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HomeMy WebLinkAbout04/16/1990 City Council 003589 MINUTES OF THE CITY COUNCIL MEETING HELD ON APRIL 16, 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 16th day of April, 1990 at City Hall with the following Council roll call: Don Amick, Mayor Absent Bill Manning, Councilman Present Steve Withers, Councilman Present Mike Alianell, Councilman Present Steve Glazener, Mayor Pro-rem Present Dick Weaver, Councilman Present Joel Marks, Councilman Present and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE Mayor Pro-tem Glazener led the audience and the council in the pledge of allegiance to the flag of the United States of America. 2. CITIZEN INPUT Pat Vance, 4733 Roberts, stated she works closely with the Animal Control office and noted there has been only one officer working for quite some time, going on to say that there are two officers, but one has been out for a while. Ms. Vance asked if there could be a replacement when one officer is out for an extended time, since two officers is not even adequate and when there is only one working, the problems are even worse. Kenneth Lan~don, 5052 N. Colony Blvd, addressed the Council regarding the City Inspections Dept., noting that he had received a notice to "Clean up in back", Mr. Langdon, asked "Back of what"? and was told the back of a shed. Mr. Langdon said the notice did not tell him what was to be done and did not give enough time to correct the problem, if he had known what the problem was. Mr. Langdon said he cleaned up the area, and left town and that when he came back he had received a citation. Langdon went on to say that the problem should be clarified on the notice, that he is willing to correct the problem, but needs better information from Inspections as to what the problem is. Bill Hall said he is aware of Mr. Langdonts particular problem, going on to say other residents had complained similarly in earlier council meetings and the Inspections Department has since revised the notices, making them more specific, and more friendly. Mr. Langdon asked about furnishing a dumpster for large items and Bill Hall said that had been.done before and a lot of citizens used it and when it was full, citizens just left their junk outside the dumpster, making a huge mess. Mr. Hall went on to say that Texas Waste Management does pick up large items, for a fee, if you will call and make arrangements. Mayor Pro-tem Glazener did mention that the City holds a clean up day twice a year for citizens to get rid of their unwanted items. Donald Houston, 7600 Westshore Dr., representing R.S.V.P. reported 1303 hours had been given by the volunteers in the first quarter of the year. Ken Wood, 5000 N. Colony Blvd., 1.) Cub Scouts will camp out at Stewart Creek Park this week-end. 2.) Asked how many times Piano Pkwy has to be cleaned before the City will fix the problems of mud, noting that he realizes the costs involved. 3.) Addressed the Animal Control problem, stating this morning a known vicious animal was loose and that he was told Animal Control would not be on duty til 9:00 a.m. Mr. Wood asked why Animal Control could not be called out for emergencies the same as Public Works and other departments. Mr. Hall responded regarding the Animal Control problem, stating one of the officers is out on worker's compensation and only one officer is working all the calls. Mr. Hall went on to say that you just can't take anyone and give those duties without some training. 3. PRESENTATION OF PLAQUE TO FORMER COUNCILMAN RICK HARRIS Mayor Pro-rem Glazener read the plaque and presented it to Mr. Harris along with a City of The Colony watch. Mr. Harris thanked the Council and encourage citizens to call their Councilman and tell them they are doing a good job, not just to talk about problems. 4. PRESENTATION OF EMPLOYEE AWARDS Mayor Pro-rem Glazener presented a 5 year Key Chain to Kathryn Smith. Other employees to receive awards, but not present were Kenny Adamcik, 8 year pin and Ron Taylor, 3 year pin. 5. MAYORAL PROCLAMATION DECLARING THE WEEK OF APRIL 22, NATIONAL LIBRARY WEEK IN THE CITY OF THE COLONY Mayor Pro-rem Glazener read the proclamation in it's entirety as follows: WHEREAS, Americans have enjoyed a tradition of success and achievement; and WHEREAS, the history of public leaders and other achievers documents the ways libraries and reading have influenced their lives; and WHEREAS, local corrrnunity leaders have agreed to participate in "Night of a Thousand Stars": which celebrates and the value of families reading together, and WHEREAS, The Colony Public Library is celebrating its eighth anniversary of service to the families of this corrrnunity; 00359i NOW, THEREFORE, I, Don Amick, Mayor of the City of The Colony, Texas , do proclaim the week of April 22-28, 1990 to bet NATIONAL LIBRARY WEEK in the City of The Colony and I encourage families of The Colony to develop the tradition of reading together, and urge them to attend "Night of a Thousand Stars" at the Library, 7 - 9 p.m., Wednesday, April 25, 1990. Steve Hines was present to accept the proclamation. 6. PUBLIC HEARING REGARDING A PROPOSED AMEND TO THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, AMENDING SECTION 17, RELATING TO LANDSCAPING REQUIREMENTS Councilman Withers moved to open the Public Hearing and Councilman Aliane11 seconded the motion which carried with all members voting Aye. Bob van Ti1 covered specific points in the ordinance; application, definitions, requirements, maintenance requirements, existing trees, permit requirements and process, et.c. Mr. van Til then fielded questions from the Council. There were several questions regarding the percentage of street yard required to be landscaped. All Council agreed that the ordinance should not be so restrictive as to dissuade future developers. Mr. van Ti1 said that the committee set out to write a comprehensive ordinance that was progressive with a balance of restrictions. Mr. van Ti1 gave statistics regarding some surrounding cities: City Population Percentage to be landscaped Rockwall 10,050 M.F. - 20-25%, 0-20% Cedar Hill 19,000 20% street yard Rowlett 21,000 15-21% street yard Lancaster 22,000 30% street yard De Soto 30,000 35% of land area Carrollton 80,000 Less than 2 acres - 20% total Non-Res 5-10% of total lot o/2 acres non-res 15% st. yd. Piano 130,000 5% of lot w/ 1/2 in front Car Dealer 20% street yard Denton 64,000 20% street yard Manufacturers - 10% street yard Councilman Marks asked if McDonald's sold to someone else and the property did not comply with this ordinance, would the new owners have to re-do the landscaping. Mr. van Til said they would if the property did not comply. Mr. Hall said he has spoken to Henry Billingsley who stated he would like to review this ordinance before Council passes it, noting it is on for consideration but can be postponed ti1 later. Councilman Marks asked if this could be tied into tax abatement and Mr. Hall said no, if this ordinances passes, landscaping is a requirement, not optional. Councilman Manning said we need a landscape ordinance, and commended Mr. van Til for his work, but wants to be sure we are not too restrictive and would like to see some properties with 20% of their front landscaped, going on to say he cannot visualize how that would look. Councilman Manning also said the ordinance should be presented in it's final form before passage, noting there are some minor changes needed. Mayor Pro-tem Glazener asked Mr. van Til to bring some examples in for Council to review, noting the questions brought up are good points and that there are many variables to the ordinance, going on to say that perhaps the Council should look at the T.C.B.Y.site plan. The Mayor Pro-rem went on to say that it will take years to see the benefit from anything done now, noting that landscaping enhances the businesses and the property values and that he believes this will be a draw for developers not a restriction. Councilman Marks agreed, stating that people are ready for some landscaping requirements to improve the City's appearance. Mr. van Til said he left out scenarios in.the interest of time but that he would be glad to explain further. There followed a discussion regarding the time limit for compliance. Councilman Alianell asked about "trade-offs" and Mr. van Til explained there are none, but that businesses will receive credits for certain items, which are to be itemized in the ordinance. Councilman Manning asked if there are requirements for things other than trees, and Mr. van Til said there is not. Mr. Tom Bogan, citizen, said he has reviewed the ordinance and is concerned that it is too restrictive for small businesses, noting that no existing business in The Colony could afford to comply. Mr. van Til noted that T.C.B.Y. will be landscaping 8% of their total lot, and if they only met the requirements of the ordinance they would only have to landscape 3% of the total lot. Mayor Pro-rem Glazener agreed there needed to be further study, but stated it is important that something is done. Mr. Ken Wood, citizen, asked if this applies to City buildings. Mr. Hall said yes, that at some time the City buildings will have to come into compliance, but they will have to be looked at individually. Mr. Bogan asked if Wal-Mart expands their building, will they have to comply with the ordinance, and Mr. van Til said if they change 50% or more they will have to come into compliance. Councilman Weaver moved to close the Public Hearing and Councilman Alianell seconded the motion which carried with all members voting Aye. 7. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF MINUTES OF THE APRIL 2, 1990 COUNCIL MEETING Councilman Alianell moved to approve the minutes as written and Councilman Manning seconded the motion which carried wit. h the following vote: Manning - Aye, Withers - Aye, Alianell - Aye, Weaver - Abstain, 00 59 Marks - Abstain, Glazener - Aye B. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 17-104 OF THE COMPREHENSIVE ZONING ORDINANCE RELATING TO LANDSCAPE REQUIREMENTS Councilman Manning moved to table this item for further study and Councilman Withers seconded the motion. Mr. Hall said they need to set a specific time frame for questions to be answered. Councilman Manning felt there was no hurry, and Mayor Pro-rem Glazener said he would like to see it voted on before he is off the Council. Mr. Hall said that staff needs to know when this is to come back. Councilman Manning amended his motion to table until the May 7, 1990 meeting, and Councilman Withers agreed with the amendment. The motion then carried with a unanimous roll call vote. C. CONSIDERATION OF AN ORDINANCE AMENDING THE ENGINEERING AND DESIGN CRITERIA MANUAL Councilman Manning said he thought the phrase, "and any subsequent amendments" was to have been deleted from the ordinance and made a motion to approve the ordinance with that deletion. Councilman