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HomeMy WebLinkAbout11/16/1981 City Council 001009 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON NOVEMBER 16, 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. ADMINISTER OATH OF OFFICE TO COUNCILMAN LARRY D. SAMPLE Mayor Turner stated that in the election held November 3, 1981, Larry D. Sample was elected to the position of Councilman Place 2, and at this time he would like to administer the Oath of Office. The oath was so administered and Councilman Sample took his place at the table. * · At this time, Councilman Sample did take his place at the Council table and partici- 2. APPROVAL OF MINUTES pated in the meeting. Councilman Dodds moved that the minutes of the regular meeting held on November 4~ 1981, be approved as presented. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 3. CITIZEN INPUT Mayor Turner noted that Robert Hauck ws the only person that had signed to speak before the Council at this time. Mayor Turner then recognized Mr. Hauck. Mr. Hauck stated that he would like to comment regarding the general attitude of elected officials toward the city. He related this to Mayor Turner's comment in a recent newspaper article comparing The Colony to the City of Addison. He stated if a good comment could not be made then no comment at all should be made. 4. RECEIVE PROPOSAL FROM TRINITY PRESBYTERIAN CHURCH REGARDING LIBRARY FACILITY City Manager Dan Savage stated that he did meet with the representatives from this church this Monday morning to discuss the feasibility of their offer to the city. After this discussion, the representatives of the church were in agreement that this offer would not be a feasible one for the city to consider at this time and would not suit either party's interests. He explained to the Council that the cost for the 2300-square- foot building is $80,000. In order for the city to use it effectively, it must be moved into the city at an estimated cost of $20,000. A new structure would compare to this cost of $100,000. Councilman North stated that, as a member of the church, he did agree that this was not a feasible purchase for the city at this time. 5. CONSIDERATION OF ORDINANCE AUTHORIZING LEASE AGREEMENT ON SHOPPING CENTER SPACE Mr. Savage stated that Bob Brown at the last regular meeting had mentioned that the three-year term of the lease did not meet Charter requirements. Mr. Savage at that meeting did suggest an out-funding clause and requested that Rob Dillard, attorney for the city, prepare same. At this time, Mr. Savage told the Council that the clause has been prepared, the owners of the shopping center are satisfied, but their attorney is presently reviewing it. At this time, Mr. Savage reviewed again the terms of the contract and presented a layout of the facility. Councilman Adeler was concerned if the rooms were large enough for book storage and if the Library Board has had an opportunity to see the layout. Mr. Savage advised them that the rooms were large enough for storage of books -1- 001010 and that the Library Board did have a meeting planned for this Thursday and would review the facility. Councilman Adeler asked if there was a sign to identify this. Mr. Savage stated that this would be, of course, the next project contingent upon the signing of the contract. Prior to voting, Mr. Savage again clarified that in Section 15.01 of the contract, the last sentence regarding property taxes should be struck. In Section 21.06, the security deposit in the amount of $950.00 is removed; and in Section 23, an "Outfunding" clause has been added. Mr. Savage also explained the transfer of funds that this ordinance also authorizes. $10,162.00 will be removed from the contingency reserve account for monthly rental fees and a common-area maintenance charge. Of this sum, $5,081.00 will be transferred to the Park & Recreation Department building rental account and the additional $5,081.00 will be transferred to the Library Department building rental account. This transfer of funds does constitute an amendment to the city's budget for the 1981-82 fiscal year. Councilman Sample stated that he was concerned that Section 15.02 allowed a tax increase to be passed along to the tenant after the first year. Mr. Savage explained that indeed that was correct and the city would be subject to this increase, but he felt that it was a fair clause; however, Mr. Savage did agree that some exposure is there. At this time, Mayor Turner read aloud the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE WITH THE COLONY JOINT VENTURE; AUTHORIZING THE APPROPRIATION OF FUNDS; ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Councilman Dodds then moved to approve the passage of this ordinance and the signing of the contract being contingent upon the approval of the attorney for The Colony Joint Venture. This motion was seconded by Councilman North, and was passed by the following roll call vote: Ayes: All members present 9oted aye Noes: None 6. CONSIDER REQUEST FROM TOWN OF EASTVALE FOR POLICE SERVICE Mr. Savage stated that The Colony in the past has provided backup to the Town of Eastvale when situations arose and, in one instance, The Colony has been sued for their involvement in this particular incident. It is our attorney's opinion that before we provide any service to another municipal jurisdiction, a mutual aid agreement should be signed by all involved; however, in recent meetings with the Town of Eastvale, it is now requested that the City of The Colony look into a contract which will provide complete police protection to the town. At this time, Mayor Janet Conrad was recognized. She presented to the Council, with a cover letter from herself, the resolution that was passed by her Board of Aldermen at a