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HomeMy WebLinkAbout03/03/1986 City Council 00227¢-; MINUTES OF THE CITY COUNCIL MEETING HELD ON MARCH 3, 1986 The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order at 7:34 p.m. on the 3rd day of March, 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 audience and the Council in the Pledge of Allegiance to the flag of the United States of America. 2. CITIZEN INPUT Dick Weaver, thanked Councilmen Dodds, Gray and Arrambide for the data they had gi~e}i-him that will assit he and Bill Connerly and John Arrambide in a budget review program they are working on. Mr. Weaver also had some questions regarding the plans for the new municipal complex, stating he had come to City Hall last week to view the plans and found that the drawings he had viewed were two (2) months old and he had wanted to view the latest available drawings. He went on to say that the drawings were not titled as to what building was on the page and in fact that the entire package was not titled. Mr. Weaver said that there needs to be an architect on the building committee because these drawings are not easy to follow. Janice Carroll said that the latest drawings are available and if he would make an appointment she would have the drawings for him to view. Mayor Larry Sample, read a Mayoral Proclamation regarding Lions White Cane Week: Whereas, there are 30,000 blind people int Texas dependent upon a white cane or leader dog; and, Whereas, Mark White has proclaimed the week of March 14 - 21, 1986, as Lions White Cane Week; and, Whereas, Lions Clubs seek to acquaint the public with its obli- gations to the people who use leader dogs or white canes, and to assure public recognition and observance of the law protecting persons using these symbols; and,: Whereas, the International Association of Lions are interested in sight conservation work through District 2-E2 Lions Organ and Eye Bank and School for the adult blind and aid to the sight handi- capped through examination and eyeglasses for the less fortunate, and other worthwhile service projects; and, Whereas, the Lions of District 2-E2 give freely of their time and effort in the sale of miniature white canes to raise funds for these worthwhile projects: Now, Therefore, I Larry D. Sample, Mayor of the City of The Colony, Texas, do hereby proclaim the week of March 14 through March 21, 1986, as LIONS WHITE CANE WEEK in the City of The Colony and urge all citizens to become familiar with the meaning and purpose of the white can and leader dogs. John Grimshaw and of the Lions Club were at the meeting to accept the Proclamation and to explain to the audience how the White Cane programs works. Mayor Sample then explained to the audience how the Consent Agenda works and then moved to item No. 10. 10. RECEIVE REPORT FROM THE COMMITTEE ESTABLISHED TO EVALUATE THE ZONING REQUEST FROM FOX AND JACOBS, INC. FOR THE 205 ACRE TRACT WEST OF FM 423. Mayor Sample read a letter 'received this date from Fox & Jacbos, Inc. (see attachment "A") stating that the company has withdrawn their request for zoning change on the property in question. Jerry Rambert, committee member, reported that the committee had come up with some alternatives for zoning on the 205 acres, He stated that they wanted the homes south of N. Colony Blvd. to be a minimum of 1900 square feet, rear entry, 2 car garages, and they want the street widths to be expanded to accomodate cars parked on both sides of the street and still allow room for emergency vehicles. Mr. Rambert stated the lots would be a minimum of 60'. He went on to say that the homes on the Peninsula itself and along the lake would be a minimum of 1800 square feet and that the homes in the center of the 205 acres would be a minimum of 1600 square feet. Mr. Rambert stated that Fox & Jacobs had been present at the last committee meeting and were aware of these requests. Mr. Rambert stated that these are minimums that the citizens of the city want and asked the Council what the next step is to get this property zoned in this manner before another developer buys this land and asks for another type zoning. Mayor Sample sand Janice Carroll, City Manager will be looking into the procedures available and that he would like the committee to meet one more time after some recommendations are made. Councilman Amick asked how long a zoning case can be continued once the developer has withdrawn it. janice Carroll said there really is no time limit as long as the same concept is maintained. Councilman Amick said he felt this should be handled expediently. 