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HomeMy WebLinkAbout08/11/1980 City Council 0006 3 MINUTES OF THE CITY OF THE COLONY HELD ON AUGUST 11, 1980 A REGULAR SESSION of the City Council of the City of the Colony was called to order with the following members present: Richard Turner Mayor William J. Longo Councilman Linda A. Adams Councilman Norman Adeler Councilman Gary Shipman Councilman Greg Norwood Councilman and with no members absent, thus, a quorum was established. 1. BRIEFING SESSION The City Council met in the conference room at City Hall for a thirty (30) minute Briefing Session on the agenda items to be considered. No action was taken at this time. 2. APPROVAL OF MINUTES Mayor Turner moved that the minutes of the Work Session held on July 28, 1980 be approved. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None EMERGENCY ITEM - CONSIDERATION OF ESTABLISHING SATURDAY, AUGUST 30, 1980, AS WORLD RECORD DAY IN THE COLONY Mayor Turner introduced Rick Herold to brief the Council on this Emergency Item. Mr. Herold advised that this World Record Day would put the City of The Colony in the Guiness Book of World Records. He then introduced Marvin Bruner, a Colony resident, and Farmers Branch barber, that does plan to shave 140 beards within sixty (60) minutes, thus establishing a new worlds record. Mr. Bruner said that round fat faces with mustaches and long sideburns are a requirement, and that on August 23rd at Winn Dixie faces would be chosen for this event. Councilman Shipman suggested that a picture of the face that is needed be published in the paper. After further discussion of the event Councilman Shipman moved that Saturday, August 30,1980 be proclaimed as World Record Day in The Colony. Seconded by Councilman Longo, the motion was passed by the following roll call Vote: Ayes: Ail members present voted aye Noes: None 3. CONSIDERATION OF RESOLUTION CALLING PUBLIC HEARING ON THE CITY BUDGET FOR YEAR 1980/81 Mayor Turner read aloud the following Resolution: A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, PROVIDING FOR A PBULIC HEARING ON THE MUNICIPAL BUDGET FOR THE FISCAL YEAR OCTOBER 1, 1980 THROUGH SEPTEMBER 30, 1981; PROVIDING A TIME AND PLACE FOR SAID PUBLIC HEARING, TO-WIT: ON THE 25 DAY OF August, 1980, AT 8:30 O'CLOCK P.M. AT THE COLONY CITY HALL; PROVID'ING FOR NOTICE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Budget Officer of the City has heretofore on the 15 day of July. 1980 filed with the City Secretary, a GENERAL - BUDGET for the Ci-~y covering the fiscal year October 1, 1980 through September 30, 1981; NOW, THEREFORE: That in order for a public hearing on such budget, the City Council of the City hereby declares that said hearing shall take place on the 25 day of Auqust, 1980, at 8:30 o' clocl P.M. at the City Half, which said ~'~te is t--~e time required by law since the budget was filed. -1- 000654 That public notice hsall be given by publication of the hour, date and place of such hearing in one issue of the official newspaper of the City, which said publication shall be made not more than thirty (30) days nor less than ten (10) days before the date of said hearing. The necessity for holding a public hearing on the proposed budget for the next fiscal year as required by the laws of the State of Texas; requires that this resolution shall take effect immediately from and after its passage, as the law in such cases provides. Councilman Norwood moved that this Resolution be approved. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Janice Carroll, City Secretary, advised the Council that this would require republishing, as the original Notice of Hearing stated that it would be August 18th rather than August 25th. 4. RECEIVE REPORT FROM PARK AND RECREATION BOARD REPRESENTATIVES Richard Frohardt, Chairman of the Park and Recreation Board, was present to answer the Council's questions. Mayor Turner stated that he had various questions regarding activities that the Board had been involved with and would like to review applications to fill the existing vacancies. Mr. Frohardt told the Council that regarding the Fourth of July, he did recommend that the Park and Recreation Board not be responsible for this activity as it takes a great deal of time and energy to arrange. Regarding applications for appointment to the Board, he stated that the alternate Richard Haas, is willing to be appointed, however, alternate Vince Ashman would like to remain an alternate. At this time Councilman Norwood suggested they meet in close door session to discuss potential appointments to the Board. Mayor Turner then announced that in accordance with Article 6252-17, Section 2, of Vernon's Annotated Civil Statutes, the Council would then meet in clsoe door session. Upon reconvening in open session, Mayor Turner stated that the Council did not come to any decision regarding appointments and that the Council also considered Agenda item number nine, which was dealing with Municipal Court personnel and Community