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HomeMy WebLinkAbout02/03/1992 City Council MINUTES OF THE CITY COUNCIL ME~TING HELD ON FEBRUARY 3, 1992 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. on the 3rd day of February, 1992, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Present Billy Sharp, Councilman Present Dale Therio, Councilman Present Rob Burchard, Councilman Present Joel Marks, Mayor Pro-tem Present and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT David Williford, 4165 Newton, addressed the Council on behalf of The Colony Fliers, a radio controlled airplane club. He said the club is still interested in a location to fly their model planes and that they do understand the issue is at a stalemate right now due to the golf course. Mr. Williford asked if the City would go to the Corps of Engineers and request a temporary permit for the club to use Wynnewood Park until such time as the golf course is underway. Mr. Hall explained that our lease on Wynnewood is on shaky ground, due to the hold up with the golf course and that he did not feel it would be in the best interest of the City to apply pressure to the Corps at this time. Mayor Manning recognized Tony Tolleson who was present with a Boy Scout Troop. Mr. Tolleson said the troop #281 was there to work on their badges. 3. MAYORAL PROCLAMATION DECLARING VOCATIONAL EDUCATION WEEK Mayor Manning read the proclamation in its entirety as follows: WHEREAS, the American Vocational Association has designated the week of February 10 - 14, 1992 as Vocational Education Week; and WHEREAS, the theme for Vocational Education Week is "Vocational Education: The Competitive Edge"; and 3 WHEREAS, vocational education supplies our country with a strong, well-trained work force, which enhances America's competitiveness in business and industry in the ~--'~ international marketplace; and WHEREAS, vocational education allows individuals the opportunity to gain the competitive edge, giving them a lifetime of personal satisfaction and occupational growth and productivity; and WHEREAS, vocational education helps young and old by stressing the importance of life-long learning and giving workers of all ages the ability to adjust to and compete in a rapidly changing economy and workplace; and WHEREAS, vocational education stimulates the growth and vitality of the City of The Colony businesses and industries and those of the entire nation by preparing workers for the occupations forecast to experience the largest and fastest growth in the next decade; and WHEREAS, a strong vocational education program planned and carried out by trained vocational educators is vital to the future economic development of our community and the well-being of its citizens. NOW THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Texas do hereby proclaim February 10 - 14, 1992, as: VOCATIONAL EDUCATION WEEK in the City of The Colony, and urge all citizens to become familiar with the services and benefits offered by the vocational educational programs in this community and to support and participate in these programs as necessary to enhance their individual work skills and productivity. SIGNED AND SEALED this 3rd day of February, 1992. William W. Manning, Mayor Patti A. Hicks, City Secretary Ms. Keigh Martin and a student were present to accept the proclamation. Ms. Martin extended an invitation to the Council to tour the vocational department at The Colony High School and to come by the Dale Jackson Center in Lewisville. 4. MAYORAL PROCLAMATION DECLARING BLACK HISTORY MONTH Mayor Manning read the proclamation in its entirety as follows: WHEREAS, The Colony African-American Association (TCAA), is committed to 4 0 0 A ? x:; raising consciousness and cultural awareness of the African American heritage of its membership and the citizens of the Colony, Texas and surrounding communities; and WHEREAS, TCAA promotes and provides for the support of the family unit by addressing cultural, social, economic, intellectual and educational interests; and WHEREAS, the month of February has been declared as BLACK HISTORY MONTH, and is a perfect time to reflect on the rich heritage and contributions of African Americans in American History; and WHEREAS, we remember the contributions and struggles of great Americans, such as Frederick Douglas, Harriett Tubman, Sojourner Truth, Booker T. Washington, George Washington Carver, Martin Luther King, Jr., and many others; and WHEREAS, by honoring the accomplishments of African Americans, Black History Month provides role models for children around the world; and WHEREAS, the designation of Black History Month heightens our awareness of African Americans contributions in American History NOW THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Texas do hereby proclaim February to be: BLACK HISTORY MONTH SIGNED AND SEALED this 1st day of February, 1992. William W. Manning, Mayor ATI'EST: Patti A. Hicks, CMC City Secretary David Glass and Booker Jackson were present to accept the proclamation. Mayor Manning noted he presented this proclamation at the Black History Celebration held on Saturday, February 1, at The Colony High School. 