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HomeMy WebLinkAbout05/17/1982 City Council MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON MAY 17, 1982 A REGULAR SESSION of the City Council of the City of The Colony, Texas, was called to order at 7:30 p.m. at the CATV Building with the following members present: Gene Pollard Mayor Larry Sample Councilman Norman Adeler Councilman Charlie Parker Councilman Charles Dodds Councilman Marlene Poole Councilman and with Councilman Scott North not in attendance; however, a quorum was established. 1. APPROVAL OF MINUTES Councilman Parker moved to approve the minutes of the regular meeting held on May 3, 1982. Seconded by Councilman Sample, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 2. RECEIVE CITY MANAGER'S STATUS REPORT Mr. Savage advised the Council that Friday morning he did meet with repre- sentatives from CATV regarding their May 18th deadline. He stated they were still working in Sections 23 and 25, the areas east of Taylor on Trego and Treece and also in areas south of Baker. However, he did feel that the company had made a good faith effort despite the weather to provide service to all areas that were completed at the time of the signing of the franchise contract 18 months ago. He further stated they were laying one and one-half to two miles of cable per week. He also advised that they had installed equipment at Station 2 for weather alert, which did have emergency override capabilities. The Council then discussed some of their concerns regarding the completion of the construction of lines by CATV. Councilman Parker requested that they appear before the Council at the next regularly scheduled meeting. Mayor Pollard requested a written response from CATV also, and Councilman Sample agreed, stating it should be in writing. Mr. Savage told the Council that information had been provided to them regarding a work session for new mayors and councilmen to be conducted by the North Texas Council of Governments on Thursday, June 3rd. He stated that in May the city had received a sales tax check from the State of Texas in the amount of $24,676. He reminded the Council that the Goals Committee will be conducting their Public Hearing on Wednesday, May 19th at 8:00 p.m. He told the Council that he and Chief Ristagno would be presenting the interloca] agreement with Denton County tomorrow morning at the Commissioners Court and, if this agreement was approved by the County, it will be on the next agenda for the Council to consider. Regarding the recent rains, Mr. Savage told the Council that the lake level had risen to 535 feet and water was now flowing over the spillway; the bridge on FM 423 at Eastvale was closed as well as the Stewarts Creek Road. He stated that the Corps of Engineers have projected that it will be six to eight weeks before the water has receded away from the Stewarts Creek Road. Councilman Sample was concerned regarding the flooding along Paige Road and requested an update on this problem at the next -1- 001163 Council meeting. Councilman Dodds requested that Mr. Savage request that the County properly grade the road south of Hwy. 121 adjacent to the IBM property that the city has recently annexed. He also requested an officer to direct traffic in the morning hours at Paige Road and Hwy. 121. He was concerned that people turning left onto Hwy. 121 did not have the opportunity to do so. He also stated that he would like to see an officer at FM 423 and South Colony Blvd., particularly to control the problem of motorists cutting through the Stop 'N Go parking lot. Mr. Savage answered that the Police Department did conduct an intensive campaign at Stop 'N Go three months ago and could certainly do the same again. He advised that a signal would be in soon at Paige and Hwy. 121 but that he did have a problem placing an officer at those intersections due to the extreme unsafe conditions. Janice Carroll, City Secretary, advised the Council that she had contacted the Chamber of Commerce regarding the transfer of the Fourth of July special account to this organization. She further advised that the auditors did not approve of the use of special accounts by the city. The Council asked if other groups had been contacted regarding the takeover of these accounts. Mrs. Carroll advised that they had not and that further informa- tion could be gathered for the Council. 