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HomeMy WebLinkAbout06/15/1981 City Council 000884 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON JUNE 15, 1981 A REGULAR MEETING of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. with the following members present: Richard Turner Mayor Scott North Councilman Freeman Upchurch Councilman Norman Adeler Councilman Gary Shipman Councilman and with no members absent; thus, a quorum was established. 1. BRIEFING SESSION The Council did meet in a briefing session from 7:30 to 8 p.m. to review the following agenda items. No action was taken at this time. 2. APPROVAL OF MINUTES Councilman North made a motion to approve the minutes of the Special Session of May 11, the Regular Meeting of May 18 and the Special Session of May 29 as presented. Seconded by Councilman Upchurch, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 7. CONSIDERATION OF REQUEST FROM FRYMIRE ENGINEERING FOR APPROVAL OF PLUMBING PIPE SYSTEMS MADE FROM DURAFLEX* -- * Shell Chemical Company trademark Mr. Pedro N. Morales, Regional Sales Manager in the Polybutylene Department of Shell Chemical Company was present at this meeting to present information on this plumbing pipe. Also present were Mr. Dale Clements of Frymire Engineering and Mr. Mike Knight, a manufacturer's representative from Marathon Sales in Dallas. Mr. Morales was requesting, for Shell Chemical, that the Council approve their "Installation Standard for Polybutylene hot-and-cold water distribution systems using insert and mechanical fittings-- ISD-1-81" as described in a brochure which had been sent for the Council and staff to study. Mr. I. R. Bradburry, Director of Community Development, had also recommended in a memo to the Mayor and Council that they look into this plumbing pipe, stating that the cities of Dallas and Houston had already approved its use; however, there were still several questions which Mr. Bradburry wished to have answered. Mr. Morales gave a slide presentation showing this plumbing pipe in use in various ways at construction sites and then answered questions for the Council and members of the audience. During the presentation Mr. Morales pointed out the following features of this plumbing pipe: low cost, flexibility, available in coils and lengths, easy and fast to join and install, freeze safe (undamaged by freezing), energy efficient, corrosion resistant (all types of water), and resistant to scale and sediment build up. Mr. Morales also stated that this plumbing pipe carries a 25-year written warranty. Among other cities which have approved its use are Austin, Beaumont, Corpus Christi and Galveston, Texas; Tulsa and Oklahoma City, Oklahoma and Denver, Colorado. Mr. Morales then asked if there were any questions. Councilman Adeler wished to know the expansion quality of the pipe. Mr. Morales stated that the linear expan- sion rate for polybutylene is approximately ten inches per one hundred feet of tube per 100 degrees F change in temperature. Councilman Adeler also wanted to know if there was danger of twisting and crimping. Mr. Morales demonstrated that this is very unlikely to happen and also pointed out that this danger is also present with copper piping; he stated that with polybutylene the twist or crimp is more likely to work itself out. Councilman Shipman was concerned that it would be a problem if the piping was installed with a crimp and also if any city had refused to approve this system. Mr. Morales answered that as to the question of a pipe -1- 000885 being installed with a crimp or twist, there would be less of a problem with this material than with copper. He also stated that, while some cities are presently reviewing this material, no city has yet refused to use the system. Councilman Adeler wanted to know what type of informa- tion would be supplied to builders about this material. Mr. Morales stated that the company often holds training seminars for the people who will actually be using the pipe. Councilman North wanted to know an approximate cost-savings figure. Mr. Morales stated that in a small home, the saving would probably be 20-30%. In a larger home, it might be possible to save $200-$300. Councilman Shipman wondered if a home- owner would have to go to Frymire to have repairs done. Mr. Morales answered that any plumber should be able to do the repairs, and that the materials needed are readily available for the do-it-yourself repairman. Councilman North wondered if special tools would be needed to work with these fittings. Mr. Morales demonstrated a simple connec- tion and how it would work for the Council. Councilman Adeler wanted to know how long a system using this piping had been in use. Mr. Morales answered that Quest Products had been using this pipe for 10 years and that it had been used in Austria as long as 13 years ago. Councilman Shipman had a question about the warranty and was told that the pipe was guaranteed in writing for 25 years. Mr. Morales stated that this system has been underwritten by Fox & Jacobs. Councilman North wanted to know if Frymire Engineering was using this system exclusively and was told that they were. After further brief discussion, Councilman Shipman made a motion to approve the use of this polybutylene plumbing pipe in The Colony. Seconded by Councilman North, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 17. CONSIDERATION OF THE PLACEMENT OF STOP SIGNS ON STRICKLAND AT MILLER Mr. I. R. Bradburry was present to bring the Council up to date on this situation. The question of a four-way stop at this intersection had been looked into by our Traffic Administrator, Mike Cummings, and a letter had been written by Mr. Cummings on this subject but had not yet been received. There was nothing found in the Uniform Traffic Manual to prohibit this four-way stop. Councilman North made a motion to install these four-way stop signs at Strickland and Miller. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 3. CONSIDERATION OF APPOINTMENT TO CITY COUNCIL PLACE 5 AND ADMINISTRATION OF OATH Mayor Turner asked for nominations from the Council for this position. Councilman Adeler made a motion to nominate Mr. Charles Dodds for City Council Place 5. Seconded by Councilman North, the roll call vote was as follows: Ayes: Councilmen North and Adeler Noes: Councilmen Upchurch and Shipman Mayor Turner then cast the deciding vote, as per the Charter in a tie situation: Aye: Mayor Turner At this time, Mayor Turner administered the Oath of Office to Council- man Charles Dodds, and he was then seated at the table. Before moving to the next agenda item, Mayor Turner announced that the Municipal Utility District Board would be appointing a new member Thursday, June 18, at their regular meeting; he stated that Bob Hauck and Sandra Shearer, who were present at this meeting, would be glad to have any suggestions for this appointment. 6. PRESENTATION TO RON UNDERWOOD, FORMER PRINCIPAL OF CAMEY ELEMENTARY SCHOOL -2- 000886 Mayor Turner introduced Rick Herold, Director of Parks & Recreation, who was present at the meeting to present a plaque to Mr. Ron Underwood contributed by friends of Parks & Recreation. Mr. Underwood is leaving Camey and will be at Hedrick Middle School for the coming school year. Mr. Herold wished to thank him in this way for his cooperation in working with the Parks & Recreation Department and letting them use the school facilities for many of their programs. Mr. Herold stated that Mr. Underwood was one Of the first people in the community to support his department. At this time, Mayor Turner also made a presentation to Mr. Underwood of a framed Mayor's Certificate for his work in the community. Before moving to the next agenda item, Mayor Turner announced that the reason for administering the Oath of Office to Mr. Dodds and seating him at this time was so that the Council could have the benefit of his ideas and help with the upcoming budget process especially and other important matters. He stated that Mr. Dodds was free to comment, ask questions and vote if he felt qualified, at this time. 4. REAFFIRMATION OF CITY HOME RULE CHARTER BY CITY COUNCIL MEMBERS Mayor Turner announced at this time that in view of the fact that there were new members on the Council and a new city manager was due to report July 6, the Council at this time wished to publicly affirm the fact that they intend to uphold the Home Rule Charter of the City of The Colony as the law of the city. Councilman Shipman made a motion that the Council would abide by the provisions of the Charter. Seconded by Councilman North, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Turner also responded aye, just for the record, as he does not have a vote except in a tie situation. 5. CONSIDERATION OF ELECTION OF MAYOR PRO TEM Councilman Adeler nominated Councilman Shipman for another term in the position of Mayor Pro Tem. Seconded by Councilman Upchurch, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 8. RECEIVE QUARTERLY REQUEST FROM CYSA FOR THE USE OF CITY HALL FOR ORGANIZATION MEETINGS Mayor Turner at this time recognized Mr. Rex Lollar, President of the Colony Youth Soccer Association, who was present to make this request of the Council. He stated that the association appreciated the use of city hall during the last quarter. Janice Carroll stated that they had been leaving everything in good order after their meetings. Coun- cilman North wondered why they had to come back before the Council each quarter and make this request. Councilman Shipman explained to him that the reason is that the Council has a policy concerning the use of City Hall which requires this, and Mayor Turner added that it serves as a good reminder for the Council in case there might be any conflicting meetings scheduled. Councilman Adeler brought up the fact that in the case of a possible conflict in the future, the new Texas Power & Light building has a meeting room that might be available. Councilman North then made a motion to approve the use of City Hall by CYSA for the coming quarter. Seconded by Councilman Dodds, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None -3- 9. PUBLIC HEARING ON APPLICATION OF CATV FOR A CHANGE OF ZONING FROM