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HomeMy WebLinkAbout02/03/1986 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON FEBRUARY 3, 1986 The REGULAR SESSION of the City Council was called to order at 7:30 p.m on the 3rd day of February 1986, 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 with all members present the following items were addressed: 1. PLEDGE OF ALLEGIANCE Mayor Sample led the Council and the audience in the Pledge of Allegiance to the flag of the United States of America. 3. CONSIDERATION OF APPROVAL OF MINUTES Councilman Amick moved to approve the minutes of the January 20, 1986 Council meeting as written. Councilman Harris seconded the motion which carried with all members voting Aye. 4. CONSIDERATION OF AN ORDER CALLING AN ELECTION TO BE HELD THE 5th DAY OF APRIL, 1986. Mayor Sample read the Caption of the Ordinance as written: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ORDERING AN ELEC- TION OF THE QUALIFIED VOTERS OF SAID CITY ON THE FIFTH DAY OF APRIL, 1986, FOR THE PURPOSE OF ELECTING FOUR COUNCILMEN FOR SAID CITY. Councilman Amick moved to pass the Ordinance as written. Council- man Harris seconded the motion which carried with a unanimous roll call vote. 9. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF A 1050 TRACTOR AND MOWER FOR THE PUBLIC WORKS DEPARTMENT. Councilman Amick moved to accept the bids and award the low bid to Trinity Lawn and Garden per staff recommendation. Councilman Harris seconded the motion which carried with a unanimous roll call vote. 10. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF A 1050 TRACTOR AND MOWER FORTHE PUBLIC WORKS DEPARTMENT. 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 TRINITY LAWN AND GARDEN IN THE AMOUNT OF $10,020.00 FOR THE PURCHASE OF A 1050 TRACTOR AND MOWER; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Councilman Amick moved to pass the ordinance as written. Councilman Dodds seconded the motion which carried with a unanimous roll call vote. 11. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF A TRACTOR AND FRONT END MOWER FOR THE PUBLIC WORKS DEPARTMENT. Councilman Dodds moved to accept the bids and award the low bid to Trinity Lawn and Garden as recommended by Staff. Councilman Amick seconded the motion which carried with a unanimous roll call vote. 12. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF A TRACTOR AND FRONT ENED MOWER FOR THE PUBLIC WORKS DEPARTMENT. 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 TRINITY LAWN AND GARDEN IN THE AMOUNT OF $6181.53 FOR THE PURCHASE OF A TRACTOR AND FRONT END MOWER; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Councilman Dodds moved to approve the Ordinance as written. Councilman Amick seconded the motion which carried with an unanimous roll call vote. 13. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF FIVE 95) PORTABLE RADIOS AND FOUR (4) MOBILE RADIOS FOR THE POLICE DEPARTMENT. Councilman Harris stated that the bids for portables had come in to high and he then moved to accept the bids and award the low bid to Motorola for the purchase of four (4) mobile radios only and to go back out for bid of the five (5) portable radios. Councilman Amick seconded the motion which carried with a unanimous roll call vote. 14. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF FIVE (5) PORTABLE RADIOS AND FOUR (4) MOBILE RADIOS FOR THE POLICE DEPARTMENT. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MOTOROLA IN THE AMOUNT of $10,922.00 FOR THE PURCHASE OF FOUR (4) MOBILE RADIOS;ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Councilman Amick moved to pass the ordinance as written. Council- man Harris seconded t he motion which carried with a unanimous roll call vote. 2. CITIZ]gNY INPUT Carol Smith of 5657 Tunrer St., The Colony, spoke regarding the street lights on Turner St. She stated that the lights had been requested a year ago and were still not installed. Janice Carroll said the lights had been ordered from Texas Power and Light and that she would have Jerry Van-Y, Public Works Director to check on their status. Carroll went on to that she thought three (3) lights had been installed already. Ms. Smith stated that none had been installed. Doug Gressett, representing ~he Colony Community Council, handed out a plan for an organizational sign to be placed at one of the entrances of the City on which organizations of The Colony can place their logo. Gressett stated that the sign would be 100 square feet in area, with either a brick base or a base of landscape timbers. Gressett said so far 9 organizations had expressed an interest, going on to say that the sign could be placed either on Paige or on 423 just north of 121. Gressett asked for guidance from the Council as far as location is concerned. Mayor Sample suggested that perhpas this subject could be discussed when item number 6 on this agenda is addressed, since it has to do with a median sign on Paige Rd. Ed Canada asked Mr. Gressett how maintenance of the sign would be handled. Gressett stated that the original cost of the sign will be divided among the participating organizations and a renewal fee will charged each year to cover maintenance. Mayor Sample suggest that staff get with Mr. Gressett to review possible locations before any final decisions are made. Harvey Bradley, of the Sesquicentennial Committee announced the "Sesqui Fling into Spring" coming up on March 1, 1986 and invited all person present to attend, noting that there will booths set up for various groups to sell their wares. Tom Ar rambide, City Councilman, thanked all who donated to the Arlen Kelly family int heir recent crisis. 