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HomeMy WebLinkAbout06/08/1981 City Council 000879 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON JUNE 8, 1981 A WORK SESSION of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. with the following members present: Richard Turner Mayor Scott North Councilman Freeman Upchurch Councilman Norman Adeler Councilman Gary Shipman Councilman and with no members absent; thus, a quorum was established. 1. RECEIVE CITIZEN INPUT Mrs. L. Wright: She was concerned about a situation involving her neighbors directly across the alley from her house at 5425 Slay. This family moved in around six or eight weeks ago, and during this entire time, they have been throwing trash over their privacy fence into the alleyway, including two mattresses and a set of springs. Weeds had grown up around this area, and it had become a health hazard due to rats infesting the mattress. (Mr. I. R. Bradburry had checked this today and the city picked up this trash.) Mrs. Wright was advised that when a situation such as this occurs, she can file a complaint in our municipal court against the neighbor in question. Mr. Tom Forrest, Director of the Municipal Utility District, was present at this time and clarified for Mrs. Wright what his district could and could not do. He stated that if there was a problem with trash service, the utility district could handle it; however, they do not have the authority to force anyone to pick up their trash or have it picked up. Mr. Bob Hauck: He was concerned about the recent municipal election and runoff; specifically Place 5 and Mr. Dave Brown. He stated that he felt the voters had been seriously misled about Mr. Brown's intentions. He felt that the fact that Mr. Brown moved from The Colony within two weeks after being elected to this place showed that he had never intended to serve out this term, and he wished to know if there was any legal way that this type of situation could be prevented in the future. Mr. Rob Dillard, city attorney, was present, and stated that he could see no legal way that this could be prevented. Before moving to the next agenda item, Councilman Adeler mentioned a telephone call that he received concerning the television cable company causing damages in alleys and whether or not they were going to be res- ponsible for repairing these damages. Janice Carroll mentioned that CATV is scheduled to be on the agenda for June 15, and they could be questioned about this at that time. 2. RECEIVE REQUEST FROM MUNICIPAL UTILITY DISTRICT REGARDING ENFORCEMENT PROCEDURES AND DISCUSSION OF GARBAGE CONTRACT Mr. Tom Forrest was at the meeting to present this request. He explained that the utility district has an ordinance concerning emergency rationing of water when needed, and that they can call the Denton County Sheriff when necessary to help with enforcement. He was interested in an inter- local agreement which would allow The Colony Police Department to also enforce these rules and regulations and also allow the fines to be handled through The Colony's municipal court. Councilman North asked Mr. Forrest if there was still to be a new water line providing The Colony with Dallas water and if this would not take care of any water shortages. Mr. Forrest replied that it would be the spring of 1983 before this line was in and also that emergencies can also occur because of major breaks in lines and not just because of shortages. Councilman Shipman was concerned -1- O0088O about the portion of the utility district outside The Colony's city limits and also about the possibility of a lawsuit arising from someone's fine or arrest due to non-compliance with these rules; he wanted to know if MUD would stand behind The Colony in this type of situation. Mr. Forrest replied that the only utility user outside the city was the Southwestern Bell building, and he did not expect to have any problem with them. As to the possibility of a lawsuit, he said that it was certainly his feeling that MUD should stand behind the city if anything like this should occur. Councilman Shipman said that he felt that the city wanted to cooperate in any way they could with MUD. Mr. Dillard stated that the municipal court would definitely need certified copies of these ordinances, so that we would know exactly what we were trying to enforce. Mayor Turner stated ~-~ that this would be discussed further next week. Regarding the garbage contract, Janice Carroll stated that we needed to have something to look at by next week and she asked the Council if they had any questions for Mr. Forrest on this. Councilman Shipman wanted to know when the bid process needed to start. Mr. Forrest said that this should be started by the next meeting, as the utility district needs to have six months prior to expiration of the current contract. Councilman North wanted to know if the city could require a performance bond or franchise fee if we take this over. Mr. Forrest stated that it was his understanding that a city could do this whereas the utility district cannot. Mr. Forrest stated that this would be a good way for the city to obtain money which could be used for upkeep of streets and alleys which are given hard use by these large trucks. 