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HomeMy WebLinkAbout10/16/1989 City Council 003371 MINUTES OF THE CITY COUNCIL MEETING HELD ON OCTOBER 16, 1989 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. on the 16th day of October, 1989 at City Hall with the following Council roll call : Don Amick, Mayor Present Rick Harris, Mayor Pro-tem Present(Arrived 7:45 pm) 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. 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. 2. CITIZEN INPUT Mayor Amick took this time to read a Proclamation as follows: WHEREAS, there are 30 ,000 blind people in Texas dependent upon a white cane or a leader dog; and WHEREAS, Governor Bill Clements has proclaimed the week of October 16 - 22, 1989 as Lions White Cane Week; and WHEREAS, Lions Clubs seek to acquaint the public with its obligations to the people who use the leader dogs or white canes, and to assure public recognition and observance of the law protecting persons using these symbols; and WHEREAS, the International Association of Lions are interested in sight conservation 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 October 16 - 22 , 1989 , 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 caused the Official Seal of the City of The Colony, Texas to be affixed this 16th day of October, 1989. Don Amick, Mayor ATTEST: Patti A. Hicks, City Secretary Robert Poynter , President of the Lions Club and White Cane Committee members Jerry Kirsch and Jerry Grimshaw accepted the Proclamation and gave Mayor Amick a white cane ( for a small 00337o donation) . Don Chavez, 5141 Ragan asked the Council if the buttons which had been removed on Hwy 121 at the intersection of 423 were going to be replaced, stating that cars are veering into the wrong lane and that he is afraid there will be an accident there. mayor Amick said he didn ' t know if the buttons would be put back. Chief Nick Ristagno said he assumes that after the State re- surfaces the roadway they will replace the buttons. Mayor Amick directed the Chief to check with the State regarding this. Mr . Chavez also asked if the city would have a screening process to check Halloween candy for children. Mr. Hall said there is no program in the City but that some hospitals have opened that type of service and that he will check with the local medical facilities regarding that. Theda Swiger , asked if any progress had been made on the ordinance regarding truck parking in the shopping centers. Mr. Hall said that a notice is being placed on the trucks, signs have been posted and the ordinance is in effect and will be enforced as of this date. Mrs. Swiger asked if there was any alternative. Mayor Amick said the only place in the city would be industrial or light industrial areas. Mrs. Swiger asked if the ordinance could be amended to allow parking at the Animal Shelter. mayor Amick said the citizens can request a zoning change to start that process . Mr. Hall said access to that area is not good, citing the black top road and dirt parking lot. Vivian Bedell , 5069 Thompson, said she had circulated a petition for school children to sign and had sent it to Braums to encourage them to come into The Colony. Ms. Bedell said she had spoken to Mr. Bill Tyler of Braums who had stated the petition had been a waste of time, stating Braums is not coming into The Colony and probably won' t for at least 2 years. Ms. Bedell asked the Council what the City had done to create a hassle so that this company will not come into the City. Mayor Amick explained the entire process with Braums and that when the last work session had ended , the Council had felt all was settled and Braums would be coming in . Bill Hall cited the width of driveways, problems with the alleyway and residents ' protests and some of the areas addressed in the Braums case. Ms. Bedell said she is aware of those things, but asked if the city can do something up front to let businesses know what is expected of them. Mayor Amick said Braums was told but the company wants cheap land and little or no engineering requirements. The Mayor said their case failed at P & Z and BOA, but if it had come before the Council at that time, it probably would have passed, going on to say that Braums did not show up when scheduled so the case was tabled. The Mayor said he spoke to Mr. Tyler, who said the driveway width was a problem, and that Braums had other priority locations that did not have as many restrictions. Ms. Bedell said if that is what happened then she does not have a problem with the process. Kathy Phillips , 5085 Roberts, reported that Triathalon III on September 23 , 1989 had 282 entrants and 244 participants. ms. Phillips said the gross amount was $4963. 