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HomeMy WebLinkAbout10/01/1990 City Council 00377, MINUTES OF THE CITY COUNCIL MEETING HELD ON OCl~BgR 1, 1990 The Regular Session of bhe City Council of the City of The Colony, Texas was called bo order at 7:02 p.m. on the 1st day of October, 1990 at City Hall wibh the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Absenb Sbeve Withers, Councilman Present Mike Alianell, Councilman Presenb Rob Burchard, Councilman Present Lou Gomez, Councilman Presenb Joel Marks, Councilman Arrived 7:20 and wibh five present, a quorum was esbablished and bhe following ibems were addressed: 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2G, REGARDING PERSONNEL, TO-WIT: A. INTERVIEW FOR BOARD APPOINTMENTS 8:20 p.m. Ab bhis time, Mayor Manning was called away from the meeting bo receive a phone call. After convening in open session bhe following items were addressed: 2. PLEDGE OF ALLEGIANCE 3. PRESENTATION OF PLAOUE OF APPRECIATION TO FORMER MAYOR DON AMICK Mr. Amick was oub of bown and could not be present. 4. CITIZEN INPUT Jim Wallace, 5032 Pemberbon, addressed bhe council regarding a problem his son-in-law had experienced regarding a car which he had ]efb on bhe parking lob ab Wal-Mart for sale. Mr. Wallace said bhe car was towed from bhe lot after being bhere less than an hour, bhab it cost him $60.00 bo geb his car back and bhat Wal-Marb said bhey were coerced bo have cars towed, per a Ciby Ordinance, but bhat bhey(Wa]-Marb) don't mind the cars being bhere. Mr. Hall explained bhat this has been an on-going problem for some bime and that the decision bo have cars towed was that of Wal-Marb, not the City of The Colony, and that he would be happy ko meeb wibh Mr. Wallace ab a later bime to fully explain 003770 this matter. 8:B3 p.m. At this time, Mayor Manning returned to the meeting. Ed Shank, 555B Vance, complained that ice cream trucks play music over and over again for 10 minutes to an hour at a time. He said the police cannot do anything about it. Councilman Gomez said he has the same problem in his neighborhood. Councilman Marks said there are only two trucks in town and we should just tell them not to play the music if parked over 5 minutes in one place. Dick Weaver, 4940 Hackney, reported on the 9-1-1 committee, stating the budget this year is a good one and that the board is in good shape financially. 7. CONSIDERATION OF APPOINTMENTS TO BOARDS Mayor Manning announced there would be no action taken on this item. 8:42 p.m. Mayor Manning again excused himself from the meeting. 5. PRESENTATION OF EMPLOYEE SERVICE AWARDS Katherine Martinez presented awards to the following employee: Richard Renfro, Police Department - 5 year Keychain The following employees were not present to receive their awards: Andy Longo, Police Department.- 8 year pin Pam Nelson, P & R - 3 year pin Bruce Stewart, Police Department- ~ year pin Steve Westerfield, Public Works - 5 year keychain Joe Clark, Police Department.- 5 year keychain Katherine Martinez also received a 5 year keychain. 6. CONSENT AGENDA Mayor Pro-rem Withers su~m~arized the items on the Consent Agenda and then Mayor Manning returned to ~he meeting. He explained that his commander from the National Guard had been calling regarding his impending departure. A. CONSIDERATION OF APPROVAL OF MINUTES OF THE SEPTEMBER 5, 10, 12, 17 AND 24, 1990 COUNCIL MEETINGS Councilman Marks moved to approve the minutes as written and Councilman Gomez seconded the motion, which carried with a unanimous roll call vote. 4 00377o B. CONSIDERATION OF APPROVAL OF EMPLOYMENT CONTRACTS FOR WILLIAM HALL, PATTI HICKS, JAMES ENGLAND, TOMMY TURNER, VAN MORRISON AND BOB VAN TIL FOR THE 1990/91 FISCAL YEAR Bill explained ~hat the Council implemented these contrac~ 3 years ago for employees not on the pay plan and with salaries that are set by Council, noting they were approved in the budget. Councilman Marks moved to approve the contracts as presented and Councilman Gomez seconded the motion, which carried with a unanimous roll call vote. C. CONSIDERATION OF RATIFICATION OF AN AMENDMENT TO THE TEXAS WASTE MANAGEMENT CONTRACT REGARDING RATES Mr. Hall explained that Texas Waste had asked for a 4% rate adjustment due to ~he oil crisis spawned by the Mid-East problems, and that the Council did approve the increase through December 31, 1990, with the understanding ~hat the CPI will revert back to the present rate before being implemented in January 1991. Councilman Marks pulled this item for discussion, stating that he agrees with this but thinks that the City Manager should look into the rest of the contract and see if Texas Waste can be made to repair some areas of the city for which they are responsible. Mr. Hall said there is cooperation with Texas Waste and ~hat he will address those items with them. Councilman Marks moved to approve the addendum and Councilman Gomez seconded ~he motion, which carried with a unanimous roll call vo~e. D. CONSIDERATION OF APPROVAL OF A BUDGETED CASH TRANSFER IN THE AMOUNT OF $300,000.00 FROM THE UTILITY FUND TO THE GENERAL FUND AND A BUDGETED CASH TRANSFER IN THE AMOUNT OF $100,000.00 FROM THE LAND FUND TO THE UTILITY FUND Mr. Hall explained these two cash transfers were approved in the 90/91 budget process, noting that the $100,000.00 is the first to be applied to depreciation. Councilman Marks moved to approve the transfers and Councilman Gomez seconded the motion, which carried with a unanimous roll call vote. E. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES BY DELETING SECTION 2-7, 2-8, AND 2-9 Mr. Hall stated that the position of Operations Manager was created by Ordinance last year, and this year the position was eliminated during the budge~ process, noting that it. is appropriate to amend the ordinance to delete the position. Councilman Mar~.~,~ove~d to approve the ordinance as writt~en and Councilman Gome~ seconded the motion, which carried with a unanimous roll call vote. 5 F. CONSIDERATION OF APPROVAL OF A RESOLUTION APPROVING THE 1990/91 FISCAL YEAR BUDGET OF THE DENTON COUNTY EMERGENCY COMMUNICATION DISTRICT (E-911) '--' Mayor Manning read the caption of ~he resolution. Mr. Hall explained that ~he budget for 90/91 is good, with no projected increase of the base rabe cost. Councilman Gomez pulled this item so Mr. Dick Weaver can report, on the budgeb. Mr. Weaver said bhe budge~ is good, below the money necessary bo operate next year. He said $556,000 in additional funds is available. Mr. Weaver said ~here is money se~ aside cover ~he cosb of installing any new PSAPs. Councilman Alianell asked Mr. Weaver's opinion of David Purefoy, ~he director whose berm is expiring and who has asked to re-appointed. Mr. Weaver said he does a good job and is very conservative. There was a brief discussion between Mr. Weaver and Mr. Jim Wallace regarding ~he additional money and bhe use of that money. Mr. Hall explained [hab money is lef~ from bhe original funds used to purchase equipment, starb up ~he system and opera~ion. Councilman Gomez moved to approve the Resolution and Councilman Alianell seconded the motion, which carried wi~h a unanimous roll call robe. 8. CONSIDERATION OF APPROVAL OF A REQUEST FROM THE SENIOR CITIZENS TO ADOPT PERRYMAN PARK George Lindquist, representing the Senior Citizens, said this had been taken to the Park and Recreation Board, who had recommended approval. Mr. Lindquist said ~he group wan~s t.o help beautify the city by adopbing a park. He said they plan on improving the pavilion, picnic babies and signs. Mr. Lindquis~ said in the next five years they will plant new ~rees, re-paint the playground equipment and put in new plants. Councilman Alianell moved to approve bhe request and Councilman Gomez seconded the mo~ion. Councilman Burchard asked aboub a request for sand lot volley ball at bhe park for the firemen, noting bhat he is not, in favor of tha~. It was sba~ed that is nob a part of this request. The vote was taken and the motion carried wi~h a unanimous roll call vote. 9. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY AMENDING THE WATER AND SEWER CODES AS ADOPTED BY ORDINANCE NO. 449 THE 29TH DAY OF SEPTEMBER, 1986; RELATING TO WATER RATES FOR OUT OF CITY CUSTOMERS Mayor Manning read the caption of ~he ordinance as follows: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 12, ARTICLE I, SECTION 2, RELATING TO THE WATER AND SEWER CODE, BY AMENDING SECTION 6, OF THE WATER AND SEWER 6 00378z CODE AS ADOPTED BY ORDINANCE NO. 449 SEPTEMBER 29, 1986; PRESCRIBING AND SETTING USER RATES AND CHARGES FOR SALES AND SERVICES OF THE WATER SYSTEM OF THE CITY OF THE COLONY, TEXAS TO CUSTOMERS LIVING OUTSIDE THE CITY LIMITS OF THE COLONY; REPEALING ORDINANCES, RESOLUTIONS, AND ORDERS IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE Mr. Hall stated the Beach and Tennis Club was disannexed several months ago and now some of the residents are interested in tieing into our water system, noting that Torrmy Turner has talked with the City of Dallas and with the residents to work out the details. Councilman Alianell moved to approve the ordinance and Councilman Gomez seconded the motion, which carried with a unanimous roll call vote. 10. DISCUSSION OF AMENDING SECTION 3 OF THE CODE OF ORDINANCES RELATING TO LATE HOURS PERMITS FOR THE SALE OF ALCOHOLIC BEVERAGES Mr. Hall advised the Council of some disparity between our existing ordinance and the Alcoholic Beverage Code, noting that the Code states city's may pass an ordinance allowing late sale of alcohol (past midnight), however the code allows for the late sale every night of the week and our existing ordinance only allows for late sale on Thursday, Friday and Saturday nights. Mayor Manning said we can either delete the existing ordinance or amend it to allow late sales 7 nights a week. Councilman Gomez said he is in favor of 7 days a week and Councilmen Burchard and Withers both stated they are not. Councilman Alianell asked how this would work if the ordinance deleted. Patti Hick explained that if the ordinance is repealed then State law would mandate the sale of alcohol to stop at. midnight every night. Councilman Marks said since we already have late hours in place and the people did vote it in years ago, we should no~ just stop allowing it. Councilman Withers expressed concern regarding the law enforcement aspect of two more hours of alcohol sales the other six nights of the week. There following a lengthy discussion regarding the pros and cons of late hour alcohol sales, effects on drunk driving, patrol, etc. Discussion ended with Councilman Marks asking if the Council is ready to close the businesses which will be effected. Nathan George, representing O~Rileyts at 5110 Paige Rd., said the late hours from 12-2 allow for live entertainment.. If they close at midnight, some people will leave at midnight, drive to Dallas, drink until closing, then drive back to The Colony. Mr. George said they train their people to check the customers and to cut them off to more alcohol if they have had too much. Mr. George reiterated that an establishment, has no credibility 7 00378z for entertainment if they close at midnight. After another general discussion, Mayor Manning st. ated no decision can be reached tonight and directed staff to bring back '-"- two ordinances for discussion and Council will then decide which way to go on this issue. 11. CONSIDERATION OF APPROVAL OF AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES, AMENDING THE WATER AND SEWER CODES AS ADOPTED BY ORDINANCE NO. 449 ON THE 29TH DAY OF SEPTEMBER, 1986, RELATING TO INDUSTRIAL WASTE Mayor Manning read the caption of the ordinance as follows: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 12, OF THE CODE OF ORDINANCES BY ADDING ARTICLE III, RELATING TO INDUSTRIAL WASTE; AMENDING THE WATER AND SEWER CODE AS ADOPTED BY ORDINANCE NO. 449 SEPTEMBER 29, 1986 BY DELETING CHAPTER 2 OF THAT CODE; REQUIRING PERMITS TO DISCHARGE INDUSTRIAL WASTE INTO THE SANITARY SYSTEM; REGULATING INDUSTRIAL WASTE SURCHARGE RATES; AUTHORIZING THE PROMULGATION OF REGULATIONS PERTAINING TO SUCH PERMITTING; PROVING DEFINITIONS; REPEALING ORDINANCES, RESOLUTIONS, AND ORDERS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE Jim Leighton responded to two questions from the Council. Councilman Alianell moved to approve the ordinance as written and Councilman Burchard seconded the motion, which carried with a unanimous roll call vote. 12. RECEIVE REPORT AND RECOMMENDATION FROM THE COMMITTEE ESTABLISHED TO PREPARE GUIDELINES FOR THE EXPENDITURE OF FUNDS BY THE BEAUTIFICATION COMMITTEE Councilman Marks said the cormnittee met September 24, 1990 and have the following recommendations for guidelines. 1. All expenditures in excess of $100.00 require City Council approval. 2. All expenditures under $100.00 require City Manager approval. 3. Funds earned the Slay/Baker Park fund raiser are not: included in these guidelines, however, any funds earned future fund raisers will be under these guidelines. Councilman Alianell said $100.00 is too small an amount. Mayor Manning agreed and suggested setting a $500.00 limit. Councilman Marks said these are just. suggested guidelines and the Council should set the amounts. Councilman Gomez suggested adding to the guidelines that the committee cannot come in 5 times a week with $100.00 trees to 8 00378,:, side-step the Council. Mayor Manning said he felt, this matter could be left to the City Manager, and asked what type of action should be taken. Mr. Hall suggested either a resolution or just a Council directive. Councilman Marks prefers a resolution. Mayor Manning asked if the present resolution requires the Council approval, and also said he would like to see the over all plan brought before Council for O.K. Councilman Withers suggested a Beautification Advisory Board and agreed with all over $500.00 to Council and all under to City Manager. Mayor Manning asked the City Secretary to prepare a Resolution adopting these guidelines for the October 15, 1990 agenda. 13. COUNCIL COMMITTEE REPORTS (OPTIONAL) Crime Stoppers - Councilman Marks said he is receiving information from the government regarding setting up training courses in our area. Golf Course - Councilman Alianell said the committee is putting together a prospectus. Golf Wesb has been in bouch. Senior Citizen Corf~nittee - a proposal will be coming before bhe Council soon, that will be of no cost bo the city. 14. CITY MANAGER'S REPORT 1. Fees Corrrnittee needs to address false alarms 2. Adult Probation - Evelyn Miller with Denbon Counby want to starb a program in The Colony for persons to work off hours, much like the Teen Court program. He said bhe main concern is bhere is no indemnity for the Ciby, only for the Probation Department. 3. Need Council input regarding the scoreboard for softball fields and reducing bhe hours at the Rec Center. 4. Building and Standards Coa~nission - David Rolbiecki said he has spoken bo Susan Marsh, attorney, regarding adopting an ordinance establishing this commission. Mr. Hall said he has seen similar boards and they work well. Both suggested using the members of the B.O.A. to serve on this commission also. This ordinance will be on the next agenda for action if the ordinance is back from the abtorney. Mayor Manning called a special session for October 8 for board interviews only. Wibh no furbher business to address, Councilman Burchard moved to adjourn, Councilman Alianel] seconded the motion which 9 00378,: carried with all members voting Aye. Mayor Manning adjourned t, he meeting at 10:37 p.m. APPROVED: Manning, Mayo_~ ATTEST: Patti A. Hicks, City Secretary [SEAL] 10