HomeMy WebLinkAbout12/23/1996 City Council MINUTES OF THE CITY COUNCIL MEETING
HELD ON
SEPTEMBER 23, 1996
The Work Session of the City Council of the City of The Colony, Texas was called to order
at 7:00 p.m. on the 23rd day of September, 1996, at City Hall with the following Council roll
call:
William Manning, Mayor Present
Bill Longo, Councilmember Present
Mary Watts, Councilmember Present
David Stanwick, Councilmember Present
Wilma Avey, Councilmember Present
John Dillard, Councilmember Present
Dave Kovatch, Councilmember Present
and with seven present, a quorum was established and the following items were addressed:
1. CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO ENTER
INTO A LETTER AGREEMENT WITH CROW-BILLINGSLEY
DEVELOPMENT COMPANY ACKNOWLEDGING THE CITY'S ASSESSMENT
AUTHORITY WITH RESPECT TO CERTAIN PUBLIC IMPROVEMENTS
Johnny Smith stated the council had previously authorized an appraisal on the
railroad right-of-way, located on the Billingsley property, needed for the extension of
Windhaven Parkway. The appraisal has been received and now it is time to move ahead
with this project. Mr. Billingsley has presented the City with a letter agreeing that his
company will be responsible for all costs involved in acquiring the r.o.w, from Burlington
Northern Railroad, and acknowledging the city's assessment authority.
Councilman Stanwick asked how the discussions with the railroad had gone and Mr.
Smith advised there is still hope for mediation. Mike Griffin is working on this project for
the city. Councilman Stanwick asked if we can exchange the existing crossing for the new
one and Mr. Smith said that may be part of the mediation. He said he would prefer not to
go into much detail since the attorneys are mediating this matter. Mr. Smith noted that the
existing crossing has never been closed.
Motion to acknowledge receipt of the letter agreement from Henry Billingsley - Avey; second
- Longo.
City Attorney Pete Eckert, advised that is the proper motion. Councilman Kovatch
asked if that means the same thing as accepting the letter and Mr. Eckert said it does.
Motion carried with all members voting Aye.
2. CONSIDERATION OF APPROVAL OF A RESOLUTION FINDING A PUBLIC
NECESSITY FOR THE ACQUISITION OF RIGHT-OF-WAY FOR THE
EXTENSION, CONSTRUCTION AND IMPROVEMENT TO WINDHAVEN
PARKWAY AND AUTHORIZING THE ATI'ORNEY FOR THE CITY TO
INSTITUTE EMINENT DOMAIN PROCEEDINGS, IF NECESSARY
Mr. Smith advised this is the legal step needed to begin the eminent domain
proceedings with regard to the right-of-way for the extension of Windhaven Parkway.
Motion to approve the resolution, authorizing the attorney for the city to make a final offer
not to exceed the appraised value of the property - Kovatch; second - Dillard, carried with
all members voting Aye.
WORK SESSION ITEMS:
These items have been placed on the agenda for discussion at the request of
Councilman Kovatch, Councilman Avey and Councilman Stanwick.
3. DISCUSSION REGARDING CITY COUNCIL MEETING PROCEDURAL
CHANGES
A. Process for selection of agenda items - Councilman Avey said she would like to have
the council packets prepared by the Monday prior to the council meeting so she can have
more time to review the information. Lengthy discussion followed regarding when packets
should be prepared to give the most benefit to the council and also to expedite city business.
Mr. Smith and Ms. Hicks explained the current procedures and why the timing works well.
They also explained how items get placed on the agenda, who can pull an item and who can
ask for an item to be placed on an agenda. The existing resolution sets out the guidelines
for preparation of the agenda and when the packets will be prepared. After further
discussion, Councilman Avey asked if any of the council would like to see the packet on
Monday. Councilmen Longo, Dillard and Mayor Manning want it to stay as it is.
