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HomeMy WebLinkAbout05/18/1992 City Council 004360 MINUTES OF THE CITY COUNCIL MEETING HELD ON MAY 18, 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 18th 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 Joe Agnew, Councilman Present Rob Burchard, Councilman Present John Dillard, 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 Dennis Brouwer, #1 Holden Circle - Mr. Brouwer spoke regarding his concerns of the use of leased City property located at #3 Holden. He presented the Council with pictures as viewed from various windows in his home. His major concern was with a boat stored on top of a deck and the height of a fence on this property. He also voiced his concern that the City has not stayed on top of this situation. Chris Utter, North Colony Boulevard - Mr. Utter approached the City Council with a proposal for the landscaping of the entrance to the City at Paige Road and S.H. 121. He will need a total of $615 to complete the project. It is Mr. Utter's understanding that the Chamber of Commerce and the City have a "joint" beautification account and he would like to see the City approve the expenditure of funds for this project. 3. PRESENTATION TO DENTON COUNTY FRIENDS OF THE FAMILY Mayor Manning presented a $5,000.00 check to Cheryl Sutterfield of the Denton County Friends of the Family. Ms. Sutterfield then reviewed the services they will be providing City, including opening an office locally half a day on Wednesdays. 5. MAYORAL PROCLAMATION DECLARING "BUCKLE UP AMERICA WEEK" WHEREAS, May 18 - 25, 1992 has been declared "BUCKLE UP AMERICA! WEEK"; and 004361 WHEREAS, in the United States, motor vehicle crashes are the greatest single cause of death for people between the ages of 1 and 34; and WHEREAS, in 1990, the lives of approximately 4,800 front-seat occupants over four years old were saved by safety belts; and WHEREAS, from 1983 to 1990, an estimated 24,886 lives were save by safety belts; and WHEREAS, when used, lap and shoulder belts can reduce the risk of fatal or serious occupant injury by between 40 and 50%; and WHEREAS, 66% of Texans killed in cars, trucks and buses during 1991 were not wearing safety belts when the fatal crash occurred; and WHEREAS, forty-one States, the District of Columbia and Puerto Rico have enacted safety belt use laws, and all 50 States, the District of Columbia and Puerto Rico have enacted laws requiring the use of child passenger restraint systems; and WHEREAS, "BUCKLE UP AMERICA! WEEK" provides communities and organizations an opportunity to join together to work toward meeting the President's mandate of 70% belt use by 1992, and encourages them to increase their correct use of safety belts and child safety seats by focusing public attention on the lifesaving benefits of these systems, including automatic belt systems and air bags; NOW, THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Denton County, Texas, in recognition of this national lifesaving opportunity, do hereby proclaim the week of May 18 - 25, 1992, as "BUCKLE UP AMERICA! WEEK" and encourage our community to observe this week with appropriate programs, ceremonies an activities to increase the correct use of safety belts and child safety seats with the goal of reaching and surpassing the 70% by 1992 target, and to support the efforts of enforcement agencies to increase compliance with State occupation protection laws. 6. PRESENTATION OF EMPLOYEE RECOGNITION AWARDS The three recipients of service awards could not be present. Mr. Hall explained that the recognition awards were for tenure of service to the City. Robert Ceja will receive a 3 year pin, and Terry Carson and Mirta Griggs will both receive a certificate recognizing 2 years of service. 7. CONSIDERATION OF ACCEPTING LETrER OF RESIGNATION FROM .... 4 004362 LIBRARY BOARD MEMBER, JOE AGNEW, Mr. Hall addressed the memorandum contained in the packet. Mr. Agnew is now seated as a City Council Member. Motion to accept Mr. Agnew's resignation from the Library Board - Marks; Second -Sharp. Motion carried with a unanimous roll call vote. 4. PRESENTATION OF CERTIFICATES OF APPRECIATION TO MIKE STANFIELD, BARBARA BAKER AND R.F. "COLONEL" MASON Mayor Manning extended the Council's appreciation and recognition for the work done in connection with the Denton County Crime Stopper's organization by the three individuals named above. Staff will forward the certificates to Mr. Stanfield. 8. RECEIVE PRESENTATION FROM COMMUNITY WASTE DISPOSAL REGARDING RECYCLING Mr. Gregg Roemer, President of Community Waste Disposal (CWD), addressed the Council regarding his company's recycling program. Key points of his presentation were, CWD's state of the art material recovery program, the longest recycled materials list in North Texas, maximum landfill aversion, a choice of bag or bin recycling programs, single and multi-family programs, lighter trucks to reduce road and alley damage, and the "instant drop-off center" program. The materials to be collected and recycled include plastic containers numbers 1, 2, 3, 4, 5 & 7, clear, green and brown glass bottles and jars, tin & aluminum cans, and newspapers with the "slicks" included. All bottles, jars, etc., would need to be washed out. The charge for curb-side pick-up would be between $1.70 to $3.50 per month and would be determined by the number of households participating. After lengthy discussion, Mr. Roemer did advise the Council that currently CWD does not service any municipalities. 