3. CONSENT AGENDA Councilman Amick asked that items B and C be removed from the Consent agenda to be discussed separately. A. CONSIDERATION OF APPROVAL OF MINUTES Councilman Amick moved to approve the minutes of the February 17, 1986 meeting be approved as written. Councilman Harris seconded the motion which carried with all members voting Aye with the exception of Councilman Arrambide who abstained. B. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF PLAYGROUND EQUIPMENT. Councilman Amick asked if this was being purchased with bond funds and City Manager Carroll said yes this was from the Park Improvement Bonds. Councilman Amick said he had seen a drawing of Perryman Park, where this equipment is to be placed, was expecting to see another more final plan before equipment was purchased and that he was not in favor of awarding the bids until ~he sees a conceptual drawing. Mayor Sample said we could accept the bids tonight and award them later. Councilman Dodds stated that if we accept the bids tonight and then decide that no;f~e of equipment bid is what we want then we are stuck with having to award to one of the bidders. Janice Carroll said that was correct and then she described the equipment to the Council. The Council still felt they should see something more before accepting and awarding bids. Councilman Amick moved to table until the March 17, 1986 meeting this item. Councilman Dodds seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF PLAYGROUND EQUIPMENT. Councilman Amick moved to table this item until the March 17, 1986 meeting. Councilman Dodds seconded the motion which carried with a unanimous roll ca]] vote. D.RECEIVE AND ACCEPT RESIGNATION FROM A MEMBER OF THE PLANNING AND ZONING COMMISSION. Councilman Amick moved to accept the resignation of Tom Cravers from the Planning and Zoning Commission. Councilman Harris seconded the mo~/on which carried with all members voting Aye with the exception of Councilman Arrambide who abstained. 00227 , E. CONSIDERATION OF APPROVAL OF CHANGE ORDER FOR TURNER STREET PARK IMPRVOVEMENT PROJECT. Councilman Amick moved to approve the change order of $156.00 for the Turner sTreet Park Improvement project. Councilman Harris seconded the motion which carried with all members voting Aye with the exception of Councilman Ar~rambide, who abstained. F. CONSIDERATION OF APPROVAL OF CHANGE ORDERS FOR THE COLONY ACQUATIC PARK. Councilman Amick moved to approve two change orders in the amount of a deduct of $22.00 and an addition of $3050.00 for ~lae Colony Acquatic Park. Councilman Harris seconded the motion which carried with all members voting Aye with the exception of Councilman Arrambide, who abstained. G. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE PURCHASE AGREEMENT FOR THE ACQUISITION OF CITY VEHICLES. Councilman Amick moved to approve the Ordinance as written to enter into an agreement with First Continental in the amount of $117,965.88 for the purchase of city vehicles. Councilman Harris seconded the motion which carried with all members voting Aye with the exception of Councilman Arrambide who abstained. H. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY, AMENDING CHAPTER 60FTHE CODE OF ORDINANCES RELATING TO BUILDINGS, CONSTRUCTIONA ND RELATED ACTIVITIES. Councilman Amick moved to approve the Ordinance as written. Councilman Harris seconded the motion which carried with all members voting Aye with the exception of Councilman Arrambide who abstained. 5. CONSIDERATION OF APPROVAL OF EASEMENT AGREEMENT BETWEEN HUNSICKER BULLOUGH AND THE CITY REGARDING EASEMENT TERMS FOR THE PEDESTRIAN CROSSOVER. Janice Carroll, City Manager stated that a new agreement was delivered Friday to her office and that agreement was reviewed this date by our attorney, who saw no problems with the agreement. Carroll explained the purpose of the easement and that is necessary for the construction on the crossover. She went on to say that an agreement had come before Council a few weeks ago and there were some problems with that agreement and that the enw agreement addresses those changes. :-- Hunsicker Bullough, Attorney, Art Anderson said they were not asking for a parking variance which was one concern of council. Mayor Sample said he did not agree with the 20 month