Councilman Kovatch would like to see it earlier and Councilman Watts has no problem with
the packet being prepared on Thursday, but is concerned when items requested to be placed
on an agenda do not show up. Consensus was to leave the packet preparation procedure
as it is. Large, complicated or potentially controversial documents and information will be
made available to the council as early as possible to allow plenty of time for review. The
City Secretary will draft a form for the council to use to request an item be placed on an
agenda.
B. Action Item Review - Councilman Kovatch said he would like the council to take
time at the end of each council meeting to talk about who is responsible for action items.
After discussion, the council directed the City Secretary to verbally summarize the action
to be taken, etc. at the end of each agenda item.
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C. Council Action Request - Councilman Kovatch said with the implementation of the
new software program, Citizen Contact and Response, in the City Secretary's office, this
item may be taken care of. Ms. Hicks reported the program was implemented and
September is the test month. She will report in 30 days how the program is working.
D. Mayoral voting/input
Councilman Kovatch suggested that the charter be changed to require that the Mayor
vote only in case of a tie. Councilman Avey would prefer that the Mayor refrain from
stating that he is going to vote 'yes" or "no" on an issue before the vote is taken. Mayor
Manning advised the Charter requires the Mayor to vote and have input on each item and
asked why she does not want him to have input. Councilman Avey said she thinks it could
sway the votes of the other councilmembers. There was a discussion regarding the manner
in which votes are taken, i.e., roll call vote, "all in favor", voting system, etc. It was
suggested that the order in which the council votes during a roll call vote be switched from
time to time.
E & F. Consent Agenda
Councilman Kovatch said he does not want things that have never come before
council before to be placed on the consent agenda. Mayor Manning asked if the items listed
in the Resolution are acceptable. All agreed they are, but Councilman Kovatch said it is
not appropriate for the budget to be placed on consent, even though it has been discussed
previously. Councilman Avey noted that according to the Resolution, a roll call vote is
required on the consent agenda. It was agreed the Resolution should be amended to
remove that requirement. Lengthy discussion regarding the ability of any councilmember
to pull any item from the consent agenda for discussion.
Mayor Manning presented a proposed amendment to the Resolution to allow for an
automatic abstention to be noted in the minutes when a councilmember was absent from
the meeting at which the minutes being voted on were taken. This would negate the need
to pull the minutes from the consent agenda for the purpose of a councilmember abstaining.
All agreed with this proposed amendment.
G & H. Citizen Input/Mayor's Duties & Responsibilities during meetings
Mayor Manning presented proposed amendments to the Resolution with regard to
citizen input. After lengthy discussion all but one of the proposed amendments were agreed
to by council. One portion of the Mayor's proposal would have required persons wishing
to speak to fill out the proper form prior to the meeting. He said he is in favor of allowing
citizens to speak but he does not believe they should be allowed to become involved in the
deliberations of the council. The rest of the council disagreed ~d stated that anyone
wishing to speak, even during council deliberation should be allowed to do so and the
councilmembers praised the Mayor for his methods in controlling council meetings. Mayor
Manning cautioned the council about placing too many restrictions on the office of the
Mayor, limiting his ability to control the meetings.
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Amendments proposed and accepted were as follows:
* Citizen input shah be placed on the agenda normally following the "Pledge of
Allegiance".
* Presentations will be limited to five minutes, however, the Mayor may allow
the speaker to continue if the information is of value to the discussion and does not unduly
prolong the meeting. A majority of council may allow a speaker to continue after the limit
is exceeded.
* The Mayor has the responsibility and duty to rule a speaker out of order if the
comments made are of a personal nature, or in any other manner disrupt the orderly
conduct of business by the council.
4. DISCUSSION REGARDING CARVER POLICY BOARD GOVERNANCE
Not discussed at this time.
