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HomeMy WebLinkAbout03/19/1984 City Council 00167,i MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON March 19, 1984 A REGULAR SESSION of the City Council of the City of The Colony, Texas, was called ot order at 7:30 p.m. at City Hall with the following members present: Larry D. Sample Mayor Noel Long Councilman Norman Adeler Councilman Don Amick Councilman Charles Dodds Councilman Marlene Poole Councilman Scott North Councilman and with all Council members present, a quorum was established. 1. PLEDGE OF ALLEGIANCE The Mayor led the Council and members of the audience in the pledge to the United States flag. 2. CITIZEN INPUT No input from Citizens 3. APPROVAL OF MINUTES Councilman Poole moved to approve the minutes of the March 5th, 1984, meeting as presented. Seconded by Councilman Adeler, the motion passed with the following roll call vote: Councilman North: Abstain All other members: Voted Aye 4. RECEIVE PROCLAMATION DECLARING THE WEEK OF MARCH 18th THRU THE 24th AS "SIGN UP AMERICA WEEK" IN SUPPORT OF THE U.S. OLYMPIC TEAM, SPONSORED BY THE JAYCEES Nick Oprea, representative of The Colony Jaycee's, said that Jaycee's all across the United States are gathering signatures in conjunction with the companies of M&M and Snickers to sponsor the U.S. Olympic Team. The Colony Jaycee's will give $100 to the group that gathers the most signatures. Mayor Sample read the following Proclamation: A PROCLAMATION FROM THE OFFICE OF THE MAYOR WHEREAS, since the Summer Olympic Games, the most spectacular sporting event in the world, will take place on American soil for the first time in 52 years; and WHEREAS, the civic bodies and service organizations of our community, ehaded by the The Colony Jaycees and our local government, believe in and support our Olympic competitors competing in the XXXIII Olympiad in Los Angeles; and WHEREAS, the The Colony Jaycees are coordinating a "Sign Up America" campaign as part of a nationwide pledge of support for the United States Olympic Team; and WHEREAS, The Jaycees believe that the "brotherhood of man transcends the sovereignty of nations"; THEREFORE, I, Mayor of The Colony do hereby proclaim the week of March 18th thru 24th as "Sign Up America Week" and urge all citizens of our community to give full regard to the services of the The Colony Jaycees. Dated this 19th day of March, in the year of our Lord, nineteen hundred eighty-four. 00167 Mayor Sample announced he had another Proclamation to read for another event the Jaycees are sponsoring. It reads as follows: PROCLAMATION WHEREAS, the City of The Colony is interested in various activities the local civic groups sponsor, and WHEREAS, the Colony Jaycees have sponsored may such events, and WHEREAS, the City particularly enjoys those events that benefit the youth of this City, NOW, THEREFORE, I, Larry D. Sample, Mayor of the City of The Colony, Texas, do hereby proclaim the day of March 24, 1984, to be CIRCUS DAY in the City of The Colony. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of The Colony to be affixed this 19th day of March, 1984. /s/ Larry D. Sample, Mayor Again Nick Oprea spoke. He stated that this will be the 2nd time the Carson & Barnes Circus has come to our City. He went on to say the Jaycees have already donated four hundred dollars ($400.00) from advanced ticket sales to The Colony Library. Mayor Sample then addressed agenda item #7: 7. CONSIDERATION OF ACCEPTANCE OF BIDS RECEIVED FOR THE SALE OF 13.606 ACRES GENERALLY LOCATED WEST OF FM423 AND SOUTH COLONY BOULEVARD, AND AWARDING OF SAME City Manager, Janice Carroll, recommended the Council take time to review the bids received. She stated that two (2) bids were recieved at 2:00 p.m., on March 19th, 1984, one from Margie Sweden & Jerry Smith in the amount of ONE MILLION THREE HUNDRED THRITY-THREE THOUSAND FIVE HUNDRED & TWENTY-FOUR ($1,333,524.00) DOLLARS or TWO & 25/100 ($2.25) DOLLARS per square foot. The other was from Nick Oprea & Shawn McGrath in the approximate amount of ONE MILLION SEVEN HUNDRED SEVENTY-EIGHT THOUSAND & THIRTY-TWO & NO/100 ($1,778,032.00) DOLLARS or THREE ($3.00) DOLLARS per square foot. Ms. Carroll went on to say the low bid was for cash and the higher bid was for terms. Councilman North moved to accept the two (2) bids received and to delay action awarding same until the next scheduled meeting. Seconded by Councilman Poole the motion passed with the following roll call vote: Ayes: Ail Members Noes: None Mayor Sample then addressed agenda item #5 5. CONSIDERATION OF RECEIVING TEXAS WASTE MANAGEMENT'S 1983 ANNUAL REPORT 001676 Mr. John Gustafson, General Manager of Texas Waste Manage- ment, was present to answer any questions. Regarding bulky items, he advised the Council and members of the audience that ~f the Citizen will call, they would schedule a special Saturday pick up between 11 a.m. and 3 p.m. at no additional charge. After a lengthy discussion about cleaning up the City, Steve Reed, Community Services Di- rector, sa~d he would draw up some sort of notice and have it stuffed ~n the M.U.D. bills calling for a clean up week end, April 14th and 15th. Mr. Gustafson said that he would have large cannisters delivered to several locations ( of our choosing ) around the City at no charge. He added that he would do this any time we wanted. He then went on to request a 9¢ per month, per residence, price increase. His reason being that in January he incurred a price increase at the land f~ll. He pointed out that according to the contract, the City is not bound to grant such an ~ncrease. He asked that an amendment be added to the contract that would allow him to come before the Council any time such an increase may be necessary. After a lengthy discussion, Councilman Amick said he had no problem with the increase; however, he did not want to change the franchise agreement as it exists. Mr. Gustafson agreed. Mayor Sample then asked for a concensous of the Council on the rate increase. It was unanimously granted. Mayor Sample called for a brief recess. Upon reconvening, he addressed agenda item #6. 