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HomeMy WebLinkAbout05/02/1983 City Council MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON MAY 2, 1983 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 fo]]owing members present: Larry Sample Mayor Scott North Gouncilman Noel Long Councilman Norman Ade]er Councilman Charlie Parker Councilman Charles Dodds Councilman Mar]ene Poo]e Councilman and with no members absent; thus, a quorum was established. 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17 OF VERNON'S ANNOTATED CIVIL STATUTES, AS AMENDED A. PERSONNEL B. LITIGATION Mayor Sample announced that the Council would meet in a thirty-minute closed- door session to consider a Council appointment. 2. PLEDGE OF ALLEGIANCE Councilman Poo]e led the meeting in a Pledge of Allegiance to the American flag. 3. CITIZEN INPUT Mayor Samp]e recognized George Lindquist who asked about the subcontractors' speed limit of 15 miles per hour. Mr. Tom Cravens, a representative of Fox and Jacobs, was present. He advised the Counci] that the 15 mi]e per hour limit was posted by the company and, if trucks were exceeding that, they requested that it be reported to Fox and Jacobs. The Council did clarify that this was not a city ordinance and could not be enforced by the city's police. *4. APPROVAL OF MINUTES (See Page 6) 13. CONSIDERATION OF REPORT ON STATUS OF CATV FRANCHISE Mayor Sample stated that he would now consider this agenda item, as Mr. Ben Campbell, representing CATV, was present. At this time, Councilman North advised the Council that he and Mayor Sample had met with Mr. Ben Carnpbell regarding a proposed security system and CATV's compliance with the franchise agreement. Councilman North stated that a company log is now being prepared and the first one was presented for January, February and March to the City Secretary as of April 1983. The main concern of the Council was the income statement report. Councilman North stated that the reporting procedure has been corrected, however, he did not fee] that the income state- ment reflecting an earnings deficit of $719,824 is accurate. Mr. Campbell explained that this loss is due to the amount of subcontracts for installations at the outset of installation of cable ]ines. Counci]man North stated that a CPA does prepare a complete audit on the company and that it is available for the city to review. Presently, the city is receiving a balance sheet, income statement and change in financial conditions. The quarterly statements will contain: (1) gross revenue by class, (2) operation and maintenance expense, (3) show profit and loss for quarter, (4) show number of subscribers, (5) show number of connections, (6) reconnects and disconnects, (7) company equipment failure, (8) number of miles in distribution system, (9) number of hours of local programming offered and (10) total number of hours programming offered. He told the Council that the euqipment for public access channel is available upon demand by renting and that CATV has purchased part of this system. Councilman North stated that CATV has contracted with a security company to install a security system in individual homes in The Colony and that a work session will be arranged to discuss this at length with the Council. -1- He told the Council that thoro are no new cable lines needed but that presently thoro are 54 channels available. Gouncilman North's main concern was that two-way video and data transmission between schools has not been put in Place or adequately addressed by the company. However, the company was now negotiating with Group W on directional distribution and should be prepared to give a report to the Council at a later date on this. Councilman North stated that the two-day installation time has now been reduced from seven to three days, and he felt that it would be in compliance in the near future. He also told the Council that a new pay-per-view service would be starting soon, as well as additional channels on the existing box, one of which is WOR in New York and an M/TV music station. In summary, Councilman North stated that CATV has come into compliance with most of the franchise terms, and he did appreciate the cooperation of Mr. Ben Campbell in their efforts to review the franchise. There fo]lowed a lengthy discussion regarding these points addressed by Councilman North. Mayor Sample did request that Mr. Campbell provide to the city a letter regarding the reduction of installation time from seven days to two days. Mr. Campbell agreed to this request. Mayor Sample also asked if there would be an improvement in the answering service for their after-hours number. Mr. Campbell explained that there was only one answering service in this area and that presently they were looking into joining with other companies in establishing a better procedure for answering after-hours calls. After further discussion, Councilman North then stated that a 60-day notice had been mailed to CATV to Mr. Campbell's attention from the city attorney that they come into compliance with the franchise agreement. He stated that, based on his meetings, he did recommend that this letter be revoked. 