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Home My WebLink About11/06/1978 City Council OO02?? MINUTES OF BOARD OF ALDERMEN OF THE CITY OF THE COLONY, TEXAS HELD ON NOVEMBER 6, 1978 A Regular Session of the Board of Aldermen of the City of The Colony, Denton County, Texas was called to order with the following members present: Sandra Shearer Mayor Pro Tern Glint Davis Alderman Linda A. Adams Alderman Gary Shipman Alderman and Mayor William J. Longo and Alderman Gene Pollard were not in attendance; however, a quorum was established. V MINUTES OF PREVIOUS COUNCIL MEETINGS Mayor Pro-Tern Shearer asked for a motion to approve the minutes of the Special Session held October 9, 1978. Alderman Shipman asked that on page three, the Resolution establishing charges for ambulance runs should be corrected to reflect $35.00 for the initial charge rather than $15.00. Alderman Shipman moved that the minutes be approved as corrected. Seconded by Alderman Davis, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Alderman Shipman also moved that minutes of the Regular Session held October 16, 1978 be approved as read. Seconded by Alderman Davis, the motion was carried by the following vote:- Ayes: All members present voted aye Noes: None ITEM I PUBLIC HEARING - LAND ANNEXATION PETITIONS Moving to New Business, Mayor Pro-Tern Shearer asked for a motion to open the Public Hearing on Land Annexation. Alderman Shipman so moved. Seconded by Alderman Davis, the motion was carried by the following vote: Ayes: All members present voted aye Noes: None Frank Graham, a representative of Fox & Jacobs, Inc., the petitioner for both land tracts, explained the location of the land. The first tract is located on the Stewart Creek Peninsula containing 209.935 acres contiguous and adjacent to the City of The Colony, Mr. Graham stated, and the second tract is located at the southeast corner of The Colony, containing 366.4065 acres of land contiguous and adjacent to the City of The Colony. Boundary Adjustment agreements on the respective tracts have been signed with the cities of Frisco and Hebron, Mr. Graham stated. Bob Brown, a member of the audience, asked if both tracts of land were included in the Lewisville Inde- pendent School District. Mr. Graham answered that they were in the LISD. There were no statements for or against this annexation. Mr. Dillard, attorney for the City, stated that the City should have copies of the ordinances passed by Frisco and Hebron authorizing The Colony to annex the respective land tracts. Alderman Shipman then moved that the Public Hearing be closed. Seconded by Alderman Davis, the motion was carried by the following vote: Ayes: All members present voted aye Noes: None ITEM II PUBLIC EARING - ZONING CHANGE REQUEST Mayor Pro-Tem Shearer asked for a motion to open the Public Hearing on a Zoning Change requested by Fox and Jacobs, Inc. Alderman Shipman so moved. Seconded by Alderman Davis the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Frank Graham, a Fox & Jacobs representative, presented the tracts and change in zoning requests, as follows: 1. A 3.90 acre tract located on the northeast corner of Paige Road and South Colony Blvd. to be changed from Residential to Office I (not to exceed two stories in height.) 2. A 4.136 acre tract located on the southeast corner of FM #423 and North Colony Boulevard to be changed from Residential to Shopping Cent er. 3. A 7.420 acre tract located on the northeast corner of FM~423 and NOrth Colony Boulevard to be changed from Residential to General Retail. Mark Crow, a member of the Planning and Zoning Commission, presented to the Council the minutes of the P & Z Public Hearing held November 2, 1978 and stated that the main concern of the citizens present was the appearance of these areas. The P & Z Commission did vote in favor of the zoning change requests and Chairman Harry Hunsicker did abstain from voting. Mayor Pro- Tem Shearer asked for a brief explanation of the term "General Retail". Mr. Crow explained that it was less restrictive then "Shopping Center." Bub Brown asked if these land use classifications comply with the proposed Zoning Ordinance. Mr. Crow stated that it did comply and added that the proposed Zoning Ordinance is ready to go to the Council. Alderman Davis noted that the work done by the P & Z Commission on this ordinance saved the City approximately $4,500.00 in consulting fees. There being no further questions or statements from the members of the audience, Alderman Shipman moved that the Public Hearing be closed. Seconded by Alderman Adams, the motion was carried by the following vote: Ayes: All members present voted aye Noes: None ITEM III CONSIDERATION OF APPROVAL FOR THE DEVELOPMENT ~ PHASE 4 Frank Graham, Fox & Jacobs presented a map showing the location of ~Phase Four to be west of FM #425 on the Stewart Creek Peninsula and a preliminary plat showing the approximate 400 acres being developed into 1400 residential lots with areas allocated for a fire station, commercial development, mini parks, school and church sites, and a small lake on the south side to be created by Fox & Jacobs by connecting three existing tanks. This area wi!l incorporate Sections 24 through 30. Mr. Graham told the Council that the final plat on Section #24 should be presented to the Council for approval in the first quarter of 1979. After discussion, Alderman Shipman moved that the Council approve Phase 4 for development with the stipulation that F & J work with the City in determining the best location for a Fire Station in this area. Seconded by Alderman Davis, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None ITEM FOUR CONSIDERATION OF RESOLUTION GIVING CONSENT FOR LAND WITHIN THE CITY LIMITS OF THE COLONY TO ENTER THE COLONY MUNICIPAL UTILITY DISTRICT Claudia Harwell, Assistant to the District Manager of the Municipal Utility District, stated that in preparation for their second bond issue, Mr. Tart, bond attorney for the Utility District, recommended that their files be updated to include a Resolution from the City giving consent to annex the following three areas into the M.U.D.: 1. 237 acres annexed in on January 20, 1977 which includes the presently developed Sections 11,12,13, 14, and 14A. 2. 8.7265 acres annexed in May, 1977, being a strip of land running adjacent to FM #423 to provide service for the SouthWestern Bell Switching Station located in Eastvale. 3. 2.066 acres annexed in April, 1977 which was a tier of lots in Section 14 that was omitted from the land annexed in January 20, 1977. Mr. Dillard stated that there was no legal problem for the City in this procedure. 0002?9 There followed discussion concerning this procedure, the annexation of areas by M.U.D. outside of the City limits, i.e., SouthWestern Bell Switching Station, Pizza Inn and Larry's Restaurant, a small undeveloped tract next to SouthWestern Bell, and the Northrupp property located west of Phase 4 on the Stewart Creek Peninsula. Alderman Adams resolved that the City give consent for the 2.57 acre tract to enter The Colony Municipal Utility District for water, sewer and/or refuse pick up. Seconded by Alderman Shipman, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Alderman Adams resolved that the City give consent for the 8.?265 acre tract to enter The Colony Municipal Utility District for water, sewer, and/or refuse pick up. Seconded by Alderman Shipman, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Alderman Adams resolved that the City give consent for the 2.066 acre tract to enter The Colony Municipal Utility District for water, sewer and/or refuse pick up. Seconded by Alderman Shipman, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Alderman Shipman stated that in a meeting with the City Council, the M.U.D. Board agreed to discuss all land to be annexed into the Utility District. Mrs. Harwell answered that she was unaware of this, but it would be noted. ITEM FIVE CONSIDERATION OF M.U.D. BOND CONSTRUCTION PROJECT. Terry Millikin, representing the engineering consultant firm of Riewe and Wishemeyer presented the following construction projects to the Council for their review and approval: 1. West Transmission Line 2. 1.5 MGD STP #2 Expansion 3. Master Lift S~ation 18" Force Main 5. East Lift Station & Force Main 6. Northwest Trunk Sewer 7. West Trunk Sewer 8. S.W. Master Lift Station Trunk Sewer 9. S.W. Trunk Sewer 10. S.W. Trunk Sewer - West extension 11. Office Creek Trunk Sewer 12. Colony 9 Interceptor Mr. Millikin presented the location of the Water Improvement projects first. He stated that the ground storage reservoir is under contract and part of Phase "A". The west transmission line is under Phase "B" and will go for bid in the near future. The second map presented by Mr. Millikin showed the loca- tions of the sewer improvements. He explained that these construction projects were primarily necessary for development west of FM #423. Alderman Davis asked if Eastvale had given the district authorization to run major water and sewer lines through their city. Mr. Millikin answered that they' did agree because they felt these lines could benefit their City in the future. Alderman Shipma~ asked what was M.U.D. 