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HomeMy WebLinkAbout09/18/1989 City Council 003345 MINUTES OF THE CITY COUNCIL MEETING HELD ON SEPTEMBER 18, 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 18th day of September, 1989 at City Hall with the following Council roll call: Don Amick, Mayor Present Rick Harris, Mayor Pro-tem Present Steve Withers, Councilman Present Mike Alianell, 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 2G, REGARDING PERSONNEL, TO-WIT: A. 1989/90 BUDGET - PERSONNEL PACKAGE Upon reconvening in open session at 7:35 p.m. the following items were addressed: 2. PLEDGE OF ALLEGIANCE Mayor Amick led the Council and audience in the Pledge of Allegiance to the flag of the United States of America. 3. CITIZEN INPUT Ken Wood, 5000 N. Colony Blvd. advised the Council that this week's agenda was not on the cable Channel 18 and that The Colony's Proclamation regarding EMS week was not included in an exhibit at Golden Triangle Mall of other cities' proclamation. Mr. Wood also asked if the Council could clarify the legal documents he had received in the mail. Mayor Amick said the documents are related to an old class action law suit filed by some citizens of The Colony and Fox & Jacobs several years ago, which has now been settled, going on to say that the City has nothing to do with it and it does not relate to EAS in any way. Robert Allen, 5012 Arbor Glen stated he is addressing the Council due to an article he read in last Tuesday's Colony Leader regarding the truck parking ordinance. Mr. Allen said he does drive a truck and is on an hourly schedule, going on to say he has lived in The Colony 5 years and that he does come into town for lunch or break and that he has left his truck in the Wal Mart parking lot and gone to his residence to eat. Mr. Allen said he had approached Brookshires, Wal-Mart, Chief Auto and 7-11 and they had said they have no problem with him parking his truck there. He said he is there about 30 - 40 minutes and then is gone, but asked if this new ordinance, would he not be allowed to do this anymore and if so he wanted to bring up another point. Mr. Allen then said he understands the police officers and fire Marshal take their city cars home for prevention of crime purposes, but he asked if any of the Council had noticed, in the last 5 years, a police officer pulling up to Brookshires in an unmarked police car and loading groceries into it, or if they had noticed a city utility department truck doing the same. Mr. Allen went on to ask if any of these vehicles, which our taxes pay for, and the fuel, have been noticed driving out of the city to watch a soccer tournament with the driver's family in the car. Mr. Allen said he thinks this is in reality almost the same thing, stating he spends 45 minutes of his lunch break or 15 minutes of his break at his private resident and moves his rig out, but yet this police officer, as long as he wants to, packs his groceries, etc., uses our tax money to drop his kids off at school. Asking if this isn't private use of a vehicle. Mayor Amick said the city has always had a take home car policy and the city has always encouraged police officers to use the cars when they're off-duty around the city for personal business, stating the reason for that is that numerous studies have shown that high visibility of police cars in the community help hold down crime problems and that's why the police use them (cars) for personal business in the community. The Mayor went on to say the Council is aware of this police and that the policy has been in existence perhaps as long as the city has existed as a government. Mr. Allen asked if that is saying that (our) taxes will continue to pay for the extra fuel for this. Mayor Amick replied yes. Mr. Allen said he understands that the officers are on patrol too, stating we do have officers on patrol and asking if the Mayor meant that maybe there's not enough police officers and they have to use them (cars) for private usage. Mayor Amick said no, what he is saying is a number of studies have shown it is in the best interest of the community to have a take home policy for police cars to maintain high visibility of police cars in the community. The Mayor said we've been aware of this and it has been a policy since the City began. Mr. Allen asked if it will stay and the Mayor said it will. Councilman Marks said Mr. Allen called him the night before and discussed this, and he thinks Mr. Allen is trying to say he's a little concerned with the fact that the vehicles are being taken out of the City; to Irving, Dallas, all