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HomeMy WebLinkAbout11/06/1989 City Council 0()3 1u MINUTES OF THE CITY COUNCIL MEETING HELD ON NOVEMBER 6, 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 6th day of November, 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: PRE-COUNCIL WORK SESSION Mayor Amick explained the purpose of this work session is for Council to ask questions regarding agenda items so as to keep the regular meeting from becoming bogged down with redundant discussion. 1. DISCUSSION OF CONSENT AGENDA ITEMS Councilman Weaver said there were some mistakes on the minutes and the Mayor said that should be brought up during the regular session. Councilman Marks asked about the bids and Bill Hall explained all the bids received and that they all do meet the specs. Councilman Alianell asked if the increase in the trash rate would cover overtime when the trash is picked up late. Mr. Hall said no that the trash is to be picked up by 7 :00 p.m. and there is no overtime paid for longer hours. Councilman Weaver asked if the water and sewer rate study is to bring rates up to date and possibly increase them. Mr. Hall stated that is correct. Councilman Weaver questioned the transfer of funds to the General fund and Mr . Hall explained the purpose is not to increase revenue, that is for administrative support, going on to the General Fund. Councilman Harris the money is put into G a further explained the money is used to run the city much the same as if an outside consultant was hired to handle certain administrative duties , then the firm would be paid the money. Mr. Hall said that Lewisville, Flower Mound, High Village, L. I .S.D and The Colony all are voting for Mr. Bradley Moore. 111 2 . DISCUSSION OF REGULAR AGENDA ITEMS Mr. Hall explained that on item No. 11, this is an agrement 00339x" in the Eastvale suit against Jay Hawks Estate regarding the bingo parlor . Mr . Hall gave a brief history of the case and stated this agreement states that Mrs. Hawks would pay 35% and have the balance of $85,000. 00 paid out in 36 months. Councilman Harris asked about item No . 15 . Councilman Weaver said he asked this item to be placed on due to the meeting which was held and no member of council could remember a particular discussion with the exception of himself , and therefore he would like to have the closed door sessions taped. Councilman Harris said he believes discussions held in closed door sessions should stay there, noting that tapes can be made public . There followed a general discussion after which the Mayor instructed the City Secretary to always place an item on the agenda after a closed door session for action, and further directed the City Secretary to post an emergency item for tonight' s meeting in case any action is necessary as a result of the closed door session to be held later in the meeting. The Council then recessed for approximately 10 minutes. 7:45 p.m. REGULAR SESSION AGENDA 1. PLEDGE OF ALLEGIANCE Mayor Amick led the Council and audience in the Pledge of Allegiance to the flag of the United States of America. 2. CITIZEN INPUT Donald Hogston, addressed the Council regarding the R.S.V.P. program, stating he would like to report to the Council once a month on the activities of the group. Virginia Westbrook , representing the Humane Society, addressed the Council regarding the poor condition of the Animal Shelter. she stated the population of our city has grown since 1980 and could not fit into the number of homes built in 1980, however the number of animals , which has also increased is expected to fit into the Shelter, noting there are only 6 runs for all the animals. Ms. Westbrook said the changes since 1980 have been good but the shelter needs improvements , such as hot water, another Animal Control Officer. 3 . COUNCIL COMMITTEE REPORTS Councilman Withers stated that the Beautification Committee met last week and they are working on a mission statement for the committee. Councilman Weaver said The Colony is not in the COG transportation plan for 20-30 years, stating that we need some representation. 003396 4 . PRESENTATION OF PLAQUES OF APPRECIATION TO BOARD MEMBERS Mayor Amick presented plaques of appreciation to Ralph Sears, Zane Kennedy and Steve Faulkner for their service on the Board of Adjustment and Appeals and the Park and Recreation Board. 