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HomeMy WebLinkAbout05/16/1994 City Council 00516o MINUTES OF THE CITY COUNCIL MEETING HELD ON MAY 16, 1994 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 16th day of May, 1994, at City Hall with the following Council roll call: William W. Manning, Mayor Absent Mike Lynch, Councilman Present Toby Pollard, Councilman Present Kay Hardin, Councilman Present John Dillard, Councilman Present Lynda Tate, Councilman Present and with five present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. MAYORAL PROCLAMATION DECLARING MAY 15 - 21, 1994 AS PUBLIC WORKS WEEK Deputy Mayor Pro-rem Dillard read the proclamation as follows: WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform, NOW THEREFORE, I, John C. Dillard, Deputy Mayor Pro-tem, of the City of The Colony, Texas do hereby proclaim the week of May 15 - 21, 1994, as: 3 00516' NATIONAL PUBLIC WORKS WEEK in the City of The Colony, and urge all citizens and civic organizations to acquaint themselves with the problems involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, and comfort. SIGNED AND SEALED this 16th day of May, 1994. John C. Dillard, Deputy Mayor Pro-tem Tom Cravens, Director of Public Works accepted the proclamation. 3. MAYORAL PROCLAMATION DECLARING MAY 23 - 30, 1994 AS BUCKLE UP AMERICA WEEK Deputy Mayor Pro-tem Dillard read the proclamation as follows: WHEREAS, May 23 - 30, 1994, has been declared Buckle Up America! Week; WHEREAS, motor vehicle crashes are the greatest single cause of death in the United States for every age from 6 to 33 years old; WHEREAS, the lives of 5,226 front-seat occupants over four years old were saved by safety belts in 1.992; WHEREAS, when used, lap and shoulder belts reduce the risk of fatal or serious occupant injury to front seat passengers by 45 to 55 percent; WHEREAS, alcohol-related fatalities peak during the summer driving season; WHEREAS, one of the best defenses against the drunk and drugged driver is the use of safety belts combined with air bags or child safety seats; WHEREAS, those drivers who use their safety belts only on long trips or highway driving should know that three out of four crashes occur within 25 miles of home; WHEREAS, 46 states, the District of Columbia, Puerto Rico and the U.S. Territories have enacted safety belt use laws, and all 50 States, the District of Columbia, Puerto Rico and the Territories have enacted laws requiring the use of child passenger restraint systems; WHEREAS, through continued public awareness, education and enforcement of safety belt laws and usage, death and serious injury can be significantly reduced; WHEREAS, "Buckle Up America! Week" provides communities and organizations an 4 opportunity to join together to work toward increasing the correct use of safety belts and child safety seats by focusing public attention on the life-saving benefits of these systems, automatic belt systems and air bags. NOW, THEREFORE, I, John C. Dillard, Deputy Mayor Pro-tem of the City of The Colony, in recognition of this national life-saving opportunity, join with others across the country to proclaim ()ur support for BUCKLE UP AMERICA! WEEK and encourage the community to observe the week with appropriate programs, ceremonies and activities to increase the use of safety belts and safety seats with the goal of increasing state use rates; to support the efforts of enforcement agencies to increase compliance with state occupant protection laws; and to encourage part-time users to become full-time users. SIGNED AND SEALED this 16th day of May, 1994. John C. Dillard, Deputy Mayor Pro-tem This proclamation will be mailed to the Texas Department of Transportation. 4. RECEIVE PRESENTATION FROM THE NORTH TEXAS WATER UTILITIES ASSOCIATION Mr. Royce Simpson with the North Texas Water Utilities Association thanked the Mayor and Council for the opportunity to be here and gave a brief background of the association. Mr. Simpson introduced city employee, David Yordy and recognized him for giving a very informative program to the association and in appreciation of his service, Mr. Simpson presented Mayor Pro-tern Dillard with a plaque for the City. 5. CITIZEN INPUT Jim Wallace, 5032 Pemberton, addressed the council regarding the condition of the emergency care equipment in the Fire Department. Mr. Wallace said he has 15 years in fire and emergency service. He said he is very concerned about the fire personnel's ability for a quick response and he implored the council to replace an ambulance and first out fire truck as soon as possible. Mr. Wallace said there are financial plans available to allow the city to purchase these items without putting the city in a bind. 5 00516 6. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD MAY 2, 3, AND 9, 1994 Motion to approve the minutes as written - Lynch; second - Tate, carried with a unanimous roll call vote. B. CONSIDERATION OF ACCEPTANCE OF A LETFER OF RESIGNATION FROM CAROL CHABINAK-BALL, PLANNING AND ZONING COMMISSION MEMBER Motion to approve the letter of resignation - Lynch; second - Tate, carried with a unanimous roll call vote. 7. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS BY AMENDING CHAPTER 12, SECTION 6, RELATING TO RATES Mr. Smith indicated staff has made one minor change in the ordinance to solve a problem for one commercial customer and recommended a committee be appointed to study the entire rate structure, noting the current ordinance does call for annual review of the rates. Mr. Smith said this amendment will have minimal impact on other commercial '--" customers and the city. Motion to approve the ordinance as written - Lynch; second - Pollard, carried with a unanimous roll call vote. Mayor Pro-tem Dillard said the Fees Committee will need to review the rates. Mr. Smith noted this does not impact residential service. 