HomeMy WebLinkAbout03/22/1982 City Council 00109
MINUTES OF THE CITY COUNCIL
OF THE
CITY OF THE COLONY HELD ON
MARCH 22, 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
g.t this time, Mr. Dan Savage, City Manager, reviewed the agenda with the
Council.
2. CITIZEN INPUT
Diane Foley was recognized. She told the Council that she was aware that
an ordinance had been passed regarding parking of large trucks on the street.
Her husband did drive a truck and was not allowed to park it on public streets,
however, in the last several weeks she had observed a truck parked on city
streets and felt that if this ordinance had been passed, there should certainly
be no exceptions to it. In a brief discussion of this particular situation,
she was advised that this particular truck that she had seen parked on the
streets was in fact below the 4,000-pound carrying capacity, which was the
definition of a truck per city traffic ordinance. Councilman Dodds did agree
with her that, although it was not illegal, it did violate the spirit of the
law and suggested that perhaps at some later date the Council review this
ordinance. Councilman Parker also agreed that this ordinance should be
reviewed in the future. In this discussion, they agreed that they should
look at recreational vehicles, boats and other vehicles as well.
Denise Brown was recognized and stated that she felt that tractors should
be allowed to park in their own private driveways. Secondly, she was concerned
that the Wal Mart store did not plan to provide any landscaping on their
particular tract. The Council advised her that they had not reviewed the
site plan at this time.
3. APPROVAL OF MINUTES
Janice Carroll, City Secretary, did ask that they provide to her the names
of the landlords that had written to the city to be inserted into the March 10th
minutes. These names were Margaret Carter and Carl R. Fisher, Councilman
Adeler advised. At this time, Councilman Parker moved to approve the minutes
of March 1 and March 10 as amended. This motion was seconded by Councilman
Dodds. However, prior to passage, Councilman Sample did review some of
the questions that were discussed at the March 10 meeting, and it was agreed
that Question No. 16 should be corrected in that this was referred to the
attorney for legal advice. Councilman Parker so noted that this was also
an amendment to be included in his motion. At this time, Acting Mayor North
called for a vote on the motion on the floor. The motion carried by the follow-
ing roll call vote:
Ayes: All members present voted aye
Noes: None
4. RECEIVE CITY MANAGER'S STATUS REPORT
Mr. Savage advised the Council that the Police Department did give written
tests Saturday in the process of obtaining two police officers, and the Fire
Department will begin their newly-hired officers on April 5th.
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He did warn the Council that the City Hall air conditioning as well as the
Community Development air conditioning was out and needed substantial repairs,
and that this cost would be brought before them in the near future.
He then briefly updated them on the status of Stewart's Creek Park annexation
proceedings.
Mr. Savage then advised the Council that the City of Frisco had applied before
the Public Utility Commission for permission to give water and sewer service
to the land located to the north and east of The Colony city limits. He advised
the Council that this area has been purchased by Tomlin Properties, it is
located in Frisco's legal extraterritorial jurisdiction and that they were requesting
that Frisco annex the property into their city limits. In a brief discussion
of this matter, Councilman Sample stated that he was concerned about the
Municipal Utility Distirct possibly extending their district boundaries far beyond
The Colony's city limits.
Mr. Savage then advised them that preliminary plans were continuing regarding
the widening of FM 423. Southwestern Bell was beginning construction on
the west side of the existing 423 right of way and that he had received a
cost proposal from Denton County Electric Co-Op. in the amount of $41,859
to move their lines. He advised the Council that this was approximately
$20,000 less than the estimate, and an authorization ordinance for this cost
would be prepared for their next agenda.
He advised the Council that the Planning and Zoning Commission did have
their first working meeting, and they did approve the preliminary and final
plat for a tract of land located directly behind Stop 'N Go, and that this
will be presented to them for their consideration at the next Council rneeting.
He stated that the Dallas Times Herald did have an article in their Sunday
edition regarding crime in the Metroplex and that the City of The Colony
was mentioned favorably in crime statistical information.
He told them that he had received a call today from Fox & Jacobs, and they
were considering building a test house made of modular components in Section
27. He stated that he was advised that this house would meet all codes of
the city as well as comply with zoning. In a lengthy discussion of this item,
Councilman Sample stated that the staff must review all plans prior to the
building of this type of housing. Councilman Adeler felt that it was very
important that it be clarified that the city staff could inspect electrical, plumbing,
etc. only on the site and could not be expected to go to a factory to do this.
Janice Carroll, City Secretary, then advised the Council that absentee voting
was in process until March 30th. On this last day of absentee voting, she
advised the Council that she would keep her office open until 7:00 p.m. for
voting.
At this time, Councilman Dodds and Councilman Adeler gave a report to the
Council regarding their meeting with the Collin County Elected Officials Asso-
ciation. Both Councilman Dodds and Councilman Adeler praised the Collin.
County officials on their organization regarding efforts to bring the develop-
ment of roadways into their county. Councilman Dodds urged that the city
begin an organizational effort on transportation matters in Denton County.
Acting Mayor North stated that he would bring this before the next Mayor's
Association meeting.
At this time, Councilman Parker asked Mr. Savage the status of cable TV
in The Colony. Mr. Savage advised the Council that a franchise payment
had been made and that he was currently waiting for the end of the year
audit to be completed on the company, and then this will be presented along
with an update report to the Council. The Council requested that if possible
this be presented at the next regular Council meeting. Councilman Parker
also stated that he was concerned with reports that he had heard of Texas
Waste Management trucks speeding in the alleyways. Mr. Savage advised
that he would look into this. Councilman Dodds stated that he had heard
complaints regarding the bulky-item pickup. The Council did concur that
it was time to receive a report from Texas Waste Management. Mr. Savage
explained that this would be on the next Council meeting agenda.
00109?
5. CONSIDERATION OF ORDINANCE TRANSFERRING FUNDS FROM CONTIN-
GENCY ACCOUNT TO PAY CITY'S ASSESSMENT FOR INTERIM REGIONAL
TRANSPORTATION AUTHORITY
Mr. Savage advised the Council that the Board of the Interim Regional Trans-
portation Authority has developed a budget formula for funding its operations.
He stated that this formula involves an assessment of 25¢ per capita, using
1980 census figures. The annual cost to the City of The Colony based on
this formula is $2,896.50. The cost for the fiscalyear 1981-82 is $2,172.42.
He further advised the Council that the Board is now developing an election
schedule which will probably call for a vote on formal establishment of a trans-
portation authority sometime in 1983 and, because of this, there could possibly
be an additional assessment in that year. Councilman Sample stated that
the City can stay in the program even if they do not pay their voluntary
assessment cost. After a brief discussion, Council did concur that they
felt at this time the payment of the money would not derive any direct benefits
for the city. Mr. Savage advised the Council that he could verify their con-
tinued participation without payment by letter. At this time, Councilman
Parker did move to direct the City Manager to advise them by letter of this
plan. Seconded by Councilman Dodds, the motion was passed by the following
roll call vote:
Ayes: All members present voted aye
Noes: None
6. CONSIDERATION OF PARTICIPATION WITH TEXAS MUNICIPAL LEAGUE
REGARDING TEXAS POWER & LIGHT RATE INCREASE REQUEST
Mr. Savage advised that the cities would not be required to make any financial
contributions to this effort. After brief discussion, Councilman Dodds moved
that The Colony join with Texas Municipal League in its intervention in the
Texas Power & Light rate increase request filed on February 12, 1982. This
motion was seconded by Councilman Sample. Prior to voting, Councilman
Dodds did note that there have been four rate requests presented before
the Public Utilities Commission by Texas Power & Light, and the Texas Muni-
cipal League has played a major role in having these rate requests reduced
substantially. Acting Mayor North called for a vote on the motion on the
floor. The motion carried by the following roll call vote:
Ayes: All members present voted aye
Noes: None
7. CONSIDERATION OF ORDINANCE ABANDONING PORTIONS OF STEWART'S
CREEK ROAD IN FAVOR OF THE ABUTTING PROPERTY OWNER, FOX
& JACOBS, INC.
Mr. Savage pointed out on the map the portion of the road involved. He
explained to the Council that Fox & Jacobs have requested that this portion
of Stewart's Creek Road from FM 423 west to the west end of Section 27 be
abandoned by the City of The Colony and sold to Fox & Jacobs. The right
of ~vay of this road totals 3.23 acres, stated Mr. Savage. This right of way
includes numerous areas that will be out alley or street rights of way in Sections
26 and 27. The appraised fair market value of this property totals $61,000.
