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HomeMy WebLinkAbout02/25/1991 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON FEBRUARY 25. 1991 The Regular Session of %he Ci%y Council of %he Ci%y of The Colony, Texas was called %0 order % 7:30 p.m. on %he 25%h day of February, 1991, a% Ci%y Hall wi%h %he following Council roll call= William W. Manning, Mayor Arrived 8=17 Mike Lynch, Councilman Presen% S%eve Wi%hers, Mayor Pro-%em Presen% Mike Alianell, Councilman Presen% Rob Burchard, Councilman Presen% Lou Gomez, Councilman Absen% Joel Marks, Councilman Arrived 8:10 and wi%h four presen%, a quorum was es%ablished and %he following i%ems were addressed: 1. PLEDGE OF ALLEGIANCE Mayor Pro-%em Wi%hers s%a%ed %ha% Bill Hall, Ci%y Manager and Mayor Manning are enrou%e back %0 The Colony from McAllen, Texas where %hey have been %oday, finalizing %he applica%ion for S%a%e Revolving Fund Loan %o cons%ruc% %he sewer sys%em in Eas%vale Addi%ion. __~ 2. CITIZEN INPUT Jim Camp, 5024 Arbor Glen, said he addressed %he Council on February 4, 1991 regarding placing speed bumps in %he alley behind his residence and has had very li%%1e response, no%ing %ha% Mayor Pro-%em Wi%hers had said %here may be a S%a%e law prohibi%ing Chief Gibson said he has spoken wi%h our %raffic engineer, Hal Jones, who says %here is no S%a%e law bu% %ha% i% no% recommended. Councilman Alianell said he had spoken %0 A1 Sharp and %ha% he is going %o con%inue %o pursue %his and will keep Mr. Camp informed. Dick Weaver, 4940 Hackney, said %ha% a few weeks ago he had repor%ed some difficul%ies wi%h %he 9-1-1 sys%em. He said he had worked wi%h Chief Gibson and Mike Carroll as well as Sou%hwes%ern Bell, who came ou% and made adjus%men%s %o the sys%ems, which resolved the problems. Mr. Weaver said %he %elephone book has published ~ur emergency numbers wrong and %ha% %he wa%er bills will have a s~a%emen% on %hem advising ci%izens %ha% 9-1-1 is available in The Colony, and %ha% information will be placed in %he Goody Bag %o %ha% effec%. Randy Bie~anski, 5929 Ma~es Dr., who lives in Nor%hpoin%e and who's children a%%end B.B. Owens Elemen%ary school has been no%ified along wi%h o%her residen%s in Nor%hpoin%e %ha% %heir children wilt be bussed %o E%hridge Elemen%ary school nex% fall, due %o %he overcrowding a% B.B. Owens. Mr. Bieganski said %his is 4 unfair %o %he residen%s, going on %o say he is aware %he Council canno% %ell %he school board wha~ %o do, but asked if school si%es are considered when developments come in%o %he Ci%y. Councilman Alianell said he me~ wi%h Tony Tolleson, school board member and The Colony residen%, who understands %he concern bu% was unsure wha% could be done. Councilman Lynch said he also spoke ~o Mr. Tolleson regarding some al%erna%ives and advised %his is no% a "done deal". Lisa Wright, 7161 Fox Dr., said she and o~her commi%%ee members have me% wi%h Ben Harmon and Dr. Downing, offering a viable solu%ion %o ~he problem, which was received favorably. The proposal is %o build ano%her school building on %he 30 acres where B.B. Owens Elemen%ary is loca%ed. Ms. Wrigh% said %his has been done in o%her dis%ric%s and has worked well, no%lng %his is called a "primary spli%". In %his %ype school one building would house K- 2 and %he o~her grades 3-5. Ms. Wrigh% said bo%h men said %his is feasible and if i% is approved, more por%ables would be added %o B.B.Owens %o keep from bussing ~he children for ~he nex% ~wo years during cons%ruc%ion. Ms. Wrigh% asked if %he City could offer suppor% %o help ge% ~his plan approved by %he school board. Mayor Pro-%em said %he Council would have %o discuss %his and ge% back ~o her. Councilman Alianell speaking for himself, said he is in favor of ~he plan. 3. PRESENTATION OF EMPLOYEE AWARDS Katherine Mar%inez and Mayor Pro-%em Wi~hers presen%ed employee awards as follows: George R. (Ricky) Hale - 2 year cer%ifica%e Al%on Sco%% - 2 year cer~ifica%e No% presen~ %o receive %heir award were: Thomas Hu%son - 3 year pin Rus~y Rylan% - 2 year cer%ifica%e A% %his %ime, Mayor Pro-%em Wi%hers read a cer%ifica~e presen%ed %o %he Ci%y by %he Special Olympics, in apprecia%ion of %he City's par%icipa%ion in %he Special Olympics Mara%hon held in May 1990. Police Officers Ricky Hale and Barbara Markham were recognized for %heir par%icipa%ion in %he even~. 