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HomeMy WebLinkAbout01/20/1986 City Council MINUTES OF THE CITY COUNCIL MEETING 00223 HELD ON JANUARY 20, 1986 The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. at City Hall with the following members present: Larry D. Sample Mayor Rick Harris Councilman Tom Arrambide Councilman Helen Gray Councilman Don Amick Councilman Charles Dodds Councilman Marlene Poole Councilman and with all members present the Mayor addressed the first item: l. PLEDGE OF ALLEGIANCE Mayor Sample led the audience and the Council in the Pledge of Allegiance to the flag of the United States of America. 12. PRESENTATION OF CERTIFICATES OF APPRECIATION TO THE WINNERS OF THE THEME CONTEST FOR THE BEAUTIFICATION COMMITTEE. Janice Carroll, City Manager gave a brief background of the Beauti- fication Committee, explaining it was formed by a joint Resolution between the City Council and the Chamber of Commerce. Carroll went on to say that the Committee had decided to have a theme contest within the schools to name the theme for the Committee. Ms. Carroll introduced Lydia Gober, a member of the Chamber and the Committee who stated that they were pleased with the participation and interest shown by the students. Councilman Helen Gray read the winners of the contest and Mayor Sample presented them with their certificates and ribbons. The winners are as follows: 5th Place - Frankie Taylor - 5th grade Carney Elementary Entry - "Keep The Colony Spic and Span says Mr. Trashcan" 4th Place - Jamie Childs - 5th grade St ewarts Creek Elementary Entry - "Give a Helping Hand. Don't Pollute!" 3rd place - Neil Vandepas - 4th grade Peters Colony Elementary Entry - "Keep it Clean is What I Mean - Don't Quack, Hit The Sack" 2nd Place - Fabian Campos - 5th grade -Camey Elementary Entry - "Be a Ladybug Not a Litterbug" 1st Place - Erin McCormick - 6th grade Griffin Middle School Entry - "You Needed The Colony, Now The Colony Needs You - Fox It Up!" Erin also received a $10.00 cash prize for her efforts. 2. CITIZEN INPUT Walter and Donna Comstock - Stated they own The Colony Sprinkler Systems and that the Inspection Department said they could not bring their work vehicles home and park them in front of their house. Ms. Comstock stated that they do not work out of their home. She also said they had been complained upon but were not told who did the complaining, or what the actual complaint is. She said they were told to wait for the citation to see what the charge actually is. Ms. Comstock said she does not know what to do. Janice Carroll responded explaining the Home Occupation Ordinance and stating that they could bring their vehicles home but not a fleet. Ms. Carroll went to say that it was an individual bringing the complaint and not the City. Ms. Comstock of 4607 Jenkins Cir. said that two (2) inspectors had told her they received a complaint of a coke bottle in her alley and that she had to pick it up. Mrs. Comstock said she feels the City is being used to harass them. She said most of her neighbors are friendly and not upset regarding the "problem". Ms. Comstock cited several complaints that had been received by one neighbor in particular. Councilman ARrambide stated that he had tried to help the situation but had not been able to. He said it is a citizen complaint and that the City has to follow up on it. Mayor Sample said that Janice Carroll would check into this problem and would get back to the Comstocks and to the Council. Janice Carroll again stressed that it is not the City bringing the complaint, but an individual. The Gomstocks both made a last plea for help from the City. Daniel Baker spoke regarding Ordinance #00010, pertaining to Animals, specifically Dogs at Large. Mr. Baker said his dogs were picked up by the Animal Control Officer and that they had not been "At Large" but in his own yard. Mr. Baker stated that his wife had spoken with the Chief of Police this date, and had been told that the Ordinance may soon be changed to read that animals must be on a leash even in their own yard. Mr. Baker stated that he felt that is unfair to the owners and the dogs. Mayor Sample said that this matter would be researched and he would come back with an answer. Councilman Amick said he was aware of this situaiton and had advised Mr. Baker to come to the Council meeting and that he (Amick) felt the Council should re-100k the Ordinance. Mona Effler - Requested that an Ordinance be drafted and passed prohibiting smoking in public meetings. Mayor Sample stated that he has a problem with the Federal Government licensing, allowing the sale of, with no restrictions and then leaves the problems to the worked out on the lower level of government. The Mayor did say this would be looked into and brought back to Council. Dick Weaver - Mr. Weaver wanted to squelch the rumor that he is running for City Council and then asked the Council what will be done with the $2,500,000.00 reserve at the Municipal Utility District once the merger has taken place. Mayor Smaple said that he really could not speculate at this time but would have to wait until the merger actually takes place. The Mayor assured the audience and Mr. Weaver that the monies would not be spent frivously. 