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HomeMy WebLinkAbout12/14/1992 City Council 00462,-), MINUTES OF THE CITY COUNCIL MEETING HELD ON DECEMBER 14, 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 14th day of December, 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 Tom Bogan, Councilman Present John Dillard, Councilman Present Joel Marks, Mayor Pro-tem Present and with seven present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT 3. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETING HELD DECEMBER 7, 1992 Motion to approve the minutes as written - Bogan; second - Dillard; Motion carried with a unanimous roll call vote. B. CONSIDERATION OF A RESOLUTION SUPPORTING TRAINING FOR EMERGENCY MEDICAL DISPATCH TRAINING FOR JURISDICTIONS OPERATING PUBLIC SAFETY ANSWERING POINTS (PSAPs) PROVIDED BY THE DENCO AREA 9-1-1 DISTRICT Motion to approve the resolution as written - Bogan; second. Dillard; Motion carried with a unanimous roll call vote. C. CONSIDERATION OF RATIFYING AUTHORITY TO ADVERTISE FOR THE VACANCY IN THE POLICE DEPARTMENT Motion to ratify the authority to advertise - Bogan; second - Dillard; Motion carried with a unanimous roll call vote. 3 00462b D. CONSIDERATION OF AN ORDINANCE AMENDING THE CONTRACT WITH CARDINAL CUSTODIAL SERVICES, INC. IN THE AMOUNT OF $360.00 ANNUALLY Motion to approve the amendment as written - Bogan; second - Dillard; Motion carried with a unanimous roll call vote. E. CONSIDERATION OF APPROVAL OF TRANSFERRING ALL UTILITY DOCUMENTS FROM FREEMAN-MILLICAN, INC. TO THE CITY OF THE COLONY, DIRECTOR OF PUBLIC WORKS Motion to approve the transfer of utility documents as recommended - Bogan; second - Dillard; Motion carded with a unanimous roll call vote. F. CONSIDERATION OF THE ANNUAL APPROVAL OF THE INVESTMENT POLICY Motion to approve the investment policy as presented - Bogan; second - Dillard; Motion carried with a unanimous roll call vote. G. CONSIDERATION OF APPROVAL OF THE RENEWAL OF THE DEPOSITORY CONTRACT WITH FIRST COLONY BANK Councilman Agnew noted the city keeps an average balance of $60,000 in a non- interest bearing account in return for certain services from the Bank. Councilman Agnew went on to ask if the city is receiving our money's worth and if other banks have been contacted. James England, Finance Director first noted an error on the contract stating the expiration date is December 31, 1994, not 1995, then he outlined the services received from the bank at no charge, which equals about $3000.00 per year. Mr. England said two years ago banks in Lewisville were contacted but they were not interested in our accounts. Going on, Mr. England said the city has had a very good relationship with the bank. Councilman Agnew asked if the new Credit Union in town had been contacted and Mayor Manning said they cannot handle commercial accounts. Motion to approve the renewal of the contract - Agnew; second - Lynch; Motion carded with a unanimous roll call vote. 6. CONSIDERATION OF AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE RE-PAINTING AND REHABILITATION OF THE NORTH COLONY ELEVATED STORAGE TANK AND AUTHORIZING FUNDS FOR SAME Bill Hall advised council that this project has been on the Five Year Capital Projects list for the last 6 years. He said that staff has been reviewing the condition of the tank for the last 2 -3 months, noting that tests were run to determine if the paint on the tank 4 contained lead. Mr. Hall stated that two engineers from Hunter Associates, Inc. made an inspection in October and paint samples from the inside and outside of the tank were taken to Dallas Laboratories, Inc. for testing. Lead paint was used both inside and outside, however test results showed there was less than 0.005 mg/L of lead present, well below the maximum allowed. Mr. Hall said the inside of the tank showed a considerable amount of oxidation occurring along the seams, structural beam supports and inside the ladder. The cost for the proposed work is estimated at $145,000.00, noting that timing to do the project now is