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HomeMy WebLinkAbout04/17/1989 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON APRIL 17, 1989 The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order at 7:15 p.m. on the 17th day of April, 1989 at City Hall, with the following Council Roll Call: Don Amick, Mayor Present Rick Harris, Mayor Pro-tem Present Johnny Spears, Councilman Present Noretta Sipe, Councilman Present Steve Glazener, Councilman Present Dick Weaver, Councilman Present Joel Marks, Councilman Present and with seven present, a quorum was established and the following items were addressed: 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2E, REGARDING LITIGATION, TO-WIT: A. EXTENDED AREA SERVICE After the Closed Door Session Councilman Spears left the meeting, however a quorum was established and the following items were addressed after reconvening in Open Session: 2. 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. CITIZEN INPUT Sylvia Brantle~ - advised the Council that The Colony Chapter of A.A.R.P. was receiving their charter tonight at a banquet in Lewisville. 4. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF MINUTES FOR THE COUNCIL MEETING HELD APRIL 3, 1989 Councilman Glazener moved to approve the minutes as written and Councilman Marks seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF APPROVAL OF CLOSING THE COLONY AQUATIC PARK ON MONDAYS DURING THE SUMMER SEASON FOR MAINTENANCE Councilman Harris pulled this item for discussion and asked about some information regarding daily counts at the Aquatic Park which he had requested at the Work Session when this issue was first brought to Council, going on to say that he wanted these numbers to be ensured that Monday is the best day to close the pool for maintenance. Bill Hall, City Manager apologized to Councilman Harris, stating that Ms. Brantley did prepare that report and that he (Hall) had failed to pass that information along to Council. Councilman Harris moved to table this item to the next regular session and Councilman Marks seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE GUIDELINES FOR USE OF THE COLONY CIVIC CENTER Councilman Marks pulled this item for discussion stating that he did not want to over book the Civic Center so that the Seniors can't use in on Sunday. Bill Hall said that currently no one uses the Civic Center on Sunday during the times set out in this proposal. Sylvia Brantley said this item was brought to the Park and Recreation Board and the Board does recommend approval. Ms. Brantley said that no one else has requested to use the building on Sunday morning, noting one group uses the building one Sunday evening a month for a covered dish supper. Councilman Marks said this could become an ongoing thing and the Seniors would not be able to use the center on Sundays. Councilman Harris asked if the guidelines to be established are the same as the schools use for church use of their facilities, and Ms. Brantley said they are. Councilman Glazener asked if the Seniors ever used the building on Sundays and Ms. Brantley said they do not. Councilman Glazener went on to say that this policy is merely a scheduling mechanism. Councilman Marks asked if anyone has asked the Seniors if they want to use the building on Sundays. Councilman Harris reminded Councilman Marks that this building is not only for the Seniors but for the whole city. Councilman Marks said yes, but churches can use schools. Councilman Harris said so can the Seniors, noting that the City has offered to coordinate the use of schools if the Seniors have a need. Councilman Marks asked if this was for 9 - 11 a.m. only and Ms. Brantley said that is the only request she had received. Councilman Marks asked what would happen if someone else asked to use it for church services. Councilman Glazener said each group would be handled individually. Councilman Marks again stated he did not want the building over booked so the Seniors can't use it. Mayor Amick asked how long the building had been open and how many times the building had been used on Sunday. Ms. Brantley stated the building opened in May 1988 and had been used maybe 3 times since then. At this time, Councilman Harris moved to approve the amendment to the guidelines and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. Councilman Harris asked if these requests would not be handled at a staff level and all agreed they would. D. CONSIDERATION OF APPROVAL OF METHOD OF OPERATION FOR THE CONCESSION STAND AT THE COLONY AQUATIC PARK -- Councilman Glazener moved to approve the operation of the concession stand by staff as presented and Councilman Marks seconded the motion which carried with a unanimous roll call vote. 5. CONSIDERATION OF AN AMENDMENT TO THE EMPLOYEE POLICIES AND PROCEDURES MANUAL REGARDING NEPOTISM Bill Hall stated there had been some concern regarding the verbiage in the Employee Policy and Procedures Manual dealing with nepotism. Mr. Hall stated that after Ms. Martinez, Personnel Director conducted an area survey recently, she had expressed the need to amend the handbook regarding nepotism, stating that a City-wide restriction is not practical for several reasons; )1 a small community 2) discriminatory to women. Mr. Hall said the policy currently states "The City Manager shall not approve .... the appointment of any member of the immediate family of any