3. CONSIDERATION OF APPROVAL OF MINUTES Councilman Amick moved to approve the minutes of the January 6, 1986 Council meeting as written. Councilman Dodds seconded the motion which carried with all members voting Aye. Councilman Poole and Councilman Arrambide both abstained on the meeting of the 6th which was held at 7:00 p.m. 4. CONSIDERATION OF A REQUEST FROM THE COLONY LITTLE LEAGUE ASSOCIATION AND THE COLONY YOUTH SOCCER ASSOCIATION TO USE THE PARK AND RECREATION OFFICES FOR THE PURPOSE OF REGISTRATION FOR THE SPRING SEASON DURING THE MONTH OF FEBRUARY. Janice Carroll explained that the Little League Association had withdrawn their request prior to the meeting. Councilman Harris moved to approve the request with a second from Councilman Dodds. The motion carried with a unanimous roll call vote. 5. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE LEASE PURCHASE OF TWO (2) PICK UPS FOR THE INSPECTIONS DEPARTMENT. Janice Carroll reminded the Council that the bids for the pick ups had been awarded a few months ago and now it is time to approve the financing. ~ls. Carroll recommended using First Colony Bank to keep the business within the City. Councilmand Harris asked what the total pay out was. Carroll responded that at The Colony Bank it would be $18~990.00 and through Huffines (GMAC) it would be $17,028.00 (with a $1000.00 down payment) and with Maryland Bank it would be $18,676.44. Councilman Harris stated and it was generally agreed upon that it would be wiser to go with Huffines since the interest is lower, even though it would cause an overage in the budget this year of $400.00. Councilman Harris moved to approve the financing through Huffines and Councilman Amick seconded the motion which carried with a unanimous roll call vote. Mayor Sample then read the Caption of the Ordinance. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH G.M.A.C. IN THE AMOUNT OF $18,058. 96 FOR THE PURCHASE OF TWO PICK UP TRUCKS FOR THE PUBLIC WORKS DEPARTMENT; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. 00224 _ Councilman Amick moved to approve the Ordinance as written with and second from Councilman Poole. The motion carried with a unanimous roll call vote. 7. CONSIDERATION OF AN ORDINANCE CHANGING THE ZONING ON APPROXIMATELY two (2) ACRES OF LAND ON TWO (2) PARCELS, LOCATED ON THE NORTHEAST CORNER OF PAIGE RD. AND S. COLONY BLVD. FROM OFFICE 1 TO GENERAL RETAIL. Mayor Sample read the caption of the ordinance as written: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS BY AMENDING APPENDIX A-ZONING BY GRANTING A ZONING CHANGE ON A TRACT OF LAND LOCATED WITHIN THE CITY OF THE COLONY, TEXAS AND MORE FULLY DESCRIBED HEREIN; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "O-1" OFFICE 1 TO "GR" GENERAL RETAIL; REQUIRING DEVELOPMENT OF THE TRACT TO BE IN ACCORDANCE WITH ALL RELEVANT REGULATIONS PROVII~ING FOR SPECIAL CONDITIONS; CORRECTING THE OFFICIAL ZONING MAP; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; DETER- MINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGE AND AMENDMENT HEREIN MADE;: PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN ONE THOUSAND ($1,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. Councilman Amick moved that the Ordinance be approved as read and Councilman Poole seconded the motion which carried with a unanimous roll call vote. At this time, Mayor Sample called a five (5) minute recess. Upon reconvening in open session, it was brought to the Mayor's attention that when the Caption of the Ordinance passed in item #5 was read the Department was named as Public Works instead of Inspections Department. Councilman Amick moved to amend the motion on item #5 to read Inspections Department instead of Public Works Department. Councilman Poole seconded the motion which carried with all members voting Aye. 8. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE CONSTRUCTION OF IMPROVEMENTS AT TURNER STREET PARK. Janice Carroll, City Manager, noted that the bids did come in around $20,000.00 high and stated that City Engineer, Glen Brown was present at the meeting answer any questions the Council may have. Mr. Brown then compared the bids against the engineer's estimate, stating that the engineer used an estimate of $2.00 per cubic yard and that all the contractors bid over that figure. Mr. Brown said he feels that the Craig Olden Co. did submit a reasonable bid and recommended the bid be awarded to that company. There was very little discussion regarding the bids. Councilman Harris moved to accept the bids and award the low bid to Craig Olden, Co. Councilman Arrambide seconded the motion. Councilman Dodds made the comment that once again we are running over on a bond project and that perhaps we need to look at the money again and re-think the plans before we run out of funds. Councilman Harris said so far Park and Recreation is not over on any project although he agreed with Dodds in regard to re-looking at the money and projects. Councilman Amick agreed and said we should remember that these estimates were obtained from various sources and it is very hard to accurately estimate the final costs. The motion c~ri~ied with a unanimous roll call vote. 9. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE CONSTRUCTION OF IMPROVEMENTS AT TURNER STREET PARK. Mayor Sample read the caption of the Ordinance as written: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CRAIG OLDEN, INC. IN THE AMOUNT OF $94,975.00 FOR THE CONSTRUCTION OF IMPROVEMENTS AT TURNER STREET PARK; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Councilman Harris moved to approve the Oridnance as written with a second from Councilman Ar rambide. Janice Carroll asked if this should be done with a Purchase Order or with a Standard Construction Contract. Mr. John Boyle, City Attorney stated that it should be handle with a Standard Construction Contract. The motion carried with a unanimous roll call vote. 6. RECEIVE REPORT FROM CHIEF REGARDING VANDALISM. Mayor Sample stated that he had reqeusted this report from the Chief of Police because of the recent problems within the City. Chief Ristagno gave a report on the statistics regarding vandalism in the City with B.B. or pellet guns, showing a map and giving statistics on each area of the City. The Chief explained the current law forbids discharge, but not possession of a pellet gun in the City limits. He suggested that the Council think about a new Ordinance regarding this problem. John Boyle, City At torney stated that there is a State statute that addresses the possession of fire arms and pellet and B.B. guns are not a fire arm. Boyle went on to say that the City can punish discharge but cannot restrict possession. He stated that he would look at the problem from the minor in possession stand point, saying it could be probably be enforce for public areas only, i.e. parks, public streets, etc. Councilman Arrambide said he had requested this ordinance some time ago and had not heard back at all. Councilman Dodds moved to direct the City Attorney to prepare an Ordinance disallowing the possession of B.B. and Pellet guns by a minor on Public Property. Councilman Poole seconded the motion. Harvey Bradley, a citizen whose daughter had been injured through an incident with a B.B. gun some time agao, commended the police department t on their actions at that time, but was disappointed that it had taken six months to getsomething done since this was brought before the Council that long ago. Councilman Harris asked if a section could be added allowing possession with parental supervision. After a lengthy discussion regarding the various avenues this ordinance could follow, it was generally agreed that the motion made previously was sufficient and the motion carried with a unanimous roll call vote. 10. CONSIDERATION OF A REVISED SWIMMING POOL PLAN. There was a general discussion regarding the proposed plan of operation for the new simming pool. Janice Carroll said the proposed Budget was $21,164.00 including a full time pool manager on a contract basis. Other figures regarding the operation of the pool and the concession stand were discussed, including a possible entry fee of $1.00 for each persons. Councilman Poole stated that there would many programs to be coordinated by the pool manager. Councilman Poole had prepared an estimate of revenues and she went over those figures with the Council. She stated that she had estimated revenue figures low and expenditure figures high. Councilman Harris stated that the pool manager would be on a one year contract and that the conTnittee hopes the pool will either make money or break even. 11. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17 OF V.A.C.S. SECTION 2G, REGARDING PERSONNEL, AND 2E REGARDING LITIGATION. Upon reconvening in opensession and with no further business to discuss, Councilman Dodds moved to adjourn the meeting. Councilman )imick secon- ded the motion which carried with all members voting Aye. Mayor Sample adjourned the meeting at 1l:15 p.m. APPROVED: ~ ~Y6r~ 002243 ATTEST: Patti Jones~ity Secretary