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03/16/1987 City Council
MINUTES OF THE CITY COUNCIL MEETING HELD ON MARCH 16, 1987 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 on the 16th day of March, 1987, with the following Council roll call: Don Amick, Mayor Present Rick Harris,Mayor Pro-tem Absent, due to business Tom Arrambide, Councilman Present David W. Dye,III,Councilman Present Steve Glazener,Councilman Present Harvey Bradley,Councilman Present Marlene Poole,Councilman Present and with six members present a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE Mayor Amick led the Council and the audience in the Pledge of Allegiance to the flag of the United States of America. 3. MAYORAL PROCLAMATION DECLARING TEXAS BUSINESS AND INDUSTRY WEEK At this time, Mayor Amick read a Proclamation regarding the Epsilon Delta Sorority Blood Drive, as follows: WHEREAS, the citizens of The Colony have traditionally extended a helping hand to their fellow citizens; and WHEREAS, Epsilon Sigma Alpha, in conjunction with Presbyterian Hospital, will sponsor their annual blood drive on March 22, 1987, at Amreins Child Development Center; and WHEREAS, for every pint of blood donated during this drive, The Colony's Blood Club account will receive a credit equal to the cost of one blood transfusion; NOW, THEREFORE, I, Don Amick, Mayor of the City of The Colony, Texas do proclaim the Annual Blood Drive sponsored by Epsilon Sigma Alpha to be a valuable contribution to our community and urge all citizens of The Colony to participate. SIGNED AND SEALED this 16th day of March, 1987. (s)Don Amick, Mayor ATTEST: (s)Patti A. Hicks, City Secretary Ms. Carol Chabinak-Ball was present to receive the Proclamation on behalf of Epsilon Sigma Alpha and stated that this year they really wanted to inform the citizens of The Colony that this blood drive is exclusively for those citizens of our community that need blood transfusions. Mayor Amick read the Proclamation proclaiming Texas Business and Industry Week as written: WHEREAS, the City of The Colony is steadily growing with new businesses; and WHEREAS, this Council recognizes the invaluable asset those businesses are to our City; and WHEREAS, the first week in April has been set aside as a time for all Texas to salute their area business and industry; NOW, THEREFORE, I, Don Amick, Mayor of the City of The Colony, do proclaim the week of April 1 - 7, 1987 to be TEXAS BUSINESS AND INDUSTRY WEEK in the City of The Colony and urge participation by all citizens. PASSED AND APPROVED this 16th day of March, 1987. (s)Don Amick, Mayor ATTEST: (s)Patti A. Hicks, City Secretary Ms. Ball also received this Proclamation on behalf of the Chamber of Commerce and explained that the purpose is to promote business and industry throughout our community. After further comments regarding the above Proclamation, Mayor Amick then read as Proclamation regarding "Lifesaver Saturday" as written: WHEREAS, Texas has some 14,200 public railroad grade crossings, and each year has several hundred accidents at these grade crossings; and WHEREAS, accidents at railroad grade crossings in Texas result in the tragic loss of life, health, and property;and WHEREAS, the prevention of these accidents is a shared responsibility with the Texas motorist urged to join the railroads, government and private efforts to increase grade crossing safety through the Operation Lifesaver program; and WHEREAS, Operation Lifesaver is a nation-wide program of information and education to make the public aware of the dangers at railroad grade crossings and to teach appropriate lifesaving procedures; and WHEREAS, the Texas Jaycees, a leadership training organization, believing in service to humanity, has joined the Texas Railroads and Texas Safety Association in the ©>~ation Lifesaver effort; and '~?~E~EAS, The Colony Jaycees, seeking to serve the citizens of The Colony by educating them on railroad crossing safety; NOW, THEREFORE, in view of the above facts and observations, I, Don Amick, Mayor of the City of The Colony, do hereby proclaim that Saturday, March 28, 1987, be proclaimed as "LIFESAVER SATURDAY" and ask that all citizens of The Colony do hereby give their full support to The Colony Jaycees, the Texas Railroads and Texas Safety Association in their Operation Lifesaver efforts. In official recognition, whereof, I hereby affix my signature this 16th day of March, 1987. (s)Don Amick, Mayor ATTEST: (s) Patti A. Hicks, City Secretary Mr. Rob Smith was present to receive the Proclamation and explained to all in attendance that the purpose was to make people more aware of Railroad grade crossing safety. The Colony Jaycees are seeking to serve the citizens of The Colony by educating them and teaching lifesaving procedures. Mayor