department head, manager, or administrator ... for any position in the City." and that the proposed amendment would read, "The City shall not approve ... the appointment of any member of the immediate family of any department head, manager, or administrator.., for any position in their respective departments." -- There followed a brief discussion regarding the verbiage in the City Charter regarding nepotism with regard to City Council and the City Manager, as well as this personnel policy. Agnes Foster said that she does not think the policy should be changed, stating that the City should be able to fill positions from a population the size of The Colony without using family members of employees. Ken Wood said he does not see a problem with the change. Councilman Marks asked why this was brought about, wondering if his questions some time ago about one of his relatives was the reason. Mr. Hall said that did raise some questions and prompted the survey of other cities. 003230 Agnes Foster asked how many employees the City has and how many are related. Mr. Hall said there are 157 employees and approximately 6 persons would be affected by this policy. There followed a lengthy discussion regarding nepotism in general and the pressure and problems.brought about by hiring and firing of relatives. Mayor Amick said that he did n0t think the policy should be changed due to problems he could foresee in the future. Councilman Marks asked if an employee marries their supervisor, will they have to move to another department and Mr. Hall stated they would have to do so within six months, which is outlined in another section of the policy and procedure manual. At this time, Mayor Amick asked for a motion. There being no motion the proposed amendment failed. 6. CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FUNDSNET, INC. FOR THE PAYMENT OF FINES AND BONDS Bill Hall said this item was being brought back after researching the "consequential damages" phrase, and stated the our attorney, John Boyle had checked the agreement and advised this is a standard "hold Harmless" statement, which means if there is a dispute or error in the required charges between the City and the Plaintiff that FundsNet is not responsible for any monies other than what is on the assessed voucher. Mayor Amick read the caption of the resolution as follows: A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CASH CALL REPRESENTATIVE AGREEMENT WITH FUNDSNET, INC. FOR THE PAYMENT OF FINES OR BONDS; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A", AND PROVIDING AN EFFECTIVE DATE Councilman Harris moved to approve the Resolution as written and Councilman Marks seconded the motion which carried with a unanimous roll call vote. 7. DISCUSSION OF AN ORDINANCE AMENDING APPENDIX A-ZONING OF THE CODE OF ORDINANCES RELATING TO SATELLITE AND RADIO RECEIVERS AND TRANSMITTERS Bill Hall stated that this ordinance had been discussed at a previous meeting and had generated several questions from Council as well as citizens. Mr. Hall said that the council had all received a packet of information from Mr. Bob Aiken, a local satellite dish dealer in which he made some valid points regarding the ordinance, one being that the FCC rules that a city cannot dictate where a dish can be located. Mr. Hall said this is a zoning ordinance and will require a hearing before P & Z and a Public Hearing before Council before it can be acted upon. Mr. Hall went on to say that the Council has 2 options; 1) no action at all, 2) refer to P & Z. Mayor Amick said that perhaps a committee should study this before it goes to P & Z so that P & Z doesn't have to get bogged down, and then suggested tabling this until after the elections. A gentleman from the North Texas Microwave Assn. said he agrees with the way the ordinance is written. Ken Wood said cities can get embroiled in a legal battle regarding this type of issue and that there is a large body of law which protects a persons's right to enjoy their property. Councilman Glazener said he wants to act on this ordinance now, without putting it in committee, noting the city needs to be cleaned up and at this time made a motion to approve the ordinance. Councilman Weaver seconded the motion. There followed a lengthy discussion regarding whether to act or not. Mayor Amick said he cannot recognize the motion, since the ordinance must go before P & Z and Council by way of a Public Hearing before formal action can be taken. Councilman Harris moved to place this item into committee and Councilman Marks seconded the motion. 003230 Councilman Glazener said we have discussed this ordinance twice why not just call the public hearing. Mayor Amick said he thinks the ordinance needs some changing before it is ready for a Public Hearing. At this time the motion carried with the following vote: Harris - Aye, Sipe - Aye, Glazener - No, Weaver - No, Marks- Aye, Amick - Aye. 8. CONSIDERATION OF A CHANGE ORDER TO SONGER CONSTRUCTION COMPANY FOR CONSTRUCTION CONTRACT ON FIRE STATION NUMBER ONE Van Morrison explained that dormitory lockers had been left out of the original specs for the building and that the change order is an add-on in the amount of $5147.00 for those lockers. Councilman Harris asked about mixing this cabinetry with the furniture. Chief Morrison said they will be matched. After a brief discussion, Councilman Harris moved to approve the change