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HomeMy WebLinkAbout03/30/1992 City Council 004314 MINUTES OF THE CITY COUNCIL MEETING HELD ON MARCH 30, 1992 The Work Session of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. on the 30th day of March, 1992 at City Hall with the following Council roll call: Bill Manning, Mayor Present Mike Lynch, Councilman Present Billy Sharp, Councilman Present Dale Therio, Councilman Present Rob Burchard, Councilman Present Joel Marks, Mayor Pro-tern Present and with six present, a quorum was established and the following items were addressed: 1. CONSIDERATION OF AN AGREEMENT BETWEEN THE COUNTY OF DENTON AND THE CITY OF THE COLONY TO USE THE DENTON COUNTY 800 MHz TRUNKED COMMUNICATIONS SYSTEM Mr. Hall advised the council that the system is being installed now and will be up and operational sometime next week. Going on he explained this is a satellite system of Denton County Sheriffs Department and as such we will need to enter into an agreement with the Department for use of their main system, noting that the Sheriffs Department will handle the maintenance of their equipment and we will handle the maintenance of our equipment. Mr. Hall went on to say that this agreement must first be approved by the City Council and then by the Commissioner's Court. Mr. Hall then covered the Annual Usage Fee Worksheet, which will become a part of the agreement, noting the cost is $5764.00 per year, but has been prorated and only $2882.00 will be paid for this year. He said this amount will be taken from the Radio Maintenance Line item, but he is not sure yet which departments will be impacted, since he does not know for sure which department will be receiving the old radios from police. After a brief discussion: Motion to approve the agreement as presented - Therio; Second - Marks. The motion carried with a unanimous roll call vote. 2. PRESENTATION AND DISCUSSION OF CURBSIDE RECYCLING IN THE CITY Bob van Til introduced Becky Miller, John Gustafson, and Stoney Ormsby from Texas Waste Management, and stated that the drop-off recycling sites have been very successful and the next logical step is a curb side recycling program. Ms. Miller first showed the council a video of the pilot program in the City of Lewisville, and explained how the program works, giving the options available. Mr. Gustafson said they tried using 2 004315 two trash and one recycle pick up per week and then one trash and one recycle pick per week and found the one and one was the most successful, with 50-60% participation. Mr. Ormsby said it takes about two months to get a program started, noting that education is very important. Mr. Gustafson said his recommendation would be keep the same two trash pick-ups a week and add a recycle pick up every other week. He said this plan doesn't change the trash pick up that people are used to and it is less expensive to get started. He also noted there is an additional charge for the recycle pick-up. Councilman Sharp asked if all people pay whether they participate or not and Mr. Gustafson stated it would have to be city wide, estimating the cost would run from $1.50 to $2.30 per month depending on which option was chosen. Mr. Gustafson said to use a subscription program would be considerably higher. Councilman Lynch said if we go with a recycling program the cost for land fill may possibly decrease because the volume being put into the land fill is decreasing, going on he said it could mean less of an increase through out the year. There followed a discussion regarding how to get participation in the program, public relation methods, etc. Councilman Marks asked if there had been problems with people stealing from the bins before the trucks pick up the items to be recycled. Becky Miller said that had not been a problem in Flower Mound or Coppell and noted that they had passed Anti-scavenger ordinances before the recycling program was put into place.. Mr. Ormsby noted that there will be one bin per home which, if lost or stolen, will be replaced one time. If it is lost or stolen again, the homeowner will have to pay for another one at an approximate cost of $5.00. Councilman Sharp asked if it would be difficult to get businesses to recycle also, and Mr. Gustafson said not at all, noting that several of the chains are already recycling. Councilman Sharp stated he was sure Texas Waste Management makes a profit from recycling and asked if a percentage of that is returned to the city and if so, could it be returned in the form of a rebate to the customer, which would encourage participation. Mr. Gustafson said that is done but most cities use the money for parks or other improvements. Mayor Manning directed the City Manager to meet with the representatives from Texas Waste Management regarding a contract. Councilman Marks asked how soon recycling will become mandatory. Mr. Gustafson said very soon, noting the general public wants to recycle and with such response from the residents the government will soon have to take some steps to encourage that, going on to say he thinks within 5-6 years it will be mandatory. All Council agreed to bring this back on April 20, 1992 for possible action. Bill Hall said staff has been working with Texas Waste Management on this curb side recycling program for some time and maybe this would be an appropriate time to work with them on a Commercial Waste ordinance. Ail agreed. 