recent meeting requesting that the City of The Colony negotiate with the Town of Eastvale to provide police protection to their town. She added that assistance for their officers has always been a problem and they cannot afford to provide adequate police protection for their town. There followed a lengthy discussion regarding the pros and cons of this type of contract. Councilman North stated that he felt the cost for this contract should be at least the cost of one officer to the City of The Colony and he was concerned if the citizens of Eastvale could bear this expense. Mr. Savage clarified that he and Chief Ristagno had met with the Town of Eastvale but cost negotiations have not been mentioned at this point. Chief Ristagno stated that in his mind he and his men did have a moral obligation to assist a town so close to The Colony. At this time, Councilman Dodds made the motion to direct the city manager and staff to negoitate a contract to be brought back to the Council for review. This motion was seconded by Councilman Adeler; however, prior to voting, Councilman Sample asked what the population and tax rate was for the Town of Eastvale. Mayor Conrad stated that the population is now 500, and they pay a 25¢ tax per $100 evaluation. Mayor Turner asked Mayor Conrad what other options Eastvale might have. Janet Conrad stated that only County assistance and, unfortunately, the Sheriff's Department has a large area to cover with too few men. Councilman North stated that the law, in fact, does create an unfortunate situation and that the City Council does feel a moral obligation to help the Town of Eastvale and -2- 001011 hopes that it can work out harmoniously. Councilman Sample asked what are the approximate number of calls answered by The Colony in Eastvale. Chief Ristagno stated that it was probably no more than two to four calls a week and has not created a burden upon the department at this time. Councilman North then asked how calls are handled, and a discussion of priorities ensued. Mr. Savage told the Council that another area that could be looked into is a contract for municipal court services also. Mr. Bob Brown, a member of the audience, was recognized and stated that he was concerned that the city in entering into this contract was providing only a private security patrol for the Town of Eastvale. Mr. Savage clarified that this was in accordance with the state statutes allowing inter-local agreements and not a mutual-aid contract. Again, Mr. Brown was recognized and also stated that he had concern regarding liability. Mr. Savage stated that he, too, had concern regarding liability, and this would be reviewed during the negotiations. At this time, Mayor Turner called for a vote on the motion on the floor. The motion passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 7. RECEIVE REPORT FROM FOX & JACOBS ON MODEL COMPLEX Mr. Savage introduced Ron Walden and Dave Losy, representatives from Fox & Jacobs present tonight. Mr. Walden presented to the Council the proposed model complex plan and reviewed Fox & Jacobs' new selling concept for The Colony. He stated again that the reason to put the majority of the model homes in the southern part of the city was simply to provide more visibility and to provide easier access from Paige Road. He also stated that they planned to include in the new models many of the newer options now available. Mr. Walden further stated that Fox & Jacobs now intended to cooperate with the city and business in developing the city in accordance with the new master plan. Fox & Jacobs also intended to bring additional land into The Colony and, further, to develop neighbor- hood identity by naming subdivisions. At this time, he presented the plat showing a multi-product model complex which pictures part of the street covered by dirt and landscaped. This effect creates an 1890s gazebo-type park area with access to all of the model homes by sidewalk only. He did point out that all hoems including the "cottage" or smaller product lzne .;would have rear entry garages. This model park will create an image of a certain lifestyle in The Colony rather than advertise a Today, Accent or Flair home product. Mr. Savage also advised the Council that the MUD had reviewed these plans and did agree that a temporary lift station could handle these added developments. The city staff had reviewed these plans, and they have been approved with the exception of the relocation of one fire hydrant or possibly extra hose to be provided by Fox & Jacobs. Mr. Bradburry, Director of Community Development, did agree with Mr. Savage that he had reviewed these plans and saw no problems with this concept except the relocation of the fire hydrant. Councilman Dodds stated again that there would be no front-entry garages. Mr. Walden said there would not be any front-entry garages in this particular complex but there might possibly be later on when other areas are developed. Councilman North stated that he was in favor of leaving the duplexes and the cotrtages in the same area. Mr. Walden said that they were concerned with the beginning of construction on FM 423 and would like to move most of their single-family models into this one model complex. Councilman North again stated that he was concerned with the blend of homes in this area. Councilman Sample stated that, when these homes were ready to sell, he would like them sold to homeowners rather than to invest- ment companies that would lease the homes for a certain period of time. There followed a brief discussion of the front-entry versus rear-entry homes. Mr. Savage assured the Council that the city did have control over the homes through the inspection process and the issuance of a Certificate of Occupancy. Mayor Turner thanked Mr. Walden and Mr. Losy for their presentation. 