HomeMy WebLinkAbout05/04/1992 City Council 004347
MINUTES OF THE CITY COUNCIL MEETING
HELD ON
MAY 4, 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 4th day of May, 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 Absent
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
Marshall Myers, 4821 N. Colony Blvd., addressed the council regarding code
enforcement. Mr. Myers stated there have been multiple problems in his alley for some
time and that in 1989, he had written then Mayor Don Amick a 5 page letter outlining those
problems. Going on, Mr. Myers said there are still problems and that on March 19, 1992,
his wife called the Inspections Department, who would not take the information about these
problems without the exact addresses. Two days later, Mr. Myers said his wife gave
Inspections the addresses and she was told it would be a month before these would be
handled. Sometime later, Mr. Myers wife spoke to Jodi Pichon of the Inspections
department who advised no citations had been issued and the large items had not been
picked up because the Texas Waste Management truck had been out of commission for
several months. Mr. Myers said he called Texas Waste Management this morning and found
that this is not true, noting the truck had been down for a short time. Mr. Myers said he
does not think the city government or the Inspections Department cares about this on-going
problem that he described as a slum waiting to happen.
Mayor Manning assured Mr. Myers that these things would be checked on tomorrow.
Booker Jackson, 5617 Painter, representing The Colony Democratic Club, invited the
Council and all those present to Maxim's Restaurant from 6:30 - 8:30 p.m. on May 5, 1992
to meet Senator Bob Glasgow.
Lynda Tate, 5260 Ragan Road, addressed the Council regarding the Animal
Ordinance, stating she does not want it to be forgotten. Going on, Ms. Tate said the city
needs to support Animal Control and we need an ordinance that is realistic and fair. Ms.
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Tate said she understands this is a sensitive issue and encouraged the council to let the
citizens know how to let the Animal Ordinance Committee know how the community feels
on this issue, going on to say we (city) need to be prepared for the growth of our city.
3. MAYORAL PROCLAMATIONS:
Mayor Manning read the following proclamations in their entirety.
WHEREAS, hundreds of lives in the State of Texas are saved each year by emergency
medical services (EMS) personnel; advances in emergency medical care have made it
possible to save these lives; and
WHEREAS, emergency physicians, nurses, emergency medical technicians and
paramedics in Texas are highly-trained to assure that more lives are saved every day; and
WHEREAS, EMS personnel throughout Texas are specialists trained to handle life -
or limb - threatening illnesses and injuries requiring immediate attention and must be
available 24 hours every day of the week to all who may need medical care, both in the
emergency department and in the field; and
WHEREAS, in addition to their treatment of ill and injured patients, EMS personnel
have conducted research to advance such areas as trauma, burn, cardiac, and pediatric
emergency care; they also have been important in efforts to educate the public about
preventing injury and illness by emphasizing the dangers of drunk driving and the need for
seat belts, child restraints and motorcycle helmets; and
WHEREAS, we, as Texans, commend all EMS personnel in our State - those who
staff ambulances and helicopters, physicians who provide medical control and training, and
the physicians and nurses in emergency departments whose daily efforts are devoted to
emergency medicine; we all depend on their skills and dedication; and
WHEREAS, the theme "Emergency Medical Services: It Starts With You", has been
chosen and supports recruitment and retention efforts, as well as provides education to the
public about the challenges facing the emergency care systems.
NOW, THEREFORE, I, William W. Manning, Mayor of the City of The Colony,
Texas do hereby designate the week of May 10 - 16, 1992 as National Emergency Medical
Services Week in The Colony, Texas.
SIGNED AND SEALED this 4th of May, 1992.
William W. Manning, Mayor
The Colony, Texas
ATFEST:
Patti A. Hicks, CMC, City Secretary
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Dr. Jeff Coats, Medical Director for The Colony Fire Department accepted the
Proclamation and stated he has been pleased to work with this department for the last 7
years, going on to say it is a first rate department.
MAYORAL PROCLAMATION
WHEREAS, public works services provided in our community are an integral part of
our citizens' everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the
efficient operation of public works systems and programs such as water, sewers, streets and
highways, public buildings; and
WHEREAS, the health, safety, and comfort of this community greatly depends on
these facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their planning,
design and construction, is vitally dependent upon the efforts and skill of public works
officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff public
works departments is materially influenced by the people's attitude and understanding of the
importance of the work they perform,
NOW THEREFORE, I, William W. Manning, Mayor of the City of The Colony,
Texas do hereby proclaim the week of May 17 - 23, 1992, as:
NATIONAL PUBLIC WORKS WEEK
in the City of The Colony, and urge all citizens and civic organizations to acquaint
themselves with the problems involved in providing our public works and to recognize the
contributions which public works officials make every day to our health, safety, and comfort.
SIGNED AND SEALED this 4th day of May, 1992.
William W. Manning, Mayor
Patti A. Hicks, City Secretary
Ken Leverich, Public Works Superintendent, accepted the Proclamation and advised
everyone of the tree chipping program which will be going on this Saturday. Mr. Leverich
said there will be several City trucks patrolling the city to pick up brush and tree limbs. He
said for everyone to leave the items in front of their homes for pick up, stating also that if
the residents want a bag of mulch to come to the Public Works Department and pick it up.
