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HomeMy WebLinkAbout06/21/1993 City Council 004824 MINUTES OF THE CITY COUNCIL MEETING HELD ON JUNE 21, 1993 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 21st 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 7:05 Recess 2. EXECUTIVE SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2G, REGARDING PERSONNEL, TO-WIT: A. INTERVIEW FOR ADVISORY BOARDS PARKS AND RECREATION BOARD OF ADJUSTMENT AND APPEALS LIBRARY BOARD 7:58 Reconvene 12. CITIZEN INPUT Lynda Graham, 6805 Main Street, Suite 440 (Pet Stop), read a prepared letter to the Council regarding the newly adopted amendments to the Animal Control Ordinance. (See Attachment "A") Ms. Graham had specific questions regarding section 5.23 relating to written records of transactions, the proposed fees to be addressed by the Fees Committee and prohibited animals, specifically boas and pythons. 3 004825 3. PRESENTATION OF SERVICE AWARDS TO FORMER COUNCILMAN BILLY SHARP Mayor Manning presented former Councilman Billy Sharp with a plaque and a City of The Colony watch. The Mayor thanked Mr. Sharp for his hard work during his tenure as a councilmember. Mr. Sharp then thanked the council and all citizens of The Colony, stating it was a good two years. 4. PRESENTATION OF EMPLOYEE RECOGNITION AWARDS Mayor Manning and Personnel Director, Margaret Burkett presented the following awards: Ruthann Devlin in the Finance Department, received a plaque for 15 years of service. Terry Carson in the Utility Administration Department and David Deslauriers in the Fire Department received pins for 3 years of service, and Joy Morrison also in the Utility Administration Department receive a certificate for 2 years of service. The following persons were not present but recognition of their service was noted:. For 8 years of service; Kenneth Huffman, Wastewater; David Drake, Public Works; Hank Trachta, Fire Department. For 5 years of service; Teresa Sink, Police Department; Daniel Baas, Fire Department; Jeff Horner, Public Works; Gayland Roberson, Public Works. For 2 years of service; Okechukwu Akanno, and David Swain, Parks and Recreation; Bobby Hollis, Water Department; Robert Hoffman, Police Department; Emily Palmer, Municipal Court. 5. RECEIVE PRESENTATION FROM LEWlSVILLE CHAMBER OF COMMERCE REPRESENTATIVE REGARDING THE "LEWISVILLE NIGHT WITH THE NEIGHBORS" Mayor Manning stated that the Lewisville Chamber representative was not able to be present at the meeting tonight. The Mayor read a letter from Lewisville Mayor, Bobbie Mitchell, encouraging citizens from The Colony, Flower Mound and Highland Village to attend the function to be held June 25, 1993 at Ranchland in Flower Mound. 6. LETTERS OF APPRECIATION TO MEMBERS OF THE ANIMAL CONTROL ORDINANCE COMMITTEE Mayor Manning read the following letter in it's entirety: Please accept this letter as an expression of our gratitude to you for giving of your personal time to work on the Animal Ordinance Committee for the City of The Colony. Without citizens such as yourself who are willing to help in many areas of need 004820 within the City we would not be able to keep our City a very special place in which to live. Again, we thank you for your volunteer spirit. The letter was signed by all the Council and presented to Ms. Lynda Tate. Also to receive this letter is Ms. Kim Wagner. 7. RECEIVE PRESENTATION FROM TCI CABLE COMPANY REGARDING "MUST CARRY CHANNEL CHANGES" Mr. Larry Bryant, representing TCI Cable Company addressed the Council and audience regarding the "must carry" provision in the Cable Act, which requires 15 channels instead of 9. Mr. Bryant said they have dropped 4 channels in order to add 5 and that other changes are expected between now and October. Going on, Mr. Bryant said all this is in an effort to comply with the new Cable Act. Mr. Bryant said his company has received many calls and that he wanted to come to the meeting tonight to try to clarify these changes. Councilman Lynch asked when this system will be expanded to accommodate more channels and Mr. Bryant said it has been upgraded and 2 channels added, noting the next step will be fiber optics connected with Dallas. In response to Councilmen Bogan and Marks, Mr. Bryant said there are 13 channels at this time, and that MTV, CNBC, Community Bulletin Board and Lifetime have been dropped. Councilman Dillard said some are glad to see MTV dropped and stated there is a need for an "a la carte" system for each subscriber. Mr. Bryant said the company is looking into that and hopes it will be initiated in about a year and a half. 8. PUBLIC HEARING ON APPLICATION OF MR. JIM LEWIS FOR A CHANGE OF ZONING ON PROPERTY ZONED AS SHOPPING CENTER, 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 OPERATION OF A VIDEO ARCADE 5201 SOUTH COLONY BOULEVARD, SUITE 650, THE COLONY, TEXAS Mayor Manning stated the applicant has withdrawn his request for this Specific use Permit, but the public hearing must be opened as advertised. Motion to open public hearing - Agnew; second - Lynch. All Ayes. Motion to close public hearing - Lynch; second - Dillard. All Ayes. 5 004827 9. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD JUNE 7 AND 14, 1993 Motion to approve the minutes as written - Lynch; second - Dillard, carried with a unanimous roll call vote. B. CONSIDERATION OF CONFIRMING THE APPOINTMENT OF MAYOR LARRY LIPSCOMB AS THE REPRESENTATIVE TO THE REGIONAL TRANSPORTATION COUNCIL FOR THE CITIES OF THE COLONY, LEWISVILLE AND FLOWER MOUND Motion to approve the appointment as recommended - Lynch; second - Dillard, carried with a unanimous roll call vote. C. CONSIDERATION OF APPROVAL OF AN ORDINANCE AUTHORIZING A CONTRACT WITH KENNETH MEIER FOR THE INSTALLATION AND OPERATION OF A MINIATURE GOLF COURSE AT BRIDGES PARK IN THE COLONY Councilman Lynch pulled this item from the Consent Agenda and asked Mr. Meier to explain his plan. Mr. Meier thanked Bill Hall, Sylvia Brantley and the Parks and --- Recreation Board for their help. Mr. Meier said the miniature golf course named "Colonyville" was established is 1854 in the history books and about 5 years ago in his mind. Going on, Mr. Meier said he wants to make a profit and wants to conduct his business correctly, stating of course, that he can't make promises about the success of the venture. He said he intends this to be a professional, family oriented business. Mr. Meier responded to several questions from the Council. He hopes to open the course by September 1, 1993, he has looked at other sites, noting this one is central and has water, sewer, public restrooms and parking. Mr. Meier said he has no way to project what the profit will be. Motion to approve the ordinance - Lynch; second - Pollard, carried with a unanimous roll call vote. 10. CONSIDERATION OF APPROVING AN ORDINANCE AUTHORIZING A CONTRACT WITH COMMUNITY WASTE DISPOSAL FOR THE OPERATION OF A RECYCLING PROGRAM IN THE CITY OF THE COLONY Mr. Hall said he believes this is a good program. Councilman Lynch asked when the program will start. Councilman Bogan said pick up will begin August i and education will begin immediately, showing the blue bag which will be used. Councilman Marks asked how education will be handled. Councilman Bogan said the company will give the money up 6 00482a from for education and the city will handle the process, plus there will be money for education in future years as well. Councilman Marks recommended taking out the sentence "at it's option" but Councilman Agnew said it is there to allow flexibility. Discussion followed regarding the appointment of the committee by council and the manner in which they will expend funds. Further discussion regarding the city handling the education vs. the company handling it. Councilman Marks said we are being asked to approve this without knowing how the committee will operate. Mayor Manning stated this was discussed fully during the work sessions regarding recycling and noted the committee is not part of this contract. Bob van Til said he has been in touch with several volunteers who are willing to serve on the committee. Councilman Bogan said the council will appoint the committee, who will design a plan. The council will then approve the plan and the City will expend the funds, not the committee. Councilman Marks questioned page 10 regarding requesting increases, stating it needs to be more specific. Councilman Agnew said that section 12.2 addresses that issue. After further discussion, Mr. Hall said all concerns but one have been addressed, noting the excess umbrella liability has been eliminated by the company. Mr. Doug Hall representing C.W.D. said the company feels their insurance is adequate, noting they are providing a performance bond. Councilman Bogan said they (C.W.D.) agreed to provide the same as in other cities. Mr. Hall said this contract requires a performance bond and other cities' contracts do not, therefore they eliminated the umbrella, going on to say