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HomeMy WebLinkAbout06/07/1983 City Council MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON JUNE 7, 1983 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 in The Colony, with the following members present: Larry Sample Mayor Scott North Councilman Norman Adeler Councilman Charles Dodds Councilman and with Councilmen Noel Long, Don Amick and Marlene Poole absent; however, a quorum was established. 1. PLEDGE OF ALLEGIANCE Mayor Sample led the Council and members of the audience in the Pledge of Allegiance to the flag of the United States. 2. APPROVAL OF MINUTES Councilman Dodds moved to approve the minutes of the Special Session held on May 9th, the Regular Session held on May 16th and the Special Session held on May 26th, as presented. Seconded by Councilman North, the motion passed by the following vote: Ayes: Ail members present voted aye Noes: None 3. CITIZEN INPUT Mayor Sample announced that no one had signed up to speak before the Council at this time. 10. CONSIDERATION OF RESOLUTION IN SUPPORT OF THE DALLAS CITY COUNCIL AWARDING THE DALLAS WATER LINE CONTRACT Mayor Sample recognized Sandra Shearer, a member of the Board of Directors of The Colony Municipal Utility District, who was in the audience. He then read aloud the following Resolution: RESOLUTION OF THE CITY OF THE COLONY, TEXAS, URGING APPROVAL BY DALLAS CITY COUNCIL OF WATER TRANSMISSION LINE CONTRACT NO LATER THAN JUNE 8, 1983. WHEREAS, the City of Dallas, (with the consent of the City Council of Dallas),the City of Carrollton, Texas, (with the consent of its City Council) and The Colony Municipal Utility District No. 1 of Denton County, Texas, (with the consent of its elected Board), have heretofore entered into a contract entitled "WHOLESALE WATER CONTRACT," and WHEREAS, pursuant to the contract and in cooperation with the City of Dallas Water Utilities Department, the District will construct a 36 and 48 inch water transmission line from the Dallas Elm Fork Treatment Plant in Carrollton to the District, and WHEREAS, the water transmission line has been enwineered to meet City of Dallas specifications and, upon construction by the District, the water transmission line will be dedicated to the City of Dallas, and -1- WHEREAS, contracts for the construction of the water transmission line and associated facilities thereto have been bid and a bid advantageous to the City of Dallas, City of Carrollton, and the District has been received provided the bid is approved on or before June 10, 1983, and WHEREAS, unless such contract as bid is so approved, the City Council of the City of The Colony, Texas, supports the District's belief that the necessity to rebid the contract will result in a less favorable bid and higher costs to the District, to Dallas and to Carrollton, and will cause delays in the project which must be completed before the year 1985, to ensure the residents of the City of The Colony an adequate water supply during that year. BE IT THEREFORE RESOLVED, that the City Council of the City of The Colony, Denton County, Texas, hereby unanimously urges the City Council of Dallas, in the public interest, to approve no later than June 8, 1983, the award of bids for construction of the water transmission line from the Elm Fork Treatment Plant, as recommended by the Staff of the Dallas Water Utilities. APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ON THE DAY OF , 1983. /s/ LARRY D. SAMPLE, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY Councilman North moved to approve this Resolution as presented. The motion was seconded by Councilman Adeler. Sandra Shearer was recognized at this time and stated that members of the Utility District Board, as well as District Manager Tom Forrest, were planning to attend the Dallas City Council meeting tomorrow, June 8th, at 1:00 p.m., and she said that they would appreciate the City's support of this endeavor. Councilman North asked where this item would be on the meeting agenda, and Mrs. Shearer replied that she did not know. Mayor Sample then called for a vote on the motion on the floor, which passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None Councilman Dodds at this point requested that information about this Dallas City Council meeting be made public, in case some of The Colony's residents might be able to lend their support. 