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HomeMy WebLinkAbout03/01/1982 City Council 001082 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON MARCH 1, 1982 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: Scott North Acting Mayor Larry Sample Councilman Norman Adeler Councilman Charlie Parker Councilman Charles Dodds Councilman and with no members absent; thus, a quorum was established. 1. BRIEFING SESSION At this time, Mr. Dan Savage, City Manager, reviewed the agenda with the Council. 2. CITIZEN INPUT Acting Mayor North introduced Richard Abernathy, now a candidate for Texas State Representative. Mr. Abernathy addressed the Council and members of the audience, stating that he was a candidate in the Democratic Primary and he did appreciate this opportunity to introduce himself to the Council and members of the audience. Helen Gray was recognized and, at this time, read an article in the newspaper regarding the Texas Power & Light proposed rate increase. She stated that this gentleman had stated her feelings exactly regarding the need for this increase. Sherri Campbell was recognized and stated that she was in favor of some sort of rental ordinance to control the quality of life in The Colony. She then related some particular incidents regarding rent homes in The Colony. Delana Frazier asked why The Colony was long distance from the Dallas/Fort Worth metroplex area. There followed a brief discussion regarding the background of The Colony's case before the PUC and the outstanding anti-trust suit now pending in Federal District Court. Denise Brown stated that she also was in favor of the Council passing some sort of rental control ordinance. 3. APPROVAL OF MINUTES Councilman Sample moved to approve the minutes as presented. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 4. PRESENTATION OF BOOKS TO THE COLONY PUBLIC LIBRARY BY CUB SCOUT PACK NO. 281 At this time, members of Pack 281 presented to Acting Mayor North a large amount of childrens books to be donated to the library for its use; the Pack leader challenged all other groups to meet or beat Pack 281's quota. Acting Mayor North thanked the boys for their civicmindedness in donating these books to the library. -1- 001083 5. PRESENTATION OF CERTIFICATE OF APPRECIATION TO MICHAEL KRIS FOR COMMUNITY WORK DONE WHILE EARNING THE RANK OF EAGLE SCOUT Acting Mayor North stated that on behalf of the Council and Rick Herold, Director of Parks and Recreation, he was happy to present this Certificate of Appreciation fo Michael Kris for his attainment of the rank of Eagle Scout. Acting Mayor North stated that in the attainment of this rank Michael Kris did conduct a fund-raising for the needy families in the area and organized a sing-along program in The Colony. 6. CONSIDERATION OF ORDINANCE SUSPENDING TEXAS POWER & LIGHT RATE INCREASE REQUEST FOR A PERIOD OF 120 DAYS Mr. Savage advised that on Feburary 12, 1982, Texas Power & Light Company did file an application for another system-wide rate increase. The company is seeking an increase of $188 million per annum which amounts to a 26.65% increase in base rates. He stated that it is the recommendation of the Texas Municipal League as well as staff that this rate increase be suspended for a period of 120 days from March 19, 1982, which is the effective date. Mr. Savage then introduced John Turner, the area manager from Texas Power & Light, who gave a brief synopsis of the rate increase request and stated that last year TP&L received only one- fourth of their requested rate increase and that presently the company is growing at 4.4% per year; therefore, an additional rate increase request was a necessity. Mr. Savage advised the Council that after 90 days TP&L could put the rates into effect under a bond. At this time, Acting Mayor North read aloud the following captioned ordinance: AN ORDINANCE SUSPENDING THE EFFECTIVE DATE OF PROPOSED REVISIONS OF RATES AND SCHEDULES OF TEXAS POWER & LIGHT COMPANY FOR 120 DAYS FROM MARCH 19, 1982; PROVIDING THAT THE RATES OF SAID PUBLIC UTILITY SHALL REMAIN UNCHANGED DURING THE PERIOD OF SUSPENSION; AND PROVIDING FOR NOTICE HEREOF TO SAID PUBLIC UTILITY; AND DECLARING AN EMERGENCY. Councilman Parker then moved that the ordinance suspending this rate request from March 19, 1982, for a period of 120 days be passed. Seconded by Councilman Dodds, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Prior to proceeding to the next scheduled agenda item, Acting Mayor North read aloud, and asked that it be noted in the minutes, a letter addressed to himself and the Council from Chrissy Ashman, the new Miss Colony. The letter is as follows: "Dear City Council of The Colony: "The realization of my new title and responsibilities has finally over taken my first feeling of sheer happiness being chosen to represent my city, The Colony. "I hope to make the coming year an eventful one for The Colony and for myself. "My appreciation of the honor bestowed on me is difficult to put into words, so besides saying a sincere "thank you", I will let my actions, as I assume the duty and responsibility of being Miss The Colony 1982, say the rest. Sincerely, /s/ Chrissy Ashman, Miss The Colony, Texas of 1982" 7. DISCUSSION OF CERTIFICATE OF OCCUPANCY PROCEDURE Councilman Dodds stated that on reviewing the rental ordinance