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HomeMy WebLinkAbout09/17/1979 City Council 000438 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS HELD ON SEPTEMBER 17, 1979 A REGULAR MEETING of the City Council was called to order with the following members present: Richard Turner Mayor William J. Longo Councilman Linda A. Adams Councilman Gary Shipman Councilman Chris Fabian Councilman and with Councilman Shearer absent due to a family emergency. However a quorum was established. 1. APPROVAL OF MINUTES Councilman Fabian moved to approve the minutes of the Regular Session held on September 4, 1979 and the Special Session held on September 9, 1979. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Councilman Adams did abstain from voting on the minutes of September 9, 1979 as she was not in attendance. 2. CONSIDERATION OF PETITION BY COLONIAL BAPTIST CHURCH TO BE ANNEXED INTO THE CITY LIMITS OF THE CITY OF THE COLONY Janice Carroll, City Secretary, presented to the Council a petition for annexation from the Colonial Baptist Church, The Colony, a Corporation. Mayor Turner recognized Rev. Jimmie Wallace, who stated that the only concern of the church was the widening of Paige Road and an approach for the church's driveway. Joel Larkin, Fox & Jacobs Incorporated, stated that there would be a curb cut for their drive. The Council expressed their concern regarding the legal aspect of exempting the church from payment for the widening of Paige Road. It was decided that the staff would provide a legal opinion on this matter prior to the preparation of an annex- ation Ordinance. Councilman Fabian then moved to accept the petition for annexiation from the Colonial Baptist Church, The Colony, a Corporation. Seconded by Councilman the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 3. CONSIDERATION OF CONSENT OF THE CITY TO ALLOW LAND (COLONIAL BAPTIST CHURCH) INTO THE COLONY MUNICIPAL' UTILITY DISTRICT Mayor Turner read the following Resolution: TO: The Colony Municipal Utility District No. 1 of Denton County P.O. Box 996 Lewisville, Texas 75067 FROM: The City of The Colony SUBJECT: CONSENT OF CITY TO ALLOW LAND INTO THE COLONY MUNICIPAL UTILITY DISTRICT 000439 We the majority of the Council of the City of The Colony hereby, by Resolution, give our consent for property/land located at Exhibit "a" (legal description), owned by Colonial Baptist Church, The Colony, a Corpora- tion, to enter the Colony Municipal Utility District for sewer, water, and/or refuse pick-up. Councilman Longo moved to approve this Resolution. Seconded by Councilman Fabian, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 4. CONSIDERATION OF ACCEPTING BIDS FOR POLICE UNITS Mr. Hart, City Manager, asked for a motion to table this item. Councilman Longo then moved to table this agenda item. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 6. REVIEW AND STUDY OF PROPOSED MUNICIPAL BUILDING As Mr. Parkey was present, Mayor Turner moved to this agenda item. Mr. Hart stated that based on a December bond election date the following schedule would have to be followed: BOND SCHEDULE 16 Sept. 10th- 1) Start 2) Meet with Architects. Start reprogramming building. 3) Start work with Finan~ial_~d~i.sor 4) Talk with Attorney 5) Discuss contract with Architects 15 Sept. 17th- 1) Meet with Architects and City Council on preliminary programming and cost 14 Sept. 21st-24th- 1) Post Ordinance intering contract with Architect 1) First reading of Ordinance intering contract with Architect 13 Oct. lst- 1) Start Voter Education Community work 2) Second reading of Ordinance entering contracting with A~chitect 12 Oct. 4th- 1) Publish caption on contract::with-Architects 11 Oct. 22nd- 1) Projects and costs are set 10 Oct. 23rd- 1) Material is sent to Bond Attorneys 9 Oct. 26th- 1) Post Ordinance for calling on ~!ection 8 Oct. 29th- 1) First reading of Ordinance calling election 2) Voter Education starts 7 Nov. 5th- 1) Second reading of Ordinance calling election 2) Voter Education 6 Nov. 8th- 1) Caption published 5 Nov. 12th- 1) Voter Education 4 Nov. 19th- 1) Voter Education 3 Nov. 26th- 1) Voter Education 2 Dec. 3rd- 1) Voter Education 1 Dec. 8th- 1) Election Mr. Hart explained that citizens would work on the education process. He further recoLm~Lended that the Council award the contract to the firm of Thompson Parkey Architects if the Council does decide on a December election date. After a brief discussion 000440 regarding