4. CONSENT AGENDA Mayor Pro-%em read %he i%ems lis%ed on %he Consen% Agenda and Mr. Bob van Til summarized each one for %hose presen%. A. CONSIDERATION OF THE APPROVAL OF THE MINUTES OF THE FEBRUARY 4 AND 11, 1991 COUNCIL MEETINGS Councilman Alianell made a mo%ion ~o approve %he minu%es and 5 Councilman Lynch seconded %he mo%ion which carried with a unanimous roll call vo%e. B. CONSIDERATION OF ANORDINANCE ORDERING A GENERAL ELECTION IN THE CITY OF THE COLONY TO BE HELD THE 4TH DAY OF MAY, 1991 FOR THE PURPOSE OF ELECTING A MAYOR AND TWO COUNCILMEMBERS Councilman Alianett made a mo%ion %o approve %he ordinance and Councilman Lynch seconded the mo%ion which carried with a unanimous roll call vo%e. C. CONSIDERATION OF A RESOLUTION AUTHORIZING A JOINT ELECTION WITH LEWISVILLE INDEPENDENT SCHOOL DISTRICT Councilman Alianell made a mo%ion to approve %he resolu%ion and Councilman Lynch seconded %he motion which carried wi%h a unanimous roll call vo%e. H. CONSIDERATION OF APPROVAL A BEACH/SWIM AREA AT STEWART CREEK PARK Councilman Alianetl made a mo%ion ~o approve %he beach/swim area as proposed and Councilman Lynch seconded %he mo%ion which carried with a unanimous roll call vote. D. CONSIDERATION OF ACCEPTANCE AND AWARD OF PROPOSALS FOR WRECKER SERVICE CONTRACT AND APPROVAL OF AN ORDINANCE AUTHORIZING SUCH CONTRACT Bob van Til explained %ha% research had been done regarding %he requirements on %his proposal, no%lng tha% Mr. Freeland, with Texas World Auto has been contac%ed as la%e as %oday and %ha% his yard s%ill does no% mee% all the requiremen%s, and that s%aff s~ill recommends awarding %he con%rac% %o Kampers Korners, Inc. Councilmen Lynch and Burchard pulled ~his item for discussion, with Burchard no%lng %ha% he had asked a ques%ion a% the previous mee%ing regarding ~he %ermina%ion clause of the contract, noting %hat according %o ~ha% sec%ion, nei%her party could %ermina%e con%rac% excep% in case of a viola%ion of the %erms. Af%er a brief discussion, Councilman Burchard made a mo%ion %0 %able %his i%em un%il the Ci%y Manager can address %he ques%ion regarding %he %ermina%ion clause. Councilman Lynch seconded %he mo%ion which carried wi%h a unanimous roll call vo%e. E. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF SOFT BODY ARMOR FOR THE POLICE DEPARTMENT AND APPROVAL OF ORDINANCE AUTHORIZING CONTRACT FOR SAME Councilman Lynch pulled %his item %o verify if ~he amoun% of vests to be purchased is s%ill 18. Chief Gibson advised tha% is correct. Brief discussion regarding difference in the %ypes of 6 vests bid. Councilman Lynch made a mo%ion ~o accep~ %he bids and award to Wald's Police Supply as recommended, in ~he amount of $5245.02, Councilman Burchard seconded the motion which carried with a unanimous roll call vote. F. CONSIDERATION OF APPROVAL OF A RESOLUTION AUTHORIZING PARTICIPATION IN THE DENTON COUNTY DRUG TASK FORCE Councilman Lynch pulled this item as well as I%em 4G because he was not a~ the Work Session when ~hey were discussed and wanted ~o vote on %hem apar% from ~he Consen~ Agenda. Councilman Alianell made a motion to approve Item 4F and 4G and Councilman Burchard seconded the motion. The motion carried with 3 of ~he four members presen% voting Aye. Councilman Lynch abstained. G. CONSIDERATION OF APPROVAL OF A RESOLUTION AUTHORIZING APPLICATION FOR A CRIMINAL JUSTICE GRANT TO PROVIDE A SCHOOL RESOURCE OFFICER See i%em 4F above. 5. CONSIDERATION OF APPROVAL OF A PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATION - SERIES 1991 Chris Janning, with Firs~ Southwest asked tha~ %his item be tabled until Mr. Boyd London arrives at the meeting. Councilman Alianetl made a motion ~o table this i%em until later in the meeting and Councilman Lynch seconded the motion which carried wi%h a unanimous roll call vo~e. 6. CONSIDERATION OF AN ORDINANCE PROVIDING FOR THE ISSUANCE OF CITY OF THE COLONY, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BOND, SERIES 1991, IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,330,000 Chris Janning noted that this item should be ~abled un~il March 18, 1991 meeting. Councilman Alianell made a mo%ion to table %his i%em until March 18, 1991 meeting and Councilman Lynch seconded the mo%ion which carried wi~h a unanimous roll call vote. 10. CONSIDER AND TAKE ACTION REGARDING A RESOLUTION RELATING TO THE GIVING OF NOTICE OF INTENT TO ISSUE APPROXIMATELY $1,330,000.00 CITY OF THE COLONY, TEXAS WATER WORKS AND SEWER SYSTEM REVENUE BONDS AND OTHER MATTERS RELATING THERETO Chris Janning advised tha% he had been handed a note %ha~ the State Revolving Fund Loan has been approved and %ha~ Mr. Hall, Mr. London and the Mayor are enrou~e to the City at %his %ime. Mr Janning said now it is necessary for ~he Council to pass %his resolution which is a Notice of In~en~ %o issue $1,330,000 in revenue bonds for the purpose of constructing the sewer system in the Eastvale Addition. Mr. Janning explained the purpose of the 7 bonds, s%a%ing i% is similar %o a promissory no%e %o %he S%a%e %he Ci%y issues %he municipal bonds as evidence %ha% i% will pay back %he loan over a 20 year period a% 5.5 % in%eres%. 8:10 - Councilman Marks arrived a% %he meeting. Councilman Alianelt made a mo%ion %o approve %he resolu%ion and Councilman Burchard seconded %he mo%ion which carried wi%h all members vo%ing Aye, with %he excep%ion of Councilman Marks, who abs%ained. 7. CONSIDERATION OF APPROVING THE ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF THE EASTVALE ADDITION SEWER PROJECT UNDER THE STATE REVOLVING FUND LOAN Mr. van Til no%ed tha% it is necessary for the Council au%horize the adver%isement for bids for the cons%ruction of sewer sys%em in %he Eas%vale Addition. Mr van Til said %his notice will be placed in %he Den%on Record Chronicle and %he Colony Leader. Councilman Alianell made a motion to au%horize the adver%isement and Councilman Burchard seconded the motion which carried with a unanimous roll call vote. 8:15 p.m. A% %his time, Mayor Pro-rem Wi%hers called a 15 minute recess to awai% the arrival of the City Manager, and the Mayor. Mayor Manning and Mr. Hall arrived a% approximately 8:17 and meeting reconvened at 8:35 p.m. Upon reconvening, %he Council addressed %he following i%ems: D. CONSIDERATION OF ACCEPTANCE AND AWARD OF PROPOSALS FOR WRECKER SERVICE CONTRACT AND APPROVAL OF AN ORDINANCE AUTHORIZING SUCH CONTRACT Mayor Manning no%ed tha% %his i%em needs %o be addressed before the next Council mee%ing and brought this back to the table. Councilman Bur~hard expressed his concern regarding the termination clause. Mr. Hall said %hat Section 7 does s%ate the contract is au%oma%ically renewable wi%h no %ermination clause, however, Section 9D would allow for %ermina%ion if necessary. Mr. Hall recommended approving the contract with an amendment to Section 7 %0 include a %ermination clause, allowing termina%ion by el%her par%y with 30 day writ%en notice. Councilman Burchard made a mo%ion %o award %he contrac% to Kampers Korners, Inc. as recommended and to amend the con%ract %o include a 30 day writ%en notice termination clause. Councilman Alianell seconded %he mo%ion which carried wi%h a. unanimous roll call vo%e. 5. CONSIDERATION OF APPROVAL OF A PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATION - SERIES 1991 Mayor Manning read the cap%ion of the Ordinance as follows: AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF CITY 8 ') . OF THE COLONY, TEXAS, CONTRACTUAL OBLIGATION, SERIES 1991, IN THE AGGREGATE PRINCIPAL AMOUNT OF $290,000; AND ENACTING OTHER PROVISIONS RELATING THERETO James England said this is new tool for financing capital purchases, noting this will be at 6.75% over a three year period. The amount includes $200,000 in this year's capital purchases and $90,000 left from last year's contract with Maryland National Leasing. Mr. England said the contract wi~h Maryland National was at 8.65% and refinancing it will save the City money in interes%. Mr. Janning added that this vehicle is an option to Lease Purchasing, which was implemented by the Legislature to help governmental entities avoid using lease purchase programs. Bill Hall made mention that the refinancing of the Maryland National Lease contract of $90,000 will have a positive impact on %his year's and next year's budget. Councilman Withers made a motion to approve the ordinance and Councilman Marks seconded the motion which carried with a unanimous roll call vote. 8. COUNCIL COMMITTEE REPORTS Councilman Withers advised the plans for the animal shelter will be on the March 4, 1991 agenda and that Bryan Moore from DBA Architects will be present. There were no other reports. 9. CITY MANAGER'S REPORT 1. The S.R.F. loan was approved in McAllen today. 2. Resolution Trust Corporation has filed suit against Denton Central Appraisal District, Denton Central Review Board and the City of The Colony with respect to the Shaddock and Cook property. The property was annexed by the City of The Colony and subsequently by the City of Plano. The dispute has never been resolved and since the property went into receivership and was has been picked up by R.T.C. their is a need to settle it. R.T.C. has said if they are not able to win this case, they will then file against Coltin County Appraisal District and the City of Plano. Mr. Hall requested an Executive Session be placed on the March 4, 1991 agenda to discuss this pending litigation with our attorney. With no further business to address, Councilman Withers made a motion to adjourn and Councilman Alianell seconded the motion which carried with all members voting Aye. Mayor Manning adjourned the meeting at 8:35 p.m. 9 00892~ APPROVED: William W/ Manning, ~r ATTEST: Paggi A. Hicks, CMC Ci%y Secre%ary 10 ATTACHMENT "A" (1) MINUTES AND CERTIFICATION PERTAINING TO A RESOLUTION THE STATE OF TEXAS COUNTY OF DENTON CITY OF THE COLONY On the 25th day of February, 1991, the City Council of the City of The Colony, Texas, convened in a regular meeting at the regular meeting place thereof in the City Hall, the meeting being open to the public, and notice of said meeting, giving the date, place and subject thereof, having been posted as prescribed by Vernon's Texas Revised Civil Statutes Annotated, Article 6252-17, as amended, and the roll was called of the duly constituted officers and members of said City Council, to wit: Bill Manning,. Mayor Steve Withers, Mayor Pro Tem Mike Lynch, Councilmember Mike Alianell, Councilmember Rob Burchard, Councilmember Lou Gomez, Councilmember Joel Marks, Councilmember and all of said persons were present, except for the following: ~ILL ]"~AI,(~IIII~2 ~Ou ~'OiqtE.~., ~ToEg t~ p~s , thus constituting a quorum. Whereupon, among other business, a Resolution bearing the following caption was introduced at said meeting: A RESOLUTION RELATING TO THE GIVING OF NOTICE OF INTENTION TO ISSUE OF NOT TO EXCEED $1,330,000 CITY OF THE COLONY, TEXAS, -WATERWORKS AND SEWER SYSTEM REVENUE BONDS, AND OTHER MATTERS RELATED THERETO The Resolution, a full, true and correct copy of which is attached hereto, was read and reviewed by the City Council. Thereupon, it was duly moved and seconded that the Resolution be passed. The Presiding Officer put the motion to a vote of the members of the City Council and the Resolution was passed by the following vote: AYES: NOES: ABSTENTIONS: MINUTES APPROVED AND CERTIFIED TO BE TRUE AND CORRECT and to correctly reflect the duly constituted members of the City Council 'of said City, and the attached and following copy of said Resolution is hereby certified to be a true and correct copy of an official copy thereof on file among the official' records of the City, all on this 25th day of February, 1991. Presiding ~£ficer, -~ City of The Colony~_T~_~as ATTEST: City Secretary, City of The Colony, Texas [SEAL] -2-