over, going on to say that bothers Mr. Allen because our tax dollars are being spent in that way, yet he can't come home and have lunch just because he drives a truck. Councilman Harris said he looks at these as two totally unrelated items, stating that whether Mr. Allen can come home and park for his lunch hour has nothing to do with a Council policy to permit police officers to use their vehicles on personal time however the Council and City staff says they can. Councilman Harris said that has nothing to do with his (Allen's) parking problem, going on to say he is not sure if that parking problem is covered by the ordinance, stating if he (Allen) pulls up there to stop and runs into 7-11 or whatever, that maybe O.K., but they two are totally unrelated and have nothing to do with each other. Councilman Harris said he thinks this matter was brought up just to be used as leverage to permit someone to do something we (the Council) passed an ordinance against, again stating they have nothing to do with each other. Mayor Amick agreed, stating they are totally unrelated and that the policy has always been for police to use their cars for personal business within the confines of the community and there are exceptions whereby an officer is on-call, but not on active duty when the car can be taken out of the city for response purposes, into neighboring cities. The Mayor said as of this date, we have not had a problem with it and in fact it has worked very well, going on to relate an incident where burglars were apprehended because the Chief of Police was able to respond in his unmarked police car, even though he was off-duty. Similarly, the Mayor said there have been times when in a crisis calling for numerous vehicles, those persons off-duty were able to respond. The Mayor said again, this has been found to be a good policy and it has been in force for quite a few years and has nothing to do with the ordinance just passed. Mayor Amick said he will stand behind the policy as long as he is Mayor. Councilman Withers asked if the radios in the cars are monitored even though the officers are off-duty and the Mayor said they are, stating some officers even monitor the radio in their homes. Councilman Withers too agreed with Councilman Harris regarding these two items being unrelated. Mr. Allen said he understands the two are different, but asked if the ordinance passed means he cannot leave his truck at Wal Mart or anywhere in The Colony, go to my private residence for lunch and go back to my vehicle, asking if the ordinance is for overnight parking only. Mr. Hall said he would be glad to clarify the ordinance if Mr. Allen would call him, that he did not have a copy of the ordinance with him. Mr. Allen said he tried to get a copy of the ordinance today, but could not. Mr. Hall asked if he called City Hall and Mr. Allen said no. Mayor Amick said Mr. Allen could get a copy of the ordinance after the meeting is over. Councilman Withers asked if there is a potential problem with the retailers not understanding the ordinance. Mayor Amick said the retailers are the ones who asked the City to take responsibility for this problem. Councilman Marks said one thing has him confused and asked if it is a policy that theF (officers) can take their city vehicles out of the city; police and fire. Mayor Amick said only when they are on duty in terms of stand-by, they are permitted to do so. Councilman Weaver said, but not to a soccer game. mayor AMick said if he (an officer) wants to go to a soccer game in Carrollton and he is on-duty and can respond in 15 - 20 minutes there is not a problem. The Mayor said this can be addressed at another meeting, that it should not be debated during Citizen Input. Charles Islas, 5532 Rajah addressed the Council regarding a letter he had written Councilman Marks in which he outlined 3 steps he feels the city should take to fight the drug problem in The Colony; 1) Classroom Project, 2) Community Effort, 3) Follow Through. (See Attachment "A") Mayor Amick said the city would be glad to help in the fight in anyway, and that he had been planning to appoint an Chemical Awareness committee, and asked Mr. Islas if he would be willing to serve on such a committee. Mr. Islas said he would and left his phone number with the City Secretary. Mayor Amick advised Mr. Islas also of the School Resource Officer placed at the High School which is helping in this area. 4. MAYORAL PROCLAMATIONS: Mayor Amick read the three proclamations in their entirety. PROCLAIMING SEPTEMBER 22, 1989, AS AMERICAN BUSINESS WOMEN'S DAY IN THE COLONY, TEXAS WHEREAS, approximately 