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HomeMy WebLinkAbout02/28/1994 City Council O0,SOSa MINUTES OF THE CITY COUNCIL MEETING HELD ON FEBRUARY 28, 1994 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:07 p.m. on the 28th day of February, 1994, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Absent (Arrived 7:15 p.m.) Toby Pollard, Councilman Present Joe Agnew, Councilman Present Tom Bogan, Councilman Present John Dillard, Councilman Absent (Arrived 7:30 p.m.) Joel Marks, Mayor Pro-tem Absent and with four present, a quorum was established and the following items were addressed: 1. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.071 OF THE LOCAL GOVERNME,NT CODE, REGARDING PERSONNEL, TO-WIT: A. INTERVIEW FOR ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS Recess to Executive Session at 7:08 p.m. Mr. Lynch arrived at 7:15 p.m. Mr. Dillard arrived at 7:30 p.m. Reconvene in Open Session at 7:48 p.m. 2. PLEDGE OF ALLEGIANCE 3. RECOGNITION AND APPRECIATION OF CERTAIN CITY EMPLOYEES Mayor Manning expressed his appreciation to the City employees who helped with the ribbon cutting on SH 121 during the Denton County Transportation Day program. He then read the following list of names for recognition: from the Public Works Department, Ken Leverich, David Drake, Alan Orr, Steve Westerfield, Ron Taylor, Robert Fraser, Mark Fagan, Jesse Galindo, Gene Abrams, Jeff Horner, Bennie Ebarb and Gayland Roberson. Police Department personnel included Chief Bruce Stewart, Lt. Frank Mills, Officer Bill House and Reserve Officer Jack Horner. He also extended thanks to the Denton County Sheriff's Office, Denton County Constable Precinct 2 and Denton County Precinct 6 for their assistance. Mayor Manning then read a letter from the Texas Municipal Clerks Certification 90 ~o 9~ Program Director congratulating Ms Patti Hicks, Interim City Manager/City Secretary on the recent completion of her recertification requirements. It outlined the many hours of work required to reach this milestone. Ms Hicks was presented with a floral basket in recognition of her dedication and excellence. 4. CONSIDERATION OF AMENDMENTS TO THE BY-LAWS AND ARTICLES OF INCORPORATION OF THE ECONOMIC DEVELOPMENT CORPORATION Ms Hicks explained that Ms Cathy Wood and Bob van Til, Administrative Staff Planner, had recently attended a workshop and found that we could not expand the membership of the Board of Directors under the current section we incorporated under. This would only be possible if we had incorporated under another section which we are not eligible to do. We may only have five voting Board members. We may have as many ex- officio or liaison members as desired but they may not vote under any circumstances. Staff recommends that the previous amendment to the Articles of Incorporation and By-Laws be repealed. Councilman Lynch questioned if the residency requirement would apply to ex- officio members and Ms Wood stated she did not believe it would but additional information had been requested and would be provided to the Council upon receipt. Motion to repeal amended Articles of Incorporation and By-Laws - Dillard; second - Bogan. Motion passed with unanimous roll call vote. 5. CONSIDERATION OF APPOINTMENTS TO THE ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS Mayor Manning asked for nominations. Councilman Lynch asked this item be tabled until the next meeting in light of the information presented in the previous item. Motion to table until March 7, 1994 meeting - Lynch; second - Bogan. Motion carried with a unanimous roll call vote. 10. CITIZEN INPUT Jaicie Kirkpatrick - 6308 Jennings Dr. - Asked Council to look into the right turn situation at Nash and FM 423 (Main Street). This is an extremely dangerous intersection. Mayor Manning said this would be reported to the State for investigation and that part of the problem may be eliminated when construction of the area at Etheridge begins and the improvements are put in place on Main Street to accommodate the traffic. Ms Kirkpatrick also asked Council to review the billing cycle by the Utility Department. She lives in Zone 2 and stated that they usually have less than two weeks to pay without incurring late charges. Those who are paid only once a month like her husband and those receiving Social Security cannot always pay during that time period. She Suggested the $3.00 instant late fee be changed to a $10.00 late fee after thirty days. 5 0o ~o 9S 6. CONSENT AGENDA Mayor Manning summarized the items on the Consent Agenda. Items E, F and H were pulled for further discussion. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD FEBRUARY 7, 12 AND 17, 1994 Motion to approve minutes as written - Agnew; second - Lynch. Motion passed with unanimous roll call vote. B. CONSIDERATION OF ACCEPTANCE AND AWARDS OF BIDS FOR THE ANNUAL CONTRACT FOR MOWING CERTAIN AREAS OF THE CITY AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Motion to award bids and authorize contracts as recommended - Agnew; second - Lynch. Motions passed with unanimous roll call vote. C. CONSIDERATION OF RENEWAL OF THE ANNUAL CONTRACT WITH FRIDAY NIGHT LIVE Motion to renew contract as presented - Agnew; second - Lynch. Motion passed with unanimous roll call vote. D. CONSIDERATION OF ACCEPTANCE OF A LETTER OF RESIGNATION FROM LYNDA TATE FROM THE BOARD OF ADJUSTMENTS AND APPEALS Motion to accept resignation - Agnew; second - Lynch. Motion passed with unanimous roll call vote. E. CONSIDERATION OF APPROVAL OF A CHANGE ORDER FOR THE CONSTRUCTION OF THE BILL ALLEN MEMORIAL PARK This item was discussed in conjunction with item F. There was concern over the work still to be done to the park and the seeding of grass. Council questioned why we were still talking about seeding with rye grass this late in the season and why there was so little evidence of any grass at the park. Mr. Larry O'Flynn of Carter and Burgess said the park was indeed behind schedule and the original date for seeding was in September. That would have been too late to plant bermuda. Council was also concerned that