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HomeMy WebLinkAbout06/06/1988 City Council 002970 MINUTES OF THE CITY COUNCIL MEETING HELD ON ....... JUNE 6, 1988 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. on the 6th day of June, 1988 at City Hall with following Council roll call: Don Amick, Mayor Present Rick Harris,Mayor Pro-tem Present Johnny Spears,Councilman Present Michael Robinson,Councilman Present Steve Glazener,Councilman Present Dick Weaver,Councilman Present Joel Marks,Councilman Present and with seven members present 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: INTERVIEW FOR PLANNING AND ZONING COMMISSION Upon convening in open 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 3. CITIZEN INPUT There was no Citizen Input at this meeting. 16. CONSIDERATION OF A REQUEST FROM THE FRIENDS OF THE LIBRARY TO USE THE CITY LOGO IN THE DESIGN OF THE 1988 CHRISTMAS ORNAMENT Councilman Harris moved to approve the use of the logo by the Friends of the Library and Councilman Weaver seconded the motion. Joan Sveinsson, Library Director, showed the Council and audience a sample of the 1988 ornament. The motion carried with a unanimous roll call vote. Mayor Amick asked the Council if they wished to pull item 8F from the Consent Agenda while Joan was still present. They did not. 17. MAYORAL PROCLAMATION, DECLARING THE FRIENDS OF THE LIBRARY'S SECOND ANNUAL LIMITED EDITION COMMEMORATIVE CHRISTMAS ORNAMENT AS THE OFFICIAL 1988 CHRISTMAS ORNAMENT FOR THE CITY OF THE COLONY Mayor Amick read the following Proclamation in it's entirety. WHEREAS, The Colony Public Library is an integral part of the educational, informational, and recreational life of The Colony; and WHEREAS, the Friends of The Colony Public Library have been instrumental in increasing public awareness of and raising funds for this Library; and WHEREAS, the Friends of The Colony Public Library are celebrating their seventh year of service to the Library and community, NOW, THEREFORE, I, Don Amick, Mayor of the City of The Colony, Texas, do proclaim the Friends of the Library's First Annual Limited Edition Commemorative Christmas 002980 Ornament as the official 1987 Christmas Ornament of The Colony. SIGNED AND SEALED this 6th day of June, 1988. (s)Don Amick,Mayor ATTEST: (s)Patti A. Hicks, City Secretary Second Annual Limited Edition Ornament No. Ms. Sveinsson stated that Ornament No. 1 would again be donated to the City. 18. APPOINTMENT OF A STEERING COMMITTEE FOR THE STUDY OF EXTENDED AREA SERVICE TO THE DALLAS METRO CALLING AREA Mayor Amick said over the years the process of obtaining EAS for The Colony has been up and down, stating that The Colony is scheduled on the PUC docket in fall 1988 and he feels it is necessary to appoint a steering committee to ensure that this process is complete. Mayor Amick appointed Councilman Steve Glazener, Councilman Rick Harris, Carol Chabinak-Ball, Carroll Howard and Ron Scroggins to serve on this committee. A meeting was tentatively scheduled for Thursday, June 9, at 7:00 p.m. at City Hall. Mayor Amick said that at the meeting, he and Bill Hall would present all the materials available on the EAS case and the committee will then decide exactly what steps to take before the hearing. The Mayor directed the committee to choose a chairman at the first meeting. 9. CONSIDERATION OF THE APPOINTMENT OF MEMBERS TO THE PLANNING AND ZONING COMMISSION Mayor Amick opened the floor to nominations. Councilman Harris moved to appoint Roy Marin to a two year term and to re-appoint Robert Doss to a two year term. Councilman Marks seconded the motion which carried with all members voting Aye. 10. CONSIDERATION OF RENOVATION OF FIRE STATION NO. ONE WITH BOND FUNDS Councilman Harris acted as spokesman for the committee, which was comprised of himself, Councilman Spears and Councilman Robinson, stating that they had met with Chief Morrison, Captain Wallace and Bill Hall to discuss the use of the bonds funds allocated to build a third fire station on Blair Oaks across from the High School. Chief Morrison has presented a proposal to renovate the old Red Barn Fire Station on Blair Oaks for use as Station One and to make some minor changes at Station Two. Councilman Harris said this proposal will save money and he believes will be sufficient for that portion of the city. Mayor Amick asked if the response to SH 121 calls, with the Business Park development be adequate. Chief Morrison said that the Station will be at 4900 Blair Oaks and that is a good location for responding to 121 and even down to Plano Parkway when it develops. Mayor Amick said that when the bond issue passed, it had been thought the old station could be used as an arts center. Councilman Harris said the committee felt the newly renovated Civic Center would serve that purpose and that this would be a much better use for the building, preserving an historical landmark in the City. Councilman Marks asked if these figures are bids. Councilman Harris stated these are just budgetary estimates, used for presentation to Council, noting that these figures 00298z include a new ambulance. Councilman Weaver asked if the committee feels these numbers are close to accurate and Councilman Harris said yes. Councilman Marks asked if the parking is to be located across the street and Chief Morrison said no, the parking proposed is to be located between the existing building and Avery Drive. Councilman Glaze99ri~sked if there is a time schedule. Bill Hall said that ~h~ S~ate Board of Insurance had recently completed an inspection and the report had stated the need of the second station right away. Councilman Marks asked what changes would be made at Station Two. The Chief said a ceiling would be installed, the cracks in the walls repaired and new floor tile. Mayor Amick requested this item be tabled until the next regular session because this had been a bond issue and he wants to give the public time to respond to this idea. Councilman Harris moved to table this item until the June 20, 1988 meeting and Councilman Glazener seconded the motion which carried with all members voting Aye. 19. APPOINTMENT OF AN ATTORNEY FOR REPRESENTATION OF THE CITY OF THE COLONY IN THE REQUEST FOR EXTENDED AREA SERVICE TO THE DALLAS METRO CALLING AREA Bill Hall explained the reason for hiring a new attorney, stating that he had received a letter from Mason Terry, in which he stated the attorney previously handling The Colony case had left their firm and that he did not feel qualified to take over. Mr. Hall said that Mr. Kiever had come highly recommended and that he had visited with him. At this time, Mr. Andy Kiever addressed the Council, stating he is with the firm of Biggerstaff, Heath, and Smiley of Austin, noting the specialty of the firm is public law and that his specialty is utility law. Mr. Kiever went on to say he had worked extensively before the PUC, and has represented the cities of Rockwall and Allen in their cases for EAS. Mr. Kiever said The Colony has struggled longer than any city in the state and longer than they should have to, going on to say he is very optimistic after the Allen case, that The Colony can get a flat rate for EAS. Mr. Kiever said he is looking forward to representing The Colony. Councilman Weaver asked if he had any idea of the cost to the city for the use of his firm, and Mr. Kiever said that really depends on the phone company and how long they drag out the proceedings. Councilman Harris asked the rate difference for optional and mandatory. Mr. Kiever said Rockwall went with optional and the rate is $19.00 over current residential service and that Allen's mandatory rate is just under $10.00 over current residential service. There fo]lowed a general discussion of the process of voting for service once the PUC hearing is over and EAS has passed. Mr. Kiever said at least 70% of the subscribers will need to vote. Carroll Howard asked when the vote is taken. Mr. Kiever said it occurs after the PUC has approved the rate. At this time, Councilman Harris moved to appoint Mr. Kiever and councilman Spears seconded the motion, which carried with the following vote: Harris - Aye, Spears - Aye, Robinson - Aye, Glazener - Aye, Weaver - No,. Marks - Aye, Amick - Aye. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 12 RELATING TO UTILITIES BY AMENDING SECTION 10 OF THE WATER AND SEWER CODE WITH RELATION TO RE-CONNECT FEES Mayor Amick read the caption as follows: 00298z AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 12 RELATING TO UTILITIES BY AMENDING SECTION 10 OF THE WATER AND SEWER CODE AS ADOPTED BY ORDINANCE NO. 449 ON THE 29TH DAY OF SEPTEMBER, 1986; PROVIDING AN ENFORCEMENT CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Mayor Amick explained the increase is from $10.00 to $20.00 for reconnecting water service, once it has been turned off for non-payment of the bill. Councilman Spears moved to approve the ordinance as written, and Councilman Robinson seconded the motion. Councilman Glazener noted the ordinance says this is during normal business hours and asked if no're-connects would be done after hours. Mr. Hall said yes, but with an additional $10.00 fee, which is already established in the code. Councilman Marks asked if it is felt this will help to alleviate the economical problem of delinquent accounts by adding more cost to the bill. Mr. Hall said no that is not the intent, going on to say that there have been several times when customers have made the comment it is easier to pay the $10.00 extra than to get the bill paid on time. Councilman Marks asked about hardship cases and Mr. Hall said that a time payment plan can be set up for those people who let us know they will be having a problem. At this time, the motion carried with a unanimous roll call vote. 14. CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CREDIT MANAGEMENT, INC. FOR THE COLLECTION OF DELINQUENT WATER ACCOUNTS. Bill Hall referred to his memo in the Council packet, and stated that historically there has been a problem with delinquent customer moving out of the city while the accounts are past due. Mr. Hall said in the past the city has written off 17-18 thousand dollars because we were unable to pursue collection. Mr. Hall said he had met with Credit Management, Inc. (CMI), checked their references, and felt very confident of positive results, going on to say the firm takes 30% of the amount collected as their fee. Councilman Spears moved to approve the contract and Councilman Glazener seconded the motion. Councilman Weaver noted that Item # 11 of the contract states "in accordance with the laws of New York State". Councilman Spears said that can be changed to the laws of the State of Texas if necessary. Mayor Amick directed the City Manager to check on that before signing the contract. Councilman Marks asked if Mr. Hall was familiar with the collection tactics and Mr. Hall said this firm comes highly recommended by Mayor Amick and that he has checked their resume, background, etc. Councilman Marks asked if the contract is for one year and Mr. Hall replied it is. At this time, the motion carried with a unanimous roll call vote, with the exception of Mayor Amick who abstained, stating that because he recommended the firm, he felt it inappropriate to vote, even though he has no financial interest, the firm does handle the collections for his company. 13. CONSIDERATION OF AN AGREEMENT WITH CENTEX REAL ESTATE CORPORATION REGARDING TAXES Bill Hall stated this is similar to an agreement the City has had with IBM the past two years, stating the IBM property is zoned agricultural, making the taxes lower, however IBM agreed to specify certain properties to be assessed at Fair Market Value to give the City an increase 00298, in tax income. The proposed agreement with Centex is the same type of agreement. Councilman Harris moved to approve the agreement, and Councilman Spears seconded the motion. Councilman Weaver asked if this is approving how the money will be spenti~ Mayor Amick said no, this is only an agreement regarding how the money will be paid. The motion carried with a unanimous roll call vote. 12. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY AMENDING THE CODE OF ORDINANCES BY CREATING NEW SINGLE MEMBER GEOGRAPHICAL ELECTION DISTRICTS Mayor Amick asked for a motion to approve with one modification, in Place 6. The Mayor stated due to a misunderstanding, Place 6 had been drawn to exclude Councilman Marks' residence and that it needs to be re-drawn to include that area. After a brief discussion it was decided the line should go south in the easement, at its intersection with N. Colony to the southern most alley of Phelps Drive and then eastward to Morning Star Drive, then north to N. Colony again. Councilman Harris moved to approve the ordinance with the amendment and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. Mayor Amick directed the City Secretary to get this information published in all media of the City. 11. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN OPTION AGREEMENT WITH RESORT MANAGEMENT INCORPORATED WITH REGARD TO A GOLF COURSE TO BE LOCATED AT WYNNEWOOD PENINSULA Councilman Harris stated that another opportunity to have a golf course in The Colony as presented itself and that the company has asked for a 120 day option agreement. Mayor Amick said we have looked at numerous proposals and that in this situation the Corps and the developer will be the controlling forces in what occurs. Mayor Amick read the Resolution in its entirety: WHEREAS, Resort Management Incorporated has committed to develop a golf course on Wynnewood Peninsula; and WHEREAS, the City of The Colony does support the development of a golf course, through the private sector, on Wynnewood Peninsula; and WHEREAS, Resort Management Incorporated has requested a formal commitment from the City of The Colony, in order to pursue financing for such a development: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: That the City of The Colony supports Resort Management Incorporated in the development of a golf course on Wynnewood Peninsula and does authorize the City Manager to enter into an option agreement with Resort Management Incorporated for a period of one hundred twenty (120) days, for the purpose of making financial arrangements. PASSED AND APPROVED this 6th day of June , 1988. (s)Don Amick, Mayor ATTEST: (s)Patti A. Hicks, City Secretary Councilman Harris moved to approve the Resolution as written, and Councilman Spears seconded the motion which carried with a unanimous roll call vote. 00298 ], 4. PUBLIC HEARING ON APPLICATION OF CENTEX REAL ESTATE CORPORATION REQUESTING A CHANGE OF ZONING ON THE BELOW DESCRIBED PROPERTY PRESENTLY ZONED AS NEIGHBORHOOD SERVICES TO A SINGLE FAMILY 4 CLASSIFICATION NORTHEAST CORNER OF ETHRIDGE DRIVE AND NORTH COLONY BLVD. Councilman Glazener moved to open the Public Hearing, and Councilman Robinson seconded the motion which carried with all members voting Aye. Bob van Til explained the background on this case, stating that it is a 7 lot development, which had been previously zoned for neighborhood services, and after a land exchange with Lakeway Baptist Church (to be located on the same block) Centex felt Single Family-r would be a better use for the property. Mr. van Til stated that P & Z has recommended approval. Steve Stolte with Centex Realty, 679 Sumatra, Irving, stated that there is 3 acres at the corner of N. Colony and Ethridge and Lakeway Baptist had approached Centex for use of the land. Lakeway Baptist owned some of the parcel and needed access from Ethridge to their property. Mr. Stolte said that after review, Centex and Lakeway agreed to the land exchange, with no cash involved. There were no questions from Council. Councilman Harris said he is pleased to see Centex being a good neighbor. Councilman Spears moved to close the public hearing and Councilman Robinson seconded the motion which carried with all members voting Aye. 5. CONSIDERATION OF THE APPROVAL OF FINAL PLAT OF 1.403 ACRES DESCRIBED BELOW, AS PRESENTED BY CENTEX REAL ESTATE CORPORATION NORTHEAST CORNER OF ETHRIDGE DRIVE AND NORTH COLONY BLVD. There were no questions or comments. Councilman Glazener moved to approve the plat as presented, and Councilman Harris seconded the motion which carried with a unanimous roll call vote. 7. CONSIDERATION OF THE APPROVAL OF FINAL PLAT AND SITE PLAN AS PRESENTED BY LAKEWAY BAPTIST CHURCH TO BE LOCATED AT 4000 NORTH COLONY BLVD. There were no questions. Councilman Glazener moved to approve the plat as presented, and Councilman Weaver seconded the motion which carried with a unanimous roll call vote. Councilman Weaver said he attended the P & Z meeting when this was presented and there were no problems. Councilman Glazener officially welcomed Lakeway Baptist to The Colony. 6. CONSIDERATION OF RE-PLAT OF 7.031 ACRES DESCRIBED BELOW, AS PRESENTED BY CENTEX REAL ESTATE CORPORATION EAST SIDE OF F.M. 423 SOUTH OF SOUTH COLONY BLVD. Mr. Bob van Til referenced the copy of the plat, which was included in Council packets, stating that Centex requested the re-plat to better identify property ownership of the pad sites. Mr. van Til said it was previously known as the 7.031 subdivision and now it will be known as South Colony Retail Center, thus the re-plat is necessary, noting it will be a better management tool. Truman Edminster, 7950 Elmbrook, Dallas, stated this is a housekeeping measure for Centex, now that 4 lots in that area have been sold, going on to say that the lot lines can now be drawn and defined to help out the City, County, and tax department. Ken Wood asked if anymore streets would be put in the area. Mayor Amick replied no. Councilman Weaver moved to approve the re-plat as presented, and Councilman Marks seconded the motion which carried with a unanimous roll call vote. 8. CONSENT AGENDA Mayor Amick summarized the items on the Consent Agenda. A. CONSIDERATION OF THE APPROVAL OF MINUTES FROM THE CITY COUNCIL MEETINGS HELD ON MAY 16 AND 23, 1988 Councilmen Robinson and Spears abstained from the 23 meeting. Councilman G]azener moved to approve the minutes as written, and Councilman Harris seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY AMENDING THE CODE OF ORDINANCES BY GRANTING A ZONING CHANGE ON A 1.403 ACRE TRACT OF LAND, DESCRIBED BELOW, CURRENTLY ZONED NEIGHBORHOOD SERVICES TO A SINGLE FAMILY 4 CLASSIFICATION NORTHEAST CORNER OF ETHRIDGE DR. AND NORTH COLONY BLVD. Councilman Glazener moved to approve the ordinance as written, and Councilman Harris seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY AMENDING THE CODE OF ORDINANCES RELATING TO WEEDS Councilman Glazener moved to approve the ordinance as written, and Councilman Harris seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO WAIVE THE ENTRANCE FEES TO STEWARTS CREEK FOR THE 7TH ANNUAL CHILI COOK-OFF TO BE HELD JUNE 18, 1988 AND ANY SUBSEQUENT EVENTS AT HIS DISCRETION Councilman Glazener asked if this type of request will be kept at the City Manager level from now on and the Mayor said it would. Councilman Glazener moved to approve the authorization, and Councilman Harris seconded the motion which carried with a unanimous roll call vote. E. CONSIDERATION OF AUTHORIZING THE EXPENDITURE OF PARK BOND FUNDS IN THE AMOUNT OF $1000.00 FOR PLAYGROUND EQUIPMENT AT SCOUT PARK (NOTE: This item should have been posted "for obstacle course, instead of playground equipment.) Councilman Spears said he is in favor of the course being installed but there is no plan and he would like to see this item sent back to the Park and Recreation Board for a drawing. Councilman Harris agreed and wondered why the Board had not taken formal action. Sylvia Brantley said the original master plan for the Adopt-a-Park program called for equipment in the park and she had merely written a memo to Mr. Hall for permission to change the expenditure to the obstacle course. Mayor Amick noted that he is concerned and doesn't want this to become a Scout Camp site. Sylvia Brantley stated they have been told, "no camping". Councilman Spears asked if the various organizations pay for equipment, with city approval and Ms. Brantley said yes. Councilman Spears moved to refer this item to the Park and Recreation Board, and Councilman Weaver seconded the motion which carried with a unanimous roll call vote. 002 8 F. CONSIDERATION OF AUTHORIZING THE EXPENDITURE OF DENTON COUNTY LIBRARY FUNDING Councilman Glazener moved to approve the expenditure and Councilman Harris seconded the motion which carried with a unanimous roll call vote. G. ~ONSIDERATION OF ESTABLISHING A POLICY REGARDING THE RENTAL OF PORTABLE RESTROOMS FO~ SPECIAL EVENTS Councilman Glazener moved to approve the policy as presented, and Councilman Harris seconded the motion which carried with a unanimous roll call vote. H. CONSIDERATION OF ESTABLISHING A HOLIDAY SCHEDULE FOR THE RECREATION CENTER Councilman Glazener moved to approve the schedule as presented, and Councilman Harris seconded the motion which carried with a unanimous roll call vote. 20. CITY MANAGER'S REPORT Mr. Hall stated he had nothing to report. Mayor Amick then directed the City Secretary to plan a joint work session with the Council and the Planning and Zoning Commission to discuss liquor sales in the City, the Master Plan and anything else the P & Z wishes to discuss. The Mayor also stated the last item should be a work session for Council to discuss tax abatement. Mayor Amick reminded the Council of the Retreat on June 11, 1988. With no further business to address, Councilman Spears move to adjourn the meeting, and Councilman Harris seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 9:10 p.m. Don MayG~v ~ ATTEST: ~.'-~ti A. ~.~_~, City Secretary /