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HomeMy WebLinkAbout11/15/1982 City Council ~INUTHS OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON NOVEMBER 15, 1982 A REGULAR SESSION of the City Council of the City of The Colony, Texas, was called to order at 7:00 p.m. with the following members present: Gene Pollard Mayor Scott North Councilman Larry Sample Councilman Norman Adeler Councilman Charles Dodds Councilman Marlene Poole Councilman and with Councilman Charlie Parker absent due to an out of town business trip; however, a quorum was established. 1. APPROVAL OF MINUTES Councilman North moved to approve the minutes of the Special Session held on November 8, 1982, as presented. Seconded by Councilman Poole, the motion passed by the following vote: Ayes: All members present voted aye Noes: None 2. CITIZEN INPUT Sherri Campbell of 4436 Augusta was recognized and stated that she is very angry with Fox & Jacobs, because she feels they are saying one thing and doing another. She stated that she has lived in The Colony for four and one-half years and was told that Fox & Jacobs would not mix housing types in an area and now this is what they are doing. Lynn Strunk of 4536 Augusta was recognized and asked if the proposed cluster homes had been approved stating that she would like for this area to stay single family. It was clarified for her that the cluster homes are single family, and the concept was described for her. Mrs. Strunk then stated that they were definitely high density housing, and she did not think the area could handle this high density. She was also very concerned with the value of her property, and stated that it was her understanding when she purchased her home that only houses similar to her own would be built in the area. At this point, Janice Carroll, Acting City Manager, pointed out that there will be a Public Hearing before the Planning and Zoning Commission concerning this question on December 7th and then a Public Hearing before the City Council on December 13th. Scott Carter of 4440 Augusta was recognized and stated that he was also concerned about the housing mix in this area. Teresa Carter, who also lives in this area, was recognized and stated she had the same concerns as already mentioned concerning the housing mix. Ron Shireman of 4421 Hale was recognized and stated that he was concerned also about the housing mix. He stated that he lives in a Flair home and he is opposed to the cluster housing in this area. He also stated that he was told that Hale Street was supposed to be all Flairs, but Fox & Jacobs has built Accents on the street. Councilman Poole asked the name of the salesman who told Mr. Shireman that only Flairs would be built on his street and he answered that it was Bob Kelly. At this point, Mayor Pollard -1- clarified that the City has no control over the size of the houses built on particular lots. Sherri Campbell was recognized again and stated that she had talked with Mr. I. R. Bradburry, Director of Community Development, about the possibility of Residential Districting in The Colony, and she was very interested in seeing this done. Councilman North stated that setting up a Planned Development was one way of controlling what was built other than the resi- dential districting, as the planned development does 9ire the city some control. At this point Mayor Pollard did state that the Council would really prefer to discuss this issue at the Public Hearing, which would be sometime in December. Mayor Pollard also directed Janice Carroll, Acting City Manager, to place the residential districting question on the December 7th agenda of the Planning and Zoning Commission. Martin Maldonardo of 4420 Augusta was recognized and stated that he also was concerned with the mixing of house sizes and the planned cluster development. Mayor Pollard clarified again that the Council could do nothing about the situation tonight, but he did say that he would check into the situation with Fox & Jacobs tomorrow. Ron Shireman asked if Fox & Jacobs built a Today home across the street from him, was Mayor Pollard saying that the City could not do anything about it. Mayor Pollard stated that this was true right now. Kenneth O'Neal, who also lives on Augusta, was recognized and stated that his concerns were the same as had already been discussed. He did state further that in his opinion the clusters would become future slums. Mary Ann Hardy was recognized and stated that she had the same concerns as her neighbors on Augusta. She had been told by Fox & Jacobs that these homes would not hurt her property value at all because the square footage would be comparable. At this point, Councilman Sample did clarify that except for one model, the homes planned for the clusters are the same as models already built in The Colony; the only difference would be the cul de sac arrangement. Mr. Hardy stated that he was very concerned that they had evidently been verbally misled, and he stated that he had been told that the area where Stewarts Creek Elementary School is now would be a park area. Mayor Pollard called for a brief recess before resuming the remainign agenda items. 