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MAYORAL PROCLAMATION
WHEREAS, it is imperative to the democratic process that a well-informed citizenry
participate in the operation of their local government; and
WHEREAS, the office of Municipal Clerk provides the communication link between
the citizens, the local government legislative body and administrative departments, and
agencies of government at other levels; and
WHEREAS, the Municipal Clerks serve as the information center on the functions
of their local government by making available the records of local government, distribution
of published materials and reports, presentations before community and school groups and
answering questions on the government activities and programs; and
WHEREAS, the Municipal Clerks and their staff have upon their own initiative
participated in education programs, seminars, workshops and the annual meetings of their
state, province, and international professional organizations which not only improved the
operation of their office but through their achievements and awards have brought favorable
publicity to the communities that they serve.
NOW, THEREFORE, I William W. Manning, Mayor of the City of The Colony,
Texas do recognize the week of May 3 through May 9, 1992, as Municipal Clerks' Week,
and further extend appreciation to our Municipal Clerk, Patti A. Hicks, and to all Municipal
Clerks for the vital services they perform and their exemplary dedication to the communities
they represent.
Dated this 4th day of May, 1992.
William W. Manning, Mayor
City Secretary, Patti Hicks accepted the proclamation and expressed her appreciation
for the recognition and for the support and encouragement she receives from the Mayor and
council.
4. CONSIDERATION OF AN ORDINANCE CANVASSING THE RETURNS AND
DECLARING THE RESULTS OF AN ELECTION HELD IN THE CITY OF
THE COLONY ON MAY 2, 1992
Mayor Manning read the caption and returns of the ordinance as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN
ELECTION HELD IN SAID CITY ON THE 2ND DAY OF MAY, 1992, FOR THE
PURPOSE OF ELECTING FOUR COUNCILMEMBERS FOR SAID CITY;
ORDERING A RUN-OFF ELECTION; DECLARING AN EMERGENCY AND
PROVIDING AN EFFECTIVE DATE
FOR COUNCILMEMBER - PLACE 3
Joe Agnew 100
Dale Therio 64
FOR COUNCILMEMBER - PLACE 4
Tom Bogan 115
Rob Burchard 154
Jim Wagner 60
FOR COUNCILMEMBER - PLACE 5
Lou Gomez 115
L. Dorian Barton 13
Gary McClure 8
Kathy Phillips 25
John Dillard 215
FOR COUNCILMEMBER - PLACE 6
Joel Marks 126
Rick Robinson 112
Mayor Manning noted that since no single candidate in the Place 4 race had received
the majority of the votes, there will be a run-off election on May 30, 1992.
Motion to approve the ordinance as written - Lynch; Second - Sharp. Motion carried with
a unanimous roll call vote.
5. APPOINTMENT OF THE NORTH CENTRAL TEXAS COUNCIL OF
GOVERNMENTS VOTING REPRESENTATIVE AND REGIONAL CITIZEN
REPRESENTATIVE
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Bill Hall explained that this item is not actually to appoint the voting representative
but for our voting representative, Councilman Joel Marks to make a recommendation to
NCTCOG for the executive board and a recommendation for a regional citizen
representative. Mr. Hall went on to state that recommendations are in the packet for the
board members and all council agreed that whomever Councilman Marks recommended
would be satisfactory with them.
As for the citizen representative, Councilman Marks recommended Mr. Dick Weaver
due to his past involvement with NCTCOG. All the council agreed with that
recommendation.
6. CONSENT AGENDA
A. CONSIDERATION OF THE MINUTES OF THE COUNCIL MEETING
HELD APRIL 20, 1992
Motion to approve the minutes as written - Lynch; Second - Therio. Motion carried with
a unanimous roll call vote.
B. CONSIDERATION OF AUTHORIZING THE ADVERTISEMENT OF
BIDS FOR THE REPAIR OF STEWART CREEK PARK ROAD
Mr. Hall clarified the grade of asphalt would be AC-10, as recommended by Tommy
Turner and the Highway Department.
Motion to approve the advertisement for bids as recommended - Lynch; Second - Therio.
Motion carried with a unanimous roll call vote.
C. CONSIDERATION OF A RESOLUTION COMMITIING THE CITY OF
THE COLONY TO EFFICIENT AND EFFECTIVE WATER MANAGEMENT
Motion to approve the resolution as written - Lynch; Second - Therio. Motion carried with
a unanimous roll call vote.
D. CONSIDERATION OF APPOINTMENT OF MARGARET BURKETT,
PERSONNEL DIRECTOR AS THE AMERICANS WITH DISABILITIES (A.D.A.)
COORDINATOR
Motion to approve the appointment as recommended - Lynch; Second - Therio. Motion
carried with a unanimous roll call vote.
E. CONSIDERATION OF ACCEPTANCE OF LETTER OF RESIGNATION
FROM CATHY BOCK-WOOD, PLANNING AND ZONING COMMISSION
MEMBER
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Motion to accept the letter of resignation - Lynch; Second - Therio. Motion carried with
a unanimous roll call vote.
F. CONSIDERATION OF A RESOLUTION SUPPORTING THE
AMENDMENT AND MODIFICATION OF SECTION 25.25(D) OF THE TEXAS
PROPERTY TAX CODE RELATING TO CHANGES TO THE CERTIFIED
APPRAISAL ROLL
Bill Hall explained this resolution supports the efforts of Denton Central Appraisal
District to have the Property Tax Code amended so as not to allow property owners to have
their appraisal changed after the rolls have been certified.
Councilman Marks asked what alternative people will have. Mr. Hall explained that
right now, property owners can go to the District anytime and protest their appraisal, and
if it is lowered and after the roll has been certified, then the city will lose some tax revenue.
James England explained that the tax roll is required to be certified by July 25 of
each year and if it is changed after that date, then the city may have to amend the budget.
He reminded the council, this is only a resolution supporting the amendment, it is up to the
legislature to make the change.
Motion to approve the resolution - Lynch; Second Therio. Motion carried with all members
voting Aye, with the exception of Councilman Marks who voted No.
G. CONSIDERATION OF RENEWAL OF THE INTERLOCAL
AGREEMENT WITH COLLIN COUNTY FOR STATE HIGHWAY 121
CONSULTING SERVICES
Motion to approve renewal as recommended - Lynch; Second - Therio. Motion carried with
a unanimous roll call vote.
H. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF
ORDINANCE BY AMENDING CHAPTER 7 RELATING TO EMERGENCY
MANAGEMENT
Motion to approve the ordinance as written - Lynch; Second - Therio. Motion carried with
a unanimous roll call vote.
7. CONSIDERATION OF THE SITE PLAN FOR AN ELEMENTARY SCHOOL ON
PAIGE ROAD AS PRESENTED BY LEWISVILLE INDEPENDENT SCHOOL
DISTRICT
Bill Hall advised that the Council did address and approve this site plan at the April
7, 1992 meeting, after which, LISD expressed major concern in two specific areas. Mr. Hall
went on to say that Dr. Clayton Downing had written a letter (enclosed in the council
packets) outlining his'concern over the traffic signal and study and the requirement for a
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storm drain. Mr. Hall stated he met with Dr. Downing and possible solutions were
discussed. As per Council Resolution, four council signatures are required to bring an item
which has been voted on back to the council before six months. Those four signatures were
received before this item was placed on the agenda.
Recommendations are as follows:
Traffic Study/Signalization - Recommendation is to eliminate the requirement for
a traffic study and a signal light on Paige. Mr. Hall explained the signal would be
operational 24 hours a day, which would create a major traffic back-up, when the only hours
of concern are 7:00 - 9:00 a.m on school days.
Also, there is a proposed modification to the Paige/Nash intersection; moving the
school entrance/exit north 50 to 60 feet, eliminating the direct cross-section traffic from
Nash Drive. This would require all exit traffic to turn northbound and entrance traffic
would only be from Paige Road.
Drainage - The estimated cost to install a 54" storm sewer system along Paige Rd.
to the Miller drainage ditch is $300,000 to $400,000, which LISD feels would prevent the
school from being built, due to cost over runs. The recommendation is to divert all drainage
to the northeast and none on to Paige Rd., therefore the existing water on Paige Rd. will
not be increased.
Mr. Hall went on to explain that there is little need for the system at this time, noting
the 54" pipe would be to serve future development of the IBM property.
Councilman Lynch said he agrees with the changes, but suggested that Paige Road
be made a school zone from N. Colony south, past the school to keep from having three
separate school zones on that road. Mr. Hall said he would check with the traffic engineer
regarding that.
Councilman Marks asked for clarification of the drainage requirement originally and
the proposed changes. Mr. Hall reiterated the need for the 54" pipe would be to serve the
future development of the IBM property. Councilman Marks asked what recourse the city
has if in the future, development does create a need for the system. Mr. Hall said that the
city and LISD will enter into an agreement that if and when the system is required, LISD
will install it across their property at their expense.
Marshal Durham, representing LISD, agreeing with Mr. Hall said the district felt it
would be foolish to. spend the money at this time to install a system that may never be
needed, and which is certainly not needed for the school. LISD Engineer said the plans
have been redrawn so that there will Probably be less water draining onto Paige than there
is now.
It was noted that LISD will install flashing yellow lights to indicate the school zones.
Motion to approve the amended site plan; eliminating the traffic study and signalization
on Paige Rd. and to defer the requirement of the storm sewer system along Paige Rd. and
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that the City of The Colony and LISD will enter into a formal agreement providing that if
and when the system is required, LISD will pay for the installation of the system across
their property - Lynch; Second - Therio. Motion carried with a unanimous roll call vote.
8. COUNCIL COMMITI~E REPORTS
9. CITY MANAGER'S REPORT
Denton County Interlocal Agreement - A sub-committee has been formed to discuss
whether or not to continue these types of agreements. The Colony has given support of
continuing the agreements.
With no further business to address, Mayor Manning adjourned the meeting at 8:55
p.m.
APPROVED:
William W Manning, Mayor~___~.
ATI~ST:
Patti A. Hicks, CMC, City Secretary
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