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HomeMy WebLinkAbout02/25/1980 City Council 00054 CITY OF THE COLONY DENTON COUNTY, TEXAS FEBRUARY 25, 1980 A REGULAR MEETING of the City Council for the City of The Colony was called to order with the following members present: Richard Turner Mayor Linda A. Adams Councilman William J. Longo Councilman Sandra Shearer Councilman Gary Shipman Councilman Chris Fabian Councilman and with no members absent, a quorum was established. 1.RECEII~ REPORT ON FUTURE CLINICAL PLANS FROM METHODIST CENTRAL HOSPITAL Mr. Hart, City Manager, introduced to members of Council and the audience, ~. William E. Parisi, Executive Vice President, of Methodist Central Hospital who presented a report regarding the tentative plans for the installation of a primary care center and future hospital for The Colony and the surrounding northern metroplex area. Mr. Parisi stated that their goal was to have a hosoital to serve this area by 1983. The initial step, he explained, would be to establish, within thirty days, a primary care center. This center would be open six days a week with tentative hours as 5:00 P.M. to 1:00 A.M. Mr. Parisi emphasized that the hours would be established, simply by the needs of the community. This primary care clinic would be staffed with doctors from a firm known as Fayne and Associates. In a meeting with Councilmen Longo and Adams and Mr. Hart, it was determined that an Advisory Committee would be established that would provide community input for Methodist's use in establishing the plans for this area, Mr. Parisi further explained. At this time the meeting was turned over to those professionals handling the care flight operations. A slide presentation was given and questions were answered regarding this service. After this question and answer period, Councilman Longo emphasized that this medical facility is not just for The Colony and that Methodist Central does plan to coordinate with other medical facilities in this area. Mayor Turner welcomed Methodist Central to our City; thanked them for their concern for this area; and applauded the City Council's efforts -- particularly Councilmen Longo and Adams -- in reaching a decision to support this institution. 2. APPROVAL OF MINUTES Councilman Shipman moved to approve the minutes as written. Seconded by Councilman Fabian, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None - 1 - OO0541 4. EXECUTIVE SESSION - (PERSONNEL AND PENDING LITIGATION) Mayor Turner announced that the Council would now meet in Executive Session as authorized by Article 6252-17 VACS. 3. RECEIVE PUBLIC UTILITIES COMMISSION REPORT Councilman Fabian gave his report to the Council regarding the hearing on February 22 at the Public Utilities Commission in Austin that he and Mayor Turner attended. Councilman Fabian --~ stated that the decision was less favorable to The Colony than the Examiner's original recommendation. Mr. Dillard, the City Attorney, did advise him that after the official reading has been received from the PUC, that the City could then proceed with fighting this decision. Councilman Fabian recommended that this decision be appealed by the Council. Mayor Turner agreed with Councilman Fabian's report and added that it appeared obvious the decision was made prior to the Friday hearing. There followed a lengthy discussion as to action that should be taken by the City government as well as by our citizens. Councilman Longo recommended that letters be written to Governor Clements regarding this Commission stating that they should be representing consumers and not the utilities. Mary Hundt, a member of the audience and an active campaigner on this issue;asked the City support Dr. Jack Hopper who has introduced a bill that will require these Commission seats be elected rather than appointed. The Council further discussed the tentative appointment of a citizen's committee to work specifically on this issue. ~ Councilman Fabian felt that this committee should be appointed by the Council while other Council members were concerned that appointment by the City Council would limit the committee's : effectiveness. However, Councilman Longo assured Mrs. Hundt that the City Council would always "support" this committee's stand. Councilman Longo requested a legal opinion from the Texas Municipal League regarding financial aid from the City to a citizen group. Councilman Fabian requested that Mr. Hart look into the availability of micro-wave service for long distance calls. 