5. CONSIDERATION OF THE APPROVAL OF PLANS FOR THE PAVILION TO BE CONSTRUCTED AT LIONS CLUB PARK. Robert Pointer and Larry Miller, Chariman and Co-Chairman of the Lions Club Pavilion Committee, displayed a model of the planned pavilion stating it's dimensions will be 32' x 48' at a cost of $6519.00. Mr. Pointer said that the Club realizes only $4999.00 was allocated by the Council to pay for the pavilion and the Lions Club plans to donate the additional $1519.00 to complete the project. The model shown at the meeting is phase 1 and Mr. Pointer said that phase 2 will include bricking the pillars all the way around the pavilion and that possibley in later years, a brick arch-way type divider can be built between each pillar. Pointer said they plan to locate the pavilion on the west end of the park near the playground equipment. Janice Carroll stated that a recommendation to approve had been received from the Park and Recreation Board. Councilman Amick asked if the poor drainage in that park would pose a problem for the pavilion and Park and Recreation Board Chariman Cliff Orme stated that would be no problem at all and added that the labor on this pavilion would be provided by the Lions Club members. Councilman Harris asked if anything had been done about setting scheduling use of the pavilion. Mr. Orme stated that Ms. Brantley would probably schedule the use as she did with other park facilities. Councilman Amick moved to approve the planned pavilion based on the specifications set out b~f Janice Carroll as to allocations of funds. Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. 6. CONSIDERATION OF APPROVAL OF MEDIAN IMPROVEMENTS AS PRESENTED BY THE BEAUTIFICATION COMMITTEE. Janice Carroll speaking as a member of the Beautification Committee recommended approval by the Council. Carroll stated that the origin of the idea was to correct the current problem at 121 and Paige Rd. with the timbers being run over by drivers. She went on to say that Fox and Jacobs would donate the brick for this project and employees of the Public Works were going to donate their time and labor to build the sign. Ms. carroll stated that the Men's Garden Club is going to landscape around the sign. Councilman Amick asked about the Business Park Zoning in that area and if in later years when tall buildings are built in that location would the sign be dwarfed. There was some discussion regarding moving the sign either closer to the houses or closer to Highway 121 but no change was made. Councilman Amick moved to approve the plan as presented. Council- man Dodds seconded the motion which carried with a unanimous roll call vote. At this time, Mayor Sample commended Mr. Ken Leverich, a Public Works employee for volunteering his time and talents in designing this sign. (See Attachment A) 7. CONSIDERATION OF APPROVAL OF PLANNED LAYOUT OF THE TEMPORARY SOCCER FIELDS TO BE LOCATED SOUTH OF TURNER STREET. Janice Carroll said this had been by the Park and Recreation Board and then pointed out to the layout plan displayed at the meeting. Ms. Carroll introduced A1 Gober to explain the plan. Mr. Gober described how the fields, parking lot, concession and port a pot would be situated. Carol Smith 5657 Turner St., expressed concern that people would be driving across her property to park close to the fields. Mr. ~o~er said the parking will not begin for about 30' east of her property line and assured that precautions would be taken to keep that from happening. Jeff Small also a resident in that area requested "No Parking" signs in the alley that runs along side the proposed fields. After a lengthy discussion regarding all aspects of the fields' location, it was generally agreed that there would not be any significant problems to the neighborhood. Councilman Harris moved to approve the plans as presented. Councilman Arrambide seconded the motion. Councilman Amick expressed concern about Sunday afternoon gam~s£~ being a nuisance to area residents. Mr. Small and Mrs. Smith both stated that would not be a problem. Mr. Small at that time passed out a proposal which he had prepared. His proposal was discussed by Council but not acted upon. The Mayor then asked for the vote. The motion carried with a unanimous roll call vote. 17. CONSIDERATION OF A DEED RESTRICTION ON THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF N. COLONY BLVD. AND FM 423 AS REQUESTED BY THE COLONY JOINT VENTURE. Janice Carroll stated that this request was in regard to the pedestrian crossover, schedule to be constructed at that corner, using a portion of the property owned by The Colony J~int Venture. Carroll went on to say that the City Attorney had reviewed this and that he or staff has no problems with the restriction except with the time limit of 15 months, stating that is not long enough. Ms. Carroll stated that either a motion or concensus approving or not approving this restriction would be in order. Councilman Amick stated that he was not comfortable with items 