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HomeMy WebLinkAbout06/07/1993 City Council004800 MINUTES OF THE CITY COUNCIL MEETING HELD ON JUNE 7, 1993 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 7th day of June, 1993, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Present Toby Pollard, 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 14. CITIZEN INPUT Michael Carter, 6912 Curry., gave an update on the progress of the Kid's Colony Progressive Playground. Mr. Carter said there are 12 committees working on various aspects of the project, noting about 200 volunteers are involved. Mr. Carter said there are several fund raisers in progress and that about $10,000 has been raised so far with a total goal of about $90,000.00. Mr. Carter invited anyone interested to attend the meetings held the 2nd Tuesday of each month. Mayor Manning noted that Councilmen Bogan and Dillard had earlier volunteered to be Council liaisons to the Committee and both said they would attend meetings when possible. Mr. Carter said the community has given great support to this project. 2. PRESENTATION OF RECOGNITION AWARDS TO POLICE DEPARTMENT FIELD TRAINING OFFICERS Chief Bruce Stewart, with the assistance of Mayor Manning presented the following officers with a Field Training Officer pin: Sgt. A.W. Longo, Coordinator Officers, Darren Brockway, Terry Farmer, David Fitzpatrick, and Paul Thornton. 3. MAYORAL PROCLAMATION DECLARING NATIONAL SAFE BOATING WEEK Mayor Manning read the following proclamation in it's entirety: 004800 WHEREAS, more Americans each year are choosing recreational boating as an ideal way to relax with their families and friends; and, what starts out as a pleasant cruise often ends in tragedy because boaters fail to teach their families to swim, fail to properly equip their craft with Personal Flotation Devices and other protective equipment, or fail to instruct their passengers in the use of such devices prior to a boating cruise; and WHEREAS, every year hundreds of lives are lost in boating accidents, with fatalities that can be reduced and boating made more pleasurable if those who engage in it will emphasize the knowledge, care and courtesy necessary for safe boating; and WHEREAS, the Congress of the United States, having recognized the need for such emphasis, has by joint resolution of 4 June 1958 (72 Stat. 179), requested the President to annually proclaim one week as National Safe Boating Week, NOW THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Texas do hereby designate the week beginning June 6, 1993, as: NATIONAL SAFE BOATING WEEK in the City of The Colony, and urge all who use our waterways to acquire those skills and knowledge essential to their own safety and that of others and to apply them carefully. IN WITNESS WHEREOF, I have set my hand this 7th day of June, 1993. William W. Manning, Mayor This proclamation will be mailed to the United States Coast Guard Auxiliary. 4. MAYORAL PROCLAMATION DECLARING NATIONAL GARDEN WEEK Mayor Manning read the following proclamation in it's entirety: WHEREAS, the gardeners of this country produce a multitude of foods for our people and enable us to export to other countries which are in desperate need; and WHEREAS, our gardeners help to preserve and foster our traditional spirit of independence and individual initiative; and WHEREAS, gardening instills in our people, both young and old, a greater appreciation for nature, in general, and for our beautiful land in particular; and WHEREAS, such appreciation naturally leads to a greater respect and care for our environment; and WHEREAS, gardening in addition to being most beneficial for our country, furnishes a pleasant and productive full or part-time activity for a large number of our citizens; and WHEREAS, our gardens also yield flowers of great variety and breathtaking beauty; and WHEREAS, these flowers bring beauty into our lives and satisfy our aesthetic needs, NOW THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Texas do hereby designate the week of June 6 - 12, 1993 to be NATIONAL GARDEN WEEK in the City of The Colony. IN WITNESS WHEREOF, I have set my hand this 7th day of June, 1993. William W. Manning, Mayor Ms. Nancy Pierson representing the Lakeway Garden Club accepted the proclamation and announced the club meets the first Wednesday of each month at 7:30 p.m. at the Recreation Center and all are welcome. 6. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD MAY 17 AND JUNE 1, 1993 Motion to approve the minutes as written - Agnew; second - Bogan, carried with a unanimous roll call vote. C. CONSIDERATION OF ACCEPTING LETTERS OF RESIGNATION FROM VIVIAN PRESTON, MEMBER OF THE BOARD OF ADJUSTMENT AND APPEALS AND BRUCE PRESTON, MEMBER OF THE PARK AND RECREATION BOARD Motion to accept the resignations - Agnew; second - Bogan, carried with a unanimous roll call vote. D. CONSIDERATION OF AUTHORIZING THE TRADE OF A CITY OWNED 1971 MERCEDES FOR THE INSTALLATION OF AN AIR CONDITIONER IN A CITY OWNED 1985 DODGE VAN Councilman Lynch said staff should get two or more estimates on this project, noting he called and got two estimates today and that a citizen told him the Mercedes may be worth more by selling it since it is a classic. Motion to postpone this item - Lynch; second - Marks, carried with a unanimous roll call 004811 vote. E. CONSIDERATION OF AUTHORIZING THE ADVERTISEMENT FOR FILLING OF THE LIBRARY PAGE POSITION Councilman Pollard asked about back up for this item. Bill Hall noted his summary to the Council explained this is an authorized position in the budget. He said an employee has left and needs to be replaced. Motion to authorize the advertisement - Pollard; second - Lynch, carried with a unanimous roll call vote. F. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS AUTHORIZING THE CITY MANAGER TO SEEK FCC CERTIFICATION TO REGULATE BASIC CABLE Motion to approve resolution as written - Agnew; second - Bogan, carried with a unanimous roll call vote. G. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS ENCOURAGING AND SUPPORTING LEGISLATION TO GUARANTEE VICTIM RIGHTS, MANDATE IN THE CRIMINAL JUSTICE SYSTEM AND ENSURE "TRUTH IN SENTENCING" Motion to approve resolution as written - Agnew; second - Bogan, carried with a unanimous roll call vote. H. CONSIDERATION OF A CHANGE ORDER ON THE CONTRACT WITH PITTSBURGH TANK AND TOWER REGARDING THE RE-PAINTING OF THE OVERHEAD STORAGE TANK Motion to approve the change order as written - Agnew; second - Bogan, carried with a unanimous roll call vote. I. CONSIDERATION OF AUTHORIZING SECURITY AT STEWART CREEK PARK Councilman Dillard asked if it would be better to restructure the night shift of the police department to cover this time, instead of offering off-duty police officers security work. Chief Stewart said he does not believe that would be better because if one officer is moved from day shift to night shift for this 3 hour problem time then day shift would be short. Going on, Chief Stewart said if the department was fully staffed, that idea might work, but noted it will be about 10 weeks before all the new officers are hired. Bill Hall said the time period of 11:00 p.m. to 2:00 a.m. is a trial and once the security is implemented and the problems alleviated, the time may change to 11:00 p.m. to 0048! 1:00 a.m. Councilman Agnew asked about using reserve officers and Chief Stewart reminded the council that the reserve officers have full time jobs elsewhere and it would be difficult for them to cover these hours. Motion to approve as presented - Dillard; second - Bogan, carried with a unanimous roll call vote. J. CONSIDERATION OF APPROVAL OF A CONCESSION STAND AT STEWART CREEK PARK Councilman Marks asked why this has not been advertised instead of just accepting this one proposal. Bill Hall advised that in recent years, when we have advertised for proposals for concessionaires at B.B.Owens or the Aquatic Park, we have never received more than one proposal and usually have received none. He went on to say we have never had anyone express interest in Stewart Creek Park, until now. Councilman Marks asked about the type of building and the location. Mr. Stuhldreher said it will be a 10 x 16 wooden building on skids so it can be moved easily and it will be located in the southwest corner of the center area, between the well and the road. Sylvia Brantley said this has to be approved by the Council before the Corps will approve it. Mr. Stuhldreher said he plans to operate from Spring through Fall each year. Mr. Hall noted the contract will be brought back to Council for approval after the Corps has authorized this project. Brief discussion followed about insurance, gross receipts and water. Councilman Dillard said he thinks this is a good idea but said Mr. Stuhldreher should be cautious. Councilman Lynch asked if a water meter would be set. Mr. Hall said they have not discussed a meter, but noted that electrical and water will be covered in the percentage the City receives. Councilman Lynch said he did not see that in this information. Motion to approve as presented - Marks; second - Agnew, carried with the following vote: Lynch - No; Pollard - Aye; Agnew - Aye; Bogan - Aye; Dillard - Aye; Marks - Aye; Manning - Aye. 12. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF A COMPUTER SYSTEM FOR THE POLICE DEPARTMENT AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Bill Hall advised this was approved in the 1992-93 budget and that bids had been opened and reviewed by staff and some members of Council. Mr. Hall said that the staff recommendation is to award the bid for software only and postpone purchasing the hardware until more research can be conducted to locate the most cost effective equipment. Sgt. George Wintle said the department has been reviewing systems for nine months ~-. and thought the selection would be easy, but found it was not because of budget constraints. Sgt. Wintle said staff recommends awarding the bid for purchase of software only to CPS 0048',0 at a cost of $10,301.00. Sgt. Wintle and a representative of CPS then fielded several - questions from Council. The questions centered around the system's ability to tie in with the existing network at City Hall, the existing system within the police department and it's ability to expand, as well as tieing in the Municipal Court system. The Council generally felt it would be more beneficial to purchase hardware compatible with the City Hall network and that it would be better to wait to purchase software until the hardware is selected. Mayor Manning said he has reviewed these bids and that there is the option to purchase the software now and purchase the hardware through the State contract, using the Unix system in place in the department. The Mayor went on to say he thinks the bids should be rejected and the process reviewed again for the best way to proceed. Motion to reject all bids - Dillard; second - Agnew, carried with a unanimous roll call vote. 9. DISCUSSION OF THE IMPROVEMENTS MADE TO CRIDER ROAD Bill Hall advised this item had been requested by the council at the last meeting, noting that subsequent to that request there had been some concern from Commissioner's Court regarding an alleged petition being circulated about Crider Road. Mr. Hall said there is no petition, but that he has spoken to Commissioner Jacobs regarding the Council's concerns about Crider Rd. Commissioner Jacobs was at the meeting and fielded questions from the Council. Councilman Lynch asked about the actual cost of the road improvements as opposed to the proposed costs and also about the two proposed closures of the road. Commissioner Jacobs advised the County Auditor would have to explain those cost differences. Commissioner Jacobs said the closures depend on the State, noting the County had not been informed of the closures but that she has requested that the road be closed only once if possible and that the County be given sufficient notice. Councilman Bogan said he is concerned regarding the bond issue that approved $35- 40 million, noting The Colony citizens approved because of the proposed straightening of Crider Rd. Councilman Bogan said he feels the road is more dangerous now than it was before the improvements, and that the $100,000 spent on the road was a total waste. Commissioner Jacobs advised the actual amount for road bonds was only $29,000,000.00 and most of the money went to State road projects. The Commissioner said Crider Rd. was a higher priced road than other county roads, but even so had come in approximately 50% under anticipated costs. Regarding the curve, Commissioner Jacobs said the main intent was to remove the ninety degree angles, and stated that the adjacent land owners would only accept the alignment as it is now. Commissioner Jacobs said the speed limit is enforced by the Sheriff or the Constable and advised a procedure to review the speed limit on the road has just been established, noting the road was just completed May 28, 1993. Commissioner Jacobs said Constable Floyd has made some recommendations to the Commissioners Court, which will have to hold a public hearing before approving the recommendations, and then they can be enforced. Councilman Bogan said the citizens of The Colony thought the road would be straightened and when it was found it could not be straightened, the money should not have been spent on that road, especially since Josey Lane will be going through. Commissioner Jacobs agreed that she would like the road to have been straightened but it would have cost 0048! 