An ordinance has been prepared authorizing this abandonment if the Council
desires to do so at this time, Mr. Savage explained. He further explained
that Fox & Jacobs would like to have this portion abandoned as soon as possible
as they do have homes in Section 27 that are ready to be occupied, and March
31, 1982, is the end of the company's fiscal year. He further advised the
Council that, in discussing this abandonment with Fox & Jacobs, he has sug-
gested that the City might wish to acquire several tracts of land for various
city purposes. Some of this area is the Dave Cowan Park, the Lone Star
Gas easement from City Hall south to the IBM property and the vacant tract
located east of the. Lone Star Gas easement and north of the IBM property,
as well as land reserved for a neighborhood park and fire station located
west of FM 423. If the Council is in agreement, Mr. Savage stated, he would
like to have their permission to seek appraisals on these land tracts in a
timely fashion. Acting Mayor North then introduced Tom Cravens, a repre-
sentative of Fox & Jacobs, for a verification of the completion dates of the
homes. Mr. Cravens did advise them that the homes are completed but that
the City cannot issue a Certificate of Occupancy until this deed is in on file
at Denton County and all titles are clear. Councilman Dodds, being concerned
with the appraised value of this land, asked how this did compare with the
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IBM road abandonment appraisals. Secondly, Councilman Dodds was concerned
with purchasing land from Fox & Jacobs that is not even usable land for
development by Fox & Jacobs. Acting Mayor North stated that the land ques-
tion was not a part of this ordinance at this time. Councilman Sample stated
that he was also concerned with land value per this particular appraisal.
Gene Pollard, a member of the audience, was recognized. Mr. Pollard stated
that $1.50 per square foot for a commercial acreage adjacent to FM 423 was,
in his opinion, much too low. Acting Mayor North suggested that the Council
defer any action on this item at this time and request that an additional appraisal
on the residential as well as the commercial land be made prior to further
consideration. Councilman Dodds stated that although he agreed with these
concerns he felt the Council must also take into consideration that there were
homes completed, and new citizens of The Colony that were waiting to move
into those homes. Mr. Savage suggested an alternative approach. He stated
that Section 27 containing the residential housing only could be dealt with
as one issue, and a second appraisal could be obtained on the commercial
land located in Section 26 to be considered at a later date. He advised that
the ordinance could be modified by omitting the legal description of Stewart's
Creek Road in Section 26. Councilman Adeler expressed concern that Fox
& Jacobs had built on this land prior to the road abandonment process.
Mr. Savage did advise the Council that the plat had been approved by the
City before construction had begun in that area. Councilman Dodds did agree
with Councilman Adeler in that this certainly should have been presented
to the Council at least a month ago to give them adequate time to review
this appraisal and get other appraisals if needed. He asked how many actual
homes were involved in this matter. Mr. Savage advised that 15 homes were
in question. After further discussion by the Council, Councilman Dodds
moved to table this agenda item for further consideration. Seconded by Council-
man Sample, the motion was passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
Councilman Dodds then moved that a special session be held by the Council
on March 26 at 6:00 p.m., and that a reappraisal of this property be presented
to them for their consideration at this time. Seconded by Councilman Adeler,
the motion was passed by tt-~e following roll call vote:
Ayes: All members present voted aye
Noes: None
Mr. Cravens advised the Council that Ron Walden of Fox & Jacobs would
be present at this meeting. Gene Pollard, a member of the audience, was
recognized and stated that, although he did have concerns with the values
quoted in the actual appraisals presented, he did feel that the Council does
have a responsibility to help Fox & Jacobs meet their deadline regarding the
sale of their homes.
8. RECEIVE SERVICE PLAN AND CALL PUBLIC HEARINGS REGARDING
THE ANNEXATION OF A 236.31 ACRE TRACT AND A 1.9 AC~.E LAND
TRACT LOCATED SOUTH GF STATE HIGHWAY 121
At this time, Mr. Savage outlined on the maF the particular tracts of land
that are to be annexed into the city. He did advise the Council that the
City of Hebron did disannex the property owned by IBM at t?,e request of
IBM. At this time, Mr. Savage reviewed the following service plan:
Because of the agricultural use of t'.xe area to be annexed, it will be
relatively easy for the City to provide municipal services to the area.