Greg Roemer will be back next week to discuss this. Mayor Manning suggested postponing this until the insurance question is resolved. Discussion followed regarding this requirement. Mr. Hall stated the umbrella is not in the Euless contract which was used as a guide, but the committee had agreed to require it. Councilman Bogan said he feels strongly that this is needed and Doug Hall stated the umbrella is 14% of the contract. Motion to postpone until insurance question resolved - Marks; second - Bogan. Councilman Lynch said a date needs to be set, suggesting the next council meeting on July 12, going on to say he thinks the committee can meet and negotiate this, noting his suggestion is to drop the performance bond and keep the insurance. Councilman Bogan reiterated he prefers the bond and the insurance and Councilman Agnew agreed. Councilman Agnew suggested a work session next Monday, and Councilman Bogan noted that C.W.D. had promised to have a representative at this meeting who could make a decision. Motion amended to postpone until July 12, 1993 - Marks; second - Bogan. Councilman Dillard asked if the bid specifications called for a performance bond and if the State requires the excess umbrella. Bill Hall said there is a law that will change the requirements on a performance bond. Councilman Dillard said if the bond is not in the bid then we have asked them to provide something for which they did not budget. 7 004820 Motion carried with the following vote: Lynch - Aye; Pollard - Aye; Agnew - Aye; Bogan - Aye; Dillard - No; Marks - Aye; Manning - Aye. ~ 11. CONSIDERATION OF APPOINTMENTS TO ADVISORY BOARDS Mayor Manning opened nominations for the Parks and Recreation Board. Councilman Lynch nominated David Deslatte and Ronnie Rodgers. Councilman Agnew nominated Jaicie Kirkpatrick. Councilman Bogan nominated Deborah Cunningham. The vote was as follows: Lynch - Deslatte, Rodgers; Pollard - Kirkpatrick, Deslatte; Agnew - Deslatte, Kirkpatrick; Bogan - Deslatte, Cunningham; Dillard - Kirkpatrick, Cunningham; Marks - Deslatte, Kirkpatrick; Manning - Deslatte, Rodgers. With David Deslatte receiving 6 votes and Jaicie Kirkpatrick receiving 4 votes, they were declared appointed to serve on the Parks and Recreation Board. Mayor Manning opened nominations for the Board of Adjustments and Appeals. Councilman Lynch nominated Mike Catt and Lynda Tate. Councilman Marks nominated Charles Dodds. The vote was as follows: Lynch - Catt, Tate; Pollard - Tate, Catt; Agnew - Tate, Catt; Bogan - Tate, Catt; Dillard - Tate, Catt; Marks - Tate, Dodds; Manning - Tate, Dodds. With Lynda Tate receiving 7 votes and Mike Catt receiving 5 votes, they were declared appointed to serve on the Board of Adjustments and Appeals. Mayor Manning then opened nominations for the Library Board. Councilman Agnew nominated Douglas Hagedorn. There being no further nominations a motion was made. Motion to appoint Mr. Hagedorn by acclamation to the Library Board - Lynch; second - Marks, carried with a unanimous roll call vote. 13. CITY MANAGER'S REPORT 1. The Youth Services Librarian has resigned and her last day will be July 19, 1993. This will be brought to council on July 12 for approval to advertise for this position. Councilman Bogan suggested going ahead with advertising, and Mayor Manning said all the council agrees, but this item is not on the agenda for action so it must wait until the next council meeting. 2. Overhead Storage tank is complete and full of water. The company did a good job and they have invoiced the city for the approved amount. The date of substantial completion will be June 18, 1993 and we still need to address liquidated damages. 3. There was a meeting Wednesday regarding the closure of Crider Rd. for the purpose of striping and shoulder work by Denton County. The State also wants to close the road. The meeting was to have been to coordinate these closings. The closure has now been indefinitely postponed. Josey Lane extension right-of-way concerns are easing. The Highway Dept. is negotiating. Tentative contract letting is July 1995. 4. Overall computer system. Councilman Pollard had suggested contacting Deloitte- Touche regarding a consultant. Mr. England spoke to them and they do have someone who 0048 can handle this project. We will be meeting with him soon. With no further business to address, Mayor Manning adjourned the meeting at 9:40 p.m. APPROVED: W~am V~7. M~h~nr~ng, Mayor <~ ATFEST: Patti A. Hicks, CMC/AAE, City Secretary 9