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HomeMy WebLinkAbout11/19/1990 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON NOVEMBER 19, 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 19bh day of November, 1990 ab Ciby Hall with bhe following Council roll call: William i. Manning, Mayor Present Mike Lynch, Councilman Presenb Sbeve Withers, Councilman Presenb Mike Alianell, Councilman Presenb Rob Burchard, Councilman Presenb Lou Gomez, Councilman Presenb Joel Marks, Councilman Present and with seven presenb, a quorum was esbablished and bhe following ibems were addressed: 1. PLEDGE OF ALLEGIANCE 3. MAYORAL PROCLAMATION DECLARING JAYCEES FAMILY WEEK Mayor Manning read the proclamabion in it's enbireby as follows: T~HEllEA$, The Colony Jaycees have been a vihal parb of the development of young leaders for our community for bhe pasb bwelve years; and ~4EREA$, The Colony Jaycees is bhe oldest communiby service civic organization in the corrrnuniby; and ~}HEREA$, bhis organization of young people has involved bhe entire family unit as i~ contributed to the betterment of bhis community through its involvement in such programs as Dave Cowan Memorial Park, Calls from Santa, numerous charity fundraisings, and the Candidates Nighb; and ~4~IEREAS, bhe United Sbabes Jaycees and ihs affiliated share and local organizabions have seb aside bhe Thanksgiving week in November bo recognize bhe Jaycee family unit; THEREFORE, I, William W. Manning, Mayor of the Ciby of The Colony, do hereby proclaim bhe week of November 18 - 24, 1989, as JAYCEE FAMILY WEEK and urge all cibizens of our community to give full regard to bhe pasb and conbinuing services of The Colony Jaycees and bheir families. 3 Dale Therio, represenbing The Colony Jaycees accepbed bhe Proclamabion and bhanked bhe Council and all bhe ciby for bheir help and supporb. 4. PRESENTATION TO FORMER MAYOR DON AMICK Mayor Manning presenbed Ciby wabch and a plaque of appreciabion bo former Mayor Don Amick for his service bo bhe ciby from 1984 bo 1990 as bobh a Councilmember and Mayor. 7:34 p.m. 15. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2G, REGARDING PERSONNEL, AND SECTION 2E REGARDING LITIGATION, TO-WIT: A. CHIEF OF POLICE 8:15 Upon reconvening in open session bhe following ibems were addressed: 16. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE CLOSED DOOR SESSION Mayor Manning sbabed Mr. Hall had done a wonderful job in looking for a new Police Chief, commending him for an --. excepbionally fine job. Mr. Hall bhen inbroduced bo bhe audience Mr. Ted W. Gibson, giving a brief background of Mr. Gibson, sbabing he had worked in bhe following agencies: paris, DEsobo, Farmers Branch, Lamar Counby, and currenbly Lewisville P.D. 2. CITIZEN INPUT Ken Wood, 5000 N. Colony Blvd. sbabed bhe currenb council agenda is nob on cable T.V. again, nobing bhab informabion on bhe cable is ofben oubdabed. Mr. Wood bhen showed a bag of brash from his fronb yard, sbabing he is nob complaining aboub bhe brash because bhere are lobs of bhoughbless, careless, irresponsible people in bhe world and enough ordinances can'b be passed bo cover all of bhem. Mr. Wood did say bhab bhe Council mush find a balance and bhen read 2 passages re: 1. Freedom and governmenb and 2. problems bo wabch oub for by polibicians. Dale Therio, 5220 Fisher Dr., said bhere had several issues before bhe council recenbly bhab all bhe cibizens of bhe ciby would have been inberesbed in bub for several reasons, nob everyone can abbend Council meebings. Mr. Therio said ib would help bo keep bhe public informed if bhe Council meebings could be belevised on Cable T.V. Mr. Therio said he has reviewed bhe franchise agreemenb and per bhab agreemenb bhe cable company is --~ required bo provide public access equipmenb. Mr. Therio offered 4 his help in accomplishing bhis. Alan Babb, 5565 Rice, along wibh Jimmy Willis, Volunbeer Firemen said bheir associabion helps needy families each year and bhab labely bhere have nob been enough cibizen parbicipabion in bhis associabion. Mr. Babb said bhis associabion is open bo all cibizens and would like bo sbarb by invibing bhe Councilmembers bo join, sbabing bhey meeb bhe firsb Tuesday of each monbh aR Fire Sbabion 2. Nabhan George, 5110 Pai~e, bold bhe council governmenb research says if esbablishmenbs close ab 12 midnighb D.W.I and P.I. incidenbs will increase. Mr. George also asked bhe sbabus of bhe survey. 5. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF MINUTES OF THE NOVEMBER 1 AND 5 COUNCIL MEETINGS Councilman Wibhers moved bo approve bhe minubes as wrib~en and Councilman Lynch seconded bhe morion which carried wibh a unanimous roil call robe. B. CONSIDERATION OF ACCEPTANCE OF LETTER OF RESIGNATION FROM TIM O'NEILL FROM THE PLANNING AND ZONING COMMISSION Councilman Wibhers moved bo accepb ~he resignabion and Councilman Lynch seconded bhe mobion which carried wibh a unanimous roil call robe. C. CONSIDERATION OF AN ORDINANCE VACATING AND ABANDONING A FIFTEEN FOOT WIDE ALLEY RIGHT-OF-WAY LOCATED IN THE CITY OF THE COLONY, BEING A TRACT OF LAND CONTAINING 0.046 ACRES Councilman Wibhers moved bo approve bhe ordinance and Councilman Lynch seconded bhe mobion which carried wibh a unanimous roil call robe. D. CONSIDERATION OF AUTHORIZING A JOINT USE AGREEMENT WITH LEWISVILLE INDEPENDENT SCHOOL DISTRICT FOR THE USE OF SPECIFIED FACILITIES Councilman Marks asked if all council was in agreemen~ wibh bhe informabion. All agreed. Councilman Gomez moved bo approve bhe agreemenb and Councilman Lynch seconded bhe mobion which carried wibh a unanimous roll call vobe. E. CONSIDERATION OF RESOLUTION APPROVING INTERLOCAL AGREEMENT WITH DENTON COUNTY FOR THE REPAIR OF WlTT ROAD Bill Hal reminded bhe council bhab in bhe budgeb process a 5 0088 capibal projecb for bhe repair of Wibb Rd. was discussed ab an approximabe cosb of $12,000.00. Mr. Hall wenb on bo sbabe bhab wibh bhis agreemenb, bhe road can be repaired ab a cos~ bo bhe ciby of $2700.00, explaining bhab by bhis agreemenb bhe work will be done by Denbon Counby and bhab bhe money can be baken from bhe Public Works sbreeb repair line ibem insbead of Capibal Expendibures. Mr. Dick Weaver asked if Buddy Cole had agreed bo bhis since, bhe area is now in his disbric~. Mr. Hall nobed bhab bhe change in disbricbs does nob bake place unbil January and bhab ab bhab bime, road and bridge disbricbs will no longer exisb, nobing bhab bhis will be approved by bhe whole Commissioners Courb nob jusb one Corrrnissioner. Councilman Alianell moved bo approve bhe agreemenb and Councilman Gomez seconded bhe mobion which carried wibh a unanimous roll call robe. 6. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL APPROVING THE WATER CONSERVATION PLAN, THE ENGINEERING PLAN AND THE ENVIRONMENTAL INFORMATION DOCUMENT FOR THE CONSTRUCTION OF A SEWER SYSTEM FOR THE EASTVALE AREA OF THE CITY OF THE COLONY Mayor Manning read bhe capbion of bhe Resolubion as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS APPROVING THE WATER CONSERVATION PLAN, THE ENGINEERING PLAN AND THE ENVIRONMENTAL INFORMATION DOCUMENT FOR THE CONSTRUCTION OF A SEWER SYSTEM FOR THE EASTVALE AREA OF THE CITY OF THE COLONY Mr. Hall explained bhe resolubion is bo formally approve documenbs, which bhe Council has already reviewed and agreed wibh; bhe Waber Conservabion Plan, bhe Engineering Plan, and bhe Environmenbal Informabion Documenb, for bhe S.R.F. loan bo insball bhe sewer sysbem in bhe Easbvale addibion. Mr. Hall said bhe sbabe requires bhis resolubion before final approval of bhe loan. Larry Freeman wibh Freeman-Millican Consulbing Engineers was presenb and fielded quesbions regarding bime frame, sbabing bhab bhe loan should be approved and bids adverbised in January. Mr. Hall said bhe projecb will hopefully be complebe by Sepbember of 1991. Councilman Alianell moved bo approve bhe resolubion and Councilman Burchard seconded bhe mobion which carried wibh a unanimous roll call robe. 7. FIRST READING OF AN ORDINANCE ALLOWING UPDATED SERVICE CREDITS FOR MEMBERS OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM EMPLOYED BY THE CITY OF THE COLONY Kabherine Marbinez, Personnel Direcbor, sbabed bhis is a conbinuing mebhod for upgrading rebiremenb benefibs and making 6 0088 ghem more responsive go ghe effects of infla%ion. Ms. Marginez said ghis year ~he amoung impacting %he budge~ is .05% of salaries, going on ~o say %his musg be approved on a yearly basis. James England said 6% was actually budgeted ~his year bu~ i% is nog nearly ~hag much and will only impac~ ghe budge~ a gogal of $1500.00 and no~ed gha~ ghis benefi% is only good if ig is updated annually. This i~em will be on ghe December 3, 1990 agenda for ac%ion. 8. CONSIDERATION OF APPROVAL OF THE TRANSFER OF THE RESPONSIBILITY FOR ANIMAL CONTROL SERVICES FROM THE POLICE DEPARTMENT TO THE HEALTH DEPARTMENT OF THE CITY OF THE COLONY Mr. Hall said sgaff has been working goward ghis for some gime, no%lng ghat Animal Congrol has been in ghe police depar~men~ wi~h gwo animal control officers and now one par~ ~ime officer. Mr. Hail said ghere were major concerns regarding Animal Congrol and %here had been several proposals for improvement wigh ghe besg option go place ig in ghe Healgh Dep%. Councilman Alianell said he fully suppor%s ghis move but asked if P.D. can s%ill monigor ghe calls in case of emergency. Mr. Hail said Channel 5 will be monitored by the P.D. dispa%cher, as well as ghe Wager and Was~ewater Depar%men~s, and if assistance is needed ghey only have go call. Councilman Wighers also noged ghey can be dispa%ched afger hours. Mr. Hall said ~he Animal Con%rol Officers have pagers and ghe phone number normally answered will be forwarded go ghe Pump S~agion after hours so thag emergency calls can be forwarded immediately go the officer on call. Mr. Hall also explained ghe budget impacg of $1800.00 is for administrative cosgs, gelephone, egc. There was, Mr. Hall said, a concern regarding eu%hanasia also and noted gha~ ~hose are now being handled by Dr. Fred Hol~, Veterinarian. Mr. Hall said two Public Works personnel are ~o be %rained so they can fill in when necessary, going on to say ~he Health Direc%or is in cons%an% congac% wigh the Healgh Depargmen~ which will preveng us from being caught in the recen~ si%ua%ion of having the Shel~er closed. Councilman Alianell called for the quesgion, all agreed. Councilman Gomez moved to approve ~he gransfer and Councilman Marks seconded ghe mo~ion which carried wi%h a unanimous roll call vo%e. 9. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES BY ADDING A NEW ARTICLE VI; CREATING A BUILDING AND STANDARDS COMMISSION FOR THE CITY OF THE COLONY, TEXAS Bill Hall said %his has been several ~imes, noting this board would give ~he city begter control over ordinance 7 violations in %he City and would take some of %hose violation out of Municipal Court. Mr. Hall said ~his in compliance with Senate Bill 1587. Suzanne Marsh, City A~%orney gave ~he background of %he ordinance, no~ing i~s basic legal provisions. Ms. Marsh did %ell %he Council %his board is a potentially powerful commission, no~ing ~his is a very new s%a~u~e and ~ha~ ~he council should be very sure ~he right people are appointed. Ms. Marsh covered %he types of cases %o be handled by board, noting %ha% no% all ordinance violations should be addressed by %his board: 1. order %he repair of buildings 2. declare a building substandard 3. order immediate removal of persons or property 4. issue orders %o any peace officer of ~he s~a~e 5. de%ermine amoun~ and dura%ion of penalty Ms. Marsh elaborated on %he above lis%, going on ~o say ~he committee has %he option on ~he fine amount. She also said ~he council can call %he board %o meet. Then Ms. Marsh covered ~he actual make up of %he board, vo~e and removal of members. There was a brief discussion regarding %he basis of ordinance and %he powers of %he commissioners, length of terms, etc. Ms. Marsh advised a limit can be added %o ~he number of terms allowed. Ms. also advised ~ha% %his board can be abolished completely if council desires. Mayor Manning %hen announced %ha~ %his item will be addressed la~er in ~he meeting in %he closed session as authorized by Article 6252-17 of V.A.C.S. 11. CONSIDERATION OF APPROVING A REQUEST TO DRILL A WATER WELL ON RESIDENTIAL PROPERTY Mr. Hall advised %he Council ~hat ~wo residents have requested %o dig a wa%er well on ~heir property in %he Lakeway Es~a%es area of The Colony, Richard Holding and Steve Mi%cheil. Mr. Hail said while %his has never been done in %he city, ~he Wa%er and Sewer Code do allow ~his ac%ion upon approval of City Council, by Resolution Mar%y Belcher & Mr. Mi%chelI were present a~ ~he meeting and %old %he Council %hey wan~ %0 use %he water for irrigation only, reminding ~he council %ha% %he State does allow ~his, bu~ ~hey (residents) wan~ %he Council's permission. Councilman Lynch asked how many wells, Mr. Mitchell said 4 - 5 and all residents will be using for irrigation of %heir property as well as %he Corp land directly behind %hem, noting %ha% ~hey all maintain Mayor Manning said we need ~o agree on appearance, ~ime frame, etc. and directed %he staff ~o research completely and bring back %o %he Council on December 3, 1990 for ac%ion. 10. FIRST READING OF AN ORDINANCE OF THE CITY OF THE COLONY 8 AMENDING THE CODE OF ORDINANCE BY AMENDING CHAPTER 2, ARTICLE III RELATING TO RECORDS MANAGEMENT Patti Hicks, City Secretary, advised hhe Council hhat this ordinance merely amends the currenh records ordinance adophed in 1987, to bring it inho compliance wihh recent legislation. Ms. Hicks advised the Local Governmenh Records Ach passed in 1989 requires thah municipalihies have an ordinance in place by January 1, 1991. There were no queshions, bhis item will be placed on the December 3, 1990 agenda for achion. 12. CONSIDERATION OF A RESOLUTION NOMINATING A MEMBER TO SERVE ON THE APPRAISAL REVIEW BOARD Councilman Alianell nominahed Dick Weaver to serve on hhe Appraisal Review Board and Councilman Gomez seconded hhe nomination. All members robed Aye. 13. COUNCIL COMMITTEE REPORTS (OPTIONAL) Sr. Cihizen Needs Commihhee - Councilman Alianell said a proposal will be coming before Council soon for dedication of land for use as a Senior Cihizen Cenher for hhe Cihy. Animal Shelter Shandards Advisory Commibhee - Councilman Wihhers said some preliminary plans have been made for a 30 x 60 shelher to be located by hhe Water Departmen~ on Lake Highlands, including 20 kennels, all enclosed. The preliminary coshs are $143,051.00 plus $10,00 if bricked, $1000 for furniture, $2000 for fencing and $5000 for a parking lob. Consensus of Council was to move forward with the plans. Adverhisemenh of Request for Proposals will be placed on hhe December 3, 1990 agenda. Beautification - Mayor Manning said a masher Plan is needed and should be provided to the Council by bhe commihtee and then bhe corrrnihtee should be involved wihh that plan bub should nob be carrying oub thah plan. Councilmen Wihhers and Alianell said thah has always been the inhenh of hhe commihhee. 14. CITY MANAGER'S REPORT Renhal Re-hab Pro,ram -Bob van Til advised the council bhah the Cihy does not qualify for the Program and has wihhdrawn. Rec¥clin~ - Bob van Til said a 4 member bask force has been established and one recycling center has been set up across from Cenbral Fire Sbabion with a second bo be seb up across from hhe Waher Deparbment. These cenhers are for aluminum, glass, and clear or frosbed plastics, but no newspapers. Mr. van Til said the slogan is "CHOOSE TO RE-USE". If any money is realized from bhe sale of bhese items collected Texas Washe Management will pay hhe cihy bhat amount. 9 {'}{}3850 Bill Hall advised bhab bhe Lakeway Esbabes sign ab 423 and N. Colony is in bad repair and F & J does nob wanb bo mainbain ---, ih, so ib will be removed. He said a local organizabion wanbs bo adopb bhe median and bheir proposal will be on bhe December 3 agenda. Mr. Hall also advised bhe bore under 423 ab bhe Office Creek sibe has been done for a long bime, wibh bhe undersbanding an irrigabion sysbem would be insballed, bub ib has nob been done yeb. He said bhe esbimabe bo have done by conbracb is $1800.00 for a manual sysbem and $2400.00 for an elecbric-aubomabic sysbem. He said bo do in-house would only be aboub $800.00 hub ib would have bo waib unbil February. Councilman Gomez said bhe wabering season is over anyway so why nob waib. All agreed. 10:45 p.m. 15. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2G, REGARDING PERSONNEL, AND SECTION 2E REGARDING LITIGATION, TO-WIT: B. TAX ASSESSOR - COLLECTOR C. PENDING LITIGATION - REDDEN Afber reconvening in open session, bhe following ibems were addressed: ~--- 16. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE CLOSED DOOR SESSION Councilman Gomez moved bo appoinb Jane Barbon bhe inberim Tax Assessor/Collecbor bo serve direcbly under bhe Council. Councilman Alianell seconded bhe mobion which carried wibh a unanimous roll call vo~e. Councilman Burchard moved for Bill Hall and Sbeve Wibhers bo presenb bhe proposal of giving Ms. Redden bhe 25' easemenb ab bhe back of bhe properby and bhe ciby keeping bhe drainage dibch, bo Ms. Redden's abborney. Councilman Gomez seconded bhe mohion which carried wibh a unanimous roll call robe. Wibh no furbher business bo address, Councilman Burchard moved bo adjourn and Councilman Gomez seconded bhe mobion which carried wibh all robing Aye. Mayor Manning adjourned bhe meebing ab 11:53 p.m. APPROVED: ~i--l~[iam W7 Man~lXfig, May'~ 10 P~i A. Hicks, City Secretary [ SEAL ] 11