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
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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.
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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.
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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.
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