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HomeMy WebLinkAbout11/20/1995 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON NOVEMBER 20, 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 20th day of November, 1995, at City Hall with the following Council roll call: William W. Manning, Mayor Present Bill Longo, Councilmember Present Mary Watts, Councilmember Present Kay Hardin, Councilmember Absent (Arrived 7:15 p.m.) John Dillard, Councilmembr Present G. David Heiman, Councilmember Present and with five present, a quorum was established and the following items were addressed: 6:30 P.M. WORK SESSION TO RECEIVE REPORT FROM GEORGE SCHRADER REPRESENTING SCHRADER AND CLINE ON THE STATUS OF THE PROPOSED FRISCO JETPORT Mr. Schrader and an associate gave the council a presentation regarding the new Frisco Jetport located in Frisco, Texas. The project was begun in the mid 1980's but due to financial difficulties was halted for a period of time. Mr. Schrader's company plans to develop the jetport and advised that there would be little or no adverse environmental impact on the City of The Colony. They fielded questions regarding flight patterns, air space, noise, take-off patterns, etc. Councilman Watts specifically asked if any consideration had been given to an emergency support roadway across the Burlington Northern Railroad. Mr. Schrader said it had not been considered, but that it is a good idea. Mr. Schrader said they are working toward a noise abatement policy for the jetport. There have been concerns expressed by some residents in the Stonebriar area of Frisco and Mr. Schrader said they have tried to address all those concerns. 7:30 P.M. REGULAR SESSION AGENDA 1. PLEDGE OF Al JI.EGIANCE 2. CITIZEN INPUT - None 3. MAYORAL PROCLAMATIONS AND PRESENTATIONS MAYORAL PROCLAMATION DECLARING NOVEMBER 19 - 26, 1995 AS NATIONAL BIBLE WEEK This proclamation was read in it's entirety and will be mailed to the Laymen's National Bible Association as requested. PRESENTATION OF GOVERNMENT FINANCE OFFICER'S ASSOCIATION "DISTINGUISHED BUDGET AWARD" TO THE FINANCE DEPARTMENT Mr. Tony Johnston, Finance Director introduced Rutharm Devlin and Gwen Mansfield, two staff members of the Finance Department and recognized them for their efforts in achieving this award for the City of The Colony. PRESENTATION AND RECOGNmON OF THE GRADUATES FROM THE FIRST CITIZEN'S POLICE ACADEMY BY THE COLONY POLICE DEPARTMENT Chief Stewart presented the first graduating class of the Citizen's Police Academy: Glerma Siemens, Ella Collinsworth, Irvin Martin, John Sergent, William Cunnlngham, Klm Smith, Gae Bausticker, Ida Longo, Bill Longo, Rachel Longo, Cindi Likely, Virginia Banon, Melissa Hicks, Linda Nair and Donna Stueber. 4. PUBLIC HEARING ON APPLICATION OF MOSTAFA SETAYESH, P.E., THE DIMENSION GROUP, INC. FOR A CHANGE OF ZONING ON PROPERTY CURRENTLY ZONED GENERAL RETAIL, SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE BELOW DESCRIBED PROPERTY A SPECIFIC USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION NORTHEAST CORNER OF THE INTERSECTION OF STATE HIGHWAY 121 AND F.M. 423/MAIN STREET Motion to open the Public Hearing - Heiman; second - Hardin - All Ayes. Jeff Stone, the owner is requesting this Specific Use Permit for the purpose of selling beer and wine for off-premise consumption at the proposed S & S Convenience Store, which is part of the recently approved Mobil Station to be located at this site. Mr. Stone introduced himself and said that he is willing to comply with all the city's regulations. Councilman Hardin questioned whether beer and wine should be sold at this location, which is on Hwy 121, one of the states most dangerous highways. Councilman Watts noted there are 19 businesses in The Colony that sell alcohol; 7 on-premise consumption and 12 off-premise consumption. Mayor Manning asked if this item is both the site plan and the SUP and Mr. Chavez said it is. Mr. Chavez said the SUP requires a site plan so both items are being addressed at one time. Mayor Manning said in the future that should be better identified so the council will know exactly what they addressing. He said he strongly opposes tying the site plan items to the approval of a SUP for beer and wine. Johnny Smith said there are no standards in place along the 121 corridor right now and staff is trying to ensure that the development is acceptable. Motion to close the Public Hearing - Heiman; second - Dillard - All Ayes. 5. PUBLIC HEARING ON APPLICATION OF T. MARK MCCAIJ~, MCCALL RESTAURANT GROUP, INC. FOR A CHANGE OF ZONING ON PROPERTY CURRENTLY ZONED SHOPPING CENTER, SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE BELOW DESCRIBED PROPERTY A SPECIFIC USE PERMIT FOR THE SALE OF LIQUOR, INCLUDING BEER AND WINE FOR ON- PREMISE CONSUMPTION 4649 S. COLONY BLVD., SUITE 300 LAKEVIEW PLAZA SHOPPING CENWER Motion to open the Public Hearing - Hardin; second - Heiman - Ail Ayes. Mark McCall, owner of the proposed Zydeco's Restaurant was present and stated that he anticipates alcohol sales to be no more that 12% of the total. He has been in the restaurant business several years. This is not a chain but will be his own restaurant which he will own and operate. He hopes to open in February 1996. Motion to close the Public Hearing - Longo; second - Dillard - Ail Ayes. 6. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETING HELD NOVEMBER 6, 1995 Council meeting minutes have been prepared for the council review and approval. Motion to approve the minutes with one correction - Dillard; second - Hardin, carried with a unanimous roll call vote. B. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY BY AMENDING APPENDIX A-ZONING, BY GRANTING A SPECIFIC USE PERMIT FOR THE SAI.E OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION AT THE BELOW DESCRIBED LOCATION NORTHEAST CORNER OF THE INTERSECTION OF STATE HIGHWAY 121 AND F.M. 423/MAIN STREET After the above public hearing regarding this request the council may approve the request by adoption of this ordinance. Approval is recommended by staff and Planning and Zoning. Councilman Hardin asked if this could be tabled until the 121 Corridor overlay is ready. Mr. Smith said he does not know how long that will take. Mr. Stone said they plan to break ground December 4, 1995. Councilman Hardin asked if the site plan could be approved without the SUP. Mr. Smith stated he does not think there will be anything in the overlay that addresses sale of beer and wine. Mr. Chavez said he has reviewed both the site plans for this SUP and for the Albertson's store with the consultant working on the overlay and both are in line with what he (consultant) is recommending, with the exception of pole signs. Councilman Hardin said she does not think this is the best place for the sale of alcohol and someone has to take this first step. Mr. Chavez said the State statute regulates the sale of alcohol and since The Colony is wet, anyone can sell alcohol without an SUP as long as they meet the statutes. Mr. Rob Farrell, Farrell and Assoc., 5220 Spring Valley, Suite 500, Dallas, said his company is the fifth developer to attempt to get this shopping center developed and this the first he has heard of this particular concern. He said this is an intricate puzzle and if one piece falls the whole thing falls. Motion to approve the ordinance as written - Heiman; second - Dillard, carried with a unanimous roll call vote. C. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY BY AMENDING APPENDIX A-ZONING, BY GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF BEER AND WINE FOR ON-PREMISE CONSUMPTION AT THE BELOW DESCRIBED LOCATION 4649 S. COLONY BLVD., SUITE 300 LAKEVIEW PLAZA SHOPPING CENTER After the above public hearing regarding this request the council may approve the request by adoption of this ordinance. Approval is recommended by staff and Planning and Zoning. Motion to approve the ordinance as written - Dillard; second - Hardin, carried with a unanimous roll call vote. D. CONSIDERATION OF AN ORDINANCE REPEALING IN PART SECTION 6-1(7) OF THE CODE OF ORDINANCES, RELATING TO FIRE ZONES Motion to approve the ordinance as written - Dillard; second - Hardin, carried with a unanimous roll call vote. E. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES BY AMENDING SECTION 11-2 RELATING TO THE ORGANIZATION OF THE LIBRARY BOARD The Library Board has recommended to the City Council that the organization of the board be amended to allow seven "regular" members. Currently the ordinance allows five regular members and two alternate members. It is the opinion of the board that it (board) would be more effective with a full seven member board, which is the same as other advisory boards in the city. Motion to approve the ordinance as written - Dillard; second. Hardin, carried with a unanimous roll call vote. 7. CONSIDERATION OF A FINAL PLAT ON A 19.468 ACRE TRACT LOCATED AT THE NORTHEAST INTERSECTION OF STATE HIGHWAY 121 AND F.M. 423/MAIN STREET, AS REQUESTED BY COLONY PLAZA ADDITION SHOPPING CENTER Mr. Chavez said a preliminary plat on this property was approved by the council at the November 6, 1995 meeting and P & Z recommends approval of the final plat for Colony Plaza Addition subject to certain stipulations. The applicant has indicated they have no objections to staffs stipulations and a revised plat will be submitted incorporating those stipulations. Mr. Smith said staff has contacted Mr. Ferrara (consultant on the 121 Corridor overlay) regarding this development and it is line with his recommendations. Motion to approve the final plat as recommended - Dillard; second - Heiman, carried with a unanimous roll call vote. 8. CONSIDERATION OF A SITE PLAN OF A 14.853 ACRE TRACT LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF STATE HIGHWAY 121 AND F.M. 423/MAIN STREET, AS REQUESTED BY COLONY PLAZA ADDITION SHOPPING CENTER Mr. Chavez said P & Z recommends approval of the site plan for the Albertson's Grocery Store, subject to all staff stipulations. The additional stipulations and amendments are a result of mutual agreement between P & Z and the applicant. Motion to approve