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HomeMy WebLinkAbout05/19/1980 City Council 000603 CITY OF THE COLONY DENTON COUNTY, TEXAS MAY 19, 1980 A RK~JLAR MEETING of the City Council for the City of The Colony was called to order with the following members present: Richard Turner Mayor William J. Longo Councilmember Gary Shipman Councilmember Chris Fabian Councilmember and with Councilman Linda Adams absent; however, a quorum was present. 1. ADMINIST[R OATH OF OFFICE FOR COUNCILMAN, PLACE 5 Mayor Turner administered to Greg Norwood, the oath of office to serve the two year term as Councilman, Place 5 for the City of The Colony. At this time Councilman Norwood took his place at the table and was congratulated by former Councilman Chris Fabian. 2. APPROVAL OF MINUTES Councilman Adeler asked that it be corrected in the minutes of May 12, 1980 that Sandra Shearer's name be deleted as one of those present and his name inserted. Councilman Shit~nan moved that the minutes of April 28, May 5 and May 12 be approved with that correction. It was seconded by Councilman Longo and passed by the following roll call vote: Ayes: All members present voted aye Noes: None 3. CONSIDERATION OF COUNCIL ELECTION OF MAYOR PRO TKM Councilman Greg Norwood nominated Councilman Gary Shit~nan for Mayor Pro Tem. There being no further discussion, Councilman Longo moved to close the nominations and elect Councilman Shipman as Mayor Pro Tern. Councilman Norwood seconded this motion. The motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 4. RECEIVE INFORMATION REGAPdDING PUBLIC LIBRARIES Mr. Walt Wilson of the "Lewisville Leader" presented to the City Council information regarding the establishment of a public library. Accepting for the Council, Councilman Longo thanked Mr. Wilson for this information and his interest in the cc~anunity's well-being. Councilman Longo then advised the Council that in a Municipal Utilities District Board meeting, the motion was approved to give or lease the District's office trailer to the City to be used as a library contingent upon its legality. However, their attorney stated that this is not legal. Councilman Longo did assure the members of the audience that a facility would be procured. 5. PRESENTATION OF PLAQUES OF APPRECIATION Mayor Turner asked that Former Councilmembers Sandra Shearer and Christopher Fabian step forward. At this time he stated that it was with great pleasure that he present, on behalf of the Council, plaques expressing the City's appreication for their service to The Colony in the past years. At this time, Mayor Turner announced that he had a third plaque to present and called Councilman Bill Longo forward. He presented to Councilman Longo, a "Mayor's plaque" co~nending him on his donations to the City during his term as Mayor from April, 1978 to April, 1979. O00G08 6. ~ITION OF JOHN DAVENPORT, FIRST EAGLE SCOUT OF THE COLONY Mayor Turner introduced to the Council and members of the audience, John Davenport, the first Colony youth to receive the Boy Scouts of America Eagle Badge. He presented to John a certificate from the City honoring him as an outstanding member of our conm~mity. 7. RECEIVE PRESENTATION FROM CAMPFIRE GIRLS, "KI-NUN-KA-CU-WA". Mayor Turner introduced Ronnie Gorzinsky, leader of the Ki-Nun-Ka_Cu-Wa Camp Fire Girls group in The Colony. The Camp fire girls came forward, who were: Kim Hohanson Theresa Gorzinsky Shannon Noah Jennie May Kim Carruthers ~Rho.nd.a~. ~L~aymon Lisa Berrath Lisa Lamp Valerie Longo monl wl±-lams Michele Murrah The group presented to the Council two decorated trash cans to be used in our new public parks to aid in the beautification of our City. 8. RECEIVE PRESEN~FATION FROM %HE COLONY VFW POST REGARDING LOYALTY DAY AWARDS Con~nander Rombach of the FVW Post #962 presented to Danny Saenz the Fireman of The Year award. Mayor Turner accepted the Policeman of the Year award for Chief Nicholas Ristagno. 9. CONSIDERATION OF PROCLAI_NtING %HE NASH/JiI~NINGS PARK SITE AS "COLONY LIONS CLUB PARK" Councilman Norwood advised the Council that the Lions Club Organization did favor naming the Nash/Jennings Park, "Lions Club Park" if the Council so desired. Regarding the planning of the park, he advised the Council that a concept drawing had been completed and speaking for the Lions Club, he felt sure that they would live up to the responsi- bility bestowed upon them by the City to maintain and develop this park site. He also stated that he would like to thank the other citizens that have also contributed a great deal of time and money in the develot~nent of this park area. Councilman Shit~nan moved that-~he Nash/Jennings park site, containing 7.3 acres, be named "Colony Lions Club Park." Seconded by Councilman Longo, the motion w~s passed by the following roll