Amick inquired as to the Jaycees' clean-up project. Mr. Smith stated that the Jaycees were indeed going to clean up FM 423 from SH 121 to Eastvale 6 times a year and anyone was invited to help other than small children. Mayor Amick then read the last of four Proclamations which had been requested for this meeting after the agenda had been prepared. WHEREAS, there are 30,000 blind people in Texas dependent upon a white cane or leader dog; and WHEREAS, Governor Bill Clements has proclaimed the week of March 23-29, 1987 as Lions White Cane Week; and WHEREAS, Lions Clubs seek to acquaint the public with its obligations to the people who use leader dogs or white canes, and to assure the public recognition and observancee of the law protecting persons using these symbols; and WHEREAS, the International Association of Lions are interested in sight conversation work through District 2-E2 Lions Organ and Eye Bank and School for the adult blind and aid to the sight handicapped through examination and eyeglasses for the less fortunate, and other worthwhile service projects; and WHEREAS, the Lions of District 2-E2 give freely of their time and effort in the sale of miniature white canes to raise funds for these worthwhile projects: NOW, THEREFORE, I, Don Amick, Mayor of the City of The Colony, Texas, do hereby proclaim the week of March 23 - 29, 1987, as WHITE CANE WEEK in the City of The Colony and urge all citizens to become familiar with the meaning and purpose of the white cane and leader dogs. IN TESTIMONY WHEREOF, I have hereunto set my hand and cause the Official Seal of the City of The Colony, Texas to be affixed this 16th day of March, 1987. (s)Don Amick, Mayor ATTEST: (s)Patti A. Hicks, City Secretary Mr. Bill Weber explained that one of the projects of the Lion's Club was to help the blind. They will be out at the shopping centers and on the street corners taking up donations for this purpose. For everyone that gives a donation they will receive a miniature white cane. 2. CITIZEN INPUT Mr. Jerry Schultz - 4821 Nash Dr. spoke to the Council regarding the drainage work done at Lions's Club Park. He said that he felt like an engineer should have been called in on the design, because what has been done will not last long. He stated that he was dissatisfied with the materials used and the design, stating the project is very substandard. Mr. Schultz advised the Council that he had spoken with Mr. Jerry Van-Y, Public Works Superintendent, Mr. Tommy Turner, Public Works Director, and Ms. Janice Carroll, Assistant City Manager regarding this matter. Mayor Amick advised Mr. Schultz that Mr. Hall, City Manager was instructed by the Council to do the job the most inexpensive way possible and that if an engineer would have been consulted, it probably would not have been done at all. The Mayor went on to say that at this time the City does not have the where-with-all(money) to do the project in the best, permanent way and that hopefully five (5) years down the road, the City will have the means to do so. He also explained the Council's desire to not use the bond funds as they would be better used in the neighborhood parks, i.e., for landscaping, playground equipment, etc. Mr. Nick Parrott - 4416 North Colony Blvd. reminded the Council and the audience of the Candidate's Forum to be held March 24, 1987 at 7:00 p.m. at Peter's Colony Elementary School. Mr. Mike Lynch - 4921 Roberts spoke regarding several concerns. One of which was why there is no school zone in front of the high school and the other was the different speed limits on Paige Road, South Colony and North Colony Boulevards. Mr. Lynch stated that it made him question the speed limit on Blair Oaks Rd. Ms. Janice Carroll responded to the school zone question stating that it was the recommendation from our City Engineer not to designate one in front of the. High School but that she would do some research into this concern. Ms. Carol Chabinak-Ball stated that she signed up to receive the proclamations presented earlier and had nothing more to say. Council David W. Dye,III - Councilman Dye announced his resignation from the City Council, explaining that he had been caught in the economic crunch and was laid off from his job, going on to say that he had not been able to find employment in this area and had taken a job in New Jersey, which requires him to relocate. Councilman Dye's resignation is to be effective at 11:59 p.m. March 17, 1987. 