Weaver seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF A BUDGETED CASH TRANSFER OF $300,000.00 FROM THE UTILITY FUND TO THE GENERAL FUND Councilman Alianell moved to approve the cash transfer and Councilman Manning seconded the motion which carried with the following vote: Manning - Aye, Withers - Aye, Alianell - Aye, Weaver - Abstain, Marks - Abstain, Glazener - Aye 8. CONSIDERATION OF A RESOLUTION AUTHORIZING JOINT INVESTMENT OF PUBLIC FUNDS James England gave a presentation to the Council explaining how this particular investment fund operates and the benefits to the City. (See Attachment "A") Councilman Weaver asked if all the money would be put into this fund and Mr. England stated that we would still diversify, but this gives the City another option, perhaps putting only about One Million Dollars in this fund. There followed a discussion regarding what the money would be invested in, the proposed investment fee. Mr. England explained that if in 6 months the City decides this is not what we need to be doing, we can pull out. Councilman Marks moved to approve the resolution as written, and Councilman Weaver seconded the motion which carried with a unanimous roll call vote. 9. CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE ACQUISITION OF RIGHT-OF-WAY 00359 FOR STATE HIGHWAY 121 Mr. Hall explained that is requested and required by the State Department of Highways and Public Transportation for the finalization of the R.O.W. donations for Highway 121. Councilman Marks moved to approve the resolution as written, and Councilman Weaver seconded the motion which carried with a unanimous roll call vote. 10. CONSIDERATION OF APPOINTMENT OF AN ADVISORY COMMITTEE ON ANIMAL SHELTER STANDARDS AND CARE Mr. Hall explained that this was brought to the Council's attention by Councilman Withers and that it is required by H.B. 2379, that cities appoint an advisory committee on animal shelter standards. Mr. Hall went on to say the bill sets out the persons to be appointed. Councilman Withers said this committee will assist the City in complying with the Act. Members to be appointed are as follows: Councilman Steve Withers, Dr. Fred Holt, DVM, Lise Paul, Animal Control Officer, Peggy Dalbo, The Colony Humane Society, and Patricia Vance, Alternate; The Colony Humane Society Councilman Alianell moved to approve the appointment of the committee, and Councilman Manning seconded the motion which carried with a unanimous roll call vote. 11. CONSIDERATION OF VOTING TO PLACE JIM ALEXANDER ON THE COMMUNITY JUSTICE COUNCIL Mr. Hall explained that new legislation requires each county to establish a Community Justice Council and that it requires as one of its members a Councilmember from the most populous city in the County, going on to say that Mayor Ray Stevens from Denton and his Council have recommended Jim Alexander to sit on this council. Councilman Weaver moved to vote for Mr. Alexander as a member of the Community Justice Council, and Councilman Manning seconded the motion which carried with a unanimous roll call vote. 12. COUNCIL COMMITTEE REPORTS (OPTIONAL) Councilman Alianell , representing the Beautification Committee, reminded everyone of the April 21 Clean-up Day and stat. ed that several programs are being initiated by the Committee, but will have to wait for the weather to clear to be implemented. Councilman Aliane]l asked people to contact him or Steve Glazener if they are interested in becoming active in the Clean-Up Day, requesting that the media give special attention to this project. 13. CITY MANAGER'S REPORT With no further business to address, Councilman A]ianell moved to adjourn and Councilman Manning seconded the motion which carried with all members votin8 Aye. Mayor Pro-tem G]azener adjourned the meeting at 9:40 p.m. APPROVED: Don ~rn-ick,~May~r ATTEST: · - ' -' ity Secretary [SEAL] REASO~N FoR'.CREATION The Local Government Investment.Fund for Texas was created for governmental entities to invest funds in a prOfessionallY· managed .PortfOlio .of money market instruments, .PORTFOLIO MANAGEMENT Fidelity Management and Research CO,. Of~Dallas and Boston 'provides· investment advice to'·the Fund, FMR i's one of the natlon's..oldest and largest privately owned investment management firms, Fidelity has more than 40 years;'..exper.ience in investment management and has over. $100 bil.llon of' assets currently under management, .INVESTMENT OBJECTiVF, In accordance With Article 4413, Texas Revise~ Civil Statutes, tile FUnd's·obj.ectlves include obtaining the highest possible rate of return while providlng necessary proteCtion of principal. The Fund will place its priorities as listed beloW: SAFETY LIQUIDITY YIELD .DAILY LIQUIDITY Investment purchase orders placed by 12:00 Noon will , earn income tllat day Investment redemption ' instructions receiVed by 12.00 Ndon will be wire . 'transferred via ~lle Federal ReServe wire system the same day, ANNUAL FEE' RATES On the first $100 million ov average daily net assets ,45% Oh average daily net assets in excess of $100 million through $200 mi'llion ,40% ON'average da'ily net assets~in excess of $.200 million ,37% C~r~ent average daily assets $58'mill. ion .: '.'... LOcal .... G'ov4r'niii~iit ::' ]~n:vegtm'eii~ [~ttlitl . for T~xas .. Z LOe.. A..,iz"GOgiRp NM;EN.T :~NVES~.MENT 'i~'UND'~ FoR"TEx,~-s . 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GOVERNMENTS 1', NOi~th C'entral TeXas CoUncil of Governn~ents 7, AddiSon t 8, McKlnneY "