6. DISCUSSION FO THE NATIONAL FLOOD INSURANCE PROGRAM Jan~ce Carroll, City Manager, stated that this was origin- ally brought before the Council at the June 28, 1982 meeting and was tabled. She went on to say, at the present time, we have no structures built in a flood plain area. However, if we ever ~ntend to build in a flood plain, i.e. Corps of Engineer Property for athletic fields, and receive any type of Federal funding, we must be a participant in the program. Cheryl Hogue, representative from F.E.M.A. (Federal Emergency Management Association) briefly told the Council a l~ttle bit of background on what flood insurance is and why ~t is. She went on to say the Federal Government will identify the flood hazard areas and make flood insurance available to the community at affordable rates, if the City will enact certain regulations. These regulations simply mean the City would look at all new construction within the City to make sure it is protected from flooding. She stated the Corp of Engineer has already completed a detailed study of this area. The insurance itself is of no cost to the City; however, we would have to maintain records on all structures in the flood plain area's. It could be as s~mple as a rubber stamp on the building permit, stating proof of evaluation. The builder or homeowner has the burden of responsibility to provide the City with a Certificate of Elevation pryor to being issued a building permit. They would also need this in order to get flood insurance. She added that the City could comeinto the program now on the "Emergency Faze" . After the studies are completed and reviewed, the City would have six months to convert to the Regular Plan. Study maps would indicate the 100 year Flood Plain elevations. Councilman Poole stressed that this is valuntary coverage and the Citizens of this City should not be denied the right to th~s insurance. Mrs. Hogue said the local insur- ance companies will offer this coverage if the City is a participant in the National Flood Insurance Program. If the Council wishes to skip the Emergency Faze and go right into the Regular Program, that would need to be stated in the preliminary meeting between the City Manager and F.E.M.A. Officials. After a brief discussion, the Mayor asked for a consenous of the Council. The concenous was to have the City Manager proceed with further discuss- ions with F.E.M.A. 00167 ? 8. RECEIVE REPORT ON OBSTRUCTION OF VARIOUS TRAFFIC CONTROL SIGNS Janice Carroll, City Manager, stated that legal opinion is that the City would be directly responsible for any liability claims due to a traffic accident in any of these problem areas. Councilman Amick asked if lines could be painted on the pavement to avoid any liability. Police Chief Ristagno responded by stating that to be legal, the signs must be reflective, of a certain size, certain height and clearly visible from the street. Regarding the removal of tree's, Councilman North suggested giving the homeowners a chance to move them first. Councilman Dodds recommended the City Manager and City Staff look at this in more depth, as well as check the legal opinion and report back to the Council with a firmer recommendation at a later date. Mayor Sample asked if a stop sign at every corner is necessary. Mrs. Carroll replied by telling him she would research the laws on this. She went on to say some stop signs in the City were erected at the request of the Citizens to help slow down traffic. 9. CONSIDERATION OF RESOLUTION AUTHORIZING WORKERS COMPENSATION INSURANCE FOR ELECTED OFFICIALS Janet Gadd, City Secretary, briefly discussed the legal opinion received from the City Attorney. He felt this would be a very good thing for the Council to take advantage of. It would protect the City as well as provide coverage for any medical expenses incurred due to injuries recieved while conducting City business. In addressing the question of Compensation of Salary, he said if the Councilman receives a check for "disability" it is his/her responsibility to reject the check by simply returning it to TML. If this is not done, the particular Council member involved would be in direct violation of the City Charter. This would be considered grounds for immediate removal from Council. After a brief discussion, Councilman North moved to accept the Resolution. His motion was seconded by Counilman Poole. Mayor Sample then read the following Resolution aloud. RESOLUTION NO. A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, REQUESTING WORKER'S COMPENSATION INSURANCE COVERAGE FOR ELECTED OFFICIALS FROM THE TEXAS MUNICIPAL LEAGUE. WHEREAS, it is deemed advisable and desireable and timely to request from the Texas Municipal Leagur Worker's Compensation Joint Insurance Fund that they provide coverage for Elected Officials while acting within the course and scope of their official duties; and WHEREAS, it is hereby officially found and deter- mined that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Resolution is passed, and that said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given to all as required by Vernon's Ann. Civ. St. Article 6252-17. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: 1. The City of The Colony, Texas, of Denton County, Texas, hereby requests that the Texas Municipal League Worker's Compensation Joint Insurance Fund provide coverage for Elected Officials while they are acting within the course and scope of their duties. Elected Officials shall be covered by the City of The Colony, Texas. 2. That the City Manager is authorized and directed to do everything necessary and appropriate to provide Worker's Compensation Insurance Coverage for Elected Officials. /s/ Larry D. Sample, Mayor O01GTa The motion was voted on and passed with the following roll call vote: Ayes: All members present voted aye Noes: None 10. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17 OF V.A.C.S. REGARDING LITIGATION AND PERSONNEL Upon reconvening in open session, Mayor Sample addressed agenda item #11. 11. CONSIDERATION OF APPOINTMENT OF CITY PROSECUTOR Councilman North moved to table this appointment until a later date. Seconded by Councilman Adeler, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None With no further action to be taken by the Council, Councilman Dodds moved to adjourn the meeting. Seconded by Councilman North, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Sample adjourned the meeting at 12:05 a.m. Approved: ~/Lar~ DJ. a~p e~, y ~ Attest: Jane~'~dd, City Secretary