10. CONSIDERATION OF APPROVING A CHANGE ORDER FOR THE CONTRACT WITH ATKINS BROTHERS CONSTRUCTION COMPANY ON THE EASTVALE SEWER SYSTEM PROJECT Mr. Hall addressed the Council regarding the request for an extension of time to complete the Eastvale sewer system project. The last extension ran out on May 15, 1992, and an additional 14 day extension is now being requested. Mr. Hall advised that the first extension was granted due to the amount of rain, however, he has a problem with this second request. Mr. Hall addressed the "liquidated damages" portion of the contract, advising that this is to be used in regard to the "health and welfare" of those effected, and not to be used as a penalty to the contractor. In consideration of this request, Mr. Hall further pointed out that the City would need to continue to pay the construction inspector, 5 004363 a budgeted expense that has already been exhausted, therefore we would need to pull the monies from the contingency fund, an idea he does not recommend. The inspector is averaging 100 hours a month currently. Mr. Hall would recommend not taking any action on this item and to table until June 1st meeting. Mr. Terry Millican, engineer, was in attendance to address questions and concerns of the Council. Discussion followed regarding the sequence of the requests for an extension. Councilman Lynch requested a full break-out of what testing has been done, what remains, and what passed and failed. Mr. Turner and Mr. Hall addressed the various testing concerns. Lengthy discussion followed regarding the concern for the citizens in this area of town, including road construction. Mr. Dick Weaver, 4940 Hackney, asked what percentage of the residents in the Eastvale addition have tied into the sewer. Mr. Hall responded that 37 out of 242, however, expressed concern of problems with a manhole on east side of FM 423. Mr. Tom Bogan, 4234 Ireland, also expressed his concern for the residents in Eastvale having to wait any more length of time for sewer services. City Council agreed that they would like a representative of the contractor present to answer questions/concerns. Following further lengthy discussion: Motion to postpone action until June 1, 1992 - Sharp; Second - Lynch. Motion to amend the original motion to include imposing the liquidated damages clause - Burchard; No Second. Original motion carried by a unanimous roll call vote. 9. CONSIDERATION OF AUTHORIZING THE FOURTH OF JULY FIRE WORKS DISPLAY AT STEWART CREEK PARK Mr. Hall addressed the City Council regarding the concerns from the public safety stand point, sighting the problems encountered at last year's display. Several options were discussed, including limiting the amount of vehicles allowed in the park, the use of Cougar Stadium, the use of the area around the old Animal Shelter and other areas surrounding the park area. Mr. Jeff Grimes, 7017 Blalock Drive, representing The Colony JayCee's was in attendance to answer questions posed by Council. He advised that the JayCee's were continuing to request the use of Stewart Creek Park for the display as that is how it has been marketed. He further advised that the reason for not changing this request was because of advertising. Acting Police Chief Mike Carroll answered various questions from Council regarding additional manpower/costs, traffic concerns, coverage of the rest of the City, etc. ACOP Carroll advised that the main problem is getting in and out of the park; emergency vehicles having to respond outside of the park and not being able to get out, and vice-versa. oo4a64 Lengthy discussion followed regarding the public safety issues and options. It was noted that the City greatly appreciates the efforts of the JayCee's to sponsor this event. Motion to postpone action pending further investigation - Lynch; Second - Dillard. Motion carried with a unanimous roll call vote. 11. CONSIDERATION OF AUTHORIZING A SUBSIDY FOR CERTAIN RESIDENTS TO CONNECT TO THE CITY SEWER SYSTEM Mr. Hall addressed the Council regarding approximately 6 households that will be extremely difficult to tie-on to the sewer system due to the elevation of the homes and the extreme depth of the sewer main, causing unusual and non-customary charges. An average cost to tie-on is approximately $1,000, and the 6 households referenced here would cost approximately $2,500. Mr. Hall then addressed three options for remedy of this concern: 1) a direct subsidy to these residents for costs over the average of all other residents; 2) a City loan of approximately $1,000 and allow the resident to pay the City back; and 3) grant an extension of time for these residents to tie-on, adding that this is not a good option from the health and safety aspect. Lengthy discussion followed regarding this project, with Mr. Hall and Mr. Turner supplying more details. The consensus of the Council was that we need to offer some kind of assistance and work on a plan to subsidize these 6 particular residents for charges over and above customary. The