating for local hotel stays.

    NFL Presence Program-  We pay 6K and we can put out banners with the Super Bowl Logo helping to promote our programs.  (I don't get this, shouldn't the NFL want their logo out there?  -ed).

    Corporate Outreach- prepare info/gift baskets to Lewisville area corporations.  Encourage local corporations to consider having an activity locally for their clients.  $500.

    These could be funded out of our Hotel Occupancy Tax reserves.  The idea is to get a share of the 300M to 600M the Super Bowl is expected to bring to the region.

    The Arts Center is also asking for 25,000 for 4 concerts at the arts center to be held in the courtyard. The city would make something back on concessions and tickets.  This would be local Texas musicians.

    42K for an International Variety Series (bigger name talent).  These last two are unfunded requests in the budget to help get the arts center off the ground.  They would be funded out of reserves most likely.  

    Gorena is making a comment on the public hearing on the CDBG funding.  He sees alot of this money going to first time home buyers program and for the home repair program.  He doesn't like taxes going to private property.  King says we can spend it all on infrastructure.  Instead of spending this money on 13 houses and 5 repairs he'd rather see it spent on curbs and gutters.  (as a member of the CDBG I can give a much more detailed list and accounting later).  On social services Gorena won't say anything bad about the groups we give money too and he would like to give the CDBG to be more 'scrupulous' in who we give money too.  He's not saying we need to cut them all but we need to start cutting them off public dollars.  Gorena states it makes sense to fund those that help us save money.  Day Stay for Adults is one he feels needs to be looked at closely.  Operation Peace of Mind also has questions, CCA generates a lot of revenues and could be cut.  His goal is to wean these off the taxpayer rolls.  

    Durham asks how much of CDBG is local vs other sources.  All of the monies from CDBG are federal funded for these organizations.  We could spend that money on infrastructure instead of social services.  We are basically contracting with these not for profits for services for residents.  Gorena voted to approve the suggestion a couple weeks ago and now says he made a mistake.

    No comments on item 1.  Item 2 Gorena wants to know if there was any other facilities for the tennis courts.  It's a shared facility.  The ISD wants something for tennis.

    Item 3 No comment.

    Item 4 Mayor is a charter member of the church that the portable buildings would be purchased from.  

    Item 5- Gorena is for term limits and will vote no. 

    Item 6- Mayor is abstaining because of business with Huffines.

    Item 7-9 No comments.   Thornhill now asks about 8 and King is giving the history of the bronze and it's new consignment home here in Lewisville.  "Slicker Shy" the bronze sculpture is going to have a temporary home in old town thanks to the Business Association because the city didn't want to pay for cost of installation and removal if it gets sold.

     

    It's 7pm here we go!  We have Recognition from the Texas Comptrollers office regarding our new 'online checkbook'.  Recognition is being given to Councilman Watts for starting this process.  Lewisville received a Gold Leadership Circle Award from the Texas Comptrollers Office.

    Public Hearing on the CDBG Annual Action Plan to submit the plan to HUD.  This plan was approved unanimously on June 21 and is now being asked to forward to the Federal Government to receive our HUD funding.   Rita Williams is here to speak against the proposal to ask for grants and was able to establish her neighborhood as a reinvestment area.  She states that the sewers were redone and Milton St. has been delayed for reconstruction.  She would like to know why Milton St. was delayed when the city did fund 13 new homes in the first time homeowners program and for 5 rehabs (rehabs haven't even been implemented).  Thornhill thanks the CDBG committee and their work.  Mr. King is clarifying about Ms. Williams' comments.  The Milton project was going to be a full blown curb and gutter but when the engineers looked at it there were significant technical issues with the drainage that would potentially damage homes due to land grade.  The best option was to update the road but keep the current bar ditch drainage.  The road will be redone as soon as the project goes to bid.  