4. CONSIDERATION OF ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN OFFICE LEASE AGREEMENT Mayor Sample recognized Acting City Manager Janice Carroll to present details of this proposed lease. She stated that in their packets was a copy of a standard lease agreement, and she reviewed some of the major points in this lease. The term of the lease is 36 months; however, the City would be taking over the lease from former tenant Gene Pollard for the term of June 1, 1983 through May 31, 1985. She stated that one of the provisions of the lease is that the City notify the landlord by the tenth day of any major defects and said that she knew of none at this time. Councilman Adeler asked if any alterations would be needed, and Mrs. Carroll replied that none would be necessary. She stated that the monthly rental would be $500, and that the City would be responsible for all repairs in the lease space. She clarified for Councilman Adeler that the City is also responsible for any repairs in the present Parks and Recreation and Library space. She stated that the City would be assessed for a common-area maintenance charge, based on the total square footage in the entire Colony Square Shopping Center, and she added that this is also the same as the City's present lease in the same shopping center. She stated that the City would have to have insurance, -2- at an estimated $100 per year aSded to:~:Ehe City's existing policy), and that the City would be required to pay, per the terms of this proposed lease, a $500 deposit, thereby making the cost for the month of June $1,000. Mrs. Carroll also requested that the Council consider the adding of an "out-funding" clause, as was done in the Library lease, which would provide for the termina- tion of this lease in the event that a future Council did not approve its continuation for any reason. She stated that in case in the next budget year, the City could not afford this expense, the landlord had stated they would work with the City if we could provide someone to take over the lease. Mrs. Carroll stated that the cost to move into this facility would be $4,597, which included actual moving cost, moving of telephones, electricity, water, insurance, and deposit. Councilman North asked about the $500 deposit requirement, stating that he had a problem with this. Councilman Adeler agreed, stating he also had a problem with the deposit requirement. Mrs. Carroll stated that this had been waived in the Library lease, and Councilman North thought it should be waived in this lease also. At this time, Mayor Sample read aloud the following ordinance caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE WITH-THE COLONY JOINT VENTURE; AUTHORIZING THE APPROPRIATION OF FUNDS; ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Councilman North moved to accept the lease with the provision that Section 22.8, requiring a $500 deposit, be stricken. Seconded by Councilman Adeler, the motion passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 10. CONSIDERATION OF RESOLUTION IN SUPPORT OF THE DALLAS CITY COUNCIL AWARDING THE DALLAS WATER LINE CONTRACT Mayor Sample returned to this agenda item at this time, as Municipal Utility District Manager Tom Forrest had arrived at the meeting. Mr. Forrest addressed the Council and members of the audience at this time, explaining that this item was at present on the "consent" agenda of the Dallas City Council. Ee stated further that this consent agenda is handled early in the meeting and consists of items, on which no one has asked to voice an opinion or dissent. Mr. Forrest also explained that if anyone had signed up to address the Dallas City Council concerning this item prior to 1:00 p.m., it would be removed from this consent agenda, and the possibility of this occurrence made it very important that there be representation at the meeting to speak in favor of the water line contract if needed. Mr. Forrest also advised the Council of the possibility of representatives of the Bright proper- ties being in attendance at the meeting and speaking against the water line. Mr. Forrest also stated that it was very important that this contract be awarded prior to June 10, 1983. Mayor Sample advised Mr. Forrest that he and Mayor Pro Tem North would attend the Dallas City Council meeting tomorrow. 5. CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH THE U. S. ARMY CORPS OF ENGINEERS FOR WYNNWOOD PARK Councilman Dodds moved to authorize the City Manager to enter into this lease agreement. Councilman North seconded this motion. Mayor Sample recognized Janice Carroll, Acting City Manager. Mrs. Carroll stated that this lease was written to be effective June 1, 1983, and Mr. Cottrell of the Corps of Engineers had told her that he had no problem with moving this date up to July of this year, as there was considerable work which would have to be done in order to open the park. She also stated that possibly -3- 49 the park could be partially opened this year and that another option would be to wait until October to execute the lease and then we could wait to open the park until the summer of 1984. Mrs. Carroll further advised that the real estate representatives of the Corps of Engineers had looked at Stewarts Creek Park and they were very impressed with what the City had done so far. Mayor Sample stated that he would like to go ahead and request a 99-year lease from the Corps, explaining that he had received requests for the construction of a golf course, and he did not feel that the City could attempt something of this nature with a short-term lease. Councilman Adeler was concerned about