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HomeMy WebLinkAbout02/06/1989 City Council oosf?i MINUTES OF THE CITY COUNCIL MEETING HELD ON FEBRUARY 6, 1989 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. on the 6th day of February, 1989 at City Hall with the following Council roll call: Don Amick, Mayor Present Rick Harris, Mayor Pro-tem Present Johnny Spears, Councilman Present Noretta Sipe, Councilman Present Steve Glazener, Councilman Present Dick Weaver, Councilman Present Joel Marks, Councilman Present and with seven present, a quorum was established and the following items were addressed. Bob van Til, Administrative Staff Planner sat in for City Manager Bill Hall in his absence. 1. 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. 2. CITIZEN INPUT There was no citizen input at this meeting. 3. RECEIVE PRESENTATION FROM LAURIE MANNING REGARDING THE RECOMMENDATION OF THE STREET NAME COMMITTEE; DON AMICK, RICK HARRIS, JOHNNY SPEARS, LAURIE MANNING AND SHERRY SCHUYLER, TO NAME SIX STREETS IN NORTHPOINTE PHASE II, SUBDIVISION AS FOLLOWS: LONGO DRIVE POOLE DRIVE DEE COLE DRIVE CARROLL DRIVE WALDEN DRIVE FOX DRIVE Councilman Harris gave the presentation due to the illness of Mrs. Manning, stating that several alternatives were considered by the committee and then read a prepared statement which cited the reasons for choosing the above names. "Bill Lon~o - was one of the early residents of The Colony and was appointed in April 1978 to fill the unexpired term of Mayor. Mr. Longo went on to run for Place 1 on the City Council and was elected, serving a full two year term. In 1981 Mr. Longo ran and was elected to serve on the Board of Directors of The Colony Municipal Utility District, remaining on that Board until the dissolution of the District in 1986. Mr. Longo was a very important part of our city's early history and development of The Colony. Marlene Poole - has been a resident of The Colony since 1980 and in April of 1982 was elected to Place 6 of the City Council, remaining in that position until April 1988, thus becoming the longest sitting member of Council to date. Mrs. Poole has been a major contributor to the future and development of The Colony as we know it today, and is an active member of Republic Women's Club and Beta Sigma Phi Sorority. She was instrumental in founding the new St. Peter's by the Lake Episcopal Church and the Order of Eastern Star. Dee Cole - moved to The Colony in September 1977, becoming immediately active in the City. Mrs. Cole is an active member of Republic Women's Club, Beta Sigma Phi Sorority, and served on the Park and Recreation Board from 1984 to 1988 and was a member of 0 03i - the Housing Finance Corporation from 1982 to 1986. In 1983, Dee was elected as Citizen of the Year due to her volunteer spirit and willingness to help important causes in our city. She and her husband Monte have moved to Florida and we will always appreciate her constant support of the City of The Colony. Janice Carroll - was appointed as City Secretary on July 18, 1977, becoming the City's first fulltime, paid employee. Mrs. Carroll served the city until July 1987 and during her tenure not only acted as City Secretary, but City Manager and Assistant City Manager. She was a dedicated employe and as such was a major contributor to the city's development. Ron Walden - In late 1972, Mr. Walden as Land Acquisition manager for Fox & Jacobs, Inc., began a search for 500 plus acres of raw land north of Carrollton. He decided on the are now known as The Colony made the recommendation to the company. Mr. Walden acting on behalf of Fox & Jacobs applied for permission to form the Municipal Utility District and attended every Board meeting from 1974 to 1983 as a representative of F & J. He also acted as the F & J liaison to the original homeowners association. Dave Fox - As we all know, without this man, The Colony would never have existed. Mr. Fox was owner of Fox & Jacobs back in 1972 when Mr. Walden came forthwith the suggestion to build on some 3300 acres, north of Carrollton. Today, this development is a thriving, active, growing city. We citizens appreciate those early beginnings. Councilman Harris, at this time, moved to approve the six names as presented and Councilman spears seconded the motion. Councilman Marks asked if both first and last names will be used. Mayor Amick said only in the case of Dee Cole Drive. Councilman Marks asked what the standards were to choose the names and the Mayor said the decision is based on the person's contributions to the city. Councilman Weaver said he thought the people had to have served a full term on the Council. Mayor Amick said that had been a suggestion earlier but was never made a policy. At this time, the motion carried with a unanimous roll call vote. 4. CONSIDERATION OF APPROVAL OF FINAL PLAT FOR NORTHPOINTE PHASE II AS PRESENTED BY CENTEX REAL ESTATE CORPORATION Councilman Marks moved to approve the final plat with two exceptions: the elimination, closing of Alley J and the opening of Twitty Street into Street D. Councilman Weaver seconded the motion. Mayor Amick asked what those changes would accomplish. Councilman Marks said Twitty Street can handle 1000 cars a day and by closing it people will be forced into alleys. Councilman Marks said he knew that people on Twitty Street were considered originally, but what about the people who will be in the Northpointe Addition. He went on to ask if it was considered how they would enter and exit into the rest of the City, and stated that the fact that on Taylor and N. Colony, the traffic study said there would be time delays because of the entrance and exit from Twitty onto Taylor, but after reading it, the delays, morning and evening would be less than one second per car at that intersection of Taylor and N. Colony. Councilman Marks said everything he had looked over, although he wasn't involved in the original process, just in the audience, everything indicates that Twitty Street should have been opened before as originally planned. Councilman Harris said this was studied a long time and it was determined that opening the street would disrupt an existing neighborhood, and that people who bought on Twitty bought in that area as is and people who will buy in Northpointe will buy as it is, stating that if Twitty is opened the traffic impact at Taylor and N. Colony will probably be heavier sooner and will cause a need for a signal light at that intersection sooner than had been planned. Councilman Harris said if the concern is really for traffic in alleys, perhaps there should be no alleys in this section. He went on to say that he doesn't think having Twitty opened or closed will have a major impact on traffic in the alleys. 003:!.9 Councilman Weaver said Hal Jones, traffic engineer had recommended opening Twitty and so did Planning and Zoning and then the Council changed and voted against it. Councilman Harris said that is correct. Councilman Marks said in reference to disrupting existing neighborhoods, that he could remember how upset the residents of Wynnewood were at the proposed development and that the Council did not seem to have a problem with that. Mayor Amick said that what the Councilman did not realize is that the street that parallels that development is only half the size it is supposed to be and that when the area is developed the street will be wider. The Mayor went on to say that on the issue of Twitty St., yes P & Z recommended the opening because F & J brought it to them that way and the Council did change it, which is the Council's prerogative. Mayor Amick said he voted against the opening at that time and that he will vote against it again because Twitty is a small residential street and just because we have made mistakes in the past, putting through traffic on small residential streets, he does not want to make those same mistakes again. Councilman Marks stated that on June 1, 1987, when this was voted on before, Mayor Amick asked for a consensus regarding the opening or closing of Twitty Street, in which Mayor Amick and Councilman Bradley voted to open the street. Mayor Amick said if he did that then he stood corrected but did say that vote was an error and that he will vote to close the street this time. Councilman Weaver asked again if the traffic engineer recommended to open the street. Mayor Amick said yes, but there have been other things recommended by the traffic engineer that Council has not agreed with. Councilman Marks said it seemed to him that all the recommendations that came to the Council were to keep the street open. Mayor Amick agreed. Councilman Harris stated that he would venture to say that if F & J had come to P & Z originally with the street closed then P & Z's recommendation to Council would have been to close the street. Councilman Marks said that is hearsay. Mayor Amick said that is an opinion, not hearsay. Councilman Harris said that is my opinion based on the past. Mayor Amick said all decisions are based on opinions. Councilman Weaver said that normally the city hires consultants because they have a more studied view on projects, not to dispute them. Mayor Amick said the purpose of a traffic study is to tell us if that street will handle the proposed traffic flow, not to give their opinion on whether it is a good thing to do. Mayor Amick said he sees this as a residential street and people who move into that area will have no further to travel to get out of that area than he does to get out of his development. Councilman Weaver disagreed. Councilman Harris said he assumed since this is Councilman Marks' district that his (Marks) statements are based on the fact that he had gone to Twitty Street and talked with some of the residents. Councilman Marks said no, that what has happened is that when he studied this whole proposal and went back in the history of this thing, he found that all recommendations by all the traffic people, P & Z and everybody else were to keep the street open because it was necessary at that time. Councilman Harris said so it's not based on what the citizens that live there want. Councilman Marks said what about the people who will live there in the future. Mayor Amick said they will buy knowing how the traffic flows. Councilman Marks said to get back to the facts and said he wondered if anything was ever discussed regarding the St. Louis Railroad track, wondering if there had ever been a de-railment, noting that had been brought up when the duplexes were being built. Councilman Marks went on to say the biggest problem he sees is the fact that if Twitty Street is open, noting that the people on Twitty are concerned with the alley, they want to wait until the last minute to open it so traffic will not go through it. Councilman Harris said the alley already exists. Councilman Marks said Alley J will cause the problem. Mayor Amick said then that alley needs to be closed. Councilman Marks said why not close the alley that comes out onto Turner St. too. Mayor Amick 003!9'i disagreed. Councilman Marks said Alley J was put there as an alternative because Twitty St. was asked to be closed. Councilman Harris said no one living in Northpointe has complained about that alley. Mayor Amick said it is obvious that you (Marks) are opposed to Twitty St. as presented. Councilman Marks said after looking at all the recommendations, if he had been on the Council when this first came up, and had gone down a straight line, without veering off on either side. Mayor Amick said we are not here to second guess other Councils, it is our function to address what is before us tonight and vote on it accordingly, going on to say we should not second guess P & Z or other Councils. Councilman Marks said he was not second guessing P & Z, that he is mainly concerned about what Council decisions were. Councilman Glazener asked if the fire and police had checked the access for emergency vehicles. Councilman Harris said yes, they had. Councilman Marks asked if originally when Twitty was to be open it was O.K. Councilman Harris said with Twitty closed it was O.K. Councilman Spears said he remembers how upset P & Z was when the Council voted against their recommendation and that this time, P & Z was not allowed to change. Mayor Amick said that P & Z does not have the authority to change a Council decision. Councilman Spears said he did not want to change just to be changing but if there were good solid reasons he would like to know about them. Mayor Amick said that this is the final plat and that the preliminary plat had gone to P & Z and then to Council. The Mayor said the final plat is an exercise to insure that the plat meets the original concepts as approved through the preliminary plat process. Councilman Harris said that previously the Twitty St. residents had been adamantly opposed to the opening of that street. There followed a lengthy discussion regarding through traffic on Twitty. Councilman Marks asked why Baker St. had not been closed, noting it is a small street and is very heavily traveled. Mayor Amick said just because streets were opened in the past, those mistakes should not be repeated, noting that one mistake had been on Curry Drive and now parking has been limited to one side. Mayor Amick clarified the motion, to approve the plat with Twitty Street open and Alley J. eliminated. Councilman Spears asked about the impact this would have on F & J. Steve Stolte, representing F & J said they would lose one lot, and put in another street, stating the actual impact monetarily would be minimal. Mr. Stolte said F & J has no preference, they just want to get the development through and that they do not want to get in the middle of this issue of opening or closing of this street. Councilman Harris stated that since this recommendation from Councilman Marks was not from P & Z, the developer or residents it must be something the Councilman had put together himself. Councilman Marks said he had done his homework on this and was in the audience when it passed originally and did not like the way it passed. Councilman Marks said he checked with the city, developer, and P & Z and found all the recommendations were to open the street, noting he did not know the reason it was closed. He went on to say that after he looked at all that he felt the street should be open and the alley closed, stating that would keep children out of the alley, which would be very dangerous for them. Mayor Amick asked if the way this was previously handled by Council his major concern and not the feelings of the citizens. Councilman Marks said it was not. Councilman Harris suggested that if this passes as Councilman Marks motion reads, that citizens be allowed to have input into this. Mayor Amick said if it passes tonight as proposed, then the final plat is approved and it will stand, noting that an issue cannot be brought back to the Council for 6 months, unless four or more Councilmembers request that in writing. 