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HomeMy WebLinkAbout03/05/1990 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON .MARCH 5, 1990 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 5th day of March, 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 Absent Steve Glazener, Mayor Pro-tem Absent Dick Weaver, Councilman Present Joel Marks, Councilman Present and with five present, a quorum was established and the following items were addressed: PRE-COUNCILWORK SESSION Councilman Alianell and Councilman Glazener were not present for the Pre-Council Work Session, however did arrive before the regular session began. 1. DISCUSSION OF CONSENT AGENDA ITEMS There were no Consent Agenda Items 2. DISCUSSION OF REGULAR AGENDA ITEMS 5 - There was a brief discussion regarding political signs that have been placed at the Denton County Government Center after which Mayor Amick asked for a legal opinion on whether the signs are proper or not. 6 - Councilman Marks asked what other states are doing and what is the property to be taxed. Mr. Hall said it is a personal property tax~ all property of the business is taxable if the taxing authority deems it so. Mayor Amick asked if this is personal property tax on all property and Mr. Hall said no, this is tax on property brought in and out of the state, not equipment permanently in or on the business. Councilman Manning clarified, if the property is in the city over 175 days then it can be taxed. Mr. Hall agreed and went on to say if the property is in the city 175 days or less then it cannot be taxed, unless this ordinance is passed. 7 - Mr. Hall said Mr. Tom Taylor had sent a letter reminding his that this year's dues of $7500.00 are due and that last year's dues have not been paid, for a total of approximately $18,000.00. Mr. Hall went on to say we don't know what next year's dues will be. Mayor Amick asked to reserve discussion until the regular session and called a brief recess. 00352'i 7:33 p.m. With all members of Council present, the following items were addressed: REGULAR SESSION AGENDA 1. PLEDGE OF ALLEGIANCE Mayor Amick led the audience and the Council in the Pledge of Allegiance to the flag of the United States of America. 2. CITIZEN INPUT - None PRESENTATION OF EMPLOYEE AWARDS Katherine Martinez, Personnel Director was present and assisted the Mayor in presenting employee awards as follows: Tommy Turner - 5 years, Sherry Hutchison - 5 years Guy Bennett - 10 years, John Whitley - 3 years Janet Sapp - 3 years, Mike Rodriguez - 3 years Frank Mills - 3 years, James Huggins - 2 years Thomas Hutson - 2 years Mayor Amick presented each award and congratulated each employee. '--- 4. CONSIDERATION OF APPROVAL OF MINUTES OF THE COUNCIL MEETING HELD ON FEBRUARY 12, 1990 Councilman Aliane11 moved to approve the minutes as written and Councilman Glazener seconded the motion which carried with all members voting Aye. 5. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 6, ARTICLE II RELATING TO LOCATION OF SIGNS AROUND POLLING PLACES Mayor Amick read the caption of the ordinance as follows: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 6, ARTICLE II RELATING TO SIGNS; AMENDING SECTION 6-26 RELATING TO NONCONFORMANCE; EXCEPTIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY RELATING TO SIGNS EXCEPT TO THE EXTENT OF CONFLICT HEREWITH; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000.00) AND A ~ SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Councilman Alianell moved to approve the ordinance as written and Councilman Withers seconded the motion which carried with the following vote: Manning - Aye, Withers - Aye, Alianell - Aye, Glazener - No, Weaver - Aye, Marks - Aye, Amick - Aye. 6. CONSIDERATION OF AN ORDINANCE TAKING OFFICIAL ACTION TO TAX TANGIBLE PERSONAL PROPERTY Councilman Alianell moved to reject the ordinance as written and Councilman Marks seconded the motion which carried with a unanimous roll call vote. 7. DISCUSSION OF CONTINUED PARTICIPATION IN THE UPPER TRINITY REGIONAL WATER DISTRICT Mayor Amick said based on past information, he does not think the city should continue in the U.T.R.W.D. and Councilman Weaver agreed, stating it would'%pending money for nothing. Councilman Marks noted the city only hears from Tom Taylor when he want s money, but did asked if the state forces regionalization, what will happen to The Colony if we don't join. Mr. Hall said our involvement will only allow us to join in as a contract member and went on to say that we (The Colony) can expand our plant to 17 millions gallons a day and meet our needs for many years without U.T.R.W.D. Councilman Marks asked if since the cities around us belong, will they have the right to go through our city and Mr. Hall said they do not have the power of condemnation, however, if we were a member of U.T.R.W.D., they would not even have to ask. Mayor Amick said the Council should take action at the next meeting to give direction on what the city should do regarding this matter. Tomy Turner said Little Elm is holding a public hearing on Thursday, to address a petition the citizens are circulating asking the city to drop out of U.T.R.W.D. Mr. Turner went on to say he believes Lewisville and Frisco will drop out also. Councilman Manning asked what our Dallas Water Contract says regarding drought condition water needs. Mr. Hall said the contract says they will provide the amount of water stated int he contract until the City of Dallas has to place conservation measures on their customers. Mr. Hall went on to say that in the worst case, The Colony could use the wells and keep water supplied for all needs. Mayor Amick directed the City Secretary to place this item on the March 19, 1990 agenda for action. 8. DISCUSSION OF SENATE BILL 291 RELATING TO ANIMAL SHELTER STANDARDS Mayor Amick said the main concern will be to appoint an 003529 advisory committee, asking if this is to be a committee or a formal board. Mr. Hall said that is not clear, but the law does state it is to be a 3 member committee. Mayor Amick noted that Section 4 of S.B. 291 states it is to be a committee, not a board. Bill Hall said if H.B. 2379 passes then we will have to appoint such a conmittee. Councilman Marks said the bill doesn't apply to us, since we are under 75,000 population. Mayor Amick pointed out that the new bill eliminates that exception. All council agreed the committee should be appointed by Council. Councilman Withers said some members of the Humane Society are present, noting that they have approached Dr. Fred Holt (local veterinarian) and that he is willing to serve on this committee. Mayor Amick said the Council will interview and then appoint, however, he stated the Council would welcome recommendations from the Humane Society. 9. CONSIDERATION OF APPROVAL OF COUNCIL EXPENDITURES Councilman Alianell moved to approve the expenditures in the amount of $98.89 for Councilman Weaver and Councilman Manning seconded the motion which carried with all members voting aye with the exception of Councilman Weaver who abstained. 10. COUNCIL COMMITTEE REPORTS (OPTIONAL) Councilman Weaver stated he attended the 9-1-1 meeting and reported that they have all the money they need for non-recurring expenses. Councilman Weaver also said the room in the police department is ready to go and that all equipment for the PSAP should be in this month and be activated by September 1990. 11. CITY MANAGER'S REPORT 1. S.R.F. Public Hearing is set for March 9, 1990 at 6:30 p.m. to address the application for the loan of $1,080,000.00. Mr. Hall said we now have to cover the whole city, not just Eastvale on the impact study and the staff has worked hard to accomplish this task. Mr. Hall also stated that the Texas Water Development Board says we cannot assess the target area only, but we must spread the costs over the entire city, and that preliminary projections show that to be $1.08 per sewer bill for a period of 20 years. 2. Mr. Hall said there is a new book being distributed by the Police department regarding drug abuse, which was sponsored by some local merchants and is being made available to all. 3. Tommy Turner reported that we should know Wednesday morning what caused the cracks in the floor of the 3 million gallon storage tank, going on to say it is easy to repair but we need to know the cause to keep it from happening again. 8:35 12. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2F, REGARDING LAND ACQUISITION, TO-WIT 008,'5S0 A. M.E.C.A. 9:12 13. CONSIDERATION OF ANY ACTION TO BE TAKEN AS A RESULT OF THE CLOSED DOOR SESSION. There was no action to be taken, and Councilman Alianell moved to adjourn, Councilman Withers seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 9:14 p.m. APPROVED: Don~/~ick~ M~r~z~r ' ( ATTEST: A. H~cks, C~y Secretary [SEAL]