waiting until October to execute the lease. Mayor Sample stated that should a situation arise between now and October which might cause the City to lose the opportunity to obtain this lease, the City Manager would have the authority to go ahead with the lease at that time. Mayor Sample then called for a vote on the motion on the floor, which passed by the following roi1 call vote: Ayes: All members present voted aye Noes: None 6. CONSIDERATION OF ORDINANCE AMENDING THE CODE OF ORDINANCES TO PROVIDE A PENALTY FOR THE REMOVAL OF LIBRARY MATERIALS EXCEPT IN ACCORDANCE WITH THE RULES OF SUCH LIBRARY Mayor Sample read aloud the following ordinance caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES OF SAID C~TY BY ADDING SECTIONS 11-6 THROUGH 11-9 TO CHAPTER 11, LIBRARY; PROVIDING THAT EVERY PERSON, PARENT OR GUARDIAN OF A CHILD WHO SHALL TAKE SUCH LIBRARY MATERIALS EXCEPT IN ACCORDANCE WITH THE RULES OF SUCH LIBRARY IS GUILTY OF A MISDE- MEANOR; PROVIDING THAT IN THE CASE OF REFUSAL OR NEGLECT TO RETURN BORROWED MATERIALS AFTER NOTICE TO RETURN IS SENT TO THE ADDRESS OF THE BORROWER, SAID BORROWER IS GUILTY OF A MISDEMEANOR; PROVIDING THAT A PERSON MUTILATING, MARKING, TEARING OR OTHERWISE DEFACING OR DESTROYING OR INJURING IN PART OR WHOLE LIBRARY MATERIALS IS GUILTY OF A MISDEMEANOR; PROVIDING THAT THE PARENT OR GUARDIAN OF A CHILD UNDER SEVENTEEN (17) YEARS OF AGE WHO VIOLATES ANY PROVISIONS OF THE ORDINANCE IS SUBJECT TO THE PENALTIES OF THIS ORDINANCE; PROVIDING FOR CERTAIN FINES NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. Councilman Dodds moved to approve this ordinance as presented. This motion was seconded by Councilman North. Councilman Dodds asked why this was being declared an emergency. Mrs. Carroll stated that this clause should be removed from the ordinance, explaining that the wording had been copied from the ordinance of another city. Councilman Dodds then amended his motion to approve the ordinance contingent upon the removal of the emergency clause. This amended motion was seconded by Councilman North. Councilman North then asked that the record state that the intent of the Council in passing this ordinance is to allow the Library Director to file a complaint in the case of someone keeping a library book willfully, after having being given due notice of its being overdue, thus making it possible for Library materials which might otherwise be lost to be recovered. Councilman North also advised that this ordinance was requested by the Library Board. At this time, Mrs. Carroll added that this would not be enforced on people who simply "forget" to bring back a library book. Mayor Sample then called for a vote on the motion on the floor, which passed by the following roll call vote: Ayes: All members present voted aye Noes: None 8. CONSIDERATION OF RESIGNATION AND APPOINTMENTS TO THE PARK AND RECREATION BOARD AND THE BOARD OF ADJUSTMENT AND APPEALS Mayor Sample stated that he wished to handle only the part of this item dealing with the resignation of Earl Brantley from -4- the Parks and Recreation Board at~tbis time. Mayor Sample and the members of the Council had been provided with copies of Mr. Brantley's letter of resignation in their packets. Councilman Dodds moved to accept this letter of resignation from Mr. Earl Brantley, to be effective immediately. Seconded by Councilman North, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None 9. CONSIDERATION OF CALLING REVENUE SHARING HEARING Mayor Sample read the following notice at this time: NOTICE OF PROPOSED USE HEARING The City of The Colony will hold a Proposed Use Hearing during which the citizens may make oral and/or written sugges- tions relative to the use of revenue sharing funds to be received for the 15th entitlement period. This period is from october 1, 1983 through September 30, 1984. The hearing will be held on June 20, 1983, at 7:30 o'clock p.m. at City Hall. The City of The Colony anticipates the receipt of $40,000 of revenue sharing funds during the 1983/84 fiscal year. /s/ Janice Carroll, City Secretary Councilman North moved to call this hearing for June 20, 1983, at 7:30 p.m. at City Hall. Seconded by Councilman Dodds, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None 7. 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 now meet again in a closed door session, and he stated that some action regarding appointments might be taken following this session. 8. CONSIDERATION OF RESIGNATION AND APPOINTMENTS TO THE PARK AND RECREATION BOARD AND THE BOARD OF ADJUSTMENT AND APPEALS Upon reconvensing in open session, Mayor Sample announced that there would be no appointments made at this time. There being no further action to be taken by the Council, Councilman Dodds moved to adjourn the meeting. Seconded by Councilman North, the motion passed by the following vote: Ayes: All members present voted aye Noes: None Mayor Sample adjourned the meeting at 10:49 p.m. ATTEST: LAR7_ ~. SAMPLE,- MAYOR JANICE CARROLL, CITY SECRETARY -5-