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HomeMy WebLinkAbout11/05/1990 City Council00382' MINUTES OF THE CITY COUNCIL MKETING HELD ON NOVEMBER 5, 1990 The Regular Session of bhe Ciby Council of bhe Ciby of The Colony, Texas was called bo order ab 7:30 p.m. on bhe 5bh day of November, 1990 ab Ciby Hall wibh bhe following Council roll call: William W. Manning, Mayor Presenb Mike Lynch, Councilman Presenb Sbeve Wibhers, Councilman Presenb Mike Alianell, Councilman Absenb Rob Burchard, Councilman Presenb Lou Gomez, Councilman Presenb Joel Marks, Councilman Presenb and wibh six presenb, a quorum was esbablished and bhe following ibems were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Billy Sharp, 4909 Middlebon Cir, said bhe bax figures used by Mr. England in bhe work session, which had been received from TABC were nob enbirely correcb, going on bo say bhe amounb given was on mixed drink sales only, nob food, beer or wine. Mr. Sharp said bhe ~ax money goes bo school funds, TABC sysbem, counbies, cibies, ebc. and bhab $9000.00 shown is nob bhe only benefit: bhe cit~y receives from bhe sale of alcohol. Mr. Sharp wenb on bo say bhe upcoming survey should be conducbed by a privabe company, nob ~he ciby or a cibizen's group. Mike Lynch, 4921 Roberbs said The Colony High School Band won firsb in bhe region and is going bo Ausbin for bhe Sba~e Dick Weaver, 4940 Hackney had four quesbions: 1. Who is collecbing bhe ad valorem baxes for bhe cit, y? 2. Who is signing bhe receipbs? 3. Is bhab person regisbered wibh bhe Sbabe as a bax collecbor? 4. Has bhe Council appoinbed a new ~ax collecbor. Mr. Hall responded: 1. Jane Barbon in bhe inberim, since Kabhie Smibh resigned. 2. There has been no receipbs signed yeb, bub t~hey will nobify Ausbin of bhe change. 3. No, Jane Barbon is nob, bub bhe Sbabe allows 180 days. 4. No, bhe Council has nob appoinbed a bax collecbor, nobing bhere had been some quesbions regarding bhe secbion in bhe Charber which sba~es bhe Council should do so, bu~ ~hab when bhe Cenbral Appraisal Disbricb was formed all Tax-Assessor Collecbor posibions fell by ~he way-side and ~hab bhere has nob been a Charter Amendmenb elecbion bo alleviabe bhab secbion. Mr. Hall 4 00882o went on to say there has not been an actual Tax Assessor- Collector in several years, and stated tha~ person now collects and accounts for baxes but nobices come from Denton Central Appraisal Disbricb, noting that a log and file are kept here. Mayor Manning said this is just another area. of bhe Char~er that needs amending. 3. MAYORAL PROCLAMATION DECLARING NATIONAL FAMILY WEEK Mayor Manning read the Proclamation in ils enbirety as follows: WliEREAS, the destiny of America is shaped not only by events within the councils of government, industry and finance, but also by the hand of God and the life and the love in each and every home in our Nation; and WHEREAS, ~he family is a fundamental unib of a healthful and progressive society; and WHEREAS, the family is a source of well-being, a place to give and receive love and to learn and live our ~radi~ions and the virtues and the values of responsibility, selflessness and self-reliance, loyalty, mutual respect, fairness and the power of faith; and WHEREAS, family devotion and cooperation are the most important builders of useful cit, izenship; and WHEREAS, ~he President of the Unit~ed S~a~es and both houses of the Unibed States Congress have proclaimed the week of November 18 through 24, 1990 (Thanksgiving Week) as National Family Week. NOW, THEREFORE, I, William i. Manning, Mayor of the City of The Colony, Texas hereby proclaim November 18 - 24, 1990 tO as, "NATIONAL FAMILY W~gEK" and urge the families of bhis City to observe this special week and bhat its wholesome effects be fe]~ ~hroughout the year. Mike Carter, representing the Church of Jesus Christ of Lat~er Day Saints accepbed the proclamation and presented the Mayor with a book for Family Evening Activities and each Councilman with a pamphleb called "Three Sbeps to a Happier Family". 