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--