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HomeMy WebLinkAbout05/18/1981 City Council 000866 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON MAY 18, 1981 A REGULAR MEETING of the City Council of the City of The Colony, Texas was called to order at 7 p.m. with the following members present: Richard Turner Mayor Scott North Councilman Freeman Upchurch Councilman Norman Adeler Councilman Dave Brown Councilman and with Councilman Gary Shipman absent due to a business conflict; however, a quorum was established. Before moving to the regular agenda items, Mayor Turner made a brief statement on several matters of concern to citizens in The Colony. He spoke about the assassination attempt on Pope Paul, a serious acci- dent suffered by a resident, Peter Arra~ide, and about the situation with Dr. Ronald Salfen, pastor of the Trinity Presbyterian Church, who has been charged with contempt of court due to his refusal to divulge information obtained during a counseling session. Mayor Turner then introduced Rev. Bill Metting of Good Shepherd Lutheran Church in The Colony and asked him to lead members of the audience and the City Council in a prayer for these concerns. Also at this time, Mayor Turner announced that he had been presented with a petition addressed to the Mayor and City Council, signed by a group of citizens, requesting that a four-way stop sign be placed at the corner of Strickland Avenue and Miller Drive. Mayor Turner stated that the Council would be unable to take action on the petition at this time, as it was not on the agenda; however, he did say that this matter would be considered at a Council meeting in the near future, probably June 8. Mayor Turner also assured these citizens that all steps would be taken to correct this situation and encouraged them to come back on June 8 when the matter could be discussed in detail. Janice Carroll, Interim City Manager, stated that she would be in contact with them also. 1. CONSIDERATION OF RESOLUTION OF INTENT AND PRESENTATION BY METHODIST HOSPITAL OF DALLAS Councilman Brown made a motion to table this item, as the complete details had not been worked out at this time. Seconded by Councilman North, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 4. OATHS OF OFFICE At this time, Mayor Turner administered the Oath of Office to Councilmen Dave Brown and Freeman Upchurch. Councilman Brown had been appointed to fill a vacancy in Place 5, and then won election to this place after the runoff May 9. Councilman Upchurch is new to the Council, also winning his position, Place 2, after the May 9 runoff. 6. CONSIDERATION OF AUTHORIZATION ORDINANCE FOR THE PURCHASE OF LAND FOR ATHLETIC FIELDS This land is south of Arbor Glen Road and west of Blair Oaks Drive, Janice Carroll stated. Mrs. Carroll announced that Mr. Tom Cravens of Fox & Jacobs was present to answer any questions, and that Fox & Jacobs had submitted to her a Commitment for Title Insurance, two Blue Line Surveys and certified copies of all exceptions; therefore, every- -1- 00086'7 thing is in order and ready to go at this time. Mrs. Carroll stated that the appointment for the closing on this land would be Wednesday, May 20; she then introduced Mr. Rick Herold, Director of Parks & Recreation. Mr. Herold announced that this would be additional land for athletic fields. The funds for this land purchase were approved in April 1979; Proposition No. 3 was for the issuance of bonds for the purchase and development of park land in the amount of $155,000. Councilman North asked what type of facilities would be available at this site. Mr. Herold brought up the fact that we have only one lighted field at this time and it is hoped that more softball fields can be located on this land and also additional fields for other sports including lighting where needed. Councilman North also questioned when these ~ facilities would be ready for use. Mr. Herold stated that he hoped the i fields would be playable by the middle of July. Councilman Adeler ~ inquired about the total acreage of this tract. He was told that it was approximately 14 acres including the TP&L easement. Mr. Herold stated that the land which the city will be using would be fenced. Councilman Adeler also wished to know about parking at this site and Herold stated that this would be available. Mayor Turner stated that he was really excited about this as this is the city's first major purchase of park land, and he thanked Fox & Jacobs for working with the city making it possible for the city to acquire this land at a reasonable price. At this time, Mayor Turner read aloud in its entirety the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A SALES CONTRACT FOR TWO TRACTS OF LAND CONTAINING 2.2262 ACRES OF LAND AND 12.5 ACRES OF LAND WITH THE FIRM OF FOX & JACOBS, INC.; ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. Councilman North made the motion to approve this ordinance. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye ._~ Noes: None 10. CONSIDERATION OF ACCEPTANCE OF CIVIL DEFENSE SIREN SYSTEM BIDS Janice Carroll stated that the city received only two bids on this system from Fire Appliance Company of Texas and Ken's Communication, Inc. Mrs. Carroll stated that CATV of Lewisville had agreed that they would provide $15,000 for the purchase of this siren system, and that this was reflected in the ordinance. A memo from Ronnie Gothard, Fire Chief, did recommend awarding this to the low bidder, Fire Appliance Company of Texas; both bids did meet the specifications as drawn up. Councilman North asked who drew up these specifications and was told they were done originally by Gregg Sterner. Councilman Adeler wished to know where the siren system would be located and was told that this had not been determined as yet and Ronnie Gothard was not able to attend this meeting to answer questions due to his attendance at a training school in Maryland. Mrs. Carroll did state that the siren at Fire Station No. 1 was totally inadequate, as the sound does not carry far enough to be effective. Mayor Turner stated that the lack of an adequate warning system in the city in case of emergencies has been a concern of the city. Mrs. Carroll stated that there would be no city funds involved in this purchase. Councilman Shipman arrived prior to this item and, at this time, made a motion to award this bid to Fire Appliance Company of Texas. Seconded by Councilman Upchurch, the motion was passed by the ~-- following roll call vote: Ayes: Ail members present voted aye Noes: None ~ After the roll call vote, Mayor Turner stated that CATV would be notified in writing of this bid award. Councilman North asked when the work on this siren system would begin and was told it would be the first part of June. --2-- 000868 2. BRIEFING SESSION The Council at this time did meet in a briefing session to discuss the remaining agenda items. No action was taken at this time. 3. APPROVAL OF MINUTES Councilman Adeler made the motion to approve the minutes of the regular meeting of May 4, 1981, as presented. Seconded by Councilman Upchurch, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 5. RECEIVE REPORT ON 4th OF JULY ACTIVITIES Mayor Turner informed members of the audience that Rick Herold is the Chairman of this committee and introduced Wanda Gillett, a member of the committee. Rick Herold told the Council and members of the audience about some of the plans at this time, which were also outlined in a memo which he had presented to Janice Carroll, the Mayor and Council. The tentative itinerary includes a parade, introduction of dignitaries, awarding of trophies, games for youths, a contemporary Gospel concert, a special guest (not yet announced), live country and western band and dancing, fireworks display and the country-western band and dancing again until the end of the evening. The committee has already had three or four meetings and plans are well underway at this time. Mr. Herold stated that the parade would include floats and that prizes would be awarded--a Mayor's trophy, Council trophy and MUD trophy. Mr. Herold issued an invitation to everyone present to attend these festivities and said that if anyone had any questions they could call members of the 4th of July Committee. Mr. Herold also announced that a live band was being sought for the parade. 8. CONSIDERATION OF APPROVAL OF PLAT SUBMITTED FOR MEDICAL FACILITIES Mr. I. R. Bradburry, Director of Community Development, was present to present the plat and architect's drawing of this medical facility to be located on Paige Road at Kisor. He stated that the engineer had approved the location as to traffic flow and that there will be a rear screening fence to separate the building from the residential area. Mr. Bradburry stated that it was his understanding that the Council had the authority to require a screening fence on a medical facility even though the Zoning Ordinance does not require it. Mayor Turner clarified at this time that all of the other zoning procedures had been completed. Councilman Adeler inquired as to the number of buildings involved in this development and was told that it was comprised of two buildings of approximately 10,000 square feet total. Councilman Adeler also wanted to know if the complete facility would be built at one time and was told by Mr. Bradburry that this would be up to Dr. Kevin Seidler, the developer. Councilman Adeler asked if the facility was still to include a racquetteball court and was told that this was not in the plans at the present time. Councilman Shipman inquired if the parking space would be adequate and was told that it would be and that the setback was also adequate. Mr. Bradburry stated that the only thing that the Council might question would be the need for a screening wall around the drainage ditch. Councilman Adeler saw no need for this. Janice Carroll stated that area residents had been notified twice about the hearings concerning this development. Councilman Shipman made the motion to approve these plans as presented. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None After voting, Councilman North wished to have the question about the screening wall clarified and was told that there would be a wall on the alley side but not on the side of the drainage ditch. -3- 000869 9. CONSIDERATION OF FENCE VARIANCE REQUEST Mr. Pratt, a resident requesting a variance on the height of the fence around his swimming pool, was present to answer questions and staff presented diagrams and pictures to the Council. Mayor Turner at this time recognized Mr. Pratt and inquired as to the height of his fence. Mr. Pratt replied that the fence would be 19 inches higher than called for in the zoning ordinance. Mr. I. R. Bradburry stated that the total height would be around 10 feet. Mayor Turner asked if a 9-foot fence would work and Mr. Pratt replied that this would not give as much privacy due to the slope of his property to the alley. Councilman Shipman wished to know what if any disadvantage there would be in allowing this variance. ~ Mr. Bradburry replied that this would make the fence noticeably higher than the fences on adjacent property. Councilman