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HomeMy WebLinkAbout05/22/1989 City Council 00325 MINUTES OF THE CITY COONCIL MEETING HELD ON MAY 22, 1989 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. on the 22nd day of May, 1989 at City Hall with the following Council roll call: Don Amick, Mayor Present Rick Harris, Mayor Pro-rem Present Johnny Spears, Councilman Absent Noretta Sipe, Councilman Absent Steve Glazener, Councilman Absent Dick Weaver, Councilman Present Joel Marks, Councilman Present and with four present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE Mayor Amick led the audience and Council in the Pledge of Allegiance to the flag of the United States of America. 2. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD IN SAID CITY ON THE 20TH DAY OF MAY, 1989. Mayor Amick read the Ordinance in it's entirety as follows: CITY OF THE COLONY, TEXAS ORDINANCE NO. 589 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD IN SAID CITY ON THE 20TH DAY OF MAY, 1989, FOR THE PURPOSE OF ELECTING TWO COUNCILHEMBERS FOR SAID CITY; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council caused to be published in accordance with the laws of the State of Texas notice of the election held May 20, 1989, to elect a Councilmember for said City; and WHEREAS, notice of election was actually given as required by law; and WHEREAS, said election was duly and legally held on May 20, 1989, in conformity with the election laws of the State of Texas, and the results of said election have been certified and returned by the property judges and clerks thereof; and WHEREAS, the election returns duly and legally made showed that there were cast at said election 908 valid and legal votes, and that each of the candidates in said election received the following votes: FOR COUNCILMAN PLACE 2 Steve Withers 462 Laurie Manning 445 FOR COUNCILMAN PLACE 3 Michael G. Alianel/ 137 Sandra Pendergraph 111 00325O WHEREAS, pursuant to Section 7.04 of Chapter VII of the Home Rule Charter of the City, in order to be declared elected, a candidate must receive a majority of the legal votes cast for the office or place for which such person is a candidate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That each and every one of the recitals, findings and determinations contai~ed~in the preamble to this Ordinance are hereby repealed and incorporated herein as due, proper and formal findings and determinations of the City Council. Section 2. That it is further found and determined that the results of the election as canvassed and tabulated in the preamble reflect the expressed desires of the resident, qualified electors. Section 3. That the duly elected members of the City Council of the City of The Colony, Texas, elected May 20, 1989, for Councilmember Place 2 and Councilmember Place 3, subject to the taking of the oaths as provided by the laws of the State of Texas, are as follows: Councilmember Place 2 Councilmember Place 3 Section 4. That the public importance of this measure and the fact that it is in the best interest of the City to declare the duly elected officers of the City at the earliest possible date for the immediate preservation of the public peace, property, health and safety of the City and its citizens creates an emergency~'and~an ~imperative public necessity which requires that this Ordinance 'shall take effect and~. be in force from and after its .fin'al :pasSage and approval, and' i~ is accordingly so ordained. PASSED AND APPROVED this 22nd day of May, 1989. Don Amick, Mayor ATTEST: Patti A. Hicks, City Secretary APPROVED AS TO FORM: City Attorney Councilman Harris moved to approve the ordinance as written and Councilman Marks seconded the motion which carried with a unanimous roll call vote 3. ADMINISTERING THE OATH OF OFFICE TO COUNCILMAN PLACE 2 AND COUNCILMAN PLACE 3 Mayor Amick administered the Oath of Office to newly elected Councilman Place 2, Steve Withers and Councilman Place 3, Michael Alianell. Both men then took their places on the dais to loud acclamation from the audience. 5. DISCUSSION OF A REQUEST FROM MUNICIPAL COURT JUDGE JOHN ROLLER REGARDING SALARY Judge Roller was present and addressed the Council stating he is not requesting a raise, but to be compensated with funds already in the budget. Judge Roller said he does not feel he is being paid for jury trials. He said he has almost daily contact with the Court Clerk and weekly contact with the police department. The Judge said his $600.00 salary covers two court nights and the above contact with staff and requests an additional $100.00 per jury trial. There followed a lengthy discussion regarding the pros and cons of 3 sessions or 2 sessions. Mayor Amick said the Judge was originally hired to work 3 sessions a month and the $600.00 was agreeable for 3 sessions, now the Judge is holding only 2 sessions a month for the same $600.00. Councilman Harris suggested referring this request to the Personnel Committee for a recommendation at the June 5, 1989 meeting. All agreed. Judge Roller asked if there are any problems with court and Mayor Amick said he was not prepared to go over that at this meeting. 