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HomeMy WebLinkAbout02/26/1990 City Council 00251o MINUTES OF THE CITY COUNCIL MEETING HELD ON FEBRUARY 26, 1990 The Regular Session of the City Council of the City of The Colony, Texas was called to order at ?:00 p.m. on the 26th day of February, 1990 at City Hall with the following Council roll call: Don Amick, Mayor Present Bill Manning, Councilman Present Steve Withers, Councilman Present Mike Alianell, Councilman Present Steve Glazener, Mayor Pro-tem 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, 2F REGARDING LAND ACQUISITION AND 2G REGARDING PERSONNEL, TO-WIT: A. INTERVIEW FOR MUNICIPAL COURT JUDGE B. LITIGATION - BECKEL VS CITY OF THE COLONY C. M.E.C.A. At 8:05 p.m. the Council convened in open session and addressed the following items: PRE-COUNCILWORK SESSION 1. DISCUSSION OF CONSENT AGENDA ITEMS 4B - Service area was pointed out on the map by Chief Van Morrison. 4C - Councilman Marks asked if neighbors had been notified and Mr. Hall stated they have, advising that we do have to get a release from the property owner before the demolition can be accomplished. Councilman A]ianell asked if there is a time limit on when the work is to be done and Mr. Hall said that none was specified but it should be within a few weeks. 2. DISCUSSION OF REGULAR AGENDA ITEMS 5 - Mayor Amick asked if this is for 1989 or 1990 and Mr. Hall said it is for 1990 and stated that other cities were surveyed and it was found that Denton, Addison, Piano, and Frisco have acted to keep the tax. Mayor Amick reminded all that we have no businesses at this time affected by this tax. Councilman Marks asked for a clarification on Section 3. Mr. Hall said this includes anything manufactured or assembled in the City with parts that are brought in from out of state and if the ordinance is passed, these items will be taxed. Mayor Amick asked for more 0035!5 clarification on this section before the final vote is taken. Councilman Alianell asked if large corporations can be exempt from this and Mr. Hall said no, but the Council can repeal the ordinance in it's entirety. Councilman Manning asked if the year 1990 in Section 4 is correct and if we have to address this each year. Mr. Hall said it is correct and that once this action is taken it is effective for subsequent years, Mayor Amick called a 5 minute recess before beginning the regular session. 8:35 p.m. REGULAR SESSION AGENDA 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. CITIZEN INPUT Sharon Bell, 5916 Ma~es Drive, addressed the Council and asked for action regarding two problems in her neighborhood: 1. large barn in back yard at 7044 Northpointe Dr. 2. Lawn business operating from 7044 Northpointe Dr. Mayor Amick directed the City Manager to follow up on these __ items and respond to Ms. Bell. Ms. Bell also said they (neighbors) woudl like some landscaping done on the median in their area and asked if a plaque can be placed there if a company donates the materials. 3. MAYORAL PROCLAMATION DECLARING APRIL 22-29, 1990 AS EARTH WEEK Mayor Amick read the proclamation in it's entirety as follows: WHEREAS, Earth Day 1990 is a global campaign designed to promote positive environmental choices; and WHEREAS, global warming, water conservation, forest destruction, ozone depletion, trash disposal, energy use, etc. are transboundary environmental concerns; and WHEREAS, any lasting change must begin with the education of the individual; and WHEREAS, people of all ages are more likely to adopt and maintain good environmental habits if they can have fun: NOW, THEREFORE, I, Don Amick, Mayor, City of The Colony, do hereby proclaim Earth Week 1990 - - April 21-29, as a fun and learning celebration of our Earth; and 0085 I, FURTHERMORE, support the Earth Day Celebration to be held April 28 and 29 at Scout Park and sponsored by the Girl Scouts of The Colony and Little Elm, and urge the support of businesses, schools, civic organizations, churches and individuals for the environment. Don Amick, Mayor ATTEST: Patti A. Hicks, City Secretary Sharmin DeMoss was present to accept the proclamation on behalf of the Girl Scouts. Ms. DeMoss said this is their spring project and covered some of the activities planned for the event. She did note that the Beautification Committee has recognized this activity. 4. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF MINUTES OF THE COUNCIL MEETINGS HELD ON JANUARY 29, FEBRUARY I AND 5, 1990 Councilman Weaver said he doesn't understand why the minutes of the February 5 meeting reflected that he made the motion to approve his own expenditures. Mayor Amick explained that this item was on the Consent Agenda and he (Weaver) moved to approve the Consent Agenda as a whole and that it is not a problem for him to move to approve his expenditures. Councilman Alianell moved to approve the minutes with corrections as noted and Councilman Withers seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT WITH DENTON COUNTY FOR AMBULANCE SERVICE Councilman Alianell moved to approve the resolution and Councilman Withers seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF ACCEPTANCE, AWARD AND AUTHORIZATION OF A CONTRACT ON BIDS FOR THE DEMOLITION OF PROPERTY LOCATED AT 5220 NORTH COLONY BLVD. Councilman Alianell moved to accept the bids, award to Boyd Excavation as recommended and approve the Ordinance authorizing the contract for demolition. Councilman Withers seconded the motion which carried with a unanimous roll call vote. 8. CONSIDERATION OF APPROVAL OF A REQUEST BY THE COLONY YOUTH SOCCER ASSOCIATION FOR EXCLUSIVE USE OF A TEXAS UTILITIES ELECTRIC EASEMENT Mayor Amick advised that the Chairman of the Park and Recreation Board asked this item to be tabled until the Board 00352i could meet with all athletic associations for further discussion. Councilman Alianell moved to table this item and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. 