3. RECEIVE CITY MANAGER'S STATUS REPORT Mrs. Carroll stated that she had received minutes of the previous meeting and a financial statement from the Denton County Tax Appraisal District. Their next meeting is scheduled for November 18th at 3:30 p.m. The financial statement, she advised, gives the percentage of their budget spent to date. She stated she would provide this information to the Council. She advised the Council of a Board meeting of the Municipal Utility District to be held November 18th at 7:00 p.m., and the upcoming bond sale would be discussed at this meeting. She also stated that she had a copy of MUD's budget for fiscal year 1982/83 and that she would provide copies to the Council. -2- She advised that the Police Department accepted bids on eight new vehicles but that this item would not be on the agenda until the next meeting, as N. C. Ristagno, Police Chief, stated he wished to give the matter further study. She stated that she had received traffic figures from COG, and these would be provided to the Council. She advised the Council of a structure fire on North Colony Boulevard Sunday, November 14th, at a house west of Paige Road. Ronnie Gothard, Fire Chief, stated that although the house was a total loss, most of the furniture was saved. She advised that there would be a meeting of the Insurance Committee tomorrow at 10:30 a.m. At this point, Rick Herold, Director of Parks and Recreation, was recognized and introduced Mr. Gobble, a turkey, to pass out flyers concerning The Colony Turkey Trot to be held November 20th at Stewarts Creek Park. Mrs. Carroll announced that the auditors would be at City Hall Wednesday, November 17th, to begin work on this year's audit. She also advised that this week two CDs were invested at savings and loan institutions for 30 days, one at 10% and the other at 11%. She advised that Mr. I. R. Bradburry, Director of Community Develop- ment, had requested a 45 mile per hour speed zone at Highway 121 and Paige Road when the new signals are installed. She also advised that in Mr. Bradburry's opinion, the sign stating "Do Not Block Intersection" would not be feasible, as it is not likely that the Highway Department would agree to this. Councilman North asked if it would be possible to get signals at the intersection of the new Blair Oaks extension and Highway 121. Mayor Pollard suggested that the Police Department might put an officer in this area during peak times. Mr. Bradburry advised that he had a meeting Tuesday morning with Mr. Neal concerning the widening of FM 423. Mrs. Carroll stated that the cost had increased slightly for this project from $290,000 to $292,616.53. Mrs. Carroll advised that she had received an opinion from our attorney concerning school zone markings. She advised that the survey of Stewarts Creek Park had been completed and would be mailed back to the Corps of Engineers this week. This completes the lease agreement for the park. 8. RECEIVE FINANCIAL REPORT FROM CATV Mayor Pollard stated that per a telephone conversation with Mr. Ben Campbell and a letter which he had received from him, this item would be postponed until the next meeting. 4. CONSIDERATION OF PROCLAMATION ESTABLISHING THE WEEK OF NOVEMBER 14th AS CHILDREN'S BOOK WEEK IN THE COLONY At this time, Mayor Pollard read aloud the following Proclamation in its entirety: WHEREAS, books are one of the best ways to bring the world to the child; and WHEREAS, books can expand the child's world, inspiring his imagination and ambition; and WHEREAS, curiosity is aroused as horizons are widened and knowledge increased by the experiences books offer; and WHEREAS, books are vital to a child's educational growth and should be available to all children to buy, to borrow and to own; and -3- WHEREAS, when we "Pass the Word - Read," we remind children and ourselves how worthwhile and important reading books truly is; NOW, THEREFORE I, Gene Pollard, Mayor of the City of The Colony, Te×as, do hereby proclaim the week of November 15 through November 21, 1982, to be CHILDREN'S BOOK WEEK in the City of The Colony, and encourage the year-round reading and enjoyment of children's books. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of The Colony to be affixed this 15th day of November, 1982. /s/ GENE POLLARD, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY Ann Beckel, Librarian, was recognized and presented Mayor Pollard with a giant book mark and outlined some of the activities which would be available during the week. 5. CONSIDERATION OF ORDINANCE GRANTING A SPECIFIC USE PERMIT IN A SHOPPING CENTER ZONING FOR THE SALE OF BEER AND WINE BY THE SOUTHLAND CORPORATION ON THE SOUTHEAST CORNER OF NORTH COLONY BOULEVARD AND FM #423 At this time, Mayor Pollard read aloud the following ordinance caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE COMPRE- HENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY SO AS TO CHANGE THE PROPERTY DESCRIBED HEREIN TO "SC" SHOPPING CENTER DISTRICT SUBJECT TO A SPECIFIC USE PERMIT FOR A BEVERAGE STORE (DEFINITION 109); PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS 15200.001 FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE ~_~ DATE. Councilman North moved to approve the ordinance as presented. The motion was seconded by Councilman Adeler. ~r. Marc Drasin of the Southland Corporation was recognized to answer any questions the Council might have. Councilman Sample stated that he wanted it noted that the Council had studied traffic flow in this area. Mayor Pollard then called for a vote on the motion on the floor. The motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None 6. CONSIDERATION OF EARLY PAYMENT ON CONTRACT WITH JIM EAGLE TURF Janice Carroll, Acting City Manager, referred the Council at this time to memos written by Councilman Charlie Parker and Director of Parks and Recreation, Rick Herold, on this subject, and also advised that there had been a meeting with representatives of Jim Eagle Turf. Mr. Herold then introduced Jim Eagle, Jr. to answer any questions the Council might have. Counci~lman Sample stated that the agreement was signed on June 1, 1982, but work did not begin until July 26th. Mr. Herold advised that his depart- ment was in constant contact with Jim Eagle Turf during this time. Their understanding had been that the work would begin within 30 days but, due to other commitments made by Jim Eagle Turf, as well as the heavy rain, they were late starting. Mayor Pollard clarified at this point that the contract called for work to begin within five days after the date written notice was given to Jim Eagle Turf. Jim Eagle, Jr. replied that he had no good answer for this. Mr. Herold was asked if he had prior knowledge of this delay, and answered that he did not. Mayor Pollard then asked Mr. Eagle if they were aware of their prior commitments on the day they signed the contract with The Colony. Mr. Eagle simply -4- stated again that they did start late. Councilman Sample then asked if they had been ready to begin in The Colony on June 7th as the contract called for, could they have started somewhere other than at Turner Street, where the heavy rain had caused erosion. Mr. Herold answered that the watering system was not available at that time. Councilman Sample then asked about instances when equipment was moved from The Colony to other areas, thus causing further delay. Mr. Eagle stated that this was due to the lack of water at The Colony sites, which was necessary for getting the grass started properly. At this point, Mr. Herold did clarify for Mayor Pollard that he did not approve this delay. Mr. Eagle then stated that they had planted 435 bushels of grass seed per acre instead of the required 250 bushels per acre. Mrs. Carroll stated that her primary concern on the billing was whether or not this grass would last through the playing season and winter. At this point, Mr. Herold gave Mayor Pollard and the members of the Council copies of a letter of guarantee from Jim Eagle Turf, stating that (1) all of the grass still carried all of the original guarantees and warranties covered in the specifications asbid and (2) they would come back to The Colony as soon as requested by the Parks and Recreation Department this spring to finish up the job. Councilman Sample asked if the grass would die this winter due to the late sprigging, and Mr. Eagle stated that the grass was guaranteed and, therefore, would be replaced in this event. Councilman Sample then asked how long Jim Eagle Turf had been in business, and was told they had been operating for 25 years. Councilman Sample then asked what guarantee The Colony had that Jim Eagle Turf would still be in business next year. Mayor Pollard stated that the bond would still be in effect. Councilman Poole wished to know the cost to The Colony after the planting of the rye grass and the extra fertilization. The cost of these services was $1,800 she was told, and Jim Eagle stated that this procedure is one they recommend from a security standpoint. Councilman Poole asked if Mr. Herold was aware of this extra expense when the contract was signed. Jim Eagle answered that this was just a recommendation; not a requirement. Mayor Pollard then asked if this extra $1,800 expense would have been necessary if the grass had been started on schedule, and Jim Eagle answered that in his professional opinion, this still would have been necessary. Mr. Herold stated that his main concern at Turner Street Park was to have the fields ready for the soccer season, as he had made a commitment to do this. Mayor Pollard then asked about the cost breakdown at the various parks. Jim Eagle stated that this was billed on a per-acre basis and gave the following informa- tion: 4.45 acres in Bridges Park 2.45 acres in North Colony Park 7.90 acres in Turner Street Park This was billed at about $1,100 per acre plus a 10% retainage fee. Mr. Eagle stated that $9,955 has been billed to the city or about 55% of the total contract. Councilman North then questioned the figures he had concerning the percentage of completion at each park, stating that these figures showed only about 5-6% more work to be done. Mr. Herold stated that these percentages had been lowered by his department because of areas which they were not satisfied with. Councilman North then asked if it was possible that The Colony might actually get more for their money due to the delays, and Jim Eagle stated that he felt that this was possible. Mayor Pollard then stated that the contract called for payment upon completion but mentioned no provision for partial payment. Mr. Eagle stated that they are in their dormant season right now and have been working with the city, and he therefore hoped the city would help them out by making this partial payment. After further brief discussion, Councilman North moved to make this partial payment of $9,955 effective the first week in January. The motion was seconded by Councilman Dodds. Councilman Sample asked if we were spending $1,800 more than the contract amount. Mr. Herold answered that yes we were but that this was separate from the contract and came out of grant money. Councilman Sample -5- then stated that in his opinion the City ha~ 9one over the contract amount, and the Council was not told. Mayor Pollard stated that this work was not in the original contract but was a separate expense. Councilman Sample then state~ that he simply wishefl that in cases such as this the Council could be notified. At this point, Mrs. Carroll clarified that Mr. Herold did tell the City Manager about this situation at the time. Mayor Pollard then called for a vote on the motion on the floor. The motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Pollard called for a five-minute recess at this point. 7. CONSIDERATION OF PASSAGE OF ORDINANCE ESTABLISHING FIRE LANES At this time, Mayor Pollard read aloud the following ordinance caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, PROVIDING FOR THE ESTABLISHMENT OF FIRE LANES; PROVIDING SPECIFICATIONS AND LOCATION OF FIRE LANES; PROVIDING FOR THE MARKING OF FIRE LANES; REQUIRING OWNER OR PERSON IN CHARGE OF PRIVATE PROPERTY TO MAINTAIN FIRE LANE MARKINGS; 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 Adeler moved to approve this ordinance as presented. The motion was seconded by Councilman Dodds. Mrs. Carroll stated that this ordinance had been needed for some time and that Ronnie Gothard, Fire Chief, was present to answer any questions that the Council might have. This ordinance would establish fire lanes in shopping centers and at schools a minimum of 20 feet in width, stated Mr. Gothard, and the property owners would be responsible for the markings. Mr. Gothard also stated that the most important things this ordinance does is to give the city the right to enforce these fire lanes. Councilman Adeler asked about areas other than shopping centers and multi-family housing. Chief Gothard said that the ordinance would apply to all public assembly buildings and anything over two stories in height. Councilman Poole asked about signs designating these fire lanes. Chief Gothard stated that no signs were required and that they were to be marked by a red line four inches in width with white markings within this boundary showing no parking. Councilman North asked who would be responsible for enforcement. Chief Gothard answered that the Fire Department would have the authority but that he would project that the majority of the enforcement would be done by the Police Department. Mrs. Carroll clarified that the Community Development Department only gets involved in cases of city code violations. Councilman Poole asked what type of notification would be