4. RECEIVE REPORT FROM THE CITY MANAGER ON THE STATUS OF THE CONTRACT WITH RICHARD WATSON FOR THE CONSTRUCTION OF A GOLF COURSE ON WYNNEWOOD PENINSULA Mayor Amick explained that the reason this was placed on the agenda was to set the record straight from the beginning so the taxpayers know they are not paying for the Golf Course that failed in the Bond Election, but rather that it is going to be built through private funds, at no cost to the City or the taxpayers. Mr,.Bill Hall, City Manager, then briefed the Council and the audience on the project, stating that Mr. Richard Watson advised him that he had enough faith in a Golf Course being utilized in The Colony and enough faith in The Colony itself that he elected to find private financing himself to place a golf course here. Mr. Hall stated that it would initially have 18 holes, go to 36 and them eventually to 52, saying there would also be a target range with video equipment allowing for practice and instruction. There will not an elaborate club house, because Mr. Watson wants to put the emphasis on building the best of golf courses. Mr. Hall stated that Mr. Watson has reassured the City that he dos have his own financing available in the private sector. Mr. Hall also stated that the City is now waiting the final word from the Corps of Engineers regarding the Agreement to Lease the Corps property. Mr. Watson is hoping to begin construction of the golf course in mid-September 1987. Councilman Poole asked about the green fees. Mr. Hall advised the current proposed green fee is approximately $1.00 more than the average and that was one of the concerns of the Corps. Hall stated this issue will be negotiated. Mr. Mike Lynch asked how the water would be provided. Mr. Hall explained that wells would be drilled for the domestic water supply and that our effluent water will be utilized for the greens, stating also that MR. Watson plans on running a 12" pipe to a retaining pond to be located on Wynnewood Peninsula. 5. CONSENT AGENDA Mayor Amick and Mr. Hall gave a brief explanation of each of the items. A. CONSIDERATION OF THE APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD ON MARCH 2 AND 9, 1987 Councilman Dye moved to approve the minutes as written and Councilman Arrambide seconded the motion which passed with a unanimous roll call vote. B. CONSIDERATION OF THE APPOINTMENT OF MR. ROBERT BARRY AS AGENT OF RECORD FOR THE CITY OF THE COLONY INSURANCE COVERAGE At the request of Councilman Poole this item was pulled for discussion regarding the fact that if the City has an Agent of Record other agents would not bring in bid proposals because they would lose their commission to the Agent of Record. Mr. Hall explained that as Agent of Record, Mr. Barry would prepare the bid specifications and do all of the leg work, noting that Mr. Barry has been the Agent of Record for the City and the Utility District and has done an excellent job. Councilmen Poole and Bradley again expressed their concern that the City needs to have open competitive bidding on the Group Health/Life Insurance. After further discussion, Councilman Poole moved to deny the appointment of an Agent of Record and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF TRANSFER OF $1,084.00 FROM REVENUE SHARING TO THE GENERAL FUND Councilman Dye moved to approve the transfer and Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF THE RATIFICATION OF A LEASE FINANCE AGREEMENT FOR THE PURCHASE OF A CRACK SEALING MACHINE AND FOUR (4) POLICE VEHICLES Councilman Dye moved to approve the ratification and Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. E. CONSIDERATION OF THE AMENDMENT OF ORDINANCE #445, ADOPTING THE FLOOD PLAIN MAP Councilman Dye moved to approve the amendment and Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. 6. DISCUSSION OF THE PROPOSED AGREEMENT WITH IBM REGARDING THE CONSTRUCTION OF PLANO PARKWAY Mayor Amick explained that we do have a verbal agreement with IBM stating they will build a portion of the Plano Parkway and that we had hoped to have the written agreement for this meeting. Since the Council did not have the written contract to review Councilman Bradley moved to table this item until an agreement is received. Councilman Poole seconded the motion which carried with a unanimous roll call vote. 7. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, SECTION 2E, REGARDING LITIGATION AND SECTION 2F, REGARDING LAND ACQUISITION, TO-WIT: A. PLANO PARKWAY - LAND ACQUISITION B. CONDEMNATION - JORDAN PROPERTY - LITIGATION C. TELAMON CONSTRUCTION - LITIGATION After reconvening in open session the Council addressed the following item: 8. CONSIDERATION OF THE DISPOSITION OF FUNDS REGARDING THE TELAMON CONSTRUCTION CONTRACT Councilman Dye moved to assign the retainage from the Telamon Contract to Bankruptcy Court for disbursement. Councilman Poole seconded the motion which carried with a unanimous roll call vote. At this time, with no further business to discuss, Councilman Dye moved to adjourn the meeting and Councilman Poole seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 9:30 a.m. Dor~mick, ~f~'yor ATTEST: