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Home My WebLink About10/22/1979 City Council 000468 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY, HELD ON OCTOBER 22, 1979 A REGULAR MEETING of the City Council of the City of The Colony was called to order with the following members present: Richard Turner Mayor William J. Longo Councilman Sandra Shearer Councilman Gary Shipman Councilman and with Councilman Linda A. Adams and Councilman Chris Fabian absent due to illnes; however, a quorum was established. 1. APPROVAL OF MINUTES Concerning the minutes of the Regular Session held on October 15, 1979, it was noted that on agenda item eight, Consideration of a Resolution to Widen FM #423, the motion to table was seconded by Councilman Fabian and Councilman Shipman did vote '~no" on the motion. Councilman Shearer then moved to approve the minutes as corrected. Seconded by Councilman Shipman, the minutes were passed by the following roll call vote: Ayes: All members present voted aye Noes: None 2. PUBLIC HEARING REGARDING ZONING CHANGE FROM INTERNATIONAL BUSINESS MACHINES INC., ON APPROXI~_TELY 450 ACRES FROM AGRICULTURE TO INDUSTRIAL CLASSIFICATION Councilman Longo moved that the Public Hearing be opened. Seconded by Councilman Shipman, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Mr. Robert Thomas, legal representative for IBM gave a brief presentation identifying the land and assuring the Council that this land would meet the same city requirements as the neighboring industrial land tract. Mr. Bradburry, Director of Community Development, added that IBM has agreed to preserve an existing tree line located on the north west corner of the property. No members of the audience spoke for or against this zoning change request. Councilman Longo then moved to close the Public Hearing. Seconded by Councilman Shearer, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 3. CONSIDERATION OF FIRST READING OF ORDINANCE ~4ENDING THE COMPREHENSIVE ZONING ORDINANCE Mayor Turner read aloud in its entirety, the following captioned Ordinance: AN ORDINANCE OF THE CITY OF THE COLONY~ TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY SO AS TO CHANGE THE PROPERTY DESCRIBED HEP~IN TO "I" INDUSTRIAL DIS- TRICT CLASSIFICATION; PROVIDING FOR SPECIAL CONDITIONS; PRO- VIDING FOR THE AMENDMENT OF THE ZONING DISTRICT ~iAP~ PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SU}4 OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. OOO464 Councilman Longo moved that Ordinance #80 be passed on first reading. Seconded by Councilman Shearer, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 4. APPOINT}lENT OF MUSCULAR DYSTROPHY CHAIRMAN Mayor Turner recommended that Sylvia Brantley be reappointed as Muscular Dystrophy Chairman for The Colony. Councilman Longo suggested that Mike Stuckey also be reappointed as Vice-Chair- man. Councilman Shipman moved to appoint Sylvia Brantley and Mike Stuckey as Chairman and Vice Chairman respectively. Seconded by Councilman Shearer, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 5. CONSIDEP~ATION OF CASTING VOTES FOR APPRAISAL DISTRICT BOARD NOMINEES As Mr. Weaver, a nominee, was unable to attend and no action was necessary Councilman Longo moved to table this agenda item for further information prior to voting. 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 DISCUSS CITY STREET LIGHTING Mayor Turner recognized Boyd Williams, District Manager of Texas Power and Light, and his associates Elvis Miller and Don Stevens to answer the Council's questions regarding street lighting. Councilman Shipman stated the sodium vapor lighting uses 43% less energy than mercury vapor and radiates 10% more light yet the monthly cost is $2.82 more than the less efficient mercury vapor. Councilman Shipman asked how this rate was justified by the Public Utility Commission. Mr. Williams stated that he did not have this information with him, but he could have this information by the next Council meeting. The Council did agree to have this on the November 5 agenda. 