5. PRESENTATION OF SERVICE AWARDS TO EMPLOYEES Bill Hall read the list of those employees receiving special recognition for their length of service to the City. (See Attachment "A" ) Mayor Amick presented a city watch to the following persons for their achievement of 10 years of service to the City: Charles Reynolds , Patti Hicks, James England, Jim Leighton, and Mike Carroll . 6. PRESENTATION OF INTERNATIONAL CERTIFICATION PLAQUE TO CITY SECRETARY Councilman Alianell presented a plaque to City Secretary Patti Hicks for being designated a Certified Municipal Clerk by the International Institute of Municipal Clerks, during th4e recent Texas Municipal League Conference held in San Antonio. 7. MAYORAL PROCLAMATION - 10TH ANNIVERSARY OF THE COLONY CHAMBER OF COMMERCE Mayor Amick read the proclamation in it ' s entirety as follows: WHEREAS, The Colony Chamber of Commerce is celebrating it' s tenth anniversary; and WHEREAS, The Colony Chamber has played an active part in the development and growth of our City for the past ten years; and WHEREAS, the City Council wishes to always encourage civic organizations in The Colony in their endeavors; NOW, THEREFORE, I , Don Amick , Mayor of the City of The Colony , do hereby recognize the celebration of the tenth anniversary of The Colony Chamber of Commerce during the month of November , 1989 , and encourage all residents to continue to support this worthwhile organization. Don Amick, Mayor ATTEST: Patti A. Hicks, City Secretary Vivian Bedell accepted the proclamation for the Chamber. 9. RECEIVE PRESENTATION FROM RUSTY NICHOLS Councilman Harris noted that he and Councilman Alianell both serve on the Golf Course Committee as well as Bill Hall and introduced Mr. Rusty Nichols, a landowner on Wynnewood Peninsula to address the Council . Mr. Nichols said it is finally going to 003300 happen, showing the Council a layout of "The Clubs of Lakeview" going on to say that the Nichols Trust has an agreement with Club Corporation of America (CCA ) to develop a golf course on Wynnewood Peninsula. Mr. Nichols introduced Pat Davis, Marketing Dir . , George Blonsky and David Leninger, C.E.O. of CCA. Mr. Leninger then addressed the Council giving a back ground of the company , stating they have been in Dallas for 30 years, with their first development being Brookhaven Country Club. Mr. Leninger went on to say they have 225 properties world wide, noting that the division known as Golf Corp. will operate this property because this will be a public not private course. Mr. Leninger showed the area on a map stating this could possibly have up to 90 holes of golf and if so would be the largest concentration in North Texas, maybe all of Texas, going on to say there will be 18 private and 18 public holes , a teaching facility, and a touring facility. Mr. Leninger went on to say that the homes will introduce a move up market from $150 ,000 . 00 to $200 , 000 . 00 , giving the residents here a chance to move up without moving out. He said the infrastructure of The Colony is good , as is the quality of life and he feels there is a strong demand for housing from $130-$190 thousand. Mr. Leninger said this will be a high recreation, low commercial area, maintaining a passive view. He said CCA will market the property for the homes and build the course, that they are ready to move forward and just need to negotiate the terms of the lease with the Corps. Mr. Nichols introduced Mr. Robert Strief, Tommy Bane, Lynn Meyer and others as principals in the plans to develop approximately 400 acres on the Peninsula building homes and a golf course. Mayor Amick directed Councilman Harris and the committee to proceed . Councilman Harris said this is a preliminary presentation so the full Council will know the plan and that the committee has been working with the Corps on the lease, and noted that annexation steps have already been taken. Councilman Marks asked about the agreement with the original golf course company and Councilman Harris said that agreement expired due to their failure to follow through. 10 . CONSIDERATION OF AN ORDINANCE CALLING TWO PUBLIC HEARINGS FOR THE PURPOSE OF ANNEXING TWO ( 2 ) TRACTS OF LAND, CONTAINING APPROXIMATELY 93 ACRES, GENERALLY LOCATED IN THE NORTHWEST PORTION OF THE CITY, ADJACENT TO AND PART OF THE NICHOLS TRACT. Mayor Amick read the caption of the ordinance as follows: AN ORDINANCE CALLING TWO (2) PUBLIC HEARINGS IN ACCORDANCE WITH TEX . REV. CIV . STAT . ANN . ART . 970a OF THE MUNICIPAL ANNEXATION ACT AND SECTION 1.03 , OF CHAPTER 1 OF THE HOME RULE CHARTER OF THE CITY OF THE COLONY, TEXAS , ADOPTED JANUARY 20 , 1979 , FOR THE PURPOSE OF CONSIDERING THE INSTITUTION OF ANNEXATION PROCEEDINGS TO ANNEX ALL THAT LOT, TRACT , PARCEL OF LAND DESCRIBED IN EXHIBIT "A" WITH THE FIRST PUBLIC HEARING TO BE CONDUCTED AT CITY HALL, 5151 N. COLONY BLVD . ON THE 20th DAY OF NOVEMBER,1989 , AT 6:30 O ' CLOCK P.M. AND WITH THE SECOND PUBLIC HEARING TO BE oCONDUCTED AT THE CITY HALL, 5151 NORTH COLONY BOULEVARD, THE COLONY, TEXAS ON THE 20TH DAY OF NOVEMBER,19 89 , AT 7 :30 O 'CLOCK P.M. , PROVIDING FOR PUBLICATION OF NOTICE; DIRECTING PREPARATION OF A SERVICE PLAN FOR INSPECTION AT THE PUBLIC HEARINGS Councilman Marks asked where the land is located and Mr. Hall said this land is contiguous to land annexed approximately 2 years ago. Becky Braun, 3600 Villa Nova, Dallas, asked about the metes and bounds of the property wanting to know exactly what property is to be annexed . Mayor Amick directed the City Secretary to mail Ms . Braun the metes and bounds of the annexation. Mr. Lynn Meyer said that the intent was to annex the Strief property as well as the Nichols property, totalling about 463 acres. Councilman Harris moved to approve the ordinance as written and Councilman Alianell seconded the motion which carried with a unanimous roll call vote. 11 . CONSIDERATION OF AGREEMENT IN THE HAWKS LITIGATION Mr. Hall explained the history of the case as he had done in the work session and stated the Robert Hemphill , attorney was here to answer questions if necessary. Mr. Hall said the funds received by the city were held in escrow pending the outcome of the litigation in court. Mr. Hall recommended approval of this agreement. Councilman Harris said this property is on 423 and asked if it would impact the widening of that road . MR. Hall said it would not. Councilman Marks asked what would happen if the money is not paid and Mr. Hall said there is no guarantee, but we can reinstate the legal action. Mr. Hemphill said the city will retain the judgement lien and can enforce it . Councilman Weaver said this means more litigation even with the agreement, noting the court could find against the city. Mr. Hemphill said this has been agreed to by Mrs. Hawks and just needs final approval by the bankruptcy court, going on to say he needs approval by the Council for the City Manager to sign the agreement and authorize the attorney to vote for the agreement in court. Councilman Alianell moved to authorize the City Manager to sign the agreement and to authorize the attorney to vote to pursue this agreement in bankruptcy court for the City' s claim. Councilman Harris seconded the motion which carried with a unanimous roll call vote. 13 . CONSIDERATION OF AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF THE COLONY, TEXAS GENERAL OBLIGATION REFUNDING BONDS SERIES 1989 , CALLING FOR THE REDEMPTION PRIOR TO MATURITY CERTAIN OF THE CITY' S OUTSTANDING BONDS; AND ENACTING OTHER PROVISIONS RELATING THERETO Bill Hall explained the purpose of this ordinance is to authorize a bond refunding program that will extend the city' s bond payments 3 years and save approximately $200,000. 00 a year. 003401 Mr. Hall said it is similar to refinancing a home, in that the monthly payments are decreased and extended. Mr. Boyd London from First Southwest also gave a brief overview of the refunding plan. Mayor Amick thanked Mr. London for his assistance. Ralph Sears , 6813 Anderson asked when the bonds would have been paid and Mr. London said this extends the bonds from 2006 to 2010. At this time ( 9 : 00 ) Councilman Marks was called away on an emergency. 