good, because water consumption drops in the winter months and the tank can be taken out of service with no impact on supply or revenue. Mr. Hall said there is $135,000 in the 1988 Wastewater Fund that could appropriately be used to partially fund the project and that he and Mr. England propose to take the remaining balance from the approved contract maintenance budget of the Water Department. There followed a brief discussion regarding the chemical process and the water jet process of cleaning. Councilman Bogan asked if there are any options to doing this project and Mr. Hall said there are not. Councilman Marks asked if the City logo would be on the tower and Mr. Cravens said either the name "The Colony" or the logo could be put on for the same amount of money. Councilman Dillard asked if there is money to repair any structural damage and Mr. Cravens and Mr. Hall both stated that according to the engineer, there is no structural damage. Councilman Marks asked about the area residents and Mr. Cravens advised all the residents in the area will be notified. Councilman Marks noted that he would like to see "The Colony" on the tank. George Schmidt, 5637 Squires suggested a proposal to raise funds to partially pay for this project. Mr. Schmidt said citizens and businesses could pay to have their names on the tank which would help defray some of the costs and also show citizen involvement in the community. Mayor Manning said there may not be enough time to organize something like that before the process begins. Mr. Schmidt said the painting could be done after the project is complete. Councilman Lynch noted that funding for this is not coming from the budget but from a contingency fund, which is what contingency funds are for. Motion to approve the advertisement for bids as recommended - Marks; second - Sharp; Motion carried with a unanimous roll call vote. 4. CONSIDERATION OF DESIGNATING PERSONS PREVIOUSLY APPOINTED TO THE BOARD OF ADJUSTMENTS AND APPEALS TO SPECIFIC POSITIONS ON THAT BOARD Mayor Manning noted that Alternate No. 1, Vivian is being moved into the regular position of Place 4, an action, he said was taken at the November 23 meeting. The Mayor said at that meeting there had been a tie vote on determining who would fill the other regular position, Robert Poynter or Toby Pollard. Nominations for Place 3 were then 5 00462; opened. Councilman Agnew nominated Toby Pollard and Councilman Bogan nominated Robert Poynter. The votes were as follows: Lynch - Pollard; Sharp - Poynter; Agnew - Pollard; Bogan - Poynter; Dillard - Pollard; Marks - Poynter; Manning - Pollard. Mayor Manning declared Toby Pollard the Place 3 member and stated that Mr. Poynter and Mr. John Mitchell will fill the alternate positions. At this time, Mayor Manning called the council to Executive Session under Article 6252-17, Section 2F, Land Acquisition, V.A.C.S. to discuss the following item: 8. CONSIDERATION OF A RESOLUTION AUTHORIZING THE INITIATION OF CONDEMNATION PROCEEDINGS ON A 4.968 ACRE TRACT OF LAND LOCATED IN ABSTRACT 173, BBB AND CRR SURVEY, THE COLONY, DENTON COUNTY, TEXAS Upon reconvening in open session, the following action was taken: Councilman Lynch stated it is not a pleasant thing when the city has to initiate condemnation proceedings, but the city is forced to take such action. Councilman Lynch went on to recommend offering Mr. Gibson up to $3000.00 to settle this dispute without going to court. Mayor Manning asked Mr. Gibson, who was present at the meeting if he would accept that offer and Mr. Gibson stated he would not. Mayor Manning read the caption of the resolution as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS FINDING THAT A NECESSITY EXISTS TO ACQUIRE A PERPETUAL EASEMENT FOR THE CONSTRUCTION OF DRAINAGE CHANNEL IMPROVEMENTS;AUTHORIZING THE CITY ATTORNEY TO INSTITUTE EMINENT DOMAIN PROCEEDINGS FOR THE ACQUISITION OF A CERTAIN HEREINAFTER DESCRIBED TRACT OF LAND FOR THE CONSTRUCTION OF DRAINAGE CHANNEL IMPROVEMENTS; PROVIDING FOR A FINAL OFFER; PROVIDING FOR AN EFFECTIVE DATE Motion to approve the resolution as written - Agnew; second - Bogan; Motion carried with a unanimous roll call vote. 5. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 16-1, BY AMENDING THE PERSONNEL POLICIES AND PROCEDURES MANUAL FOR THE CITY OF THE COLONY BY ADDING CHAPTER IX; DRUG AND ALCOHOL ABUSE POLICY FOR CITY EMPLOYEES ---'- 00462 3 Bill Hall reminded the council that this ordinance was presented last week and that council had recommended it be brought back on this agenda for final reading. Councilman Agnew questioned why the words "intended for personal consumption" was included on page 2 (c). After a brief discussion, it was agreed that should be deleted. Councilman Marks asked about the testing of councilmembers. Mr. Hall said that was originally discussed, however, councilmembers are not employees and if they should test positive, the city cannot afford to offer rehabilitation assistance. Motion to approve the ordinance with deletion - Agnew; second - Sharp; Motion carried with a unanimous roll call vote. 7. FIRST READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 10-85 RELATING TO THE FILING OF LABORER'S LIENS Mr. Hall advised the council that during the budget process, staff and council had looked for ways to cut costs and increase revenues. Going on, Mr. Hall said that currently the only way for the city to address the mowing of properties is to issue citations and go to court or to mow the property and file a laborer's lien, noting the return is slow on the liens. Mr. Bob van Til said staff is recommending a minimum of $100.00 for each lien filed which should be a deterrent to people to use the city as a mowing service. Mr. van Til said first an invoice will be sent to the property owner for the cost of mowing their property and if the do not pay it, then the lien will be filed. There followed a lengthy discussion regarding the procedures, homes in foreclosure, etc. Councilman Bogan recommended filing the $100.00 minimum plus the contractor costs. Mr. Hall advised we can't charge a penalty, noting this is based on cost recovery. Mayor Manning suggested the invoice should be for the work plus administrative costs and the lien amount should be the $100.00 minimum. Councilman Lynch said he was concerned at first but now understands and suggested acting on the ordinance tonight. Councilman Sharp also recommended the contractor cost plus $100.00 administrative fees. Councilman Agnew asked if $100.00 will cover the administrative costs and Mr. van Til said the time involved has been monitored and it is easy to justify the $100.00. Councilman Marks said the ordinance says minimum of $100.00 which means if the expenses are more then it can be increased and suggested leaving it as it is, going on to say it is clear and covers everything that has been discussed. City Secretary, Patti Hicks noted that currently when liens are filed, they are filed for the amount of the service, plus the filing fee, plus 10% simple interest, plus a $15.00 administrative fee. More discussion followed, with Councilman Bogan suggesting a minimum of $100.00 plus the cost of the work, plus lien fee plus interest. Motion to approve the ordinance as written, because it gives us a wide enough scope - Marks; second Lynch. 00462 Mayor Manning said he thinks people should be made uncomfortable if they let their grass and weeds grow. Motion carried with the following vote: Lynch - Aye; Sharp - No; Agnew - No; Bogan - No; Dillard - Aye; Marks - Aye; Manning - Aye. 9. CITY MANAGER'S REPORT 1. Public Hearing regarding the extension of Josey Lane to be held at The Colony High School at 7:00 p.m. on January 7, 1993. This projects needs our support. 2. Press conference and rally to be held at the Courthouse on the Square in Denton tomorrow morning at 8:30 a.m. regarding the land grab scheme by Tarrant County. 3. Mr. Hall will be on vacation next week. With no further business to address, Mayor Manning adjourned the meeting at 9:20 a.m. APPROVED: · Manning, May o ,_,~ ,-~<~ ~ ATI'EST: Patti A. Hicks, CMC/AAE