Development personnel, however, no action need be taken at this time. *5. CONSIDERATION OF RESOLUTION FOR OVER-65 PROPERTY TAX EXEMPTION AND DISABLED VETERAN EXEMPTION The council did idscuss the amount of the exemption to be allowed to Over-65 and how this exemption would correlate with the Disabled Veterans Over-65 Exemption. At this time, councilman Shipman moved that the attorney prepare a Resolution authorizing a $10,000.00 Over-65 Exemption which would also limit a filing for a dual exemption by an Over-65 Veteran. Councilman Adams seconded this motion. The motion was passed by the following roll call vote: Ayes: Councilman Longo Councilman Adams Councilman Shipman Councilman Norwood Noes: None Abstention: Councilman Adeler 6. CONSIDERATION OF CITIZEN REQUEST TO PROVIDE INGRESS/EGRESS TO THE ALLEY LOCATED AT BARTLETT AND MILLER DRIVES At this time councilman Shipman read aloud the following legal opinion: * See page (5). --2-- 0006 It is our opinion that the City would be liable for damages to any person who may be injured as the result of obstructions either being permitted to remain in a street or alley or placed there with the City's knowledge. Recently the Supreme Court of Texas held that the City oculd be liable in damages if it permitted brush, trees or ohter natural obstructions to remain in a street right-of-way with the City's knowledge. Under this case, if the City permitted brush to frow at an intersection and a person was injured as a result of such obstruction by the brush, the City could be held liable in damages. Councilman Longo stated that this alleyway~was constructed in a "y" due to a mistake made by Fox & Jacobs and directed that the City Manager talk with Fox and Jacobs regarding the possibility of their alleviating the situation be removing one of the "Y's". Councilman concurred with this, and stated that even if the-present barricade could possible be construed as an obstruction, and practically speaking it does not solve existing problems. Councilman Shipman then moved that the alleyway be closed and directed to City Manager for request that Fox and Jacobs work with the City on the solution to this traffic problem. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 7. DISCUSSION OF SANITATION Tom Hart advised the Council that the Municipal Utility District was under contract with Carroll Trash Service until 1981; however, Waste Management, Incorporated was interested at this time in buying out Carroll Trash Service, and will become before the MUD Board Next month regarding this matter. He requested that the City Council agree to a cost analysis study to see if it was advisable for the City to take over this service or if it was still more econimically feasible to stay with a contract. In a discussion of this item Councilman Shipman asked the status of the land fill negotiations. Mr. Gray,MUD Board member, said yes, that MUD is in negotiations for land fill and it was their respon- sibility to provide a land fill to the company providing the trash service. The Coundil concurred that this investigation and cost analysis should be conducted With the results being presented to the City Council and to the MUD Board. 8. REVIEW OF PROPOSED 1980/81 CITY BUDGET Before beginning the paCkage prioritizing process, Mr. Hart, City Manager, advised the Council that Frisco at their regular council meeting to be held on August 12, 1980 would consider a communications contract wity the City of the Colony. There followed a review and voting upon each budget package. i. Clerical - After discussion there was a tie vote regarding this approval. It was noted that this item would be discussed as a second priority. 2. Codification - This package was approved by unanimous vote of the Council. 3. File Cabinets - This package was approved by unanimous vote of the Council. 4. Fire Chief - This package was approved by unanimous vote of the Council. 5. Fire person #1 - One Councilman voted yes, four voted no on this package; it was noted this would be discussed as a second priority package. 6. Ambulance - This package was approved by unanimous vote of the Council. 7. Bumper - This package was disapproved by unanimous vote of the Council. --3-- 0006;36 8. Street Maintenance - Three Councilmembers voted for this package, three voted no; it was noted that this would be discussed as second priority package. 9. Communication - After a lengthy discussion this package was approved by a four/two vote. 10. P.O. - December - At this time the coundil discussed the hiring of three police officers and changed the hiring date. Three police officers were approved by unanimous vote of the Council, with one being hired in December, 'and two officers being hired in April, 1981 11. Park & Recreation Maintenance Package - Councilman Shipman noted that this is a must since the park grant had been approved for adequate maintenance of park land. This package was approved by a five/one vote. 12. Radar - This package was approved by unanimous vote of the Council, based upon the fact that the old radar unit would be traded in. 13. PA System - After discussion of the various uses of a portable PA System by all departments within the City the package was approved by a five/one vote. 14. Library - Councilman Adams expressed concern regarding the funding for a Library for the City as geared up for the creation of a new department. Councilman Shipman noted this is not necessarily a need of the City, but a desire of the community. The Council approved this package in a three/two vote and decided that it would be discussed as second priority package. 