14 . CONSIDERATION OF APPROVAL OF A SITE PLAN FOR THE ELEMENTARY SCHOOL AT ETHRIDGE AND NORTH COLONY BLVD. AS PRESENTED BY LEWISVILLE INDEPENDENT SCHOOL DISTRICT Mr. Bill Hall stated this was approved by P & Z. Mr. Bob van Til said that staff and P & Z is satisfied and both recommend approval of the site plan. Councilman Weaver moved to approve the site plan and Councilman Alianell seconded the motion which carried with a unanimous roll call vote. 12 . CONSIDERATION OF ACCEPTANCE OF PROPOSALS AND AUTHORIZATION OF A CONTRACT FOR RADIO MAINTENANCE Bill Hall said there were two proposals received from Oak Telecom and Keller Communications, stating that Chief Ristagno and Chief Morrison as well as himself recommend awarding the contract to Oak Telecom. Councilman Harris moved to award the radio maintenance contract to Oak Telecom and Councilman Withers seconded the motion which carried with a unanimous roll call vote. 8 . CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF MINUTES OF THE COUNCIL MEETINGS HELD OCTOBER 16, 23 , AND 30TH, 1989 Councilman Alianell moved to approve the minutes as corrected and Councilman Harris seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF ACCEPTANCE , AWARD OF BIDS FOR CONCRETE , SAFETY/TRAFFIC EQUIPMENT, WATER METERS AND NUTS AND BOLTS; AND ORDINANCE AUTHORIZING PURCHASE OF SAME Councilman Alianell moved to accept and award bids as recommended and the ordinance authorizing the City Manager to enter into a contract with each vendor as required. Councilman Harris seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF A RESOLUTION APPROVING THE DENCO 9-1-1 BUDGET FY 1989/90 Councilman Weaver explained that there is a possibility of a (M4() .-1' bond issue to pay for the costs , noting it does make a difference in the budget, but that he is confident the board will choose the plan that will cost the citizens the least amount of money. Councilman Weaver then moved to approve the resolution and Councilman Alianell seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF ESTABLISHING NEW RATES FOR THE AQUATIC PARK AND NEW AGE LIMITS FOR FREE ADMISSION OF CHILDREN Councilman Withers said he feels like establishing a non- resident fee which is higher than the resident fee may drive people to another citypool and that he has a problem with P lowering age a e of children to be admitted free, statingthat will impact the costs to families. Councilman Withers suggested allowing 2 children per adult free. Mayor Amick said these are yearly passes and that non-residents pay the same daily fee as residents. Councilman Weaver asked how many non-resident passes the City sells, and Ms . Brantley said from 50 - 75 . Councilman Withers said in Carrollton children 5 and under are free, stating again he thought we would drive people to go to Carrollton. Ms Brantley disagreed, stating she feels most people will continue to patronize The Colony pool and went on to say that most incidents involve children in large groups with one adult. Councilman Harris said he has no problem with it as is, but maybe we do need to restrict the number of children per adult. Councilman Withers suggested amending the non-resident fee to $75 . 00 and the age to 6 and under free. Councilman Alianell feels the fee should be left as is but the age should be look at and Councilman Weaver felt both should be left as recommended. Councilman Harris then moved to approve item 1 of the proposal , setting the fees as recommended by staff: Family Resident $75. 00, Individual Resident $30 . 00 , Family Non-resident $100 . 00 and Individual Non-resident $40 . 00 and to table item 2 of the proposal regarding lowering the age of children to be admitted free. Councilman Alianell seconded the motion which carried with a unanimous roll call vote. E. CONSIDERATION OF A RESOLUTION INCREASING THE RATES FOR RESIDENTIAL TRASH PICK UP AND ESTABLISHING A DEPOSIT FOR SAME Councilman Alianell moved to approve the resolution and Councilman Harris seconded the motion which carried with a unanimous roll call vote. F. CONSIDERATION OF A RESOLUTION SUPPORTING THE NAMING OF HWY 190 A DWIGHT D. EISENHOWER FREEWAY Councilman Alianell moved to approve the resolution and Councilman Harris seconded the motion which carried with a unanimous roll call vote. G. CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR A WATER AND SEWER RATE STUDY • I 00340a Councilman Alianell moved to approve the contract as recommend and Councilman Harris seconded the motion which carried with a unanimous roll call vote. H. CONSIDERATION OF ESTABLISHING NEW FEES FOR REGISTRATION OF CONTRACTORS AND FOOD SERVICE MANAGERS; PERMIT FEES FOR CONSTRUCTION OF IN GROUND