HomeMy WebLinkAbout03/17/1980 City Council CITY OF THE COLONY
DENTON COUNTY, TEXAS
MARCH 17, 1980
A REGULAR MEETING of the City Council for the City of The Colony was called to
order with the following members present:
Sandra Shearer Mayor Pro Tem
Linda Adams Councilman
William J. Longo Councilman
Gary Shipman Councilman
Chris Fabian Councilman
and with Mayor Richard Turner absent, however, a quorum was established.
1. APPROVAL OF MINUTES
Councilman Shipman noted that on Page 2 of the minutes of the Regular Meeting held
on March 3, 1980, Agenda Item #3, should note that the 5% rate to the City would
be negotiated at a later date.
Councilman Fabian asked that it be noted that on Page 3, under Agenda Item #5, that
he requested the City Manager provide an updated list of road repairs.
Councilman Shipman then moved the minutes be approved as corrected. Seconded by
Councilman Adams, the motion was passed by the following roll call vote:
Ayes: Councilmen Longo, Adams, Shipman & Fabian
Noes: None
Absention: Mayor Pro Tem Shearer
2. CONSIDERATION OF WHITE CAN DAY PROCLOMATION
Representatives Merv Tard and Brad Mason of the Lion's Club explained to the
Council the purpose of White Cane Day. At this time, Mayor Pro Tem Shearer
read aloud the following proclomation:
WHEREAS, the City Council is always concerned with the general welfare
of the citizens of The Colony and of those groups representative of our
citizens.
WHEREAS, the City Council is supportive of all endeavors in the City of
The Colony which are for the general welfare of our citizens and our social
organizations.
NOW THEREFORE, BE IT PROCLAIMED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY:
March 21 and March 22, 1980 is "White Cane Day" in
support of the Lion's Club's goal to raise funds to
provide needs for the blind citizens of our nation.
Councilman Fabian moved to approve this Proclomation establishing March 21 and 22
as White Cane Day 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
3. PUBLIC HEARING REGARDING FLOOR PLAIN/WET LAND AREA INCLUDED IN CITY PARKS
GRANT #1 SUBMITTED TO TEXAS PARK AND WILDLIFE DEPARTMENT
Councilman Adams moved to open this public hearing. Seconded by Councilman Longo,
th~motion was passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
Mr. Hart, City Manager, gave a background of the pending grant advising that there
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would be no facility built in the flood plain area but it would be used as natural
park land. The park land involved in the first grant is a portion of the Texas
Power and Light linkage park and a northern portion of the John Yates Park. Mayor
Pro Tem Shearer did note that there would be bike trails on the linkage park. There
followed a discussion of the scope of facilities to be at the John Yates Park and
Victor Baxter, a representative of the firm Schrickel--Rollins, advised the Council
that changes could be made in the park facilities at a later date.
Mr. Hart advised the Council that this was the last step in the procedure pri~r to
formal approval of this grant for $183,000 based on a 50/50 match with the City.
The~ being no further comments for or against this grant, Councilman Adams moved
to close the public hearing. Seconded by Councilman Longo, the motion was passed
by the following roll call vote:
Ayes: All members present voted aye
Noes: None
4. CONSIDERATION OF PUBLIC HEARING FLOOD PLAIN/WET LAND AREA INCLUDED IN CITY PARKS
GRANT #2 SUBMITTED TO TEXAS PARK AND WILDLIFE DEPARTMENT
Councilman Adams moved to open the public hearing. Seconded by Councilman Fabian,
the motion was passed by the following roll call vote:
Ayes: Ail members present voted aye
Noes: None
Victor Baxter advised the Council, again, that this involved only the Turner Street
Park and that extensive facilities would not be build in the flood plain/wet land
area. There being no further comments for or against, Councilman Longo moved to close
The public hearing. Seconded by Councilman Fabian, the motion was passed by the
following roll call vote:
Ayes: All members present voted aye
Noes: None
5. RECEIVE A REPORT FROM PARKS AND RECREATION BOARD
Chairman Richard Froehart reviewed the Board's plans for their annual Fourth
of July Colony Country Fair. Councilman Adams expressed concern regarding
monetary control and advised that~ach booth be responsible for their own prizes.
Chairman Forehart advised that the Parks and Recreation Board would be meeting
with Mr. James Runge who was supplying booths, prizes and canopies and a procedure
for proper monetary control would be worked out. He further advised the Council
that the Board planned on serving as a steering committee and advisors would be on
each subcommittee to handle the different areas. There followed a general discussion
of plans and activities for that day.
12. CONSIDERATION OF LANDSCAPING FOR TODDLER'S PARK
Councilman Longo stated that he had been concerned with what the City calls Toddler's
Park, or Perryman's Park, since its inception in 1977. The park facility was
purchased with a $10,000 donation from the Municipal Utilities District. Fox and
Jacobs agreed to match this $10,000. A;portion of this $10,000 ($6500) was used
for the first park and recreation grant filing, Councilman Longo explained. He
~urther stated that he was Mayor of the City at this time and he allowed the use
of this money for a grant applicati indicating that it would be put back into
the Toddler's Park area at a later date. Presently, Councilman Longo has been
working to have a 2" water line run to the park area; working with Fox and Jacobs
to have thirty Juniper Trees moved from Stewart's Creek peninsula to the park for
a cost of $560.00 which includes the following:
a. $270.00 for mulch
b. Four loads of sandy loam at $50.00 a loam
c. $100 for landscaping services to be paid to Mr. Lance Taylor
and has requested Fox and Jacobs berm the area for a more attractive landscaping
at a later date.
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He stated that he would like for $3000 to be allocated for six tall shade trees
to be planted later in the area. Councilman Longo also advised the Council that
Texas Power and Light and the Veteran's of Foreign Wars will work together to
provide a shaded area for mothers and the elderly and that the Jaycee's are willing
to sponsor this park.
At this time Councilman Fabian moved that the expenditure of $560.00 to move Juniper
Trees to the Toddler's Park area be approved. The motion was seconded by Councilman
Shipman. Prior to voting, Mayor Pro Tem Shearer asked if there was any discussion
on this motion.
Richard Forehart, Chairman of the Parks and Recreation Board, stated that these
plans had been presented to him Friday evening and had not been formally presented
to the Parks and Recreation Board. He stated they had been working with sports
associations regarding total recreational needs in The Colony and the Board was not
aware of this money source. However, he did not dispute the need for improvements
to the Perryman's Park. There followed a lengthy discussion regarding the future use
of these monies set aside by Fox and Jacobs.
Representatives from the Soccer Association were present to voice their immediate
need for soccer fields. Chairman Forehart requested that the City Council make
the Park and Recreation Board aware of all monies that can be allocated towards
recreation so that it can be better proportioned among all recreational needs.
Councilman Longo answered that he realized there were many needs in the comminity
but he did feel strongly that the Camey area should be finished properly and that a
small recreational program be initiated there. Councilman Adams agreed with Council-
man Longo's concern about this area but she did not agree that the entire amount
of money should be used only for the Perryman's Park area. Further, Councilman
Adams stated, that there were funds in the Homeowner's Association account that was
designated for the Toddler's Park and she asked the Council's permission to look
into this.
At this time Councilman Fabian ammended his motion on the floor to add approval for
Councilman Adams request. This ammendment was seconded by Councilman Shipman. The
motion was carried by the following roll call vote:
Ayes: All members present voted aye
Noes: None
7. CONSIDERATION OF REPLAT ON SECTION #21
After a brief recess, Mayor Pro Tem Shearer introduced to the Council and members of
the audience, Mr. Tom Cravens of Fox and Jacobs, who presented his request for a
replat of Section #21. Mr. Cravens explained that lot lines must be moved in
this area to insure 5' on the side yard of each home. This would bring the plat
into compliance with the City's Comprehensive Zoning Ordinance.
The Council was concerned that all proper changes ~e made prior to the homes being
purchased by individuals. Mr. Cravens assured them that all deed records, etc.,
would be properly noted.
At this time, Councilman Adams moved that this replat on Section #21 be approved.
Seconded by Councilman Shipman, the motion was carried by the following roll call
vote:
Ayes: All members present voted aye
Noes: None
10. CONSIDERATION OF ACCEPTANCE OF BIDS FOR ONE MOVEABLE BUILDING
Mr. Hart advised the Council that a bid had been received from North Texas Bank in
the amount of $36,000 and that this included the $7000 moving costs. This was the
only bid and Mr. Hart ~recorm, ended acceptance of same.
There followed a lengthy discussion between the Council of the financial position
of the City in this budget year and the affect the purchase of this buildir~g would
have on the budget. Mr. Hart stated that North Texas Bank would handle
financing through a lease/purchase agreement and he did recommend use of this
procedure. Councilman Adams stated that she was concerned that the financial
condition of the City had changed since the last time Mr. Hart presented it to the
Counci 1.
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Mr. Hart answered that the primary change in the budget is building permit revenue
which he preferred to estimate very conservatively.
Councilman Fabian stated that he thought it was an adequate building that could be
used by the City in various capacities in the future.
Regarding location of the building, Mr. Hart told the Council that the staff has
determined that the Fire Station #2 site is the best area for the building since
the utilities will be cheaper to run and the parking lot would have a dual
purpose.
After further discussion, Councilman Shipman moved to accept the bid as presented
by North Texas Bank, directed the attorney to prepare an ordinance authorizing
the City Manager to enter into a contract on same, and to have the building
inspected, structurally, prior to the acceptance of this contract. Seconded
by Councilman Fabian, the motion was passed by the following roll call vote:
Ayes: Mayor Pro Tem Shearer, Councilmen Shipman & Fabian
Noes: Councilmen Longo & Adams
11. CONSIDERATION OF LAND SITE FOR MOVEABLE BUILDING
Again, Mr. Hart recommended proceeding with the planning of placing the modular
building next to the Fire Station #2.
Councilman Shipman moved that this site be approved for the placement of the building
contingent upon the purchase of the building and subsequent costs. Seconded by
Councilman Fabian, the motion was passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
8. RECEIVE A PRESENTATION FROM CITIZEN REGARDING PUBLIC TRANSPORTATION FOR THE
COLONY
Mayor Pro Tem Shearer introduced to the Council and members of the audience,
Mr. Delbert Crouser. Mr. Crouser stated that he was concerned that the City
of The Colony was not included in the Council of Government's Urban Area Eight
Intensive Study Area on transportation. He requested that the City Council
begin the procedures necessary to request becoming a part of this study. He
also recommende~that the Council initiate procedures to become included in a study
conducted by the Rapid Transit Authority.
After a brief discussion, Councilman Longo moved that this be placed on a Work
Session Agenda for further study. The motion was seconded by Councilman Adams.
Prior to voting, Councilman Shipman requested that a traffic engineer be present
at this Work Session for consultation. Mayor Pro Tem Shearer then called for a
vote on the motion on the floor. The motion was passed by the following roll
call vote:
Ayes: Ail members present voted aye
Noes: None
9. RECEIVE M.U.D. REPORT
Board Member, Wes Gray, told the Council that the well would be on line on the first
week of April; the street sweeper is now working; their bond issuance is going back
to the State and sewer rates have been raised $2.50 per month which brings the total
sewer charge to $7.50.
The Council expressed surprise and concern regarding this increase. Councilman
Fabian asked what the percentage of profit that M.U.D. required on their total
water revenue was. Mr. Gray stated that he would have to research this and would
advise the Council of this percentage at a later date.
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13. CONSIDERATION OF SECOND READING OF PROPOSED CITY ORDINANCE #99 AUTHORIZING
CITY MANAGER TO PURCHASE SIGN MACHINE
Mayor Pro Tem Shearer read aloud the following captioned ordinance:
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE
CITY b~NGER TO ENTER INTO A CONTRACT ON BEHALF OF THE CITY WITH
THE TRAFFIC CONTROL MATERIALS DIVISION OF 3M COMPANY FOR THE PURCHASE
OF A SIGN MACHINE: ATTACHING THE FORM OF QUOTATION UPON WHICH SUCH PURCHASE
IS AUTHORIZED AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE
Councilman Longo moved that this ordinance by approved upon second reading. Seconded
by Councilman Adams, the motion was passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
14. CONSIDERATION OF SECOND READING OF PROPOSED ORDINANCE #100 AUTHORIZING CITY
MANAGER TO PURCHASE TWO TRACTS OF LAND FOR THE CITY
Mayor Pro Tem Shearer read aloud the following captioned ordinance:
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY
MANAGER TO ACCEPT DEEDS AND MAKE PAYMENT FOR TWO TRACTS OF LAND AS
HEREAFTER DESCRIBED; AND PROVIDING AN EFFECTIVE DATE
Councilman Adams moved that this ordinance be approved upon second reading. The
motion was seconded by Councilman Longo. Prior to voting, Councilman Longo requested
that the purchase of the 11 acres west of 423 be a priority item. Mr. Hart advised
that it would be one the next Work Session.
Councilman Fabian requested that the purchase of the third piece of fire equipment
be a priority item, as well as the accessories.
The motion was then passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
15. CONSIDERATION OF SECOND READING OF PROPOSED CITY ORDINANCE #101 AMENDING
THE COMPREHENSIVE ZONING ORDINANCE
Mayor Pro Tem Shearer read aloud the following caption:
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 AS TRACTS A, B, AND C TO "SF" SINGLE FAMILY DISTRICT
CLASSIFICATION AND THE PROPERTY DESCRIBED HEREIN AS TRACT D, TO
"SC" SHOPPING CENTER CLASSIFICATION; PROVIDING FOR THE AMENDMENT OF THE
ZONING DISTRICT MAP; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE: AND PROVIDING
AN EFFECTIVE DATE.
Councilman Shipman moved to approve this 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
6. CONSIDERATION OF APPOINTMENT OF PARK AND RECREATION BOARD ALTERNATES
16. CONSIDERATION OF SUIT FILED AGAINST THE CITY BY J.Y. EBERHART, ET.AL.
Mayor Pro Tem Shearer stated that the Council would meet in closed door session regarding
these two agenda items at this time. Upon reconvening in open session, Councilman
Adams moved to table Agenda Item #6. Seconded by Councilman Longo, the motion was
~ass~by the following roll call vote:
Ayes: All members present voted aye
Noes: None
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There being no further action to be taken by the Council, Councilman Adams moved
that the meeting be adjourned. Seconded by Councilman Shipman, the motion was
passed by the following roll call vote:
Ayes: Ail members present voted aye
Noes: None
Mayor Pro Tem Shearer adjourned the meeting at approximately 12:10 A.M.
J~ CARR~)LL, CITY SECRETARY