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HomeMy WebLinkAbout12/01/1986 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON DECEMBER 1, 1986 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:00 ptm~'~gn~De~emb~l, 1986 at City Hall, with the following Council Roll Call: Don Amick Mayor, Present Rick Harris Mayor Pro-tem, Present Tom Arrambide Councilman, Present David W. Dye, III Councilman, Present Steve Glazener Councilman, Present Harvey Bradley Councilman, Present Marlene Poole Councilman, Present and with seven members a quorum was established and the following items were addressed: 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2G, REGARDING PERSONNEL, TO WIT: A. INTERVIEW FOR BOARDS UPOn reconvening in Open Session and with no action to be taken in regard to the Closed Door Session, the Council addressed the following items: 2. PLEDGE OF ALLEGIANCE Mayor Amick led the Council and the audience in the Pledge of Allegiance to the flag of the United States of America. 4. PRESENTATION OF A CERTIFICATE OF APPRECIATION TO MR. CLIFFORD ORME Mayor Amick read the certificate and congratulated Mr. Orme on serving on the Park and Recreation Board 4 years and as Chairman as 3½ years of the 4. 3. CITIZEN INPUT Don Amick stated that the sidewalk in front of the shopping center at the northwest corner of North Colony Blvd. and FM 423 is open again and asked that Eric Stanton, Building Official be sure it is always open or an alternate route is provided, since that is the way children walk to school at Stewarts Creek Elementary and that sidewalk is designated in the Safe School Routes established by Council. 5. RECEIVE REPORT FROM STEVE WITHERS REPRESENTING THE CHAMBER OF COMMERCE Mr. Withers representing the Chamber of Commerce spoke to the Council regarding promotional material for the City, and handed out brochures from surrounding cities. Mr. Withers then showed the brochure The Colony is currently using, stating that a more colorful and interesting brochure would be helpful in trying to bring in businesses to The Colony. Mr. Withers said the Chamber of Commerce acting as the Public Relations arm of the City and using resident expertise could put together an eight page brochure (9" x12") with color for $3.00 complete., for 5000 brochures, stating that it is more expensive to prepare less than 5000. Mr. Withers propsed a joint City/Chamber committee to investigate this Mayor Amick asked how long it would take and could it wait until spring when the buildings are complete and the grass is green. Mr. Withers said it would be better to wait but tonight would like a feel for whether the Council is even interested in pursuing this. Councilman Dye asked how this would be used. Mr. Withers said in response to phone and mail inquiries about the City. Mayor Amick said he is very interested and all the Council agreed. The Mayor said he would appoint a committee and get back to Mr. Withers. 6. RECEIVE REPORT FROM MARTY TERRY REGARDING THE EAS CASE FOR THE COLONY BEFORE PUBLIC UTILITIES COMMISSION Mr. Bill Hall introduced Ms. Marty Terry and Mr. Charlie Land representing The Colony in the EAS case before the P.U.C. Mr. Land, an engineer said this case dates back to 1975 and then gave some background of the case. Mr. Land said that a schedule had been received from South Western Bell stating that they had been ordered to conduct a study for EAS service to The Colony. Mr. Mr. Land said the study would take 460 days for mandatory and optional service to the City and then a hearing would be held shortly after the study for the final decision. Mr. Land then said it would be approximately 18 months after the order for South Western Bell to get the service implemented. Ms. Terry, an attorney said the Bell or the PUC is excited about EAS but that rules are being changed that may help our effort. Ms. Terry said that strictly Manadatory rates are lower and that the study time is shorter for mandatory. Ms. Terry said however the other cities in this exchange are in favor of going with mandatory and optional and if The Colony so chooses they can break away from the other cities and go alone for mandatory service. She warned though that the PUC frowns on breaking away from the exchange and The Colony could wind up in yet another court battle, would probably lose and end up on the bottom of the list of 50 citieswaitingfor EAS service. Ms. Terry recommended going with mandatory and optional service and stated that the Council would need to make a decision right away regarding that. Ms. Terry said that The Colony would have to provdie notice to Dallas metroplex cities of the intent to acquire EAS and that The Colony has to provide alt customers in the Frisco exchange of their intent. She did say that The~lony could contract with Southwestern Bell to provide the notices for a cost of $2000.00. There followed a lengthy discussion regarding the service, length of time it would take and political pressure. Ms. Terry did say that it would not hurt to visit with the legislature Mayor Amick asked for a Council Concensus regarding the type of service the City should ask for. The Council all agreed the City should ask for mandatory and optional. 