5. DISCUSSION REGARDING THE CREATION OF A CITY BOARD TO
PROMOTE EVENTS AND/OR ACTIVITIES WITHIN THE CITY
Councilman Avey requested this item, and asked that a small budget be established
for the board. Councilman Dillard noted that no other committee or advisory board has a
budget. Lengthy discussion followed regarding the proposed purpose of this board. It is to
promote one large event in the city. The board would seek out events and present them to
the council. The council and city would support the event if feasible. Discussion regarding
the Parks & Recreation Board taking on this function. Pam Nelson, Parks & Recreation
Director, said the board would be interested in being involved, but not taking on the full
responsibility. Councilman Longo suggested contacting The Colony High School about
possible members to serve.
Joyce Fulco, 4712 Clover Valley, said the city could get free advertising from Texas
Highways magazine.
Councilman Stanwick said we need to let people know that the city will support and
work with groups to bring in events.
Mr. Smith said it appears everyone is in agreement that such a group is desirable and
suggested that he be allowed to put together a list of members from existing organizations
in the city to serve on a Blue Ribbon Committee for the purpose of planning such an event.
He noted there would be no budget for the group. Mr. Smith said he would send the list
to the coundl after he has had input from them and other sources. This will be presented
at the next council meeting.
6. DISCUSSION REGARDING THE CREATION OF A COMMITrEE TO
REVIEW GUIDELINES FOR PLACING INFORMATION ON THE PUBLIC
CABI ~E TEI ~EVISION CHANNEL 6
Councilman Watts said she wants more than just a scroll line on Channel 6 and
suggested that a committee be established to review the current guidelines and amend to ~
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expand the programming. The expanded programming could include church services, band
performances, football games, other civic and school activities. Most of these activities are
already on video tape and only have to be played. She suggested contacting the schools
for assistance.
Mayor Manning said to be cautious about opening this programming up to certain
groups, because we will have to open it to all groups. Mr. Smith said he has asked for this
before and got little response. He said currently there is only one channel available, but
after TCI upgrades, there will be two more. He said this will not be an easy task and that
it will take money and manpower. He agrees with the concept, but with only one channel,
we will run out of room quickly.
Chief Clark said at the present time, there are 18 pages available and they are full
with providing information. He said the police department hopes to air their crime
prevention program soon. He did say he would not want to place any more responsibility
on the dispatchers by asking them to broadcast videos.
Mr. Smith said this can be done from the cable room in the council chambers, but
we do not have people to do it. He said if a time can be decided on he can begin showing
such things as the football games and band performances, etc. Councilman Avey said she
wants all council meetings and all board meetings to be broadcast. Mr. Smith explained that
the broadcast of council meetings is done by volunteers and it would be hard to get enough
people to broadcast all the meetings. There does need to be a technician present to ensure
the equipment is operating properly. Councilman Dillard agreed, stating to do this right,
we need people and we need to publish a program.
Chuck Owens, Calvary Temple Church, said they are very interested in this type
programming and are willing to help with time and effort.
Mike Cart, Digital Magic Factory, said the council needs to form a committee, set
a strategy and move forward or not get involved in video at all. He said it is a journey, not
a destination and will require work.
Councilman Stanwick said the committee also will need to get with the City Attorney
to be sure of what we can and cannot do.
It was the consensus of council that Mr. Smith and Mr. Cart will work together to
investigate this matter and will bring back their findings to the council as soon as possible.
7. DISCUSSION REGARDING GOALS AND OBJECTIVES FOR THE CITY
MANAGER AND CITY SECRETARY/DIRECTOR OF ADMINISTRATIVE
SERVICES
Not discussed at this time.
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8. RECEIVE REPORT FROM COUNCIL COMMITIEE REGARDING GOALS
AND OBJECTIVES FOR THE CITY AS A WHOLE
Not discussed at this time.
Motion to adjourn - Dillard; second. Longo, carried with all ~nembers voting Aye.
With no further business to address, Mayor Manning adjourned the meeting at 10:10
p.m.
APPROVED:
William W. Manning, Mayor
ATTEST:
Patti A. Hicks,TRMC, CMC/AAE
City Secretary