3. PUBLIC HEARING ON APPLICATION OF THE CITY OF THE COLONY TO HAVE THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY AMENDED TO REMOVE THE REQUIREMENT OF A SPECIFIC USE ZONING FOR TEMPORARY CARNIVALS AND CIRCUSES IN THE CITY Councilman Dodds moved to open the hearing. Seconded by Councilman Adeler, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Mr. Bradburry gave the staff presentation to the Council. He stated that the Planning and Zoning Commission at their meeting held on May 12, 1982, did agree that a zoning requirement for temporary carnivals and circuses should be deleted from the Zoning Ordinance. He stated that the Planning and Zoning Commission also reviewed recommendations presented by the staff to them for a permitting ordinance. Primarily, they had two concerns: (1) They would like all carnivals to be shut down at 10 p.m. on Sundays instead of ll p.m., (2) They would like to see a $1,000 cash bond require- ment removed and have a performance bond added. Their concern, Mr. Bradburry explained, was having non-profit organizations supplying this type of guarantee to the city. Councilman Dodds stated that he did agree with the removal of this process from the Zoning Ordinance. Councilman Parker expressed concern of this effect upon the existing projects, namely the Lions Club and the Jaycees. Mr. Savage advised he would coordinate with these two organizations regarding their upcoming carnivals or circuses. Mayor Pollard was concerned with the fee. Mr. Bradburry said that was certainly up to the Council, however, the staff did recommend that non- profit organizations not be charged for the actual permit. After further discussion, Councilman Parker moved to close the public hearing. This motion was seconded by Councilman Sample. Prior to voting, Councilman Dodds entered an amendment motion to close the public hearing and request that the closing time on weekends be changed to 12 p.m. and that a perfor- mance bond be required. This amendment motion was seconded by Councilman Sample. The motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Pollard then called for a vote upon the amended motion. The motion carried by the following roll call vote: Ayes: All members present voted aye Noes: None -2- 001164 4. RECEIVE PRESENTATION REGARDING PUBLIC SWIMMING POOL PLANS Mr. Nick Oprea was present to present to the Council the proposed financing plans for a swimming pool in The Colony. He advised that a group of citizens had formed The Colony Cultural and Recreation, Inc. The purpose of this organization is to solicit funds for recreational projects. He stated that he was president of this association, Dr. Brent Piranio is vice president, Mr. John Twomey is secretary-treasurer and Mr. Ron Keith is a member. He then introduced Mr. John Tucker, the architect, to present the swimming pool plans. At this time, Mayor Pollard called for a brief break prior to this presentation. Upon reconvening, Mr. Tucker presented to the Council the plans for the proposed pool. He advised that they were looking at a 25-meter pool with dressing facilities, a meeting room, a game area and a 3300 square foot bath house with a concession. He said there would also be a shallow wading area separate from the regular pool. The Council then proceeded to ask numerous questions regarding these proposed plans. Mr. Tucker advised Councilman Adeler that the cost was estimated at $567,000, which does not include ]and or parking. He stated that a pool of this size would probably require 60 to 100 parking spaces and that the corporation would like to share the use of the athletic fields' parking area. Mr. Nick Oprea clarified for Councilman Parker that the organization would like to request that the city donate the land for this pool and, in turn, the pool would be turned over to the city for maintenance and operation upon its completion. Mr. Savage told the Council that in a meeting with Nick Oprea there were several land sites under consideration, the primary one being at Office Creek Park. Another consideration, Mr. Savage stated, would be the land where the City Hall is presently located. The Council expressed concerns regarding the cost of maintenance and operation for this pool, as well as the immediate funding procedures. Mr. Oprea stated that they would use a professional fund raiser, they would contact clubs and businesses and that Fox & Jacobs has stated they would be willing to expend funds on this project. It was further explained that once the money had been accumulated, the project must go out for open bids. A payment bond would have to be put up by the corporation before the construction contractor would begin work. Mr. Tucker explained that this is necessary because a lien cannot be placed on public property. Mayor Pollard asked what was the cost for this payment bond. Mr. Keith advised that it is 1.2% of the total project cost. Councilman Sample expressed concern regarding the disposition of the funds if the project failed. Mr. Oprea explained that all monies donated would be put in an escrow account, and it would be returned to the donators. Councilman Poole requested a copy of their bylaws and incorporation papers. Councilman Dodds asked about the timing on this project. Mr. Oprea answered that they were looking at begining construction in the summer of 1983. Mayor Pollard asked what the group specifically