the site plan as recommended - Longo; second - Dillard, carried with a unanimous roll call vote. 9. CONSIDERATION OF AN ORDINANCE GRANTING A NONEXCLUSIVE FRANCHISE TO COMMUNICATIONS SERVICES, INC., FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A CABLE SYSTEM IN THE CITY OF THE COLONY, TEXAS Staff and council have been negotiating the terms of the new franchise agreement with TCI Cable Co., for the past several months. This agreement is based on those negotiations and FCC regulations. Mr. Smith said TCI has worked to improve the Channel 6 public access broadcasts, and once this is approved they will be making more 0 t/b 8 8,.';/ improvements. General discussion followed regarding current and future programming. JoAnn Holzdaw, representing TCI, fielded questions from the coundl and the audience. Mayor Manning stated "I've got an additional question as you probably are aware because I believe 3.17(c) was added as a result of my questions. My request was that TCI provide us with the engineering expertise to make certain that our audio quality is adequate and not offensive, that we can listen to it as easy as we can other channels. The paragraph says that the equipment that you all are providing it will be up to FCC standards. All I want from you is a statement saying you will make sure that you will draw upon your knowledge in the company to make certain our audio that leaves this building, will be of the kind of quality we want. Ms Holzclaw said yes, we will be happy to work with you. Mr. Smith said you will be doing some upgrading with your equipment. If at that time we wanted to do some minor modifications to the equipment that we recommended, we could do so and focus on that in particular. A technician from TCI said they made some adjustments two weeks ago that should have corrected the problem, but will continue to work with the city to make improvements. Motion to approve the ordinance as written - Heiman; second - Hardin, carried with a unanimous roll call vote. 10. RECEIVE AND CONSIDERATION OF A PRESENTATION REGARDING THE PROPOSED CONSTRUCTION OF A LAB BUILDING AT THE WASTEWATER TREATMENT PLANT At a previous meeting, the council rejected all bids received for the construction of the above named building. Staff and consultants recommend using a Construction Manager to oversee the construction of this building. Art Phelps, architect, said his firm has completed several projects for Frisco and McKilmey using a construction manager. He said they have used James Walker, the recommendation for this project and have been very satisfied. Mr. Walker is a resident of the Colony. The fee can be either fixed or a percentage and can be set by the council. Mr. Smith said the location of the building and the layout of the roadway have been discussed and to get the best use of this land, a request to move the location may be made. If so, soil and compaction tests will be done to ensure a good product. Motion to approve staff recommendation and move ahead with the construction of the lab building in an amount not to exceed $75,000.00 - Watts; second - Dillard, carried with a unanimous roll call vote. 11. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF AN EMERGENCY MEDICAL CARE VEHICLE AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Bids for an ambulance were received and opened publicly on October 12, 1995 as follows: McCoy Miller Corp. $87,104.00 Base Bid Professional Ambulance Sales & Service $82,140.00 Base Bid Taylor Made Ambulances $76,575.00 Base Bid Chief Van Morrison introduced the Fire Department staff members who worked on this project; David Deslauriers, Dan Baas and A1 Williams and commended them on their efforts to ensure we made the right decision. The old ambulance will be retired and should be auctioned. McCoy Miller Corp. is the only bidder who provided the adequate product liability. Motion to accept the bids and award the contract for the purchase of an ambulance to McCoy Miller and to approve an ordinance authorizing contract for same. Hardin; second - Longo, carried with a unanimous roll call vote. 12. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES BY AMENDING DIVISION 2 RELATING TO ABANDONED AND JUNKED MOTOR VEHICLES Motion to postpone until December 4, 1995 to allow for further staff review - Hardin; second - Dillard, carried with a unanimous roll call vote. 13. RECEIVE AND CONSIDERATION OF A RECOMMENDATION BY THE CITY MANAGER REGARDING THE ACQUISITION OF A NEW TELEPHONE SYSTEM FOR CITY FACILITIES Mr. Smith said he and staff have been negotiating with Southwestern Bell Telephone Co. regarding the installation of a new phone system throughout city facilities. The existing system at City Hall and other buildings is outdated and has been outgrown. A recent '~ousy check" was done by Southwestern Bell and it was discovered that many times when a caller gets a busy signal at City Hall it is because the system has "frozen up", not because the line is in use. Ms. Rosalie Caltagrone fielded questions from the council and explained how the new Plexar system