releasing the retainage would eliminate any tool the City might have to be sure the contractor completes the job. Councilman Bogan asked that the items be separated, this item is for the Change Order only. Mayor Manning asked that Council consider the Change Order which was just 6 a change of the completion date and it could be approved without releasing the retainage. Motion to approve the Change Order as submitted - Agnew; second - Lynch. Motion passed with unanimous roll call vote. F. CONSIDERATION OF AUTHORIZING THE RELEASE OF THE RETAINAGE ON THE CONTRACT FOR THE CONSTRUCTION OF THE BILL ALLEN MEMORIAL PARK In addition to discussion related above, Mayor Manning asked if we were in fact under the proposed budget for the park. Mr. O'Flynn and Mr. van Til agreed we were. Mayor Manning directed them to return to the original list of items to be in the park and add back some which were cut so that we will be able to utilize every dollar provided in the grant. Mr. O'Flynn also agreed it was not necessary to use the same contractor for the additions as long as the State was notified. Motion to postpone release of retainage until project is completed - Agnew; second - Dillard. Motion passed with unanimous roll call vote. G. CONSIDERATION OF APPROVAL OF THE FINANCING FOR THE CAPITAL OUTLAY REQUESTS FOR THE 1993/94 FISCAL YEAR Motion to approve financing for 1993/94 Capital Outlay purchases in the amount of $250,000 - Agnew; second - Lynch. Motion carried with unanimous roll call vote. H. CONSIDERATION OF A RESOLUTION AUTHORIZING PARTICIPATION IN THE DENTON COUNTY DRUG TASK FORCE Councilman Lynch requested this item be pulled for review of the figures provided. Finance Director, James England explained the cost analysis for the city's portion. Motion to approve the resolution for participation - Lynch; second - Dillard. Motion passed with unanimous roll call vote. 8. CONSIDERATION OF APPROVAL OF A REQUEST FROM SOUTHWESTERN BELL FOR THE INSTALLATION OF A CELLULAR TOWER WITHIN THE CITY OF THE COLONY Bob van Til, Administrative Staff Planner, stated this site plan had been approved by the Planning and Zoning Commission. It is for a 100' monopole cellular tower to be constructed on private property located directly behind Pizza Inn. Mr. Peter Kavanaugh of Southwestern Bell Mobile was in attendance to answer questions. A brief video about construction standards, safety factors and the growing popularity of cellular communication 7 0050 was played. Discussion followed concerning fees for allowing such towers to be placed in municipalities. Mr. Kavanaugh explained that there are no fees as this is not a franchise. They do however pay ad valorem taxes on the equipment which has a value of approximately $500,000. Mr. Kavanaugh indicated that Southwestern Bell Mobile desires to be good neighbors and has instituted programs in other cities to help with various programs including furnishing cellular phones for Crime Watch programs. Councilman Lynch asked if they would be agreeable to providing some type of help to our community and discussion followed concerning the type of help we might need and if Southwestern Bell Mobile would be able to provide such help. Mr. Kavanaugh stated he could not provide specific information but felt sure that the company would help us there possible. Councilman Bogan questioned how long it would take to construct the site and was told the site could be ready in about thirty days with the system activated in about 45 days. Mr. Pollard asked how long the property was leased for and who the property owner was. Mr. Kavanaugh said he did not have a copy of the lease with him but they are usually for twenty years and the property owner is James Eberhart. Mr. Lynch asked if this site would be grandfathered as we do not have tower regulations at this time. Mayor Manning indicated it would. Motion to approve request for installation of cellular tower - Bogan; second - Agnew. Motion Carried with unanimous roll call vote. 7. CONSIDERATION OF APPROVAL OF AGREEMENT WITH FIRST SOUTHWEST COMPANY FOR ANALYSIS AND EVALUATION OF CABLE OPERATORS SCHEDULES Ms Hicks deferred to Councilman Agnew. He reported he had attended a meeting of a consortium of cities interested in cable rate analysis services. The cable companies are required to justify their basic rates to the city and the computations are very complicated. First Southwest Company has submitted a proposal for services at a reduced group rate. Ms Randee Wilson of First Southwest was in attendance to answer any further questions. On questioning from Council, she stated the proposed fee was for a one time analysis and report of the information submitted by our cable company. Additional services could be provided if needed but any fees would be negotiated in addition to the original analysis. There is a potential for as many as thirty cities to join the consortium and the fee quoted is based on ten. The fee would go down if additional cities join. Councilman Dillard stated he was desirous of this service as no one on the Council or staff has the expertise to provide this analysis. Motion to approve agreement - Agnew; second - Lynch. Motion passed with unanimous roll call vote. 9. DISCUSSION REGARDING PROPOSED CELLULAR TOWER REGULATIONS 8 Ms Hicks reminded everyone this was for discussion only. Councilman Bogan expressed his desire to not start issuing regulations at this time as the technology is changing so rapidly. Councilman Lynch felt it necessary to have at least some basic regulations in place because there are so many types of towers. He also wanted to look into regulations of antennae as well. Mayor Manning directed the Planning and Zoning Commission to continue research including what other cities are doing. 11. COUNCIL COMMITTEE REPORTS None 12. CITY MANAGER'S REPORT Ms Hicks reminded Council of the Special Session Thursday, March 3, 1994 at 7:00 p.m. With no further business to address, Mayor Manning adjourned the meeting at 9:50 p.m. APPROVED: William W. Manning, Mayor ~ ATI'EST: Sandie Chance, Deputy City Secretary