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HomeMy WebLinkAbout04/02/1990 City Council 00355z MINUTES OF THE CITY COUNCIL MEETING HELD ON APRIL 2, 1990 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 2nd day of April, 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. 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 Deborah Hollifield, 4808 Graham Ct., addressed the Council, stating she is in a run-off for the Justice of the Peace, Place 1 position, serving, The Colony, Carrollton, Lewisville and Dallas. Ms. Hollifield said she is a 10 year resident of The Colony, gave her background, her vision for the office and asked for support. 3. PUBLIC HEARING ON APPLICATION OF THE CITY OF THE COLONY TO AMEND APPENDIX B-SUBDIVISIONS OF THE CODE OF ORDINANCES RELATING TO MINOR PLAT APPROVALS Councilman Marks moved to open the Public Hearing and Councilman Glazener seconded the motion, which carried with all members voting Aye. Bob van Til stated the purpose of this amendment; the amendment relates specifically to delegating approval of minor plats to city personnel, Senate Bill 1075 defined minor plats and does grant municipalities the authority to delegate the approval of minor plats to city employees. Mr. van Til said a minor plat contains four or less lots, fronts an existing street and does not require the creation of any new street or the extension of municipal facilities. Mr. van Til went on to say this amendment will expedite the overall project approval process and it will reduce the length of Commissioner's and Councilts agendae. Mayor Amick said this allows staff to approve plats of 4 or less lots on existing streets, however, staff cannot disapprove a plat, noting that P & Z does recommend approval and that this is a result of 1989 legislation. Bill Hall explained that if a plat is presented and staff feels there may be a problem, it can be 0035 z referred to P & Z and Council. Ken Wood asked if this is doing away with a normal public review process. Mayor Amick said that if a zoning change is requested, then there is a public hearing, but not with plats. Councilman Marks asked if this is keep problems with developers down and Mr. van Ti] said no, the primary reason is to unclutter P & Z and Council agendae with routine~items and cut down on the time. Councilman Marks asked if this means businesses will not come before Council. Mr. van Til explained this only platting, not site plan. Mayor Amick further explained, the site plan is first then the plat, and it is usually a technicality. 4. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF MINUTES OF THE MARCH 19 AND 26, 1990 COUNCIL MEETINGS Councilman Marks noted that a name had been left out of the March 19 minutes and the City Secretary said it would be corrected. Councilman Alianell moved to approve the minutes with the correction and Councilman Manning seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 6, SECTION 1, 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.) Mike Russell stated that the questions Council had asked previously are addressed in his memorandum included in their packet, and he went on to explain the purpose of the amendment and that he had included a sample form to be used in complying with this ordinance. Councilman Alianell moved to approve the ordinance as written and Councilman.~Manning seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES BY AMENDING SECTION 10.209 OF THE UNIFORM FIRE CODE, RELATING TO KEY BOXES Mayor Amick explained that this applies to buildings with hazardous material or that entry is not readily accessible. Councilman Marks asked if there would be a written criteria to determine which buildings will have to comply, noting some cities do have such a criteria. Mike Russell said buildings with known hazardous or toxic materials, secured openings; such as a school; and buildings without readily accessible entry, which the Fire Chief will determine. Councilman Marks asked where LISD fits in and Mr. Russell said they have secured openings. There was a discussion regarding the type box required., Councilman Alianell asked if there is some type of security system to guarantee no unauthorized use of master keys. Mr. Hall said there is no guarantee against someone breaking into the box, but that the master keys will be secured. Councilman Manning moved to ap.prove the ordinance as written and Councilman Alianell seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF APPROVAL OF FINANCING FOR CAPITAL OUTLAY EXPENDITURES Mayor Amick asked for clarification on what is being approved. Bill Hall explained this to purchase General Fund Capital purchases, previously approved in the budget, such as vehicles, lawn mowers, etc. Mr. Hall said staff is requesting Council to approve getting the financing for a $100,000.00 loan to purchase those items over a three year period, noting that there is a marked difference in interest rates between the lending institutions which offered proposals, going on to say the local institution appears to be much higher. Councilman Weaver asked the difference in actual dollars. James England said the actual dollar difference in $4000.00. Mr. Hall said all are reputable and the intent is to get the best quality for the lowest price. Mayor Amick recommended going with the lowest interest. Councilman Marks asked for an example of the items to be purchased. Mr. Hall said they are all in the budget and are items such as, repelling equipment, mowers, 3/4 ton pick up, chain saw, sandblaster, and back hoe. Councilman Alianell asked if The Colony Bank is aware of the rates offered by others. Bill Hall said we can only negotiate rates after we have authority to go out for the loan. Councilman Alianell said the City of The Colony should do business in The Colony and if negotiations are necessary and appropriate then they should be pursued. Mayor Amick said he is in favor of doing business in The Colony, but noted that we have done lots of business outside due to better rates and prices, and gain recommended going with Maryland National Leasing at 8.65%. Councilman Marks agreed with the Mayor as did Councilman Weaver. Councilman Marks moved to accept the proposals and approve financing through Maryland National Leasing at 8.65% and Councilman Withers seconded the motion which carried with a unanimous roll call vote. E. CONSIDERATION OF APPROVAL OF A RESOLUTION AMENDING GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS Bob van Til stated this amendment is a result of some recent changes in the Property Tax Code, which provides for confidentiality of proprietary information relating to tax abatement negotiations, noting tha~ some businesses address the city government and ask for confidentiality and this resolution states that we will honor that request. Councilman Manning questioned Section VI (J), stating that it appears this section is in conflict with the confidentiality section. Mayor Amick said all preliminary information can be held in confidence and he doesn't believe the two are in conflict, but did direct the City Secretary to check this with 00355 the City Attorney. Councilman Weaver asked how we can require that all Council know about negotiations, not just one or two. Bob van Ti] said normally when businesses approach the city staff, this is not public knowledge. Mayor Amick said a resolution can be passed stating no member of Council can negotiate without knowledge of the rest of the Council, but noted this would have to be reviewed after each election, if the full Council felt it necessary. Mayor Amick said we can add an amendment to this resolution stating that no one council member will negotiate with any business regarding tax abatement without the knowledge of the full council. Councilman Weaver moved to approve the above stated amendment to this resolution and Councilman Marks seconded the motion which carried with a unanimous roll call vote. Councilman Alianell then moved to approve the resolution as amended and Councilman Weaver seconded the motion which carried with a unanimous roll call vote. F. CONSIDERATION OF APPROVAL OF AN ORDINANCE AMENDING APPENDIX B-SUBDIVISION, SECTION 3, DEFINITIONS; AMENDING APPENDIX B-SUBDIVISION BY ADDING SECTION 8-101 RELATING TO MINOR PLAT APPROVAL Councilman Alianell moved to approve the ordinance as written and Councilman Manning seconded the motion which carried with a unanimous roll call vote. G. CONSIDERATION OF APPROVAL OF COUNCIL EXPENDITURES Councilman Alianell moved to approve the expenditures in the amount of $28.50 for Councilman Weaver and Councilman Manning seconded the motion which carried with a unanimous roll call vote. 5. CONSIDERATION OF APPROVAL OF DESIGNATION OF A SAIL BOAT LAUNCH AREA AT STEWART CREEK PARK Mayor Amick said he observed lots of activity in the area suggested for a sail boat launch and suggested going with 50'. Councilman Manning said to stay at 100' and Councilman Glazener agreed, stating they had originally asked for 300' and that this has been reviewed and researched and if we are only to give 50' we might as well give nothing at all. Mayor Amick said he felt the study was done at the proper time of the year. Councilman Withers said he stepped off the area today, and said if cars are not to be parked there, then we will need signs put up to that effect, going on to say that with no parking allowed, 75' might be sufficient, but that he thinks enforcement might be a problem. Sylvia Brantley said it is understood there may be problems, but said this is on a trial basis and if it does not work, then ,-- something else can be tried. Councilman Glazener said it is important to promote varied activities as the park. Mayor Amick said he doesn't disagree, but feels 100' is excessive, that 50 ' 003550 is adequate, and that the P & R Board was negligent in doing the study in the off season. Councilman Alianell asked how this would be implemented and if we had to change back what would it involve. Ms. Brantley said the distance would be measured, signs and cables would be installed and if was necessary to change back, then everything would just simply be moved, noting this would not involve very much labor, going on to say posts and cable is to be done all over the park anyway. After a lengthy discussion, Councilman Marks moved to approve the sail boat launch site at 7$'and Councilman Weaver seconded the motion which carried with the following vote: Manning - Aye, Withers - Aye, Alianell - Aye, Glazener- Aye, Weaver - Aye. Marks - Aye, Amick - No 6. COUNCIL COMMITTEE REPORTS (OPTIONAL) Councilman Glazener reminded everyone of the Clean up Day on April 21 and encouraged all to help the Beautification Committee to clean up the whole city street by street. Councilman Weaver reported that Trinity Hospital is remodeling their lobby and adding to the emergency area, labor and delivery. 7. CITY MANAGER'S REPORT 1. SRF Loan application and documents received by the T.W.D. Board and accepted. 2. Employee handbooks have been printed and put in notebooks and will be given to each full time employee. With no further business to address, Councilman Alianell moved to adjourn and Councilman Withers seconded the motion which carried with all members voting Aye. APPROVED: Don'A'~ick, Ma~d~ -- ATTEST: Patti A. Hicks, City Secretary [SEAL]