8. CONSIDERATION OF PASSAGE OF ORDINANCE PROVIDING FOR SANITATION SERVICES AND CHARGERS 001012 Mr. Savage briefly reviewed the ordinance as presented to the Council reminding them that, in accordance with this ordinance, it will be mandatory that all citizens in The Colony take garbage service. After a brief discussion, Mayor Turner read the following caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS PROVIDING DEFINITIONS; PROVIDING FOR SANITATION SERVICES AND CHARGES; PROVIDING REGULATIONS FOR COLLECTION, STORAGE AND DISPOSAL OF SOLID WASTE; PROVIDING A SEVERABILITY CLAUSE; 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 North moved that this ordinance be passed. Seconded by Councilman Sample, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 9. CONSIDERATION OF PASSAGE OF ORDINANCE AMENDING ORDINANCE 147 AND CREATING SCHOOL ZONES ON SOUTH COLONY BLVD. AND PAIGE ROAD Mayor Turner read aloud the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING ORDINANCE 147 TO DELETE FROM SECTION 5(b) THEREOF THE LISTED SPEED LIMITS FOR SOUTH COLONY BOULEVARD, NORTH COLONY BOULEVARD, AND PAIGE ROAD; AMENDING SECTION 6 THEREOF TO PROVIDE SPEED LIMITS IN SCHOOL TRAFFIC ZONES ON SOUTH COLONY BOULEVARD FROM SIX HUNDRED (600) FEET EAST OF BLAIR OAKS DRIVE TO TWO HUNDRED (200) FEET WEST OF ALTA OAKS LANE AND ON PAIGE ROAD FROM TWENTY- FIVE (25) FEET SOUTH OF KISOR DRIVE TO TWENTY-FIVE (25) FEET SOUTH OF GIBSON DRIVE; PROVIDING 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 moved that this ordinance be passed as presented. Seconded by Councilman North, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Prior to moving to the next agenda item, Mr. Savage did note that this ordinance must be published in the Thursday issue of the city's official newspaper, The Colony Courier, and that the school zones along Paige Road and north of the intersection of South Colony Blvd. and Blair Oaks must be marked. Councilman North asked if a crosswalk guard had been hired for Paige Road. Mr. Savage advised the Council that a crosswalk guard has been provided for the children crossing Paige Road at Baker. 10. CITY MANAGER'S STATUS REPORT Mr. Savage stated that all of the street maintenance equipment given to the city by Fox & Jacobs was in with the exception of the dump truck, which should be here before the first of December. Mr. Savage advised the Council that he is presently working with Tom Forrest, Director of the Municipal Utility District, on a yearly inter- local agreement between the two governmental entitites. He stated that absentee voting did begin November 16 for the December 5 runoff election and would continue until December 1 in the office of the City Secretary, which is open between the hours of 8 a.m. and 5 p.m. He reported to the Council on the recent hiring process for three fire- fighters. He stated that 32 applications had been received. Out of these 32, 18 had taken the written test. Fourteen of the 18 had qualified for the physical agility test and nine qualified to be hired through the physical agility test. It is now up to an interview process before the three firemen will be hired to be on board January 1, 1982, with the city. At this time, Fire Chief Ronnie Gothard is in Austin at a -4- 001013 Civil Defense seminar. He stated that he had been working with the city engineer regarding a parking problem at Nash and John Yates and that it is the engineer's recom- mendation that we establish "no parking or standing" areas in that vicinity. A final report will be brought back to the Council in the near future. He is now in the process of interviewing for a librarian, and he told the Council that one will be hired as soon as the contract for the shopping center facility is signed. The first project for this librarian is to spearhead a book drive. At this time, Mr. Jim Hicks, an officer with The Colony Police Department, was introduced to give a brief presentation regarding "Crime Stop Week" and the program which will be presented by The Colony Police Department on December 3 at 7:30 p.m. After his presentation regarding this program, Councilman Dodds thanked him for his efforts in this capacity and Mr. Savage added that it is important for us to be involved in maintaining the low crime rate that the City of The Colony now enjoys. It was noted by Councilman North that the Christmas tree lighting would be held on December 4, and he did recommend that publicity for this be handled properly. 11. CLOSED DOOR SESSION A. LIBRARY BOARD B. BOARD OF ADJUSTMENT & APPEALS ALTERNATES C. PLANNING & ZONING COMMISSION D. GOALS COMMITTEE Mayor Turner at this time announced that, in accordance with Article 6252-17 of VACS, the Council would now meet in a closed-door session to consider appointments to the above-mentioned boards. 12. CONSIDERATION OF APPOINTMENTS A. LIBRARY BOARD B. BOARD OF ADJUSTMENT & APPEALS ALTERNATES C. PLANNING & ZONING COMMISSION D. GOALS COMMITTEE Mayor Turner stated that the Council was prepared to make some of these appointments at this time. Councilman Dodds then moved that Charles Hammons be appointed to serve the remainder of the term of the office vacated by the resignation of William J. Longo on the Library Board and that Kermit Pittman be appointed to the unexpired term of Place 4 on the Planning & Zoning Commission and that F. Jay McBride be appointed to serve the unexpired term of Place 3 on the Planning & Zoning Commission. Seconded by Councilman North, 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, Councilman Dodds moved that the meeting be adjourned. Seconded by Councilman North, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None Mayor Turner adjourned the meeting at 11:15 p.m. ATTEST: ~YOR /~C~. CARR~OLL, CI~ 5 '