    Gorena now states that he's against the first part and that he appreciates the organizations and the board but his problem is with 'a lot of money (150K) going to the first time homebuyers program' (91 taxpaying homes have been created by this program since it's inception).  He now reviews that he doesn't like the sale of private homes using tax dollars and another 185K budgeted for home renovations to home upgrades in our low income parts of town.  He knows that a month ago he voted for it and now he's voting against it.  He has a principal of tax dollars going to private transactions.  His opinion is that fixing the streets and gutters will bring more people in.  (We've basically funded all of the curb and gutter in the low to moderate areas over the past decade).  Watts mentions that the dollars are HUD for first time home owners and for renovations and that he's in favor of those funds coming to Lewisville.  Unless you bought your house with cash then the home loan was done by the feds in some way.  Watts would prefer funds to non profits as opposed to creating a federal agency to help the poor locally.  He's going to vote for it again.  Approved Gorena against.

    Visitors forum no comments.

    Consent agenda approved.

    Item G2 LISD Variances for Tennis Court temporary shower and locker room for new HS on 3040.  Missy Elias (citizen) is here to speak not about the specific variances but believes that they should be denied.  She believes that the council needs to be aware of the quality of education that LHS is getting and that LISD is comparing LHS to inner city schools.  She believes LISD is taking the school down the wrong path and that the Council needs to ensure the ISD makes sure we have high standards.  She wants the city to form a committee to oversee the schools to ensure quality.  She also doesn't believe LHS should be spread out into 3 buildings.

    Tamela Bowie is also here to speak against the abatements and that the city should enforce their ordinances and not continuously give variances.  We shouldn't be seen as a 'pushover' city.  It's not right that we need to look at temporary buildings if the ordinance says so.  If they had prepared ahead of time this wouldn't be needed.  

    Gorena agrees with Ms Bowie but since it's 1 year he's voting for it.  Thornhill asks LISD to come forward and explain.  He asks if LHS has existing tennis facilities and if there is a separate building for tennis.  There is not at LHS.  To start the rebuild at LHS the ISD is endeavoring to relocate tennis to the 9-10 campus on 3040 since the current tennis courts are being removed for the LHS rebuild.

    Watts mentions that whether we approve or deny, the tennis courts are being moved.  If you dislike it, talk to the school board, they have the power.  Approved, Thornhill opposed.

    Item G3 Waive screening walls, reduce parking, and turning lane change for LHS rebuild.  Missy Elias and Tamela Bowie also against this.  Gorena wants to make a point that this is part of the last approval.  Now we're getting almost 300 more parking spots.  Mayor Ueckert spoke with faculty and the principal about the new facility and they're concerned that the cafeteria would be reduced in size.  He passed on the concern to the ISD staff and there will be no reduction and a very few more feet added.  Moved, Seconded, Approved Unanimously (MSAU).  King wants to make people aware that the screening wall variance was supported was because of all of the utility lines directly under that particular wall making maintenance almost impossible. 

    Item G4 Temporary Buildings for 1165 Round Grove-  (Parkway Bible Church) asking for 8-10 year variance for temporary buildings.  In workshop they mentioned that these are used buildings.  This also asks to not have a screening wall and no deceleration lane for traffic into the lot.  Mr Steve Connell(sp) is here from the church and believes they need this time frame to afford the buildings and grow the church.  Watts mentions his church is in the same pickle and is concerned by 8-10 years 'have a little faith brother'.  Watts is ok with the variance but would like it to be a shorter time and to ask for a renewal.  The buildings will be behind the church and have a stucco facade like the church.  

    Thornhill asks how old the buildings are.  Mr Connell thinks they might be 8 years old.  They are stucco facade manufactured buildings.  Gorena is glad to see a church is growing and is in favor.  MSAU (I wonder if this would have passed if it were a private business -ed).

    Item G5 Eliminating Term Limiits for the TIRZ board.  This board only meets twice a year and they are limited to 3 years (6 meetings).  Many projects take longer than 3 years for these tax reinvestment zones, creating an issue.  Our other TIRZ board has no term limit.  To encourage consistency staff felt that a no limit approach made more sense since TIRZ districts can last up to 20 years.  Board members can be removed at any time without cause and can be reappointed or not by council.  Steve Hill is here to oppose the removal of the term limit and discusses elections and that the terms of service need to be limited to provide new perspective and ideas.  He states that there's no way for citizens to remove people from the boards.  Kimberly McCary is also here and against removal of the limit.

    Watts is for it since council can pull the plug at any time.  Gorena is for term limits and believes this is wrong.  Mayor Ueckert states that he doesn't believe there are term limits on judges, state reps and senators, etc etc... and people have the right to vote without any restrictions.  Watts mentions that if you believe in limiting terms you can also choose not to run again.  Gorena agrees that people get voted in and out "they're all good people" but citizens don't get a chance to vote board members off.  Moved Seconded Approved (Term limit of this board removed) Gorena against.

    Item G6 Land Swap between Huffines development on 121 and Hebron and the City of Lewisville.   MSAU.

    Item G7 Sign Relocation for Santa Fe Realty on I-35 since they're in the right of way.  MSAU.

    Item G8  Approval of Installation of 'Slicker Shy' statue in Old Town.  It'll be in front of City Hall.  Thornhill mentions that he's not against art and that this is a really big statue, could we get it any smaller?  MSAU.

    Item G9  Receipt of the 2010-11 Budget and Consideration of Public Hearings for the budget and tax rate.   MSAU.

    Thornhill asks King to define Rollback rate vs effective tax rate.  8% threshold year over year.  If you raise the rates you can elect to roll the rate back to the prior year. Effective rate is what ever rate brings in the same amount of tax revenue this year that you received last year.  This means the rate can be higher or lower depending on values and growth. 

    Mayor wants to thank the CDBG because it's the most difficult committee to serve on (over 1000 pages of documents to review by that committee).  They do their best to make fair recommendations.  They do an excellent job.  He also mentions the 'Tournament of Heros' event on the lake last weekend with the fire department and city staff.  It was a great event and thanks go out to staff, police, and the City of Frisco.  This honors our veterans through the 'Wounded Warriors' program.  There were 30-40 professional bass fishermen here to fish with our wounded veterans. 

    And we're done for tonight, thank you! 

     

    Last Updated on Tuesday, 10 August 2010 03:00
     
    7-12 Council Liveblog PDF Print E-mail
    Written by TJ Gilmore   
    Monday, 12 July 2010 22:46

    And we're off.  Mr. King is reviewing that there have been a lot of changes in waste pickup over the past 20 years and we have a few new options available.  This is the first step in reviewing our solid waste services.  Mayor Ueckert has brought this before council because he's getting LOTS of letters about trash versus recycling and that we should incentivise recycling.  People are telling him they'd prefer twice a week recycling with once a week trash pickup.  (Interestingly enough we might also save money if we change to twice a week recycling and once a week trash).

    Mr. Baccus states that this is primarily residential but might impact commercial (apartments are commercial).  Our current agreement ends 12-31-13.  Renewal contracts are 10 years long or until the end of the landfill.  We are allowed to modify our contract up until the end of this year.  Landfill has approximately 14 to 16 years left at current volume.  Mr. Baccus is now reviewing our current waste programs including household hazardous waste, landfill drop off, etc.  The city does lose recycling carts and has to replace them at $50 each.  We lost about 200 carts last year- many from people who move and take the cart with them. 

    Apartments and commercial property are treated equally.  Waste Management bills the commercial entity directly.  Council sets the rates.  Tenants have access to recycling, landfill, and the household hazardous waste facility at no charge.  Mayor asks if we could require recycling at apartments.  We would have to change the waste ordinance and change our basic operating ordinance regarding waste.  There are a handfull of facilities that offer free recycling.  The city believes it would run between 50 and 60 cents per apartment per month to run a recycling program (150-160K total).  Trash rates would come down a bit to compensate.  The city is around 9-10% on recycling participation, some cities are as high as 20%, most in the metroplex are 12-15%.  UPDATE:  Per the city information officer I misunderstood the preceeding statistic.  It should read:  That the Percentage of our waste stream that is recycled is around 9-10%.  Recycling Participation in Lewisville is 50%, not counting Councilman Gorena's neighbors who use their recycling cart for garbage.

    Basic residential services run from 12.84 for twice a week with trash carts and once a week recycling, to 11.34 for what we currently do all the way down to 7.30 for once a week garbage and no recycling.  Trash carts are the same as recycling carts that we currently have, residents would have to purchase any additional carts. 

    There doesn't seem to be a yard waste program listed here which there should be.

    There's also a review of the household hazardous waste facility which costs the city $127,000 per year and there is $0 charged to the community.  If the city were to charge the 19,145 homeowners for this it would be $0.56 per month.  There are another 19,000 apartment units which would further reduce this cost.  We could also go with a curbside collection program with a hazardous bag at each home that are then collected.  This would run $1 per month per customer.  The slide mentions that this would be a police nightmare what with pharmaceuticals, paint and other chemicals.

    A yard waste program would run $1.70 per month to be collected weekly.  There would be no return of the mulch to the citizens and clippings would have to be either loose in a trashbag or in a paper container bag.  We could negotiate the mulch side according to Mr. Baccus.

    Dumpster in a Bag program is next up.  Debris collection for home improvement projects.  It's basically a 3 cubic yard disposable bag that you could purchase at Home Depot.  You wouldn't need to rent a 20 yard dumpster for a small home project.  This would run $153 per 3 yard bag picked up.  The bag itself would be $30. 

    Staff likes garbage staying at 2 collections per week and increases recycling to once a week.  The #2 option would be once a week garbage and once a week recycling.  We do increase our revenue from recycling (the city earns about $60,000 per year on recycling) with either program.  The experts believe that you will increase your recycling if you reduce garbage pickup per Mr. Baccus.  In the metroplex about 75% of trash is recyclable.  FYI a second recycling cart costs you $1.97 per month plus the cost of the cart.  Gorena notices that in his neighborhood they use the recycler for regular trash.  He wants to know about the numbers on that.  He also wants to see if we could start some type of apartment recycling program since it's 1/2 our household total.  Waste Management does report recycling containers not being used for recycling.  Gorena states that they're collected in his neighborhood and not left as Mr. Baccus states. 

    The council is interested in exploring a different program.  We'll post the options later this week.  Tierney likes the twice a week trash, once a week recycling.  Durham states that this isn't the first time the city has discussed this and states that if you really want recycling crank up the trash pick up rate. 

    Call your council if you want to give input since they're going to be reviewing the pickup options over the next couple of weeks.

    Now we're reviewing the rest of the agenda.  Gorena has questions on item 2 and didn't realize it was a change order.  No comments on items 3-10.

    Council meeting in 15 minutes.  Chesapeake is here to speak on the oil and gas suspension.

    Proclamations:  July is "Recreation and Parks" month. 

    Presentations:   Xtreme Response Camp recieves an Innovation in Programming Award.  New board and commission members are receiving their oaths and certificates  and outgoing board members are receiving plaques of appreciation.

    Item E:  Moving funds in CDBG to align with Housing and Urban Development rules (This author's committee).  Moved Seconded Approved Unanimously (MSAU).

    Item F:   Visitors Forum, no public comment.

    Item G:  Consent Agenda  MSAU.

    Item H 7:  Sign Variances for a new lit monument sign for the Medical Center.  This would be a 13 ft tall sign along the I-35 frontage.  MSAU.

    Item H 8:  Temporary alcohol consumption for the Texas Firefighters Olympics in LL Woods, Lakeside, and Railroad parks.  No sales, but BYOB.  Thornhill asks if we had alcohol at the last olympics and the answer is yes.  MSAU.

    Item H 9:  Brownfields program for 102 S. Mill.  This would allow city staff to research spending grant moneys to remediate 102 S. Mill as part of the EPA program.  MSAU.

    Item H 10:  Temporary suspension of oil and gas permitting in Lewisville.  I've signed up to speak in favor of this since I believe our ordinances on emissions are currently weak.  This has been brought up by Tierney and Thornhill.  This would give the city 120 days to review the current ordinances and strengthen them or leave them.  First up to speak is Mercedes Bolin from Chesapeake as well as John Satterfield (director of regulatory and environmental affairs) with a presentation on oil and gas.

    He begins with the responsibility to provide clean energy for the country.  He is now addressing the emissions headlines across the region regarding emissions.  He states that Benzene is already here and ubiquitous (but at increased volumes is it still ok?  Emissions of many other types of VOC's happen, not just Benzene.  -ed)  He states that there have been emissions issues and that the EPA, TCEQ and Chesapeake are all looking at the issues. 

    He now reviews some monitoring and TCEQ reviews, stating the quantities and that at the majority of the sites emissions were below 'immediate concern'.  He's now mentioning that there is plenty of evaluation going on.  He now shows how Benzene levels are down and gas production is up.  He has now exceeded his 5 minutes.  Ms. Bolin now gives her 5 minutes to him.  Mr. Satterfield now reveiws background benzene levels of major cities and how we're on the low side.  He mentions that most emissions of benzene are from traffic. 