7. CONSIDERATION OF FIRST READING OF LAND ANNEXATION ORDINANCE A. SIX ACRES LOCATED WEST OF F.M, #423 OWNED BY MARVIN E. KENNING B. 2.91 ACRES LOCATED WEST OF F,M. #423 OWNED BY V. J. ETCHIESON Mayor Turner read the following captioned Ordinance in its entirety; AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID PROPERTY WITHIN SAID CITY LIMITS AND GRANTING ALL PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ACTS, ORDINANCES AND REGULATIONS OF SAID CITY; PROVIDING FOR THE EXTENSION OF THE EXTRATERRITORIAL JURISDICTION OF THE CITY; PROVIDING SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE OF SAID ORDINANCE. Councilman Shipman moved this Ordinance be approved on first reading. Seconded by Councilman Longo, the motion was passed 000465 by the following roll call vote: Ayes: Ail members present voted aye Noes: None 8. CONSIDERATION OF AUTHORIZING CITY ~iANAGER TO ENTER INTO A CONTRACT FOR ENGINEERING SERVICES ON SIGNALIZATION After a brief recess, Mayor Turner introduced Sayed Omar to present to the Council a proposal for a signalization study. The intersections concerned are at South Colony and Paige Road and at Blair Oaks and South Colony he stated. This proposal included establishing the need for signalization, such as traffic counts; prepare the specifications for the equipment and review all bids received by the City. There followed a discussion regarding when signals would be needed, how that need is determined, and what can the City do to control the traffic until signals are installed. The Council's i~fm~ediate concern was the intersection at Paige Road and South Colony when construction is completed. Councilman Longo requested a letter of opinion from the City Attorney regarding the City's authority to install a four way stop.. 9. CONSIDERATION OF RESOLUTION ON WIDENING F,M. #423 Sayed Omar advised the Council that Fox & Jacobs will pay for a study regarding the widening of F.M. #423 if the City would commit to this road improvement. Councilman Longo stated that he felt the Council needed more facts, particularly regarding costs, before a commitment could be made, After a lengthy discussion it was agreed that Sayed would provide the Council information on needs, design, costs, and financing and at this time the Council will consider a resolution of intent. Council- man Shearer moved to table this item until this information can be presented. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 10. DISCUSSION OF PROPOSED SPEED ZONE ORDINANCE Janice Carroll, City Secretary, advised the Council that Chief Ristagno was working and unable to attend, but that he did recommend the Council accepting the State Department of Highways and Public Transportation study determining a speed limit of 45 MPH for a distance of 0.206 mile on State Highway #121 at its intersection with FM #423. Councilman Longo objected stating that the distance was not adequate and could create a speed trap situation... Councilman Shearer moved to accept this study's recommendation and direct the City Attorney to prepare an Ordinance on same. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: Councilman Shearer and Councilman Shipman Noes: Councilman Longo 11. DISCUSSION OF MUNICIPAL b~INTENANCE AGREEMENT WITH HIG~AY DEPARTMENT After a brief discussion, the Council directed the City Attorney to review this proposed maintenance Ordinance. 12. CONSIDERATION OF DENTON COUNTY FIREFIGHTERS ASSOCIATION MUTUAL ASSISTANCE AGREEMENT I.R. Bradburry recommended that the City enter into this mutual aid agreement explaining that it is primarily for insurance purposes. Councilman Shearer moved to authorize I.R. Bradburry, Director of Community Services to enter into this agreement. After a brief discussion, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 13. CONSIDERATION OF AMENDMENT TO COUNTY AMBULANCE AGREEMENT The Council reviewed the following proposed amendment: "The Ambulance Service contracts be amended to reflect that if any incorporated area of the county that refuses to go into contract with the ambulance service serving their area for a reasonable amount can be refused service by that ambulance service and the county will not pay the ambulance service any subsidy for that incorporated area." which was recommended and approved by the Denton County Commissioners Court. Councilman Longo then moved to approve thiS amendment to Section two of this contract and authorize the Mayor to sign