wanted from the Council. Mr. Oprea requested a resolution of support for this project. Mayor Pollard answered that he felt it impera- tive that the Council receive the Goals Committee report first and that he, personally, would like to have additional information regarding this organization, their funding procedures and the total scope of the project before it is publicly supported. Councilman Sample requested additional information on the cost and procedures also. Mr. Oprea stated he did expect to come back before the Council with further information in the near future. Councilman Dodds stated that he was very open to this project but agreed that they would like to have more information. Mayor Pollard did agree that it was a tremendous idea if properly executed. Councilman Parker suggested that this be an item placed at the next available work session to discuss. It was the Council's consensus that they were willing to work with the corporation if proper information was submitted to them. 5. RECEIVE PETITION FOR ANNEXATION, SERVICE PLAN AND CALL PUBLIC HEARINGS ON THE ANNEXATION OF 11.058 ACRES OF LAND LOCATED WEST OF FM 423 IN THE CLOSE PROXIMITY OF NASH DRIVE Mr. Savage advised the Council that Fox & Jacobs owns an 11.058 acre tract of land located west of FM 423 across from Nash Drive. He stated through an oversight this area has never been annexed into the city limits. Mr. Tom Cravens of Fox & Jacobs has submitted a petition to the Council formally requesting that the property be annexed. Mr. Savage stated that -3- 001165 the land does front on FM 423. He also told the Council that the property to the south is zoned for multi-family use, and the land to the north is zoned for single-family use. In accordance with state law, Mr. Savage presented the following service plan for providing municipal services. 1. Fire Protection & Police Patrol are currently being provided. 2. Sanitation. If the area is developed for single family or duplex housing, Texas Waste Management will provide sanitation service. 3. Streets and Parks. There are currently no developed streets or parks through this property. 4. Municipal services will be provided when the area is developed. After a brief discussion concerning the proper procedure, Councilman Dodds moved to accept the petition and service plan and call a Public Hearing for June 14, 1982. This motion was seconded by Councilman Parker and passed by the following roll call vote: Ayes: All members present voted aye Noes: None Councilman Dodds then made a second motion to direct the staff to publish the legal notice in the newspaper regarding the Public Hearing and, further, to direct the staff to have the attorney prepare the proper annexation ordinance to be considered by the Council on July 6, 1982. Seconded by Councilman Sample, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 6. CONSIDERATION OF PLANS FOR THE OPENING OF STEWARTS CREEK PARK Mr. Savage stated to the Council that enclosed in their packet was a proposed plan for the opening of Stewarts Creek Park, however, due to the recent rains, the park area has been closed until approximately July 1st, and he would recommend that the Council table taking any action or discussion until closer to this opening date.' Councilman Parker felt that the Council should go ahead and still establish the fee, contingent upon negotiations with the Corps for a lease arrangement. 7. CONSIDERATION OF RESOLUTION ESTABLISHING A USAGE FEE SCHEDULE FOR STEWARTS CREEK PARK Mayor Pollard presented the following resolution: WHEREAS, the City of The Colony has entered into a license agreement with the U. S. Army Corps of Engineers to operate Stewarts Creek Park for one year from May 1, 1982, and WHEREAS, the Council feels that it is in the best interest of Colony citizens to regulate this park and supplement maintenance costs through a fee structure. NOW, THEREFORE, be it Resolved by the City Council of the City of The Colony, Texas: That the City of The Colony does hereby adopt a $10 . 00 annual user fee and a $2.00 per day user fee to be administered by the Parks and Recreation Department, subject to approval by the U. S. Army Corps of Engineers. PASSED AND APPROVED ON THIS THE DAY OF , 1982. /s/ GENE POLLARD, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY Councilman Parker moved that this resolution establishing the fees for the use of Stewarts Creek Park be approved as presented. The motion was seconded by Councilman Sample. Mayor Pollard clarified that the purpose of this action was to simply have all paper work in order prior to negotiations with the Corps of Engineers. At this time, Mayor Pollard 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 --4-- O01166 8. DISCUSSION OF "PAPER REFUSE SACK" SYSTEM Mr. Savage stated that when John Gustafson of Texas Waste Management presented his status report to the City Council, there was a lot