order and Councilman Weaver seconded the motion which carried with a unanimous roll call vote. 9. CONSIDERATION OF DONATION OF A BURROUGHS COMPUTER TO LEWISVILLE INDEPENDENT SCHOOL DISTRICT Mr. Hall stated the eleven year old Burroughs B-80 Computer at the utility department has been out of service since August 1988, going on to say that several attempts to find a buyer for the equipment had failed. Mr. Hall said that Ms. Carroll of the Utility Department then contacted Mr. John Baltzer, Industrial Electronics Instructor for L.I.S.D. regarding donating the Burroughs system to the district. Mr. Baltzer said they would accept the donation and would make arrangements for its transportation. Councilman Marks moved to authorize the donation and Councilman Weaver seconded the motion which carried with a unanimous roll call vote. 10. CONSIDERATION OF APPROVAL OF A SITE PLAN AS PRESENTED BY BRAUM'S ICE CREAM STORE, INC. TO BE LOCATED AT MAIN STREET AND CHOWNING CIRCLE Mayor Amick said he spoke with Bill Tyler of Braum's who asked that this again be tabled until the next regular session. The Mayor said Mr. Tyler did indicate that Braum's does still intend to build in The Colony, but they are looking at an alternate site plan. Councilman Harris noted that the City is not holding up this development. Mayor Amick agreed, stating that P & Z had recommended denial but the Council has never addressed the item due to Braum's requests to table each time. Councilman Weaver again clarified, the City Council is not holding up this development. Councilman Harris moved to table this item until May 1, 1989 and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. 11. CONSIDERATION OF ACCEPTANCE OF PROPOSAL FOR EXTENDED TELEPHONE SERVICE Mayor Amick said that Carroll Howard had presented a proposal to Council in the Closed Door Session from Southwestern Bell that would resolve the long standing EAS case which The Colony has with the Public Utilities Commission (See attachment "A"). Mayor Amick covered the proposed rates noting that if we accept this proposal the City does not have to go through the hearing before the PUC on May 15, 1989. Mayor Amick went on to state that if we do have the hearing there is no guarantee the rates will be as we expect, reminding everyone that Bell can then file a suite for lot toll revenue and our rate could be much higher. Mayor Amick said that a committee consisting of Councilmen Harris and Glazener, Carroll Howard, members of the Chamber and other business and private citizens had been working on this for several months and commended them for their efforts, noting that he feels this is a good settlement. Councilman Glazener noted that this service will be optional and the Mayor stated yes, that everyone will not have to take it. Carroll Howard stated the service will be available by January 31, 1990 instead of possible mid 1992 if we go through with the EAS hearing. Mr. Howard did stated that Frisco service will be delayed 8 - 10 months due to the equipment. There was a general discussion regarding rates and the savings this will be bring about. Councilman Harris moved to accept the proposal and Councilman Glazener seconded the motion. Councilman Marks asked if this should be advertised more. Councilman Harris said this has been pursue quite heavily and the committee has gotten the word out to everyone about the EAS case, with no objections from anyone. Mayor Amick said this is the best proposal we have seen. At this time, the motion carried with a unanimous roll call vote. Mayor Amick stated this committee would remain in tact until this case is completely finished. Mr. Howard named a few of the persons on the committee; Carol Chabinak-Ball, Bills Spears, Van Nichols, Jim Wisdom, and did not that all the cities involved in the case have to agree with the proposal as well as the PUC must approve. Mr. Bill Hall did explain that this action negates any rates quoted in a letter which had been mailed to all phone customers in The Colony, noting that the letter was a requirement before we could go before the PUC in the May 15 hearing, with which we had to comply. 12. RECEIVE REPORT AND CONSIDER RECOMMENDATION FROM THE CITY PROMOTION COMMITTEE Councilman Glazener said a copy of the final layout is in the Council packet for the City/Chamber promotion brochure. Councilman Glazener said the committee had received proposals for 5000 and 10,000, noting that the price for 10,000 would be much more economical and asked for Council approval of an additional $459.00 to have them printed. Councilman Glazener stated The Colony Leader Printing had been the low bidder and that is the recommendation. Councilman Harris moved to approve the recommendation and the additional funds, Councilman Weaver seconded the motion which carried with a unanimous roll call vote. Mayor Amick thanked the committee of Councilmen Glazener, Marks and Steve Withers and stated they should stay in tact until completion of the project. 