5. RECEIVE REPORT ON CONDITION OF PAIGE ROAD Mr. Hart told the Council that Mr. Bradburry, Community Development Director for the City, had accepted Paige Road. 6. CONSIDERATION OF FIRST READING OF ORDINANCE ABANDONING FUQUA ROAD AND A PORTION OF CAMEV ROAD Mr. Hart read aloud, in its entir'ty, the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEY~AS, ABANDONING PORTIONS OF FUQUA ROAD AND GIRFFIN ROAD (ALSO KNOWN AS CAMEY ROAD) IN FAVOR OF THE ABUTTING PROPERTY OWneR, INTERNATIONAL BUSINESS ~iACHINES COROORATION, FOR AND IN CONSIDERATION OF THE SlIM OF FORTY SIX THOUSAND SEVEN HU~DP£D FORTY SIX DOLLARS AND TWENTY FIVE CENTS ($46,746.25); PROVIDINg THAT SUCH ABANDOnmENT SHALL BE ALL THE INTERST WHICH THE CITY MAY LEGALLY AND LAWFULLY ABANDON; PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE A QUIT CLAIM DEED THAT MAY BE RECORDED %7ITH THE COUNTY CLERK OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. - 2 - 000542 Councilman Adams moved to approve this resolution. Seconded by Councilman Longo, 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 AMENDING THE COMPREHENSIVE ZONING ORDINANCE Mayor Turner read aloud, in its entirity, 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 HEREIN TO "SF" SINGLE-FAMILY DISTRICT CLASSIFICATION SUBJECT TO SPECIFIC USE PERMIT FOR A CHURCH; PROVIDING FOR SPECIAL CONDITIONS: PROVIDING FOR THE AMENDmeNT OF THE ZONING DISTRICT MAP; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF ~^70 HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE: AND PROVIDING AN EFFECTIVE DATE Councilman Shearer moved to approve the above-captioned ordinance on second reading. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 13. CONSIDERATION OF RESOLUTION CALLING JOINT CITY DISTRICT ELECTION FOR APRIL 5, 1980 Janice Carroll, City Secretary, told the Council that the M.U.D. and City staff would like to have both elections held jointly sharing all costs and using only one ballot. After a brief discussion, Councilman Longo moved to approve this resolution calling for a joint election. Councilman Shearer seconded this motion. At this time Councilman Fabian felt that it would be advisable to read the terms of this resolution. The terms are as follows: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THECOLONY THAT THE METHOD FOR ALLOCATING THE EXPENSES AND RECORDS FOR THE ELECTION SHALL BE AS FOLLOWS: 1. The City of The Colony and The Colony Municipal Utility District Number 1 shall share equally the cost of said polling place, election judge, alternate judge, interpretor, election clerks and election supplies. 2. The City of The Colony and The Colony Municipal Utility District No. 1 shall use a joint ballot with the cost of said ballots being shared equally. 3. The custodian of the records for the City and the District shall be Richard Turner, Mayor, for the City of The Colony. 4. The absentee voting shall be conducted at City Hall of The Colony, Texas, at the corner of State t!ighway 423 and Colony Boulevard, WITHIN THE BOUNDARIES OF THE COLONY MUNICIPAL UTILITY DISTRICT NO 1 AND THE CITY OF THE COLONY. The absentee voting clerk for said election shall be Janice Carroll. SEE BELOW Mavoz Turner then called for a vote on the motion on the floor.. The motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 14. CONSIDERATION OF ORDER CALLING CITY OFFICERS ELECTION TO BE HELD APRIL 5, 1980 Mayor Turner read aloud the following order: BE IT REMEMBEP~D THAT on this 25 day of February, at a meeting of the City Council of the City of The Colony, Texas, a quorum being present, the meeting was called to order and the Council issued the following order: IT IS ORDERED that an election be held in the City of The Colony, Texas, on the 5 day of April, 1980, the same being the first Saturday of said month for the following purpose: To elect one Councilmember for Place Number 3 for a two year term; one Councilmember for Place 4 for a two year term and one Councilmember for Place Number 5 for a two year term. The candidate for each such office receiving a majority of all votes cast for all candidates for such office shall be elected for a two year term. In the event any candidate for any one of said offices fails to receive a majority of all votes cast for all the candidates for such office, a run off election shall be called as provided for by the Charter of the City. The polling place for said election shall be The Camey Elementary School. The polls shall be open from 7:00 o'clock a.m. to 7:00 o'clock p.m. None by legally qualified votes of the City shall be entitled to vote at said election. Notice of said election shall be posted in three public places within the limits of the City at least thirty (30) days prior to the election day. A return of such posting shall be made by affidavit of the City Secretary. A Presiding Election Judge and an Alternate Presiding Election Judge shall be appointed to serve at aach polling place by written order of the Mayor, approved and signed by at least a majority of the members of the governing body of the municipality. The presidinE Judge for each polling place shall appoint two Election Clerks and as many additional Clerks as are necessary for the proper conduct of the election. Provided, however, fifteen shall be the maximum number of Clerks which may be appointed to serve at any polling place. All Judges and Clerks shall be qualified voters in the City. Absentee voting for the above designed election shall be held at the regular office of the City Secretary at the City Hall Building, in said City, and said place of absentee voting shall remain open for at least eight (8) hours on each day of absentee voting which is not a Saturday, Sunda or an official State holiday, beginning on the 20th day and continuing through the 4th day preceding the date of said election. Said place of voting shall remain open between the hours of 8:00 o'clock a.m. and 5:00 o'clock p.m. *** Councilman Fabian questioned the legality of one ballot for both the Municipal Utilities District and the City, however, Janice Carroll, City Secretary, advised the Council that the Secretary of State's office did approve of this ballot form. 000 44 Councilman Shipman moved that this ordinance be approved 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 7. CONSIDERATION OF NAME FOR MIDDLE SCHOOL TO BE CONSTRUCTED IN THE CITY Councilman Longo and Councilman Adams recommended the City suggest the name of Morris T. Griffin which, as research shows, was the original settler in this area and still has many descendants residing in close proximity to The Colony. Councilman Shearer recommended the name of Bertha Griffin, a descendant of Morris T. Griffin, and who is presently active in school affairs. Councilman Fabian stated that the original settler of the Peter's Colony era was a man by the name of Bridges and he recommended the middle school be named after him. Mayor Turner recommended the name of David G. Fox as Mr. Fox is the person most responsible for the present development of The Colony. After a brief discussion, Councilman Fabian moved that the Council suggest to the LISD School Board the name of Morris T. Griffin for the first middle school to be built in The Colony. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 8. CONSIDEP~ATION OF FIRST READING OF ORDINANCE AUTHORIZING CITY .~ MANAGER TO PURCHASE ONE SIGN MACHINE The following captioned ordinance was read, in its entirety, by Mr. Hart and Mayor Turner: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY ~ANAGER TO ENTER INTO A CONTRACT ON BEHALF OF THE CITY V~ITH THE TRAFFIC CONTROL MATERIALS DIVISION OF 3M COMPANY FOR THE PURCHASE OF A SIGN MACHINE; ATTACHING THE FO~,{ OF QUOTATION UPON WHICH SUCH PURCHASE IS AUTHORIZED AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE Councilman Fabian was concerned that the Fiscal Impact Statement prepared by Mr. Hart did not contain cost figures on,supplies and labor and, therefore, felt that a responsible decision could not be made at this time. Councilman Adams requested that alternates be presented to the ~Council. After further discussion of these costs and alternates, Councilman Shipman moved to approve this ordinance upon