00 and that the PARDNERS hope to purchase a Park and Recreation Software Program, a glass enclosed bulletin board , an easel , bike racks, routing signs, markers and a P.A. system. Ms. Phillips said the date for the 1990 Triathalon will be September 15 , 1990 and there will be an open water swim. Ken Wood , 5000 N . Colony, announced the Boy Scout District Camporee on November 4 , 1989 in Lewisville. Mr. Wood said the local scouts had practiced camping at Stewarts Creek Park and that they appreciated the cooperation Sylvia Brantley had given the. Mr. Wood said the boys picked up trash and garbage on the shoreline before they left. Joel Marks , said he had received several calls from truckers 010 313 i asking for temporary parking . Councilman Harris said he had asked Bill Hall for parking ordinances from surrounding cities, ie , Plano , Lewisville and Carrollton and that not one provides parking for trucks, going on to say it is not up to the city to do so. 3. CONSENT AGENDA Mayor Amick summarized the items for the Council and the audience. A. CONSIDERATION OF APPROVAL OF MINUTES OF THE COUNCIL MEETINGS HELD SEPTEMBER 11 , OCTOBER 2 AND 9 , 1989 Councilman Weaver said that in the October 2 minutes it reflected Ms. Jeannie Corley stating that Mr. Burka is head of the roll back for Denton County Tax Payers Petition. Councilman Weaver said that is not true, Mr. Burka is not the head, stating that in 1986/87 when the petition was initiated, I (Weaver) was president of the Tax Payers Association. Mayor Amick advised Councilman Weaver that the minutes could not be changed to make someone ' s statement true, but that the correction is so noted at this time and will be in the minutes of this meeting. Councilman Marks noted that on the September 11 , 1989 minutes Mr. Hall had said the property owners had said the truck parking ordinance was O.K. Councilman Marks asked who owns the property. Mr. Hall said there are several owners. Councilman marks said Mr. Walton is not in favor of this ordinance. Mayor Amick asked if Councilman Marks had a correction to the minutes. Councilman Marks said he did not. Councilman Harris moved to approve the minutes as written and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF APPROVAL OF THE NAMING OF STREET "G" IN NORTHPOINTE PHASE III , MADISON DRIVE Councilman Harris moved to approve the naming of Madison Drive and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF AN ORDINANCE DIS-ANNEXING THE HEREAFTER DESCRIBED TRACT OF LAND FROM THE CITY OF THE COLONY: A TRACT OF LAND GENERALLY LOCATED WEST OF ETHRIDGE DRIVE AND NORTH OF STEWARTS CREEK PARK, KNOWN AS THE BEACH AND TENNIS CLUB Councilman Harris moved to approve the ordinance as written and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF THE ACCEPTANCE AND AWARD OF BIDS AND THE APPROVAL OF AN ORDINANCE AUTHORIZING THE PURCHASE OF CONSUMABLE SUPPLIES , INCLUDING: OFFICE SUPPLIES; GASOLINE AND DIESEL FUEL; BRAKE PADS AND SHOES; FILTERS; SPARK PLUGS; BELTS; OIL; CHLORINE; AND METER BOXES Bill Hall explained that SB 1434 dictates using the bidding process for all purchases over $5000.00 in one year, noting the urgency for approval of some of these items due to the need for various supplies. Councilman Marks asked the difference in the two office supply bids other than the discount prices offered by Super Office Store, and the cost impact had been calculated, stating that he would rather keep the business in Denton County. Mr. Hall explained that we had compared the catalogs and prices on several individual items and that the City Secretary, Patti Hicks had spent several hours Friday evening and this morning ensuring that the recommendation was indeed the best bid. Councilman �rY 003376 Marks asked how much money we would spend in the coming year on office supplies and Ms . Hicks stated around $ 20 , 000 . 00 . Councilman Marks asked the difference in discounts. Ms. Hicks responded stating the discounts offered by Super Office Store range from 30% to 77% off a list of 75 most used items and then a flat 25% discount on all other items, whereas the other bidder, Lewisville Office Supply offered a flat 35% discount, stating when using the contract pricing on the standard items there is really no comparison. Councilman Marks stated he didn' t see how a business could operate selling pens at 95% off and the Mayor said that is their problem. Councilman Harris said that staff had made the recommendation and he felt the Council should accept it. Councilman Harris moved to accept the bids and award as recommended by