call vote: Ayes: All members present voted aye Noes: None 10. CONSIDERATION OF SECOND READING OF ORDINANCE ESTABLISHING RATE FOR TEXAS POWER & LIGHT City Manager, Tom Hart, read aloud the following captioned ordinance: AN ORDINANCE OF %HE CITY OF %HE COLONY, TEXA~, APPROVING RATE SCHEDULES TO BE CHARGED BY TEXAS POWER AND LIGHT COMPANY IN THE CITY OF THE COLONY; PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE SCHEDIILES, AND PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN. Councilman Shipman moved to approve the second reading of this ordinance establishing a utility rate to be used by Texas Power and Light. The motion was seconded by Councilman Norwood. Mr. Hart then advised the Council that Texas Power and Light would post bond with the Public Utilities Conmission and said b~ndwilt be effective May 27. There being no further discussion, Mayor Turner called for a vote on the motion on the floor. The motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None Mr. Boyd Williams of Texas Power and Light advised the Council, at this time, that they would receive a notice of appeal on this rate. Prior to proceeding with Agenda Item #11, Janice Carroll, City Secretary, advised them that a recess must be called and that the Council must reconvene in a separate meeting while acting as the Board of Admustment for the City. Councilman Longo moved that the Regular Meeting of the City Council be recessed in order for the Board of Admustment meeting to take place. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 2 00060zi Councilman Shipman n~ved to reconvene for the Regular Meeting of the City Council. Seconded by Councilman Norwood, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 12. ~ONSIDERATION OF FINAL PLAT #31 Tom Cravens presented to the Council, Subdivision Plat #31 for their review and study. He advised the Council that this final plat had been approved by the Planning and Zoning Cc~amission at their Regular Meeting held June 3. Councilman Shipman asked if this plat provided the ability for the construction of an access to Wagner Drive, if needed at a later date. Mr. Cravens assured the Council that this could be done. He also told them that Fox and Jacobs plans on beginning construction in July. Councilman Norwood moved to approve Final Subdivision Plat #31. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 13. OONSIDERATION OF PROTEST TO PRESIDENT CARTER'S WII~HDRAWAL OF LEAA FUNDS Mr. Hart advised the Council that this Agenda item was added at the request of Councilman Longo and agreed to by Chief Ristagno. Mr. Hart added that he also recommended that a letter of protest be send to President Carter regarding this budget curtailment of funds to the Law Enforcement Agency Association. Mr. Hart advised that the City of The Colony now is funding a Juvenile Officer through a grant administered by this Association; and, this agency provides numerous educational seminars for police officers. In a young Department, this is imperative to the proper training of all officers. Councilman Longo moved that a letter of protest be sent to President Carter and that a copy of this letter be forwarded to Governor Clements. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 14. RECEIVE M. U.D. REPORT It was noted that Mud Board Member, Sandra Shearer, had presented to the Council a written M.U.D. report. M.U.D. Board Member, Wes Gray, orally advised the Council that the new well should be pumping this week and that the water is acceptable; the Board did approve Dr. Fazlani's annexation into the Utility District; and the District was continuing negotiations with Dallas for a water supply. 15. CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING ~HE COMPREHENSIVE ZONING ORDINANCE FROM SINGLE FAMILY TO NEIGHBORHOOD SERVICE ON A .499 ACRE LAND TRACT LOCATED ON CAMEY ROAD Mr. Hart advised the Council that the staff had been working with Dr. Fazlani and that he was coming into the M.U.D. District which was a concern of the Council. However, Mr. Hart emphasized, that his inclusion into the District should not influence the zoning of this property. At this time Mayor Turner read aloud the following ordinance: AN ORDINANCE OF THE CITY OF !74E COLONY, TEXAS, AMENDING ~ COMPRtZIENSIVE ZONING ORDINANCE OF I~E CITY OF THE COLONY SO AS TO CHANGE 7HE PROPERTY DESCRIBED HEREIN TO "NS" NEIGHBORHOOD SERVICE CLASSIFICATION; PROVIDING FOR THE AMENDMEhYf OF ~HE ZONING DISTRICT MAP; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUME OF TNO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE Councilman Shipman moved to approve the second reading of this ordinance. The motion was seconded by Councilman Norwood. Councilman Longo then asked Mr. Hart to clarify the services that are provided to this land. Mr. Hart explained that, legally, the City has three years to provide services to an annexed property; City services are generally defined as follows: police protection, fire and ambulance service and code enforcement. 3 000605 Mayor Turner then called for a vote on the motion on the floor. The motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 16. CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE FROM SINGLE FAMILY TO DUPLEX CLASSIFICATION ON APPROXIMATELY 72 LOTS LOCATED IN Mayor Turner read aloud the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE COMPREHS~SIVE ZONING ORDINANCE OF ~ CITY OF ~ COLONY SO AS TO CHANGE THE PROPERTY DESCRIBED AS LOTS 1 THROUGH 21, BLOCK 168, LOTS 1 THROUGH 36, BLOCK 169, AND LOTS 1 THROUGH 15, BLOCK 170 OF THE COLONY NUMBER 23 SUBDIVISION, AN ADDITION TO THE CITY OF THE COLONY, TEXAS, TO "D" DUPLEX DW~.i,ING DISTRICT CLASSIFICATION: PROVIDING FOR ~ AMENEMENT OF THE ZONING DISTRICT MAP; PROVIDING FOR A PENALTY OF FINE NOT TO EXCF. ED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR FACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Longo mov~ to approve the second reading of this ordinance. Seconded by Councilman Shi~nan, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes; None 17. PUBLIC HEARING: ANNEXATION OF THREE LAND TRACTS, SAID TRACTS BEING LOCATED IN THE NORTHEAST QUADRAiXrf OF 5HE CITY AND ~ FAR SOUTHWEST QUADRANT AT THE INTERSECTION , OF STATE HIGHWAY 121 AND FM 423 Councilman Norwood moved that the public hearing regarding the annexation of three land tracts into the City be opened. Seconded by Councilman Shi~nan, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None Jam/ce Carroll, City Secretary, further advised the Council that this annexation procedure was initiated at the recommendation of Rob Dillard, Attorney for the City. These three tracts were annexed along with two other land tracts on Stewart's Creek Peninsula by City Ordinance #88. Ordinance ~88 or~nitted, by clerical error, the "Be it ordained . . "phrase. This o~mission could possibly invalidate the ordinance. Mrs. Carroll further advised that the attorney did not rec~q~end re-ar~nex~tion of the two land tracts located on Stewart Creek Peninsula as they are presently involved in the litigation with the town of Eastvale. Councilman Longo stated that he felt the omission of the two land tracts on Stewart Creek Peninsula was an admission of guilt by the City. Mr. Hart advised the Council that he in no way saw this procedure in that light. It is a technicality with boundary adjustment agreements involved. Councilman Shipman stated that he did agree that we should secure the three land tracts but back off the other two parcels as the City does not want to appear as "land grabbers". There were no con~nents from the audience for or against this annexation. Councilman Norwood then moved to close the public hearing. Seconded by Councilman Shi~nan the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 18. CONSIDERATION OF AMENDMENT TO PERSONNEL MANUAL Mr. Hart advised the Council that he and Chief Ristagno were concerned with Officer Nicky Nix as he is a relatively new employee and has not accrued adequate sick time or vacation time to carry him through the injuries he sustained in the line of duty. Mr. Hart asked that the Council refer to a memorandum in their packet regarding a survey 000606 taken of other cities and the policies regarding pay to disabled employees. Based upon this survey, Mr. Hart recommended that the personnel manual be amended to reflect that employees be paid regular salary from 90 days, if disabled i and further salary compensation after this time period would be up to the discretion of the Council. Councilman Adeler stated that he preferred sixty days rather than the 90 days. The Council concurred. Councilman Longo moved that the City of The Colony's Personnel Manual be amended to reflect the following: SECTION 3. "SICK LEAVE" I. Any employee sustaining an on the job injury shall receive full pay for a period not to exceed sixty (60) days upon cc~pletion of this sixty day period, the City Council shall review and determine future compensation for said employee. While receiving full salary from the City, said employee shall sign over to the City, all Worker's Compensation disability checks received, if any. This motion was seconded by Councilman Adeler and passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 19. CONSIDERATION OF ESTABLISHING COUNCIL WORKSHOP ON MAY 28 AND JUNE 3 REGULAR MEETINGS Councilman Longo requested holding this retreat on Sunday, June 8, within the City limits. There followed a brief discussion regarding facilities within the City. Wes Gray stated that he would check to see if the M.U.D. office building would be available for the Sunday meeting. Councilman Norwood emphasized that this n~eting must be conducted in a place where the Council would be able to give their total attention to the learning process. It was noted that reservations had been made at the Holiday Inn on Highway 114 but other facilities would be investigated before confirmation at Holiday Inn. Regarding .Upcoming meetings, the Council discussed the need for a May 28 Work Session and the re-scheduling of the regular meeting normally to be held on June 2. Mrs. Carroll advised them that it would be necessary to reschedule the regular meeting as the majority of the council would be at the conference for Mayors and City Council in Brownsville. After discussion, Councilman Longo moved that the May 28 work session be cancelled. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None Councilman Longo then made a second motion that the Regular Meeting of June 2, 1980 be re- scheduled for Thursday, June 5, 1980 at 8:30 P.M. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 20. CONSIDERATION OF SECOND READING OF ORDINANCE AUTHORIZING CITY MANAGER TO ENTER INTO CONTRACT FOR ONE ANIMAL SHELTER Mr. Hart read aloud the foll-o~ing captioned ordinance: AN ORDINANCE OF THE CITY OF YHE COLONY, TEXAS, AUTHORIZING THE CITY "MANAGER TO ENTER INTO A CONTARC~ ON BEHALF OF ~ CITY WIYH A GENERAL OONTRACrOR FOR ~ CONSTRUCTION OF AN ANIMAL SHELTER' AYTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; AND PROVII/qG AN EFFECTIVE DATE Councilman Shipman moved to approve the second reading of this ordinance. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 21. CONSIDERATION OF FIRST READING OF ENTERTAINMENT ORDINANCE Mr. Hart read aloud, in its entirety, the following captioned ordinance: AN ORDINANCE OF THE CITY OF %~E COLONY PROVIDING DEFINITIONS; PROVIDING SUPERVISION, CONTROLLING LICENSING OF OWNERS AND OPERATORS OF BIr,I.AIRD TABLES AND/OR COIN OPERATED AMUSEMENT DEVICES; PROVIDING A PENALTY OF NOT MORE THAN $200.00 FOR EACH VIOLATION; PROVIDING FOR ANNUAL OCCUPATION TAX OF $6.00 PER TABLE AND/OR COIN OEPRATED AMUSSMENT DEVICE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. The Council asked that the age limit mentioned in Section 13 of this ordinance be __ clarified with the attorney. Councilman Shipman moved that the ordinance be approved upon first reading. Seconded by Councilman Norwood, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 22. CONSIDERATION OF ACCEPTANCE OF TRACTOR BIDS AND FIRST READING OF AUTHORIZATION ORDINANCE Mr. Hart recommended that the Council accept the bid received frcm Trinity Equipment Ccmpany for the purchase of one Jo!m Deer tractor for the sum of $6,864.00. Mr. Hart advised that this tractor was budgeted in the 1979/1980 budget for the sum of $8,000. Other bids received were as follows: Ben Griffin Tractor Company $8,056.51 Dentex for Tractor, Inc. 6,565.69 McKinney Tractor & Equipment Company 7,342.60 Councilman Norwood asked why there was a substantial difference in the cost. Mr. Bradburry advised that John Deer manufactured a smaller tractor that fit the specifications of this bid. After further discussion, Councilman Shipman moved that the bids be accepted and -- awarded to Trinity Equipment Company. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Turner then read aloud, in its entirety, the following captioned ordinance: AN ORDINANCE OF ~ CITY OF THE COLONY, TEXAS, AUTHORIZING 5HE CITY MANAGER TO ENTER INTO CONTRACT ON B~43YLF OF YHE CITY WITH AN EQUIPMENT COMPANY FOR ~ PURCHASE OF ONE JOHN DEER (~1050) TRACIDR; AYTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE Councilman Shipman moved that this ordinance be approved upon first reading. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 23. CONSIDERATION OF RETI~ SYSTEM OFFERED BY TEXAS MUNICIPAL RETIPd~/V~ SYSTKMS FOR CITY ~PLOYEES Mr. Hart introduced Gary Anderson, a representative of the Texas Municipal Retire- -- ment System. Mr. Hart advised the Council that this was a first in a series of presenta- tions to them regardinq a retirement package for City employees. Mr. Anderson briefed the Council regarding the background of the TMRS System; its benefits offered to City employees and cost to the City to implement the system. After a brief discussion, Councilman Longo requested that a confidential memorandum be sent to all employees regarding their opinions on retirement systems. Mr. Anderson told the Council he would send them additional information regarding the "buy-back" option for employees that have previously been in this retiren~nt system. 6 000608 There being no further action to be taken by the Council, Councilman Shipman moved to adjourn the meeting. Seconded by Councilman Norwood, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Turner adjourned the meeting at 11:10 P.M. ATTEST: SECRETARY \ JANI