57 million working women are integrally involved in determining the directions in which the private and public sectors of this country will move; and WHEREAS, these enterprising women hold active, responsible positions on all levels of business, and will play an increasingly powerful role in the American work force; and WHEREAS, the American Business Women's Association, a national educational association of employed women, believes that the enormous effects of today's dynamic concerned - not only the more than 100,000 members of the Association, but all working women; and WHEREAS, women have made an important contribution to building the strength and greatness of the United States and all evidence indicates that the American businesswoman will continue her significant contribution to the progress of our nation; In salute to the 57 million American businesswomen for their contributions to the private and public sectors of this country; NOW, THEREFORE, I, Don Amick, Mayor of The Colony, Texas, proclaim September 22, 1989, as American Business Women's Day in The Colony, Texas. IN WI~ES$ W~EREOF, I have hereunto set my hand and caused the seal of the City of The Colony, Texas to be affixed this 18th day of September, 1989. Don Amick, Mayor Elizabeth Moore and Celeste Reynolds, members of the American Business Women's Association accepted the proclamation 003340 and Ms. Reynolds thanked the Mayor and Council for the Proclamation. Ms. Moor advised that since last year there has been a chapter formed in The Colony and that there will be a convention in Dallas in 1990. DESIGNATING OCTOBER 1, 1989 AS CAREFLITE DAY IN THE CITY OF THE COLONY, TEXAS Wq~EREAS, CareFlite, a 24-hour emergency helicopter ambulance system that serves the residents of North Central Texas is a 110 County area, will have completed ten years of service on October 1, 1989; and WHEREAS, CareFlite, an air emergency intensive care unit designed to bring patients requiring immediate emergency treatment at a major medical center from less populated areas, became fully operational on October 1, 1979; and WHEREAS, the program, based at Baylor University Medical Center of Dallas, Harris Methodist Fort Worth, Methodist Medical Center of Dallas and Presbyterian Hospital of Dallas, has transported more than 10,000 patients in its ten years of operation; and, WHEREAS, with its speed and its specially trained crew of pilots, nurses and paramedics, CareFlite minimizes total transport time for critically ill patients which results in increased patients which results in increased patient survival; and W~EREA$, the helicopter is enroute to the scene within five minutes after receiving the call, stabilizes the patient on the scene and transports the patient to the hospital within minutes; and WHEREAS, CareFlite is operated by North Central Texas Service, Inc., a nonprofit organization; and W~EREAS, in recognition of the tenth anniversary of service of CareFlite to the metroplex and to North Central Texas: NOW, THEREFORE, I, Don Amick, Mayor of the City of The Colony, do hereby designate October 1, 1989, as CareFlite Day in the City of The Colony, Texas. Don Amick, Mayor Hank Trachta accepted the proclamation and said that as a paramedic for The Colony and a pilot for CareFlite he knows what a vital link CareFlite is and that the support is appreciated. PROCLAIMING THE COLONY TRIATHALON III, A WORTHWHILE ENDEAVOR FOR OUR COMMUNITY W~EREAS, the City Council of the City of The Colony, Texas recognizes the importance of City Wide functions; and WHEREAS, the use of City parks and facilities is encouraged for those functions; and W~EREAS, The Colony Triathalon III will begin with a 300 yard swim at the Aquatic Park, a 10 mile bike ride through Stewarts Creek Park, and end with a 3 mile run: I, DON AMICK, Mayor of the City of The Colony, Texas do hereby proclaim THE COLONY TRIATHALON III, to be held September 23, 1989 in the City of The Colony, a worthwhile endeavor for our community and urge all our citizens to participate and enjoy this very special occasion. Don Amick, Mayor City of The Colony, Texas 00334 B.J. Dierks, a volunteer for the event accepted the proclamation and thanked the Mayor and Council for this support, stating the Triathalon will be better this year and every year. Councilman Glazener invited everyone to attend noting there were 217 entrants so far. 5. CONSENT AGENDA Mayor Amick summarized the items on the Consent Agenda. A. CONSIDERATION OF AN ORDINANCE ADOPTING A THOROUGHFARE PLAN FOR THE CITY OF THE COLONY, TEXAS Councilman Marks moved to approve the ordinance and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS; AMENDING CHAPTER 10, ARTICLE III, RELATING TO FOOD AND FOOD ESTABLISHMENTS Councilman Marks moved to approve the ordinance and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. 6. CONSIDERATION OF A RESOLUTION NOMINATING A CANDIDATE TO SERVE ON THE DENTON CENTRAL APPRAISAL DISTRICT Mayor Amick recommended tabling this item until input can be received from other cities. Councilman Harris moved to table this item to a later date and Councilman Alianell seconded the motion which carried with a unanimous roll call vote. 7. CONSIDERATION OF AN ORDINANCE LEVYING THE AD VALOREM FOR THE YEAR 1989 Mr. Bill Hall, City Manager stated that this ordinance must be passed before the budget is adopted, noting that the tax rate remains the same this year as last year at $.74 per $100.00 valuation. Mayor Amick said he saw no reason to read this ordinance twice and proceeded to read the caption as follows: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE YEAR 1989 AT A RATE OF $.74 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY AS OF JANUARY 1, 1989; TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST; AND DECLARING AN EFFECTIVE DATE. Councilman Alianell moved to adopt the ordinance and Councilman Harris seconded the motion which carried with a unanimous roll call vote. 8. CONSIDERATION OF AN ORDINANCE ADOPTING THE MUNICIPAL BUDGET FOR THE 1989/90 FISCAL YEAR Councilman Weaver moved to table this item until further work sessions on the budget are held. Councilman Marks seconded the motion which carried with a unanimous roll call vote. 9. CITY MANAGER'S REPORT Bill Hall explained the meaning of the documents received by most residents of The Colony today (same documents mentioned by Mr. Wood during Citizen Input). Mr. Hall stated that this is notifying everyone of the settlement of a class action law suit filed about 12 years ago by three citizens in The Colony, in regard to Fox & Jacobs and Lone Star Telephone Co. Mr. Hall went on to say that Fox & Jacobs formed the Lone Star Telephone Co. so that the residents of the newly formed The Colony could have metro service and Southwestern Bell, A T & T and General Telephone had blocked the formation of that company, thus denying the residents a chance for long distance service. ADDITIONAL AGENDA ITEM 10. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR OVERHAUL OF ONE U.S. ELECTRIC 125 HP MOTOR AND ONE GOULD 12 X 14 HMO PUMP IN THE WATER DEPARTMENT Mr. Hall said there were two bids received and opened Friday for repair to a high service pump in the water department. Mr. Hall said this had been a budgeted item, but due to the cost, and the new legislation regarding purchasing, we had gone out to bid. Mr. Hall said the recommendation is to award the bid to the Iow bidder, Shermco, Ind. at $5039.00. Councilman Marks moved to accept the bids and award the bid to Shermco, Ind. in the amount of $5039.00. Councilman Harris seconded the motion. Councilman Marks asked about the warranty. David Yordy said he would provide the City Secretary with a copy of the warranty, which is normally 30 days on repairs. Councilman Harris asked if the new legislation is going to cause us to delay having work done because there is no Council meeting at which to address bids. Mr. Hall said that could happen and Mr. England said there is an emergency clause in the legislation. At this time the motion passed with a unanimous roll call vote. !1. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE OVERHAUL OF ONE U.S. ELECTRIC 125 HP MOTOR AND ONE GOULD 12 X 14 HMO PUMP IN THE WATER DEPARTMENT Councilman Alianell moved to approve the ordinance and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. Mayor Amick took this time to advise the Council of the recommendation to form a Building and Standards Commission. The Mayor asked the Council to let the City Secretary know by the next day if they are in favor of establishing the board or not and if they are in favor of allowing the Board of Adjustment and Appeals members serve in both capacities. 8:40 p.m. - At this time, Mayor Amick announced the Council would go back into Closed Door. 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2G, REGARDING PERSONNEL, TO-WIT: A. 1989/90 BUDGET - PERSONNEL PACKAGE After reconvening in open session, with no business to address, Councilman Harris moved to adjourn and Councilman Alianell seconded the motion, which carried with all members voting Aye. Mayor Amick adjourned the meeting at 9:50 p.m. APPROVED: Don A~ick, May~ 00885z ATTEST: Patti A. Hicks, City Secretary [SEAL]