SHOPPING CENTER TO SPECIFIC USE PERMIT ON A TRACT LOCATED ON FM 423 NORTH OF SOUTH COLONY BOULEVARD Councilman Shipman made a motion to open this Public Hearing. Seconded by Councilman Adeler the motion was passed by the following vote: Ayes: All members present voted aye Noes: None At this time, Mayor Turner recognized Mr. John Rischer of CATV, who was present at the Public Hearing to request a specific use zoning for a microwave receiving tower. The tower will be 135 feet in height from the ground, and it is for the reception of four Taggert educational channels. Councilman Adeler asked if this tower was for educational programming only snd was told that this was correct. These channels will connect Colony schools with other schools in the LISD. Councilman Adeler also stated that he has had calls from residents who were concerned that this tower would be unsightly and possibly devalue property in the area; he asked if Mr. Rischer could respond to these concerns. Mr. Rischer answered that in his opinion the tower would not devalue anyone's property. He stated further that the reason for this request was that the Council had stated that they wanted this service, and this microwave tower is the only way the service can be provided. He felt that this tower is something that most people would become accustomed to in time, however, he did state that if someone really strongly disliked it, they probably would not change their mind. Councilman Adeler then asked if there was any danger in connection with the tower and was told there was not. Mayor Turner wanted to know about public access and public service broad- casts. He was told that these services would not be handled by this tower; it is a one-purpose tower only. Councilman Dodds wanted to know if there would be any visible wires. Mr. Rischer said that the tower will be freestanding. Mr. Rischer stated further that at their meeting, the Planning & Zoning Commission had been concerned about a ladder on the side of the tower which might be climbed by children. Mr. Rischer ex- plained that this ladder begins 20 feet off the ground; he also explained that the tower is immediately adjacent to the CATV building, which will be manned 24 hours per day making it very difficult for anyone to simply walk up and climb the ladder. Councilman North wanted to know if this facility would be fenced. Mr. Rischer was not sure at this time. Mayor Turner asked if the closest house behind the tower site was as close as any house could be and was told that this was correct. Mayor Turner then asked if there were any comments from the audience. Mr. Bradburry recommended that a beacon be installed on top of this tower. Councilman Shipman and Mayor Turner wanted to know if this tower was 135 feet in height from the ground, and they were told this was correct. Councilman Adeler wished to know if the tower would be inspected the same as any other structure and was told that it would be. Councilman Shipman then made a motion to close this Public Hearing. Seconded by Councilman North, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 10. CONSIDERATION OF PASSAGE OF ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE FROM SHOPPING CENTER TO SPECIFIC USE CLASSIFICATION At this time Mayor Turner read aloud the following ordinance 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 TO SPECIFIC USE PERMIT FOR A MICROWAVE RECEIVING TOWER 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 Adeler made a motion to approve this ordinance. The motion was seconded by Councilman North. Councilman Adeler then asked what the term microwave referred to. Mr. Rischer explained briefly that this is a process -4- 000888 of beaming a signal through the air. This beam takes the place of lines or wires. Councilman Dodds then asked Mr. Rischer if CATV could follow the terms of their franchise with the city if this ordinance was not approved. Mr. Rischer replied that this would not be possible. Council- man Dodds then wondered if these microwave signals would interfere with other television reception or citizens band radios in The Colony and was told that they would not. Mayor Turner then called for a vote on the motion on the floor, and it was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 11. RECEIVE CATV REPORT Mr. John Rischer presented this report to the Council and members of the audience. He spoke about progress of the work and when cable service could be expected in various areas. He stated that all work should be completed by June or July of 1982. The first phase, which is an area bounded by Strickland, Paige Road, FM 423 and the south city limits, should be completed by approximately July 18, 1981. Phase 2 will extend the north boundary to North Colony Boulevard, and Phase 3 will take in the rest of The Colony as presently constructed. The approximate date for completion of Phase 2 is September 30, 1981. Councilman Shipman asked how someone should go about signing up for the cable and Mr. Rischer replied that all they had to do was call The Colony CATV office. Then Councilman Shipman had questions about some of the