3. DISCUSSION OF TRAFFIC CONTROL ON MILLER DRIVE Janice Carroll introduced Mike Cummings, Traffic Administrator, at this time; Mrs. Carroll then read a memo from Police Chief Nick Ristagno regarding a traffic study which had been done. Councilman Adeler brought up the fact that at the intersection of Miller and Strickland there is a bad situation whenever the soccer practice fields are in use due to the number of cars parking along the streets. There was then general discussion concerning how to handle the stop-sign situation at Miller Drive and Strickland, and Mayor Turner requested Mr. Cummings' input on this. Mr. Cummings stated that there is a state code, which establishes standards that should be followed. He does not think that by the accepted standards this intersection justifies a four-way stop at this time using the figures from a previous traffic survey. Mayor Turner wished to know if there would be any problem with putting in a four-way stop at this intersection, even though the numbers did not justify it. Mr. Cummings was not sure about this point. This situation will be checked into and a final decision made next week. Regarding the barricaded alley at Miller and Bartlett, Janice Carroll recommended switching the stop sign on Bartlett to Miller and taking down this barricade. Rob Dillard stated that the barricade should not ever have been erected in the first place, as this is a public right-of- way and, as such, cannot legally be blocked. He said the only way to do this would be to condemn the alley and block it permanently. Mayor Turner stated that this situation would also be decided at next week's meeting, after being looked into by staff. 4. RECEIVE STAFF AND COUNCIL SEMINAR REPORTS A. FINANCE B. FIRE C. COUNCIL Jane Barton, Financial Assistant, gave a report on a seminar she attended in Lubbock for four days. Fire Chief Ronnie Gothard reported on the National Fire School which he attended in Maryland for two weeks. Then Councilmen Adeler and North gave a report on a seminar they attended in ~ Austin May 31-June 2, which included special sessions for new council " members as well as specialized sessions for more experienced members. -2- 000881 At this time, before moving to the next agenda item, Mayor Turner announced to the Council and members of the audience that a call had just been received from Mr. Dan Savage, Assistant City Manager, Baytown,Texas, accepting the position of city manager in The Colony. Mr. Savage will be here Monday, July 6. 5. DISCUSSION OF STREET LIGHTING Mr. I. R. Bradburry, Director of Community Development, was present to discuss this situation with the Council, and he had also submitted a memo to them. Texas Power and Light's engineers have informed Mr. Brad- burry that it would cost approximately $700 to $750 to install one street light between the 5100 block and 5200 block of Ragan, and they are not sure that one light would be sufficient to light up this area due to the curve combined with a low spot. The second light would be cheaper because the wiring would already be in place. Councilman Adeler was concerned about buying one light and then having to turn around and purchase another one later. Mr. Bradburry reminded him that the second light, if needed, would be cheaper. It was Mr. Bradburry's suggestion to include two lights for this area in next year's budget. Councilman Shipman advised the staff to get the total cost and bring back to the Council. Regarding the street light requested on Tucker Street, Mr. Bradburry recommended that the Council not approve this purchase, as this street is only 700 feet long with lights on both ends. This is a standard lighting distance for The Colony. Janice Carroll stated she would write a letter to the citizen who had requested this light explaining the Council's reasoning. 6. DISC USSION OF PROCEDURE ON FENCE CONSTRUCTION VARIANCE REQUESTS Mr. I. R. Bradburry requested that this item be placed on the agenda, as he was concerned about individuals starting construction of fences not in compliance with our ordinance, and then requesting a variance. He said that at the time a permit is issued, the person obtaining the permit is always given the necessary information concerning our regulations; therefore, he felt there was no excuse for a variance ever being requested in this manner. 7. DISCUSSION OF LIGHTING ON PROPOSED ATHLETIC FIELDS Mr. Rick Herold, Director of Parks & Recreation, was present to brief the Council on this. Mr. Richard Ortega, a Colony resident, has offered the department the lights which have been used at Friendly Park north of The Colony. These lights are two years old. Mr. Herold has contacted several people regarding the situation and has found that new lights run from $6,000 to $10,000 per pole. He has also been advised that when purchasing used lights, he should make sure of the condition of the lights, wiring and poles. Mr. Ortega has asked for $8,000 for the lights he is offering, and one quote to move the lights was $1,500. This will have to be a bid item, and the funds will come out of bond money. This item will be on the agenda for June 15. 8. DISCUSSION OF REVISION OF DENTON COUNTY AMBULANCE CONTRACT AND CORRESPONDING CONTRACTS Fire Chief Ronnie Gothard was present to brief the Council on this item. Mr. Gothard had had a call from Mr. John Maxwell, Civil Defense and Ambu- lance Coordinator for Denton County, about a meeting which was held while he was at the National Fire Academy. The meeting was for all providers of ambulance service within the boundaries of Denton County, and they discussed areas of responsibility. These areas remained basically the same; however, there was a consensus to approach Denton County about raising the funds paid by the County to each provider within the County from $1.50 per person to $1.65 per person. Mr. Gothard was of the opinion that this was not enough of an increase. -3- 000882 9. CLOSED DOOR SESSION A. CI~ COUNCIL APPOIN~ENT B. BOARD APPOIN~ENTS: PLANNING & ZONING, BO~D OF ~JUS~ENT Am APPEALS, P~K & RECREATION C. LITIGATION: CITY VS. PUnY Before going into this closed-door session, Mayor Turner spoke to members of the audience about the death of Mr. Wes Gray and asked that everyone join him in a moment of silent prayer. At this time, Mayor Turner announced that the Council would meet in a closed-door session dealing with personnel and litigation and that no action would be taken during this time. Upon reconvening in open session, there being no further action to be taken by the Council, Councilman Adeler made a motion to adjourn the meeting. Seconded by Councilman North, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Turner adjourned the meeting at 1:15 a.m. -4-