5. MAYORAL PROCLAMATION DECLARING THE COLONY PUBLIC LIBRARY 10TH ANNIVERSARY MONTH Mayor Manning read the proclamation in its entirety as follows: WHEREAS, The history of public leaders and other achievers documents the ways libraries and reading have influenced their lives; and 5 004270 WHEREAS, recognizing this fact, residents of the City of The Colony formed the Friends of The Colony Public Library in 1980, just three years after the city's 1977 incorporation, for the purpose of exploring the means to provide local public library service to the community; and WHEREAS, their efforts resulted in the February 1982 opening of The Colony Public Library, which has now served the community for 10 years; and WHEREAS, this decade of growth has witnessed the construction of a 9,025 square foot library facility, the automation of library operations, the growth of available resources from only 2800 items in February 1982 to the current collection of over 40,000 items, and the loan of over 510,000 items to library patrons; and WHEREAS, throughout the month of February 1992, The Colony Public Library will celebrate its 10th anniversary as a community resource, dedicated to serving all equally, to provide access to the rapidly growing world of information, to stimulate the creativity and intellect of the community's citizens, and to expand the horizons of our youth; NOW THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Texas do hereby proclaim February to as THE COLONY PUBLIC LIBRARY 10TH ANNIVERSARY MONTH, and I urge the citizens of The Colony to join in this joyous celebration by attending the many special events being presented by the Library throughout the month, and to join me in celebrating '-' THE COLONY PUBLIC LIBRARY...A POINT OF REFERENCE FOR 10 YEARS 1982 - 1992 SIGNED AND SEALED this 3rd day of February, 1992. William W. Manning, Mayor ATTEST: Patti A. Hicks, CMC City Secretary Diana Kruzich was present to accept the proclamation and informed those present of the activities coming up in February to celebrate the tenth anniversary. 6. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETING HELD ON JANUARY 20, 1992 .--. 6 Motion to approve the minutes with noted corrections - Lynch; second- Sharp. Motion carried with a unanimous roll call vote. B. CONSIDERATION OF AN ORDINANCE CALLING AN ELECTION TO BE HELD IN THE CITY OF THE COLONY, TEXAS ON MAY 2, 1992 Motion to approve the ordinance - Lynch; second- Sharp. Motion carried with a unanimous roll call vote. C. CONSIDERATION OF A RESOLUTION AUTHORIZING A JOINT ELECTION WITH LEWISVILLE INDEPENDENT SCHOOL DISTRICT Motion to approve the resolution Lynch; second- Sharp. Motion carried with a unanimous roll call vote. D. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE MOWING OF STEWART CREEK PARK AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Councilman Therio pulled this item for discussion, stating his concern that some bidders did not know about the insurance requirements. He also mentioned that Mr. England had suggested $1,000,000,000.00 coverage for Friday Night Live and asked why only $500,000.00 on these contracts. Bill Hall stated that the amount for Friday Night Live was increased after Councilman Burchard suggested it. Going on, Mr. Hall said $500,000.00 is the state requirement and that was explained to all vendors at the time of the bid opening. Mr. Hall said the low bidder, The Lawn Butler does have the required insurance and he does not believe a high bidder will get the required insurance and then lower his bid. Mr. Hall said staff does recommend awarding to the low bidder, noting the references have been checked out. Councilman Burchard said he is concerned if the bidder knows what he will be doing since his bid is so much lower than the others. Ken Leverich said he is fully aware. Motion to accept the bids and award the bid to The Lawn Butler in the amount of $5,265.00, and to approve an ordinance authorizing the City Manager to enter into a contract for same - Burchard; second- Marks. Motion carried with a unanimous roll call vote. E. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE MOWING OF MEDIANS AND PARKWAYS AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Motion to accept the bids and award the bid to The Lawn Butler in the amount of $12,870.00, and to approve au ordinance authorizing the City Manager to enter into a contract for same - Burchard; second- Lynch. Motion carried with a unanimous roll call 7 vote. 7. CONSIDERATION OF AN AGREEMENT REGARDING ENCROACHMENT ON CITY LAND Bill Hall explained the background on this item, stating the house at #10'Hare Circle was built in 1986, and the owners (the Blacks) put in a pool. Upon final inspection, the City inspectors found the pool was too close to the property line, thus the required fence and retaining wall were built 6 feet onto City property. Going on, Mr. Hall stated a hold harmless agreement was executed between the then City Manager and Mr. Black, noting that the agreement expired March 26, 1991. Mr. Hall went on to explain that at the time the agreement was found to be expired, the property was in the process of being sold. The new owners, Jeff and Carol Ball wish to enter into the same type agreement, noting there needs to be some legal document stating the circumstances. Mr. Hall said our attorney has said this is not a zoning case and agreed that an agreement allowing the 6 foot encroachment is necessary, until such time as the City may need to use the easement to widen N. Colony Blvd. The agreement which is open ended, states the structures will remain until the easement is needed and will then be moved at no cost to the city. Mayor Manning asked if the Balls have read and agreed to the document and Mr. Hall said they have and their attorney has reviewed it. Councilman Marks asked about selling the property to the Balls, and Mr. Hall advised this is public property and cannot be sold. Mayor Manning asked Mrs. Ball, who was present if they are in agreement, adding we (the city) need to know that they are --' comfortable with the agreement. Mrs. Ball replied yes. Councilman Lynch referring to page 3 paragraph 2, stated, when the property sold, the agreement became void and in speaking with the previous owner, he found that the city looked twice before discovering the error, going on, Councilman Lynch said this is a zoning code, B.O.A. case and then made a motion. Motion to refer to Planning and Zoning and if need be to Board of Adjustment and Appeals - Lynch; second - Burchard. Mayor Manning advised we have already set a precedence with the previous agreement and that he feels we should go ahead with this agreement, going on, the Mayor agreed there appears to have been an oversight by the City personnel, but since we have the previous agreement, he believes the Council should take this action. Councilman Lynch stated the City Manager does not have the right to enter into such an agreement without Council action, and that he thinks this should be approved by P & Z, going on to say the Council should not grant variances. Councilman Marks said the Board of Adjustment and Appeals is set up for variances requested by the property owner, noting these people (Balls) did not own the property when it was built and this is City property not the land owners property, stating the Council is the only one who can grant such a right. Councilman Burchard said if we (the Council) deal with this then we will have to continue to deal with such cases, and said he would like to go to P & Z, going on to say he 8 has no problem with the agreement, noting the people can't move the fence anyway. He said he just questions who should address this issue. There followed a lengthy discussion regarding eminent domain, how B.O.A. would handle this, since it is on public property, not private, with Councilman Sharp reminding everyone that all the questions that would be asked at P & Z are being asked now. There followed further discussion regarding the verbiage in the new agreement, and Councilman Lynch suggesting using the old agreement with term being extended to 20 years. Councilman Sharp called the question - Failed with 5 to 1 vote. Mr. Hall noted that the old agreement never went before Council for formal action. Councilman Marks asked the Council to be realistic and think of the homeowners, stating a decision needs to be made tonight. Councilman Lynch stated the fact that every part of the agreement has been touched on, proves it (agreement) is not clear, and the old one is clearer. Mayor Manning stated the attorneys were paid to draft a binding document. Councilmen Therio and Burchard said no problem with agreement, but Councilman Burchard feels it is a P & Z function to review this document, not council. Mr. Bob van Til stated that P & Z cannot approve anything, only recommend to council and that they ( P & Z) are totally separate from B.O.A. Going on, Mr. van Til said they deal with zoning and re-zoning, not variances, noting that B.O.A. is closer to this issue and recommended the motion be amended to refer to B.O.A. Amended motion, refer this item to Board of Adjustment and Appeals - Lynch; second Burchard. Councilman Marks recommended that in light of Mr. van Til's statement, the council vote against the motion, and make a decision themselves tonight, directing the City Manager to channel subsequent cases of this nature to B.O.A., not Council. Councilman Marks said the Council should think about the consequences. Councilman Lynch said we (city) have made an exception in this case and it is not fair. After further discussion, another amended motion was made. Amended motion to postpone this item until March 2, 1992 meeting, and directed the City Manager to present a clearer agreement - Lynch; second - Therio. Councilman Marks stated his decision is to be made on this case, not those in the future. Mayor Manning agreed each case should be handled individually. Motion carried with a unanimous roll call vote. Mayor Manning directed the City Manager to get with Councilmen Lynch and Therio regarding verbiage in this agreement, but that he prefers an agreement written by an attorney. 9 8. CONSIDERATION OF CHANGE ORDERS FOR THE CLOSE OUT OF THE ANIMAL CENTER PROJECT -- Mr. Hall advised that during the week of January 20, 1992, the City took final acceptance on the newly completed Animal Shelter, going on to say that we have now prepared an overall cost of the project per Council request. Mr. Hall went on to explain that after reviewing the project with James England, the recommendation is not to approve a Change Order, stating that the projected expenditures still necessary remain within the line item categories. Mr. Hall advised the project at this time is under the $150,000.00 budgeted amount. 9. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES RELATING TO DRILLING OF WELLS IN THE CITY Mr. Hall reminded the council that this ordinance was addressed at a work session with residents and Steve Wiley. The council discussed the proposed ordinance, making a very few minor recommendations for change. Mr. Rick Holding, #15 Keene Cir. addressed the council, stating the ordinance is "wording", restrictive and over regulating. Mr. Holding cited several areas of concern: 1) A permit will be required each time a filter is changed, 2) 50' from sewer is too restrictive and not what the Stat recommends, 3) Why do we have to use a licensed driller, 4) the fees are too high. Mr. Holding said there doesn't need to be an over restrictive ordinance. After a brief discussion regarding Mr. Holding's suggestions, with Mr. Hall advising that normal maintenance does not require a permit (changing filters), Mayor Manning directed the City Manager to get with Mr. Holding regarding his concerns, and with Mr. Steve Wiley (Texas Well Drillers Board) for further input. Mayor Manning noted that the fees should be actual costs. This item will be on the March 2, 1992 agenda. 10. COUNCIL COMMITTEE REPORTS ANIMAL ORDINANCE, TAX ABATEMENT, STUDY S.U.P. Animal Ordinance - Councilman Therio said the committee has met once and plan to meet again soon. SUP Study - Councilman Lynch advised there had been one very short meeting. Tax Abatement - Councilman Burchard said the committee needs to know the focus of the committee. Mayor Manning said we need to be sure that we can follow through on the requirements, stating he feels it (the ordinance) is too restrictive. Councilman Sharp said we need to attract types of business that are not already in the city At this time, Mayor Manning advised there will be a regular session on February 10 .--. due to the next Monday being President's Day (holiday) and that there will be a joint Work 10 0042 Session with P & Z on February 11, 1992 at 7:00 p.m. to discuss the South Planning Unit as presented by Centex. Mayor Manning also advised there will be two public meetings of the Economic Development Task Force; February 13, 1992, Lakeview Middle School at 7:30 and February 20, 1992, City Hall at 7:30 p.m., to discuss the mission statement of the task force. 11. CITY MANAGER'S REPORT 1. SPAN - on-going concerns. Mr. Dick Weaver and Mr. Hall met in Denton with SPAN and got no real answers for plans. Have requested the SPAN budget 3 times and have not received it yet. 2. State Highway - Redistricting - Met with Ben Campbell last week who said all changes in the district have been postponed for about a year. 3. Stop n Go at S. Colony and 423 has closed. This was a corporate decision, and not one due to the economy in The Colony. With no further business to address, Mayor Manning adjourned the meeting at 9:57 p.m. APPROVED: Willi~r~ W. Manning, Mayor~ ATYEST: Patti A. Hicks, City Secretary 11