15. Fireperson 9's 2 and 3 - These packages were denied by an unanimous no vote. 16. Park Study - This package was denied by an unanimous no vote. ~7. Animal Control - The Council unanimously defeated the Animal Control package. Upon review of the total packages it was determined that 7.98¢ was assured to be added to the tax roll, while 9.25¢ was still under consideration. Mr. Hart requested that they prioritize the existing packages that they were concerned with at this time. 1. Fireperson - In lengthy discussion it was concurred by the Council that if three fire persons could not be hired, none should be hired in this budget year. Councilman Longo said he felt that would be a decision the Chief should have more input on. 2. Clerical - In a vote of three/two it was determined that although this was needed it was a lower priority item in this budget year. 3. Street Maintenance - Following a lengthy discussion regarding this package, Mayor Turner said he felt strongly that we would be alleviating Fox and Jacobs responsibility while only being able to assume a small amount of the required tasks to maintain the streets. Councilman Shipman said that he felt the City must start now and cannot expect Fox and Jacobs to continue to fix the city's problems Councilman Longo was primarily concerned regarding expansion joints and their repair. The Council was made aware by Mr. Hart that if this package was approved this would only give a total of only six maintenance people for the whole city and for them not to expect a complete maintenance program on the streets. He further stated, that this package was contingent on equipment being furnished by Fox and Jacobs. The Council concurred that Mr. Hart should verify that this equipment would be furnished prior to approval of the package. Councilman Longo requested Mr. Hart to check with the County, to see if they could help the City in the repair of the expansion joints and cracks and to look into the problem of storage of this equipment. Based on the contingent of these items the Council could pass this package by unanimous vote. 4. Communications - Chief Ristagno stated a communications system could make the difference between a highly profess- ional police departmetn versus a mediocre department. Mr. Hart advised that they were continuing to look into grant funding for a computer system, as well as contracts with outside agencies to absorb some of the costs. After discussion of the problems that the police are incurring and depending upon the DSO to dispatch their officers and their cars the Council approved this package by a unanimous vote. 5. Park and Recreation Maintenance - After a brief discussion this package was approved by a four/one vote. 6. PA System - After further discussion regarding uses of this PA System the alternatives of renting, the liability on damage to the system, the life of the system (which would be approximately 15 years), this package was approved by a four/one vote. 7. Library - In discussion again, Councilman Adams stated again that she was concerned with gearing up for another department when our existing departments are still so new. Councilman Longo stated that it must have the money or it cannot be started at all. After further discussion the Library package was approved by a unanimous vote. Councilman Adams then asked that the Council consider allocating $700.00 for an CPR mannequin and corresponding movie for the ongoing CPR course that is sponsored by Dr. Manning. After this review Mr. Hart told the Council that the tax rate was coming in at 44.89¢ and asked that a 1.11¢ be added for the contingency fund. The Council stated that they were comfortable with a $19,000.00 contingency and refused his request. Mr. Hart advised the Council that although Lewisville, a much larger City, maintained only a ~25,000.00 contingency, they did not have the potential for unforseen emergency that a new City as The Colony could anticipate. They also hired 200 people and simply in the turnover of those 200 people they could obtain a tremendous amount of reserves. There being no further action to be taken by the Council, Councilman Adams moved that the meeting be adjourned. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Turner adjourned the meeting at 12:00 a.m. /4~I~H~RD T~3R~, MAYOR ATTEST: J~L~CRETARY * The Council concurred only on these packages. No official action was taken. See Page 2, Item #5. --5--