stipulation. Mr. Anderson said they have to have some certainty regarding when the crossover will be built because of the development of the property. Councilman Harris said he would like to see a minimum of 48 months in the agreement as the time frame allowed to begin construction of the crossover. Councilman AMick said this project coulc triple in cost if it has to built according to the state's handicap regulations. Mayor Sample suggested that this item be tabled until the April 2'1, 1986 meeting to give the City time to receive information fromt he St ate. Councilman Harris wanted to know if we were holding up the progress of the developer because of this agreement. Janice Carroll said it should not stop P & Z from acting ont he site plan approval. Attorney Anderson asked for Council to direct P & Z to take action. Councilman Dodds moved to table this item until the April 21, 1986 meeting. Councilman Poole seconded the motion which carried with a unanimous roll call vote. Mayor Sample, at this time, called for a 5 minute recess. 6. RECEIVE REPORT REGARDING PROCESS FOR THE SALE OF IRREGULARLY SHAPED, PUBLICLY OWNED LAND TO CITIZENS. Janice Carroll showed a map of the City and indicated on it some individual parcels of land, some of which drops off into the flood plane and is of no use, and therefore left out of the platting process. Carroll stated that persons in the City had expressed interest in this land, either to buy it or to just use it and maintain it. Carroll went on to say that Council needs to establish a policy regarding this. Carroll said this land is not deeded as park land and that our attorney advised that if it was, it would have to be sold. In order to be sold, it would have to be appraised and the city would have to sell it by a bid process. Carroll did say that the attorney said we could lease the property for a nominal fee and that it could be used and maintained by the lessee. Ms. Loraine Thompson, 4225 Iola said that she does not want people to be able to build storage buildings on the land around her residence and ruin her view. Debbie Manianti, stated that all they want to do is maint~i~ the land, not build on it. She stated that she has two children and she would like:them to be able to play on this land, which is located behind her house, in safety. Marvin Yandell stated that if the city coulc abandon the porperty to the homeowners for maintenance, either at Fair market value or a nominal lease fee. Mayor Sample asked if allwoing a 4 foot fence would be agreeable, with no structures ont his property. All persons in attendance agreed. Councilman Amick said to go through the bid process is out of the question but that abandonment or leasing would be a goo idea. Mayor Sample said he would like to see a long term lease agreement and would like to see it on a "whole neighborhood" basis. Mayor Sample also said he would want a study done to be sure that some of this land in question could not be used by the City. Mayor Sample said the following items would be considered in preparing these arrangements: 1. City keep control by deed restrictions allowing no structures and only a 4' fence. 2. Long term lease 3. Fair Market Value 4. Neighborhood Basis Councilman Harris said the City also needs to decide what land can be leased and what cannot. Councilman Dodds was not conviced that the City should charge a lot of money for these tracts since it would benefit the City more to have the land maintained at no cost to the City, and that too high a charge might keep people from leasing the land at all. Councilman Amick asked if Fox and Jacobs ever deeded the land on Augusta to the City for a park and Janice Carroll said no they had not. Councilman Amick went on to say that should be done and Carroll responded that she had mailed a letter to Fox and Jacobs to that effect. John Grimshaw, a citizen, said all the land in The Colony belongs to the citizens of the City and that a study should be done to see if any of the land is usable, perhaps for a park. Janice Carroll stated that an in house study would be done on land use and that some procedures would be drawn up based on the Council inp~I/;before proceeding. 