staff, authorizing contracts for the purchase of all items listed. Councilman Alianell seconded the motion which carried with a unanimous roll call vote. 4. CONSIDERATION OF A RESOLUTION URGING THE TEXAS RAILROAD COMMISSION TO AMEND CHAPTER 5 , OF THE TRANSPORTATION REGULATIONS , TO ALLOW THE CITY OF THE COLONY TO BE CONSIDERED A SUBURB OF DALLAS COUNTY, ALLOWING SERVICE OF THE SUPER SHUTTLE INTO THE COLONY Mayor Amick read the caption as follows : A RESOLUTION OF THE CITY OF THE COLONY , DENTON COUNTY , TEXAS URGING THE RAILROAD COMMISSION TO AMEND CHAPTER 5 OF THE TRANSPORTATION REGULATIONS ; TRANSPORTATION DIVISION; SUB-CHAPTER M RELATING TO MOTOR BUS COMPANIES , 16 TAC, SECTION 5.249; ALLOWING THE CITY OF THE COLONY TO BE CONSIDERED A SUBURB OF DALLAS COUNTY AND PERMITTING EXPANSION OF SERVICES OF THE SUPER SHUTTLE TO INCLUDE THE COLONY, PROVIDING SERVICE TO AND FROM DALLAS/FORT WORTH AIRPORT Councilman Harris moved to approve the resolution and Councilman Glazener seconded the motion . Marie Keith representing the Super Shuttle was present to answer questions. Councilman Glazener asked her if the Shuttle wants to come into The Colony and Ms . Keith said yes , they are very eager . Councilman Glazener asked why the City has to lobby and ms. Keith said the Shuttle needs the City ' s support with the Railroad Commission and that is easier to have The Colony treated as a suburb of Dallas County rather than to permit the service into The Colony, going on to say that each van has to be permitted and there are over 100 vans. Councilman Glazener related his call to the Shuttle in May and his letter in July, noting the agents said it is the fault of The Colony Council and Ms. Keith said the agents don' t always don' t the answers. Councilman Glazener asked if the Commission does not allow this request will the Shuttle pursue this service anyway and Ms. Keith said they would. Ms. Keith said if this is approved, the vans can pick up residents at any address and there would be a maximum of two stops after the first pick up. At this time, the motion passed with a unanimous roll call vote. 5 . CONSIDERATION OF ACCEPTANCE A RIGHT-OF-WAY DEED FOR 0 .073 ACRES FROM FOX AND JACOBS , INC . FOR THE PURPOSE OF MAINTAINING ALLEY PAVEMENT AND/OR UTILITIES Mr. Bob van Til said this was overlooked in an earlier plat process and that the alley is needed to round out the flow of traffic . Councilman MArks asked if this is an access to Fox Drive and can it access Usher and Twitty Drives , stating he thought there would be no alley onto Twitty. Councilman Harris said there had always been an alley at that location. Councilman Glazener asked if a traffic study had been done and Mr. van Til said yes, and that eventually we may need a light at Taylor and N. Colony, but probably not until the turn of the century. Councilman Marks asked if the residents in the area had been 0 0337 surveyed and Mr . van Til said he had done no research . Councilman Marks went on to say he remembered when this matter came up and that there was some concern over a safe school route asking if that is not a concern any more, stating the alley and Twitty St . were closed then and now the alley is open . Councilman Marks moved to table this item until the residents can be informed. The motion was seconded by Councilman Weaver and failed with the following vote: Harris - No; Withers - Aye; Alianell - No; Glazener - No; Weaver - Aye; Marks - Aye; Amick - No. Councilman Harris then stated the people should have bee notified originally what was going on , stating the alley has always been there. Mr. van Til agreed. Mayor Amick asked if this is the same as the original but now is connected to Fox Dr. and Mr. van Til said yes; and Councilman Harris noted it is now staggered, not straight. Marc Stone , 7036 Northpointe Dr. asked if this would alleviate traffic leaving Northpointe, and Mayor Amick said it is not designed to do so but it may. Mr. Stone asked if the police department monitors speeders in that area, noting there are lots of them. mayor Amick said all speed limits within the city are 30 miles per hour unless otherwise posted. Mr. Stone said it seems lots of issues are left up to F & J such as buttons on N. Colony. Mr. Hall said this phase will be buttoned by F & J, but the older section will be done by city when the budget allows. Steve Stolte, F & J, part of the reason for the alley, is that it is a strip of land saved behind the church for a T access and it was not used; noting F & J felt it would be better used as an alley. Mr. Stolte said it had been moved as far away from Twitty as possible . Councilman Alianell moved to approve the deed and Councilman Harris seconded the motion, which carried with all members voting Aye except Marks who abstained. 