4. PRESENTATION OF AWARD TO JAMES ENGLAND, FINANCE DIRECTOR Mayor Manning read a portion of a letter received from the 5 00382 Government Finance Officers AssociaRion (GFOA), in which was stated, "your comprehensive annual financial report for bhe fiscal year ended September 30, 1989 qualifies for a Cerbificate of Achievement for Excellence in Financial ReporRing." and "When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement is also presented bo the individual designated by the governmenR as primarily responsible for irs having earned Rhe certificabe." Mayor MAnning Rhen presented Mr. James England, Finance Director wibh an Award of Financial Report Achievemenb. Mr. England accepted and informed Rhe Council RhaR he appreciaRed their input and Rheir aRtentiveness when bhe Audib was presented for their review and approval and also bhe support he received from Mr. Hall, City Manager. 5. PRESENTATION OF EMPLOYEE AWARDS FOR MONTH OF NOVEMBER Katherine Martinez and Mayor Manning were prepared presenR employee awards Ro bhe following persons: John Hunt - 10 year wabch pabti Ristagno - 5 year pin Marge Roberson - 3 year pin Anthony Phillips - 3 year pin Lise Paul - 2 year cerRificate Chester Pannell - 2 year certificate Of the persons lisRed, Marge Roberson and Chesber Pannell were presenb bo accept their awards. 6. PUBLIC HEARING REGARDING THE STATE REVOLVING FUND LOAN FOR SEWER IMPROVEMENTS IN THE EASTVALE ADDITION Councilman Withers moved to open the Public Hearing, Councilman Marks seconded bhe motion which carried with all members robing Aye. Mayor Manning explained Rhe reason for bhis hearing is due Ro the possibility increase in costs of construction projects caused by Rhe Mid-Easb crisis. Mr. Hall said this hearing is not required by the Council felt this should be made as public as possible. Mr. Hall went on Ro say ~he Texas Water Development Board has said the $1,080,000.00 approved loan amount may nor be sufficienR for the Eastvale project and said there are some opRions. If bhe bids come in within the amount approved we are in good shape, bur if they come in over that amount and we have not requesRed any additional funds, ~hen we will have to cut Rhe project short or borrow the needed money from another source, inRerest on which could exceed the 5-6% from the StaRe. Mr. Hall said iR would be wise to anticipate a higher cost and Ro request additional funds from Rhe Texas WaRer Development Board, who has said there is more money available. Mr. Hall said the revised projected amounR is $1,327,300.00, 6 00882 bub bhe Ciby does nob have bo borrow bhat much. When the bids come in bhen we will know whab we need and we can borrow just that much. Mr. Hall said that will raise bhe assessment from bhe original amounb of $1.05 bo $1.30 per monbh per waber/sewer customer over a 20 year period. Jim Wallace, 5032 Pemberbon said bhab increase4 is over 2]% and would like a break down on bhe cost increase. Mr. Hall said conbracbors are escalabing all costs which are pebroIeum based producbs hub bhab we don'b know where the cosb increases will be when bhe bids are let. Terry Millican said we wi]] probably bake bids in January. Mr. Wallace asked if bhe loan applicabion has to be made before bhe bids are leb and Mr. Mi]]ican advised it, doe s. Jerry Rooney, 5301 Sagers, said bhe cit~y jusb raised water and sewer tabes and now this. Mayor Manning said bhis has been going on for quibe some bime, long before ~he water and sewer increase. Mr. Rooney said bhis should have been planned for and thab money collecbed already should have been used for bhis purpose because now bhe cibizens are going bo have bo foot bhe bill. Mr. Hall said there was a Public Hearing in February 1990 on bhis issue ab which 2 residenbs spoke out, nobing bhab the es~imabed assessment ~hen was between $1.08 and $1.15. Mr. Hall wenb on bo say ~hab we still aren'~ sure i~ will be $1.30, reminding all tha~ this was discussed during the meetings of bhe Waber and Sewer Sbudy Committee. Councilman Lynch said due bo time constraints, we must apply, but bha~ doesn'b mean we have bo take all the money applied for, noting bhab if the bids are boo high we can rejec~ them and starb over. 9. CONSIDERATION OF APPROVAL OF ABANDONING AND SUBSEQUENT DEEDING OF AN ALLEYWAY TO FOOD LION INCORPORATED Bill Hall said bhat~ all was O.K. during the si[e planning and now a buried phone cable block has been discovered, which may be exposed and damaged if bhe