2 and 3 in the agreement ( See Attachment "B"). Councilman Ah~ick said he did not feel the time frame was unreasonable but that the City cannot guarantee when construction will begin because we are now waiting on the State of Texas to approve our plans and there is no way to determine how long that will take or if in fact we will have to change our plans. Councilman Amick then made the motion to direct the City Manager to re-negotiate with The Colony Joint Venture on items 2 and 3 of the agreement and come back to Council. Councilman Poole seconded the motion. At this time, Mayor Sample recognized Judi Oaks, with The Colony Joint Venture who stated that it was necessary to have a time constraint for the use of the land. Mayor Sample agreed but reiterated that 15 months was not long enough. Ms. Oaks said the company is happy to work with the City in any way in order to reach an agreement, but unless an agreement is reached their (the company) hands are tied. Mayor suggested restricting the land use to a crosswalk only and to be constructed within 3 - 5 years. Mayor Sample asked for the vote. The motion carried with a unanimous roll call vote. 15. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF A COPY MACHINE FOR CITY HALL. Janice Carroll said that it was brought to her attention that earlier the Mayor had specifically asked for user information for the Royal Copy Machine and that information was not included in the packet for Council review. She then recommended tabling this item and item Number 16 until all the information is available. Councilman Dodds moved to table items 15 and 16 and with a second from Councilman Poole the motion carried with a unanimous roll call vote. 16. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF A COPY MACHINE FOR CITY HALL. See item Number 15. 00225 8. PRESENTATION FROM PRICE ROBERTSON OF TEXAS POWER AND LIGHT COMPANY REGARDING CERTIFICATION BY THE PUBLIC UTILITIES COMMISSION TO SERVICE NEWLY ANNEXED AREAS Mr. Price Robertson, of T.P.&. L. was present at the meeting and addressed the Council regarding certification of newly annexed areas, explaining the single, dual and multiple certificaiton. Mr. Robertson showed a map and explained how the markings ont he map indicated which areas were singly certified to be serviced by T.P.& L. and which areas were singly certifed to be serviced by Denton County Go-op and which areas are dually certified to be serviced by both companies. Mr. Robertson further defined certification as follows: Single Gertification - customer has no choice of company Dual Gertification - customer can choose which company Multiple Gertification - customer can choose which company Robertson stated that the area around The Golony is dually certified and can be serviced by either Texas Power & Light or Denton Gounty Go-op. Mayor Sample asked how that could be changed. Mr. Robert- son said that the 7Public Utilities Commfssion Would have t° be~epe~suaded to issue a certifita]~e of necessity and that the P.U.C. is the one who can change certification. As indicated by the map there is an area in The Colony which is singly certified to be serviced by Denton County Co-Op and Mr. Robertson said that if all The Colony was dually certified at the least the customer could choose. He further stated that the City of McKinney is now looking into drafting a petition to present to the P.U.C. in order to change certification. Janice Carroll stated she had asked Mr. Robertson to come to this meeting and inform the Council of this because of the soon to be developed Stewart Creek Peninsula which is the area which is singly certified~ to be serviced by Denton County Co-op. Mayor Sample suggested that the City Manager reserach this problem in our area. There was a concensus that this should be done. 18. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2G REGARDING BOARD APPOINTMENTS. Upon reconvening in open session and with no further business to discuss, Councilman Dodds mvoed to adjourn and with a second from Councilman Arrambide, the motion carried with all members voting Aye. Mayor Sample adjourned the meeting at 10:15 p.m. APPROVED: ATTEST: Patti $ones~tary [SEAL] 002255 ATTACHMENT "A" 0022, ; ATTACHMENT "B" ,'he Colony Joint Venture ,____ 330 ONE TURTLE CREEK VILLAGE · DALLAS, TEXAS 75219 ' (214) 526-6190 January 20, 1986 Ms. Janice Carroll City Manager The City of The Colony 5576 North Colony Blvd. The Colony, Texas 75056 RE: Pedestrian Crossover NWC N. Colony & 423 The Colony, Texas Dear Janice: The Colony Joint Venture and The City of The Colony agree to an easement for a Pedestrian~Walkway over,Hwy. 423 and North Colony Blvd. on the following cond±tio~s: 1. The easement of 20' x 140', as shown on our plat shall not affect building set-backs. That is, the east easement line ~s the same as our east property line, as will be the starting point for determining set-backs. 2. Construction of the pedestrian walkway must commence within fifteen (15) months or the easement will be abandoned and revert to the Joint Venture 3. Crossover will be built according to plan, dated August, 1985, submitted to The Colony Joint Venture - if changed then the easement dedication is cancelled. Sincerely, THE COLONY JOINT VENTURE DALE BULLO~~G~ Accepted and Agreed this day of , 1986. THE CITY OF THE COLONY