3. DISCUSSION OF ACCEPTABLE USES FOR CITY OWNED PROPERTY Mr. Hall said there have many concerns regarding the uses of city owned property, noting that some time ago, the council agreed to allow leases of city owned property. Mr. Hall went on to say this has become a real thorn in the side of the City Council and staff 00431G as well as the home owners. Hall said that besides the leases, there are several pieces of City property being used for private uses, ie, gardens, parking, swing sets, etc. and that there is really no control over that. He said to do so, the Council would have to pass an ordinance that states either people can use the land or they cannot. Going on, Mr. Hall said many people landscape between the sidewalk and the street, which is city property (utility easement) and if the city says they can't then they (homeowners) will have to tear up the landscaping. He went on to say that recently he has had 3 more requests to lease city property. He noted also that parking on city property cannot be cited unless the property is posted "No Parking". Mr. Hall asked the Council what approach they wanted to take regarding these matters and suggested that perhaps the city could issue "no-fee" permits for use of city property. Mayor Manning asked if Mr. Hall had researched this with other cities. Mr. Hall advised he had spoken to several other City Managers and this has never been a problem in their cities. Councilman Burchard said landscaping between the sidewalk and the street enhances the neighborhoods and he has no problem with that, but the leases are a different subject. Councilman Burchard went on to say the intent is to allow residents to take care of property better than the city can, within certain guidelines, noting he really has no problem with that either, unless the use takes away from the naturalness of the property. The Councilman said he is not sure what we have now doesn't work, but noted the city may not have been consistent in the handling of the leases. Bill Hall said there is currently a moratorium on leases and asked if there is now a problem with issuing additional leases. Councilman Burchard said it would depend on the intended use of the property. Councilman Lynch, referring to parking, said this should be the same as speed limits in the city, noting that the speed limit is 30 MPH unless posted, why can't there be a sign at the entrances to the city stating that no parking is allowed on city property. Going on he said the 3' easement between the sidewalk and street is already addressed in the tree ordinance and he has no problem with flowers and grass. Councilman Lynch said the permit would only identify the areas to the city so questions can be answered when calls come in to City Hall. Councilman Lynch said he is favor of the lease over the permit because they are all the same and the holders must follow guidelines and they must maintain the integrity of the neighborhood. Bill Hall asked what if there are three lots and the two outside lots lease land but the center lot does not, then the city has no access to the center lot to maintain it. Mr. Hall said if we go with the leases, we need to allow a 25' easement for access. Councilman Marks asked about having a hearing to let the neighbors know what the proposed leaseholder wants to do on the property. Bill Hall said the original guidelines for leases called for the lessors to get a signature from all neighbors giving their approval, a survey of the property done by an outside agency and a land use plan. There followed a discussion regarding the use of the property, with Mr. Hall advising that wells would not be permitted on leased property. Councilman Burchard said nothing can be done to change the existing 4 leases until the 5 year review comes due, but stated that at that time, if they are not in compliance then the lease could be cancelled. Bill Hall said he believed that is true. 4 004317 Councilman Burchard went on to say that at the 5 year review, the existing leases could be rolled into the new criteria. Councilman Lynch said the leases are beneficial to the City and it is to our advantage to allow them. There followed a general discussion regarding the 25' easement for access. Several options were addressed. Finally all council agreed that the 25' easement for access should be set out in all leases throughout the city. Several citizens were present and expressed there opinions. They all agreed with the 25' easement, one stating this is not just good for the city, but for those persons wishing to walk to the lake. Councilman Lynch noted that if an entire circle leases the property then an access from the street to the lake will have to be allowed. All council agreed that gardens and flowers are acceptable on city property. Mayor Manning appointed a committee of Councilman Lynch, Councilman Sharp, Steve Mitchell, Marty Belcher and Bill Hall to come up with new guidelines for the leases. 4. EXECUTIVE SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2E REGARDING LITIGATION, TO-WIT: A. RESOLUTION TRUST CORPORATION Motion to postpone to April 6, 1992 meeting - Therio; Second - Burchard. Motion carried with all members voting Aye. 5. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A '--' RESULT OF THE EXECUTIVE SESSION With no further business to address, Mayor Manning adjourned the meeting at 9:25 p.m. APPROVED: William W.-Manning, Mayor(9.~~ ATI'EST: Patti A. Hicks, City Secretary [SEAL]