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HomeMy WebLinkAbout03/19/1990 City Council 00353 MINUTES OF THE CITY COUNCIL MEETING HELD ON MARCH 19, 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 19th day of March, 1990 at City Hall with the following Council roll calll Don Amick, Mayor Absent Bill Manning, Councilman Present Steve Withers, Councilman Present Mike Alianell, Councilman Present 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, with Councilman Manning presidingl PRE-COUNCIL WORK SESSION 1. DISCUSSION OF CONSENT AGENDA ITEMS 2. DISCUSSION OF REGULAR AGENDA ITEMS 6 - Bill Hall explained that this ordinance would allow Fire and Police to enter buildings equipped with key boxes in case of emergency. David Rolbeicki noted that the Uniform Fire Code says we "may" implement this requirement and the recommendation is to use the word "shall" implement this requirement. Councilman Manning asked if the existing businesses would be "grandfathered". Mr. Rolbeicki said that would be up to the Council. Bill Hall said recorrrnends including all buildings. Mike Russell said one box could hold the keys to all spaces in a strip center noting that the boxes are less expensive that doors and windows. There was a brief discussion regarding where the boxes would be placed and what type of box would be required. 7 - Bill Hall noted that all Council has a copy of the Manual, stating that the most recent version contains minor changes and suggested Council go through and make any changes they might see so that they (changes) can be addressed at the next regular meeting, Mr. Hall said this ordinance will adopt this amendment and any subsequent amendments so that we do not have to pass an ordinance each time new amendments are made. 9 - Councilman Alianell asked if all organizations were happy with this arrangement and Ms. Sylvia Brantley said they are. Councilman Manning asked if this is binding on future sports association boards and Ms. Brantley said it is until a change is voted in by the boards. REGULAR SESSION AGENDA 003530 1. PLEDGE OF ALLEGIANCE ._~ Councilman Manning led the Council and the audience in the Pledge of Allegiance to the flag of the United States of America. 2. CITIZEN INPUT Gary Zumwalt, 4209 Keys, addressed the Council regarding the new Code Enforcement regulations, then related a story about violations on his property noted by the Inspections Department. Mr. Zumwalt said he felt the allegations were unfounded and that he drove around the city and found 40 violations on city owned property and buildings. He said he spoke to David Rolbeicki and asked if he (Zurrr~,alt) could file a complaint against the city for these violations and was told no, and given an explanation of lack of man power, other priorities, etc. as the reason for the problems on city property. Mr. Zumwalt said he thinks the project is good and suggested the following~ 1. More consistency 2. Conrnon sense 3. Written criteria sent to property owners 4. Clear definition on blue card regarding action to be taken 5. Opportunity to explain 6. City should keep their grounds in as good a condition as they expect other owners to keep their property. -- Colleen Seymour, 5600 Tyler, addressed the Council regarding the Inspections Department, presented the Council with a Notice to the City regarding certain violations on city property along with pictures of those violations. Ms. Seymour also cited a bag of construction materials she picked up which had been left by F & J. Ms. Seymour had the following suggestions: 1. The Colony inherit the attitude, "Do as I do not as I say". Set a good example. 2. Citizens have a shortage of man power too and should be given more time to correct violations. People should be told what is expected, unsightly should be clearly defined. Ms. Seymour said she always defends The Colony to friends who live elsewhere and' who think "this place" is a joke, and cited several incidences in the past year that attribute to their perception; ie, Braums, flooding, General Fund shortfall, water and sewer rates. Mr. Hall said he understands and shares in both concerns, stating the City is not exempt, going on to say that the City was taken to task about a year ago for it's trashy appearance over all and thus the Code Enforcement Officer was put in place to correct that problem. Mr. Hall said lots of notices and citations are issued and that the intent is to wipe out negative comments about the City, however, no matter which way we go someone will be upset. Mr. Hall went on to say that some errors will be made, but the City will not be backing off on code enforcement. Councilman Manning said anytime a new procedure is 00858o initiated there are bugs to be worked out and some fine tuning is needed, agreeing the City also needs to clean up its act. Mr. Seymour asked where residents can dump large items and Mr. Hall said the Texas Waste Management will pick up large items on the second pick up of the week and they do special pick ups for extra large items. Mr. Hall said the items can be delivered to them but there is a charge. 3. PRESENTATION OF EMPLOYEE AWARDS Katherine Martinez and Councilman Manning presented a 5 year award to Ken Leverich and a 2 year award to Bud Rogers. Others to receive awards but who were not present included: Gloria Werntz - 5 years Jimmy Waddell - 3 years Alice Collins - 3 years David Brostoski - 2 years 4. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD FEBRUARY 26 AND MARCH 5, 1990 Councilman Weaver moved to approve the minutes as written and Councilman Alianell seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF APPROPRIATE ACTION REGARDING CONTINUED PARTICIPATION IN THE UPPER TRINITY REGIONAL WATER DISTRICT Austin Adams, President, UTRWD, thanked the Council for participation over the past B years noting that The Colony has had questions regarding whether to participate or not. Mr. Adams said all cities have been allowed 2 years to decide, referencing a letter dated March 27, 1989 setting forth certain mutual understandings between The Colony and the UTMWA, Inc. concerning the proposed use of the surplus wastewater treatment plant. Councilman Weaver asked if the 2 years began in June 1989 and if no firm decision is made at this time, will the city be obligated to pay back dues. Mr. Adams did state that the legislature did provide that all cities must have dues current. Councilman Marks asked if the city decides not to participate, would UTRWD still consider purchasing the treatment plant. Mr. Adams said they have a contract with the city and they will take the cheapes} route. Tom Taylor. General Manager, UTRWD, said the engineers estimate has The Colony's plant very close to the other alternatives, but that the cost to move it may be a problem. Bill Hall asked if our plant is the lowest of the 4 options. Mr. Taylor said it looks very competitive. Mr. Hall asked of the cost estimates you have, is The Colony's plant the lowest, is the agreement still viable. Mr. Taylor and Mr. Adams agreed it is. Councilman Marks asked the time table. Mr. Taylor said 003537 after the state reviews the plans and returns them then the bids will be opened. Councilman Manning suggested tabling this item for a Work Session. Mr. Adams suggested waiting until after bids are open to discuss further. Councilman Weaver moved to table this item and Councilman Marks seconded the motion which carried with a unanimous roll call vote. 5. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES RELATING TO TRENCH SAFETY, PURSUANT TO ARTICLE 236A.6. (V.T.C.S.) Councilman Manning 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, BY ADDING SECTION 6-1 (D) RELATING TO TRENCH SAFETY; PURSUANT TO ARTICLE 236 A.6 (V.T.C.S) AND ARTICLE 1015 Q (V.T.C.S.); PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Bill Hal said this amendment is a recommendation from TML and OSHA. Councilman Marks said this is good due to the number of accidents occurring. Councilman Manning said Section 6-(a) should state "shall refuse" and then asked for clarification of geotechnical information. David Rolbeicki said this is seismic information, horizontal and vertical loads, etc. Councilman Manning asked if the ordinance should be more specific. Mike Russell said there are different needs on different projects and that we should not be too specific. Councilman Manning did stated that the ordinance should include city approval of information received. Mr. Russell stated this is regulated by V.T.C.S. 6. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES, AMENDING THE UNIFORM FIRE CODE REQUIRING KEY BOXES ON ALL COMMERCIAL AND PUBLIC CONSTRUCTION Councilman Marks said some cities provide owners with an order form of vendor, and that he thinks the city should standardize. David Rolbeicki explained the purpose of the boxes; to allow entrance to buildings in case of fire or other emergencies without breaking out doors and windows. There was a discussion regarding whether to require this on all buildings, or just new construction, as well as strip centers and how to attach to a glass front. 7. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCE RELATING TO THE ENGINEERING DESIGN MANUAL AND .--. THE STANDARD CONSTRUCTION DETAILS FOR PUBLIC WORKS Councilman Weaver suggested leaving out the section which 003530 states that subsequent amendments will be adopted automatically with the approval of staff, at least for a while until we know how many changes this involves. Councilman Manning asked how many and Mr. Hall said there is no average. Councilman Marks asked if the changes Mr. Russell has recommended are in the manual already and Mr. Hall said no, they will have to be added. Councilman Weaver suggested approving the ordinance with the changes at the next council meeting. 8. CONSIDERATION OF A RESOLUTION OF THE CITY OF THE COLONY SUPPORTING A FIRST CLASS POST OFFICE IN THE COLONY Bob van Til stated this is a result of the Chamber of Commerce Retreat and it is a goal of Carroll Howard to see a First Class Post Office in The Colony, noting the first step is to pass a Council Resolution supporting the action. The second step is to present the information to the Post Master General. Mr. van Til said this will provide more and better service to the citizens of The Colony. Councilman Manning read the Resolution in it's entirety as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS SUPPORTING AN APPLICATION TO THE UNITED STATES POST OFFICE TO OBTAIN A FIRST CLASS POST OFFICE IN THE CITY OF THE COLONY, TEXAS WHEREAS, there will be increased services provided by a First Class Post Office that will be beneficial to the City's residents; and, WHEREAS, it is desirable to provide prompt and efficient postal service to the residents of the City of The Colony; and WHEREAS, the City of The Colony presently has its own zip code and postal facilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas, supports the preparation of a petition by the residents for the creation of a First Class Post Office in The Colony, Texas. BE IT FURTHER RESOLVED by the City Council of the City of The Colony, Texas that by approving this Resolution, publicly hereby supports the creation of a First Class Post Office in the City of The Colony, Texas; and BE IT FURTHER RESOLVED that the elected officials of the City of The Colony will assist the efforts in working toward a successful outcome. PASSED AND APPROVED this 19th day of March , 1990. 003533 Don Amick, Mayor ---. ATTEST: Patti A. Hicks, City Secretary Councilman Alianell moved to approve the resolution and Council Withers seconded the motion which carried with a unanimous roll call vote. 9. CONSIDERATION OF APPROVAL OF PREFERENTIAL USE OF A TEXAS UTILITIES EASEMENT BY THE COLONY YOUTH SOCCER ASSOCIATION Sylvia Brantley stated that the Park and Recreation Board at the request of Council, had met with the sports associations; CYSA, CYFA, and Little League and that all groups had come to an agreement on the use of the T.U. Easement. Ms. Brantley went on to say that the three sports organizations had signed an agreement regarding use of practice facilities and that the Park and Recreation Board, in light of the agreement does recommend approval of the preferential use of the easement by CYSA. Councilman Marks said it is great for them to work together, however the last sentence of the agreement binds future boards and noted that there are other sports in The Colony that don't have associations and are not included. Ms. Brantley said there are only 2 overlapping seasons and to her knowledge there is only one other group, flag football, and they use Stewart Creek Park. Ms. Brantley noted that adult -- softball has their own fields and went on to say this should satisfy all sports currently playing, and that we can't address sports that are not here yet. Councilman Manning asked if the easement is always in use during the season. Don Davis, president of CYSA, said it used 7 days a week during the two soccer seasons, and also stated that if other organizations come into the city then all will work together to provide practice fields for all sports. Councilman Withers said it is a good agreement but maybe a line should be added stating that Park and Recreation would serve as mediator in case of problems. Councilman Weaver said we should add a caveat that the Council has the ability to change the agreement if necessary. Councilman Marks said according to the last sentence if a new association comes in and you three don't want them, then they can't practice. Councilman Alianell said he thinks CYSA should be applauded for installing the sprinkler system on the easement and that this is more than fair. Ms. Brantley reminded the council that this request is only to grant preferential use of the easement to CYSA not to approve the agreement, noting the agreement is between the three associations not the City Council or the Park Board. Mr. Hall agreed, stating that if other associations come in there are other options available. --- Mr. Ken Wood asked if the CYSA can tell an individual tossing a ball with his son and no one is using the field on Sunday afternoon, to move. Mr. Davis said this agreement is 0035 u among the three sports associations and is not intended to keep individual from using fields. Councilman Marks moved to grant preferential use of the T.U. Easement by CYSA as recommended by staff and the Park and Recreation Board. Councilman Weaver seconded the motion which carried with the following vote: Withers - Aye, Alianell - Abstain, Weaver - Aye, Marks- Aye, Manning - Aye. 10. PRESENTATION BY J.B. KING RELATING TO THE SOUTHWESTERN BELL RATE CASE Mr. King was not present. No presentation was given. 11. COUNCIL COMMITTEE REPORTS (OPTIONAL) Councilman Weaver stated that Trinity Hospital had sent him a letter advising of all the public relations activities in which they are involved in The Colony. Councilman Alianell stated the Beautify The Colony Committee is still working hard, gearing up for Clean Up Day on April 21, 1990. 12. CITY MANAGER'S REPORT 1. Police Department Open House set for March 24, 1990. McGruff the Crime Dog will be there. 2. Bright Agreement escrow in the amount of $48,500 being held in Denton County should be received soon plus interest. 3. The Rodarte house at 5220 N. Colony should be demolished in the next week. 4. Ground Storage Tank crack found on the outlet side and should be repaired and on line in 7 - 10 days, at no cost to the city. 5. There will be a Work Session March 26, 1990. 6. Council should give there opinion to Patti regarding the value of the Pre-Council sessions before the work session on March 26. ADDITIONAL AGENDA ITEM CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S, SECTION 2G, REGARDING PERSONNEL, TO-WIT: A. MUNICIPAL COURT JUDGE Upon reconvening in open session, with no action to be taken, item No. 14 was not addressed, and Councilman Alianell moved to adjourn~ Councilman Withers seconded the motion. Councilman Manning adjourned the meeting at 10:04 p.m. 003541 APPROVED: Don A~ck~ Mayor ATTEST: Patti A. Hicks, City Secretary [SEALI