of discussion regarding the use of paper bags rather than the plastic garbage bags presently being used. He told the Council that he had enclosed a sample of these paper bags in their packet. This sample was provided by the St. Regis Paper Company. St. Regis does provide the bags used by the City of Farmers Branch. He stated that paper bags had several advantages. They are generally stronger, more puncture proof and when properly sealed, less likely to be torn open by animals. He added that in communities where paper bags are used, customers find that they can often get more garbage in them and, on a unit cost basis, paper bags are more expensive than plastic bags but, if customers can use fewer, they are often cost competitive. Generally, when paper bags are required, customers usually are supplied a 50-bag bundle twice a year. Then, if additional bags are needed, the customer purchases them from the city. The current cost for paper bags is between 18-20¢ depending upon the size of the order. The price of store-bought plastic bags varies considerably, but 2 or 3-mil 30-gallon garbage bags are probably less expensive. Mr. Savage stated that Mr. Feld sent 250 paper bags, and he did recommend picking a particular area of town to run a test for one month to get customer reaction. Based on this reaction, the Council might want to reconsider the use of plastic bags. Councilman Poole requested that this test be made at homes that do not have a rear entry onto the alley. In a discussion of actual usage and the quantity used, Councilman Dodds suggested that we contact Farmers Branch for this information. The Council did agree with a test block being used and that they would consider the results of this test at a later meeting. 9. DISCUSSION OF COUNCIL RETREAT AGENDA Janice Carroll, City Secretary, presented to the Council for their consideration this proposed agenda for the retreat to be conducted on May 22nd and May 23rd. The Council requested that the Lewisville Independent School District Board be included also in the Saturday agenda. The Council expressed -- concern that there was not a particular time for a brainstorming work session for themselves. It was agreed that on May 22nd, 8-9:30 a.m. would be for Council discussion only and that May 22nd would also end with Council discussion only. It was further agreed that from 4:30-6:00 p.m. on Sunday, the Council would also have time for a general review. Based on these corrections, there was a general consensus that the Council was in agree- ment with the agenda. 10. CLOSED DOOR SESSION DEALING WITH PERSONNEL/INDUSTRIAL DEVELOPMENT CORPORATION Mayor Pollard announced that the Council would now meet in a closed door session dealing with the appointment to the Industrial Developmetn Corpora- tion, as authorized by Article 6252-17 of Vernon's Annotated Civil Statutes. 11. CONSIDERATION OF APPOINTMENTS/INDUSTRIAL DEVELOPMENT CORPORATION Upon reconvening in open session, Councilman Dodds nominated Paul Semones. Councilman Sample nominated Bob Brown. Councilman Poole moved that nominations cease. Seconded by Councilman Dodds, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Mayor Pollard called for a vote for candidate Paul Semones. Councilman Sample No Councilman Adeler Aye Councilman Parker Aye Councilman Dodds Aye Councilman Poole No Mayor Pollard No -5- O011G? Mayor Pollard then called for a vote for candidate Bob Brown. Councilman Sample Aye Councilman Adeler No Councilman Parker No Councilman Dodds No Councilman Poole Aye Mayor Pollard Abstained Councilman Dodds then moved to reopen nominations. Seconded by Councilman Adeler, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Councilman Dodds nominated Paul Semones. Councilman Poole nominated Ed Conway. Councilman Dodds then moved that nominatiions cease. Secon- ded by Councilman Poole, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Mayor Pollard then called for a vote on candidate Paul Semones. Councilman Sample Aye Councilman Adeler Aye Councilman Parker Aye Councilman Dodds Aye Councilman Poole No Mayor Pollard Aye Mayor Pollard then called for a vote ons candidate Ed Conway. Councilman Sample No Councilman Adeler No · Councilman Parker No Councilman Dodds No Councilman Poole Aye Mayor Pollard Abstained Mayor Pollard then stated that Paul Semones had been elected to fill the vacancy left by the resignation of Mr. John Twomey from the Industrial Development Corporation. Mayor Pollard then stated for the record that Mr. Bob Brown can and has made a strong contribution to this city, and the city should use his talents in the near future. There being no further action to be taken by the Council, Councilman Dodds moved that the meeting be adjourned. Seconded by Councilman Parker, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Mayor Pollard adjourned the meeting at 11:32 p.m. GENE/POLLARD, MAYOR ATTEST.:~-~)