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HomeMy WebLinkAbout02/21/1983 City Council MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON FEBRUARY 21, 1983 A REGULAR 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: Gene Pollard Mayor Larry Sample Councilman Norman Ade]er Councilman Charhe Parker Councilman Char]es Dodds Councilman Mar]ene Poo]e Councilman and with Councilman Scott North not in attendance, as he was out of town; however, a quorum was established. 1. APPROVAL OF MINUTES Councilman Parker moved that the minutes of the February 7th Regular Session be approved as presented. Seconded by Councilman Poo]e, the motion passed by the fo]lowing roll call vote: Ayes: All members present voted aye Noes: None 2. CITIZEN INPUT Mayor Pollard recognized Debbie Gutzwil]er of 5664 Painter. She stated to the Council that she was concerned with safety of children with cars parked on both sides of the narrow residential streets and, second]y, she was concerned that garbage cans could not be used to protect the plastic bags from the animals. She was advised that the garbage situation would be discussed during the next agenda item with Mr. Gustafson representing Texas Waste Management. Councilman Sample assured her that parking problems would be discussed by staff at a future date. Mayor Pollard then recognized Mr. Lawrence Ode]l of 5504 Slay. He presented to the Council for their review a ticket that he had received for httering in his yard. He advised the Council that the Judge did not fine him but did put him on ninety days probation to make sure that all of the trash was removed. Mayor Pollard advised that they would check on this process, but that they could not actively be involved in the Court's decisions. 3. RECEIVE REPORT ON TEXAS WASTE MANAGEMENT Mr. Gustafson advised the Council that he had presented to them several weeks ago a financial statement for their review. The Council had no questions pertaining to the financial statement, however, Councilman Poo]e did ask that Mr. Gustafson clarify how the rate was arrived at for trash pickup during the bid process. Mr. Gustafson explained that the rate was bid based on plastic bags only. According to time and motion studies, it does take longer to empty trash contained in metal or plastic containers. He explained that this year the rates in The Colony are $4.51 plus franchise, and in Lewisvil]e, where they do pick up cans, the cost is $6.25 plus franchise. Councilman Poo]e asked if the side-load truck that is used now would be a problem with cans. Mr. Gustafson advised that it would not. Councilman Dodds stated again that he felt that the paper bags used in Farmers Branch were still a good option for the city to look into. Mr. Gustafson clarified that there would be no cost increase as long as whatever is used is not returnable. Councilman Adeler stated that in his alley on Cook Circle, there was a large dog house that had not been picked up. Mr. Gustafson advised that he would check into it, but he did provide to the Council the bulky item pickup procedure for their review. Mr. Gustafson also advised the Council that on Thursday after- noon they would donate their vehicles to help pick up the alleyways free of charge. Councilman Parker advised that the Chamber was looking into a clean up -1- 00t. 425 campaign. Councilman Poo]e felt that this was a necessary thing to do but would like to check the Community Development budget to see how much is budgeted for genera] city cleanup. Mayor Pollard advised Mr. Gustafson that they were being billed for 700 homes ]ess than were actually in The Colony. Mr. Gustafson stated that, of course, those fi§utes came straight from the utility district, and he certainly would not want to be picking up free of charge for an additional ?00 homes. Mayor Pollard advised Mr. Sartain to check into this discrepancy. After further discussion, Mr. Gustafson did advise the Council that it would not be a problem for them to pick up trash in plastic bags that were placed inside containers. 4. RESOLUTION CALLING JOINT ELECTION WITH THE COLONY MUNICIPAL UTILITY DISTRICT ON APRIL 2, 1983 Mayor Pollard read aloud the following Resolution: WHEREAS, the City Council of the City of The Colony has deemed it advisable to approve an Order Calling an Election; and WHEREAS, when two or more political subdivisions of this state are holding elections on the same day in all or part of the same terri- tory, Article 2.01c of the Texas Election Laws provides for holding of said joint election; and WHEREAS, it is in the best interest of the City of The Colony, Texas, and in the interest of its citizens to minimize cost and to maximize efficiency of said election to hold such joint election with The Colony Municipal Utility District No. 1 on April 2, 1983. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY THAT THE METHOD FOR ALLOCATING THE EXPENSES AND RECORDS FOR THE ELECTION SHALL BE AS FOLLOWS: 1. The City of The Colony and The Colony Municipal Utility Dis- trict No. 1 shall share equally the cost of said polling places, election judges, alternate judges, interpretors, election clerks and election supplies. 2. The City of The Colony and The Colony Municipal Utility District No. 1 shall use separate ballots. 3. The custodian of the records for the City and the District shall be the Mayor for the City of The Colony. 4. The absentee voting shall be conducted at City Hall of The Colony, Texas, at 5576 North Colony Boulevard, WITHIN THE BOUNDARIES OF THE COLONY MUNICIPAL UTILITY DISTRICT NO. 1 AND THE CITY OF THE COLONY. The absentee voting clerk for said election shall be Janice Carroll, City Secretary. PASSED AND APPROVED THIS DAY OF , 1983. /s/ GENE POLLARD, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY Councilman Dodds moved that the Resolution be passed as presented. Councilman Sample seconded this motion. The motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None 5. CONSIDERATION OF ORDER CALLING MUNICIPAL ELECTION TO BE HELD ON APRIL 2, 1983 ELECTION OF MUNICIPAL OFFICERS The Colony, Texas April 2, 1983 ELECTION ORDER BE IT REMEMBERED THAT on this 21st day of February, 1983, at a meeting of the City Council of the City of The Colony, Texas, a quorum being present, the meeting was called to order and the Council issued the following order: IT IS ORDERED that an election be held in the City of The Colony, Texas, on the 2nd day of April, 1983, the same being the first Saturday of said month for the following purpose: -2- To elect a Mayor for a two year term; one Councilmember for Place 1 at large for a two year term and one Councilmember for Place 2 at large for a two year term. The candidate for each such office receiving a majority of all votes cast for all candidates for such office shall be elected for a two year term. In the event any candidate for any one of said offices fails to receive a majority of all votes cast for all the candidates for such office, a run-off election shall be called as provided for by the Charter of the City. The polling place for said election shah be at two locations as follows: For persons residing in Districts 3 and 6 the polling place shall be the Camey Elementary School. For persons residing in Districts 4 and 5 the polling place shah be the Peter's Colony Elementary School. The polls shall be open from 7:00 o'clock a.m. to 7:00 o'clock p.m. None but legally qualified voters of the City shah be entitled to vote at said election. Notice of said election shah be posted in three public places within the limits of the City at least thirty (30) days prior to the election day. A return of such posting shall be made by affidavit of the City Secretary. A Presiding Election Judge and an Alternate Presiding Election Judge shah be appointed to serve at each polling place by written order of the Mayor, approved or signed by at least a majority of the members of the governing body of the municipality. The Presiding Judge for each polling place shah appoint two Election Clerks and as many additional Clerks as are necessary for the proper conduct of the election. Provided, however, 7 shall be the maximum number of Clerks which may be appointed to serve at any polling place. All Judges and Clerks shah be qualified voters in the City. Absentee voting for the above designated election shah be held at the regular office of the City Secretary at the City Hall Building, in said City, and said place of absentee voting shah remain open for at least eight (8) hours on each day of absentee voting which is not a Saturday, Sunday or an official State holiday, beginning on the 20th day and continuing through the 4th day preceding the date of said election. Said place of absentee voting shah remain open between the hours of 8:00 o'clock a.m. and 5:00 o'clock p.m. After holding said election, the Election Judges shall promptly make their returns to the City Secretary and to the Mayor, and the Secretary shall there- after present such returns to the City Council for the canvassing of said election. The Presiding Election Judge shall be paid the sum of $4.00 per hour, plus an additional sum of $25.00 for his services in delivering the returns of the election. The Alternate Presiding Election Judge shall be paid the sum of $4.00 per hour and each Election Clerk shall be paid the sum of $4.00 per hour for their services in holding the election. Such payments shall not exceed the maximum amounts set out in Article 3.08, Texas Election Code, to-wit: $4.00 per hour for each election official, plus an additional amount paid to the Presiding Judge for delivering the returns, not to exceed $25.00. ORDERED this the 21st day of February, 1983. /s/ GENE POLLARD, MAYOR, City of The Colony, Texas ATTEST: /s/ JANICE CARROLL, CITY SECRETARY, The Colony, Texas Councilman Parker moved to approve this Order as presented. Seconded by Councilman Dodds, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None 6. CONSIDERATION OF ORDER APPOINTING ELECTION JUDGES FOR MUNICIPAL ELECTION TO BE HELD ON APRIL 2, 1983 ELECTION OF MUNICIPAL OFFICERS The Colony, Texas April 2, 1983 ORDER APPOINTING ELECTION JUDGE WHEREAS, on the 21st day of February, 1983, an Order was issued calling an election to be held on April 2, 1983, for the election of Municipal Officers. NOW, THEREFORE, IT IS HEREBY ORDERED that Kay Einig is appointed Presiding Election Judge and Sherrie Campbell is appointed Alternate Presiding Election Judge to serve at the Camey Elementary School polling place at said election. -3- 001426 IT IS FURTHER ORDERED that Diane Kovar is appointed Presiding Election Judge and Dee Cole is appointed Alternate Presiding Election Judge to serve at the Peter's Colony Elementary School polling place. ORDERED this the 21st day of February, 1983. /s/ GENE POLLARD, MAYOR, The