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
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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.
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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.
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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
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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.
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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
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