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HomeMy WebLinkAbout11/04/1981 City Council 000998 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON NOVEMBER 4,'1981 A REGULAR SESSION 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 Norman Adeler CounCilman Charles Dodds Councilman and with no members absent; thus, a quorum was established. 1. BRIEFING SESSION The City Council did meet in the City Manager's office to review the following agenda items, however, no action was taken at this time. 2. CITIZEN INPUT Bob Brown was recognized at this time. He stated that Article 8.06 of the City's Home Rule Charter did specify the ballot form that would be used in presenting an initiated or referred ordinance to the voters of the City. He stated that a ballot shall state the caption of the ordi- nance and below the caption shall set forth on separate lines the words: "For the Ordinance" and "Against the Ordinance". He advised that the ballot used in the November 3 election did not follow this form and created confusion for many voters. He urged the Council to not follow this format in any future elections. 4. RECEIVE REPORT FROM BETA SIGMA PHI REGARDING ANNUAL CHRISTMAS TREE LIGHTING Janice Carroll, City Secretary, advised the Council that the represen- tative from Beta Sigma Phi could not be present at this time and recom- mended that it be tabled until the November 16 meeting. Councilman North so moved that the announcement from Beta Sigma Phi be tabled to the November 16 meeting. Seconded by Councilman Dodds, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 3. APPROVAL OF MINUTES Mayor Turner did return to this agenda item and asked if there were any corrections to the October 19 minutes. Councilman Adeler did state that on Page 9 of the minutes under the agenda heading City Manager's Status Report, the agenda preparation procedures as presented did not reflect the Council's concern regarding Item 4D, a citizen or taxpayer of The City of The Colony. Councilman Adeler suggested that it be so corrected to reflect that the Council did recommend that citizens wishing to appear before them have the option to appear under ticizen input and that if the item was of such a nature that action was needed by the Council, this be put on the agenda immediately through the Mayor, a Councilmember, City Manager or City Secretary. Councilman North also noted a second correction to the minutes. Under agenda Item No. 8 which was the Resolu- tion of Intent regarding the need for a full service hospital, his state- ments to the Council after the resolution had been passed had not been included in the minutes, and he requested that this be attached as an addendum to these minutes. The Council agreed, although Councilman Dodds did request that a copy of this amendment be presented to them. It was so noted. At this time, Councilman North moved to approve the minutes with the corrections requested. Seconded by Councilman Adeler, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 000999 5. CONSIDERATION OF CANVASS OF MUNICIPAL ELECTION HELD ON NOVEMBER 3, 1981 Councilman Dodds moved that the returns of this municipal election be canvassed at. this time. Seconded by Councilman North, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Janice Carroll, City Secretary, presented to the Council the Returns ~ from the election and advised the City Council at this time of their duties while acting as a Canvassing Board. She did note that the original vote count of 700 had been changed to 699. After reviewing these documents, Mayor Turner read aloud the complete Canvassing document as follows: THE COLONY, TEXAS November 3, 1981 CANVASS OF RETURNS AND DECLARATION OF RESULTS OF THE ELECTION BE IT REMEMBERED that on this 4 day of November, 1981, 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 following business was transacted. Upon motion of Councilmember Dodds and seconded by Councilmember North, it was unanimously ordered that the City Council consider the official returns of an electiOn held in the City on the above mentioned date, for the election of Councilmembers, Places 2 and 4, and to vote upon an initiated and an alternative ordinance proposed by the Council. WHEREUPON, said official returns were opened, examined, canvassed and the results declared as follows: WHEREAS, heretofore, the City Council of the City of The Colony, Texas, called an election to be held in the City on November 3, 1981, for the purpose of filling vacancies in the offices of Councilmembers, --' Places 2 and 4, to fill unexpired terms ending in April, 1983 and in April, 1982, respectively, and for the purpose of submitting a proposi- tion to the voters to choose between an initiated and