6. CONSIDERATION OF APPROVAL OF FINAL PLAT ON NORTHPOINTE PHASE III AS PRESENTED BY FOX AND JACOBS, INC. Councilman Alianell moved to approve the plat as presented and Councilman Harris seconded the motion . Councilman Marks asked about landscaping and wall , noting complaints regarding the easements not being maintained. Mayor Amick said the developers are not under obligation until they are ready to turn the property over to the city. Bill Hall said the landscaping and wall are part of the plat and the medians are part of the construction phase. Mr. van Til said they will start when the C.O. for the houses are issued and Mr. Stolte said the screening wall cannot be put in until the construction is done in Phase II , going on to say that in Phase III the wall and landscaping will be in before the C.O. ' s are issued. Marc Stone asked about the buttoning and Mr. Hall said the buttoning from Morningstar to the railroad is not planned at this time. Mayor Amick said that was an oversight and Mr. Hall said it was primarily due to economics . There followed a brief discussion regarding completing the buttoning on N. Colony. At this time the motion on the floor passed with all members voting Aye, except Marks who abstained. 7. REVIEW AND CONSIDERATION OF APPROVAL OF PROPOSAL FOR SCHOOL CROSSING SIGNAL LIGHTS AT GRIFFIN MIDDLE SCHOOL AND LAKEVIEW MIDDLE SCHOOL Mayor Amick said he asked for this item , due the high traffic in the Middle Schools areas and noted that in fog, a newcomer would not even know they were in a school zone. The Mayor said there is money available and the Council needs to decide if the $31,000. 00 should be spent in this manner. Ken Wood suggested including Peters Colony Elementary. Marc Stone asked if that would include N. Colony in the Northpointe area. Councilman Weaver asked where the money is coming from and Mr. Hall said it could have to come from reserves, recommending the IBM contingency of $1000 ,000 .00 . Councilman Harris said it is evident this is needed and suggested planning for addressing UO33o all the zones in the future . There followed a discussion of battery operated lights , location of lights, etc. Councilman Alianell suggested asking the Highway Department to help fund the lights or perhaps L.I .S.D. Councilman Glazener moved to table this item until all sites can be studied , the costs , and alternatives . Councilman Alianell seconded the motion. Mayor Amick suggested having the costs; total and individual and ways to finance ready for discussion at the November 6 , 1989 meeting. The motion carried with a unanimous roll call vote. 8 . CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS FOR THE INSTALLATION OF SCHOOL CROSSING SIGNAL LIGHTS AT GRIFFIN MIDDLE SCHOOL AND LAKEVIEW MIDDLE SCHOOL It was not necessary to address this item with the tabling of Item No. 7. 9. CITY MANAGER'S REPORT A. Bright case - Resolved 3 months ago, but unable to get the amount of interest earned from Denton County. B. The burned house at 5220 N. Colony case is in litigation, 3 individuals were interested in buying it but the foundation is cracked. The case has gone back to the attorneys. We can issue a demolition order and place a lien on the property. C. Dennis Burn, Denton County Public Works has advised us of a Public Hearing on November 6 , 1989; 8 :00 p.m. at 110 W. Hickory D. The problem of noise from the street sweeper addressed in the August 16 meeting has apparently been solved. E. Josey Lane Extension - State set aside money to complete Josey from 544 to Main St. in The Colony and we will be meeting with the Highway Department soon to discuss. This will be at no cost to our city. The two property owners are in Hebron and do not want to sell , however,. Hebron can condemn for the right-of- way. F. Tommy Thompson, resident of The Colony and employee at T. I . contacted the City regarding a donation of a 40 ' Christmas tree with lights and decorations. We wrote a letter to T.I . and have been given the tree. 9 :37 p.m. Mayor Amick called a brief recess. 10 . CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17 , SECTION 2G, REGARDING PERSONNEL, TO-WIT: A. DEPARTMENTAL EVALUATIONS Upon reconvening in open session and with no action to be taken as a result of the closed door session, Councilman Harris moved adjourn and Councilman Glazener seconded the motion, which carried with all members voting aye. Mayor Amick adjourned the meeting at 9 :55 p.m. APPROVED: Don mick, Mayor _4(7 ATTEST. Patti A. Hicks, City Secretary [SEAL]