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HomeMy WebLinkAbout05/05/1980 City Council 000591 CITY OF 2HE COLONY DENTON COUNTY, TEXAS MAY 5, 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 William J. Longo Councilmember Linda Adams Counci~r Sandra Shearer Councilmember Gary Shipman Counciln~mber Chris Fabian Councilmember thus establishing a quorum. 1. APPROVAL OF MINIIfES It was noted that on the April 7 minutes, on Page 2, in the election returns, that the word "none" should be inserted. Also, in Section 1 of the April 14 minutes, Councilman Gary Shit]nan was elected to Place 4, and not Place 5 as was so written. At this time, Councilman Shipman moved that the minutes of the Regular Meeting held on April 7, the Special Session minutes of April 14, and the Regular Meeting minutes of April 21, be approved as corrected. Seconded by Linda Adams, the motion w~s passed by the following roll call vote: Ayes: All members present voted aye Noes: None 2. CONSIDERATION OF BETA SIC~4A PHI PROCLAMATION Mayor Turner read aloud the following proclamation: WHEREAS, in honor of the Golden Anniversary of Beta Sigma Phi Sorority, the world's largest Greek letter wc~n's service, cultural and social organization with many chapters in the city/state of The Colony, Texas, the sorority year beginning, Founder's Day, April 30, 1980, and ending Founder's Day, April 30, 1981, has been designated as Beta Sigma Phi Year; and WHEREAS, Beta Sigma Phi is an organization that has grown to include 250,000 members in 12,000 chapters, l~cated in 31 countries across the world; a group of wc~en that has worked for every known charitable, health and cultural organization, raising money and donating time and effort to those in need everywhere; and WHEREAS, the badge of the organization shall signify life, learning and frienship by its Greek symbols, Beta Sigma Phi; and WHEREAS, it is sincerely believed to be a worthwhile act that would benefit its many members around the world, with a lifetime of association with the finest people; NOW, THIRE~ORE, I, RICHARD %URNER, MAYOR OF THE CITY OF %HE COLONY, TEXAS, DO HEREBY PROCLAIM APRIL 30, 1980 5HROU~ APRIL 30, 1981 as BETA SI(IMA PHI YEAR AND ASK THAT O~HER BETA SI6~A PHI SISTERS EVERYWHERE JOIN WITH %/qE ALPHA TAU GAMA, ALPHA TAU THETA, ALPHA UPSILON ETA, IN SALUTING BETA SIGMA PHI YEAR. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 000,592 3. OONSIDERATION OF t~S DENIAL Councilman Longo stated that he had recc~nended that the Council consider this agenda item. He told the Council that President Carter has rec~i~nding the cutting of appropriate federal revenue to the Emergency Medical Services. He stated that he felt this would be a dis-service to our co~,~-unity as well as many other cities across the nation. Councilman Longo moved that a letter of protest be sent to President Carter, with copies to Congress. Seconded by Councilman Fabian, the motion was passed by the follc~ving roll call vote: , Ayes: All members present voted aye Noes: None 4. CONSIDERATION OF PARK AND RECREATION BOARD ALTERNATE MS~BER APPOINTMENTS Mayor Turner introduced Richard Haas as the person recorm~nded by the Parks and Recreation Board to serve as an alternate. Mr. Haas stated that he had a background in physical education and the military and was interested in the community and looking forward to serving on the Board. At this time, Councilman Shitm~nn moved that he be appointed as alternate to the Parks and Recreation Board. Seconded by Councilman Fabian, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Turner then introduced Vince Ashman, recc~nended by the Parks and Recreation Board to serve as second alternate. Mr. Ashman stated that he, too, was looking forward to serving on the Board and also expressed an interest in establishing a recreational facility for our children. Councilman Longo moved that Vince Ashman be appointed as alternate #2 to this Board. __ Seconded by Councilman Adeler, the motion was passed by the following roll call vote: 'Ayes: All members present voted aye Noes: None 5. CONSIDERATION OF LAND AVAILABLE TO DEVELOP FOR SOCC]IR FI~.DS Councilman Longo stated that much work and investigation has been done to determine the best location for soccer fields. He then presented for the Council to consider, two additional sites: (a) 17.854 acres available for three to five years on the proposed high school site on North Colony Boulevard; (b) land tract available on Stewart Creek Road with ~ well so that water would be available. Councilman Longo did recon~end the first site for primary consideration. Councilman ShiIm~n expressed concern that there might not be adequate space for soccer as well as softball field on this sight. Mr. Hart advised that Fox and Jacobs would grade the fields on the high school site and would be used without grass for one year .~nd at that time the proposed field complex to be located south of Arbor Glen would 0e available. While considering this location as an alternate site, the Council discussed prop~usage of the easement, fiel~ size requirements and parking. Councilman Adams stated that she felt very strongly that shou~.d the easement land be used for recreation, it should be only for passive activity. Councilman Fabian stated that he was opposed to parking on the easement area and the potential traffic problems __ there' but he stressed that the Council must make every effort in locating permanent fields. Richard Froehart, Chairman of the Park and Recreation Board, stated that baseball and softball fields require approximately 2.5 acres per field and he was concerned with adequate acreage on the high school site. At this time Mayor Turner called for a fifteen minute break so that citizens could review the plans showing the proposed high school site and the proposed fields. UtXSn reconvening, Councilman ShiIxm~n stated that he recommended the easement site to be used as temporary practice and playing fields for a period of one year. At that time, all playing fields will be located at the field complex south of Arbor Glen Road. The Soccer Association would then have the easement fields for practice only. Councilman Shipman further stated that he did agree that there was a potential%erOsion problem on the easement but felt it .could be corrected by City staff. There 2 0O0,593 followed another discussion regarding this easement with cul-de-sacs adjacent thereto, parking and enforcement of parking regulations. Councilman Longo stated that he felt it would be unfair to place the burden of enforcing problems in this area on our Police Departn~nt at this time and rec~u~nded, again, that the 17.5 acre high school site be used. Councilman A~ams concurred with this rec~T~ndation. At this time, Council- man Longo made the motion that the 17.5 acres on North Colony Boulevard be designated as the proposed high school site be used for CYSA soccer fields. This motion was seconded by Councilman Adams. Prior to voting, Mayor Turner asked for a discussion from the floor. Mr. Bob Powers '~'a representative of the Easement Homeowners Association, stated that the Association appreciated the positive steps that had been taken by the Council and staff in reviewing this matter. He also stated that the homeowners are concerned with recreational facilities for our children and they would be willing to work with the CYSA in the development of fields in any manner possible. The Homeowners have also agreed that they would be willing to prc~ote the development of the easemert for passive recreation and would work with the City in any way possible on this development. Diane Kovar, a member of the Parks and Recreation Board stated that she was speaking as a resident, mother and Board member. She asked the Council to introduce a motion that they are obligated to the develot~nent of permanent soccer fields. It was her opinion that time and money will be wasted on the development of the high school site fields. At this time, Councilman Longo introduced Frank Graham, a representative from Fox and Jacobs, and asked if he could affirm the Council's intent to purchase the land south of Arbor Glen. Mr. Graham advised the members of the audience that he had met with City staff and Councilman Longo on this matter; however, this land is leased through December 31, 1980 and was purchased subject to provisions in a deed of trust. This means that the release of this land for this particular purpose must be negotiated with the prior owners and since the land is presently farmed, Fox and Jacobs is obligated to wait until this crop is harvested. However, he felt the City could close on the purchase of this land in September or October of 1980. Councilman Shipman asked Mr. Graham if he could guarrantee three years on North Colony as practice fields. Mr. Graham stated that he could not guarrantee this but he felt this was a very probable time period. Mr. Bob Powers advised that he had visited with Mr. Durham of the Lewisville Independent School District and has been assured that this land would not be used before three years. The followed a lengthy question and answer period regarding the two sites. Representatives of the Soccer Association stated that they felt it would be more wise to locate the fields on the easement so that they could be maintained as permanent practice fields after being used as playing fields. The Hcmeowner's Association stated their major concern was that the use of this easement should remain for passive recreation. At this time, Councilman Fabian called the question. The motion on the floor was passed by the following roll call vote: Ayes: Councilmen Longo, Adams and Adeler Noes: Councilmen Shit~an and Fabian 6. CONSIDERATION OF ACCEPTANCE AND APPROVAL OF BIDS FOR ~ CONSTRUCTION OF ONE CITY ANIMAL SHELTER Mr. Hart, City Manager, advised the Council that the site had been chosen for the construction of the animal shelter for the City. It would be located on FM 423, adjacent to the second sewerage plant. He stated that two bids were received for the Council to accept and review. They were: Henry M. Boenker Construction $25,524.20 Glendonning Concrete Company 27,000.00 Mr. Hart recc~,~ended the lower bid be awarded by the Council. After a brief discussion, Councilman Shipman moved that the bid presented by Henry M. Boenker Construction, in the amount of $25,524.20 be approved. The motion was seconded by Linda Adams. 000594 CounciLman Longo was concerned that the City could be assured that this facility would not have to be moved from the M.U.D. property any tin~ in the future. Councilman Fabian asked what plans were being made to spend the balance of the Board monies available. Mr. Hart advised that the staff rended roller cages be purchased. There being no further discussion, Mayor Turner called for a vote on the motion on the floor. The motion was carried by the following roll call vote: Ayes: All members present voted aye Noes: None Councilman Fabian requested that a letter be sent to Bill Connell, Councilman Adam's father, who prepared the plans that were to be used by the City. 7. CONSIDERATION OF FIRST READING OF ORDINANCE AUTHORIZING CITY MANAGER TO ENTER INTO A CONTRACT FOR ~ CONSTRUCTION OF ONE ANIMAL SHELTER Mayor Turner read aloud the following captioned ordinance: AN ORDINANCE OF ~ CITY OF ~ COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT ON BEHALF OF THE CITY WITH A GENERAL CONTRACTOR FOR THE CONSTRUCTION OF AN ANIMAL SHELTER: ATtAr/tING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "C"; AND PROVIDING AN EFFECTIVE DATE. Councilman Fabian moved that this ordinance be approved upon first reading. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 8. CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE FROM SINGLE FAMILY TO DUPLEX CLASSIFICATION ON APPROXIMATELY 72 LOTS LOCATED IN ~HE COLONY SUBDIVISION NUF~ER 23 Mr. Hart read aloud, in its entirety, the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMt~iDING THE COMP~SIVE ZONING ORDINANCE OF ~ CITY OF THE COLONY SO AS TO CHANGE THE PROPERTY DESCRIBED AS LOTS 1 THROUGH 21, BLOCK 168, LOTS 1 THROU~q 35, BLOCK 169, AND LOTS 1 ~HROUGH 15, BLOCK 170 OF ~ COLONY MUNBER 23 SUBDMSION, AN ADDITION TO THE CITY OF ~ COLONY, TEXAS, TO "D" DUPLEX DW~.T.ING DISTRICT CLASSIFICATION: PROVIDING FOR %/qE AMENIkMENT OF THE ZONING DISTRICT MAP; PROVIDING FOR A PENALTY OF FINE NOT TO EXCk~D ~HE SUM OF YWO HUNDRED DOLLARS ($200.00) ~OR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Fabian moved that this ordinance be approved upon first reading. Seconded by Councilman Longo , the motion was passed by the following roll call vote: Ayes; All members present voted aye Noes; None 9. CONSIDERATION OF CONSTRUCTION CHANGE ORDERS FOR THE FIRE STATION #2 Mr. Hart presented for the Council's consideration, the following change orders: Authorization to change one interior wall in the radio room so as to enlarge, same approximately 28 square feet. This room will also require a door for security measures. This rocra will be used for twenty- four hour dispatching for police, fire and ambulance and was originally designed to hold only that radio that would be necessary for the fire station. Mr. Hart said this change will increase the cost of the contract approximately $425.00 and does not alter the design of the building to any extreme. Mr. Hart stated that he and Mr. Bradburry deleted the utility cost ($10,000) frcm the bid contract price for Fi~eStation ~2. He found a cc~pany that will do this but it must be done through a change order. For this reason, he said, he weuld like the Council to authorize an additional change order to encompass the cost of running a sewage line to the property. This will total approximately $4750. The contractor working 4 00059 on this project already has his equipment in The Colony. The initial contract with T.A. Pritchard and Company was in the amount of $254,589.00 and if the Council approves the above mentioned changes, the contract will total $259,764.00. We will then have a balance of $61,312.54 left in this account. Councilman Fabian stated that although he had no problems with these change requests he was concerned about the status of the bid specifications for an A-Wagon and requested Mr. Hart prepare a breakdown of this bond proposition. Mr. Bradburry advised that he was preparing, at this tin~, bid specifications for the A-Wagon as well as accessory equipment for the pumpers already purchased. After further discussion, Councilman Longo moved that the two change orders be approved as presented. Seconded by Councilman Shit~nan, the motion was passed by the following roll call vote: Ayes: Ail nx~nbers present voted aye Noes: None 10. CONSIDERATION OF FIRST READING OF ORDINANCE ESTABLISHING TEXAS POWER AND LI~qT RATE INCREASE Mayor Turner introduced Mr. Boyd Williams and Don Stevens, representatives of Texas Power and Light, who were in attendance at this meeting. At this time, Mr. Hart read aloud, in its entirety, the following captioned ordinance: AN ORDINANCE OF %/qE CITY OF ~HE COLONY, TEXAS, APPROVING RATE SCHEDULES TO BE CHARGED BY TEXAS POWER AND LI~qT COMPANY IN CITY OF THE COLONY; PROVIDING FOR AN ~VE DATE FOR SUCH RATE SCHEDULES, AND PROVIDING CONDITIONS UNDER WHICH SUCH RATE sCHED~ MAY BE CHAlqGED, NDDIFIED, AMENDED OR WII/qDRAWN Councilman Shipman moved to approve this ordinance on first reading. Seconded by Councilman A~ams, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 11. CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING ~ COMPRHPHI~SIVE ZONING ORDINANCE FROM AGRICULTURAL TO NEIGHBORHOOD SERVICES FOR A . 499 ACRE TRACT OF Mayor Turner read aloud the following captioned ordinance: AN ORDINANCE OF ~ CITY OF THE COLONY, TEXAS, AMENDING ~ COMPRE- HENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY SO AS TO CHANGE THE PROPERTY DESCRIBED HEREIN TO "NS" NEIQ~K~DRHOOD SERVICE DISTRICT CLASSIFICATION; PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECI~ DATE Mr. Hart advised the Council that although the City is concerned with the inclusion of this property into the M.U.D., it does not pertain to this particular issue of zoning. Councilman Adams stated that she understood this but if the zoning was granted, would the City building cedes be sufficient to prohibit the use of a septic tank on this property. Mr. Hart advised that it was a City requirement that a fire hydrant be located within 300' of all property and without the proper water lines, Dr. Fazlani could not meet this code. 5 000596 Councilman Fabian noted that Dr. Fazlani w~s not present at the meeting and would like to see him present to discuss this particular problem. At this time Councilman Longo moved to table the second reading of this ordinance to the regular meeting to be held on May 19. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: Councilmen Longo, Adams, Adeler, Fabian Noes: None 12. CONSIDERATION OF SIL~DND READING OF ORDINANCE AUTHORIZING CITY MANAGER TO ENTER INTO CONTRACT WITH TEXAS DEPARTMSI%~ OF ~ITY AFFAIRS Mayor Turner read aloud the following caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ~XWfER INTO A CONTRACT ON BS~{ALF OF ~HE CITY WITH ~ TEXAS DEPARTM~Xrf OF ~TY AFFAIRS, AN AGENCY OF THE STATE OF TEXAS, TO PERFORM IN A COMP~ AND SATISFACTORY MANNER THE PERSOL%XIEL MANAG~rf AND/OR TRAINING ACTIVITIES; ATTACHING ~ APPROVED FORM OF ~ CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. 13. CONSIDERATION OF SECOND READING OF ORDINANCE AUI~ORIZING CITY MANAGER TO ENTER INTO CONTRACT WITH THE OFFICE OF PERSONNEL MANAGSMENT Mayor Turner read aloud the following caption: AN ORDINANCE OF ~ CITY OF THE GOLONY, TEXAS, ALriHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT ON BEHALF OF THE CITY WITH YHE TEXAS DEPARTMENT OF ~ITY AFFAIRS, AN AGENCY OF ~ STATE OF TEXAS, TO PERFORM IN A COMPLETE AND SATISFACTORY MANNER ~ PERSONNEL MANAGS~K~Wf AND/OR TRAINING ACrMTES; ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE Councilman Longo moved that this captioned ordinance be approved upon second reading. Seconded by Councilman Fabian, the motion w~s passed by the following roll call vote: Ayes: All members present voted aye Noes: None 14. CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING THE COMP~SIVE ZONING ORDINANCE FROM AGRICULTURAL TO NEIf~qBORH(X)D SERVICES ON 1.3 ACRE LAND TRACT LOCATED ON NORTH COLONY BOULEVARD Mayor Turner read aloud the following caption: AN ORDINANCE OF THE CITY OF %HE COLONY, TEXAS, AM~X~DING ~ OOMP~SIVE ZONING ORDINANCE OF THE CITY OF THE COLONY SO AS TO (/~%NGE THE PROPERTY DESCRIBED HEREIN TO "NS" NEIC~K)RHOOD SERVICE DISTRICT CLASSIFICATION; PROVIDING FOR ~HE ~ OF ~ ZONING DISTRICT MAP; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED ~ SUM OF 1540 HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE: AND PROVIDING AN EFFECTIVE DATE Councilman Fabian moved that this ordinance be 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 Prior to adjoumi~<ent, Mr. Hart briefed the Council regarding the recent accident of Police Office, Nicky Nix. He stated that he w~s still in the hospital and in a stable condition but the extent of his injuries were still undetermined. The Council requested that letters be sent to those agencies and people that assisted in the rescue of Officer Nix. O00Sg? There being no further action ~3be taken by the Council, Councilman Fabian moved that the meeting be adjourned. Seconded by Councilman Longo, the motion was passed by the follc~ing roll call vote: Ayes: All members present voted aye Noes: None Mayor Turner adjourned the meeting at 10:20 P.M. ATI~ST: