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HomeMy WebLinkAbout02/06/1984 City Council MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON FEBRUARY 6, 1984 A REGULAR SESSION of the City Council of the City of The Colony, Texas, was called to order at 7:30 p.m. at City Hall with the following members present: Larry D. Sample Mayor Scott North Councilman Noel Long Councilman Norman Adeler Councilman Don Amick Councilman Charles Dodds Councilman Marlene Poole Councilman with all members present, a quorum was established. 1. PLEDGE OF ALLEGIANCE Mayor Sample led the Council and members of the audience in the pledge to the United States flag. Mayor Sample then addressed agenda item #3 3. CITIZEN INPUT Mr. George Lindquist addressed the present animal control Ordinance limiting a residence to 4 pets. He recommended it be amended to limit 1 pet per residence in the Cluster homes. He went on to request the Council to proceed in closing Nervin as well as put no parking signs on Curry St. The Mayor advised him that the animal control Ordinance would be looked into. He went on to say that the problems with Nervin and Curry would be addressed when construction in that area is completed. Mr. Fred Chance was also present. He announced that he is running for County Sheriff. 2. RECEIVE PRESENTATION FROM CAMP FIRE ASSOCIATION The Camp Fire Association presented the Mayor and Council with a box and a bar of candy to help kick off their candy selling campaign. 4. APPROVAL OF MINUTES Councilman Dodds moved to accept the minutes of the January 9th and 16th meetings as presented. Seconded by Councilman North, the motion passed with the follow- ing roll call vote: AYES: All members present voted aye NOES: None 5. CONSIDERATION OF APPROVAL OF THE PRELIMINARY AND FINAL PLAT OF THE PAIGE MEDICAL PLAZA TO BE LOCATED GENERALLY AT PAIGE AND KISOR ROADS; MORE SPECIFICALLY LOCATED AT 6600 PAIGE ROAD. Mayor Sample recognized Dr. Seidler and Mr. Williams. He briefly reviewed what was discussed at the last Council meeting. Dr. Seidler stated that he and his representatives were continuing to pursue alter- natives for the exterior of this facility. He went on to say that if approved, the pre-cast agregate would be darkened to help it blend in with the neigh- borhood. Councilman North addressed an independent study that he had received on exterior materials. It seemed to indicate that brick was less expensive than the agregate. After briefly reviewing Councilman North's study, Mr. Will~ams, architect, said he felt that Councilman North was not presented with all the facts needed for an accurate cost comparison to brick. The brick wall in the study was not for a load bearing wall in his opinion. Mayor Sample asked whatever happened to the original design from St. Paul Hospital. Dr. Seidler's reply was that the design in question, was only a rendering. He went on to say that the final design was con- ceived after the area was surveyed and things such as drainage and neighborhing residents were taken into consideration. He went on to add that he and his representatives were taking all suggestions into consideration. Councilman Adeler asked him what reply he has had from Fox and Jacobs suggest- ions. He said that Fox and Jacobs main concerns seemed to be the elevations of landscaping and the facing of the building. He said that they were presently working with Fox and Jacobs on these concerns. He added that it was the consenus of the fims considered for this facility was to have one small entrance at the rear with a lot of landscaping facing Paige Road. Councilman North was concerned as to how close the building would come to the creek. Dr. Seidler replied that the parking lot would be 4 feet back away from the creek with landscaping in between. He went on to say the building was designed so the two story part would not back up to the neighboring residents homes. City Manager, Janice Carroll gave those present a brief history of this facility. She said this process actually began in October of 1981. She went on to advise the Council of their options. They are as follows: 1) Approve the plat as presented, or 2) Table. She said there were some concerns that hadn't been noticed in the past. Those being the ingress and egress off of Kisor for Ambulance service. She added that there is a portion of our Zoning Ordinance on off street parking that prohibits the use of ingress and egress from a residential area for commercial use. She said that this is a minor point but that it does need to be looked at. She said that Dr. Seidler was working with Fox and Jacobs on the plans for the building and that the plat is actually a con- struction document. As such, it is in order. After a brief discussion, Councilman Amick made a motion to approve the preliminary and final plat as presented. Seconded by Councilman Adeler, the motion failed by the following roll call vote: Mayor Sample no Councilman North abstain Councilman Long no Councilman Adeler aye Councilman Amick aye Councilman Dodds no Councilman Poole no Councilman Dodds then moved to table this until the February 13th meeting. Seconded by C. North, the motion passed by the following roll call vote: Mayor Sample aye Councilman North aye Councilman Long aye Councilman Adeler aye Councilman Amick no Councilman Dodds aye Councilman Poole aye 8. CONSIDERATION OF APPOINTMENT OF DEPUTY CITY SECRETARY Councilman Dodds moved to appoint Sharon Sebera as Deputy City Secretary. Seconded by Councilman North, the motion passed by the following roll call vote. AYES: All members present voted aye NOES: None 9. CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO BEGIN LITIGATION PROCEEDURES AGAINST THE TOWN OF EASTVALE City Manager, Janice Carroll advised thos present that she had learned through a County source that Eastvale had annexed the land adjacent to Haven Hills mobile home park, that was in their original incor- porated boundaries. She said she had received a copy of the Annexation Ordinance from them that showed the annexation involved 6 acres. This 6 acres is within 200 feet of our existing northern boundaries on the Stewart Creek peninsula. It is the City's preliminary determination that no Public Hearing was held nor was a Service Plan for the area provided as required by the Texas Municipal Annexation Act. They didn't have the permission of the private land owner, Mr. Skinner, either. Mayor Sample advised those present that he has been in touch with Mr. Tom Akins, attorney. His advice was to take them to court and get a restraining order against them. After a lengthy discussion, Councilman North moved to authorize the City Manager to pursue litigation proceedures against the Town of Eastvale. Seconded by Councilman Poole, the motion passed with the follow- ing roll call vote: AYES: All members present voted aye NOES: None 10. CONSIDERATION OF APPROVAL OF EASTVALE AMBULANCE AGREEMENT City Manager, Janice Carroll, advised the Council that the Town of Eastvale is willing and would agree to pay $218.75 per month for ambulance service. It was further agreed that if the ambulance costs increased, they would take the increase also. Mayor Sample recommended that the monthly installments be made in advance. Councilman Amick noted that it is important for our City to be receptive to their needs. After a lengthY discussion, Councilman North moved to approve the ambulance agreement on a month to month basis provided they prepay each ~nstallment by the 1st of each month. Seconded by Councilman Long, the motion passed with the following roll call vote: AYES: All members present voted aye NOES: None 11. CONSIDERATION OF CALLING A PUBLIC HEARING ON ANNEXATION OF LAND GENERALLY LOCATED ONE MILE SOUTH OF THE SOUTHERN CITY LIMIT BOUNDARY, BORDERED TO THE EAST BY THE BURLINGTON RAILROAD AND TO THE WEST BY CRIDER ROAD Mayor Sample told the Council that he believes this land to be within our extra territorial jurisdiction. Councilman Long briefly reviewed with the Council the research he has done with regards to this area. City Manager, Janice Carroll, read the following Service Plan for the area: SERVICE PLAN Service Plan for land generally located one (1) mile south of the southern city limit boundary, bordered to the east by the Burlington Railroad and to the west by Crider Road. In accordance with 970A 10B V.A.C.S., the following is a statement of governmental service that must be provided in sixty (60) days and capital improve- ments that must be provided in two and one half (2%) years. 1. Presently the City does have a contract with Denton County and a Mutual Aid Agreement with the City of Carrollton to provide fire pro- tection to this area and this service will be continued. Ambulance service can be provided immediately. This land is a rural development of a very low density and a large number of medical calls is not anticipated. 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 can be provided upon request. 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., are needed until the land is subdivided and consequently developed. 6. Water and sewer service is not provided by the City. This area can request to be included into the Colony Municipal Utility District #1 for these services. She went on to say that, the City Attorney's opinion is that a Public Hearing would help us to properly identify this area. Mayor Sample added that it is important for our City to set our boundaries. He went on to say that we must do this before we can plan for future growth. Councilman North moved to hold a Public Hearing on this are at the February 20th meeting. Seconded by Councilman Poole, the motion passed with the following roll call vote: AYES: All members present voted aye NOES: None Mayor Sample then moved back to agenda item #6. 6. CONSIDERATION OF ACCEPTANCE AND AWARDING OF SEALED BIDS FOR A 13.606 ACRE LAND TRACT City Manager, Janice Carroll, advised the Council that no bids were received prior to 2 p.m. as was specified in the bid package. However, Nick Oprea arrived with one at approximately 2:10 p.m. Legal council advised us not to accept the bid. Several of the Council members, however, were in favor of accepting this bid even though it was late. Mayor Sample instructed Mrs. Carroll to call the attorney for a ruling. Upon her return, she instructed the Council that the legal opinion was to respect and uphold the bid process by not accepting this bid. After a lengthy discussion, Councilman North made a motion to return the bid and the have the City Manager contact all firms that received bid packets to determine if any modifications are necessary, then begin the bid process again. Seconded by Council- man Long, the motion passed by the following roll call vote: AYES: All members present voted aye NOES: None 7. RECEIVE REPORT ON LANDLORD LICENSING PROCEDURE Mr. Steve Reed, Community Services Director, reviewed his findings with the Council. Mayor Sample asked if the proposed $30 fee would cover all expenses and overhead. He also addressed charging a new and a renewal fee. Mr. Reed responded by saying his cost was based on a 90% ratio. He said no, the $30 fee would not cover everything the first year but $35 would. Councilman North said the main thrust of the program would be 100% compliance. Mr. Reed said that 94% at $35 for the first year is probably the best we can expect. He went on to say that to reach the 100% compliance, will require a great deal of research. However, that is his departments goal also. Mr. Carl Fisher, landlord, spoke up and told those present that he owns a number of rental properties within our City. He agreed that something must be done. But he felt that licensing the landlord wouldn't make them better landlords. He suggested the Certificate of Occupancy inspection be toughened. Councilman Dodds stated that many of the landlords care nothing for the integrity of the neighborhoods. Mr. Bob Hauch, citizen, suggested that the present Ordinances be enforced and possibly add a general appearance Ordinance. He was adamently against a yearly inspection of occupied rental homes. The Mayor felt like the rental property is a business and should be licensed as one. He then suggested the discussion be continued at the March 6th meeting. The Mayor then announched that the Council would proceed to agenda item .#12. 12. CLOSED DOOR SESSION AS AUTHORIZED BY ART. 6252-17 OF V.A.C.S. REGARDING PERSONNEL Upon reconvening in open session, with no further action to be taken by the Council, Councilman Dodds moved to adjourn the meeting. Seconded by Councilman Long, the motion passed by the following roll call vote: AYES: All members present voted aye NOES: None Mayor Sample adjourned the meeting at 1:13 a.m. APPROVED: ATTEST: Janet~n~d, City Secretary