's present bond indebtedness? With this five million dollar issue, their indebtedness is twelve million dollars, stated Mr. Millikin. There followed a lengthy and detailed discussion regarding the twenty-five million dollar bond approval, availability of water for the proposed 5700 con- nections, and how M.U.D. proposed to serve the Northrupp property when developed into an estimated 600 residential lots. Alderman Davis objected to M.U.D. ob- ligating the citizens of The Colony to pay $100,000 of the $150,000 total cost of the oversize line to service the Northrupp land. Mr. Millikin said that this area could not be serviced economically after Phase ~ is developed and the M.U.D. Board was of the opinion that this land would eventually be annexed into the City. Alderman Shipman also questioned the feasibility of this $100,00 expenditure. -3- After further discussion, Alderman Adams moved that the Council authorize Tom Hart to write a letter of consent on the twelve construction projects and that all permit fees be waived but permits must be obtained and the City reserves the right to inspect said projects. Seconded by Alderman Shipman, the motion passed by the following vote: Ayes: Alderman Adams, Shipman and Mayor Pro Tern Shearer Noes: Alderman Davis ITEM SIX CONSIDERATION OF THE USE OF CONSULTANT SERVICES TO STUDY THE LONE STAR GAS RATE INCREASE REQUEST. Alderman Davis moved to table this agenda item for further study. Seconded by Alderman Shipman, the motion was passed by the following vote: Ayes: All'memberS present voted aye Noes: None ITEM SEVEN CONSIDER AUTHORIZATION TO PURCHASE RADAR EQUIPMENT Mr. Hart asked for Council authorization to purchase one used and one new radar unit for the budgeted amount of $2,485.00 for one radar unit. Mr. Hart stated that Chief S%einsiek feels that both units can be effectively used by the Police Department, but two units are not a necessity. Alderman Davis stated that he objected to the way Chief Steinsiek handled this situation and the subterfuge used by the Chief in his presentation to the Council. However, if only one unit was approved by the Council, the City would have to return the new unit, Mr. Davis stated. Alderman Shipman agreed with Alderman Davis but felt that two radar units could be used effectively by the Police Department. Alderman Davis moved that the City purchase 2 radar units from M.P.H. Industries at the cost of $2,~85.00. Seconded by Alderman Shipman, the motion was carried by the following vote: Ayes: Mayor Pro-Tem Shearer, Alderman Davis and Alderman Shipman Noes: Alderman Adams ITEM EIGHT_ CONSIDER AUTHORIZATION TO SELL AMBULANCE. Mr. Hart stated the Fire Chief Chuck Kimberling recommendedthat the suburban ambulance be sold. After a brief discussion, Alderman Davis moved that the Council authorize Tom Hart to sell the suburban ambulance. Seconded by Alderman Shipman, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Mayor Pro-Tern Shearer announced a brief recess and stated that the meeting wou/~ be reconvened at City Hall. ITEM NINE APPROVAL OF BILLS Mr. Hart presented the bills over $50.00 to be approved for payment. After discussion, Alderman Adams moved that the bills be approved, excepting the two General Telephone bills, the Southwestern Bell Dallas line bill, and Continental Office Supply. Seconded by Alderman Shipman, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None ITEM TEN RECEIVE ADMINISTRATOR'S AND COUNGIL STATUS REPORT Mr. Hart stated that the application for a FHA loan had been submitted and he recommended that the Council a~orize him to send letters to architects for ureliminary proposals on a Municipal facility. The Council agreed. 000281 Mr. Hart stated that Mro Dillard will represent the City at the P.U.C. pre- hearing scheduled for November £9, 1978. Mr. Dillard said that there was no need for qouncil members to attend. Alderman Shipman stated that if anyone would like to attend, they must pay their expenses. X CITIZEN INPUT Mayor Pro-Tem Shearer stated that prior to agenda item eleven which is an Executive Session, the Council would receive Citi~.en Input. Mary Hundt asked what was the status of the proposed Utility Committee which was originally suggested by Bob Brown, Alderman Adams answered that it was tabled due to a lack of response. Mr. Brown also explained that his suggestion was made at a time when he felt the previous Council was not addressing the utility pro- blems of the City adequately. Presently, Mr. Brown, explained, he feels that this Council is serving in the capacity of a Utility Committee. ITEM ELEVEN EXECUTIVE SESSION At this time, Mayor Pro-Tern Shearer stated the Council would meet in executive session dealing with personnel. Upon reconvening in Open Session, and thera being no further action to be taken by the Council, Alderman Adams moved, that the meeting be adjourned. Seconded by Alderman Shipman, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Mayor Pro-Tern Shearer adjourned the meeting at 10.'50 P.M. - Sandra Shearer Mayor Pro-Tern / Jakfi~ ' Carroll Cit~ySecretary