proposed by Councilman Sample, some of the councilmen were concerned regarding the administration of it as well as possible discriminatory clauses. Therefore, based on these concerns, he did present to the Council two ordinances passed by the City of Farmers Branch that regulate the inspection of 001084 homes after move outs, whether occupied by the homeowner or leased to another party. At this time, Councilman Dodds reviewed Farmers Branch Ordinance No. 1168, which adopted and amended the 1976 edition of the Uniform Building Code along with Farmers Branch Ordinance No. 1038, which establishes minimum standards for all buildings or portions thereof to be used for human habitation and furthermore establishes a Housing Advisory and Appeals Board to hear cases involving these regula- tions. Councilman Dodds stated that the primary benefit of these two ordinances was that it would maintain certain minimum standards and this would ensure against eventual substandard housing in The Colony. Councilman Adeler stated that he still felt that he would like to know the actual number of rental units and the number of landlords that are involved in this process in the City of The Colony. Also, he would like to know what type of work load this would entail for city employees. There followed a discussion as to how to best determine move-ins and move-outs within The Colony. Councilman Dodds stated that the number of water disconnects or hookups from MUD would be a source of information. Councilman Dodds also stated that designated representatives, if they were bonded inspectors, i.e. FHA, VA inspctors, could also inspect for the city. Councilman Sample asked if it was a usual practice for cities to require COs. Mr. Bradburry advised them that for commercial property it was but not for residential housing. Councilman Parker stated that he saw these ordinances as ones that could be adapted to the city's needs and he further felt that we should not distinguish between property owners and property renters. He was aware that you cannot legislate pride in your community, but it was the Council's responsibility to provide a minimum standard of housing. He proposed that they set a work session date to work on the intent and the goals of the Council and then direct staff to have the attorney prepare an ordinance on same. After discussion, it was the consensus of the Council that the staff would prepare a memorandum concerning questions they would like directions from the Council on and, based on these directions, then an ordinance would be prepared. Acting Mayor North did agree with this process but was concerned on several points, primarily when would these inspections occur, as many of the homes in The Colony are moved out of on one day and moved into on the next, generally over a weekend. He felt that three inspectors presently on staff could handle it now but, if housing construction is increased, would this be a problem. He was also concerned with city liability, however, he did feel that these ordinances could be positive discrimination in that the undesirables do move in and out fast. Councilman Sample stated that he did like the approach of these ordinances and that it was never his purpose to rid the city of rental units but only to avoid rental problems. He personally feels that it is immoral to allow the city to deteriorate and that inspection by the city is the only way this can be avoided. Mr. Savage stated that regarding inspections, the staff does need to know if they should inspect for high weeds and trash as well as structural problems. Councilman Parker answered that this was something that will be addressed at the work session. He advised that they have copies of Article 5236, which is the state law; a copy of the city's nuisance ordinance; a copy of the Uniform Building Code-1979 edition, and the Farmers Branch ordinance and Addison ordinance to review. After further discussion, Councilman Parker made the motion to direct staff to compile a memorandum regarding questions that should be addressed at the Council work session, and that a work session be scheduled for March 10, 1982, at The Colony Fire Station. Seconded by Councilman Dodds, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 8. DISCUSSION OF PROPOSED RENTAL ORDINANCE Councilman Sample moved that this be tabled for a period of 60 days. Seconded by Councilman Parker, the motion was passed by the following roll cml vote: Ayes: All members present voted aye Noes: None -B- 00108 9. CONSIDERATION OF APPOINTMENT OF ELECTION JUDGES FOR THE MUNICIPAL ELECTION TO BE HELD APRIL 3, 1982 Janice Carroll, City Secretary, requested that the Council consider the two orders appointing judges for the two polling places in the city. The election judges recommended for Carney Elementary are Sue DeLuca with an alternate judge being Diane Kruzich. The judges for Peers Colony Ele- mentary are Dee Cole with alternate Sherri Campbell. After a brief discussion, Councilman Dodds moved that they be appointed as election judges and alternates at the corresponding polling places for the April 3, 1982, municipal election. Seconded by Councilman Sample, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: · None 10. CONSIDERATION OF ORDINANCE TO TRANSFER FUNDS FOR THE COST OF THE DENTON COUNTY TAX APPRAISAL DISTRICT WORK