detenbion pond is excavabed as planned. Mr. Hall said bhe pond can serve bhe same purpose by being expanded in size and not going so deep. Bob va Til reiberated whab Mr. Hall said sbabing bhe pond can be made wider, hub bhe alleyway will need bo be abandoned bebween bhe sit, e and Chowning Cir., noting thab bhe Ciby engineers say this is a good plan. Roberb Marshall, civil engineer said bhe cable was 5' deep when originally laid but bhen bhe drain pipe excavation, lefb in only about 6" deep, no~ing bhis is a major cable. Mr. Marshall said Food Lion would be responsible for any repair mainbenance of ~he basin. There was a discussion regarding placemenb, effecb on bhe cable., etc. Terry Millican said he has reviewed the plan and agrees wibh the proposal, sbabing it will work bhe same as bhe original plan. Councilman Gomez sbabed bhat he had asked earlier if the 7 003820 alley is abandoned, would Food Lion agree go landscaping. Mr. Marshal said bhab due go space of [he sibe and parking requiremenbs, leaving a very narrow sbrip along 423, elaborabe landscaping had nob been possible. There followed a lengbhy discussion regarding landscaping of bhe properby and various opbions. Mayor Manning suggesbed babling bhis ibem unbil an agreemenb could be reached. Mr. Marshall suggesbed car shops go keep bhe parked vehicles from overhanging inbo bhe 3' sbrip along 423, which would allow for some more landscaping. Drew Smibh, General conbracbor, said bhe cosb will be increased if bhe projecb is delayed anymore, nobing bhe conbracbor is on si~e now and go delay 2 - 3 weeks would cause problems. Councilman Marks suggesbed approving bonighb wibh ~he understanding bhab landscaping will be improved. Mr. Hall said if approved [onighb, bhen landscaping can be a requiremenb before a Cerbificabe of Occupancy is issued. Mayor Manning said he is in favor of bhis requesh bug he feels we need more work on bhe 423 landscaping. Councilman Marks asked whab effecb moving bhe fence line will have on bhe residenbs and Mr. Marsh said none bhab he know of excepb ~here will be no alley. Mr. Hall said bhis was broughb bo bhe Council bonighb due bo [ime consbrainbs and bhab [here are documen[s go be approved on ~he November 19 agenda and ~hen Food Lion can answer bhe landscaping quesbions, hub bhab we need approval bonighb so bhe congracbor can conbinue. Discussion regarding fire probecbion, Chief Morrison sba~ed bhis would cause no problem. Councilman Gomez moved bo approve bhe abandoning and deeding of bhe alleyway bo Food Lion wibh bhe undershanding bhah more comprehensive landscaping is required. Councilman Lynch seconded bhe mobion which carried wibh a unanimous roll call robe. 7. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF MINUTES OF THE OCTOBER 15 AND 29 COUNCIL MEETINGS Councilman Marks moved go approve bhe minuhes as wri~ben and Councilman Wibhers seconded bhe mo~ion which carried wi[h a unanimous roll call robe. B. CONSIDERATION OF APPROVAL OF AN AGREEMENT WITH METROCREST MEDICAL SERVICES TO PROVIDE A CLINICAL ROTATION SITE FOR EMT/PARAMEDIC INTERNS Councilman Marks moved bo approve bhe conbracb and Councilman Wibhers seconded hhe mobion which carried wibh a unanimous roll call vole. C. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR A DUMP TRUCK AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT 8 003820 FOR PURCHASE OF SAME Councilman Marks moved 5o approve the bids and ordinance and Councilman Wibhers seconded bhe mobion which carried with a unanimous roll call robe. E. CONSIDERATION OF APPROVAL OF A JOINT USE AGREEMENT WITH LEWISVILLE INDEPENDENT SCHOOL DISTRICT FOR THE USE OF OUTDOOR RECREATIONAL FACILITIES Councilman Marks moved 5o approve bhe agreemenb and Councilman Wibhers seconded bhe mobion which carried wibh a unanimous roll ca]] robe. D. CONSIDERATION OF APPROVAL OF A JOINT USE AGREEMENT WITH LEWISVILLE INDEPENDENT SCHOOL DISTRICT FOR THE USE OF SPECIFIED FACILITIES Councilman Gomez reminded all bhab in bhe budget process a discussion was held regarding bhe pool expenses and bhab service given 5o LISD ab no cost, and ~he fact thab he questions if bhe Ciby gives more bo LISD bhan is received under bhis agreemenb, such as bhe city provides lifeguards ab no cost bo the school, bub bhen we