9. RECEIVE A REPORT REGARDING THE EXTENSION OF PAIGE ROAD (PLANO PKWY.) FROM HENRY BILLINGLS[EY. Mr. Henry Billingsley gave the background of the road and the progress being made so far, stating the only problem now was with Mr. Ed Jordan, from whom he (Billingsley) had purchased the land and at the time of purchase an agree- ment was made the road would be allowed to go through. Mr. Billingsley said he had been working with attorneys for about 4 months to work out his problem and pointed out that it could take from 6 months to 2 years to settle. Mr. Billingsley said if the City condemo~d the property, it might save time, stating that the construction from beginning to finish would be 4 - 6 months. Mayor Amick asked if the only hold up now is Jordan and the I.B.M. tract. Mr. Biltingsley said yes and Jordan is in court and I.B.M. has dedicated the right of way. Mr. Billingsley said he offered to buy a small piece of the IBM property at the cost of road construction and thought that would work out. Mayor Amick said that in July 1986,1the Council had passed a resolution which allowed for condemnation of the Jordan tract, stating this was done due to information the Council had indicating that Mr. Jordan would not allow the road to go through. Mayor Amick said the Council felt the road to be an important asset to The Colony and that may be necessary to do. Mayor Amick asked Mr. Billingsley how long he thought the court case with Mr. Jordan would take and Mr. Billingsley said he really didn't know, stating if it was a summary judgement maybe 3 -4 weeks but if a trial perhaps 6 - 7 months. Mayor Amick said if the City goes ahead with condemnation, there would be costs involved and that he understands it is not unusual to condemn and asked Mr. Billingsley if those costs were assesed to the land owner (Billingsley) would he be opposed to paying them. Mr. Billingsley said no and that is standard for the developer to do so. Mr. Billingsley said the cost of the land is spell.ed out in the papers as $40,000 per acre which he was going to pay anyway. Mayor Amick said that since time is of the essence, the Council needs to get this done and this road is essential to The Colony, therefore he (the Mayor) directed the City Manager to proceed with condemnation procedures, using a law firm that specializes in this type of action, stating perh~os Joe Ge~aghtys firm could handle this. Mayor Amick also directed Mr. Hall to get with our City Attorney to draw up an agreement regarding the assessment of costs and report back to the Council on December 15, 1986. 7. CONSENT AGENDA Mayor Amick summarized the items on the consent Agenda. Councilman Harris asked that item B be removed for discussion. A. CONSIDERATION OF THE APPROVAL OF MINUTES OF THE CITY COUNCIL MEETINGS HELD ON NOVEMBER 3, 10, 11, 12, AND 17, 1986. Councilman Poole moved to approve the mintues as written, and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF LEASING CITY LAND TO MR. JOHN MITCHELL Councilman Harris said he was concerned about what would happen to adjoining property and thinks a notice should be sent to all neighbors. Mr. Hall pointed out this particular tract on a plat (4301 Queen Circle) and stated that this tract is different due to the alley and easement around it. Mr. Hall did say that 4 neighbors have been contacted and had no problem and that there would be problems reaching other irregular land for maintenance Councilman Harris moved to approve the lease and Councilman Poole seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS IN THE CITY OF THE COLONY, DENTON COUNTY, TEXAS Councilman Poole moved to approve the Ordinance as written and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF AN INTERLOCAL AGREEMENT WITH DENTON COUNTY REGARDING THE LIBRARY FUNDING Councilman Poole moved to approve the agreement as written and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. At this time, Mayor Amick called item #1 back to the table. 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2E, REGARDING LITIGATION, TO WIT: B. PENDING LITIGATION WITH OLSON CONSTRUCTION COMPANY After reconvening in open session, Mayor Amick~addressed the following item. 8. CONSIDERATION OF ACCEPTANCE AND APPROVAL OF CONTRACT SETTLEMENT WITH OLSON CONSTRUCTION COMPANY. Councilman Harris moved to accept the settlement as presented by Counsel and staff and Councilman Poole seconded the motion which carried with a unanimous roll call vote. With no further business to address Councilman Harris moved to adjourn the meeting and Councilman Dye seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 10:30 p.m. APPROVED: Don -Am ~or ATTEST: P.~../~...F..H.~i~.Ci i~y Secretary