will not only improve the telephone service, but will save the city money on it's monthly bills. The city received a settlement from the phone company of approximately $235,000 in credit to be used for this purpose. Southwestern Bell offers several diScount options on the credits that we received: 30% = $235,000 coupon value; 49% = $164,000 coupon value; 50% = $177,000 coupon value; and 60% = $94,000. Staff recommends the 60% option. This would leave a portion of the credits available for use at a later time and would mean the city would need to pay only $28,040 of the total amount of $70,100. for the system. Tony Johnston said $12,713 can be taken from the 1995-96 budget and the balance of $15,327 can be paid in the 1996-97 budget year. Mr. Smith commended Ms. Betty Phillips for the tremendous amount of time and effort put into this project. Ms. Caltagrone also praised Ms. Phillips for her complete cooperation. OUb88, Motion to authorize the purchase of the phone system using the 60% discount and to designate the City Manager, City Secretary and Finance Director as signatories on the documents - Dillard; second - Watts, carried with a unanimous roll call vote. 14. DISCUSSION AND CONSIDERATION OF A REQUEST TO HAVE COUNCIL MEETINGS OPENED WITH A PRAYER Councilmember Hardin - Becky Betancourt had done some calling around and I myself had called some different courts and different representatives around our state and there are several institutions, the House of Representatives, Commissioners Court, the Senate, Supreme Court, they're the only ones I see on this list that don't open with a prayer but they do use sayings such as God save the court, so I thought that it would still be beneficial to our city if we would stick with a Judeo/Christian prayer before council meetings. So I would just like to open that up for discussion again. Councilmember Heiman - As we discussed some time back I think it is a good idea too that we open our sessions with a prayer. The problem I have and probably a couple of other people have, is limiting it to Judeo/Christian prayer or any particular kind of prayer. This should be an issue that brings us all together, not something that divides us along our cultures or individual faiths or denominations or something like that. So to the extent that we can encourage multi- spirituality in a reflection of that sort of thing, I am for this to the extent that we won't mandate it to Hindu, Buddhist, Christian, or any specific type of prayer, then I am open to that. Councilmember Dillard - There are two basic ways we can look at doing this thing. We don't have a chaplain and we probably don't need a chaplain. We can share in the duties of having a prayer, some councils do that, and share it between the council people and it is alternated about. We have a number of people here, and we can each take a mm doing it. Or we can request that the various religious factions of the city, the churches of the city, if they would like to be involved and have their ministers come forward and lead us in prayer at council meetings. That would take a letter going out and response coming back, that wouldn't be a problem of coordination. That is one way of putting them to use. Probably the best bet if we are going to do as Council person Hardin has suggested, and I feel about the same way, basically we do it ourselves, that way we have someone here all the time that's going to alternate those particular duties, if that's what the council wants to do. Mayor Manning - My feelings on it are much like Councilman Heiman's. I am a Christian person however, I think that because this is a governmental body we have to be very careful that we don't do anything that smacks of exclusivity due to the fact that we do have separation of religion and government. I would like to see us provide the community the ability to bring prayer to the council. There are a lot of people who are not comfortable with public prayer, I'm one of them. I find it to be a very private thing and I have some difficulty in public speaking, as you are probably well aware. I would like to see it be a combination and have the Deputy City Secretary keep a calendar and allow anyone who is interested to come up and do so. That would be my recommendation, including the council. Councilmember Dillard - Let me ask you a question on your thoughts. Are you saying that we should seek out the churches in our community which include all the churches? Or we should go to one who steps forward. I think if we go to whoever steps forward, we won't get the response we want. Mayor Manning - My feeling is that if we have a calendar and those on council who are interested in doing this sign up for it and provide for input from the community as well if they choose to come forward. I think it would satisfy my desires. I don't know that I am necessarily interested in going out and soliciting anyone but make that available to them if they so desire to come to us to open our session with prayer. Other than that, take volunteers from the council. Councilmember Heiman - I would like to make a motion that we follow your recommendations, I agree with that as well and that we allow anybody from the public or the city council to open the session with prayer. Motion to schedule councilmembers first and then members of the community to open council meetings with a prayer - Heiman. Councilmember Longo - Can I make an amendment to that? That we send an invitation to all the church leaders in The Colony (Heiman - what about synagogue leaders, mosque leaders? We don't have those now but we could.) I feel we should send an invitation to all the leaders in the community, tell them what we would like to try and do here in the council. Mayor Manning - I don't think we're going to hide anything, our intent is not to hide anything. If we did send a one time mailing out (Longo - it's only a courtesy), I don't know how hard it's going to be to determine who all the religious bodies are. That's the biggest concern that I've got. Councilmember Dillard - Aren't most of them in the phone book? Councilmember Longo - They're in The Colony Leader. City Manager Johnny Smith - I agree with wanting to make contact. I would be afraid of forgetting or overlooking someone. If we could make some kind of general invitation through the media and on Channel 6, that way we wouldn't accidentally overlook anyone. That's an option to look at. I don't disagree with what you are saying, I just think that if we miss one we might hurt someone's feelings. So a general invitation and ask for input back. Councilmember Hardin - I just want to make myself perfectly clear. I'm not looking to step on anybody's toes. I think that I have already made the statement before, I'm not looking at any other religions as better or worse or anything else. I do want to pull us back to the type of religion that this country was founded on. That's what I'm looking for. I know that there are other religions out there, I know that they are recognized. I'm not trying to say that they are not. I'm just trying to stick with the religion that this country was founded on. If I were to go over to another country and ask this same thing that did not have this type of religion as an overall religion, I would expect that same kind of response for anybody else. I did receive at least one phone call calling me all kinds of names because I'm willing to stand up for this and I really do not wish to contact the different types of churches in our area. I would like to keep it where we contact them. And I would like to be that spokesperson if allowed, instead of the Deputy Secretary and line up different people on that calendar you would like to do. But not to include everybody because I think the people who contacted me probably wouldn't want to be recognized anyway. But just to keep it on this country's main religion. Councilmember Heiman - I just want to remind you that I have made a motion in regards to your recommendations and am awaiting a second. It is important to me that the Mayor's recommendations that we allow anybody on the city council or the public to open the session with a prayer, we don't discriminate against anyone who wants to come forward, we as council members will be free to go out and seek anyone who we wanted to invite to open our council sessions with a prayer, we generally make it open and available to everybody. I think Mr. Smith's recommendations are wise as well, we don't try to send a personal invitation to everybody because we probably would leave someone out, but we let it be known through the media and channel 6, whatever is reasonable that we do invite people to come here and open with a prayer and we express that we do not discriminate against anyone or any faith. Councilmember Watts - Is that limited to residents of The Colony? Councilmember Heiman - Can anyone speak before Council, even if they-re not residents of The Colony? Mr. Smith - My request is please don't ask me or my staff to discriminate against any religion. Unless you give me a direct order, I will not. Mayor Manning - That's why I think it will be better if we took request rather than asking for them. Councilmember Longo - Since I made an amendment, I want to withdraw it so that Councilman Heiman's motion stands alone. Mayor Manning - Is there a second to that motion. It has not been seconded at this point in time. Longo - I'll second it. Mayor Manning - Is there further discussion on the motion? Ms Hicks please poll the council. Longo - aye Watts - abstain Hardin - No Dillard - No Heiman - aye M_anning - aye The motion carried. Mayor Manning - I think that my original comment was that the Deputy City Secretary or someone within the staff take the calendar. I don't know that anyone has a problem with you (Ms Hardin - clarification added) doing the calendar if that's what you prefer to do. Would that be acceptable to you Ms Hicks? City Secretary Patti Hicks - Of course. Councilmember Longo - I like the way the Supreme Court does it. They say God save the court and that's it. So you turn around and say God save the City Council without trying to be funny. 