7. RECEIVE REPORT ON LOCATION OF EMERGENCY SIREN Janice Carroll stated that bids had been received, accepted and awarded but no location was decided upon. Fire Chief Ronnie Gothard was present at the meeting and showed a map of the City indicating where the current siren is located and the proposed location of the new siren. Gothard said he had met with Leo Hatfield of Gilford Electric, whose recommendation is to place the siren in the park at Newton and Keys Drive. This is the Beta Sigma Phi adopted park, which is in the center of the penin- sula and the ground is level and is what he belives the best location. Councilman Harris asked why a system cannot be installed that covers Stewart's Creek Park. Councilman Harris said this system will not do that and he doesn't want to spend $13,000.00 if it will cover the park. Councilman Amick said that this is the system which was approved during the budget process and that approval was based on this presentation. There was a general discussion regarding various locations to get the best coverage. It was generally decided that the coverage around the residences and school was more crucial than the park coverage. Janice Carroll did say that there is a possibility that the old siren at Fire Station Number 1 may be repaired and moved to Stewart's Creek Park for coverage in that area. Carroll said that cost for the repair is estimated at $1200.00 and that the move would be an additional cost. Councilman Harris reqeusted a real cost estimate on repair and move of the old siren. Councilman Poole said that we should go with the recommendation and review cost for moving the siren at a later date. 0022a! Councilman Amick moved to approval the proposal and t° direct Chief Gothard to check into the costs of moving the old siren to Stewart's Creek Park. Councilman Poole seconded the motion. The motion carried with a unanimous roll call vote. 4. RECEIVE REPORT FROM CITY MANAGER REGARDING BOND PROJECTS Janice Carroll gave an overview of all the bond projects going on in the City (see Attachment "B"). There was a general discussion regarding each project. Don Jost, new Pool Manager stated that the pool is about two weeks ahead of time at this point and that the workers were almost finished with the pools themselves. Mr. Dick Weaver, citizen, stated that the pool is $90,000.00 over and that the citizens will be paying that overage in taxes. Janice Carroll said that was not correct and explained the Resolution passed previously moving funds from an old bond account to this account and also some $43,000.00 refund fromt he state which is making up the difference. Mayor Sample said that the taxpayers would not be making up the difference in taxes. Mayor Sample said that a truck had been stuck in the B.B. Owens parking and that he felt the company should be billed for the repair. 8. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S. SECTION 2G, REGARDING PERSONNEL AND BOARD APPOINTMENTS. Upon receonvening in open session the following item was addressed: 9. CONSIDERATION OF A CITY MANAGER EMPLOYMENT CONTRACT Councilman Dodds moved to approve the Contract prepared by the City Attorney with two (2) additions: 1) a 3/4 vote of the council can terminate the City Manager. 2) If the City Manager is terminated he/she will receive 3 months severance pay. Councilman Poole seconded the motion which carried with a unanimous roll call vote. Councilman Dodds moved to adjourn and Councilman Amick seconded the motion which carried with all members voting Aye. Mayor Sample adjourned the meeting at 12:45 a.m. APPROVED: ATTEST: Patt{ J°neS~its; Secretary 00228 _ ATTACHMENT "A" FOX.JaCOBS March 3, 1986 Ms. Janice Carroll City of The Colony 5576 N. Colony Blvd. The Colony, Texas 75056 Dear Janice: We have decided to terminate our contract to purchase the 205 acre tract of land on the west side of The Colony and therefore withdraw our request to amend the comprehensive zoning ordinance from Agricultural to Planned Development. Your usual cooperation is appreciated. Very truly yours, Larry B. Ludwig Dallas/Ft. Worth Land Manager LBL/vmj cc: Mr. Richard Lindberg FOX & JACOBS, INC. 2800 Surveyor Bird. / P.O. Box 110934 / Carrollton, Texas 75011-0934 AC (214) 245-8511 00228'4, ATTACHMENT 'B" BOND PROJECT REPORT March 3; 1986 PROPOSITION # 1 MUNICIPAL COMPLEX $ 2,060,000 Status: Bid this week (Old ~.oj ....... ) Projected Actual Remaining Bond Sale Costs $ 20,600.00 $ 20,530.11 $ 69.89 Architect $ 95,000.00 76,260.