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HomeMy WebLinkAbout12/07/1992 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON DECEMBER 7, 1992 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. on the 7th day of December, 1992, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Absent Billy Sharp, Councilman Present Joe Agnew, Councilman Present Tom Bogan, Councilman Absent (arrived 7:15) John Dillard, Councilman Present Joel Marks, Mayor Pro-rem Present and with five present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 7:01 p.m. 2. EXECUTIVE SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2G REGARDING PERSONNEL, TO-WIT: A. POLICE CHIEF 7:45 p.m. Upon reconvening in open session, the following items were addressed: 3. CONSIDERATION OF ANY ACTION TO BE TAKEN AS A RESULT OF THE EXECUTIVE SESSION Mayor Manning stated the council had met with Mr. Hall regarding the selection process and then with the appointee for Police Chief, Bruce Stewart in Executive Session. Motion to confirm the appointment of Bruce Stewart as Chief of Police - Sharp; second - Agnew. Motion carried with a unanimous roll call vote. Mr. Hall asked Mrs. Stewart to present the new Chief with his badge. 4. CITIZEN INPUT Larry Floyd, 5128 Avery Lane stated he has been a resident on Avery Lane for six 3 00461'/ years and has been asking to have the street repaired for six years, going on to thank Councilman Joe Agnew for his efforts in accomplishing the repair of the street. Mr. Floyd also stated that as the Constable-elect of Precinct 2 for Denton County, he commends the council on their appointment of Bruce Stewart as Chief of Police. 5. PRESENTATION FROM THE STUDENT COUNCIL OF THE COLONY HIGH SCHOOL TO ADOPT COUGAR ALLEY Mayor Manning stated a letter had been received requesting permission for The Colony High School Student Council to adopt Cougar Alley. Motion to approve this request - Bogan; second - Sharp. Motion carried with a unanimous roll call vote. 6. CONSIDERATION OF DESIGNATING AN ATTORNEY TO REPRESENT THE CITY OF THE COLONY IN LEGAL MATTERS Mr. Hall advised the Council that Mr. Pete Eckert, the attorney with Hutchison, Boyle, Brooks and Fisher who has been handling the cities legal affairs has left that firm. Going on, Mr. Hall said that Mr. Eckert has expressed a desire to continue handling the legal matters for the city and had taken the active case files with him. Mr. Hall also noted that none of the principals of the firm had notified the city of Mr. Eckert's departure and that staff does recommend continuing with Pete Eckert for legal counsel at the new firm of Cowles and Thompson. There was a brief discussion regarding rates and conflicts with surrounding cities. Mr. Hall stated the rates will remain the same and there are no conflicts with the cities in our area. Mr. Hall went on to say Mr. Eckert took only those files he was working on and if we had not approved him as our counsel, the files would have been returned. Mayor Manning reminded the council that prior to Mr. Eckert taking over our cases, the city had considered changing law firms and noted that Mr. Eckert has done a good job. Motion to continue with Mr. Pete Eckert as legal counsel for the city - Marks; second - Bogan. Motion carried with a unanimous roll call vote. 7. CONSIDERATION OF APPROVAL OF THE PLACEMENT OF A PLAY STRUCTURE AT LIONS CLUB PARK BY THE COLONY PLAYGROUND COMMITYEE Ms. Sylvia Brantley stated "The Colony Playground Committee" had presented a request to the Park and Recreation Board on November 12, 1992 to use Lions Club Park as a site to construct a creative play structure. Ms. Brantley said the group had received approval from the Lions Club and that the P & R Board does recommend approval. Ms. Debbie Satterlee representing the "Committee" presented a short video to give the council and audience an overview of the project and how it is carried out. 4 004810 Councilman Dillard suggested approving the project stating the best site will be used. Ms. Satterlee said the company likes to have more than one site to look at. There was a brief discussion regarding the site and Mayor Manning said he felt the Northpointe regional park would be a better site. Ms. Satterlee said Lions Club was chosen because it is central to the city, can be seen from FM 423 and did note that the Northpointe Homeowners Association had been contacted about using the Northpointe park. Going on, Ms. Satterlee indicated the Homeowners Association was not in favor of having the play structure in that park. Mayor Manning stated the park does not belong to the Homeowners Association but to the city. Another committee member addressed the council stating she lives on Young Street and has been to a Carrollton to use one of these structures and that she thinks Lions Club park is ideal because it is centrally located and that it will be good for that part of the city, since it has been neglected. Susan Robbins, 4505 Queens said she is excited about this idea and that she to had thought the Northpointe park would be better, but she now thinks Lions Club would be best because it can be seen from FM 423, noting that just as people in The Colony visit these structures in other cities, residents of other cities will probably come here and may shop in our city since they would have to p.ass our shopping areas to get to Lions Club Park. Councilman Sharp asked about Scout Park and Ms. Satterlee noted the slope is too great. Councilman Agnew said parking is limited in both areas mentioned and suggested in the area of City Hall. Councilman Bogan commended the committee's effort and said he fully supports this project. Ms. Satterlee said the committee does need written permission from the property owners to send to the company before Design Day. Discussion followed regarding approving the concept without designating a particular site at this time. Councilman Marks noted the agreement does say that site or sites can be recommended. Councilman Dillard said he wants this to happen and that the site must be carefully chosen, going on to say he thinks the council needs some time to review this project before approving it. Motion to postpone to the next meeting - Dillard; second - Sharp. Mayor Manning said he feels all the council is excited about this, but that we must be sure the best site is chosen. Councilman Agnew said he hopes the committee will continue to pursue this even though it may be postponed tonight. Mayor Manning said this will not go away but it will probably be the first meeting January before it is addressed, going on to say the council will help in any way they can. Councilman Bogan suggested that members of council meet with the committee. Motion amended to postpone to January 4, 1993 meeting - Dillard; Second - Sharp. Motion carried with a unanimous roll call vote. 8. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE 0046 5 COUNCIL MEETINGS HELD NOVEMBER 2, 9 AND 23, 1992 Motion to approve the minutes as written - Agnew; Second - Bogan. Motion carried with a unanimous roll call vote. B. CONSIDERATION OF A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT WITH DENTON COUNTY FOR LIBRARY SERVICES Motion to approve the Resolution - Agnew; Second - Bogan. Motion carried with a unanimous roll call vote. C. CONSIDERATION OF ACCEPTANCE OF A LETTER OF RESIGNATION FROM TOM CRAVENS FROM THE PLANNING AND ZONING COMMISSION Motion to accept the resignation - Agnew; Second - Bogan. Motion carried with a unanimous roll call vote. D. CONSIDERATION OF APPOINTMENT OF TOM CRAVENS, DIRECTOR OF PUBLIC WORKS, AS FLOOD PLAIN ADMINISTRATOR Motion to approve the appointment as recommended - Agnew; Second - Bogan. Motion carried with a unanimous roll call vote. E. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF CONCRETE AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Motion to accept and award the bids as recommended and approve the ordinance - Agnew; Second - Bogan. Motion carried with a unanimous roll call vote. F. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF LAWN CHEMICALS AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Councilman Bogan asked why the lowest bid was not the recommendation. After a brief discussion and Mr. Jerry Young's explanation that two bidders were being recommended because of service and availability Councilman Bogan withdrew his question. Motion to accept and award the bids as recommended and approve the ordinance - Bogan; Second - Marks. Motion carried with a unanimous roll call vote. 9. FIRST READING OF AN ORDINANCE OF THE CITY OF THE COLONY ADOPTING A DRUG AND ALCOHOL ABUSE POLICY FOR CITY 6 00, 62u EMPLOYEES Mayor Manning stated this is for discussion tonight, not approval. Mr. Hall said this is the first reading of an ordinance, noting we have been working on this for some time and that some changes have been made to the ordinance which was originally presented to council several months ago. Mr. Hall said The Colony has been a Drug Free Workplace for awhile, but there is no ordinance to back up the policy. Mr. Hall said Margaret Burkett, Personnel Director has been working with the attorney regarding this and is here to answer questions. Councilman Sharp asked why we can't do random drug testing and Mr. Hall stated it has been found unconstitutional; there must be probable cause. Councilman Agnew said many companies in the private sector require department heads or other similar employees to have an annual test and asked if that would be allowed in the public sector. Ms. Burkett said with the ordinance all new hires will be tested whereas now, only public safety new hires are tested, but said there must be reasonable suspicion or cause to test other employees. Brief discussion regarding reasonable cause and what it constitutes such. Councilman Dillard noted this ordinance is also to protect the employees, stating if there wasn't a policy like this that did not establish probable cause, and the city decided to go on a "witch hunt", one or two individuals could be singled out and made to take the drug test or the city could go after anyone they suspected with little or no evidence. This protects the employee, noting that we have to establish probably cause just like a police office does before making an arrest. Going on, Councilman Dillard said the Mayor and himself have both been tested in the Reserves without our consent at the order of the Adjutant General, without probable cause. He said the recourse in this particular policy is far better, by allowing the person to clear their name with an alternative test. The Councilman said this is a pretty fair procedure and it protects the employees. Councilman Marks said it is a good ordinance; compact and to the point. Mayor Manning said this should be placed on the December 14, 1992 agenda for action. 10. CITY MANAGER'S REPORT 1. The vacancy in the police department created when Bruce Stewart was appointed Chief needs to be filled. Council agreed and asked that the action to ratify be placed on the December 14, 1992 agenda. 2. Public Hearing regarding the extension of Josey Lane to FM 423 is scheduled for January 7, 1993 at 7:00 p.m. in The Colony High School auditorium. The state approved this $5.5 million project in 1988, and the R.O.W. problems have now been resolved. There will be no cost to The Colony but we will reap all the benefits. 3. Bob van Til reported a grant application has been submitted to COG for a 7 recycling program which will involve chipping of trees. The money is coming from the Texas Water Commission and we have applied for $57,000. There are no matching funds required, but we have submitted some in kind service. 4. Will be asking the Council to approve going out for RFP's for curbside recycling at the January 4, 1993 meeting. 5. Sutton Drainage ditch - Mr. Hall and Mr. Cravens have met with the property owner and if not response is received by Noon Wednesday, December 9, 1992 then initiation of condemnation procedures will be placed on the December 14, 1992 agenda. With no further business to address, Mayor Maiming adjourned the meeting at 9:06 p.m. APPROVED: William W. Manning, Mayor ATTEST: Patti A. Hicks, CMC/AAE, City Secretary 8