this agreement. Seconded by Councilman Shearer, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 14. DISCUSSION REGARDING AMENDING CITY ORDINANCE #33, ESTAB- LISHING A CITY VOLUNTEER FIRE DEPARTMENT Councilman Longo moved that this item be tabled until Council- man Fabian and ~r. Hart could be present to discuss this matter. Seconded by Councilman Shearer, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 15. REVIEW AND STUDY OF MUNICIPAL UTILITIES DISTRICT/CITY OF THE COLONY CONTRACT AGREEMENT The Council reviewed the contract which proposed that the City will provide maintenance service to the Municipal Utility District while tax assesment and collection services are provided to the City with no financial charges to either entity. Councilman Shearer was concerned that maintenance was not adequately defined. However, after a ~i.~f discusSion, the Council agreed that this contract was entered into by the Municipal Utility District in good faith and mutual cooper- ation, and the City should do the same. Councilman Longo moved that this contract be approved as written and the attorney be directed to draft an ordinance adopting same. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 16. CONSIDERATION OF SECOND READING OF ORDINANCE #77, LEVYING AD VALOREM TAXES FOR THE YEAR 1979 Mayor Turner read the following caption of City Ordinance #77: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS LEVYING THE AD VALOPgM TAXES FOR THE YEAR 1979 AT A RATE OF $.19 PER ONE HUNDP~D DOLLARS ($100..00) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY AS OF JANUARY 1, 1979; TO PROVIDE REVENUES FOR THE .~AY~NT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; PROVIDING FOR DUE AND DELINQUENT DATES TO- GETHER 14ITH PENALTIES AND INTEREST; AND DECLARING AN EFFECTIVE DATE. 000467 16. Continued ' Councilman Shearer moved to approve this Ordinance on second reading. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: Ail members present vote aye Noes: None 17. CONSIDERATION OF SECOND READING OF ORDINANCE ~78 ~UTt{0.R- IZING THE CITY MANAGER. TO ENTER A LEASE PURCHASE AGP~E~ MENT FOR POLICE VEHICLES Mayor Turner read the following caption of Ordinance #78: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE PURCHASE AGREEMENT BE~EN THE CITY AND LONE STAR DODGE FOR THE LEASE OF POLICE PATROL CARS AND AUTHORIZING THE CITY MANAGER TO EXPEND FROM THE GENERAL FUNDS OF THE CITY SUCH A~4OUNTS AS ARE NECESSARY TO PAY THE LEASE RENTAL WHICH WILL COME DUE DURING THE CURRENT FISCAL YEAR; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE, WHEREAS, IN COMPLIANCE WITH THE BIDDING REQUIREMENTS IMPOSED BY LAW THE CITY RECEIVED A BID FROM LONE STAR DODGE, 12000 EAST NORTH)~ST HIGHWAY AT GARLAND ROAD, DALLAS, TEXAS, FOR CERTAIN POLICE PATROL CARS, ~rHICH SAID BID WAS ACCEPTED, AND )~EREAS, IT IS THE DESIRE OF THE CITY OF THE COLONY, TEXAS, AND LONE STAR DODGE TO ENTER INTO A LEASE PURCHASE AGREEMENT FOR SAID VEHICLES, THE ULTIMATE PURCHASE PRICE TO BE GOVERNED BY SUCH BID PROPOSAL IN THE EVENT THE OPTION TO PURCHASE IS EXERCISED, NOW, THEREFORE, Councilman Longo moved to approve this Ordinance on second reading. Seconded by Councilman Shearer, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 18. CONSIDERATION OF SECOND READING OF ORDINANCE #79 AUTHORIZING CITY ~NAGER TO ENTER INTO A CONTRACT WITH THOMPSON/PARKEY ASSOCIATES, INC. Mayor Turner read the following caption of Ordinance #79: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR ARCHITECTURAL SERVICES WITH THE FI~4 OF THO~SON/PARKEY, ASSOCIATES, INC. ATTACHING THE APPROVED FO~{ OF THE CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE, Councilman Shipman moved to approve this Ordinance on second reading. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 19. EXECUTIVE SESSION - PERSONNEL Mayor Turner announced that the Council would meet in Executive Session dealing with Personnel as authorized by Article 9252-17, Section 2, VACS. Upon reconvening in Open Session and ther being no further action to be taken by the Council, Councilman Shipman moved that the meeting be adjourned. Seconded by Councilman Shearer, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 000468 Mayor Turner adjourned the meeting at 11:20 p.m. ATTEST: