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HomeMy WebLinkAbout04/17/1995 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON APRIL 17, 1995 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 6:30 p.m. on the 17th day of April, 1995, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Mayor Pro-Tem Present Kay Hardin, Councilman Present Rob Burchard, Councilman Present John Dillard, Councilman Present David Heiman, Councilman Present and with six present, a quorum was established and the following items were addressed: 6:36 p.m. 1. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551 OF THE LOCAL GOVERNMENT CODE REGARDING PERSONNEL, LAND ACQUISITION, AND POTENTIAL LITIGATION A. EXTENSION OF JOSEY LANE FROM F.M. 423 - 551.071/072 B. GIBSON VS. CITY OF THE COLONY - 551.071 C. UNITED COMMERCIAL DEVELOPMENT ZONING - 551.071 D. EMPLOYMENT AGREEMENTS - CITY MANAGER & CITY - 551.074 SECRETARY/DIRECTOR OF ADMINISTRATIVE SERVICES 7:40 p.m. 2. PLEDGE OF ALLEGIANCE 3. CITIZEN INPUT Matt Plummer, 5577 Ragan advised the council there has been a large pile of debris along Scott Drive (behind the city facility on N. Colony) for quite some time and asked when it would be cleaned up. Tom Cravens stated the city does have a permit for a trenched burn and that we have to wait for dry weather to be able to take care of it. Debra Zacharko. 7205 Ragan addressed the problem of speeding along Ragan Rd and asked if speed humps could be installed to slow down the traffic. She also asked that parking not be allowed along the curve and advised that people are dumping on the Corps property behind her house. Mr. Smith said both Ragan and Etheridge have been looked at as testing areas for speed humps and that staff will also look at the curves. 3 J~nna Burton, 6805 Burton said traffic on Ragan needs to be slowed down. __ Major K. Von MacKenser. 5109 Ragan said Ragan Rd. is a "race track" and the traffic needs to be slowed down on the street as well as the alley. Marianna Wilson. 4520 Carr representing the Church of Jesus Christ Latter Day Saints thanked city staff and many other citizens for the help they gave recently to Elsie Welkner when she lost her home to fire. Janice Rose, 4801 Hetherington Drive thanked the city for the new sidewalk in her neighborhood and invited everyone to attend an open house at The Colony Public Library on April 25, 1995 from 7:00 p.m. to 9:00 p.m. to kick off the Visions of Life, fine arts exhibit sponsored by the Library and the Colony Women's Fine Arts Collective. 4. MAYORAL PROCLAMATION DECLARING THE WEEK OF APRIL 24 - 28, 1995 AS CHAMBER OF COMMERCE WEEK Mayor Manning read the proclamation in it's entirety. Ms. Gloria Ruddell, president of The Colony Chamber of Commerce was present to accept the proclamation. Ms. Ruddell invited everyone to come by the Chamber office on April 24, 1995 from 9 - 5 for an open house. 7. CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO PROCEED WITH SURVEYS AND APPRAISALS AS NECESSARY FOR THE ACQUISITION OF RIGHT OF WAY FOR THE CONSTRUCTION OF THE JOSEY LANE EXTENSION NORTH FROM F.M. 544 TO F.M. 423 -- Mr. Smith said with the permission of the City Council, he will work with the City - Attorney to secure access to the above named property to get an appraisal of the property and to stake the possible right of way. Motion to authorize the city manager to work with the city attorney to secure access to the above named property in order to get an appraisal and to stake the property - Lynch; second - Dillard. Councilman Heiman advised that this action does not commit the city to any further action regarding this property, but that we are only authorizing an appraisal. Joyce Fulco, 4712 Clover Valley, asked where the city is going to get the money to purchase this property when we can't pay people enough to keep them working at the Library, stating the Library is closed 3 days a week because of this problem. Motion carried with a unanimous roll call vote. 8. CONSIDERATION OF AMENDING RESOLUTION NO. 94-21 RELATING TO RECONSIDERATION OF ITEMS VOTED ON WITHIN SIX MONTHS The City Attorney, Pete Eckert was present and expressed concern that the existing ---- 4 00665o resolution requiring four signatures of council to bring an item back for reconsideration within six months from the time it was voted upon may be a violation of the Open Meetings Act. This is based on the fact that four members of council constitutes a quorum and the acquiring of four signatures could be construed as a violation. Mr. Eckert suggested that a smaller number of signatures be required. Council discussed how long this particular requirement has been in place and problems that may have caused by it's use. It was generally agreed that the resolution should be more in line with Roberts Rules of Order. Councilman Burchard suggested that only one member of the prevailing side be required to make the request. Councilman Hardin said she likes the requirement the way it is, no matter how it looks, it has not been a problem in the past. Further discussion regarding bringing the same issue back before the council over and over again. Motion to amend Section 7 to require only one member of council on the prevailing side (may request an item be brought back before council within 6 six months for reconsideration) - Lynch; second Burchard, carried with the following roll call vote: Lynch. Aye, Hardin - Aye, Burchard - Aye, Dillard - No, Heiman - Aye, Manning - Aye. 10. CONSIDERATION OF APPROPRIATE ACTION REGARDING THE CONTRACTUAL AGREEMENT WITH WASTELINE ENGINEERING FOR THE DESIGN AND CONSTRUCTION OF A WASTEWATER TREATMENT PLANT IN THE CITY OF THE COLONY AND THE SLUDGE HANDLING AND DISPOSAL PROJECT LOAN REQUEST GO THE TEXAS WATER DEVELOPMENT BOARD Mr. Smith said the estimated cost for improvements to the wastewater treatment plant for sludge handling and disposal and a building are just over $900,000.00. He said a letter to the Texas Water Development Board will be sufficient to get us placed on their (TWDB) agenda. Boyd London, financial advisor, representing First Southwest suggested rounding the amount up to an even one million dollars since bonds have to be sold in $5000.000 increments and any excess will be sent back to the TWDB. Motion to authorize the city manager to enter into a contract for sludge handling, not to exceed $1,000,000.00, to have to the state by the first of may for S.R.F. funding - Lynch; second - Hardin, carried with a unanimous roll call vote. Mr. Johnston then addressed questions from the last meeting regarding how placing the existing contract with Wasteline Engineering on hold will effect the city's bond rating. Using overheads he attempted to explain how a disclosure of this nature in our audit impacts our bond rating. Mr. London said the city has a good bond rating, but noted that bond rating presentations don't always deal with hard numbers and advised that this item will raise questions. He said things change and there is no way to know what impact this would have but it will definitely lead to discussion. Councilman Lynch said this is not a 5 liability until the money is actually spent. Lengthy discussion followed about full disclosure, the mount of time before construction of the wastewater treatment plant and whether to cancel the contract or put it on hold. Motion to authorize the City Attorney to place the existing contract with Wasteline Engineering on hold - Heiman; second - Dillard, carried with a unanimous roll call vote. At this time, Mayor Manning stepped down and left the Council Chambers due to a potential conflict of interest regarding the next agenda item. Mayor Pro-tern Lynch presided. 11. REVIEW AND CONSIDERATION OF APPROVAL OF THE PROPOSED THOROUGHFARE PLAN FOR THE CITY OF THE COLONY Mr. Smith suggested it is in the best interest of all concerned to postpone this item to a joint session of the Council and the Planning and Zoning Commission, advising the P & Z Chairman, Barbara Crocker and Dal-Mac president, Brad McJunkin agree with this suggestion. Motion to refer this item to a joint work session between the council and the planning and zoning commission - Heiman. After discussion, the motion was amended to refer this item to a joint special session of council and Planning and Zoning, with action items for both bodies on the agenda immediately following a work session item - Heiman; second - Dillard, carried with a unanimous roll call vote. After brief discussion the date of May 2, 1995 was proposed for this meeting. Staff will follow up. Recess - 9:10 p.m. Reconvene - 9:15 p.m. At this time, Mayor Manning presided over the meeting. 5. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETING HELD APRIL 6, 1995 Motion to approve the minutes as written - Dillard; second - Burchard, carried with a unanimous roll call vote. B. CONSIDERATION OF APPROVING A RESOLUTION SUPPORTING 6 PARTICIPATION IN A WORK PLACE RECYCLING GRANT Motion to approve the resolution as written - Dillard; second - Burchard, carried with a unanimous roll call vote. C. CONSIDERATION OF AN ORDINANCE AMENDING CHAFFER 6 BY AMENDING ARTICLE I RELATING TO THE UNIFORM BUILDING CODE, AND ARTICLE III RELATING TO FENCES; AMENDING CHAPTER 10 BY AMENDING ARTICLE V RELATING TO WEEDS; AND AMENDING CHAPTER 12 BY AMENDING ARTICLE II RELATING TO SOLID WASTE DISPOSAL These amendments are being recommended as a result of a joint effort from the Municipal Court, the Public Works Department and the City Attorney to make our code more enforceable. These departments have made their recommendations based on problems in the past relating to the enforcement of sections of our Code of Ordinances specifically relating to Occupancy, Inspections, Weeds, Trash, and Rubbish. With the cooperation of the City Attorney, this ordinance has been prepared and it is recommended the Council approve the amendments. Councilman Heiman said he thinks this will help with problems in the city. Some concern was expressed that the ordinance does not allow the use of trash cans, however, Mr. Smith advised that Texas Waste Management has always picked up the trash anyway even though it is in cans, as long as it is in a trash bag as well. A few minor amendments were noted by Mr. Smith, i.e., thickness of the bag should be 2 mil, trash may not be set out before 7:00 p.m. the day before pick-up. Some concern was expressed that if this ordinance is passed, it should be enforced. Ways to monitor this were discussed. Motion to approve the ordinance as amended - Heiman; second - Lynch, carried with a unanimous roll call vote. 6. PRESENTATION AND DISCUSSION OF A REQUEST FOR THE OPERATION OF CONCESSION AND BOAT RENTAL ACTIVITIES AT HIDDEN COVE PARK The City has received a proposal from D.C.D. to operate a concession area and rental of recreational equipment. Mr. Smith suggested starting with an agreement similar to current concessionaire agreements in the city until the Corps of Engineers approves this particular proposal and agreement. Mr. Richard Stone was present to address the council regarding his proposal. Council asked several questions regarding types of materials to be used to construct the slips, the breakwater, etc. There was a lengthy discussion and considerable concern regarding the 35 year term proposed and the request to have the first option on a marina at the park. After further discussion, it was generally agreed to use the same concessionaire agreement we have in place with other contractors at 15%- 16% and to direct the City Manager to further negotiate this particular agreement with D.C.D. 9, CONSIDERATION OF SUBMISSION OF A RECOMMENDATION FOR __ MEMBERSHIP TO THE 1995-96 OFFICERS AND DIRECTORS FOR THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS No action was taken on this item. 12. CITY MANAGER AND STAFF REPORTS 1. Speed humps are still being researched in certain areas. 2. Staff is working on cleaning up the entire city and citizens can help by calling in when they see a need. 3. The Animal Control Ordinance will be reviewed with commercial establishments regarding their particular concerns. In regard to the letter from a citizen about a Sheltie dog, the city does have some responsibility and staff is following up on this issue. 4. Political Activities by city employees. The old policy was looked at last week and found to be out of date. The City attorney reviewed our policy and recommended amending it to comply with the Local Government Code, which ensures employees have their constitutional rights under the first amendment. 5. R.F.P.'s are going out on the feasibility study for the Wynnewood golf course. 6. The Charter Review Committee has met twice and has one more meeting scheduled. Presentation to the full council will be in the very near future. With no further business to address, Mayor Manning adjourned the meeting at 10:10 p.m. APPROVED: · lam W Manning, Mayor ATrEST: Patti A. Hicks, TRMC, City Secretary 8