4. CONSIDERATION OF A RESOLUTION OBJECTING TO LEGISLATION WITH RELATION TO THE UPPER TRINITY REGIONAL WATER AUTHORITY Mayor Amick said there is no resolution to be acted upon, however, this item had been on for discussion at the request of Councilman Weaver. Councilman Weaver said that Robert Powell's main complaint had been that the citizen's would not have a vote regarding the board of this authority, going on to say that Mr. Powell feels there is a difference of opinion between the board and the Denton County Tax Payer's Association. Councilman Weaver said he attended Denton County Commissioner's Court today and this issue was discussed at length after which the Court decided not to withdraw their support of this legislation. Mr. Tom Taylor representing the UTRWA was present and addressed the Council, stating all the cities in Denton County are in favor of this legislation. Denton County Commissioner, Lee Walker was also present and stated that 2 or 3 very small towns are the only ones not in favor, going on to say that this has been worked on for over 2 years and if these complaints had come earlier in the process then this issue could have been voted on, but now it is just too late. Commissioner Walker noted that this plan had been submitted to the National Association of Counties and that they(the board) will be receiving an award. Councilman Harris noted that Mr. Powell had not been elected by the people either, going on to say he is still concerned about the taxing ability of this authority, stating he had heard only the users will pay. Mr Taylor said the legislation prohibits the district from assessing any taxes, noting there are some MUDs being created around the county and they do have taxing ability, but that will require 3 elections in those jurisdictions; 1) certify district, 2) levy taxes, and 3) elect board members. Councilman Harris asked if Little Elm puts in a water plant will it cost The Colony and Mr. Taylor said no, only those who use the service will pay. Councilman Harris asked how many paid members are on the board and Mr. Taylor said none, noting that he is paid as a consultant and has been from the beginning of the project. Mr. Taylor said there is one member on the Board for every participating public agency and one from the county. Mayor Amick said this legislation has already passed the House and the Senate and is just waiting for the Governor's signature, going on to say that he had read Mr. Powell's letter and had the City Manager and City Secretary conduct some research and sees no reason to object to the legislation. Councilman Harris agreed, stating he still has some questions, but could se4e no benefit in passing a resolution. Mayor Amick called a 5 minute recess and informed the public they were welcome to stay and attend the work session portion of this meeting. At 8:00 p.m. the Council re-convened in a work session and discussed the following item: 6. WORK SESSION TO DISCUSS A SITE PLAN AS PRESENTED BY BRAUM'S ICE CREAM STORE, INC. Mr. Bill Hall gave a brief overview of the process so far and stated that tonight should be an all new presentation, noting that staff and Council has been working with Braum's for some 00325 time, stating there had been some questions from P & Z regarding egress and ingress, and there had been several discussions regarding traffic flow in the area and onto Chowning Cir. Mr. Hall did say that there are now "No-Through Traffic" signs on Chowning Cir., noting the new plan has one opening on 423 and two on Chowning. Mayor Amick said it looks like the same basic plan as was presented at the very first Council meeting except there was only one opening on Chowning and 2 on 423 at that first meeting. Mr. Bill Tyler from Braum's said this is correct. Mayor Amick asked if Braum's is satisfied with this plan. Mr. Tyler said the Braum's family is harder to sell on a site plan that The Colony P & Z and that they are satisfied. Councilman Weaver said he thought the residents of Chowning would be better satisfied if the plan only allowed one opening on Chowning and 2 on 423. Mayor Amick said he doesn't think the Council has a problem with that plan. Mr. Tyler said he would go back to the Braum's family and present that. Councilman Marks said he did not think the 15' drive in front of the store should be closed for safety sake. There~followed a length discussion regarding the width~ of the drives,~ie, 25' 30' 40' , ,. Braum's prefers 40', however the plan right now allows 25' drives. There followed more discussion regarding the site in general. Mayor Amick said he proposes to go with the two openings of 25' on 423 and one opening in the back onto Chowning and if Braum's wants to try for a 30' opening, they will have to go back before the Board of Adjustment and Appeals. Mr. Hall suggested that the Council make a written recommendation to that Board stating the 30' drives would be in the best interest of the City due to the safety factor. It was also agreed the 15' drive in the front be left open. It was agreed this item should be placed on the June 5, 1989 Council agenda for action. With no further business to address, Councilman Withers moved to adjourn the meeting, and Councilman Harris seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 8:50 p.m. APPROVED: Don Amic~, M~yo~~- ATTEST: Patti A. Hicks, City Secretary [SEAL]