13. RECEIVE REPORT FROM THE FOLLOWING COUNCIL COMMITTEES: GOLF COURSE COMMITTEE Councilman Harris said that the contract with Watson Golf Course Co. should be ready for action by May 1 with construction to begin as early as October 1989. REGIONAL WATER STUDY COMMITTEE Councilman Marks read a prepared report (see attachment "B") in which the committee did recommend staying in the Upper Trinity Municipal Water Authority. There was a brief discussion regarding the report and the recommendation with no action taken. Mayor Amick thanked the committee for their efforts. LOCAL OPTION ELECTION COMMITTEE Councilman Sipe stated that as of 2 weeks ago the petition is ready to be circulated and will be picked up this week along with flyers. ECONOMIC DEVELOPMENT COMMITTEE Councilman Glazener said the committee is made up of representatives from cities and LISD working on projects that benefit the southern portion of Denton County, noting that currently they are working on a videoto promote the area 14. CITY MANAGER'S REPORT 1. E 9-1-1 There will be a Public Hearing on the 88/89 Budget in Denton on April 20, 1989 at 7:30 p.m. 2. FM 423 The Highway Department has authorized funds to widen 423 from Chowning Drive north to the bridge to four lanes, with contract to be let in mid 1990. 3. The medians and other city landscaping is being weeded and cleaned up this evening. There was a discussion regarding the upcoming soccer tournament and Councilman Harris suggested directional signs to Turner Street Park. With no further business to address, Councilman Harris moved to adjourn and Councilman Glazener seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 9:45 p.m. APPROVED: Don A~i~k, Ma - ~ ATTEST: Patti A. Hicks, City Secretary [SEAL] Southwestern Bell Telephone d. B. King 206 S. Tennessee Area Manager - External Affairs i McKinney, Texas 75069 Phone: (214) 542-0033 McKinney, April 13, 1989 Dear City Council ~f The Colony, Mr. Carroll 'Howard has requested that Southwestern Bell put in writting it's verbal offer to provide the Frisco exchange optional EAS at EMS rates as follows: Present Local Rate EAS Additive Total Rate Residential .Single Line $8.35 $21.75 $30.10 Business Single Line $19.60 $52.75 ' $72.35 Business Hunting Line $23.20 $60.00 $83.20 Business PBX $3~..00 $82.50 $113.50 Hotel/Motel *$19.60 $42.90 *$62.50 * Plus 6' cents per outgoing local message Upon acceptance by the Frisco exchange and approval by the Public Utility Commission, Southwestern .Bell will provide optional EAS fo~ customers served by'SWB central offices in The Colony and Little Elm by January 31, 1990. The Frisco central office currently Serves Frisco customers with a step-by-step switch. It will be necessary to up- grade the Frisco central office to a new state-of-the-art digital switch in order to provide these customers with EAS. SWB will order Frisco a new central office switch and commit to installing and providing optional EAS to these customers no later than 16 months from Commission approval. ~. If I can be of further assistance please call me at (214) 542-0033. Sincerely Yours, ATTACHMENT "B". , UTRWA STUDY COMMITTEE April 10, 1989 Present: Noretta Sipe, Dick Weaver, Tommy Turner, & Joel Marks. This committee was charged with determining whether or not the City of The Colony should stay in the UTRWA. All Denton County cities and rural water suppliers are in the ' authority because it is an alternative t~ their future needs, i.e. waste water, solid waste disposal, water, or hazardous waste disposal. Alternative meaning that in as much as the Authority has not been formed yet, it is a wait and see situation. Our recommendation is to stay in for the following reasons: #1 There is always the possibility that the private contractor we use for solid waste disposal could cease operations tomorrow. We certainly do not anticipate that. As a member we have the alternative to use the UTRWA. #2 The cost to rejoin woul'd possibiy be prohibitive. #3 It is possible that once w~ dro, p out the Board of Directors would not re-accept us. We would prefer that the UTR.WA ~ake our package plant in lieu of payment for the 88-89 membe~hi~,~ues. As a result of our study we found'some very important needs in the 3 surrounding member ci~ies aad recommend the following: #1 2 Council members and Tommy Turner form a committee with Bill Hall as an advisor to investigate the feasibility of selling some of the uncommitted water from our Dallas water line to Frisco on an interim basis. #2 2 Council members and Tommy Turner form a committee with Bill Hall as an advisor to investigate the feasibility of joining Carrollton on the Indian Creek sewer line to increase the diameter of the pipe, for our convenience. Carrollton also has a need to provide water in its N.E. section which is just south of our southern most boundary. #3 2 Council members and Tommy Turner form a committee with Bill Hall as an advisor to investigate the feasibility of working with Lewisville on their need for pumping and ground storage from our Office Creek Pump Station. These recommendations will benefit The Colony in many ways. The sale of water to Frisco, Carrollton, and Lewisville will help pay off our bond indebtedness on the Dallas water line and pump station. Joining with Carrollton on the Indian Creek sewage line would significantly reduce our cost of sewage in 'the southern section of the city. In addition, it will ~elay the expansion of our existing sewage plant. If we can prqvide Carrollton with water, on an interim basis, for their N.E. ~ector, it~ would give us the opportunity to put water through <~ our southern section at a greatly reduced cost! This committee feels that this is the final report and would appreciate prompt ac.tion on our recommendations immediately following the city elections.