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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. 004848 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 4 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. 004350 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 7 004352 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 8 004 5 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 004354 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 10 0048 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 11