Colony, Texas APPROVED BY THE FOLLOWING MEMBERS OF THE CITY COUNCIL: Scott North, Mayor Pro Tem Larry Sample Norman Adeler ~-, Charlie Parker Charles Dodds Marlene Poole Councilman Dodds moved to approve this Order appointing said judges as presented. The motion was seconded by Councilman Poole. Prior to voting, there was a brief discussion of the City's attempt to combine the polling place with the school election. City Secretary Janice Carroll did advise the Council that on October 14th a letter had been written to the School Board and that, as of this date, a reply had not been received. After further discussion, Mayor Pollard called for a vote on the motion on the floor. The motion Carried by the following roll call vote: Ayes: All members present voted aye Noes: None 7. CONSIDERATION OF APPROVAL OF ORDINANCE ON ACQUISITION OF LAND Mayor Pollard read aloud the following caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ABANDONING POR- TIONS OF STEWARTS CREEK ROAD IN FAVOR OF THE ABUTTING OWNER, FOX & JACOBS, INC., FOR AND IN CONSIDERATION OF A GENERAL WARRANTY DEED TO A CERTAIN 13 606 ACRE TRACT DESCRIBED HEREIN; PROVIDING THAT SUCH ABANDONMENT SHALL BE ALL THE INTEREST WHICH THE CITY MAY LEGALLY AND LAWFULLY ABANDON; PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE A QUITCLAIM DEED THAT MAY BE RECORDED WITH THE COUNTY CLERK OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Pollard did state that appraisals had been done on the land and that the value of the 13.606 acres of land located west of FM 423 at South Colony Boulevard exceeded the value of the portions of Stewarts Creek Road that were to be abandoned. Councilman Dodds moved that this ordinance be passed as presented. The motion was seconded by Councilman Parker. Prior to voting, Mayor Pollard noted that this acreage and location could potentially be used for a municipal center. At this time, the motion carried by the follow- ing roll call vote: Ayes: All members present voted aye Noes: None 8. CONSIDERATION OF RESOLUTION OF INTENT FOR JUVENILE GRANT APPLICATION Mayor Pollard presented the following Resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE SUBMISSION OF A GRANT APPLICATION TO THE TEXAS CRIMINAL JUSTICE DIVISION FOR THE EXPANSION OF THE JUVENILE DIVISION OF THE COLONY POLICE DEPARTMENT AND PLEDGING PAYMENT OF THE LOCAL SHARE OF THE COST OF THIS JUVENILE DIVISION. WHEREAS, the City of The Colony recognizes a need for seeking improve- ment to its Police Department by expanding the Juvenile Division; and -4- WHEREAS, the Texas Criminal Justice Division has indicated that funds may be available to the City of The Colony Po]ice Department for financing the expansion of the Juvenile Division; and WHEREAS, the City of The Colony pledges its proportionate share of the cost of this project, as required, if a grant is obtained; and WHEREAS, the City of The Colony anticipates assuming total cost of this project at the end of Criminal Justice funding; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: -- Section 1. That the City Manager is hereby authorized and directed to submit a grant application to the proper authorities for assistance in the cost of the expansion of the Juvenile Division of The Colony Police Department. Section 2. That the City of The Colony anticipates assuming total cost of the unit, as required, if a grant is obtained. Section 3. That the City of The Colony anticipates assuming total cost of this project at the end of Criminal Justice funding. PASSED AND APPROVED BY THE CITY COUNCIL ON THE DAY OF , 1983. /s/ GENE POLLARD, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY Councilman Parker moved that the Resolution be passed as presented. The motion was seconded by Councilman Poole. Prior to voting, Mr. Sartain advised that this was required for state funding. The motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None 9. CONSIDERATION OF APPROVAL OF ORDINANCE AUTHORIZING POLICE VEHICLE FINANCING Mayor Pollard read aloud the fo]lowing caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE FIRM OF The Colony Bank IN THE AMOUNT OF $85,728.24 FOR EIGHT POLICE VEHICLES; ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Councilman Dodds moved to approve this authorization ordinance as presented. The motion was seconded by Councilman Adeler. Councilman Sample, prior to voting, did clarify that the interest was still at 11.25%. Mr. Sartain stated that it was and that the cars were ready for delivery. Councilman Dodds asked about the auction on the old cars. Mr. Sartain advised that they were first looking at a sealed bid process and, secondly, an auction. Mayor Pollard called for a vote upon the motion on the floor. The motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None 10. CLOSED DOOR SESSION A. PARKS AND RECREATION DEPARTMENT B. LITIGATION Mayor Pollard announced that the Council would now meet in a closed-door session to discuss the above referenced items. He stated that he did not anticipate any action to be taken at this time. Upon reconvening in open session, there being no further action to be taken, Councilman Dodds moved that the meeting be adjourned. Seconded by Councilman -5- Poole, the motion passed by the following vote: Ayes: All members present voted aye Noes: None Mayor Pollard adjourned the meeting at 11:00 p.m. G~E POLLARD,-M-~?OR -- ATTEST: JANIC~AP[~OLL,- CITY SECRETARY