an alternative ordinance proposed by the Council; and, WHEREAS, immediately after said election, the Presiding Judge and other officials holding said election made their returns as follows, and said returns being made according to law, and duly authenticated, and it being shown that written notice of said election was posted for the time and in the manner provided by law, and all other proceedings pertaining to said election having been shown to have been done and performed at and within the time and in the manner provided by law, and all papers pertaining thereto having been returned and filed with the City Council and no protest or objection being made to or regarding any matter pertaining to said election; NOW, THEREFORE, be it resolved by the City Council of the City of The Colony, Texas, after examining said returns and opening and canvassing the votes of said election, that the results of said election are as follows: That the following number of votes were cast for the following named candidates for the office of Councilmember Place 2, to fill the unexpired term ending in April, 1983, to wit: NAME NUMBER OF VOTES Larry D. Sample 341 ~ Russ Stoffregen 99 John J. Twomey, Jr. 171 Prentice A. Ables, Jr. 64 It appearing that Larry D. Sample received a majority of all votes sast for all candidates for the office of Councilmember Place 2, he is hereby declared to be elected to the office to serve after qualifying for said term ending in April, 1983. That the following number of votes were cast for the following named candidates for the office of Councilmember Place 4, for the unexpired term ending in April, 1982, to wit, NAME NUMBER OF VOTES James Althaus 52 Robert Lux 277 Tom Arrambide 46 Charlie E. Parker 288 --2-- 001000 It appearing that no candidate received a majority of all votes cast for all candidates for the office of Councilmember Place 4 for the term ending in April, 1982, it is hereby declared that a runoff election shall be called between Robert Lux and Charlie E. Parker, the two candidates receiving the highest number of votes. That the following number of votes were cast for the initiated ordi- nance and for the ordinance proposed by the Council, to wit: ORDINANCE NUMBER OF VOTES Initiated Ordinance 281 Ordinance Proposed by the Council 349 It appearing that the Council ordinance received an affirmative majority of all the votes cast for both ordinances, it is hereby declared that said ordinance be, and the same is hereby, effective as an ordinance of the City of The Colony, and the City Secretary is directed to assign to such ordinance the next available ordinance number in sequence and to date said ordinance as of this date. It is further ordered that this canvass and declaration of the results of said election be entered in the Minutes of the City Council and that the officers, after they have qualified and taken their oaths, shall serve during the terms for which they were elected and thereafter until their successors are duly elected and qualified. That this order declaring the results of the election called for November 3, 1981, shall become effective immediately after its passage. DULY PASSED by the City Council of the City of The Colony, Texas, this the 4 day of November, 1981. APPROVED: (S) RICHARD TURNER, MAYOR ATTEST: (S) JANICE CARROLL, CITY SECRETARY APPROVED AS TO FORM: (S) ROBERT L. DILLARD III, CITY ATTORNEY Councilman North moved to approve this Order Declaring the Results of the Election called for November 3, 1981. The motion was seconded by Councilman Dodds. At this time, Janice Carroll did advise the Council that the notices of this election had been posted in a timely fashion. At this time, Mayor Turner 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 6. CONSIDERATION OF ORDER CALLING A RUNOFF ELECTION FOR DECEMBER 5, 1981 Mayor Turner read aloud the following document in its entirety: RUNOFF ELECTION ORDER BE IT REMEMBERED that on this 4 day of November, 1981, 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 follow- ing order, to wit: WHEREAS, in the Election held in the City of The Colony, Texas, on November 3, 1981, no candidate received a majority of all votes cast for all candidates for the office of Councilmember for Place 4 to fill an unexpired term ending in April, 1982, thereby making it necessary.to hold a Runoff Election for such office, and it appearing that Robert Lux and Charlie E. Parker were the two candidates receiving the highest number of votes for Councilmember Place 4, NOW, THEREFORE, IT IS ORDERED that a Runoff Election be held in the City of The Colony, Texas, on the 5 day of December, 1981, for the purpose of electing one Councilmember for Place No. 4 to fill the unexpired term ending in April, 1982. The candidates shall be entitled to have their names printed on the ballot for Councilmember for Place No. 4 for such term. Such names shall -3- 001001 be printed in the same order in which they appeared on the original ballot. No other names shall be permitted on the ballot and no writein votes shall be permitted. The candidate who receives the highest number of votes for the office of Councilmember for Place No. 4 shall be elected to such office for such unexpired term. 