5. FIRST READING OF AN ORDINANCE TO RETAIN THE "FREEPORT EXEMPTION" TO TAX TANGIBLE PERSONAL PROPERTY OTHERWISE EXEMPT PURSUANT TO ARTICLE VIII, SECTIONS L-J OF THE TEXAS CONSTITUTION Councilman Manning said he has a concern as to the feeling of businesses outside of the city getting a "bad sign" from The Colony with this tax in place. Councilman Withers expressed his concern also, stating the voters of the State voted to get rid of this tax. Councilman Marks noted that he voted against this tax last time and says the City can show good intentions now by not keeping the tax. Councilman Weaver agreed as did the Mayor, who then directed the City Secretary to place this item on the March 5, 1990 agenda for action. 6. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES RELATING TO SIGNS Mayor Amick said he believes this ordinance is good and stated that the Exhibit attached is not to take precedent over the contents of the Ordinance. After a brief discussion, it was decided to remove the exhibit from the Ordinance. The Council also agreed to change the location of signs at Peters Colony Elementary to only the north side of Nash from the school and on the south side of Nash from the alleyway just west of the easement. Councilman Manning questioned the sign locations allowed for Fire Station No. 2 and after discussion, it was decided this should be changed not to allow signs in the median between the service road and N. Colony Blvd. Mike Russell clarified some general questions for Council and it was noted that First Baptist Church will be a polling place and was not included in this ordinance. Mayor Amick directed the City Secretary to bring this amendment to council on March 5, 1990 for action. Councilman Manning moved to approve the ordinance and Councilman Alianell seconded the motion which carried with the following vote: Manning - Aye, Withers - Aye, Alianell - Aye, Glazener - No, Weaver - Aye, Marks - Aye, Amick - Aye. 7. CONSIDERATION OF REJECTION OF THE WATER AND SEWER RATE STUDY AS PREPARED BY BILL LANGFORD AND ASSOCIATES AND TERMINATION OF CONTRACT FOR SAME Councilman Alianell moved to reject the Water and Sewer Rate study as prepared by Bill Langford and Associates and Councilman Weaver seconded the motion which carried with a unanimous roll call vote. Council also authorized Mr. Hall to negotiate on the 00382, fee for the study. 10. RECEIVE REPORT FROM COUNCILMAN WEAVER ON SEMINAR REGARDING SUING AND DEFENDING GOVERNMENTAL ENTITIES AND OFFICIALS Councilman Weaver said he felt it inappropriate to give a lengthy discussion regarding this seminar at this time, but did note that he has two books and one tape regarding Open Meeting laws and Closed Door Sessions which will be in Patti Hicks' office for all to use. Councilman Weaver did say that there was some discussion regarding Closed Door Sessions which caused him to question our procedures, but in talking with our City Attorney, he found that our procedures are in agreement with him(City Attorney) and are according to the law, however, the City Attorney does not agree with the presentation in some respects. 11. COUNCIL COMMITTEE REPORTS (OPTIONAL) Councilman Glazener stated the Beautify The Colony Cor~mittee has several things working toward the April 21 Clean Up Day, going on to say they are encouraging people to clean up the whole city by cleaning up their own area. 12. CITY MANAGER'S REPORT 1. 3 million gallon storage tank is leaking and will be drained and hopefully repaired and back in operation by the end of the week. 2. Bill Hall, Tomy Turner, Mike Russell, Boyd London and engineers are going to Austin tomorrow to meet with the Texas Water Development Board regarding the State Revolving Fund loan. 3. The grant applied for through Texas Cor~i~unity Development for improvements in the Eastvale area in the amount of $172,000.00 has not been funded this year. Out of 14 categories we scored low in 3~ percentage of poverty too low, per capita income too high, and unemployment rates too low. Mr. Hall said this is good for the city but not good for receiving grants. At this time Council went back into Closed Door: 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2E REGARDING LITIGATION, 2F REGARDING LAND ACQUISITION AND 2G REGARDING PERSONNEL, TO-WIT: A. MUNICIPAL COURT JUDGE B. BECKEL VS CITY OF THE COLONY After reconvening in open session, the Council addressed the following: 9. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A 00352a RESULT OF THE CLOSED DOOR SESSION WITH REGARD TO: A. MUNICIPAL COURT JUDGE Mayor Amick opened the floor for nominations for Municipal Court Judge. Councilman Withers nominated Ed Burke, Councilman Weaver nominated Jerry Parr and Councilman Glazener nominated David Williams. Mayor Amick asked for a vote on Ed Burke first which was as follows: Manning - Aye, Withers - Aye, Alianell - Aye, Glazener - No, Weaver - No, Marks - Aye, Amick - No. Councilman Alianell moved to appoint Mr. Burke by acclamation and Councilman Withers seconded the motion which carried with all members voting Aye. Mayor Amick opened the floor for nominations for Alternate Judge. Councilman Weaver nominated Jerry Parr and Councilman Withers nominated David Williams. Mayor Amick asked for a vote on Jerry Parr first which was as follows: Manning - Aye, Withers - No, Alianell - Aye, Glazener - No, Weaver - Aye, Marks - No, Amick - Aye. Councilman Marks moved to appoint Mr. Parr by acclamation and Councilman Weaver seconded the motion which carried with all members voting Aye. B. BECKEL VS CITY OF THE COLONY ---, Councilman Alianell moved to authorize the City Manager to enter into an agreement with Marcon Construction to settle all claims with respect to the Beckel Litigation case. Councilman Marks seconded the motion which carried with a unanimous roll call vote. With no further business to address, Councilman Marks moved to adjourn and Councilman A1ianell seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 10:24 p.m. APPROVED: ATTEST: Patti A. Hicks, City Secretary [SEAL]