first reading. Seconded by Councilman Shearer, the motion was defeated by the following roll call vote: Ayes: Councilmen Shearer, Shipman Noes: Councilmen Longo, Fabian and Adams O0O$45 9. CONSIDERATION OF FIRST READING OF ORDINANCE ESTABLISHING A 45 MILE PER HOUR SPEED LIMIT ON STATE HIGHWAY 121 Mayor Turner read aloud, in its entirity, the following captioned ordinance: AN ORDINANCE OF _THE CITY OF THE COLONY, TEXAS, ESTABLISHING A MAXI~gJM LAWFUL PRI~CA FACIE SPEED LIMIT OF FIFTY FIVE (55) MILES PER HOUR ON PORTIONS OF STATE HIGHWAY 121 WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF THE COLONY AND OF FORTY FIVE (45) MILES PER HOUR ON PORTIONS OF STATE HIGHWAY 121 WITHIN THE CORPORATE CITY LIMITS OF THE CITY: REPEALING ORDINANCE 89; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE S~4 OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING FOR THE ERECTION OF SIGNS; AND PROVIDING AN EFFECTIVE DATE Councilman Shearer moved that those ordinance be approved on first reading. Seconded by Coun6ilman Longo, the motion was passed by the following roll call vote: Ayes: All members present voted aye' Noes: None 10. CONSIDERTAION OF FIRST READING OF ORDINANCE ESTABLISHING A 45 MILE PER HOUR SPEED LIMIT ON STATE HIGHWAY 423 Mayor Turner read aloud, in its entirity, the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ALTERING THE PRI~LAFACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION 169 (b) --' OF ARTICLE 6701d VERNON'S ANNOTATED CIVIL STATUTES, UPON FARM ROAD NO. 423 OR PARTS THEREOF WITHIN THE CORPORATE LIMITS OF THE CITY OF THE COLONY AS SET OUT IN THIS ORDINANCE; REPEALING ORDINANCE 93; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR THE VIOLATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Councilman Fabian moved that this ordinance be approved on first reading. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 11. CONSIDERATION OF CONSENT TO ALLOW A FIVE ACP~ TRACT LOCATED AT CLOVER VALLEY AND BLAIR OAKS DRIVE INTO THE MUNICIPAL UTILITIES DISTRICT Mayor Turner read aloud the following resolution: WE, THE MAJORITY OF THE COUNCIL OF THE CITY OF THE COLONY, .HEREBY, BY RESOLUTION, GIVE OUR CONSENT FOR PROPERTY/LAND LOCATED AT CLOVER VALLEY AND BLAIR OAKS DRIVE OIlSeED BY LAND OF LAKES CHRIST- LA~N CHRUCH TO E~TER T~.COLON¥~C~PAL UTILITIES~D~STR~i-CT 'FOR !'TATER~D/OR REFUSE'PICK UP. Mr. Wes Gray, M.U.D. Board Member, advised that the Land Of Lakes Christian Church, if annexed into ~he Municipal Utilities District, will be required to hook up to the existing sewer line as the line runs within 300' of their property. - 4 - 00054 After holding said election, the Election Judges shall promptly make their returns to the City Secretary and to the Mayor, and the Secretary shall thereafter present such returns to the City Council for the canvassing of said election. The Presiding Election Judge shall be paid the sum of $3.00 per hour, plus an additional sum of $15.00 for his services in delivering the returns of the election. The Alternate Presiding Election Judge shall be paid the sum of $3.00 per hour and each Election Clerk shall be paid the sum of $3.00 per hour for their services in holding the election. Such payments shall not exceed the maximum amounts set out in Article 3.08, Texas Election code, to-wit: $3.00 per hour for each election official, plus an additional amount paid to the Presiding Judge for delivering the returns, not to exceed $20.00. ELECTION OF MUNICIPAL OFFICERS ORDER APPOINTING ELECTION JUDGE ~EREAS, on the 25 day of February, 1980, an Order was issued calling an election to be held on April 5, 1980 for the election of Municipal Officers. NOW, THEREFORE, IT IS HEREBY ORDERED THAT Rose Ashman is appointed Presiding Election Judge and Dianne Kovar is appointed Alternate Presiding Election Judge to serve at said election. Councilman Fabian moved that these orders be passed. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None There being no further action to be taken by the Council at this time, Councilman Shipman moved to adjourn. Seconded by Councilman Shearer, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None ~ayor Turner adjourned the meeting at 10:52 P.M. ATTEST: J~K. ~E~ CARROLL, CITY SE(/RETARY - 7 -