HomeMy WebLinkAbout03/04/1991 City Council MINUTES OF THE CITY COUNCIL MEETING
HELD ON
MARCH 4, 1991
The Regular Session of %he City Council of %he Ci%y of The Colony,
Texas was called %o order % 7:30 p.m. on %he 4~h day of March,
1991, a~ Ci%y Hall wi~h %he following Council roll call:
William W. Manning, Mayor Present
Mike Lynch, Councilman Present
S~eve Wi~hers, Mayor Pro-%em Present
Mike Alianell, Councilman Present
Rob Burchard, Councilman Present
Lou Gomez, Councilman Present
Joel Marks, Councilman Present
and wi%h six presen%, a quorum was es%ablished and %he following
i%ems were addressed:
1. PLEDGE OF ALLEGIANCE
2. CITIZEN INPUT
Rhe%% Self, 4510 Lakecres%, referred %o an ar%icle in The
Colony Leader which s~a~ed %he Council was undecided regarding %he
loan for %he Eas%vale Sewer System and %ha% %he Council wan%ed
commen%s from ci%izens. Councilman Burchard said ~he Council jus%
wan%s ~o be sure ~he ci%izens are aware of wha~ is happening and
%ha% he believes all %he Council is in favor of ~he projec%.
Dave Miller, 4524 Lake Highlands, spoke regarding %he same
issue, s%a%ing he is in favor and was no% aware of any doub% by %he
Council.
Councilman Wi%hers said he made %he s%a%emen% a~ ~he
meeting because he jus% wan%ed %o confirm %ha% %he ci%izens are in
favor.
Bob S%one, 4573 Nor%h Shore, said %here are signs on all ~he
mailboxes in Eas%vale s%a~ing %he Council is concerned abou% %his
loan and %ha% %here mus% be some basis for ~hose signs. Mr. S%one
said %he Ci%y %hinks Eas%vale is "Tobacco Row" and we are no% a
slum and we wan~ ~o be par% of The Colony and grow wi~h i%.
Tom Pe%ers, 7637 Wes%shore, congra%uta%ed ~he City of The
Colony, %he Council and s%aff for all %he work on ~he Eas%vale
projec% and s~a%ed %ha~ he may have s%ar%ed %he rumor abou~ Council
doub% in response %0 ~he article in %he paper, no%ing he wan%s
see %his projec% go.
Councilman Marks said he is surprised
%here is no negativism, ~he Council is 100% behind ~he projec% and
%ha% he is sorry %he ci%izens in %he area feel like second cousins.
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3. CONSENT AGENDA
A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL
MEETING HELD FEBRUARY 25, 1991
Councilman Lynch pulled %his i%em, %o commen% on %he fac%
I%em 7 of %he minu%es reflects %ha% %he S%a%e Revolving Fund loan
for %he Eastvale Sewer project was approved as was %he
au%horization to advertise for bids on cons%ruc%ion, which should
indica%e the Council is behind i% 100%.
Councilman Alianell %hen made a mo%ion %o approve the minutes
as wri%ten and Council Lynch seconded the mo%ion which carried with
a unanimous roll call vote.
B. CONSIDERATION OF RENEWAL OF A CONTRACT WITH TOMMY TUNKS
FOR OPERATION OF THE ISLAND MINI GOLF COURSE AT BRIDGES PARK
Councilman Gomez pulled this item %o ask about insurance
coverage and concerns expressed by %he P & R Board. Mr. Hall said
we now have %he insurance policy in hand and tha% since %he mee%ing
when the disrepair was no%ed by P & R, some improvemen%s have been
made. Mr. Hall said s%aff does recommend approval of the con%rac%.
Councilman Gomez made a mo%ion %0 approve %he con%rac%, and
Councilman Alianell seconded %he motion which carried with a
unanimous roll call vote.
C. CONSIDERATION AN ORDINANCE AMENDING THE CODE OF
ORDINANCES BY AMENDING CHAPTER 17 RELATING TO THE PLANNING AND
ZONING COMMISSION
Councilman Burchard pulled %his i%em and asked why we are
deleting %he Fire Chief from %he P & Z Commission. Mr. Hall
explained tha% the original Ordinance es%ablishing %he P & Z was
passed in 1977 and %ha% i% included the General Manager of
M.U.D., the Volun%eer Fire Chief, a member of the LISD Board and
o%hers. Mr. Hall wen% on %o say over %he years many changes have
been made and during %hose changes all %he above ex-officio members
were deleted excep% %he Fire Chief. Mr. Hall also said %he Fire
Chief, Police Chief and Bob van Til do review all plans before %hey
come %o Council.
Councilman Burchard made a motion to approve %he ordinance as
wri%%en and Councilman Lynch seconded %he mo%ion which carried wi%h
a unanimous roll call vote.
4. REVIEW AND APPROVAL OF THE DESIGN AND PLANS FOR AN ANIMAL
SHELTER AS PRESENTED BY DBA ARCHITECTS
Bryan Moore wi%h DBA Architects, presented the plans and
preliminary cos%s %o %he Council. Mr. Moore said %he shel%er would
have %he same basic s%ructure appearance as %he Utili%y Building,
since %hey will be in close proximity, s%a%ing %he preliminary
budget is $148,000 bu% tha% %his figure will probably go down
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abou% $145,000 when %he bids actually come in. Mr. Moore no%ed
%his includes cons%ruc%ion and %he ins%ailed equipmen% in
facili%y. Mr. Moore said he recommends using pre-manufac%ured
kennels because %hey work well and can be moved if necessary.
Councilman Gomez asked abou% securi%y for %he Animal Control
Officers wi%h regard ~o being caugh% in %he cages wi%h %he animals.
Mr. Moor explained how %he runs are buil% and no%ed %ha% no system
will guarantee an officer won'% be caugh%, bu% %ha% %hey can open
%he ga%e if i% closes.
Mr. Moore %hen fielded ques%ions regarding air condi%ioning,
landscaping, puppy and ca% rooms, e%c. Mr. Moore did state that if
an acous%ical ceiling is affordable, he recommends %ha%'%~ c~% down
on hea~ing and cooling expense, no%ing %ha% i% does cost more to
opera%e an animal shel%er anyway because you can only re%a'in 50% ~f
%he air, per S%a%e Law, due %o air borne diseases.
Councilman Gomez said i% looks good and encouraged %he
inclusion of %he acous%ical ceiling even if i~ cos%s more, going on
%o say if we need $153,000 %hen %he Council needs %o find
amoun% and do %his projec~ right.
Councilman Wi%hers made a mo%ion %o approve %he plans as
presen%ed and Councilman Burchard seconded %he mo%ion. Councilman
Gomez sugges%ed amending %he mo%ion %o include ~he acous%ical
ceiling as a par% of %he plans, no% an al%erna%e. Councilman
Alianell was in favor of leaving as an al%erna%e. Wi~h no more
discussion, %he vo%e was %aken and %he mo%ion was carried wi%h a
unanimous roll call vo%e.
5. APPROVAL OF ALLOCATION OF FUNDS FOR CONSTRUCTION OF THE ANIMAL
SHELTER AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR SAME
Mr. Hall said %ha% DBA did a grea% job on %he plans wi%h a low
budge%. He said %ha% s%aff will do %he landscaping and will ex%end
the utilities , noting this is a bare essentials project and ask
~ouncil %~ au%horiz~ %he-adver%isemen% of bid~. Mr. Hall ~id s~a%e
%ha% %he projec% may come in under %he projec%ed $148,000 bu~ he is
asking %he Council %o allocate $150,000 %o ~ake care of some of %he
i%ems which will be needed, such as upgrading %he air conditioning
or %he acous%ical ceiling. Mr. Hall said af%er %he bids come in we
will know exac%ly how much money is needed, no%ing %ha%
alloca%ion can be increased now or at a la%er da%e. Mr. Hall %hen
recommended ~aking ~he funds from %he IBM and Fox & Jacobs
contingency funds, which come from pre-paid %axes. Mr. Hall wen%
on %0 say %here are no o%her projec%s planned for %hose monies,
no%ing however, %here is a need %o upgrade %he public safe%y radio
sys%em. Mr. Hall said his recommenda%ion is %o deple%e %he IBM fund
and %ake %he balance from %he Fox & Jacobs fund.
Councilman Wi%hers made a mo%ion %o alloca%ed $150,000 from
%he IBM and Fox & Jacobs contingency funds %o pay for %he animal
shel%er and %o au%horize %he adver%isemen% for bids for
cons%ruc%ion of same. Councilman Lynch seconded.
There was a brief discussion regarding al%erna%ive plans.
Councilman Wi%hers said ~he S%a%e had closed down our presen%
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facility and i% is no% expandable, no%ing we have ~o build a new
one and ~his is %he bes~ way %o go. Mr. Hall also no%ed %ha%
S%a%e has given us a waiver regarding %he size and condi%ion of our
curren% shel%er'
The vo%e was %hen %aken and %he mo%ion carried wi%h a
unanimous roll call vo%e.
6. DISCUSSION REGARDING COUNCIL COMMITTEE SELECTION PROCEDURES
Councilman Burchard said he had asked %his i%em be placed on
%he agenda because %here seemed %o be some confusion as %0 how
commi%%ees are formed and who has ~he au%horley %0 form %hem. The
Councilman wen% on %o say ~ha% in %he pas~, %he Mayor was %he one
who de%ermined wha% commi%%ees should be es%abtished, who Chairs
%hose commi%%ees,and how of%en %hey should mee% and when %hey
should be dissolved. Going on %o say %his was done wi%h very
li%%1e inpu~ from %he res% of %he Council.
Councilman Burchard said %he Char%er does no% es%ablish
au%hori%y %o es%ablish commi%%ees excep% %o say i% belongs %o all
%he council. The Councilman did say he %hinks Mayor Manning has
gone %o grea% leng%hs %0 dis%ribu%e %he commi%%ees evenly however,
he asked %he Council %o discuss changing %he procedure and
presen%ed a proposal (See A%%achmen% "A"). --.
Councilman Gomez said %he Mayor had asked %he Council
express %heir desires regarding which commi%%ee %hey wished
serve on and he did no% receive much inpu%. Councilman Gomez wen%
on %0 say %ha% someone needs %0 be a% %he helm and %0 lead, going
on ~o say %he you(Burchard) never a%%ended a P & R Board mee%ing
when you were liaison and you only a%%end %he SUP Commi%%ee
meetings once. Councilman Gomez said he does no% se a need
change. Councilman Burchard said all he is asking for is
discussion regarding changing %he sys%em.
Councilman marks said %he problem is in your (Burchard)
observa%ion of %he sys%em no% working. Councilman Burchard said
yes, he %hinks i%'s possibly unfair %o le% %he Mayor make the
decisions alone and %hinks %he whole council needs %o be involved.
Councilman Gomez said he is not sure %he whole council could come
%o a logical decision.
Mayor Manning said he feels %here are far %o0 many commi%%ees,
s~a%ing ~here should be some s%anding commi%%ees bu% the number
should be limi%ed. The Mayor wen% on %o say special commi%%ees
could be appoin%ed in any fashion; ie, Mayor, Mayor and Council or
jus% Council. Mayor Manning said commi%%ees are robbing s%aff of
%heir du~y %0 ~he jobs and ~ha% he believes %he s%aff should do
%hose jobs and no% council commi%%ees.
Councilman Wi%hers concurred wi%h %he Mayor. Councilman
Burchard asked who would selec% %hose s%anding commi%%ees and
sugges%ed using %he same process as used in choosing Boards and
Commissions members. Councilman Gomez said i% is differen~ in
boards serve %wo years a~ a %ime, wi%h a special purpose and a
commi%~ee is a shor% %erm appoin%men%.
Councilman Marks said he of%en wonders why commi%%ees have
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ge% informa%ion from s~aff before %hey can even have a mee%ing and
%aking any action. Councilman Marks wen~ on %o say he %hough~
was %he Mayor's prerogative and %ha% i% has never been a problem..
Mayor Manning said if four Council have a problem wi%h
procedure %hen bring i~ for%h and ge~ i% solved. He wen% on %o say
%ha% Councilman Gomez wan%ed %o see council mee%ings %elevised on
Cable T.V., %herefore %he commi%%ee was formed and Councilman Gomez
chairs i%. The Mayor wen% on %o encourage o%hers %o do %he same.
Councilman Burchard said any 3 or less councilmembers can form
a commi%%ee wi%h no problem, bu% he is %alking abou% s%anding and
special commi%%ees es%ablished by %he Council and %ha% %hey should
be selec%ed by %he whole Council and no% allow one individual
appoin% by bias.
Councilman Marks said %ha% his%orically %he Mayor was afforded
%ha% du%y because %he Mayor spends more ~ime wi%h s%aff and has a
be%%er perspective of opera%ions.
Councilman Wi%hers said we could look over ~his proposal and
bring i% back %o %he Council a% a la%er da%e.
Rob Bauman said The Colony is a 4-2-1 ci%y and %he Mayor
presides over %he Council and %he Ci%y. Mr. Bauman said %here are
probably more impor%an% issues %han bringing all %he Council
%oge%her %0 agree on how commi%%ees are selec%ed. Going on, Mr.
Bauman said %his has been a major was%e of %ime.
Mayor Manning said if %he council desires %o bring for%h a
resolu%ion or o%her ac%ion %o adop% procedures, it is %heir righ%
~o do so.
Councilman Atianell made a mo%ion %o end %he discussion and
Councilman Gomez seconded. Councilman Marks sugges%ed %his be
reviewed by %he Char%er Commi%%ee. Per %he Mayor %here was no
ac%ion on %he mo%ion and %he Council moved % %he nex~ i%em.
7. COUNCIL COMMITTEE REPORTS
Cable T.V. - Councilman Gomez - me~ February 21, 1991. Larry
Bryan% wi%h TCI Cable Co. was presen% and %he commi~%ee discussed
broadcas%ing council mee%ings on %elevision. Dale Therio and Larry
Bryan% will be working %oge%her %o secure equipmen% necessary for
%ha% projec%.
Crime S~oppers - Councilman Marks - repor%ed %ha% someone
punc%ured %ires on 15 cars on Prui%% S~. las% week and %ha% Den%on
Coun%y Crime S%oppers has been con~ac%ed.
Golf Course - Councilman Alianell- Golf Wes~ has sen%
preliminary marke~ analysis and are very in%eres%ed in pursuing .
Also con%ac%ed by ano%her person inheres%ed. Mr. Hall said a
Hous%on man came in las% week and looked over %he proper~y, his
proposal would no% require any financial commi~men% from %he ci%y.
8. CITY MANAGER'S REPORT
1. The Colony Li%%le League reques%ed %o ut banners for each
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%each on %he fence during %he games and remove %hem af%er
games. Discussion regarding sponsors on %he signs, and direc%ion
%0 be sure %he %eam name is larger %han %he sponsor's and %hat the
banners are hung with clips no% %les.
2. Me% wi%h radio represen%ation on %he 800 mhz system, along
wi~h Chief Gibson and Cap%ain Wallace. Es%ima%ed cos% is
$177,728.00, on 5 year financing a% $46,000 per year (%hrough
Mo%orola). Spli% be%ween %wo depar%ments is no% a major capi%al
expenditure. Need %o consider as soon as possible.
3. Problem on Paige and 423 wi%h %rash on %he roadway.
Ci%izens complain. Sa%urday before %he parade, 18 people from
Public Works worked from 7 - 12 %o clean up %he %rash and on
Tuesday morning i% was back on Paige. I know we can't do any%hing
abou% i% bu% would solicit all ci%izens %o help keep the city
clean. Had hoped media would be present %onigh% and would pu% this
plea in %he paper.
9:50 p.m.
9. EXECUTIVE SESSION AS AUTHORIZED BY ARTICLE 6252-17 SECTION 2E
REGARDING LITIGATION, TO WIT:
A. LITIGATION - RESOLUTION TRUST CORPORATION VS
DENTON CENTRAL APPRAISAL DISTRICT, DENTON CENTRAL REVIEW
BOARD AND THE CITY OF THE COLONY
Upon reconvening in open session and wi%h no action necessary
regarding the Executive Session, Councilman Alianell made a mo%ion
%o adjourn. Councilman Wi%hers seconded %he mo%ion which carried
with all members vo%ing Aye. Mayor Manning adjourned %he meeting
a% 11:00 p.m.
10. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A
RESULT OF THE EXECUTIVE SESSION
No action.
APP/~ED:
William W. Manning, Ma~
ATTEST:
~a%~t-i A. Hicks, CMC
Ci%y Secre%ary
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