15. RECEIVE REPORT FROM CITY MANAGER REGARDING BICYCLE AND PEDESTRIAN SAFETY IN THE CITY Mr. Smith gave a report advising the council and citizens of on-going activities in the Police Department to improve bicycle and pedestrian safety. He said the key is to educate the bicyclists regarding rules. Officer Brockway is planning a safety program. We need to get LISD to cooperate in educating the children on bicycle safety. Part of our safety program will an inspection on bicycles to ensure they are safe to ride. The objective is to prevent injuries and accidents. Most accidents happen on the sidewalks and most people don't know that the State law says bicycles should not be ridden on sidewalks, but they should be ridden in the street. 16. CITY MANAGER AND STAFF REPORTS 1. Ordinances to be reviewed in the near future: * Parking of vehicles for sale in private parking lots, abandoned/junked vehicles * Animal Control - Committee is reviewing * Tobacco sales to under age persons * Firearms in public places * Sign Regulations * Landscape Requirements * Tree Trimming requirements * TML Retirement Plan * Grease Trap requirements 2. The proposed use of the Denton County Government Center as the Senior Citizen center will be on the December 18, 1995 agenda. 3. The Wynnewood 'Golf Course project is still being reviewed by the EDC. We are waiting for a response from the private sector before we can go on. A recommendation from the EDC will be on the December 18, 1995 agenda. 4. 121 Corridor Development Standards will be on the P & Z work session agenda for November 28, 1995. 5. Recycling Survey was prepared by the Recycling committee and distributed to each house. The information requested is for the committee's use in determining needs. 6. Texas Waste Management has filed for the annual increase. We will discuss this at a January council meeting with action in February. 7. National League of Cities - Johnny Smith and Patti Hicks will be attending this conference next week and with council permission will serve as voting delegates. The coundl agreed. 8. Legal fees - This is a budgeted item and needs to be controlled. There have been a few instances when board members have called the city attorney. Any requests from board members should be made to the staff liaison, the city manager or the city secretary. The City Attorney will be advised not to accept calls from board members. 9. Councilman Heiman asked about a complaint from Mrs. Nye. Mr. Smith said he will be responding to her. 10. There has been no further information on the status of the Billingsley property. 11. Patti Hicks announced that interviews for board .appointments will be November 27, 1995 beginning at 6:30 and anyone interested should contact city hall. 12. Tony Johnston reported the city depository contract with First State Bank expires December 31, 1995. Since there is another bank in town now, we will be going out for RFP's. First State Bank has agreed to extend our existing contract until March 31, 1996 to allow us time to go through the RFP process. 13. Mayor Manning, an alumni of the University of Texas at Austin, challenged Johnny Smith, an alumni of Texas A & M, stating the loser of the game between these two teams on December 2, 1995 has to wear the cap of the opposing team at the December 4, 1995 council meeting. Mr. Smith accepted and stated further that the loser should donate $25.00 to Kids Colony. Mayor Manning accepted this part of the challenge. Let the games begin! 10:20 p.m. Recess into executive session 17. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.072 OF THE LOCAL GOVERNMENT CODE RELATING TO LAND ACQUISITION AND SECTION 551.074 OF THE LOCAL GOVERNMENT CODE RELATING TO PERSONNEL, TO-WIT: A. RIGHT-OF-WAY ACQUISITION FOR THE EXTENSION OF F.M. 423/MAIN STREET TO JOSEY LANE B. RECEIVE UPDATE FROM'CITY MANAGER ON POSITIONS OF POLICE CHIEF, PUBLIC SERVICES DIRECTOR AND OTHER PERSONNEL -t, 0088 11:23 p.m. R¢conven¢ into open session. 18. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE EXECUTIVE SESSION A. RIGHT-OF-WAY ACQUISITION FOR THE EXTENSION OF F.M. 423/MAIN STREET TO JOSEY LANE Motion to authorize the city manager to sign the presently unsigned settlement agreement reached with Mrs. Lord in the mediation session which occurred on November 13, 1995 in our city attorney's law offices, which concerned our purchase of the right of way necessary to extend our Main Street to Josey Lane in Carrollton - Heiman; second - Longo, carried with a unanimous roll call vote. B. RECEIVE UPDATE FROM CITY MANAGER ON POSITIONS OF POLICE CHIEF, PUBLIC SERVICES DIRECTOR AND OTHER PERSONNEL Motion to authorize the city manager to create the position of Building Official with the requirements and funding of the salary to be brought to council at a later date - Dillard; second - Heiman, carried with a unanimous roll call vote. With no further business to address, Mayor Manning adjourned the meeting at 11:28 p.m. APPROVED: William W. Mam~in~ ATFEST: Patti A. Hicks, TRMC, City Secretary