Mayor added that he wants a set of guidelines. Mr. Hall further advised that this should be looked at on a "case by case" basis. Motion to postpone this 'item until City .Manager and Staff had prepared guidelines - Lynch; Second - Marks. Motion carried with a unanimous roll call vote. 12. FIRST READING OF AN ORDINANCE RELATING TO REGISTRATION OF CONTRACTORS Mr. Hall briefed the Council regarding this ordinance which would require all contractors to register with the City. This has been a "policy" in the past and contractors are registered when applying for a building permit. Mr. Hall advised that this procedure would be of direct benefit as a list of registered contractors for certain repairs would then be available to the citizens. Additionally, should a problem with a contractor occur, we would have the necessary information to help locate them. Councilman Marks expressed concern over the use of "any" person..., as this tends to suggest that a homeowner must register with the City before doing any repairs to his/her own home. Discussion followed regarding the necessity of requiring proof of insurance by the contractor. Mr. Hall stated that this was not included as there was a question of where it placed the City in terms of liability, as well as concern over the contractors passing the expense back to the residents. Councilman Burchard stated that he did not think the City would have any legal obligation if the provision of liability insurance was required. After lengthy discussion, the consensus was that some amount of insurance should be required. 004365 Discussion followed regarding the need to add a section to the ordinance requiring a contractor to provide a sales tax number at the time of registration. Staff was directed to revise the proposed ordinance to reflect the insurance requirement, replace the phrase "any person", require a sales tax number and replace the word revise with update. 13. REVIEW AND DISCUSSION OF AMENDED GUIDELINES FOR THE LEASE OF CITY OWNED PROPERTY Mr. Hall addressed the Council, stating there are currently 4 leases of City owned property and a Committee was formed to review and revise the provision and guidelines of the land leases. The Committee recommended the provision for the first review of the lease, currently at five (5) years, be changed to one year with subsequent reviews at 5 year intervals thereafter. Also discussed was types and heights of fencing. The Committee determined that all types of fencing would be allowed, except for solid wood, and that the height would not exceed four feet (4'). Mr. Hall stated the Committee also addressed the fact that a twenty- five foot (25') public access easement would be provided between the Corps of Engineers property and the lease holder's property. Portable buildings would be allowed, however, no permanent structures (concrete slabs, foundations, etc.) would be permitted. The Committee also reviewed the problem of parking vehicles and boats on the lease property; the recommendation was to allow no more than one motorized vehicle and or boat/trailer on the leased land. Mr. Hall did advise that the length or height restriction of these was not discussed, but it needs to be reviewed. The Committee also recommended the resident ' applying for a lease present a formal survey of the property, prepared by a licensed land surveyor with a master plan for the use of the property attached. Another proposed change would be to notify all residents within a 200' radius of the property in question. Lengthy discussion followed regarding these proposed changes. Councilman Lynch stated he has a problem with the parking of cars and boats on leased land. Mr. Dennis Brouwer of #1 Holden Cir. addressed the Council, stating that whatever guidelines are established need to be enforced. Ms. Vivian Preston, #3 Holden Cir. also addressed the Council, stating she would like to see an end to the "bickering". Discussion followed regarding what current lease holders would be required to do if the guidelines are changed. Councilman Burchard noted that procedures need to be established for when a lease holder sells the home. It was also noted the original intent of the leases was for the lease holder to maintain (mow) the property. Mayor Manning stated these guidelines need to go back to committee for final recommendations. 14. COUNCIL COMMITTEE REPORTS 15. CITY MANAGER'S REPORT 1. Paige Road Drainage Problems - We do have a proposal for repair of the problems. The video and the plans will be sent to I.B.M. for their review. -- 004366 2. Northeast Regional Park - Mr. van Til advised that clearance has been received from the Texas Parks and Wildlife Division to proceed with the park. A recommendation for engineering consultants will be brought to Council in June. 3. Bridge Repair on F.M. 720 - A letter has been received from Little Elm officials advising of their concerns regarding bond monies being used for the repair of the bridge on S.M. 720 and that they are looking for assistance. Mr. Hall has the information if any member of Council wants to get involved. With no further business to address, Mayor Manning adjourned the meeting at 11:35 p.m. APPROVED: William W. financing, Mayor c~ ATTEST: Patti A. Hicks, CMC, City Secretary