0O319o At this time the vote was taken with the following results: Harris - No, Spears - Aye, Sipe - Aye, Glazener - No, Weaver- Aye, Marks - Aye. 5. CONSIDERATION OF APPROVAL OF FINAL PLAT FOR THE COLONY NO. 28, PHASE III, LOCATED ON N. COLONY BLVD. BETWEEN NEWTON AND MELROY DRIVES. Councilman Harris moved to approve the plat as presented and Councilman Spears seconded the motion. Councilman Marks asked how deep the center of the curve is from N. Colony. Bob van Til stated 110'. Councilman Harris asked about the proposed name of Newton Court, stating there is a Newton St. Steve Stolte said it is common to name a Court when it is in close proximity to the main street of the same name. Councilman Harris said usually the court is off the main street and this is off N. Colony. After a brief discussion there was a consensus to name the street something other than Newton Court. At this time, the motion carried with a unanimous roll call vote. Mayor Amick called for a recess at 8:15 p.m. Mayor Amick reconvened the meeting at 8:55 p.m. 6. PUBLIC HEARING CONTINUED FROM NOVEMBER 21, 1988, TO DISCUSS THE ADOPTION OF A CAPITAL IMPROVEMENTS PLAN AND TO DISCUSS THE IMPOSITION OF IMPACT FEES PURSUANT TO LEGISLATION RELATING TO FINANCING OF CAPITAL IMPROVEMENTS BY POLITICAL SUBDIVISION Councilman Harris moved to open the Public Hearing and Councilman Spears seconded the motion, which carried with all members voting Aye. Bob van Til went over the two major needs, being overhead storage and wastewater and gave the breakdown of the fees. (see attachment "A") Councilman Spears moved to close the Public Hearing and Councilman Harris seconded the motion which carried with all members voting Aye. 7. REVIEW OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS BY PROVIDING REGULATIONS TO FUND NECESSARY MUNICIPAL IMPROVEMENTS BY IMPOSING IMPACT FEES AND ADOPTING A CAPITAL IMPROVEMENTS PLAN Mayor Amick read the caption: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS BY PROVIDING REGULATIONS TO FUND NECESSARY MUNICIPAL IMPROVEMENTS BY IMPOSING IMPACT FEES, PROVIDING FOR DEFINITIONS IN RELATIONSHIP TO THE IMPOSITION OF IMPACT FEES, CONTAINING A POLICY OF THE CITY IN RELATION TO IMPACT FEES, PROVIDING FOR THE COLLECTION OF IMPACT FEES, RESTRICTING THE USE OF IMPACT FEES, REQUIRING REFUNDS OF IMPACT FEES, ADOPTING A CAPITAL IMPROVEMENTS PLAN; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING A GENERAL PENALTY FOR VIOLATIONS. Mayor Amick stated this is for review only. There were no questions and he directed the City Secretary to place this on the next agenda for action. 8. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF ONE ANIMAL CONTROL TRUCK FOR THE POLICE DEPARTMENT Mayor Amick said the recommendation from Chief Ristagno is Ted Arendale Ford. There were no questions or comments. Councilman Glazener moved to accept the bids and award to Ted Arendale Ford in the amount of $12,334.00. Councilman Marks seconded the motion which carried with a unanimous roll call vote. £ 0319 9. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF A COMPUTER SYSTEM FOR MUNICIPAL COURT Councilman Marks asked the budget on this and Brenda Mosley, Court Clerk said she had budgeted $15,000.00. Councilman Harris asked if we were locked into the software maintenance agreement now. Ms. Mosley said the price does include that maintenance. Councilman Harris said typically the maintenance starts in the 2nd year. Councilman Spears agreed but said that is not always the case. After a brief discussion Councilman Spears moved to accept the bids and award to Municipal Systems, Inc. in the amount of $13,760.00 for the purchase of the computer system only, not including the software maintenance. Councilman Harris asked if this company met the specs and Ms. Mosley said they did. Ron Hewitt with Municipal Systems, Inc. was present and said that he has no idea what the other company was bidding but that this system is a multi user P.C. solution for 3 users. Mayor Amick asked who would be using this system, and Brenda said she and two other clerks. Mayor Amick asked what the cost would be to bid a system for 5 users and Mr. Hewitt said about 4 - 5 thousand dollars more. At this time, the motion carried with a unanimous roll call vote. Councilman Spears then moved to approve the purchase of the software maintenance in the amount of $780.00 and Councilman Harris seconded the motion which carried with a unanimous roll call vote. 10. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE INSTALLATION OF ATHLETIC FIELD LIGHTING AT TURNER STREET PARK Sylvia Brantley explained that the alternate is to install 2 lights instead of just one. Mayor Amick asked why only one pole. Councilman Harris said the Soccer Association had asked for this light so the young kinds could play in the evening. Mayor AMick said he thought they wanted it consistent with the complex. Councilman Harris said no they wanted to go with this plan. Ms. Brantley said the added pole with one light will light one additional field. Mayor AMick asked if 2 lights could allow older kids to play on that field and Ms. Brantley said no only the under 8 and under 6. Councilman Harris said if we have the money why not light the field to the west. Ms. Brantley said the association wants to use this particular field. Mayor Amick asked Gary Birdsong, the project consultant, if one light will light the field for safe play. Mr. Birdsong said it will but not as well as two lights would, going on to say that the field would be much more playable with two lights, although one light would satisfy the request from the association. Councilman Marks asked how long this would take and Ms. Brantley said hopefully this would be done by March 15, weather permitting. Councilman Harris moved to accept the bids and award the bid to Dean Electric in the amount of $17,220.00 including the alternate and Councilman Spears seconded the motion. Councilman Harris did ask Ms. Brantley to double check with the Soccer Association to be sure this field is the one they want lighted. Mr. Birdsong said it could be changed with no problem and no more money. All Council agreed if the association wanted it changed they would not object. 11. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE RENOVATION OF FIRE STATION NUMBER ONE Fire Chief Van Morrison introduced architect Art Phelps to answer questions. Councilman Harris asked how much under budget the project had come in and Mr. Phelps said he did not know how much the City had budgeted but the project came in at $240,480.00. Chief Morrison said that was $24,000.00 under budget. Councilman Marks asked if the sprinkler was standard. Chief Morrison said according to the Building Code any building over 10,000 square foot should be sprinkled. Councilman Harris asked if the low bidder had been investigated. Mr. Phelps said they have checked the background and references and have found no 0033.9 bad recommendations. Councilman Weaver moved to accept the bids and award to Songer Construction in the amount of $240,480.00. Councilman Harris asked when the start date would be and Mr. Phelps said February 13, 1989, construction time would be 150 days allowing for 30 days extension for bad weather, with an estimated completion date of July 12, 1989. Councilman Marks asked if they planned to put up fencing during construction and Mr. Phelps said there was no plan for that and that there should not be a problem. Mayor Amick asked Tommy Turner to monitor that situation. The motion then carried with a unanimous roll call vote. 12. CONSENT AGENDA Mayor Amick summarized the items on the Consent Agenda for the audience and Council. A. CONSIDERATION OF AN ORDINANCE APPROVING A CONTRACT FOR THE PURCHASE OF ONE ANIMAL CONTROL TRUCK FOR THE POLICE DEPARTMENT Councilman Harris moved to approve the ordinance and Councilman Spears seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF AN ORDINANCE APPROVING A CONTRACT FOR THE PURCHASE OF A COMPUTER SYSTEM FOR MUNICIPAL COURT Councilman Harris moved to approve the ordinance and Councilman Spears seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF AN ORDINANCE APPROVING A CONTRACT FOR THE INSTALLATION OF ATHLETIC FIELD LIGHTING AT TURNER STREET PARK Councilman Harris moved to approve the ordinance and Councilman Spears seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF AN ORDINANCE APPROVING A CONTRACT FOR THE RENOVATION OF FIRE STATION NUMBER ONE Councilman Harris moved to approve the ordinance and Councilman Spears seconded the motion which carried with a unanimous roll call vote. E. CONSIDERATION OF THE RENEWAL OF A CONTRACT WITH TOMMY TUNKS FOR THE OPERATION OF A MINIATURE GOLF COURSE AT BRIDGES PARK Councilman Harris moved to approve the contract and Councilman Spears seconded the motion which carried with a unanimous roll call vote. F. CONSIDERATION OF AN AMENDMENT TO RESOLUTION 88-29 AUTHORIZING SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF COMMERCE Councilman Harris moved to approve the amendment and Councilman Spears seconded the motion which carried with a unanimous roll call vote. 13. RECEIVE REPORT FROM STAFF PLANNER REGARDING STATE GRANT Bob van Til stated the grant application for sewer improvements in the Eastvale area had been submitted, stating that he, Mr. Hall and Councilman Weaver had gone to C.O.G. to make an appeal for approval and now we just have to wait. Councilman Harris asked if we could make an impact by contacting Austin. Mr. Van Til said he believes now the work will be done at a staff level and the awards will be made by 003 , points, noting that we do have some stiff competition. With no further business Councilman Harris moved to adjourn the meeting and Councilman Spears seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 9:40 p.m. APPROVED: Don~mick~ ~a~or ATTEST: ~i~~A.~ ~ic/ks~,' City Secretary [SEAL]