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HomeMy WebLinkAbout02/10/1992 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON FEBRUARY 10, 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 10th 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 Absent Dale Therio, Councilman Present Rob Burchard, Councilman Present Joel Marks, Mayor Pro-tem Present and with five present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT - None 3. PRESENTATION OF APPRECIATION TO RONNIE NORTHAM Mayor Manning and Bill Hall, City Manager, both addressed those present about Mr. Northam's many acts of generosity to the City of The Colony. Both noted how, Mr. Northam is always ready and willing to step in and help people in need, both in his capacity as manager of Brookshire's Grocery and as a private citizen. Mr. Hall noted how Mr. Northam has donated countless times to many activities held by the city. Mayor Manning then presented Mr. Northam with a plaque to show appreciation for his deeds. 4. MAYORAL PROCLAMATION DECLARING LIBRARY VOLUNTEER RECOGNITION WEEK Mayor Manning read the proclamation in its entirety as follows: WHEREAS, The Colony Public Library was born 10 years ago of the efforts of a loyal group of volunteers; and WHEREAS, today volunteers continue to play an active role in the daily activities of the Library through presenting story times and film programs, processing new materials, repairing damaged materials, and assisting at the circulation desk; and WHEREAS, the efforts of these volunteers enable the Library to continue to meet 3 the growing demand of the citizens of the City of The Colony for quality public library services; and WHEREAS, the volunteers of The Colony Public Library are to be commended for their contributions, which total over 36,700 volunteer hours given in the past decade; NOW THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Texas do hereby proclaim the week of February 23-29, 1992 as LIBRARY VOLUNTEER RECOGNITION WEEK in the City of The Colony, and encourage the citizens of The Colony to join me in expressing appreciation to the volunteers of The Colony Public Library during this week and throughout the year, as we celebrate THE COLONY PUBLIC LIBRARY ... A POINT OF REFERENCE FOR 10 YEARS: 1982-1992 SIGNED AND SEALED this 10th day of February, 1992. William W. Manning, Mayor ATYEST: Patti A. Hicks, CMC City Secretary Mr. Ken Wood accepted the proclamation on behalf of the volunteers. 5. PRESENTATION OF EMPLOYEE RECOGNITION AWARDS Katherine Martinez and Mayor Manning presented a five year recognition award to Sgt. Frank Mills. Others to receive awards but not present, were: John Whitley, Jan Sapp and Mike Rodriguez - 5 years, and Ricky Hale - 3 years. 6. PUBLIC HEARING ON APPLICATION OF LEWISVILLE INDEPENDENT SCHOOL DISTRICT FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED INDUSTRIAL, SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT FOR A PUBLIC SCHOOL TEN ACRES IN THE BBB AND CRR SURVEY A-172, LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF PAIGE ROAD AND YAGER DRIVE Motion to open the public hearing - Marks; Second Lynch; All Ayes 4 Mr. Bob van Til stated that Planning and Zoning has held a public hearing and has recommended approval of this request, provided Paige Road is widened if it is deemed necessary to handle the increased traffic and will install school zone flashers at the intersection. Mr. van Til said the road can be widened within the existing 100' fight-of-way, and reminded Council that the expansion of that road is the city's master thoroughfare plan. Coundlman Lynch noted that those recommendations are not included in the S.U. P Ordinance. Mr. van Til said they can be a part of council's motion. Bill Hall reminded council that the City has had to install flashers at several school zone locations and we (the city) would like to require them at ail future schools in the city, noting however, that the road and the flashers will be addressed during the site plan process. Councilman Burchard asked about the 3 notices which were returned. Mr. van Til said only one was received against the zoning change and that was due to the traffic increase. Ken Wood, 5000 N Colony Blvd. asked about the signal, noting he thinks it would be better to have a full signal light than a school zone flasher. Vaughn Booker with GNA, representing the school district, was present and responded to questions. Councilman Therio asked if there is sufficient room for dropping off and picking up kids. Mr. Booker said the district is very aware and concerned with that issue and more stacking room is being added to all new schools, noting of course, that the worst case scenarios cannot really be accommodated. With regard to location of the school, Mr. Booker said this was one of several sites, although it was not the primary location, it was the best to fit the immediate needs. Councilman Burchard said he is concerned that the residents may be upset to learn that Paige may be expanded to a 6 lane road. Mayor Manning said 3 of 22 notices is not a high percentage, indicating there is not a lot of interest. Joe Agnew, 5301 Nash, said to be sure the kids are not allowed to cross Paige Rd. due to the heavy traffic. Mr. Booker said they will look at the signal light issue during the site plan process, noting that if the bond issue passes this Saturday, the school will be open in the fall of 1993. Councilman Marks said it is very important we approve this, going on to say he is sure that staff and L.I.S.D. will cooperate to insure proper planning. Motion to close the public hearing - Burchard; second - Therio; All Ayes 7. CONSENT AGENDA A. CONSIDERATION OF AN INTERLOCAL AGREEMENT WITH DENTON COUNTY FOR THE REPAIR OF EAST LAKE HIGHLANDS Motion to approve the agreement - Marks; second - Burchard. Motion carried with a unanimous roll call vote. 5 B. CONSIDERATION OF ACCEPTANCE AND AWARD OF PROPOSALS FOR WRECKER SERVICE AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME This item was pulled for discussion. Councilman Lynch asked for a run down of the fees which Mr. Hall covered stating there is a new law which allows for a preservation fee. This fee, Mr. Hall explained is to pay for wrapping of all vehicles. Mr. Ronnie Miller was present and stated that the State requires all doors to be locked and the keys to the vehicles be kept locked in the office area, going on to say the State set the fee of $10.00. Mr. Hall did note there is a proposed increase of the storage fee from $10.00 to $15.00. Mr. Miller said that is required due to increases in property taxes and insurance, going on to say that 75% of the storage facilities in the Dallas area have gone to $15.00 a day, which is the maximum set by law. Mr. Miller said insurance covering each vehicle up to $150,000 is very high. Councilman Burchard noted that the contract (Sect IV) needs to reflect the $150,000. Mr. Miller gave a background of the company noting he has served The Colony for about 9 years. Mr. George Green, 115 Double Oak addressed the council, stating he owns Pro-Tow Wrecker Service in Lewisville, and that he opposes the awarding of this contract because in July 1991, he submitted a request to be notified of the city's intent to bid this service and he was not notified, therefore he could not submit a proposal. Mr. Hall and Ms. Hicks could not say if that request had been received or not, but Mr. Hall did state that 3 Requests for Proposals were mailed out and the request for proposal was advertised in the paper. Mr. Hall went on to say that procedure was followed. Mr. Green said he would like to the opportunity to bid. Councilman Marks said the bids have already been opened and made public, noting it would be unethical to let Mr. Green bid now. Mr. Green left a letter with the City Secretary to ensure his being placed on the bid list. Motion to accept the proposal and award the contract to Ronnie Miller Wrecker Service, amending Section 6 to reflect $150,000 total insurance; Section 4 to reflect the changes recommended by James England and Section 3D itemizing all fees - Lynch; second - Therio Bill Hall reminded Council that the new additional fee of $10.00 for preservation has to be approved also. Amended motion to approve as stated above with the addition of $10.00 for preservation fee - Lynch; second - Therio. Motion carried with a unanimous roll call vote. C. CONSIDERATION OF AN ORDINANCE GRANTING AND APPROVING A CHANGE IN ZONING ON PROPERTY PRESENTLY ZONED INDUSTRIAL, CHANGING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY GIVING THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT FOR A PUBLIC SCHOOL .