8. CONSIDERATION OF APPROVAL OF A SITE PLAN AS PRESENTED BY THE AMERICAN METHODIST EPISCOPAL CHURCH Tom Cravens stated the American Methodist Episcopal (AME) Church is proposing to build a church on a tract of land on the north side of N. Colony Blvd. and west of the Peanut Gallery. The tract is not yet platted, but will be prior to any permit being issued. The plat is considered a "minor plat" and will be handled by staff. Mr. Cravens said the site plan has been before Planning and Zoning and has received a favorable recommendation. Councilman Lynch asked why the drives do not line up with the median cut on N. Colony and Mr. Cravens stated there was not enough room to put in two drives in the center of the property to line up with the median. He went on to say that "No U-turn" signs will be posted in the median to prevent traffic problems. Mayor Pro-tem Dillard asked the cost for a sprinkler system to be added and the architect stated it is $1.00 to $1.10 per "-" square foot and for this 4200 square foot building, the cost would be significant. Councilman Lynch asked staff to define a minor plat. Motion to approve the site plan as presented - Lynch; second - Tate, carried with a unanimous roll call vote. 9. CONSIDERATION AND ACTION REGARDING A PROPOSAL FROM KEN MEIER TO OPERATE A PORTABLE REFRESHMENT STAND AT KID'S COLONY Ms. Sylvia Brantley stated Mr. Ken Meier came before the Parks & Recreation Board on May 11, 1994 and requested permission to place a portable refreshment stand in the area of Kid's Colony Playground. Mr. Meier was present and told the Council he felt the refreshment stand would not only gain a profit for him, but would help Kid's Colony, noting that he will donate 25% of the profits to the Kid's Colony project. Mr. Meier said if this is not profitable he will discontinue operation. Councilman Hardin asked about the building and Mr. Meier said he will operate from his truck initially because he does not want to make a large investment until he sees if it will be profitable. Mr. Meier said he will only sell soft drinks and sno-cones. There followed a general discussion regarding electrical, serving of water and days of operations. Mr. Meier said 110 volts should be sufficient, that he would not serve water because that would not be profitable and he said if the demand is there, he will operate 7 days a week. Mr. Johnny Smith said this will be a separate contract from the Colonyville Miniature Golf Course contract, but the insurance provided for ()ne will be sufficient for both. Motion to approve the portable refreshment stand - Pollard; second - Hardin, carried with a unanimous roll call vote. 10. CONSIDERATION AND ACTION REGARDING A REQUEST FROM MIKE C/U1RTER REPRESENTING KID'S COLONY Johnny Smith said Kid's Colony is asking the City to assist them in retiring their debt, which is currently an 18% interest loan. Mr. Smith said First Colony Bank is willing to make a loan to Kid's Colony at a lower interest rate to allow them to pay off the present loan. Mr. Smith said right now all the City is requested to do is support Kid's Colony in getting this loan from the bank. Mike Carter with Kid's Colony said the committee went with more expensive ground cover than anticipated, at a cost of $15,000.00 and the committee incurred that debt so the park would be nicer. Mr. Carter said now the committee owes just over $10,000 and noted they are still waiting for J.C. Penney and Frito Lay to make their large donations as promised. Councilman Lynch asked if the income noted in the packet is eminent and Mr. Carter said approximately $2000 - $4000 should be in within the next couple of months and that the committee is still working with other sponsors. Mr. Carter said there is more 7 construction to be done at the park but not until the current debt is retired. 8:10 p.m. Deputy Mayor Pro-tem Dillard called a recess to allow for the swearing in of Rob Burchard as Councilman Place 4. 8:25 p.m. Reconvene - Councilman Burchard took his place on the dais. 11. ELECTION OF MAYOR PRO-TEM AND DEPUTY MAYOR PRO-TEM Deputy Mayor Pro-tern Dillard opened the floor for nominations for Mayor Pro-tem. Councilman Pollard nominated Mike Lynch. There being no further nominations, Councilman Lynch was elected as Mayor Pro-tem by acclamation. Deputy Mayor Pro-tem Dillard opened the floor for nominations for Deputy Mayor Pro-tem. Councilman Burchard nominated John Dillard. There being no further nominations, Councilman Dillard was elected as Deputy Mayor Pro-tem by acclamation. With Mayor Pro-tem Lynch's approval, Deputy Mayor Pro-tern Dillard continued to preside at the meeting. 12. COUNCIL COMMITTEE REPORTS 13. CITY MANAGER'S REPORT 1. Thanks for the Memories is moving along. Staff is working on an agreement and the Chamber has voted to support the event. June 26, 1994 is the confirmed date. 2. Sludge Disposal - The property owner hesitated to sign the necessary forms, which caused a dilemma regarding disposal of sludge. Currently we are paying $4000.00 per month for disposal but we have been working with the property owner of our previous disposal site for an agreement to use his property again. 3. State Highway 121 meeting of Friday - Minutes will be made available to Council. 4. The ambulance chassis bids came in and are being reviewed by staff. Council will be asked to accept the bids so we can negotiate with the bidders. If there is no acceptable bid staff will asked to re-bid this project. 8:25 p.m. 14. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.074 OF THE LOCAL GOVERNMENT CODE REGARDING PERSONNEL, TO-WIT: A. REVIEW OF CITY MANAGER B. QUARTERLY REVIEW OF CITY SECRETARY/DIR. OF ADM. SERVICES 8 10:40 p.m. 15. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE EXECUTIVE SESSION There being no further business to address, Deputy Mayor Pro-tem Dillard adjourned the meeting at 10:42 p.m. APPROVED: /hn C. Dihard, Deputy Mayor Pro-tern ATTEST: Patti A. Hicks, TRMC, City Secretary 9