given to citizens on this, and Chief Gothard answered that this ordinance would be enforceable as soon as passed and when the fire lanes were marked. Mayor Pollard then 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 10. RECEIVE REPORT UPDATE ON LOCAL HOSPITAL FACILITIES Councilman North was recognized to give this report and stated that he would also call on Chief Gothard for some of the details. Councilman North referred the Council to the memo they had been given prepared by himself, Chief Gothard and Chief Ristagno. Councilman North stated that this committee would be getting together again. The committee has visited area hospitals to see what type facilities would be available at each in the emergency room area for our newly-trained paramedics. Following is an outline of what they found: -6- Lewisville Memorial Hospital Beds: 4 Primary Treatment Rooms with six patient capacity Maximum 8 patients in Emergency Room--overflow in I.C.U. 1 Cardiac Room--1 bed 1 Orthopedic Room--2 beds 2 Treatment Rooms No plans to expand Emergency Room within next 5 years Staff: Two doctors on call 24 hours per day for Emergency Room duty. Entire staff on call during office hours when needed and available for emergency duty. Medical Lewisville Memorial Hospital is state designated Control: medical control facility for Denton County along with Westgate and Flow hospitals. Authorized to give orders direct to paramedics and special skills personnel in the field. Time: The Colony to Lewisville Memorial Hospital over the last three months is an average of 13 minutes. Plano General Hospital Beds: 12 Basic beds Total capacity of 16 beds * Two bed trauma room with surgery capability * One bed cardiac care room * Nine standard treatment rooms Recently completed expansion of Emergency Room and future planned expansion to include complete trauma center. Staff: Emergency Room physician present in ER 24 hours/day. Additional physician present during peak periods. Five doctor staff to conduct 24 hour coverage on rotation basis. All doctors on Plano General staff available for Emergency Room on call. Medical Currently doctors unable to issue orders directly Control: to paramedics in field. Plano Emergency Room currently under BIO-TEL System. The Parkland System. In order to join BIO-TEL the first year fee is 35¢ per capita according to last COG census. Each year after 20¢-22¢ per capita. Time: The Colony to Plano over last three months average time, 19 minutes. Councilman North stated that Plano General plans to have a complete trauma center in two years. Chief Gothard clarified for Mayor Pollard that the Plano ER participates in the BIO-TEL System, which is headquartered at Parkland Hospital in Dallas. The Colony would have to pay to be a part of this system, as stated in the memo, before their personnel could issue orders to our paramedics. Lewisville Memorial can at this time issue these orders which our paramedics would, of course, need. It was clarified by Chief Gothard at this point that a patient may be transported wherever they designate after these initial orders are received. He also stated that any city which has a radio system can participate in BIO-TEL after paying the required fee. Councilman North stated at this point that apparently not all hospitals wish to have the state medical control facility designation due to liability insurance costs involved. Councilman North clarified that this was simply a fact-finding report at this time, and they were making no recom- mendations. He did state that by participating in BIO-TEL, you would have the advantage of the experience of the Parkland doctors -7- who have handled numerous trauma cases. Chief Gothard stated that The Colony's system does lack telemetry capabilities at this time. The equipment needed for this would be an Apcor 12-watt radio. The only other piece of equipment which would be vital would be a heart monitor, Chief Gothard stated. It was also pointed out that under the Parkland System, order would be issued only to paramedics trained under their system, and Parkland also does not accept the special skills level of training. We have some paramedics receiving their training from Cooke County and some special skills personnel. 9. CONSIDERATION OF AWARDING BID FOR OUTDOOR WARNING SIREN SYSTEM AND AUTHORIZATION ORDINANCE ON SAME Fire Chief Ronnie Gothard was recognized to present the bids received at this time, which were submitted on a performance basis, as shown below: 1. Ken's Communication, Wylie, Texas, $20,835. This was for one ACA P-50 siren located in the area of the John Yates Park site. The effective radius is 9,000 feet for planning purposes. All equipment would be pole mounted and installed, tested and accepted within 90 days from date order is received. The bid did include the following notation--"The radius quoted and the db levels quoted are under ideal test conditions by independent laboratories. Test results may vary depending on various factors, including weather conditions. Due to the different layouts of the siren sites, no one can guarantee an exact db level at any particular site. However, we do guarantee that the euqipment does produce the advertised output under test conditions by inde- pendent laboratories." 2. Gifford Electric, Fort Worth, Texas, $39,945. This was for three ACA P-10 sirens utilizing a 4,500-foot effective radius for planning purposes. It is quoted to be completed within 30 days after Gifford Electric receives the equipment in their shop and their supplier is currently quoting an eight-week delivery time after receipt of the order. The system bid would be mounted on wood poles with all equipment pole mounted. In the bid it was noted--"Gifford Electric, Inc. will not guarantee 70 db coverage for the city, however, our systems are all satisfactory to our customers and tests have been conducted which show that the systems do in fact maintain a satisfactory sound level." Chief Gothard stated that an invitation was sent to Federal but they stated it was never received. One Federal location in Louisiana did receive this information but they forwarded it to their factory and the factory stated it was not received. Councilman Adeler wanted to know if two of the P-50 sirens could be used in order to get coverage which might be even better than with the three P-10 sirens. Councilman Sample asked what sound would be comparable to 70 decibels. A representative from Ken's Communication was recognized and stated this would be approximately comparable to a person speaking at a level slightly louder than the average speaking level. Mayor Pollard then aksed which system Chief Gothard would recommend. Chief Gothard stated that there were advantages and disadvantages with each system and he would, therefore, fine it very difficult to recommend either. Councilman North asked what the sound would be like if the siren were in your back yard. The representative from Ken's Communication stated that this would make no difference, because the siren is mounted on a tall pole. Mayor Pollard then asked Janice Carroll, Acting City Manager, what was budgeted for this system. She answered that $7,500 was budgeted for this year based on a lease purchase, with an expense of $21,000 to $22,000 expected within three years. Mayor Pollard then stated that in his opinion, the Council should consider one large unit now, with the thought that the system could be added to at a later date. Councilman North asked about the civil defense system which CATV had stated they would furnish the city in the amount of $15,000, this amount to be in cash if no grant money available. Councilman Sample stated that when CATV was asked about this, they indicated that the access capability the city has -8- in the form of the special channels for emergency warnings was intended to cover this. Councilman North asked the representative from Ken's Communication why they did not submit a bid on three sirens. He replied that when the company had done this in the past, it had not worked out well. At this point, Mayor Pollard recognized Mayor John Clanton of Frisco and Mayor Lonnie Richards of Little Elm who were in the audience. Councilman Dodds then moved to accept the bid from Ken's Communication and pass the authorization ordinance on same in the amount of $20,835. The motion was seconded by Councilman Sample. Mayor Pollard then read aloud the following ordinance caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE FIRM OF KEN'S COMMUNI- CATION IN THE AMOUNT OF $20,835 FOR OUTDOOR WARNING SIREN SYSTEM; ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Councilman North asked the Ken's Communication representative if we purchased another siren like this one would this price still be good. He replied that the cost of the steel could increase or the price at the factory might be increased but that this was not very likely. Mayor Pollard asked how much the installation price would be, and was told it would be $4,000. Council North asked about the interest rate on the lease purchase. Mrs. Carroll replied that she did not have these exact figures at this time. Chief Gothard stated that Ken's had provided some information on this. Mayor Pollard then 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 11. CONSIDERATION OF CALLING TWO ANNEXATION PUBLIC HEARINGS AND RECEIVING A SERVICE PLAN ON LAND GENERALLY LOCATED DUE NORTHWEST OF THE CITY LIMITS BOUNDARY Mrs. Carroll stated that she was asking that the annexation of this land be considered and she displayed a map showing the area proposed to be annexed, and referred the Council to a service plan which she had prepared for the area, which she read aloud at this time: In accordance with 970A Section 10B VACS the following is a statement of governmental services that must be provided in sixty days and capital improvements that must be provided in 2% years. 1. Presently the City does have a contract with Denton County to provide fire protection to this area and this service will be continued. Ambulance service can be provided immediately. This land is not developed or inhabited and a large number of medical calls is not expected. 2. The Police Department will review immediately the provision of a new district which will provide for patrol of this area based on need. 3. Waste collection is presently not needed as there are no inhabitants. 4. Road and park maintenance can be maintained. There are no recrational faciliities on this land. 5. No capital improvements, i.e., streets, fire station, etc., subdivision and development. She then stated that she would like for the Council to consider calling two Public Hearings to be advertised on November 18th and held on November 29th, one on the actual site and the other at City Hall. Councilman Sample moved to call these two Public Hearings on November 29, 1982. Seconded by Councilman North, the motion carried by the following roll call vote: Ayes: All members present voted aye Noes: None -9- 001246, Mrs: Carroll stated that the ordinance could be passed on December 20, 1982. 12. CONSIDERATION OF CALLING TWO ANNEXATION PUBLIC HEARINGS AND RECEIVING A SERVICE PLAN ON LAND GENERALLY LOCATED ADJACENT TO THE NORTHEAST BOUNDARY OF THE CITY LIMIT LINE ADJACENT TO THE B. B. OWENS LAND TRACT Mrs. Carroll presented the following service plan for this area: In accordance with 970A Section 10B VACS the following is a statement of governmental service that must be provided in sixty days and capital improvements that must be provided in 2½ years. 1. Presently the City does have a contract with Denton County to provide fire protection to this area and this service will be continued, the town of Frisco also provides service to this area. Ambulance service can be provided immediately. This land is not developed or inhabited and a large number of medical calls is not expected. 2. The Police Department will review immediately the provision of a new district which will provide for patrol of this area based upon need. 3. Waste collection is presently not needed as there are no inhabitants. 4. Road and park maintenance can be maintained. There are no recreational facilities on this land. 5. No capital improvements, i.e., streets, fire station, etc., subdivision and development. Councilman North moved to call two Public Hearings on November 29, 1982, on thisannexation. The motion was seconded by Councilman Poole. At this point, Mayor John Clanton of Frisco asked that this Public Hearing not be held until the litigation is settled regarding the B. B. Owens tract, stating that he felt this was the only fair way to handle this. Mayor Pollard stated that he might go along with this if the Frisco Council voted to pass a binding agreement stating Frisco would not pass any further annexa- tion ordinances unless by mutual agreement with The Colony. Mayor Clanton stated that he would put this before the Frisco Council tomorrow night, but he also stated he felt that by going ahead tonight, The Colony City Council was not acting in good faith. At this time, Mayor Lonnie Richards of Little Elm stated that he also would like to ask The Colony to postpone acting on the annexation covered in Item 11, due to its possibly being in Little Elm's extraterritorial jurisdiction. Mayor Pollard clarified for him that if we did run into Little Elm's ETJ, it would have no effect, and The Colony would simply have to move back. Mayor Pollard then 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 Mayor Pollard called for a five-minutes recess at this time. 13. CLOSED DOOR SESSION DEALING WITH PERSONNEL AND LITIGATION AS AUTHORIZED BY ARTICLE 6252-17 A. CITY MANAGER B. MUNICIPAL JUDGE C. FRISCO SUIT Mayor Pollard announced that the Council would now meet in a closed door session. Upon reconvening in open session, there being no further business to be conducted by the Council, Councilman Dodds moved to adjourn the meeting. Seconded by Councilman Sample, the motion carried -10- 00134 by the followin9 vote: Ayes: All members present voted aye Noes: None Mayor Pollard adjourned the meetin9 at 12:14 a.m. GE~ P~)LLARD', M~'YOR ATTEST: JANI~CARRO~L, CITY SECRETARY -11-