---, 6 TEN ACRES IN THE BBB AND CRR SURVEY A-172, LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF PAIGE ROAD AND YAGER DRIVE Motion to approve with a requirement that Paige Rd be widened to 6 lanes and that appropriate flashing lights be placed at the intersection - Therio; second - Burchard. Mr. Vaughn Booker, consultant for GNA, representing LISD, stated that on behalf of the district he requests that the council defer any requirements to the site plan process, noting that is the proper time to address traffic signals. Going on, Mr. Booker said that if additional traffic lanes are necessary, LISD has already said they would pay for them. Mayor Manning and Councilman Marks agreed this is part of the site plan process. Bill Hall agreed it is not part of this process. Mayor Manning said he prefers to put off these times until the site plan is presented. Motion to amend the motion to approve and to consider the signal and traffic control exit and entries at the site plan process - Lynch; second - Marks Original motion withdrawn - Therio; second - Burchard Second motion withdrawn - Lynch; second - Marks Motion to approve the specific use permit for a school - Marks; second - Burchard. Motion carried with a unanimous roll call vote. 8. RECEIVE PRESENTATION FROM THE PERSONNEL DIRECTOR REGARDING A MANDATORY DRUG TESTING PROGRAM FOR CITY EMPLOYEES Mayor Manning stated that sometime ago, the council had agreed to implement a drug testing policy in the city. Katherine Martinez gave a brief overview of the proposed policy, stating there are still areas to be worked on. Mayor Manning asking about random testing, where it would take place and how people would be notified. Bill Hall said we are still looking for a manner of choosing who will be tested, noting there are several options. Councilman Marks asked why everybody couldn't be tested at once. Mr. Hall said that all seated council, all supervisors and second line supervisors will be tested, but after that the testing will be random. Lengthy discussion followed regarding administration of the policy, with all agreeing it must be administered properly. Councilman Lynch asked if an employee comes to us before testing and admits to a problem if the city must offer treatment. Councilman Burchard asked about pre- employment testing. Ms. Martinez said one person is chosen as the number one candidate for the position, and after offering the person the job, the testing is done. Ms. Martinez said if the test is positive then the job offer will be void. Councilman Burchard had several questions, regarding testing of council, length of time substance stays in blood stream, insurance payment, etc. Mayor Manning suggested putting off any further questions until after the meeting. Councilman Therio asked if the policy goes against ADA. Ken Wood named several items for the council to consider when discussing the policy, including testing of volunteers, how employees are escorted to the test, lots of negative response from the employees, false positives do happen. Mr. Hall said random testing in the public sector is the only accepted method of drug testing. He said there are many differences in how the private and public sectors' employees are handled. Councilman Burchard asked if council or board members test positive, would the city pay for their treatment. Mayor Manning said they would be asked to step down. Mayor Manning asked Katherine Martinez to bring this back at the second meeting in March and each month thereafter to keep the council informed as to the progress. 9. CONSIDERATION OF AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY, TEXAS, BY AMENDING SECTION 10-200, SCHEDULE OF USES, SECTION 10-300, DEFINITIONS, SECTION 10-2206 AND 10-2207 RELATING TO DISTANCES; Motion to approve the ordinance as written - Burehard; second - Therio. Motion carried with a unanimous roll call vote. 10. COUNCIL COMMITTEE REPORTS EASTVALE STUDY, CABLE T.V., FEES None 11. CITY MANAGER'S REPORT 1. Mr. Hall reminded council of recent action to expedite the extension of Josey Lane, after the property owner requested a signal light. The Highway Dept. said the light is not justified by warrant. The Department has said that in the future there will be a median crossing north of the property and it will be signalized. 2. Patti Hicks, City Secretary, gave a brief report naming certain pertinent dates relating to the upcoming election for city officers in May. With no further business to address, Mayor Manning adjourned the meeting at 9:38 p.m. APPROVED: t/William W.~Manning, Mayor 8 ATYEST: Patti A. Hicks, CMC City Secretary 9