SWIMMING POOLS, ABOVE GROUND SWIMMING POOLS , FENCES , RESIDENTIAL RE-ROOF, RESIDENTIAL AND COMMERCIAL SATELLITE DISH, IRRIGATION Councilman Alianell moved to approve the fees as recommended and Councilman Harris seconded the motion which carried with a unanimous roll call vote. I . CONSIDERATION OF A RESOLUTION VOTING FOR APPRAISAL DISTRICT BOARD OF DIRECTORS Councilman Alianell moved to approve the resolution voting for Bradley Moore and Councilman Harris seconded the motion which carried with a unanimous roll call vote. J. CONSIDERATION OF A RESOLUTION VOTING FOR APPRAISAL REVIEW BOARD MEMBER Councilman Harris moved to table the resolution and Councilman Alianell seconded the motion which carried with a unanimous roll call vote. K. CONSIDERATION OF APPROVAL OF COUNCIL EXPENDITURES Councilman Alianell moved to approve the expenditures and Councilman Harris seconded the motion which carried with a unanimous roll call vote. 15 . DISCUSSION REGARDING TAPING OF CLOSED DOOR SESSIONS Councilman Weaver stated he felt it was pertinent to have actual data of the Closed Door Sessions, suggesting either taping or minutes, more than the Certified Agenda as required by law. Ken Wood asked if there is no record kept currently. Mayor Amick said it is not required and asked the City Secretary to explain the Certified Agenda. City Secretary Patti Hicks explained the Certified Agenda, how it is prepared, certified by the Mayor and filed, noting this is not a public record, but is sealed and kept for two years. Mayor Amick said he is not in favor of taping, noting the tape would have to be sealed also, going on to say the purpose of a closed door session is confidentiality, and stating that the vote must be taken in open session. Councilman Harris asked the City Secretary how the Council could obtain minutes or tapes of a closed door session and the City Secretary said only by court order. Mayor Amick said again, he is not in favor and it is most important to know that no action is taken in closed door. U0340 - 16 . CITY MANAGER' S REPORT 1 . Josey Lane Extension is still being pursued by the Highway Department. 17. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17 , V.A.C . S . , SECTION 2E REGARDING PERSONNEL AND SECTION 2F REGARDING LAND ACQUISITION, TO-WIT: A. DEPARTMENTAL EVALUATIONS B. PLANNING AND ZONING COMMISSION C. FUTURE DEVELOPMENT Upon reconvening in open session, with no action to be taken, it was not necessary to address the following item. EMERGENCY AGENDA ITEM 1. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE CLOSED DOOR SESSION Councilman Withers moved to adjourn and Councilman Harris seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 10 :38 p.m. APPROVED: Don mick, Mayor ATTEST: d , ' / * , Patti A. Hicks, City Secretary [SEAL] 00840...) ATTACHMENT "A" IIIAwards for 1989 10 YEARS (WATCH) 2 YEARS (CERTIFICATES) Charles Reynolds 1-25-79 • Patti Hicks 6-13-79 Frank Mills 2-17-87 James England 7-9-79 John Whitley 2-2-87 Jim Leighton 8-30-79 Janet E. ' Sapp 2-2-87 Mike Carroll 9-10-79 Alice D. Salins 3-17-87 Mike Rodriguez 2-3-87 8 YEARS (PIN) Jimmy Max Waddell 3-2-87 James Jordan 1-5-81 Ronald Taylor 4-28-87 Mike Ramon 3-23-81 Kay Corrales 6-9-87 Sylvia Brantley 4-1-81 Pam Nelson 9-21-87. David Marlar 5-5-81 Anthony Phillips 11-24-87 Mike Crowder 5-11-81 Van Sowards 10-26-87 Bob Hutchison 4-15-81 Connie SpOnsler 10-27-87 Cassandra Douglas 7-6-81 Bruce Stewart 9-22-87 Beverly Nopp 10-1-81 Robert Van Til 7-27-87 Van Morrison 10-8-81 Don Owens 6-23-87 Marge Roberson 11-2-87 Mike Williams 11-6-81 Tim Rodkey 7-21-87 5 YEARS ' (KEY CHAIN) Penny Jack 11-4-87 Judy Talbot 1-5-84 Lynn Dixon6-1-84 • Doug Peach 7-2-84 Bernie Childs 7-16-84 Jeff Overfelt 8-1-84 Alfred Van Weese 10-15-84 . Joan Sveinsson 10-2-84 Ira L. Hicks 11-1-84 Ray Layman 11-15-84 3 YEARS (PIN) Nanci brewer 1-22-86 Larry Floyd 1-7-86 Terry Farmer 3-4-86 Mary Pilcher 3-31-86 Sandy Tausend 4-14-86 Leslie Smith 4-1-86 Daivd Orr 5-12-86 George Wintle 5-6-86 Judy Shirk 5-5-86 Robert Fraser 5-13-86 ' Alan Orr 5-13-86 Robert' Dierks 6-10-86 Joe Green 6-27-86 Jesse Galindo 7-15-86 Jimmy Bell 7-28-86 Elise Knox 8-1-86 Gary Norris 9-18-86 Steven Wiser 10-1-86 Dave Wallace 10-1-86 Chuck Baker 10-29-86 Clyde Chantril 10-2-86 Teresa Spears 11-24-86 Diane Baxter 10-27-86