HomeMy WebLinkAbout01/06/1986 City Council MINUTES OF THE CITY COUNCIL MEETING
HELD ON
JANUARY 6, 1986
The REGULAR SESSION of the City Council of the City of
The Colony was called to order at 7:00 p.m. on a tract
of land generally located in the southeast portion of
the corporate limits, bounded on the west by the Burling-
ton Northern Railroad and on the south by McKamy Trail~
and with the following persons in attendance:
Larry D. Sample Mayor
Rick Harris Councilman
Helen Gray Councilman
Don Amick Councilman
Charles Dodds Councilman
and with Councilman Poole and Councilman Arrambide absent
due to personal business, however a quorum was established.
I. PUBLIC HEARING FOR THE PURPOSE OF ANNEXING A TRACT
LAND APPROXIMATELY 350 ACRES IN SIZE, BOUNDED ON THE
WEST BY THE BURLINGTON NORTHERN RAILROAD, BOUNDED
ON THE NORTH BY THE 127 ACRE WHITE PROPERTY AND
BOUNDED ON THE SOUTH BY MCKAMY TRAIL.
Councilman Dodds moved to open the public hearing
and Councilman Amick seconded the motion which carried
with all members voting Aye.
There was no discussion and no one wished to speak
at the public hearing.
Councilman Dodds moved to close the public hearing
and Councilman Harris seconded the motion which carried
with all members voting Aye.
At this time, with no further discussion, Councilman
Dodds moved to adjourn the meeting and with a second
from Councilman Harris the motion carried with all members
voting Aye.
Mayor Sample adjourned the meeting at 7:02 p.m.
APPROVED:
ATTEST:
-a~~~ c r e t a r y
MINUTES OF THE CITY COUNCIL MEETING
HELD ON
3ANUARY 6, 1986
The REGULAR SESSION of the City Council of the City of
Thee Colony was called to order at 7:30 p.m. at City Hall
with the following members in attendance:
Larry D. Sample Mayor
Rick Harris Councilman
Tom Arrambide Councilman
Helen Gray Councilman
Don Amick Councilman
Charles Dodds Councilman
Marlene Poole Councilman
1. PLEDGE OF ALLEGIANCE
Mayor Sample led the audience and the Council in the
Pledge of Allegiance to the flag of the United States
of America.
2. CITIZEN INPUT
3ennifer Rush member of the local Assembly of Bahai's
was present at the meeting and addressed the Council
and the audience regarding the oth birthday party
being given on the 15th day of January, 1986 at Griffin
Middle School. She invited the Council and the public
to attend, stating that this is an open invitation
party and that gifts will be presented to the City
by various organizations and individual. Rush went
on to say that all employees of the City will be honored
and the event. Ms. Rush then asked if a Mayoral
Proclamation could be prepared £or signing at the
party~ proclaiming t986 as a year of Peace in The
Colony. Mayor Sample said that could be done
Dick Weaver advised the Council that he had attended
the Denton County Corrmissioners Court that day and
that the Corrrnissioners had voted to brick the ends
of the County building being built in The Colony.
Donna Mur~_ a citizen of The Colony spoke regarding
the problem of persons parking their vehicles on both
sides of the service roads on S. Co~'ony and N. Colony
Boulevards and requested that No Parking signs be
erected in those locations to prevent this problem.
Mayor Sample said the police could enforce this and
instructed 3anice Carroll~ City Manager to check into
that and report back to council. Helen Gray then
stated that the City should do something about persons
parking in front of the cluster mail boxes in our
city. Mayor Sample suggested that staff check with
the post office and see if they feel it is a major
problem and if they will help defray the cost of putting
signs on the boxes to that effect.
Tom Arrambide addressed the meeting regarding a house
fire that occured in our city on Saturday~ 3anuary
q~ 1986. He stated that the residents of the house
were friends of his~ and that they had lost everything
in the fire. Arrambide stated that these are loving
and caring individuals and made an appeal for citizens
who can and wish to do so~ to give to a fund that
had been set up at the First Colony Bank in the name
of Arlin and Candy Kelly~ (the victims). He went
on to say that the Kelly's had been able to find a
house to move into but that it took all their available
money and then some to do so, and that all donations
would be appreciated.
Al Gober asked the Council how many litigations were
currently pending against the City., referring to
item number 13 on the agenda for this meeting. Janice
Carroll stated that usually the litigation mentioned
in the agenda items calling for a Closed Door Session
is pending litigation and that this evening the Council
would be discussing the situation between the City
of Piano and the City of The Colony concerning the
recent annexation of the White property. Carroll
went on to say that currently the City is actually
involved in one litigation~ which has to do with a
case filed against the Police department for violation
of civil rights. She did state that the Fire Department
had received notice that they may be sued in a case
involving the death of a man that the ambulance personnel
had transported. She went on to say that the time
factor involved will probably prevent that suit from
taking place. Mr. Gober also questioned item number
ten (10), asking if we were replacing our current system
or adding to that one. Mayor Sample said these items would be dis-
cussed .more fully at the time they are called on the agenda~ but
that he would address it now briefly. Mayor Sample stated that the
system we now have is not sufficient to cover the entire city and
the new siren will ensure better coverage. 2anice Carroll also said
that radios are on order for all the schools so they can be notified
in case of an emergency.
3. CONSIDERATION OF APPROVAL OF MINUTES
Councilman Amick moved to approve the minutes of the December
9th, 16th 18th and 23rd (1985) meetings as written. Councilman
Poole seconded the motion which carried with all members voting
Aye.
t,. P[JBLIC HEARING FOR THE PURPOSE OF ANNEXING A TRACT
OF LAND APPROXIMATELY 350 ACRES IN SIZE, BOUNDED ON
THE WEST BY THE BURLINGTON NORTHERN RAILROAD, BOUNDED
ON THE NORTH BY THE 127 ACRE WHITE PROPERTY~ AND BOUNDED
ON THE SOUTH BY MCKAMY TRAIL.
Councilman Dodds moved to open the Public Hearing and Councilman
Poole seconded the motion which carried with all members voting
Aye. Janice Carroll advised the service plan was prepared and
in the Council Packets. With no further discussion, Councilman
Dodds moved to close the Public Hearing, and Councilman Arrambide
seconded the motion which carried with all members voting Aye.
5. PUBLIC HEARING REGARDING AN APPLICATION OF LEON BACKES
AND CARY PLATT FOR A ZONING CHANGE ON APPROXIMATELY
2 ACRES ON 2 PARCELS OF LAND, LOCATED AT THE NORTHEAST
CORNER OF PAIGE RD. AND S. COLONY BLVD.
Councilman Dodds moved to open the Public Hearing and Councilman
Poole seconded the motion which carried with all members voting
Aye. Janice Carroll stated there is a memo in the Council Packet
Eric Stanton, Building Official giving the Planning and Zoning Commission
recommendation and Planning and Zoning member, Harvey Bradley
was present at the meeting to answer any questions Council may
have. Carroll went on to say the Larry Ludwig was at the meeting
representing the owners of the property. Eric Stanton re-iterated
the suggestion made my P&Z to require a General Use plan as
part of the zoning change., if approved. Councilman Amick asked
how the property is zoned now and Stanton stated property would
be changed from Office 1 to General Retail if change approved
allowing any retail use other than a large outside retail such as
a car dealer. Larry Lud wig stated that the change is being requested
by Carter Development Corporation rather that Backes and Platt
as stated originally and that Craig Tims of that company is present
to represent them. Mr. Tims addressed the Council stating that
he is the president of the Carter Commercial Development Company
and has two (2) partners; ~21iff Johnson and Rick Mie. Mr. Tims
explained their plan to develop 22~500 square £eet of space with
2000 square feet devoted to a "white table cloth" restaurant, stating
they see a need and would like to see a fine restaurant in the area.
Tims said their architectural plan calls for something that will blend
in with the rest o£ the community. Councilman Poole asked what
the time frame on this project is and Mr. Tims said as soon as the
financing is worked out they will begin devlopment. Ed Canada
asked why they were asking for General Retail when this appears
to be a shopping center. Eric Stanton stated that General Retail
zoning is used for a strip center such as this one. Mayor Sample
said that if they needed any help in drawing the restaurant to let
us know and we will help in any way we can.
Councilman Dodds moved to close the Public Hearing and directed
the staff to prepare the necessary Ordinance changing the zoning
from Office I to General Retail. Councilman Poole seconded the
motion which carried with a unanimous roll call vote.
[Vt. Tims requested a letter stating that the zoning would be approved.
6. PUBLIC HEARING REGARDING AN APPLICATION OF MR. C.W.
NORTHCUTT FOR A ZONING CHANGE ON 20~000 SQUARE FEET
OF PROPERTY LOCATED IMMEDIATELY SOUTH OF THE FIRST
COLONY BANK.
Councilman Dodds moved to open the Public Hearing and Councilman
Amick seconded the motion which carried with all members voting
Aye. Janice Carroll stated there was a memo in the Council Packet
from Eric Stanton giving the Planning and Zoning Commission
recommendation. Mr. C.W. Northcutt was present at the meeting
to answer any questions regarding the development. Stanton stated
that the zoning request is to change from Office I to General Retail.
Mr. Northcutt addressed the Council and showed a rough site plan
stating that he plans to move his family furniture business to The
Colony from Marietta~ Ok. if the sale goes through. With no further
discussion, Councilman Dodds moved to close the Public Hearing
and directed the staff to prepare the Ordinance changing the zoning
from Office I to General Retail to be effective when the sale of
the property is completed and the property belongs to Mr. Northcutt.
Councilrmn Poole seconded the motion which carried with all members
voting Aye with the exception of Councilman Amick who voted no.
7. CONSIDERATION OF AN INTERLOCAL AGREEMENT WITH DENTON
COUNTY FOR LIBRARY SERVICES.
Mayor Sample stated that he did not like this agreement or the
other agreements addressed in items 8 and 9 on this agenda, partially
because of the wording. Sample stated that in all three agreements
the term Denton is used instead of the County and thinks that should
be changed. The Mayor went on to say that the City Attorney
had several comments regarding the agreements. Councilman Poole
suggested tabling all three items. Janice Carroll stated she would
like to have Council comments regarding the agreements. Mayor
Sample asked Chief Ronnie Gothard what our fire district includes.
Gothard said we go east to Coiling County line, north to about the
middle of Phillips Ranch~ west to Lewisville City limits. Mayor
Sample then asked how much money is received from this agree-
ment. Gothard stated all active participants receive $3000.00.
Sample said he felt the fire agreement should be rejected until
more equitable terms could be agreed upon and just go with the
ambulance agreement. Chief Gothard said that his department
goes into these areas without a written agreement then federal
benefits are not applicable, unless it is a mutual aid situation.
Janice Carroll noted that the city recieved $60.00 per call on top
of the $3000.00. Mayor Sample asked why Piano and Carrollton
were not listed in the agreements. Chief Gothard said he did not
know. Mayor Sample requested Chief .Gothard to get the statistics
on calls. Janice Carroll asked if she should refer these comments
to Denton County and bring the agreements back to Council at
the January 20, 1986 meeting. C~ouncilman Dodds moved to table
and directed staff to refer the comments ~0 Denton County.
Councilman Poole seconded the motion which carried with a unanimous
roll call vote.
8. CONSIDERATION OF AN INTERLOCAL AGREEMENT WITH DENTON
COUNTY FOR FIRE SERVICES.
This item was discussed along with item number 7 and included
in the motion to table by Councilman Dodds, seconded by Councilman
Poole.
9. CONSIDERATION OF INTERLOCAL AGREEMENT WITH DENTON
COUNTY FOR AMBULANCE SERVICES.
This item was discussed along with item numbers 7 and 8 and included
in the motion to table by Councilman Dodds, seconded by Councilman
Poole.
10. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR
THE PURCHASE OF AN OUTDOOR EARLY WARNING SIREN SYSTEM.
Janice Carroll referred to a memo from Chief Gothard , stating
that he was at the meeting to answer any questions. Mayor Sample
asked if the new siren is compatible with the old and Chief Gothard
stated yes. Mayor Sample asked where it would be located and
Chief Gothard said on the west side of FM #23, possible near the
Boy Scout Park south of N. Colony Blvd. There was a lengthy discussion
regarding the location of the new siren. The general feeling was
that perhaps it should be located further west to try and cover
the Stewarts Creek Park as much as possible and still include coverage
of Stewarts Creek Elementary School. It was stated that the exact
location could be determined at a later date. Councilman Amick
moved to accept and award bids to Gilford Electric Company as
recommended by Chief Gothard. Councilman Dodds seconded the
motion carried with a unanimous roll call vote.
11. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH GIFFORD ELECTRIC
COMPANY FOR THE PURCHASE OF AN OUTDOOR EARLY WARNING
SIREN SYSTEM.
Mayor Sample read the caption of the Ordinance as written:
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH GIFFORD ELECTRIC COMPANY IN THE
AMOUNT OF $11,$71.00 FOR THE PURCHASE OF OUTDOOR
EARLY WARNING SIREN SYSTEM; ATTACHING THE APPROVED
FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING
AN EFFECTIVE DATE.
Councilman Amick moved to approve the Ordinance as written and
Council Dodds seconded the motion which carried with a unanimous
roll call vote.
12. CONSIDERATION OF A RESOLUTION AUTHORIZING THE USE
OF INTEREST EARNED IN THE SWIMMING POOL PROJECT FUND
FOR THE COMPLETION OF THE PROJECT.
Janice Carroll, City Manager explained the reason for the resolution
stating that the costs were coming in over the amount in the bond
project itself and that this resolution approved the payment of that
overrun from the interest earned on the money. She went on to
say that the interest used would be replaced by money transferred
from an old street improvement bond and from a refund of $#3,500
received from the State just last week on the FM #23 project.
Carroll then went over the breakdown of funds. (see attachment
Mayor Sample read the Resolution Preamble as written:
A RESOLUTION APPROVING AND AUTHORIZING THE
FUNDING OF A CONSTRUCTION CONTRACT WITH
TELAMON CONSTRUCTION COMPANY FOR THE
CONSTRUCTION OF A PUBLIC SWIMMING POOL FACILITY
AND ALL ATTENDANT AND NECESSARY COST THERETO.
Councilman Amick moved to approve the Resolution as written
and Councilman Poole seconded the motion. Dick Weaver asked
why we were using interest on the bond funds when the public was
told that the interest would be used to reduce the tax rate. Mayor
explained that the money was being replaced with other funds and
would ultimately have no effect on the interest itself.
The motion carried with all members voting Aye with the exception
of Mayor Sample who voted no.
13. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17~
V.A.C.S.~ SECTION 2E~ REGARDING LITIGATION.
Upon reconvening in open session and with no further business to address,
Councilman Dodds moved to adjourn. Councilman Amick seconded
the motion which carried with all members voting Aye.
Mayor Sample adjourned the meeting at 11:55 p.m.
APPROVED:
~/'1~'~ r/D." S'~"~ le, 'lVlayor
ATTEST:
[SEAL]
ATTACHME:~T
TOTAL COST BREAKDOWN
Conszruction Cost of P
oo ...................................................... $ 850.000.0G
M Ban~ ..................................................................................~l.00*
First $outhwes% ..................................................................... 7;2§3.]
5rid~eiarmer & Associa~e~ ....................................................
Hutchison, Price, 5oyle & BrooksJ,..~ ...................................... 1,039.95'
Bond Rate Expenses ' 127.08'
Rawls Welw. ......................................................................... ~6S0.02+
Rawls We]tv Proiessiona! ....................................................... 6.092.00
Rawls Welty Reimbursable...~P.~im.amaJ ................................... 9.8~9.00
TOTAL COST $ 925,~96.00
~denotes $'s already expended
Project Cos: ......................................................................... $
Bond Proposition ................................................................... : $ 850.000.00
Interest earned thru 12/31/g5 ................................................ 68.601.99
((transiered to Debt Service) S 918.601.99
Amount still needed
Approximately $35,000 will be the imerest earned in 3anuary on the Bond Funds.
17% of this amount will be allocated for the Pool project.
535,000 - 17% : 55,950
The .remaining $ge~e/.~/3 .._will ?e .?rn. ed_in February.
SUMMARY OF REIMBURSMENTS TO DEBT SERVICE
Cost of Pro)ec-. ........................................................................... S 925.~96.~2
Bond Proposition ......................................................................... ~50.000.00
Difference between Bond Proposition & Cos% ............................... $75,1196.~2 ~
~aAmount to be transferred from Debt Service to Pool Fund
PROPOSED REIMBURSMENT TO DEBT SERVICE:
State Draft received as refund on FMC23 widening project ........... $ ~3,500.00
(Already in Debt Service)
Transfer from 1979 Streel Improvement Bonds ............................. 31.996.~2
$ 75,e/96./42
$31~0~0.7& r6maining in 1979 Street Improvement BonOs