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HomeMy WebLinkAbout04/04/1994 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON ~-'" APRIL 4, 1994 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:10 p.m. on the 4th day of April, 1994, 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-rem Present and with seven present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. JOINT WORK SESSION WITH PLANNING AND ZONING COMMISSION TO DISCUSS PROPOSED REGULATIONS REGARDING CELLULAR TOWERS There was no quorum of P&Z members. Member Swerdloff represented the committee and presented the proposed regulations to Council. Discussion followed about the proposed regulations and it was determined that additional review was needed before any action should be taken. 3. MAYORAL PROCLAMATION DECLARING 1994 AS STAY IN SCHOOL YEAR Mayor Manning read the proclamation in its entirety as follows: WHEREAS, each and every young person in this country needs at least a high school education for both financial and personal reasons; and WHEREAS, the United States Army, through its recruiters, is stressing to all U.S. youngsters to "stay in school and stay off drugs" because an education provides the best opportunities, whether in enlisting in the Army or working at a civilian job; and, WHEREAS, Army recruiters will serve as role models for youth and will provide programs encouraging youngsters to stay in school: NOW THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Texas do hereby proclaim 1994 as "STAY IN SCHOOL YEAR" in the City of The Colony, Texas and ask that adults throughout our community also serve as role models and encourage our young people to continue their educations. SIGNED AND SEALED this 4th day of April, 1994. William W. Manning, Mayor ATFEST: Patti A. Hicks, TRMC City Secretary Mayor Manning added that while this proclamation was presented on behalf of the United States Army, all branches of the military are involved in supporting the continuing education of our youth. 4. MAYORAL PROCLAMATION DECLARING APRIL 9 - 16, 1994 AS TEXAS ARCHEOLOGY AWARENESS WEEK Mayor Manning read the proclamation in its entirety as follows: WHEREAS, Denton County has a rich and diverse cultural heritage which is evident by its numerous archeological and historic sites; WHEREAS, preservation of Denton County Archeological sites represents a unique and irreplaceable part of Texas history; WHEREAS, many citizens and organizations are striving to preserve and protect the archeological heritage of Denton County; WHEREAS, Texas Archeology Awareness Week offers an opportunity for Denton County citizens to reflect on the unique cultural legacy of Denton County and the contributions archeological studies offer in interpreting and understanding the past NOW, THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Texas do hereby proclaim the week of April 9 - 16, 1994 as TEXAS ARCHEOLOGY AWARENESS WEEK in the City of The Colony, Texas. SIGNED AND SEALED this 4th day of April, 1994. 00512° William W. Manning, Mayor ATI'EST: Patti A. Hicks, TRMC City Secretary 5. PRESENTATION AND CONSIDERATION OF A PROPOSAL FROM MARY HORN REGARDING TAX COLLECTION Mary Horn, Denton County Tax Assessor/Collector presented a proposal for her office to assume the collection of taxes for the City of The Colony. This is now handled by the Denton Central Appraisal District. She indicated her office could provide this service for a charge of $0.55 per notice which is significantly lower than the rate charged by D.C.A.D. This would include the first notice sent in October and follow-up notices in January. An additional $0.55 would be charged for delinquent notices sent in May. Discussion followed on the reporting services which would be provided to our Finance Department as well as wire transfer of funds. Ms Horn indicated they do not have wire transfer at this time but hope to have the ability in place in October, 1994 when they would assume our tax collection duties. She also reminded Council that they must notify D.C.A.D. by June 1 if they intend to make any changes in the collection of taxes. Motion to enter into a contract with Denton County Tax Assessor/Collector for collection of city taxes - Bogan; second - Lynch. Motion carried with a unanimous roll call vote. 6. CONSENT AGENDA Mayor Manning read the items on the consent agenda. Councilman Pollard pulled item 6C for further discussion. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD FEBRUARY 28 AND MARCH 21, 1994 Motion to approve the minutes as presented - Agnew; second - Dillard. Motion carried with unanimous roll call vote. B. CONSIDERATION OF AN AMENDMENT TO THE CONTRACT FOR THE STEWART CREEK PARK GATE ATI'ENDANT Motion to approve the amended contract as presented - Agnew; second - Dillard. Motion carried with unanimous roll call vote. C. CONSIDERATION OF RENEWAL OF THE CONCESSIONAIRE CONTRACT AT THE COLONY AQUATIC PARK Councilman Pollard asked about the hours of operation indicated in the contract. He recalled that during previous discussions, it was suggested the hours of operation be increased as a possible source of increased revenue for the pool. He addressed Councilman Dillard for an update from the Aquatic Park Enhancement Committee in regard to increasing revenue. Councilman Dillard said they are still reviewing things which need to be done and how to accomplish them. Motion to approve the contract as presented - Pollard; second - Lynch. Motion carried with a unanimous roll call vote. D. CONSIDERATION OF ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR 1992-93 Motion to accept the report as presented - Agnew; second - Dillard. Motion carried with unanimous roll call vote. E. CONSIDERATION OF APPOINTMENT OF DORIAN BARTON TO PLACE 4 OF LIBRARY BOARD AND OF JOHN MITCHELL TO PLACE 4 OF THE BOARD OF ADJUSTMENTS AND APPEALS Motion to appoint Dorian Barton to the Library Board and John Mitchell to the BOAA - Agnew; second - Dillard. Motion carried with unanimous roll call vote. F. CONSIDERATION OF APPROVAL OF A PROPOSAL FROM R.B.I. TO APPLY BUFFALO GRASS AT BILL ALLEN MEMORIAL PARK, IN LIEU OF IMPOSITION OF LIQUIDATED DAMAGES Motion to accept the application of buffalo grass at BAMP in lieu of liquidated damages - Agnew; second - Dillard. Motion carried with unanimous roll call vote. O. CONSIDERATION OF APPROVAL OF AN ORDINANCE AUTHORIZING A CONTRACT WITH FIRST INTERSTATE BANK OF TEXAS FOR THE FINANCING OF THE 1993-94 CAPITAL EXPENDITURES Motion to approve the ordinance as written - Agnew; second - Dillard. Motion carried with unanimous roll call vote. H. CONSIDERATION OF APPROVAL OF A RESOLUTION AUTHORIZING A PARTICIPATION AGREEMENT WITH THE TEXAS LOCAL GOVERNMENT INVESTMENT POOL Motion to approve the resolution as written - Agnew; second o Dillard. Motion carried with unanimous roll call vote. 7. CONSIDERATION OF APPROVAL OF AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES RELATING TO ROOF COVERINGS It had previously been discussed to ban the use of wood shingle roofing material in the city. Councilman Agnew asked why Fire Marshall Dave Wallace had changed his mind and was now recommending they be allowed. Captain Wallace said this was not a change of mind but a matter of education. The information he had been given previously was outdated. He was now aware of wood shingle roofing material which could be treated by the manufacturer which would meet the minimum Class "C" rating required in our building codes. The inspections department would work with the fire department to inspect all bundles prior to installation to ensure they met the requirements. Motion to approve the ordinance as written - Bogan; second - Dillard. Motion carried with the following roll call vote: Lynch - No; Pollard - Aye; Agnew - Aye; Bogan - Aye; Dillard - Aye; Marks - Aye; Manning - Aye. 8. CONSIDERATION OF AUTHORIZING EXPENDITURE OF FUNDS FOR THE REPAIR OF THE GENERATOR AT THE WASTEWATER TREATMENT PLANT Staff presented their recommendation to award the repairs to Bane Machinery, Inc. even though they appear to be higher. Don Owens said the quote from Bane represented ~---~ a "worst case scenario". They felt the repairs would probably be less but would certainly be no more. Able had only provided a partial list of repair charges and while they agreed verbally that certain costly items, like the turbo charger, were included in their quote, they were unwilling to put it in writing. Ms Hicks commended staff on an excellent job and reminded Council that Bane had 30 years experience repairing this type of machinery, while Able only has six months experience in this type repair. Additional discussion followed. Councilman Dillard called the question which carried with all ayes. Motion to award repairs to Able Fuel Injection & Engine Machine Shop - Lynch; second - Pollard. The motion carried with the following roll call vote: Lynch - Aye; Pollard - Aye; Agnew - Aye; Bogan - Aye; Dillard -Aye; Marks - No; Manning - No. 9. CONSIDERATION OF A PROPOSAL REGARDING THE PUBLIC SAFETY RADIO SYSTEM Police Chief, Bruce Stewart, said we have received our current billing for the Public Safety 800 mhz radios from Denton County in the amount of $5,806. Due to the problems experienced, he has been looking into alternate tower sites. The proposal from Plano is presented for consideration. The fee would be $8,710 with a one time programming fee of $1,500. Similar proposals from Lewisville were significantly higher. The departments have tested the radios using the Plano tower and have very few problems. He would like to make 8 tested the radios using the Piano tower and have very few problems. He would like to make the change as soon as possible. Councilman Dillard said this is an excellent program even though the annual fee is higher. Discussion followed concerning the ability to continue to communicate with Denton County and surrounding areas. Chief Stewart assured Council that we would still be linked to all of the areas we are now. Motion to enter into a contract with the City of Piano for use of radio system - Bogan; second - Agnew. Motion carried with a unanimous roll call vote. 10. CITIZEN INPUT - None 11. COUNCIL COMMIq-TEE REPORTS Councilman Agnew reported the Economic Development Board had held their first meeting and were getting to know each other. Their next meeting is scheduled for April 19 for a joint session with The Colony 2000. They would like to schedule a joint work session with the Council after the election. Councilman Dillard said the Beautification Committee needs to look at the entrances to the City. He also responded to Councilman Pollard's earlier query, saying the Aquatic Park Enhancement Committee is comprised of himself and the manager of the pool, Elise Knox, together with some volunteers. They have been charged with the overall enhancement of the pool, not just increasing revenue. They have had a successful work day which corrected many minor problems at the pool. Councilman Dillard also reported that he had met with a manufacturer about relocating to our city. We don't have the type of facilities they were interested in. 12. CITY MANAGER'S REPORT Ms Hicks said she had several items to go through. She asked Tom Cravens, Director of Public Works to address the first items. A. Chapman alley fence - this is a wood fence on the north side of the alley built by the developer. It has deteriorated and needs to be removed or replaced. This was not built by the City and is not used by the City but it is on city land. It was suggested that council members look at the fence before making a decision. B. Sludge disposal - Mr. Cravens said that for several years we have taken our sludge to Prosper where a landowner has allowed us to dispose of it for free. New state regulations for a permit require the landowner to sign and he has refused. We are using a temporary alternative now at a cost of approximately $1,000 per week. He is reviewing the possibility of renting a belt press and taking the sludge to the land fill to see if it is cheaper. C. Spring clean up day - will be Saturday, April 9 from 8:00 a.m. to 2:00 p.m. They 9 are asking that any appliances with freon be taken to the Utility building location so they can remove the freon before disposal, and brush be taken to the Aquatic Park location. The Little League Parade will also be on Saturday at 9:00 a.m. The Blair Oaks location will be inaccessible during the parade. D. "Old General" fire engine - Carrollton has sold the motor. E. The Colony Cougar football booster program - need $10 from each council member so your name will appear in the program. F. Plano pumper -Plano has loaned us a pumper while ours is being repaired. G. Sound system - still awaiting third quote. H. Interview engineering firms - All five firms will be here Monday, April 25. Interviews will begin at 6:30 and each will have a maximum of 45 minutes which includes questions and answers. 13. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.072 REGARDING LAND ACQUISITION, TO-WIT: A. ACCESS EASEMENT FROM F.M. 423 WEST TO THE LIFT STATION Recess at 9:05 p.m. Reconvene at 10:18 p.m. 14. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE EXECUTIVE SESSION With no action necessary and no further business to address, Mayor Manning adjourned the meeting at 10:20 p.m. APPROVED: . William W l~nmng, · tlgla-yo~- ATTEST: Sandie Chance, Deputy City Secretary 10