extra features of the cable service; weather warnings and Tocom. Mr. Rischer stated that these features should be complete by approximately June or July, 1982. Council- man Adeler wished to know if the warning system tied in with security and, if so, would this be in effect immediately. Mr. Rischer stated that the warning system and security were connected but he was not sure about when this would be operative. Mayor Turner inquired about signups to date and was told that so far 314 families had signed up for the cable. Councilman North wished to know if the entire building would be brick and was told that the brick would only be on the front and partially on the sides. Councilman Shipman asked if the whole system would be turned on at one time and was told that this was correct. 12. CONSIDERATION OF PRELIMINARY AND FINAL PLAT FOR GRIFFIN SQUARE SHOPPING CENTER Councilman North made a motion to table this agenda item. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 13. CONSIDERATION OF INTERLOCAL CONTRACT WITH THE MUNICIPAL UTILITY DISTRICT Janice Carroll reported that this contract had been reviewed by Rob Dillard, city attorney, and Police Chief Nick Ristagno, and they found no problems with it. Councilman Shipman moved to approve this contract with the notation that there might possibly be a problem of jurisdiction in one area. Seconded by Councilman North, the motion was approved by the following roll call vote: Ayes: Councilmen North, Upchurch, Adeler and Shipman Abstention: Councilman Dodds 14. PUBLIC HEARING ON APPLICATION OF THE CITY TO AMEND THE COMPREHENSIVE ZONING ORDINANCE TO REQUIRE A SPECIFIC USE PERMIT FOR ESTABLISHMENTS SERVING BEER, WINE OR LIQUOR Councilman North made a motion to open this public hearing. Seconded by Councilman Shipman, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None -5- 000889 Mayor Turner asked if there were any comments from the Council on this application. Councilman Shipman suggested that this public hearing be continued to a future regular meeting, so that the new Councilmembers could have time to study the ordinance. There being no comments from the audience, Councilman North made a motion to continue the public hearing to July 6. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 15. CONSIDERATION OF PASSAGE OF ORDINANCE AMENDIN~ THE COMPREHENSIVE ZONING ORDINANCE Councilman Dodds made a motion to table this item, as it cannot be handled until Item 14 is completed. Seconded by Councilman North, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None 16. CONSIDERATION OF SOLID WASTE MANAGEMENT CONTRACT NEGOTIATIONS AND BILLING CONTRACT Janice Carroll presented to the Council a telephone survey which she had conducted with several cities as well as several garbage collection firms. She recommended that we advise the Municipal Utility District that the city is definitely going to pursue this before they hold their Board meeting on June 18, as per a request from Mr. Tom Forrest, Director. Councilman Shipman commented that people expect a city to handle and have the ability to control garbage p<ickup, and he could see no real disadvantage to this. Councilman North noted that it might be a disad- vantage that the city does not have the facilities to do the billing; this would still have to be handled by the Municipal Utility District. After further brief discussion, Councilman North made a motion that the city take over the garbage collection service, advertise for bids, and then draw up a franchise agreement with the most desirable firm. Seconded by Councilman Upchurch, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 18. CONSIDERATION OF REQUEST FROM DENTON COUNTY COMMISSIONERS COURT TO ESTABLISH A POPULATION FIGURE FOR THE AMBULANCE SERVICE CONTRACT Janice Carroll explained that the Denton County Commissioners Court had requested that we establish this figure, and she stated further that a figure of 14,384 had been arrived at by multiplying residential hookups by a factor of 3.2. Councilman Adeler made a motion to establish this population figure of 14,384. Seconded by Councilman North, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 19. CONSIDERATION OF ESTABLISHMENT BY MOTION OF A PER-CAPITA COST INCREASE ON DENTON COUNTY AMBULANCE CONTRACT Janice Carroll explained that Fire Chief Ronnie Gothard was unable to attend this meeting, but she did state that Mr. Gothard had recommended a 30% increase based on an increase of 10% per year. This request is based upon increased fuel costs, supply costs and a higher level of skills. Councilman Shipman made a motion to establish the increase of 10% per year making a per-capita increase from $1.50 to $2.00. Seconded by Councilman North, the motion was approved by the following roll call vote: Ayes: Ail members present voted aye Noes: None -6- O008 dO There being no further action to be taken by the Council, Councilman North made a motion to adjourn the meeting. Seconded by Councilman Dodds, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Mayor Turner adjourned the meeting at 10:15 p.m RNER, .~f~OR ATTEST: CITY SECRE1~ARY -7-