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HomeMy WebLinkAbout04/02/1984 City Council MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON April, 2, 1984 A REGULAR SESSION of the City Council of the City of The Colony was called to order at 7:30 p.m. at City Hall with the following members present: Larry D. Sample Mayor Scott North Councilman Norman Adeler Councilman Don Amick Councilman Charles Dodds Councilman Marlene Poole Councilman and with Councilman Long absent; however, 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. 2. CITIZEN INPUT There was not citizen input. 3. RECEIVE PRESENTATION OF TREES FOR THE CITY FROM CUB SCOUT PACK #451 Mrs. Diana Botkin, speaking on behalf of the pack, officially presented the tree's to the City. She said they were planted yesterday, Sunday April 1st. The scouts hope these tree's will grow as our city is growing, quickly. Steve Reed, Director of Community Services, told them "thank you for your work." Mayor Sample added his thanks on behalf of the Council stating that tree's are a rare thing in this city and they are a very appropriate gift. 4. CONSIDERATION OF RESOLUTION DECLARING THE WEEK OF APRIL 8-14 AS NATIONAL LIBRARY WEEK Jodi Phelan, Librarian, stated that this week is an annual celebration of libraries of ~11 types all over the country. She added that Open 'House, April 8th, will also be the second birthday celebration for our library. She' went on to say that the recent remodleing has added 35% more shelf space to the library. They will have special programs scheduled all week. She then introduced Betsy Kelly her assistant librarian. Mayor Sample read the following Resolution. RESOLUTION WHEREAS, The Colony Public Library is a valuable resource to this community, and WHEREAS, the library offers information and reading materials that aid in the education of our youth as well as enriching the minds of our citizens, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY FO THE COLONY, TEXAS: That in conjunction with the scheduled Open House on April 8, 1984, the week of April 8 thru 14, 1984 be declared as "LIBRARY WEEK" in The Colony, Texas. Councilman North moved to accept the Resolution. Seconded by Councilman Poole, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None 5. PUBLIC HEARING CHANGING ZONING FROM OF-1 TO GR ON A 1.254 ACRE LAND TRACT GENERALLY LOCATED ON THE SOUTHEAST CORNER OF FM423 AND SOUTH COLONY BOULEVARD Councilman North moved to open the Public Hearing. Seconded by Councilman Dodds, the motion passed with the following roll call vote: Ayes: Ail members present voted aye Noes: None Using a map, Steve Reed, Director of Community Services, showed everyone present where the property in question is located. He advised the Council that this request had been review and approved by the Planning and Zoning Commission at their March 13th meeting. This zoning request allows for a strip shopping center at this site. Mr. David Dunning and Mr. Sam Kartalis, of Dunning Development were present and gave a brief background of their experience and their company. They showed everyone a rendering of what they expect their center to look like when completed. It will have brick columns and generally a clean look. They indicated there would be some office space in the center. They presented the Mayor and Council with a Declaration of Restriction banning tenants such as game parlors, discotechs, arcades, bars and the like. They would also restrict tenants from assigning space without approval. This would prevent such things as adult book stores and/or X-rated theaters. Mr. Dunning said their center would occupy 5 to 10 merchants. Mr. Vince Condon, citizen, asked about possible land- scaping. Mr. Dunning advised him the center would be professionally landscaped. Lillian Morris, citizen, asked how many tenants have expressed interest in locating in this center. He said he had no firm committ- ments at the present time. Tom Cravens, citizen, asked if there would be any back doors. Mr. Dunning said no, the structure would back right up to the alley. City Manager, Janice Carroll, reminded the Council that this is a hearing for the use of the land at this time. After a brief discussion, Council- man Dodds moved to close the public hearing and instruct the City Manager to prepare an Ordinance for this change. Seconded by Councilman North, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None 6. CONSIDERATION OF ACCEPTANCE OF CONTRACT FOR THE SALE OF A 13.606 ACRE LAND TRACT GENERALLY LOCATED WEST OF FM423 AT SOUTH COLONY BOULEVARD Mayor Sample gave a brief history of the idea and concept of the use of this land. City Manager, Janice Carroll, stated that a committe consisting of herself, Mayor Sample and Councilman Amick reviewed all bids as authorized by Resolution 84-05 passed on March 28, 1984. She then read the following report from the committee: The City did receive four contracts of sale for the 13.606 acres, in accordance with the attorney's in- structions, each contract was reviewed. "Contract A" represented a net to the City of $2.53 per square foot which was substantially lower than the other contracts. This offer was not countered. "Contract B" represented a net to the City of $3.00 per square foot. This offer was countered, but the purchasers were not prepared to raise their offer. "Contract C" represented a net to the City of $3.00 per square foot. This offer was countered and the purchase price was increased to $3.10 per square foot. The contract was reviewed by the City Attorney and he advised that the form of the contract was not acceptable. "Contract D" represented a net to the City of $3.05 per square foot. This was countered and the purchaser responded with a net to the City of $3.12 per square foot with the further condition that $50,000 of this total cost be in the form of a donation to the City. It is the committee's recommendation that this donation be used to begin a Library Building Fund and that this contract be accepted contingent on the terms and condtions being acceptable to the City Attorney. All contracts received were cash. The two high contracts represented a per acre cost based on the 13.606 acres including all easements. All contracts represented a thirty to forty five day closing schedule. The recommended contract reflects a 30 day closing schedule while the next highest bid represented a 45 day closing schedule. Two contracts included commission fees in the amount of 6%. However, this cost is above the net cost presented above. "Contract D" the re- commended contract is actually in the amount of $3.33 per square foot or a total offer of $1,976,201.42. During these negotiations, the broker representing this firm has been most professional. The contract has some terms that are subject to negotiations; however , none are significant points to the purchaser or the seller. The committee would be happy to review in greater detail the terms of all contracts received and sub- sequent negotiations at the Councils request. After she gave their report, she said the notations made on the recommended contract were made by our City Attorney, Mr. John Boyle. She added the $100,000 earnest money check would be subject to change since the final bid amount is higher. Mayor Sample said if any easements were found to be unuseable, monies for that portion would be returned. However, he felt this would be very unlikely. In referring to "Contract D--, Councilman Poole experssed concern over the time frame and use for the property. The Mayor stated this would be shopping center use and no immediate time frame has been established. Mr. Wideman, represen- tative for "Contract D", stated that he did not know what his developers had in mind for this property. He added that they first acquire property, then they pursue the planning and prospective tenants. Mr. Oprea, representing "Contract C", stated he was prepared to begin construction in six months. He added that all his preliminary work is done and his anchor's are ready to proceed. City Manager Carroll asked if he had anything firm in writing, h~s reply was no. 001GbO Councilman Adeler stated that he did not want to see this property sit vacant indefinitely. He asked for some time utilization. Mr. Wideman assured him that as soon as a contract is entered into, his clients would provide renderings as well as a time frame for utilization. Councilman Amick felt since the 5 year clause was specified in the bid form, it should be adhered to regardless of who the bid is awarded to. Mayor Sample disagreed. He didn't feel this was necessary. Councilman North moved to accept the Resolution as it stands, awarding the property to Talmadge Tinsley. Seconded by Councilman Poole. Mayor Sample read the following caption to this Resolution: A RESOLUTION AWARDING A CONTRACT FOR THE SALE OF A 13.606 ACRE TRACT OF LAND (SUBJECT PROPERTY) TO THE HIGHEST AND BEST BIDDER; AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AND EXECUTE A CONTRACT FOR THE SALE OF SUBJECT PROPERTY IN A FORM TO BE APPROVED BY THE CITY ATTORNEY; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. The motion to accept this Resolution passed with the following roll call vote: Ayes: Ail members present voted aye Noes: None Councilman North then moved to advise the City Manager to include a five year deed restriction on the property. Seconded by Councilman Poole, this motion passed as well, with the following roll call vote: Ayes: Councilmen North, Adeler, Amick, Dodds and Poole Noes: Mayor Sample The Council then took a brief recess. Upon reconvening in open session, Mayor Sample addressed Agenda item #7. 7. CONSIDERATION OF ACCEPTANCE AND AWARDING OF BID FOR BANK DEPOSITORY AGREEMENT City Manager, Janice Carroll, adivsed the Council that The Colony Bank was the only bank that submitted a bid. She went on to say the bid process was conducted twice due to some confusion the first time. She read the list of banks bids were sent to. She said Willow Bend Bank had called today to say they couldn't bid at the present time but would like to be considered in the future. Colony Bank stated in their proposal that: 1) The daily account balance of each account will be presumed to be invested at a pegged rate that would be equal to 3/4 % less than the most recent average weekly 13 week Treasury Bill rate. 2) The City reserves the right to place or invest all of its surplus or idle funds outside the designated depository in any lawful manner as may be determined by the City Council from time to time throughout the term of the contract such that the City would benefit from the highest rate bid for these funds after taking into account the cost of handling such deposits outside the designated depository. Councilman North moved to accept their proposal. Seconded by Councilman Dodds, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None 8 CONSIDERATION OF A PROPOSAL TO ENTER INTO AN AGREEMENT TO CONDUCT AN ALIGNMENT STUDY OF SH121 City Manager, Janice Carroll, stated this was included on the agenda but recommended that no action be taken at the present time, but rather review, consider and discuss the proposal. Our portion of this study would cost $1,236.00. There seemed to be some question as to why Lewisville had only one mille of frontage on SH121 and why Carrollton had any at all. Where is Hebron, the Mayor asked. He stated these answers could be relevent to our current as well as future annexations. Mrs. Carroll said this study is for widening SH121 to a limited access freeway. The Mayor added that participation in this study would insure continued interest with the state on further works on SH121. This study will address entrances and exits from the freeway. Mayor Sample asked for a concensous of the Council. It was to proceed with the study and get answers to the aforementioned questions. 9. CONSIDERATION OF RESOLUTION APPROVING THE SUBMISSION OF GRANT APPLICATION TO THE TEXAS CRIMINAL JUSTICE DIVISION City Manager, Janice Carroll, stated that a Resolution of Intent is necessary before any grant can be requested. She added the grant can be denied even if the Resolution is passed. Chief Ristagno gave a brief description of the type of computer system they are trying to get and why. Mayor Sample said chances are very likely the hardware for the police computer would be compatible with the equipment presently being considered for City Hall. The Chief said all police records would be stored on this computer. This could also give our city access to other records in other cities, state and federal agencies. This would be included in the 1984-85 budget year. After a brief discussion, Mayor Sample Read the following Resolution caption: RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE SUBMISSION OF A GRANT APPLICATION TO THE TEXAS CRIMINAL JUSTICE DIVISION FOR THE EXPANSION OF THE INFORMATION SYSTEM (RECORDS) DIVISION OF THE COLONY POLICE DEPARTMENT AND PLEDGING PAYMENT OF THE LOCAL SHARE OF THE COST OF THE INFORMATION SYSTEM (RECORDS) DIVISION. Councilman Dodds moved to accept this Resolution as presented. Seconded by Councilman North, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Sample then addressed agenda item #12. 12. CONSIDERATION OF AUTHORIZING CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SCHRICKLE, ROLLINS & ASSOC. TO PREPARE A LAND USE PLAN FOR STEWART CREEK PENINSULA 00169i: Mayor Sample said a group of Investors interested in developing a portion of Stewart's Creek Peninsula have come to the City interested in annexation. This land is not presently within the City limits of our City. Recently, there has been some land spec- ulation on this peninsula causing the price of the property to be driven up. Because of this, the pro- posals for use'of this land have been for high density. He went on to stress the importance of having a deter- mination made as to the best use of this land. This is needed so that we will know what to tell them what we intend to do with that area. He then recommended the Council to authorize the City Manager to enter into this type of agreement with Shrickle, Rollins and Assoc. to plan the Stewart's Creek peninsula and then later plan the Wynnewood Peninsula. This was so moved by Councilman North. Seconded by Councilman Poole, the motion passed with the following roll call vote: Ayes: Ail members present voted aye Noes: None Councilman North stated for the record that he would like to have the planning for the Wynnewood Peninsula come back before the Council when the Stewart's Creek plans come back. 13. REVIEW PROJECT LIST Mayor Sample asked if anyone had any updated information to bring before the Council on any of the projects. Council. man Dodds had an update on a computer system. He said at the present time, Day Systems seems to be the most favorable. He is arranging for a demon- stration to review the system in the next week or so. He added that the Alpha Micro system being considered by the Police Department, would be compatible with Day Systems computer. Councilman North said he has been in touch with Golf Texas. They say they should be prepared to make a presentation to the Council within the next 30 days. This information will then be submitted to the Corps of Engineers. Councilman Amick said he had met with the Park and Recreation board. Two committee's were formed. They are: 1) Swimming Pool - to review the possibilities of bringing a pool into our City. 2) Community Center - to review the communities needs as well as the possibilities of turning Fire Station #1 into the Community Center. Park Board Member Mr. Delgado and Sylvia Brantley volunteered to help Councilman Amick review pools in the area for types, construction costs and operating costs. Board Member Megredy volunteered to join with Sylvia Brantley and Councilman Amick to review the plans for converting the Fire Station #1 into the Community Center. 11. RECEIVE REPORT ON CLEAN UP THE COLONY WEEKEND Steve Reed,Director of Community Services, stated that notices were stuffed in everyones water bills. The Clean Up will take place April 14 & 15. Texas Waste Management has agreed to bring large dumpsters to the City and place them in several locations of our choosing. Public Works will be available on the 14th to assist in hauling off large items from local residences. He said citizens are being urged to clean up their yards, garages, houses and etc. 10. RECEIVE REPORT OF OBSTRUCTION OF VARIOUS TRAFFIC CONTROL SIGNS City Manager, Janice Carroll, said this Js a report only. Mr. Reed reviewed his memo and list of problem locations with the Council. He said it is up to the Council to determine what they want to do. After a lengthy discussion it was stressed that the City Staff work directly with these homeowners. Councilman Amick suggested certified mail if personal contact can not be established. Mr. Reed assured the Council that every effort would be made to save our tree's. Mayor Sample made a statement before adjourning the meeting. He thanked all the prospective candidates for the April 7th election as well as CouncJlmembers for being so cooperative. With no further action to be taken by the Council at this time, Councilman Dodds moved to adjourn the meeting. Seconded by Councilman North, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Sample adjourned the meeting at 10:00 p.m. Approved: ~ L~ry~t~amp~e, Mayor Attest: Jan~/Gadd, City Secretary