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 but legally qualified voters of the City shall be entitled to vote at said Runoff Election. Notice of said Runoff 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. Sue DeLuca is hereby appointed Presiding Election Judge and Diane Kruzich is hereby appointed Alternate Presiding Election Judge to serve at said Runoff Election. The Presiding Judge may appoint Election Clerks for the proper conduct of the election. All judges and clerks shall be qualified voters in the City. Absentee voting for the Runoff Election shall be held at the regular office of the City Secretary at the City Hall Building, 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, Sunday or official state holiday, beginning on the 20th day and continuing to the 4th day preceding the date of said election. Said place of voting shall remain open between the hours of 8 o'clock A.M. and 5 o'clock P.M. After holding said Runoff Election, the Presiding Election Judge shall promptly make return to the City Secretary and the Mayor, and the Secretary shall thereafter present such returns to the City Council for canvassing. The Presiding Election Judge shall be paid the sum of $4.00 per hour, plus an additional sum of $20.00 for his services in delivering the returns of the election. The Alternate Presiding Election Judge and the Clerks shall be paid the sum of $4.00 per hour for their services in holding the election. ORDERED this 4 day of November, 1981. (S) RICHARD TURNER, MAYOR ATTEST: (S) JANICE CARROLL, CITY SECRETARY Councilman Dodds moved that this Order be adopted as presented. This motion was seconded by Councilman North. The motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 7. PUBLIC HEARING--LONE STAR GAS RATE INCREASE REQUEST Councilman Adeler moved to open the Public Hearing. Seconded by Councilman Dodds, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Mr. Savage, City Manager, briefed the CounCil and members of the audience regarding the background of this item. He advised them t'hat the last increase received by Lone Star Gas was in July of 1979, and it was an 18% increase. He stated that Lone Star Gas had filed a Notice of Rate Increase on September 3, 1981, to be effective October 9, 1981, and the Council passed an ordinance suspending this increase for 120 days on September 21, 1981. At this time, he introduced Mr. Randy Roper, Manager of the Frisco area for Lone Star Gas. Mr. Roper introduced Tom Walling, the District Manager of this area and Nancy Umbach of Customer Service. Mr. Roper presented to the Council the cost increases requested by Lone Star Gas due to increased operational expenses. He explained that Lone Star Gas was requesting a rate increase which will result in an -4- 001002 estimated annual revenue increase of $49,416. The purpose of this is to allow Lone Star Gas Company the recovery of expenses and also provide the company with an opportunity to earn a fair and reasonable rate of return upon the investment in The Colony distribution system. Mr. Roper then outlined the billing areas this increase will affect and gave the following comparison based on a monthly MCF consumption of zero: $3.06 present rate; $4.50 proposed rate. He advised that each monthly bill will be adjusted for gas cost. At this time, Mr. Roper asked if there were any questions from the Council or members of the audience. Bob Lux was recognized and asked if this request represented a flat rate increase. Mr. Roper answered that a customer's base rate would increase from $3.00 per month to $3.75 per month. Bob Brown requested a definition of the increased expenses experienced by Lone Star Gas. Mr. Roper stated that these were the expenses incurred distributing only to The Colony and that revenue gained from The Colony pays for these expenses which are primarily labor and equipment costs. Councilman North asked what were the number of residential customers in The Colony. Lone Star Gas has 817 total customers and 29 of these are commercial, Mr. Roper answered. There followed a brief discussion of the general process that Lone Star Gas must adhere to when requesting a rate increase. Mr. Savage at this time did explain that if the Council