have bo pay bhem to use bhe audiLorium of a school. Councilman Marks said we also provide ambulances ab high school games at no cost bo bhe school. Councilman Gomez said he wants sbaff Lo geb bhe figures on whab iL cost us bo provide services and vice versa, going on bo say ib cannob be done tonighb and suggesLed bab]ing bhis ibem. Mr. Hall said bhat has been looked ab and cosLs can be made available. Councilman Gomez babied bo allow Dime for research and Councilman Burchard'seconded bhe mobion which carried wiLh a unanimous roll call robe. 8. CONSIDERATION OF AUTHORIZING A LETTER TO THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION REGARDING THE PROPOSED CONSTRUCTION SCHEDULE FOR THE STATE HIGHWAY 121 BYPASS PROJECT Mr. Hall said ~his is one more lebber in a long line of documenbs supporLing bhe expansion and improvements along SH 121, nobing Lhe purpose is encourage the bimely le~bing of con,tachs for bhe 121 Bypass projecb. Councilman Marks moved bo approve bhe le~Ler and Councilman Burchard seconded bhe motion which carried wi~h a unanimous roll call robe. 10. DISCUSSION AND REVIEW OF A PROPOSAL FOR THE REPAIR OF WITT ROAD Bill Hall explained bha~ he had discussed bhis projec~ wiLh Denbon Counby Commissioner Sandy Jacobs and bhat afber December 31 bhe road and bridge funcbion will no longer be under aubhoriby of each commissioner, bherefore bhe projecb will have bo be complebed by December 15. The proposal includes an agreemenb bhab would allow repair of bhe road by using Counby's machine and our maberials, nobing bhe maberials have already been purchased. Afber a brief discussion, Council direcbed Mr. Hall bo proceed wibh bhe plans and bring ib back bo Council on November 19, if ib is feasible. 11. COUNCIL COMMITTEE REPORTS (OPTIONAL) Crime Shoppers - Councilman Marks said he had been conbacbed by Denbon Counby Crime Shoppers and he would like inpub from bhe resb of bhe council, bhe cibizens and bhe businesses regarding sbarbing our own program or becoming a parb of hhe Denbon Counby group. He asked for inpub by November 19, 1990. 12. CITY MANAGER'S REPORT 1. Proposal bo use $850.00 in Beauhificahion funds bo pay for bhe repair of bhe Cihy Logo signs ab various locabions in Ciby. Needs Council approval. Councilman Wihhers said bhe Commihbee has some plans in hhe works for 423 and have planned on bhe $10,000.00 budgebed funds for hhab purpose, going on bo say bhab hhese hype projecbs will chip away ab hhose funds. Mayor Manning reminded bhe Councilman bhab he had asked for an overall masher plan from bhe Beaubificabion Commihbee. Councilman Wibhers said bhab could be done, buh bhah he needs bo know aboub hhese projecbs, suggeshing bhey could be broughb t~o hhe commit~bee. Mr. Hall said he has no problem wibh bhah, however, bhis has been balked aboub since June or July and bhe signs are in bad shape, sbabing also hhat'= hhe irrigat~ion on 423 has been in hhe works for some bime and shrubs have even been boughb and shored ab Public Works, which are now dying. Mr. Hall wenb on, he has bo respond bo quesbions and bo say ihs "in commibhee" jusb doesn'b cut, There was a discussion regarding bhe process of expending funds and bhe manner in which plans are being made bo beaubify bhe ciby. Councilman Gomez said he bhinks bhe signs should be painbed and all agreed bo have hhah done. 9:47 p.m. 13. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2G, REGARDING PERSONNEL, TO-WIT A. CHIEF OF POLICE POSITION 15. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2G REGARDING LITIGATION, TO-WIT: B. PENDING LITIGATION - REDDEN 10 11:02 p.m. Upon reconvening in open session the Council addressed ~he following ihem. 14.CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE CLOSED DOOR SESSION Mayor Manning sta~ed ~here would be no achion ~aken ~onigh~ on either ihem and directed ~ha~ bohh be included on ~he November 19, 1990 agenda for another Closed Door Session and any subsequenb acbion. Wi~h no further business to address, Councilman Burchard moved adjourn ~he meeting and Councilman Gomez seconded ~he motion which carried with all members robing Aye. Mayor Manning adjourned bhe mee~in§ ab 11:04 p.m. APPROVED: William ~. Manning, Mayo~ ATTEST: Pa~i A. Hicks, City Secretary [SEAL] 11