    There are elevated levels around the metroplex but they're minute according to Mr. Satterfield and that there is no cause for immediate concern.  (why do people have to add 'immediate' to these statements? -ed).  There as been a permanent air monitoring station slated for Flower Mound.  He now states that since Chesapeake is a tax payer they have equal voice in this discussion.  He now shows a slide of the value of wells.  $159 Million for 12 wells in total economic impact.  (Sure seems like they could pay more to property owners if that's the case.  -ed)

    Next up Debra Medina from the Williams Corporation.  She is now talking about William's safety record and that they utilize the latest technology to go above and beyond the necessary rules from the TCEQ for monitoring.  Williams hopes to begin drilling this year.  They emailed a letter to the council earlier today (which wasn't read during workshop).  Williams believes the suspension is supurfuluous. 

    Lucas Smith is also here from Williams as their environmental specialists.  He states that their greenhouse gas reduction program helps provide safer air for employees.  They also work with Flower Mound to ensure they're drilling responsibly.  They check urban wells for emissions more than rural since they have more risk in urban centers.  These initiatives are so Williams can work safely with cities.

    Tierney asks what Williams is doing that's above and beyond.  They mention they want to do these increased capture technologies so they can make more money and make things safer.  Tierney asks if those things should be done for other drillers?  Lucas states that this would make it better and safer.

    Gorena mentions scare tactics from Flower Mound and wants to know the reason for the scare tactics and concern in Flower Mound.  Was there any evidence for problems in Flower Mound?  Lucas states that his specific sites are just fine. 

    Ueckert wants to know if your ordinances require IR cameras.  Staff doesn't believe so.

    Mr Cobb is now speaking in opposition.  He has leased to Williams and has worked in oil and gas and believes they will be safe and go above and beyond. 

    I spoke first.... blah blah. 

    Mr. Ferguson in favor of the moratorium from Holly Lane.  The gas will be there months and years from now.  There's no reason to rush anything.  The city doesn't lose anything.  Mr Ferguson enjoys the quality of life provided here and wants to make sure we don't sell it out on short notice.  Mr. Ferguson states that a restaurant wouldn't go next to his home, but a gas well can be placed there.  If you want to put it in an industrial area that's great but not in the middle of the city.

    Mr. Southwell in favor of the moratorium.  He wants state that he's glad the industry is here and that not all operators are as conscientious as the two companies here tonight.  This isn't about politics, it's about making sure this is done right.  Facts:  natural gas is not oil.  We don't have a natural gas problem like we have an oil problem.  95% of our gas comes from N. America 85% from the US.  Increasing gas supply doesn't change oil demand.  Prices now aren't very compelling either.  He states that if we do have a problem, it's going to most likely be slow contamination and property value erosion.  The benefits- not many.  He believes caution and planning ahead are the order of the day.  He believes we can do this right with a clean conscience.

    Ms Cora Bell in favor.  She has a drill 600 ft from her house in Corinth.  She states that things changed and that there is now a moratorium in Corinth.  Do our ordinances have all of the proper restrictions?  These companies have the money to drill right and they should.  The Barnett has been here for a long time, it will still be here.  We need to make these gas companies accountable and it is the council's duty to make sure it's done right.

    Mr. Tim Hillary in opposition. experts have stated that there haven't been any increases in benzene.  He's signed contracts and wants to know what 120 days is going to buy the city.  Why wait?

    Mr. Steve Hill  in opposition, he compares this to the federal moratorium and we need to support local drilling.

    <Return after running out of batteries on the new laptop>

    To summarize about 40 minutes of discussion- all of our councilmen see no issues with reviewing the current ordinance.  It comes down to whether there was enough to warrant a moratorium.  Tierney, Thornhill and non-voting Ueckert were for, Gorena, Watts and Durham against the moratorium.  There will be some ideas pitched to the council over the next few weeks to strengthen the ordinance, it will be interesting to see what follow through comes of it.

    Now that the gas companies see that Lewisville is interested in reviewing the rules, we'll see if there is an influx of permit requests under the current ordinance.

    Thanks for reading! 

     

    Last Updated on Tuesday, 10 August 2010 03:00
     
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