4 much more and would have taken much more time. Councilman Lynch asked about the dumping of fill along the road, and Commissioner "-" Jacobs said that is in the jurisdiction of the County but the Court cannot tell another election official how to run their business, noting however, that speed limits and weight limits will be set and marking will be done. Going on Commissioner Jacobs said there are two spots on the far north and south where a car could sit to enforce traffic laws. Councilman Bogan asked what happens to the left over bond money. Commissioner Jacobs said the Commissioners Court will determine what to do with overages, noting there are several projects still in process and can't make any determination until it is known where all the projects stand. Commissioner Jacobs said the money would have to go to road bond projects first and then she did not know where it would go. According to the law, the Commissioner said the overages must be spent on approved bond projects first, but can be used on other projects as approved by the Commissioner's Court. Constable Jim Davis advised the Council that Crider Rd. was in his precinct for 4 years and while he did not have enough people to monitor traffic often, they did write citations for speed and weight violations. Constable Davis said his office has worked several accidents there and stated he thinks it is better now than it was. Councilman Bogan asked the Constable if he feels the potential for a more dangerous accident is greater now than before. Constable Davis said he has encountered a loaded school bus traveling 53 mph on the curve and that since driver's have the idea they can drive faster on the curve, then the potential for a more dangerous accident does exist. He said he thinks it will be better after signs, markers, and speed limits are set. Constable Larry Floyd said his recommendations to the Court are to increase the --- speed limit to 40 mph except on the curve which he recommends to be 30 mph. The Constable said there should be signs warning of the curve and that the road should be double striped from Hwy 121 to FM 544. Constable Floyd said his office does not have enough people to work this area all the time, noting the office is very busy, but that some enforcement would be possible. Commissioner Jacobs said a work order has been put in to repair the roadway just south of the curves. There followed a brief discussion regarding the proposed Josey Lane extension, with Commissioner Jacobs reminding the Council that is a State project, the main problem is with acquiring R.O.W. and that the State does have the power of condemnation and eminent domain. Commissioner Kirk Wilson was also present and stated that we all owe Commissioner Jacobs a debt of gratitude for her hard work regarding the Crider Rd. project. 5. PUBLIC HEARING ON APPLICATION OF MS. ANGELA LU FOR A CHANGE OF ZONING ON PROPERTY ZONED AS GENERAL RETAIL, SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT FOR THE ON-PREMISE SALE OF ALCOHOL, INCLUDING LIQUOR, BEER AND WINE 5110 PAIGE ROAD, SUITE 105, THE COLONY TEXAS Motion to open the public hearing - Agnew; second - Marks; All Ayes. 0048! There was no public input regarding this item. Motion to close the public hearing - Bogan; second - Agnew; All Ayes. 6. B. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY AMENDING APPENDIX A-ZONING GRANTING A SPECIFIC USE PERMIT FOR THE ON-PREMISE SALE OF ALCOHOL, INCLUDING LIQUOR, BEER AND WINE AT THE BELOW DESCRIBED PROPERTY: 5110 PAIGE ROAD, SUITE 105, THE COLONY TEXAS Motion to approve the ordinance as written - Agnew; second - Dillard, carried with a unanimous roll call vote. 10. CONSIDERATION OF AN ORDINANCE AMENDING THE EXISTING FRANCHISE BETWEEN THE CITY OF THE COLONY AND TEXAS UTILITIES ELECTRIC COMPANY Mayor Manning recommended postponing due to actions being taken by other entities involved in this case. Motion to postpone this item - Pollard; second - Agnew, carried with a unanimous roll call vote. 9:22 p.m. 7. EXECUTIVE SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S. SECTION 2F, REGARDING DRAINAGE EASEMENT ACQUISITION, TO- WIT: A. GIBSON TRACT 9:59 p.m. 8. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE EXECUTIVE SESSION Motion to rescind Resolution 92-17 regarding eminent domain concerning the property in question, due to an error in the legal description - Agnew; second - Dillard. Motion carried with the following vote: Lynch - Aye; Pollard - Abstain; Agnew - Aye; Bogan - Aye; Dillard - Aye; Marks - Aye; Manning - Aye. 004816 11. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES RELATING TO ANIMAL CONTROL Bill Hall said comments from the Council have been incorporated into this ordinance. Mayor Manning asked the council to identify problem areas, instead of going over the entire ordinance. Councilman Bogan said on page 4, Sec. 5-2a still allows the Animal Control Officers (ACO) to enter residences and this needs to be deleted, noting even a police officer cannot enter a residence without a warrant. Councilman Dillard said this is only to apprehend at large, or abandoned animals; problem animals. He said if we remove this then we may as well not have an ordinance because by the time the ACO gets a warrant the animal will be gone. There followed a general discussion regarding abandoned animals. Ms. Lynda Tate, committee member explained why the words in this section were chosen, noting there has to be some method by which the ACO can step onto private property to apprehend a problem animal. After further discussion regarding Sec. 5-2a and abandoned animals the following changes were recommended: Sec. 5-2a shall read "A representative of the Environmental Health Department shall have the right of ingress and egress on unsecured private property for the purpose of apprehending an animal at large, or in pursuit of said animal". Sec. 5-1 "Abandoned - shall mean animals left unattended or creating a threat to their own health on private property or released with intent to desert on public or private property". Motion to approve the ordinance as corrected - Lynch; second - Dillard, carried with a unanimous roll call vote. 13. DISCUSSION OF THE LEASE OF CERTAIN CITY PROPERTY Mr. Hall said the city has been approached by a person interested in opening a golf driving range in this area. In particular, Mr. Hall said the person is interested in the 12 acre tract owned by the city where the old animal shelter was located. Mr. Hall said the city has never leased property except for the small irregular tracts behind residences, but suggested that would be the way to approach this project. Councilman Lynch said he is in favor of leasing the property, but to be sure all problems are covered before the lease is signed. Mayor Manning agreed, but said to be cautious, ensuring the City can terminate the lease if sale of the property becomes a possibility. Councilman Dillard said to be sure to address length of lease, financial statement and termination clause. Councilman Bogan suggested a short term lease with options to renew and Councilman Agnew said the lease should be long enough for the person to recoup their investment. Councilman Lynch also suggested including a percentage of profits such as our concessionaire agreements. Councilman Marks said to be sure the activity is conducive to the area, with respect to the residents. 004817 15. ELECTION OF MAYOR PRO-TEM Mayor Manning opened the floor to nominations. Councilman Bogan nominated Councilman Marks and Councilman Pollard nominated Councilman Dillard. The following vote was taken: Lynch, Pollard and Dillard voted for Councilman Dillard. Agnew, Bogan, Marks and Manning voted for Councilman Marks. Councilman Marks, receiving 4 votes, was elected as Mayor Pro-tem. 16. DESIGNATION OF NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS VOTING REPRESENTATIVE After a brief discussion, Mayor-pro-tem Marks volunteered to serve in this capacity for another year. 17. CITY MANAGER'S REPORT 1. Miniature Golf Course Proposal - local resident, Kenneth Meyer, has brought in a proposal to install a miniature golf course at Bridges Park. The park will have an "Old West" ghost town theme, named "Colonyville". This item is going to the Park & Recreation Board next week. 2. Hwy. 121 traffic will be switched over to the new roadway the week of June 14. Lanes will be marked. Letters have been sent to EDS, Frito Lay and J.C. Penney regarding the change over. Completion date is still set for December 1993. 3. The Colony Cougar Booster Club, football programs are being prepared. Cost to have names included in the city ad is $10.00 per person. Money needs to be given to Bill Hall ASAP. 4. Tom Cravens said the alley between Bartlett and Miller will be closed. 57 letters were sent out to area residents, 5 were received, and all 5 were in favor. 5. Centex has agreed to extend the alley south of Goodman Street onto Goodman Street, at no cost to the City. 6. Bob van Til said the oil recycling grant was approved, however it was less than requested. We requested $63,000 and received only $16,500.00 7. Councilman Lynch asked about Animal Control patrols. Mr. Hall said the policy is to not do random patrols. Officers respond to concerns and if a problem area is identified, a close patrol of that area may be established. oo4s s Mayor Manning complimented the council on their preparation for this meeting, and with no further business to address, adjourned the meeting at 11:05 p.m. ~ APPROVED: W~ll'~am W. l~an~nlng, hayor <~ AT-FEST: Patti A. Hicks, CMC/AAE, City Secretary