The following services will be provided upon annexation:
1. Fire Frotection: The area is presently served under the City's
contract with Denton County. Under this agreement, the City's Class
A pUmp.ers do not normally respond to fires in t~is area. Once the property
is annexed, the City would use any needed equipment to fight fires in
this area,
2. Police Protection: Gnce the area is annexed, the City will provide
regular police patrol of the area. The City will also carry out normal
police investigations.
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3. Sanitation: Under the City's sanitation ordinance, all residents
must receive sanitation service. The City's sanitation franchise holder
will be required to provide sanitation service under the terms of the
contract, once the area is annexed.
4. Maintenance of Roads and Streets: Presently, Denton County
maintains the roads in the property to be annexed. The asphalt portion
of the road can be patched with hot or cold mix as needed by City crews.
The gravel portion of the road will have to be bladed regularly. The
City will work with Denton County to keep this road maintained in the
same condition as the County now maintains it.
5. Maintenance of Parks, Playgrounds, Swimming Pools, and Other
Public Facilities: The City of The Colony does not provide water or
wastewater services to its citizens. The Colony Municipal Utility District
provides these services. The land question is beyond the current boundary
of the M.U.D.
This service plan will provide the property owner with services at least
as good as those currently provided and with services which are typically
provided in agriculturally zoned areas in the City.
The Council was concerned regarding street maintenance in that area and
requested the city manager to contact Denton County regarding the possi-
bility of their asphalting this area prior to annexation. Councilman Parker
asked why the speedup on getting this area annexed into the city. Mr. Savage
advised that there was no particular deadline involved, but only a request
from Robert Thomas, the attorney representing IBM. Mr. Thomas had also
advised Mr. Savage that IBM will not ask for industrial zoning of this property
in the near future. At present, only one residence is located on this property.
Mr. Savage also advised the Council that, in accordance with the Municipal
Annexation Act, the following schedule has been provided for their review:
1. Receive service plan and call Public Hearing on annexation,
March 22
2. Publish legal notice of Public Hearings, March 25
3. Conduct Public Hearing on annexation site, April 5, 6:30 p.m.
4. Conduct Public Hearing at City Council Meetihng, April 5,
7:30 p.m.
5. Pass annexation ordinance at Special Council Meeting and
accept service plan, April 26
Mr. Savage noted that this will require a special meeting of the Council on
April 26. The Council then discussed the primary problem in that area,
which will be street maintenance and agreed that contact with the County
should be made regarding maintenance prior to annexation. At this time,
Acting Mayor North read aloud the following Resolution:
WHEREAS, International Business Machines, Inc. has requested
by petition for a parcel of land located south of State Highway No. 121
to be annexed into the City limits of The Colony, and
WHEREAS, the Town of Hebron has by ordinance relinquished this
property from their city limit boundaries, and
WHEREAS, annexation of this land parcel will bring all of the State
Highway No. 121 right of way into The Colony City limits,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
That two Public Hearings be held to give all citizens and landowners
an opportunity to speak for or against this annexation. A Public Hearing
shall be conducted on the property as legally described by Exhibit "A"
attached hereto on the 5th day of April, 1982 at 6:30 p.m. A Public
Hearing shall also be conducted at The Colony City Hall regarding said
property as descrivbed in Exhibit "A" on the 5th day of April, 1982
at 7:30 p.m. The City Secretary shall publish notices of these hearings
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concurrently not more than 20 nor less than 10 days prior to the hearings
in the official newspaper of The Colony.
PASSED AND APPROVED ON THE DAY OF ,
1982.
/s/ SCOTT NORTH, ACTING MAYOR
ATTEST:
/s/ JANICE CARROLL, CITY SECRETARY
Councilman Parker moved to approve the Resolution. Seconded by Councilman
Sample, the motion was passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
Based on their previous conversation, Councilman Dodds made a directive
motion to staff to approach Loyd Odle, County Commissioner, regarding having
these roads brought up to standards before annexation. Councilman Adeler
seconded this motion. The motion passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
9. CONSIDERATION OF RESOLUTION OF INTENT FOR JUVENILE GRANT
APPLICATION
N. C. Ristagno, Chief of Police, was present at the meeting and advised
the Council that this would be a 60/40 split for the fourth-year funding.
He did feel like the city in its fourth-year application has a slim chance of
receiving the 40% grant. He did feel that it was worthwhile to continue the
application process. Acting Mayor North read aloud the following Resolution:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE SUBMISSION OF A GRANT APPLI-
CATION TO THE TEXAS CRIMINAL JUSTICE DIVISION FOR THE EXPAN-
SION OF THE JUVENILE DIVISION OF THE COLONY POLICE DEPARTMENT
AND PLEDGING PAYMENT OF THE LOCAL SHARE OF THE COST OF
THIS JUVENILE DIVISION.
WHEREAS, the City of The Colony recognizes a need for seeking
improvement to its Police Department by expanding the Juvenile Divi-
sion; and
WHEREAS, the Texas Criminal Justice Division has indicated that
funds may be available to the City of The Colony Police Department
for financing the expansion of the Juvenile Division; and
WHEREAS, the City of The Colony pledges its proportionate share
of the cost of this project, as required, if a grant is obtained; and
WHEREAS, the City of The Colony anticipates assuming total cost
of this project at the end of Criminal Justice Funding;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Manager is hereby authorized and directed
to submit a grant application to the pdroper authorities for assistance
in the cost of the expansion of the Juvenile Division of The Colony Police
Department.
Section 2. That the City of The Colony anticipates assuming total
cost of the unit, as required, if a grant is obtained.
Section 3. That the City of The Colony anticiFates assuming total
cost of this project at the end of Criminal Justice funding.
PASSED AND APPROVED BY THE CITY COUNCIL ON THE
DAY OF , 1982
/s/ ~COTT NORTH, ACTING MAYOR
ATTEST:
/s/ JANICE CARROLL, CITY SECRETARY
Councilman Parker moved to approve this Resolution as presented. Seconded
by Councilman Sample, the motion was passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
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10. CONSIDERATION OF RESOLUTION ESTABLISHING A REVIEW PROCEDURE
FOR REVIEW OF CITY ELECTION DISTRICTS
Mr. Savage advised the Council that this was included in the agenda at their
request. He noted that blanks were in the Resolution regarding when the
review of the districting process would begin and how often it would be con-
ducted. After a brief discussion regarding this, it was agreed that the Council
would commence reviewing it in December of 1982 prior to an at-large election
and then continue to review the districting every two years thereafter.
Councilman Sample did have some concerns with the two-year period. He
felt that a four-year review timetable would be a more stable situation. Acting
Mayor North then read aloud the following Resolution:
WHEREAS, the City Council in accordance with a vote of the people
on April 3, 1981, divided the City into four single member voting districts,
and
WHEREAS, these districts were established by determining the population
of the City and dividing into four equally populated areas, and
WHEREAS, the City Council recognizes that the City will continue
to grow in population which will create districts unequal in population
and thereby creating unfair representation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
That the City Council review the City districting plan every 2 years
in the Month of December commencing in the year 1982 to assure adequate
representation for all citizens of The Colony.
PASSED AND APPROVED ON THE DAY OF ,
1982.
/s/ SCOTT NORTH, ACTING MAYOR
ATTEST:
/s/ JANICE CARROLL, CITY SECRETARY
Councilman Dodds moved to pass this Resolution and noted that the districting
review would commence in December 1982 and would be continued every two
years thereafter. Seconded by Councilman Sample, the motion was passed
by the following roll call vote:
Ayes: All members present voted aye
Noes: None
11.CONSIDERATION OF ADOPTION OF A MERIT PAY PLAN POLICY FOR
THE 1981/82 FISCAL YEAR
Mr. Savage advised the Council that the 1981/82 budget did include funds
for up to a 5% merit increase for all city employees effective April 1, 1982.
He advised the Council that, for the past two months, he has been meeting
with department heads on a regular basis to prepare a plan which will recog-
nize the work effort of individual employees. He did advise that the following
plan has been prepared by the department heads, and he would like to recom-
mend it to the Council for approval. He stated that the basic elements of
the plan are as follows:
1. All employees will be evaluated between April 1 and April 15 or at
the end of their probationary period. The employee's evaluation will be used
to determine his or her merit increase.
2. Merit increases will range up to 5%. Certified employees in the Police
and Fire Departments will be eligible for a % increase. Other employees
will receive from 0 to 5% depending upon their evaluation.
3. The merit increase will be added into the employee's base pay.
4. A standard evaluation form will be used. All employees will be judged
on the basis of the following criteria:
A. Job Knowledge
B. Productivity
C. Time Utilization
D. Quality of Work
E. Dependability
F. Working with the Public
G. Adaptability
H. Initiative
I. Cooperation
J. Safety
K. Planning & Organization
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L. Judgment
M. Leadership Ability
Supervisors will rate each employee on the first five criteria, Mr. Savage
stated, and then pick at least five of the remaining eight criteria depending
upon the nature of the employee's job. He then stated that the following
factor scoring system will be used to rate the employees as follows.'
Rating Factor Score % Increase
Outstanding 91-100% 5%
Very Good 81-90% 4% .---
Good 71-80% 3%
Satisfactory 60-70% 2%
Poor 40-59% 0
Unsatisfactory 0-39% 0
He also added that a copy of the evaluation form prepared by the employees
was included in their packet for review, as well as definitions of the actual
factors. He did state that there were two departments which were exceptions
to the merit pay, Police and Fire. It is the department heads' recommendation
that their employees be reviewed with the understanding that they would
either get no salary increase or the same percentage increase. Mr. Savage
clarified that this is the certified Police and Fire personnel only; all other
secondary employees in those departments will be eligible for the merit increases.
Mr. Savage also recommended that they be allowed to receive the average
merit pay increase of the other city employees at that time. The Council
was concerned with the fact that Police and Fire would not be eligible for
a merit increase if this would cause problems within the departments. Mr.
Savage assured the Council that this had been discussed with the employees
in those departments, and this procedure was done at the request of the
department heads. After further discussion, Councilman Dodds then moved
to approve the merit pay program for April 1982 with certified employees
in the Police and Fire Departments being eligible for a percentage equal to
the average merit increase of other city employees. This motion was seconded
by Councilman Adeler. Councilman Sample did clarity that these monies were
budgeted. Mr. Savage assured the Council that they were. The Council ~
then discussed further the Police and Fire increase, but they were satisfied
that if this was with the approval of staff, they would approve it. There
being no further discussion, Acting Mayor North called for a vote on the
motion on the floor. The motion carried by the following roll call vote:
Ayes: All members present voted aye
Noes: None
12. DISCUSSION OF NEWSPAPER STAND OPTIONS
Mr. Savage stated that presently the City of The Colony allows newspaper
stands in the city right of way. He advised the Council that there were
over 30 such stands throughout the city, and we do not regulate them in
any way. As they had discussed in other meetings, he reminded the Council
that several ordinances do address general issues under which it might be
possible to control newspaper stand operations. The city zoning ordinance
does address the general issue of location of business activities, and the
city sign ordinance prohibits the placement of signs on public rights of way.
As a general practice, Mr. Savage stated, the city does discourage the conduct
of private business activity on city rights of way. The city does allow public
utilities to use the city right of way for their transmission lines however.
Mr. Savage did state that he was of the opinion that the newspapers do not
have any vested right to operate newspaper stands on city right of way,
even though they have been doing so for a number of years. He felt the --
City Council did have the right to require that stands be removed from city
property without taking any legislative action. He did advise the Council
that another viewpoint regarding the stands would be to regulate their place-
ment operation. He stated that the city could continue to allow newspaper
stands to be operated in the city right of way, however, regulations must
be adopted to control the placement of these stands. Obviously, stands should
not be allowed on street, alley or sidewalk pavement, and stands should not
be anchored to city street lights or sign poles. The stands also should not
001103
be in close proximity to each other. He added that the Council might want
to prohibit the location of stands from the same newspaper within 500 or 1,000
feet of each other. There followed a brief discussion of this. Councilman
Adeler stated that he felt very strongly that signs should be restricted to
shopping and commercial areas only. Councilman Sample agreed that signs
should not be allowed in residential right of way. At this time, Acting Mayor
North requested to pass the chair to Councilman Adeler, as he would like
to make a motion regarding this particular item. Councilman North then moved
to restrict all newspaper stands to areas not zoned residential and further
to restrict newspaper stands in all public rights of way. This motion was
seconded by Councilman Dodds. Prior to voting, there was some discussion
regarding the time period, and it was agreed that Mr. Savage should write
a letter to all newspapers giving them 30-day notice. Councilman North then
made an amending motion that the signs must be removed within 30 days after
notice. Seconded by Councilman Sample, the motion was passed by the following
roll call vote:
Ayes: All members present voted aye
Noes: None
Chairman Adeler then called for a vote on the amended motion. The amended
motion passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
13. CONSIDERATION OF A "RETIREMENT PLAN" FOR THE OLD GENERAL
FIRE TRUCK
Mr. Rick Herold, Driector of Parks and Recreation, was present. He then
reviewed the following points that he and Ronnie Gothard, Fire Chief, felt
would be necessary for the Council to consider prior to the use of the old
General for a park area.
1. We would have to strip the vehicle of a lot of dangerous or
breakable items, i.e., windshield, headlights, ladders, various pieces
of firefighting equipment.
2. We would need to weld the hood shut to protect against .injury.
3. We recommend a floor be put in the back of the truck to help
make climbing around the vehicle safer. Could be done using two by
fours and materials should be able to be gathered at no charge to the
city.
4. We would eliminate sharp edges and jagged corners.
5. Since the upholstery is ripped, it might be better to take out
the seats and replace with a bench. This should help guard against
potential vandalism.
6. Anchor doyen the truck at a site. Tires should be removed.
7. We feel (Fire Department and Parks Department) could work
together in making the truck suitable for a park. Due to present work
loads, we may need 30 days to complete the project.
8. We feel outside of anchoring the truck in place and placement
of a bench up front, there should be little if any expense incurred.
9. We feel the biggest problem with the placement of "Old General"
in a park would be graffiti written on the truck. We would anticipate
periodic paint jobs on the vehicle.
He also advised that the tires on the old General could be used on another
fire vehicle if they were to be removed. Councilman Adeler asked if any
kind of memorial-type sign could be donated by any civic organizations.
Acting Mayor North stated that he did not want to strip the old General to
make it usable for play at this time. Councilman Parker stated that he felt
the old General should be placed at a park other than Perryman, and he
suggested a park in the northern area of town. Acting Mayor North dis-
agreed, stating that Perryman Park was one of the oldest parks, it is located
across the street from the original Fire Station where the old General made
all of its runs. Councilman Parker stated that there are other areas in the
city that are much more desperate for park development than Perryman.
There followed lengthy discussion regarding the various options. Councilman
Parker stated that it would be important for the Council to know the time
element involved in getting this set up and the cost involved, as well as
where these funds will be obtained. Chief Ristagno stated that he felt that
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if the old General was used for a play area, the life span of the vehicle would
be approximately one year due to vandalism. Councilman Parker then recom-
mended that it be made into a historical area, fenced, and possibly do it
at a later date. After further discussion of this option, Councilman Parker
then made a motion that the old General fire truck be made a historical land-
mark in the city and that it be located in a fenced area adjacent to Fire Station
No.1 and that this be included in the budget for the 1982-83 fiscal year.
This motion was seconded by Councilman Dodds. After further discussion,
the motion was passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
14. CLOSED DOOR SESSION DEALING WITH PERSONNEL
A. PLANNING & ZONING COMMISSION APPOINTMENT
B. GOALS COMMITTEE APPOINTMENT
C. BOARD OF REVIEW OF THE DENTON COUNTY TAX APPRAISAL
DISTRICT/NOMINATION
Acting Mayor North announced that the Council would meet in a closed door
session dealing with personnel as authorized by Vernon's Annotated Civil
Statutes, Article 6252-17.
15. CONSIDERATION OF APPOINTMENTS OR NOMINATION A. PLANNING & ZONING COMMISSION
B. GOALS COMMITTEE
C. DENTON COUNTY TAX APPRAISAL DISTRICT BOARD OF REVIEW
Councilman Parker moved that Robert V. Fiumara be appointed to the Planning
and Zoning Commission to fill the vacancy made by the resignation of Clarence
Gary. Seconded by Councilman Dodds, the motion was passed by the following
roll call vote:
Ayes: All members present voted aye
Noes: None
Acting Mayor North stated that there would be no Goals Committee appoint-
ments. Councilman Dodds then moved to table the nomination to the Denton
County Tax Appraisal District Board of Review to a special session to be
held on Friday, March 26. Seconded by Councilman Adeler, 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, Councilman Dodds
moved to adjourn. Seconded by Councilman Adeler, 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 12:44 a.m.
ATTEST:
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