the background of this bond program and the use of solar heating, Mr. Parkey told the Council that with their imput he is prepared to work on the size of the Munucipal Building. Councilman Longo asked if he had looked into the possibility of an Emergency Operating Center funds. Mr. Parkey said that he had done this. There followed a lengthy and detailed discussion of the location of this building, the timetable for this process, and the choosing of an Architect. Some citizens were concerned that a December Election date would be rushing this process. Roosevelt Johnson, a member of the audiance, stated that he did not feel that the Council had adequate information, i.e., employee projections. After further discussion and citizen iDput, Councilman Longo moved that the Council discuss this matter at a Work Session on Monday, September 24, 1979. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 5. CONSIDERATION OF APPOINTMENT OF PARK AND RECREATION BOARD MEMBERS Janice Carroll, City Secretary, stated that she had invited present members and prospective members of the Park and Rec- reation Board to receive Council i~put as to what will be expected from the board this year. Councilman Fabian said that the Council did expect a strong coumLitment from this Board and a great deal of hard work. There followed a discussion of the Park Grant and a recreation program for the City. Councilman Longo asked that the people that are interested in serving on this board introduce themselves to the Council. The following citizens expressed a desire to serve on this board: Carla Rungaitis, Richard Frohardt, Dan Zekely, A1 Fischer and Dave Brown. Diane Kovar and Linda Salamone present board members were also in attendance. 7. CONSIDERATION OF PARK AND RECREATION GRANT After a brief recess, the Council proceeded to item seven. The Council was in agreement that the tentative approval of $189,580.00 should be allocated for two fields, two tennis courts, twelve picnic stations, restroom, and a dirt jogging/ bike trail. After a brief discussion, Councilman Longo moved to authorize Mr. Hart to go to Austin regarding this grant. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: Councilman Longo, Councilman Adams, Councilman Shipman Noes: None Abstention: Councilman Fabian Mr. Hart noted that while he is in Austin, he would check on the Personnel Grant and a possible Civil Defense Grant. 8. CONSIDERATION OF ORDINANCE REGULATING THE OPERATION OF BICYCLES IN THE CITY Chief Ristagno did recorm~end that this Ordinaance be approved by the Council. C~uncilman Longo- recommended that this Ordinance be incorporated i~to a bicycle safety publicity campaign. Mayor Turner, Tom Hart and Councilman Longo read the following captioned Ordinance in the entirety: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, PROVIDING DEFINITIONS; REGULATING THE OPERATION OF BICYCLES IN BUSINESS DISTRICTS OF THE CITY; PROVIDING FOR RESPONSIBILITY OF PARENTS 0O0441 OR GUARDIANS OF MINORS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SlIM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PRO- VIDING AN EFFECTIVE DATE. Councilman Adams moved to approve this Ordinance on first reading. Seconded by Councilman Shipman the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 9. CONSIDERATION OF ORDINANCE ESTABLISHING SCHOOL ZONES FOR PETER'S COLONY ELEMENTARY SCHOOL Councilman Longo read the following captioned Ordinance in it's entirety: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ESTABLISHING A MAXIMUM LAWFUL PRIMA FACIE SPEED LIMIT IN SCHOOL ZONES OF TWENTY (20) MILES PER HOUR; PROVIDING FOR SCHOOL ZONES ON NASH DRIVE FROM A POINT SIX HUNDRED FEET (600') WEST OF IT'S INTERSECTION WITH JOHN YATES STREET FROM A POINT FOUR HUNDRED AND TEN FEET (410') SOUTH OF IT'S INTERSECTION WITH NASH DRIVE TO THE POINT OF IT'S INTERSECTION WITH NORTH COLONY BOULEVARD, AND ON NORTH COLONY BOULEVARD FROM THE POINT OF IT'S INTERSECTION WITH JOY LANE TO ONE HUNDRED FEET (100') EAST OF THE POINT OF IT'S INTERSECTION WITH REGAN DRIVE BETWEEN THE HOURS OF SEVEN-THIRTY (7:30) A.M. TO NINE (9:00) A.M. AND TWO-THIRTY (2:30) P.M. TO FOUR (4:00) P.M. ON SCHOOL DAYS; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF ~qO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fabian moved to approve this Ordinance on first reading. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 10~ CONSIDERATION OF MINUTE ORDER REGARDING THE wIDENING OF F.M. #423 Mr. Hart told the Council that they did have nintey days to make a decision on this Resolution, and he recommended that they wait until they have more facts at hand. He asked if the Council felt it would be necessary to have a study made by a Traffic Engineer. Councilman Adams advised him to look into the costs. 11. CONSIDERATION OF HEALTH-LIFE INSURANCE PLAN FOR THE CITY OF THE COLONY Councilman Longo stated that he was of the opinion that our acting insurance agent should be present when this item is discussed. Councilman Longo moved to table this agenda it~em. Seconded by Councilman Fabian, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 12. CONSIDERATION OF SECOND READING OF ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR 1979/80 FOR THE CITY OF THE COLONY Mayor Turner read the following caption: 000442 AN ORDINANCE FOR THE CITY OF THE COLONY, TEXAS APPROVING AND ADOPTING A BUDGET FOR THE CITY FOR THE FISCAL YEAR OCTOBER 1, 1979 THROUGH SEPTEMBER 30, 1980; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET; AND DECLARING AN EFFECTIVE DATE. Councilman Fabian moved to approve this Ordinance on Second reading. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 13. CONSIDERATION OF A RESOLUTION ESTABLISHING PROCEDURE AUTHORIZING THE USE OF CONTINGENCY RESERVE FUNDS IN THE FISCAL YEAR 1979/80 Councilman Longo read the following Resolution: RESOLUTION WHEREAS, the City Council of The Colony has determined that it is in the best interest of the citizens of The Colony to es- tablish a Reserve for Contingencies in the budget for the October 1, 1979 to September 30, 1980 fiscal year. WHEREAS, the tax rate proposed by this City Council is 19¢ per $100 valuation, a prudent and fair tax increase, WHEREAS, the City Council is concerned that this reserve be used fairly and conservatively by the Municipal Government. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS Said Reserve for Contingencies in the amount of $60,891.54 in the 1979/1980 Fiscal Budget shall be appropriated for City use only by a two-thirds (2/3) vote of the City Council. This Resolution shall be binding to the Council serving from April, 1979 to April 1980, and shall not be binding to future Councils. Councilman Shipman moved that this Resolution be approved as read. Seconded by Councilman Fabian, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 14. CONSIDERATION OF RESOLUTION PROPOSING A TAX INCREASE AND CALLING PUBLIC HEARING ON SAME Councilman Longo read aloud the following Resolution: RESOLUTION WHEREAS, the City Council of the City of The Colony has passed by Ordinance a Municipal Budget for the fiscal year October 1, 1979 through September 30, 1980, WHEREAS, this budget provides an increase in services to the citizens of The Colony, WHEREAS, this budget provided funds for debt service on bonds approved by the citizens of The Colony on April 7, 1979, WHEREAS, this budget contains a reserve for contingencies which shall be used prudently if necessary 00O443 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY Said budget will require a nineteen cents (19¢) tax rate which represents a eleven per cent (11%) tax increase to the citizens of The Colony as established by the Tax Assessor/Collecter in accordance with House Bill 18. A Public Hearing will be held on September 28, 1979 to give citizens an opportunity to express their opinions for or against this increase. Councilman Adams moved that this Resolution be approved as read~ Seconded by Councilman Fabian, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 15. OTHER MATTERS THAT MAY COME BEFORE THE CITY COUNCIL Councilman Longo requested that the Council pass a Resolution proclaiming October 6, 1979 as "Children's Day'!. Councilman Shipman asked the status of the weed problem. Janice Carroll answered that Ronnie Howard had been issuing numerous weed violations and citations when necessary. Councilman Fabian suggested that the Council meet with City Departments on a quarterly basis. He also stated that he observed the Police Department oral board that was held on September 15 and complimented the professional manner in which it was handled. 16. EXECUTIVE SESSION - PERSONNEL There being no need for an Executive Session, Councilman Adams moved to table this agenda item and adjourn the meeting. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None at p . ~ Mayor Turner adjourned the meeting 11:15 .m. ATTEST: J~rf~ce~ Carroll ~ __  y Secretary