#2 18,739.58 (5.5% & reimbursables) Engineering 15,000.00 11,203. #8 3,796.52 Off Site Utilities 26,0#9.00 -0- 26,0#9.00 Soil Test 2,#00.00 2,315.50 8#.50 Construction 1,621,360.00 -0- 1,621,360.00 FF&E 279~591.00 -0- 279~591.00 $2,060,000.00 $110,309.51 $1,9#9,690.49 Project Balance as of 2/28/86 - $1,949,690.49 PROPOSITION It 2 LIBRARY $ 590,000.00 Status: Bid this week ,Projected Actual Remaining- Bond Sale Costs $ 5,900.00 $ 5,879.98 $ 20.02 Architect 28,345.00 23,021.57 5,323.43 Engineering -0- -0- -O- Off-site utilities 7,78 l.O0 -0- 7,78 !.00 Construction 491,686.00 -0- 491,686.00 FF&E 56,288.00 -0- 56,288.00 $590,000.00 $ 28,901.55 $561,098.45 Proejct Balance as of 2/28/86 - $561,098.45 PROPOSITION # 3 FIRE STATION $ 600,000 Status: Future project ', Pr. ojected Actual Remaining Bond Sale Cost $5,979.64 Balance as of 2/28/86 - $59%020.36 PROPOSITION t! 4 'fie COLONY AQUATIC PARK $850,000.00 Interest earned as of 2/28~75~051.66 Status: Construction (Adjusted Project Cost per Council 925,051.66 Resolution passed 1/6/86-- . ~925,497.00 Projected Actual Remaining Bond Sale Cost $ 8,546.17 Architect & Reimbursables 51,778.61 (6% & breakdown to $45,000 Engineering 6,394.23 *Off Site Utilities Construction $850,000.00 199~754.60 $925,497.00 $266,571. I 1 $658,925.89 Project Balance as of 2/28/86 · $65g,925;g9 Draw approved today * Lone Star Gas - ~o ~ TP&L - ~UD ~ ~ t ~-L,.o o ng %u~dget Pay from operati PROPOSITION t! 5 PEDESTRIAN CROSSOVER $ 200,000 Status: Review by the State Projected .Actua1 RemalninK Bond Sale Cost $ 1,993.21 Engineering (design) 5,991.31 $ 7,98#.52 Project Balance as of 2/28/86 = $192,015.#8 PROPOSITION t! 6 PARK IMPROVEMENTS $700~000.00 Status: Projected Actual Remaining B.B. OWENS Sprinkler & Reseed 3 39,#90.00 3 39,#90.00 -0- ~ 3,025.00 [2,425.00] Clay & ~~,~ 600.00 Parking lot 5,000.00 %927.13 72.87 Fencing/Backstops 5,000.00 6,678.77 [1,678.77] Electric -0- 64.52 [ 64.52] Players Benches 5,000.00 339.00 4,661.00 Frisbee Equipment 7,000.00 4,113.31 2,886.69 Lights 83,000.00 83,000.00 Playground Equipment 5~000.00 5~000.00 3150,090.00 358,637.73 391,452.27 CAMEY Sprinkler 3 8,000.00 3 124.68 3 7,875.32 Grade 2,500.00 2,500.00 Seed 1,500.00 1,500.00 Bleachers 1,600.00 1,600.00 3 13,600.00 3 124.68 313,475.32 PERRYMAN Playground 3 12,000.00 -0- 3 12,000.00 LIONS CLUB Pavilion 3 5,000.00 -0- $ 5,000.00 HIKE & BIKE ,.Preparation 3 25,000.00 -0- 3 25,000.00 PROPOSITION # 6 PARKS IMPROVEMENTS - ~2 _~$ 700,000.00 Status: _Projected Actual Remaining_ SLAY & BAKER Playground $ #,000.00 -0- $ 4,000.00 Park Benches/Sign _ 1,000.00_ -0- 1,000.00 $ 5,000.00 -0- $ 5,000.00 AUGUSTA . Water Tap $ 500.00 -0- $ 500.00 Playground 5,000.00 -0- -5,000.00 Benches/Picnic Tables _ I~500.00 -0- 1~500.00 $ 7,000.00 -0- $ 7,000.00 TURNER STREET Drainage/Improve/Grading $ 61,000.00 $94,975.00 [33,975.00] Additional Sprinkers 15,000.00 -0- 15,000.00 Parking Lot 11,000.00 -0- 11,000.00 Lights 82,000.00 -0- 82,000.00 Reseed/Hydromulch _ 5~000.00 -0- 5~000.00 $174,000.00 $9#,975.00 $79,025.00 LATIMER CIRCLE Water Tap $ 500.00 -0- $ 500.00 Swing Set 1~000.00 -0- 1~000.00 $ 1,500.00 -0- $ 1,500.00 DAVE COWAN PARK Basketball Court $ 500.00 -0- $ 500.00 PROPOSITION t! 6 PARK IMPROVEMENTS - pg. 3 5 700,000.00 Status: Projected Actual Remaining BRIDGES Topsoil 5 2,000.00 5 1,375.00 5 625.00 Sprinkler System 6,000.00 5,333.00 667.00 Reseed 1,500.00 -0- 1,500.00 Fencing 2,000.00 1,60#.37 395.63 Lights/Ballfield 52,000.00 -0- 52,000.00 & Tennis Courts Drainage 2,000.00 -0- 2,000.00 Parking Lot 3~g00.00 -0- 3~g00.00 569,300.00 $ 8,312.37 $ 60,987.63 KEYS & NEWTON Water Tap $ 500.00 -0- $ 500.00 Grading/Seed 2~000.00 -0- 2~000.00 $ 2,500.00 -0- $ 2,500.00 NORTH COLONY COMPLEX Parking Lot * 5 5,000.00 5 5,399.38 5399.38] Backstop/Fencing 3,000.00 4,280.00 [1,280.00] Soil Tests -0- 1,180.00 [1,180.00] Bleachers 3,200.00 -0- 3,200.00 · Fencing -0- 2,771.15 [2,771.15] Sprinkler System 15,000.00 7,22&00 7,774.00 Drainage 5,000.00 -0- 5,000.00 Lights 69,000.00 -0- 69,000.00 Hydromulch 3~000.00 -0- 3~000.00 5103,200.00 5 20,856.53 5 82,343.4.7 · Not included in original projection ~Fencing was needed because backstop was smaller than original, needed to extend baseline fence and dugout. PROPOSITION # 6 PARK IMPROVEMENTS --P-g~-# $ 700,__00.00 " Status: P~rojected~ Actual Remaining OTHER PARKS & EXPENSES Bond Sale -0- $ 6,976.26 [6,976.26] Engineering "-0- 17,396.35 [I 7,396.35] Hydromulch Machine -0- 13,808.00 [13,808.00] Other Parks -0- 4,230.00 [ 4,230.00] Bond Fund Unassigned $ 131,310.00 -0- Turner Drainage 131,310.00 (Bid overage) [ 33~975.00] _[33~975.00] $ 97,335.00 $42,410.61 $ 50,924.39