took no action at a future meeting, then Lone Star Gas could implement this rate increase request, however, the City could adopt a lower rate and Lone Star Gas would then have the right to appeal for relief to the Railroad Commission and on to District Court. Mayor Turner asked for Mr. Savage to define the timetable. He stated that the Council did have 90 days from the October 9 date and a further option for a 30-day extension before the rate could be put into effect by Lone Star Gas. Another member of the audience asked at this time when the next projected rate increase would be. Mr. Walling advised that they filed with the Railroad Commission annually their yearly operation costs and that, historically, a rate increase would be requested every two years because it is not feasible to come more often than 18 months due to the vast amount of document preparation involved. Councilman North asked if natural gas would be available for industrial use. Mr. Walling explained that they do have the lines available and that individual service is provided up to 100 feet for a customer at no charge, however, after the first 100 feet, there is a $4.50 per foot charge for additional line. Mr. Savage advised the Council that there was an 18" distribution line that runs parallel to the Texas Power & Light easement and is adjacent to City Hall property. Some citizens were concerned with the increase in the gate rate charge to customers. Mr. Walling stated that in 1979, the gate rate charge was $1.92 per customer and that now it is $2.46, however, they did explain that as this charge is increased the gas cost adjustment factor will balance this increased cost for customers. After further discussion, Councilman Dodds moved to close the Public Hearing. Seconded by Councilman North, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 8. CONSIDERATION OF VOTING TAX APPRAISAL DISTRICT BOARD BALLOT Mr. Savage advised the Council that in the nomination process they had nominated the existing Board members again. Their votes could go all to one candidate or be divided among candidates as they so decide. After a brief discussion, Councilman Adeler moved that the 90 votes allocated to the City of The Colony be given to Joe Turner. Councilman Dodds seconded this motion, and the motion was passed by the following roll call vote: Ayes: Councilmen Adeler and Dodds Noes: Councilman North 9. CONSIDERATION OF AUTHORIZATION AND BUDGET APPROPRIATION ORDINANCE TO ENTER INTO A LEASE AGREEMENT FOR SPACE FOR PARK AND RECREATION DEPARTMENT AND LIBRARY -5- 001003 Mr. Savage advised the Council that the lease for space in The Colony Square Shopping Center had been reviewed by the city attorney and that The Colony Joint Venture, owners and developers of this shopping center, had agreed to the changes. Section 15.01, referring to taxes has been deleted from the contract, and 21.06 requiring a security deposit of $950 has been waived by the lessor. Mr. Savage further explained that the adopting ordinance not only authorized the city manager to enter into this lease purchase for a 3-year commitment from December 1, 1981 through November 30, 1984, but also appropriated the funds from the contingency reserve account to the Park and Recreation building rental account in the amount of $5,081 and to the Library Department building rental account in --, the amount of $5,081. This transfer is for a total amount of $10,162. He advised the Council that other options have been considered and that the monthly cost for this building would be equivalent to the cost of a portable building at this time. He further stated that he anticipated this building to be used not only as a library and offices for Park and Recreation Department but as a center for recreation activities and some city meetings. The fiscal impact of this would be $15,730 in the 1982-83 budget year and $16,336 in the 1983-84 budget year. Councilman Adeler did state that he did feel that this building should be used for activities other than library and recreation offices. Mr. Savage assured him it could be used for other activities even during the weekday hours. Councilman Adeler also asked if the Friends of the Library had seen the facility. At this time, Mr. Savage stated that only he, the Mayor, Rick Herold and Mr. Bradburry had been inside the building. Councilman Dodds asked if it was accessible for the handicapped. Mr. Savage said the restrooms would be the only problem in this area. Councilman Dodds also questioned the cost of a phone system, and Mr. Savage stated that those costs had not been studied but, in all probability, they would go with separate listings rather than tie into the present phone system. Mayor Turner asked if the bookshelves would be permanent fixtures in this building, and was advised by Mr. Savage that the library was purchasing freestanding metal shelving units which can be moved. Mr. Savage also clarified to Councilman North that the amount budgeted in this budget year was based on a 10-month lease period. Mayor Turner recognized Bob Brown, a member of the audience, who asked for further clarification on the term of the lease. Mr. Savage advised again that it was for 36 months. Assured of this term, Mr. Brown stated that in accordance with Section 10.06 of the Home Rule Charter dealing with appropriations, this did not provide for funds of the city to be expended or obligated except pursuant to the annual appropriation ordinance. Mr. Savage agreed, that this was a point that must be taken under consideration and suggested that possibly an "out-funding clause" included in the lease could bring the lease into compliance with the Charter regulations. He further stated that he felt there would be no penalty involved in this type of clause. John Twomey, a member of the audience, asked who the city was assuming this lease from and when it was due to expire. Mr. Savage explained that Fox & Jacobs had leased this space for three years and that the city was leasing at the "improved" rates which is somewhat less than existing rates, and the city does have the further advantage that the interior of the space is complete. Based on Mr. Brown's comments regarding the obligation of funds for more than a year, Mr. Savage suggested that the Council table this ordinance for further review. Councilman Dodds moved to table this ordi- nance until the November 16 meeting date. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 10. CONSIDERATION OF AUTHORIZATION TO ENTER INTO A CONTRACT FOR JAIL SERVICE WITH DENTON COUNTY Mr. Savage advised the Council that the Commissioner's Court had increased this fee, although he did feel that.the fee is still a reasonable one in terms of the County's expenses. He did remind the Council that this would involve the City only when dealing with Class C misdemeanors and should impact the budget by only $2,500 as estimated by the Chief of Police, N. C. Ristagno. Generally, the persons arrested by our Police Department do post -6- 00100 bond and are out of jail within 12 hours, which is a cost to the city of $9. Councilman North asked if the $18 would be charged daily to the City if someone arrested opted to serve their term in jail rather than paying a prescribed fine. Mr. Savage advised that, of course, this would be the cost to the City; however, the City is presently working with Denton County to establish a work-release program for adults. We now have a similar program in effect for juveniles in the City. Helen Gray, a member of the audience, stated that in her opinion the citizens of The Colony were having to pay twice for jail facilities. Mr. Savage reminded her that most cities provide their own jail, and it is the city's responsibility to do that. We, in turn, are using County facilities for people arrested for city offenses. Mayor Turner then read aloud the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR JAIL SERVICES WITH DENTON COUNTY, TEXAS; ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Councilman North moved to approve the passage of this ordinance. Council- man Adeler seconded this motion. At this time, Councilman Dodds asked if a contract with Lewisville would be a possibility. He was advised that it had been looked into years ago, and Lewisville did not have ade- quate facilities to provide the service. Councilman North asked why this contract did not provide for a term. After a brief discussion, it was agreed that terms were not needed since it was a users fee only. At this time, Mayor Turner 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 11. CONSIDERATION OF RESOLUTION ADOPTING AGENDA PROCEDURES Mr. Savage noted that the minutes of the October 19 meeting did reflect a correction regarding this procedure. At this time, he recommended that the Resolution be corrected by eliminating 4d and allowing citizens only through citizen input. Councilman North disagreed with this correction of procedure as this allowed only the Mayor, a councilmember or the City Manager the right to place anything on the agenda. Janice Carroll, City Secretary, stated that in other cities generally a written form was pro- vided to citizens who would like to request to appear before the Council, and she did ask that the Council clarify the administrative procedure based upon this Resolution. Further, she did state that she did not want to be responsible for placing items on the agenda although she did feel that she did have the ability to appear before the Council and Mayor as she was appointed by them and worked directly for them. There followed a lengthy discussion regarding the possible procedure. Bob Brown, a member of the audience, was concerned that this procedure primarily de- pended upon oral conversations with Councilmen who, in turn, would orally give the message to the City Secretary that an item be placed on the agenda. Larry Sample asked for a definition of taxpayer. Mr. Savage stated that this applied primarily to a property tax, not a sales tax, however, it could be changed to property owner rather than taxpayer. At this time, Councilman Dodds read the corrected Resolution, as follows: WHEREAS, the City Council does agree that it is in the best interest of all concerned to establish guidelines for the preparation of an agenda for City Council meetings, and WHEREAS, the Home Rule Charter does not provide a procedure for this preparation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: 1. The deadline for posting the City Council agenda shall be 3 p.m. of the day three calendar days prior to the regular or special City Council meeting. The deadline for posting the agenda for emergency meetings is two hours before the meeting. -7- 001005 2. Items may be placed on the agenda by notifying the City Secretary at least three hours before the specified posting time. 3. Items placed on the agenda must be of sufficient clarity to enable the general public to determine the nature of the issue for consideration and the type of Council action required. Compli- ance with the provisions of the Open Meeting Act is required in the wording of agenda items. 4. Provided the above procedures are observed, items may be placed on the agenda by the following: a. The Mayor, a Councilmember or the City Council. b. The City Manager. c. The City Secretary. d. A citizen or property owner through the Mayor, Council or City Manager. The intent of this section is to allow matters to be brought before the City Council that concern City business. Matters that are not related to City business should not be placed on the City Council agenda. 5. Matters that have been voted on by the City Council shall not be placed on the agenda for reconsideration within six months, unless a majority of the City Council votes affirmatively to reconsider the matter in question. 6. Ail regular meetings shall include an agenda item for citizen input. Citizens wishing to inform the City Council of problems or concerns or wishing to ask questions about City business should be given the opportunity to do so under the heading of "citizen input". --- PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ON THE 4 DAY OF NOVEMBER, 1981. (S) RICHARD TURNER, MAYOR ATTEST: (S) JANICE CARROLL, CITY SECRETARY Councilman Dodds then moved to approve the Resolution as corrected. Seconded by Councilman North, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 12. RECEIVE CITY MANAGER'S STATUS REPORT Mr. Savage advised them that he had been in contact with the Federal Emergency Management Office since the city is not involved with the flood insurance program. At this time, he showed the Council pictures taken on Paige Road by a citizen who lived adjacent to this area and did receive minor water damage in his home. Mr. Brown, a member of the audience, stated that the Municipal Utility District has been aware of this problem on Paige Road regarding drainage but as of this date has done very little to correct the situation. After further discussion, Mr. Savage advised the Council and citizens that he is presently working with the IBM attorney and Tom Forrest, Manager of the Municipal Utility District, regarding this drainage problem on Paige and Yager and will report back to the Council on their findings. However, he emphasized that last Saturday the rains would have exceeded any reasonably designed facilities as, informally, these rains could have been defined as a "100-year rain", and most drainage facilities are built only for a 25-year rain capacity. Further, he added that the erosion in that area must be checked before some structural damage -8- 001006 is caused. At this time, Mr. Savage gave the Council a brief report regarding the status of the construction in the following parks as outlined in an update report prepared by Rick Herold, Director of Parks and Recreation: TURNER STREET CObH~UNITY PARK: Ail major dirt work has been accomplished. (Heavy rains have created some flooding at the park and will require some touch up.) Restroom/concession foundation will be poured tomorrow (Nov. 5). Parking lot of crushed stone is near completion. Approaches to parking lot have been completed. JOHN W. BRIDGES PARK: Ail major dirt work has been accomplished. Restroom/ concession foundation will be poured. Sewer line is in. Water tap is completed. Backstop is up (without mesh).' Dirt work on'tennis courts is completed. NORTH COLONY: Ail major dirt work has been accomplished. Backstop is up excluding mesh. Parking lot of crushed stone is near completion. Approaches to parking lot have been completed. GREENWAY PARK: No work has been done to date. Mr. Savage advised that they were 35-40 days behind in construction due to the rain. Councilman North asked if an extension was needed, and Mr. Savage advised that it was not at this time. In meeting with the County Health Department this past week, Mr. Savage advised that he had requested information regarding the contract with the department to provide regular inspections for food-handling establishments. Mr. Savage advised the Council that, at the state level, a certified sanitarian must have a college degree in a health-related field and one year of training and that, of course, we do n0t have anyone on our staff that has these qualifications. He said that he would be getting back to the Council on this item. The Traffic Engineer has completed a report regarding the establishment of a school zone on Paige Road and an ordinance will be prepared to be placed on the next agenda. The Haunted House, sponsored by The Colony Volunteer Fire Department, was a huge success, Mr. Savage reported, and raised $527 to help needy families in The Colony at Christmastime. He told the Council that one complaint had been received regarding a fireman responding to a call and that Chief Gothard was presently reviewing the rules and regulations regard- ing their conduct in this area. Mr. Savage presented to the Council the request from Ron Walden with Fox & Jacobs to go to cottage models in Section 32. The purpose for this request is to allow Fox & Jacobs to have most of their models closer to 121 on the south side of the city, and this would also allow them to build cottages with a brick veneer rather than the existing stucco. Councilman North stated that he was concerned that this would create a radical mix of home styles in an area that will eventually become residential when model homes have been sold, and it was his recommendation that they build brick veneer cottages on Chowning Circle adjacent to the stuccos. Councilman Dodds stated that he strongly objected to this as in their original request for this area they had assured the Council that only Accent and rear-entry models would be built in this area. Councilman Adeler stated they would certainly need more information before any kind of request like this could even be considered at this time. Mr. Savage stated that he would tell Mr. Walden that additional information must be presented in a formal request to the Council. Councilman Dodds requested that the city manager look into the feasibility of placing a four-way stop at Blair Oaks and Nash Drive. This has been a concern of many citizens. -9- 001007 13. CLOSED DOOR SESSION A. JUDGE APPOIN~ENT B. BOA~ APPOIN~ENTS C. GOALS CO~ITTEE APPOIN~ENTS Mayor Turner advised the members of the audience that the Council would now meet in a closed-door session as authorized by Article 6252-17 of VACS, as amended, and that, due to the lengthy process to interview four applicants for the position of Municipal Judge, he did doubt that any decisions would be made regarding board appointments at this t~e. 14. CONSIDE~TION OF APPOINTMENT OF MUNICIPAL COURT JUDGE Councilman North moved that Charles Fiscus be appointed as Municipal Court Judge for the City of The Colony. Seco~edby Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Councilman Dodds noted that the prosecutor, Ed Burke, had applied for this position, but he did feel that he was doing such an excellent se~ice to the city as prosecutor that he preferred that he stay. 15. CONSIDE~TION OF BOARD APPOIN~ENTS A. PLANNING AND ZONING CO~ISSION B. BOA~ OF ADJUSTMENT AM APPEALS C. LIBRARY BOARD D. GOALS CO~ITTEE Councilman Dodds moved that Gene Poole be appointed to the Board of Adjust- ment and Appeals. Seconded by Councilman North, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Councilman North moved that the other board appointments be tabled until the November 16 meeting date. Seconded by Councilman Dodds, the motion was passed by the following roll call vote: Ayes: Ail members present .voted aye Noes: None There being no further action to be taken by the Council at this t~e, Councilman North moved that the meeting be adjourned. Seconded by Councilman Dodds, the motion was passed by the following vote: Ayes: All m~bers present voted aye Noes: None Mayor Turner adjourned the meeting at 11:56 p.m. ATTEST: j C U aOL -10-