Mr. Savage advised the Council that the city's pro rata share of the Denton County Tax Appraisal District budget for the fiscal year 1981-82 was $15,274. He stated that this sum is derived from a formula based on the percentage of tax levied by each of the taxing entities that use the District's services. The obligation for the next two fiscal years will depend on the city's tax levy, its pro rata share of the tax levy of all entities using the District's services and the total District budget. At this time, Acting Mayor North read aloud the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER FUNDS IN THE AMOUNT OF $7,835 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES ACCOUNT TO FINANCE DEPARTMENT LINE ITEM NO. 30 FOR PAYMENT TO DENTON COUNTY APPRAISAL DISTRICT BOARD FOR 1982 APPROVED DISTRICT BUDGET; ATTACHING THE STATEMENT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Councilman Dodds moved that the ordinance be passed as presented. The motion was seconded by Councilman Parker. Prior to voting, Councilman Sample asked if this would be paid in quarterly payments. Mr. Savage advised that it would. Act. lng Mayor North called for a vote on the motion on the floor. The motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 11. CONSIDERATION OF CHANGE OF MEETING DATE FROM MARCH 15 TO MARCH 22 Acting Mayor North explained that he would be on vacation during the week of March 15, and it was his request that it be changed;to March 22. Councilman Sample stated that he did have a problem with three weeks passing between any Council meetings and did suggest that they go to one work session per month. Councilman Adeler did agree with one work session per month at this time. Councilman Dodds then made the motion that the regular meeting date be changed from March 15, 1982 to March 22, 1982. Seconded by Councilman Sample, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Acting Mayor North called a five-minute recess. 12. CONSIDERATION OF COUNCIL MEETING POLICY Mr. Savage advised them that earlier the Council had had a meeting that lasted until 2:15 a.m. and, after this meeting, Councilman Dodds asked the City Secretary to research the possibility of recessing and reconvening -4- 001086 the meeting at another date. She did advise the Council that it is legally possible to recess the meeting at a certain time and then reconvene at an announced date. During discussion, Councilman Dodds did state that he felt meeting until 2:15 a.m. was not in the sphere of the Open Meeting Law, however, each meeting was different and a recess time should be dependent uFon the individual agenda. Acting Mayor North did suggest the following guideline: That the meeting last until 11 p.m. at its latest and, at that time, it be recessed to a specific date but that that date not be established at this time. After further discussion, it was the consensus of the Council that no action need be taken at this time but they did all agree that if the meeting became too lengthy, it would be recessed to a date agreeable to all Council members. 13. CONSIDERATION OF REQUEST BY THE COLONY LITTLE LEAGUE FOR THE USE OF A PORTABLE BUILDING Councilman Parker stated that The Colony Little League would like for the Council to consider the proposal to build a portable concession stand to extend the services during baseball season. He stated that pending approval of the Council, the 12'x20' building would be moveable in the future should the need arise. He added that it would also provide an aesthetically pleasing exterior to fit into the community and that the existing equipment building will be renovated so that the exteriors of both buildings are the same. This portable concession building will be initially located on the Complex facility on North Colony Boulevard. After a brief discussion, Councilman Parker did advise them that May 8 will be opening day for the Little League Association and that a parade has been planned. At this time, Councilman Sample moved to approve the use of a portable concession building by The Colony Little League Association. Seconded by Councilman Sample, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 15. CONSIDERATION OF INCREASING NUMBER OF POLICE RESERVE OFFICERS Acting Mayor North stated that they would consider this agenda item prior to receiving the City Manager's status report. Mr. Savage stated that City Ordinance No. 19 was adopted in 1977 and now the needs of the city have changed. He did advise that The Gotony Police Department is now conducting a reserve school class and that if the requested increase in number of reserves was granted by the Council, the monies are available within the Police Department to transfer to this account. Councilman Dodds stated that the City of The Colony was very fortunate to have a fine Police Department and that much of it was due to a fine Police Chief and, if this was his recommendation that the number of reserve officers be increased from 10 to 15, that he personally felt that this should be done. Councilman Sample asked what were the requirements of the police reserves. Chief Ristagno stated that they are the same as police officers except, of course, that they are not certified officers in the State of Texas. At this time, Councilman Dodds moved to direct the staff to have an ordinance prepared for this. Seconded by Councilman Sample, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 14. RECEIVE CITY MANAGER'S STATUS REPORT Mr. Savage advised the Council that Universal Health Services was moving with their plans to provide a performance bond to the city. He stated that in a telephone conversation today a gentleman representing Universal asked if a trust account in a local bank would be sufficient. Mr. Savage stated that he did advise them that he felt the Council would not object to this type of arrangement. He also briefed the Council regarding land sites and stated that Universal was presently talking with Fox & Jacobs on two locations within the city. -5- 001087 Mr. Savage advised the Council that Earl Hale, the attorney for the Municipal Utility District, suggested two corrections on the interlocal agreement: (1) That the tax assessor/collector be referred to as the tax clerk and (2) That any cancellation notice be 60 days rather than 45, since the utility district Board meets only on a monthly basis. Mr. Savage advised the Council that he saw no problems with these changes and felt that initially, this should be all that is necessary. The City Council agreed. Regarding the process to annex Stewart's Creek Park, he advised that he did have an appointment with Gary McKeane of the U.S. Corps of Engi- neers and would be reporting back to the Council at the next meeting. He told the Council that the Planning & Zoning Commission did meet last Tuesday and had an interesting planning session with Bob Wegner. He advised the Council that on March 9 a Zoning work session was also to be conducted by Mr. Wegner and he did invite the Council to attend. On March 18, there is a meeting of elected officials in Collin County that he, Charles Dodds and Larry Sample did plan to attend. Mr. Savage reported to the Council regarding the process of recruiting personnel for the Fire and Police Departments and stated that he was continuing to meet with people regarding the newspaper stands. Regarding the newspaper stands, Acting Mayor North asked if the City Council could put a freeze on paper stands being placed in the city. Councilman Sample requested that Mr. Savage talk with citizens also regarding these machines. He told the Council that in further study, it was noted that a special use permit which requires a zoning change was required for carnivals and circuses in the city, and it was the staff's suggestion to amend the zoning ordinance omitting this section and concurrently passing a permitting ordinance to handle these temporary facilities. He also advised the Council that Dunaway & Associates, representatives of the Wal Mart Corporation, had requested that the final plat be amended to reflect a utility easement on the east side of the property along the same route of a fire lane easement. Mr. Savage stated that this was omitted from the plat, however, it could be changed prior to filing. The City Council concurred with this procedure. At this time, Councilman Parker stated that he had received many complaints regarding CATV and was concerned with the quality of the service and the continuance of the construction. Mr. Savage advised them that they are to pay their franchise payments to the city quarterly and, at that time, provide a construction timetable to the Council. Their 18-month construction time will end in May of 1982. He has contacted them, and they did state they will resume new construction activity soon. Councilman Dodds asked if they could provide an after-hour drop for billing. Mr. Savage stated that he would ask them about that request. At this time, a member of the audience, Gene Pollard, asked why the City Manager's status report was given at the end of the meeting and requested that it be moved earlier in the agenda. It was agreed by the Council that this could be placed earlier in the agenda depending upon each individual meeting. 16. CLOSED DOOR SESSION A. LAND ACQUISITION B. GOALS COMMITTEE APPOINTMENT Acting Mayor North then stated that the Council would now meet in closed '--' door session as authorized by Article 6252-17 of Vernon's Annotated Texas Civil Statutes. 17. CONSIDERATION OF ORDINANCE AUTHORIZING PURCHASE OF LAND FROM ~J'A. RVIN KENNING FOR FM 423 RIGHT OF WAY Acting Mayor North read the following captioned ordinance: -6- OO1O88 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE AN OFFER FOR ONE (1) LAND TRACT ADJACENT TO FM 423, REQUIRE DEDICATION DEED ON SAME, AND APPRO- PRIATE FUNDS FROM THE STREET IMPROVEMENT BONDS APPROVED APRIL, 1979; ATTACHING THE APPROVED FORM OF THE DEDICATION AS EXHIBIT "A"; AMENDING CITY ORDINANCE NO. 187; AND PROVIDING AN EFFECTIVE DATE. Councilman Sample moved that this ordinance be approved. Seconded by Councilman Dodds, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 18. CONSIDERATION OF GOALS COMMITTEE APPOINTMENT Councilman Dodds moved that no appointment be made to The Colony Goals Committee at this time. Seconded by Councilman Parker, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None There being no further action to be taken by the Council at this time, Councilman Dodds moved that the meeting be adjourned. Seconded by Councilman Sample, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Acting Mayor North adjourned the meeting at 11:14 p.m. ATTEST: JA , CITY RETARY -7-