9. CONSIDERATION OF FINAL DART PLAN Mayor Sample introduced Jack Harvard, Mayor of the City of Piano and a member of the Dallas Area Regional Transportation Authority. Mr. Harvard told the Council that his reason for attendance tonight was to give them some additional facts, now to influence their decision. At this time, he did explain the final transit plan. He stated that the green route, which was LBJ Freeway, would have a high occupancy vehicle lane to move traffic east and west in the North Dallas area. He stated that the cost to construct this would be $10 to $20 million per mile. The yellow routes are the light rail extensions that will be in place and built by the year 2000. The orange represents light rail routes that will be built between the year 2000 and 2010. He did note this was the Ga]leria route from LBJ to Beltline. The routes marked in red represented routes that would be built after the year 2010 and are presently unfunded. He did state that he, in working with Mr. Clark, did pursue the extension of Dallas North Tollway to Highway 121. This route is presently unfunded, however, he felt that it would be imperative that it be included on the original plan, as this plan will not be deviated from without going through a lengthy legal procedure. He also informed the Council that the City of Piano is working for the extension of the Dallas North Tel]way to Highway 121 and has dedicated a 300-foot wide strip of land for this extension. In discussing the final plan, he noted that the bus system for the City of The Colony would be in effect in early 1986. In discussion with the Council, he did note that, if the city did not opt to go into the plan, a subscription bus service to the Carrel]ton line would not be provided. He also advised the Council that Mr. John Clark and himself had discussed with Maurice Carter and Adlene Harrison the possibility of representation for The Colony by a board member that resides in this North Dallas area. After a lengthy discussion of the plan as presented and the financial funding of the plan, Councilman North did ask if a city would have the option to get out or get in at a later date. Mayor Harvard explained that a city wanting out of the plan must conduct an election to determine if that is the wish of the people and, if it does pass, they will be allowed to remove themselves from the plan and abolish the sales tax after their portion of the bonds is paid. A city requesting to enter the plan must submit an application and is approved at the option of the DART Board. At this time, Mayor Sample presented the following con- servative projections on revenue generated by the one-cent sales tax. Projected Value @ 2010, 8% Year Sales Tax Compounded Quarterly 1984 $230,000.00 $1,952,300.00 1985 260,000.00 2,038,900.00 1986 290,000.00 2,100,900.00 Projected Value @ 2010, 8% Year Sales.. Tax. :' Compounded Quarterly 1987 $320,000.00 $2,141,700.00 1988 350,000.00 2,164,100.00 1989 380.000.00 2,170,700.00 1990 410.000.00 2,163,700.00 1991 440.000.00 2,145,200.00 1992 470 000.00 2,117,000.00 1993 500 000.00 2,080,600.00 1994 530 000.00 2,037,500.00 1995 560,000.00 1,988,800.00 1996 590,000.00 1,935,800.00 1997 620,000.00 1,879,300.00 1998 650,000.00 1,820,200.00 1999 680,000.00 1,759,200.00 2000 710,000.00 1,696,900.00 2001 740,000.00 1,633,900.00 2002 770.000.00 1,570,700.00 2003 800.000.00 1,507,600.00 2004 830.000.00 1,445,100.00 2005 860.000.00 1,383,300.00 2006 890 000.00 1,322,500.00 2007 920 000.00 1,263,000.00 2008 950 000.00 1,204,800.00 2009 980,000.00 1,148,200.00 2010 1,010,000.00 1,093,200.00 16,740,000.00 47,765,100.00 He did summarize that the figure of $47,765,100.00 would represent what this plan would cost the City of The Colony. 14. RECEIVE STAFF REPORT ON THE CLOSING OF NERVIN STREET After a brief recess, Mayor Sample requested that the City Manager present this report. Mr. Sartain advised the Council that they did have in their packet a memorandum signed by himself, I. R. Bradburry, Director of Community Development; N. C. Ristagno, Police Chief and Ronnie Gothard, Fire Chief, that the closing of Nervin would not create any undue ha~'dships in serving the area. Janice Carroll, City Secre[ary, advised the Council that to offi- cia]ly close this street on the ]and owned by The Colony, a Resolution specifi- ca]]y describinE. the said property should be presented to them for their considera- tion and passage. Mr. Sartain did not recommend any action until Lamer Street was widened and opened onto FM 423. Mayor Sample stated there were representatives from Nervin at the meeting tonight and asked for a consensus of the Council on the closing of Nervin. The Council was in agreement that the street should be closed in the proper manner. A resident of Nervin was recognized a:nd advised the Council that there was a drainage problem in this area. Mr. Sartain stated that this would be checked by the city staff. 8. CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF BLOCK 66, LOTS 8 AND 9 UPON THE REQUEST OF FOX & JACOBS, INC. Mr. Johnny Sartain advised the Council that a memorandum had been prepared by Mr. Bradburry regarding the Planning and Zoning Commission recommendation. He stated that the subdivision of this b]ock into two lots does meet the zoning requirements of the city, as well as the plat requirements. This subdivision and consequent sale of land to The Colony Bank will provide additiona] parking area and a new entrance to the parking area that will be in line with the ingress/egress to The Colony Square Shopping Center. He stated that the Commission did approve the preliminary and final plat with the stipulation that the existing left-hand turn Jane on Paige Raod be e]iminated and the curb be replaced at the bank's or Fox & Jacobs' expense. The Council saw no problem with the subdivision of Block 66 into two blocks so that 100 feet of additional parking space could be provided by The Colony Bank. HoWever, they were concerned with the traffic flow into this area. After discussion and review of the plans for the construction of the parking lo~, Councilman Dodds did move to approve the preliminary and final plat contingent that the existing ]eft-hand turn lane on Paige Road be eliminated at the deve]oper's cost. Seconded by Councilman Poole, the motion passed by the fo]lowing roll ca]] vote: Ayes: All members present voted aye Noes: None -3- 7. CONSIDERATION OF RESOLUTION iN SUPPORT OF A HELIPORT IN THE CITY OF THE COLONY Mayor Sample read aloud the fo]lowing Resolution: WHEREAS, the City is a duly created City and pohtical subdivision of the State of Texas created and established under the constitution and laws of the State of Texas, and WHEREAS, the City Council of this City has found and determined that anticipated growth in Denton County will engender additional major increases in traffic and result in serious threat of disruption to business activities, medical needs and family life in The Colony; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: That it fully supports the pursuit of the approva] and construction of a heliport within the City limits of the City of The Colony. PASSED AND APPROVED ON THE DAY OF , 1983, BY THE CITY COUNCIL. /s/ LARRY D. SMAPLE, MAYOR ATTEST:/s/ JANICE CARROLL, CITY SECRETARY Councilman Dodds moved that it be approved as presented. Councilman Poole seconded this motion. At this time, Councilman Dodds stated that Mr. Spears did intend to pursue this application with the FAA, and it wi]l be an assistance to him to have a written document that can be presented to the FAA at this time. Mayor Sample did clarify that this Resolution did not commit the City in any way to this project. At this time, he called for a vote upon the motion on the floor. The motion carried by the following to1] call vote: Ayes: All members present voted aye Noes: None 10. RECEIVE REPORT FROM CITY MANAGER AND PROPOSED ARCHITECTS FOR THE MUNICIPAL COMPLEX PLANS Bob Hogan of Hogan & Rasor, Inc. advised the Council that he had been in meetings with several of the City boards and stated that some changes had been made to the existing municipal plans. He then introduced Mr. David Shanks and Jim Bartholomew, the architectural consultants working with his firm. Mr. Shanks stated that the softball fields will require 200 feet rather than 170 and that there would not be an oversizing of the soccer field. He stated that he was planning on having all facilities lighted at the request of the Park and Recreation Board. Mr. Shanks stated that the building site was represented in square-footage blocks, but the interior had not been designed. The first block was the Administrative offices, the second was the Community Room, which would also house the Council chambers and Court chambers, and thirdly, the Police and Communications safety functions. The architects did endorse a programming approach to the architectural development of a building that would meet the needs of The Colony and provide proper access for growth. Councilman Poole stated that she was concerned with the design for the expansion of the building and felt that it would be necessary to build a second story rather than add on to the first. Mr. Hogan noted there was a jogging track planned that would surround the entire complex. Mayor Sample asked what cost estimates that they might have at this time. Mr. Hogan advised that he did not have any final figures, but he did clarify that it would still be in the $2.5 million range. He also stated that his firm would assist the city staff in preparing the grants for the park facilities. In discussing the Library building which would be proposed in the future, the Council concurred that 5,000 square feet would be adequate. Mayor Sample requested that Mr. Sartain prepare for the Council the step by step procedure for this process. In discussing the process, Mr. Sartain stated that an architect msut be decided on, cost estimates must be determined based on city needs and applications must be made to the state for grants. In discussing the needs of the community in this municipal complex, Mayor Sample noted there were no restroom facilities provided. Mr. Bartholomew stated that public restrooms would cost $35-$40,000, and there were several locations where they could be built. Councilman Poole noted that there were no storage areas provided for the field supphes. It was discussed that the storage areas would be in conjunction with the concession areas. Councilman North stated that he was concerned that a 12,000-square- foot building would not be adequate for the city's needs. Mr. Hogan explained that this size was based upon the old plan that was presented to the people -4- in 1979 and, of course, it could cer~ai,~]y be ~pgraded. Mayor Samp]e then asked Mr. Sartain what would be the next step necessary. Mr. Sartain advised the decision on the architect must be made. CONSIDERATION OF AUTHORIZING CITY MANAGER TO PAY THE COLONY CHAMBER OF COMMERCE INDUSTRIAL COMMITTEE FOR ?RINTING COSTS Mr o Sartain referred to the memorandum in their packets from the Financial Department advising that printing cou]d be taken from Genera] Administration ~rinting classification. If the cost did run to $500, this account would be overrun, however, it was noted that the city has received the franchise payment from Lone Star Gas. The budgeted revenue was $5,500 and the actual check was for $7,542.84; therefore, the Council could transfer money from the Contin- gency Reserve Account to cover this printing charge. Councilman Poo]e then moved to approve payment of one-half of the cost of the printing of the indus- trial brochure update. This motion was seconded by Councilman Dodds. Councilman North at this time stated he was concerned that the city cannot give taxpayers' money away, and he did request that some of these industrial brochures be available to the city for our use. Councilman Adeler stated that he had no problem with this expenditure, as the brochures are the update of the brochures originally printed at an expense to the city. Councilman Poole stated that the Industrial Development Committee was working under the authority of the Chamber of Commerce, and one of the official functions of the Chamber is to sell The Colony. Mr. Sartain stated that he did agree with Councilman North that the city cannot give money away, but that if we did have access to the brochure, this cost would certainly be no problem. Councilman Long did agree that the city should have access to the brochures. At this time, Councilman Poole amended her motion to pay one-half of the printing cost up to $500 contingent that the city have access to the brochures. Seconded by Councilman Dodds, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None 12. CONSIDERATION OF ORDINANCE ESTABLISHING A NO-PARKING ZONE ON BLAIR OAKS At this time, Councilman Poole moved to table action on this item until the May 16th meeting. Seconded by Councilman Dodds, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17 OF VERNON'S ANNOTATED CIVIL STATUTES, AS AMENDED A. PERSONNEL B. LITIGATION Mayor Sample announced that the Council would meet very briefly in a closed- door session and, upon returning to open session, they would consider appoint- ment of a Counci]member to Place 4. 5. CONSIDERATION OF ACCEPTANCE OF RESIGNATION OF COUNCILMAN PARKER, PLACE 4 Mayor Sample stated that it is with deep reluctance that the Council must even consider this agenda item at this time. Councilman Parker told the Council and members of the audience that it had been a pleasure to serve the community and did wish his replacement the best. He added that the real challenge as a Councilman is to represent District 4 as well all of the people of the community. In order to do this, you must have a love for the community and for the role. Councilman North then moved to accept the resignation of Councilman Parker effective May 16th. Seconded by Councilman Poole, the motion passed by the following ro]l cml vote: Ayes: Councilmen North, Long, Adeler, Doods and Poole Mayor Sample Noes: None Abstention: Councilman Parker -5- 6. CONSIDERATION OF APPOINTMENT OF COUNCILMEMBER, PLACE 4 Mayor Sample stated that in closed-door session the Council had discussed the action to be taken and did agree that a new Counci]member would be appointed to the Council only by a unanimous vote. He stated the Council was fortunate to have three excellent candidates for this position. At this time, he opened the f~oor for nominations. Councilman Parker nominated Don Amick. Councilman Dodds moved that nominations cease. Seconded by Counci~- man Long, the motion passed by the following vote: Ayes: All members present voted aye Noes: None Councilman North then moved to appoint Don Amick as Councilmember, Place 4, effective May 16th, by acclamation. Seconded by Councilman Dodds, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None At this time, Mayor Sample invited Mr. Amick to meet with the Council again in closed-door session to discuss litigation. He stated for the members of the audience that no action would be taken by the Council upon reconvening in open session. Upon reconvening in open session, Councilman Dodds moved that the meeting be adjourned. Seconded by Councilman Long, the motion passed by the fo]lowing vote: Ayes: All members present voted aye Noes: None Mayor Sample adjourned the meeting at 12:40 a.m. A~~RRY S~PLE, MAYOR/'~ ATTES T: ~,z:~,::~,~,~ .~AXllOLL, CITY SECRETARY * 4. APPF'.OVAL OF MINUTES (This should have followed Item 3 on Page 1.) Councilman North moved to approve the minutes of April 18th and April 25th. The motion was seconded by Councilman Dodds. Councilman Parker noted that the minutes of April 18th reflected that Councilmen North and Dodds were not present. However, they were present by 7:30 p.m. Mayor Sample then called for a vote upon the motion on the floor. The motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None