Shipman asked if the fence would be any more than 5 feet above the level of the patio and Mr. Pratt replied that it would. Councilman North had visited the site and stated that from Mr. Pratt's patio it would be possible to see into adjacent yards if the fence was the height called for in the zoning ordinance. Councilman Shipman expressed the opinion that a swimming pool does present special problems. Mayor Turner asked Mr. Pratt if he felt there were any safety factors involved in this situation, and Mr. Pratt replied that he felt a lower fence might allow children to more easily gain access to the pool area. Councilman Shipman stated that it had been the policy in the past to grant variances in cases similar to this one. Councilman Adeler felt that if there were no objections from neighbors, this should be a factor in the decision. Councilman North asked if the request was for a 6-foot fence on top of the retaining wall. Mr. Bradburry stated that the height of the fence overall from the ground to the top would be 10 feet. Councilman North made the motion to approve this variance to a maximum height of 10 feet from the alley to the top of the fence. Seconded by Councilman Upchurch, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 12 RECEIVE REQUEST FROM CITIZEN TERRY CASTEEL Mayor Turner introduced Miss Terry Casteel to the audience and City Council at this time. Miss Casteel wished to obtain community support for herself in order to enter the International Girl pageant. She gave an explanation of what she had been doing and how she would represent any sponsors which she got. Miss Casteel was a runner-up in the Miss Colony contest and stated that she has had private modeling lessons since that time. Miss Casteel stated that the entrance fees are very high for this upcoming pageant; her expenses including entrance fee and hotel accommodations would be around $300 for three days. Councilman Adeler suggested that she get in touch with The Colony Chamber of Commerce President Mr. Bill Vackar, as the Chamber is interested in getting The Colony name in front of people whenever possible. Janice Carroll asked her to explain to the audience how they might go about making donations and she said that anyone who was interested could get in touch with her. Mr. Rick Herold stated that he could supply her number if anyone wished to call City Hall. Mayor Turner thanked Miss Casteel for coming and wished her the best of luck in her endeavor. 11. RECEIVE MUD REPORT Councilman North made the motion to table this report, as Mr. Wes Gray, liaison between MUD and the city, was not present at the meeting. Seconded --, by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye ,~ Noes: None -4- 00 "°?0 7. RECEIVE CITIZEN REQUEST FOR STREET LIGHTING Mr. Pearlman, the resident requesting the street lighting, was not present at the meeting, and Mr. I. R. Bradburry was asked to comment on the situation. The Pearlmans reside at 5201Ragan across from property be- longing to the Corps of Engineers. The street cu~es downhill at this point making the nearest street light inadequate, as it is around the curve from the Pearlman's house, stated Mr. Bradburry. Mr. Bradburry also stated that this area is near the site of the Dave Cowan Park, therefore there will never be more homes in this particular area. Councilman Adeler asked if the light requested would be on the s~e side of Ragan as the park and was told this was correct. Councilman North asked about future houses in the area and Mr. Bradburry clarified for him that because of the Dave Cowan Park and Corps of Engineers lam, Fox & Jacobs had no plans to build more houses in this area. Mr. Bradburry also noted that probably two lights should be installed in the Dave Cowan Park also. Councilman Shipman asked why Mr. Pearlman wanted this particular street light at this t~e. He was told that it was for security and safety reasons, due to the extr~e darkness of the area, making it very difficult to see the steps in front of his home. Councilman Shipman then wanted to know if the nearest street light to Mr. Pearlman's home was within the normal distance and was told that it was but, because of the down- hill curve, it does not provide adequate lighting. Councilman Shipman then recommended that staff get information on the cost of this light and also find out if an underground cable is present at this location. Janice Carroll stated that she had spoken with Mr. John Turner of TP&L and that the cost of one light would be approx~ately $600-$1,000. Mr. Pearlman had already been advised that this might not be done until the next budget year, and he was agreeable to this. Councilman Adeler also stated that he would like to know the exact location of this light. Councilman North made the motion to table this matter until Mr. Pearlman can be here to give his ideas and also because he did not wish to vote without knowing the amount of money involved. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All m~bers present voted aye Noes: None 13. CLOSED DOOR SESSION A. POLICE DEPARTMENT PERSONNEL STATUS REPORT B. CITY MANAGER RESUMES Mayor Turner at this time announced that the Council would meet in a closed-door session per Article 6252-17 of Vernon's Ann. Civil S~atutes and that no action would be taken at this t~e. There being no further action to be taken by the Council upon reconvening in open session, Councilman North made the motion to adjourn. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Turner adjourned the meeting at 11:45 p.m. ATTEST: JAN~ CARROLL, CI~ SECRETARY --5--