HomeMy WebLinkAbout05/03/1982 City Council 001142
MINUTES OF THE CITY COUNCIL
OF THE
CITY OF THE COLONY HELD ON
MAY 3, 1982
A REGULAR SESSION of the City Council of the City of The Colony,
Texas, was called to order at 7:30 p.m. at the CATV Building with the
following members present:
Gene Pollard Mayor
Scott North Councilman
Larry Sample Councilman
Norman Adeler Councilman
Charlie Parker Councilman
Charles Dodds Councilman
Marlene Poole Councilman
and with no members absent; thus, a quorum was established.
1. APPROVAL OF MINUTES
Councilman Parker moved to approve the minutes of the Special Session
held on April 13th, 1982, the Regular Session held on April 19th and the
Special Session held on April 26th. Seconded by Councilman North, the
motion was passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
2. CITY MANAGER'S STATUS REPORT
Mr. Savage reminded the Council that the Texas Municipal League did have
scheduled a conference for Mayors and Councilmen the first weekend of
June, and asked that the Council advise staff if they did plan to attend,
so that reservations could be made.
He stated that the retreat plans were being made for May 22nd and, on
May 23rd, from 1 until 6 p.m. He did ask for clarification regarding the
boards that should be present. Councilman Dodds answered that he thought
representatives from each City board, as well as MUD and Fox & Jacobs,
should be present.
He advised the Council that the Rabies Clinic was conducted by The Colony
Police Department Saturday and was a success. He stated that the clinic
registered over 200 pets.
Mr. Savage brought the Council up to date regarding the newstand situation
in The Colony. He stated that the Dallas Times Herald did have an attorney
contact the City advising us that we were prohibiting their Constitutional
rights. He stated that the attorney advised him to prepare an ordinance
regulating newspaper stands but not to prohibit them completely from all
right of ways.
The air conditioning work is completed in City Hall, Mr. Savage told the
Council.
Mr. Forrest, of the Municipal Utility District, has prepared a draft agreement
on the Certificate of Conversion and Need, and this has been mailed to
Frisco but, at this time, they have not received a response, Mr. Savage
stated.
He told the Council that the modular home was near completion and that,
in speaking with representatives of Fox & Jacobs at their sales office,
he was advised that seven homes had been sold this past weekend.
Councilman North stated that since he was actively involved in the newspaper
question, he would like to assist in the preparation of this ordinance regulating
where they are placed.
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Mayor Pollard stated that, although this was not an agenda item, he would
like to take a moment at this meeting to present a Certificate of Appreciation
and Honorary Citizen Award to Jerry Mussey. Mr. Pollard stated that
Jerry Mussey, a resident of Carrollton, had contributed greatly to many
of the Park and Recreation programs presented in The Colony. He said
that he had cooked at five of the chili cookoffs in The Colony as well as
the Fourth of July. He was Uncle Sam also at the Fourth of July celebration
and has helped out in numerous other events. Mr. Mussey stated that
he did admire The Colony and the spirit that it had, however, he must
say that he was doing this for a good friend, Rick Herold, Director of
the Parks and Recreation Department, who also donated much of his time
to the athletic teams in the City of Carrollton.
3. CITIZEN INPUT
Mayor Pollard recognized Mrs. Helen Gray. Mrs. Gray stated that it was
her opinion that the old General fire truck should stay at the fire station
and not be given to the volunteer firemen to be used for ceremonial services.
She was also concerned that now the North Colony station serves all of
the area south of South Colony Boulevard. She felt like the North Colony
station was built because there was a definite need for two stations in
The Colony.
4. CONSIDERATION OF APPOINTMENT OF POLICE RESERVES
Mayor Pollard reviewed the memorandum per Chief Nick Ristagno regarding
these appointments. He stated that Section 4 of City Ordinance No. 203,
establishing a police reserve force, requires that a police reserve be approved
by the City Council prior to carrying a weapon or otherwise acting as
a peace officer. After this approval, he may carry a weapon only when
authorized by the Chief of Police and when discharging official duties as
a duly constituted peace officer. Chief Ristagno then requested that the
City Council approve the following-named reservists for appointments:
Andy Longo, Robert Gill, John Whitley, Debra Cunningham, Skip Cole,
Paul Krajcovic, Dwight Martin, Patti Jones. He stated in his memorandum
that all of the above-mentioned reservists are in full compliance with all
provisions of Ordinance No. 203. It was also noted by Mayor Pollard that
Andy Longo was the valedictorian of the class, and Skip Cole was the
salutatorian out of a class of 21 students. After further discussion, Council-
man North moved to approve the appointment of the above-mentioned reservists
as requested by Chief N. C. Ristagno. Seconded by Councilman Sample,
the motion was passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
5. CONSIDERATION OF RESOLUTION ESTABLISHING "NATIONAL POLICE
WEEK" MAY 9-15
Present for this agenda item were Chief N. C. Ristagno, Lieutenant Mike
Carroll and other members of The Colony police force. At this time, Mayor
Pollard read aloud the following resolution:
WHEREAS, the Congress of the United States of America has designated
the week of May 15th to be dedicated as "National Police Week" and May
15th of each year to be "Police Memorial Day" and
WHEREAS, the law enforcement officers are our guardian of life and
property, defenders of the individual right to be free men, warriors in
the war against crime and dedicated to the preservation of life, liberty
and the pursuit of happiness, and
WHEREAS, the City of The Colony desires to honor the valor, service
and dedication of its own police officers.
WE THEREFORE PROCLAIM THE WEEK OF MAY 9-15 TO BE POLICE
WEEK and call upon all our citizens in this community to especially honor
and sh~w our sincere appreciation for the police officers of this city by
deed, remark and attitude. I call upon all our citizens to make every
effort to express their thanks to our men who make it possible for us to
leave our homes and family in safety each day and to return to our homes
knowing they are protected by men willing to sacrifice their lives, if necessary,
to guard our loved ones, property and government against all who would
violate the law.
001145
Signed this day of May, at the City of The Colony, State of
Texas, in the witness thereof the seal and signatures of the city are affixed.
/s/ GENE POLLARD, MAYOR
ATTEST:
/s/ JANICE CARROLL, CITY SECRETARY
Councilman Dodds moved to approve this resolution which does establish
May 9-15 as National Police Week in The Colony. This motion was seconded
by Councilman North. Councilman North also at this time took a moment
to compliment the fine Police Department and their various programs that
they have initiated in the City of The Colony. He personally felt that
the paid police officers always were willing to go above the call of duty,
and he saluted them. Mayor Pollard then called for a vote on the motion
on the floor. The motion carried by the following roll call vote:
Ayes: All members present voted aye
Noes: None
6. CONSIDERATION OF TRINITY PRESBYTERIAN CHURCH SITE PLAN
Mr. I. R. Bradburry, Director of Community Development, did present
the site plan to the Council for their review. He stated that The Colony
Planning and Zoning Commission approved the site plan of Trinity Presby-
terian Church at their meeting held on April 27, 1982. He advised the
Council that the site plan does meet the parking requirements, building
set backs, and does have a fire hydrant located within 300 feet of the
structure. He further advised the Council that Roy Bingham of the Muni-
cipal Utility District has reviewed and approved the site plan also. Mr.
Wayne Quinney and Dr. Ronald Salfen, pastor of Trinity Presbyterian Church,
were both present to answer any questions that the Council might have.
Primarily, the Council was concerned with adequate sidewalks for children
in this area. Mr. Quinney stated that the sidewalks will be expanded as
the building is expanded. Mr. Savage noted that it is their intention to
begin construction as soon as possible. Mr. Quinney assured the Council
that they would be beginning in the near future. Councilman North advised
the Council that the structure would be of a brick veneer finish. At this
time, there being no further discussion, Councilman Parker moved to approve
the site plan for Trinity Presbyterian Church to be located on the southeast
corner of FM 423 and Nash Drive. Seconded by Councilman Poole, the
motion was passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
7. CONSIDERATION OF REQUEST FROM THE COLONY SOCCER ASSOCIATION
FOR THE USE OF A FIELD STORAGE BUILDING
Mr. Vern Lang, President of The Colony Youth Soccer Association, was
present. He advised the Council that the Park and Recreation Board had
approved the placement of a portable building at the North Colony Complex.
He stated that the building would be approximately eight by twelve feet
and would be used for the storage of chalk, markers, nets and other soccer
equipment. A location has not been determined at this time, although
he told the Council that it would be set on skids and patio stones and
can be moved if necessary if it is in the way of any future fields. Council-
man Parker moved at this time to approve the location of a portable storage
building on the North Colony Complex by The Colony Youth Soccer Associa-
tion. This motion was seconded by Councilman Dodds. Prior to voting,
Councilman Adeler asked for a clarification of the type of building. Mr.
Lang stated that it would be an eight by twelve-foot building with wood
flooring, masonite siding and metal corrugated roof. Councilman Sample
asked if any of the various athletic groups had discussed combining and
utilizing the same building. Mr. Lang agreed that this would be an ideal
situation, however, there is a problem in the location of the fields. The
Council also was concerned with security for this structure, and Councilman
Dodds asked if a key to this storage building would be provided to the
City. Mr. Lang stated that it certainly would be given to the Park and
Recreation Department. Mayor Pollard was concerned regarding the payment
for electricity to that area. Mr. Lang advised that the electricity had
not been run to this area at this time and that no cost had been discussed
with the utility company. Mr. Savage, City Manager, asked if this building
could possibly be moved to the Turner Street Park complex this fall. Mr.
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Lang stated that it would depend on the amount of storage that they might have
at Turner Street Park in the concession stand area, however, if it is needed,
it could certainly be moved to that park complex. There being no further
discussion, Mayor Pollard called for a vote on the motion on the floor.
The motion passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
8. CONSIDERATION OF INCENTIVE PROGRAM FOR THE COLONY VOLUNTEER
FIREMEN
Fire Chief Ronnie Gothard was present to present this Incentive Program
for the Council to review. He stated that the City presently has a very
effective group of volunteer firemen and, presently, the City sponsors
free Cokes for the volunteers. However, Chief Gothard stated that he
felt a more substantial method of compensating the volunteers for their
hours of service to the community could be initiated. He then presented
to the Council the following program:
Member Enters Department: Issued pager, bunker clothing
Completes 18-Hour Introductory Course: Promoted to firefighter and
issued uniform shirt
Driver I/EC^: Issued Fire Department patch
Driver II/EMT: Issued Fire Department badge
Driver/Engineer: Issued Fire Department collar brass and epaulets
Lieutenant: Issued uniform pants, collar brass and epaulets
Captain: Issued uniform pants, collar brass and epaulets
District Chief: Issued uniform pants, collar brass and epaulets
Assistant Chief: Issued uniform pants, collar brass and epaulets
He told the Council that the ranks have been established as well as the
criteria to achieve these ranks. He told the Council that $2,650 has been
budgeted for Cokes for this fiscal year and, at this time, $1,297 of that
amount has been spent. He stated that at this time, although he did not
have the exact cost, he did not anticipate this Incentive Program going
over $1,800. Chief Gothard stated he did review this Incentive Program
with the volunteers on February 23, 1982, and the volunteers did seem
to support it, and he has received no negative feedback from any of the
volunteers. At this time, Councilman Poole stated that she personally felt
the backbone of The Colony's growth were our volunteers in all areas and
that all volunteers needed recognition; therefore, she would like to move
at this time to initiate programs to recognize all volunteers. This motion
was seconded by Councilman North. There followed discussion. Councilman
Adeler felt that we should honor all outstanding employees also. Councilman
North asked that Chief Gothard look into a different system for the dispensing
of soft drinks. He suggested that a dispenser could possibly eliminate
abuse of the program. Also, a 14-ounce soft drink would cost the City
approximately three cents. Councilman Dodds thought that perhaps tokens
to be distributed to only the volunteers would eliminate the abuse of the
program. He also stated he had a personal problem with approving this
Incentive Program without additional cost figures. At this time, Chief
Gothard did go over the estimated cost for the uniforms, badges, collar
brass and epaulets. He stated that based on these estimated costs and
a 35-member volunteer force, he was anticipating the maximum cost to be
$1,810. After a brief discussion of methods of budgeting these items and
actual costs, Councilman Dodds then moved to table this agenda item until
complete costs could be presented to the Council. Seconded by Councilman
North, the motion was passed by the following roll call vote:
Ayes: Councilmen North, Sample, Adeler, Dodds and Mayor Pollard
Noes: Councilmen Parker and Poole
Mayor Pollard then called for a five- minute recess.
9. DISPOSITION OF OLD GENERAL FIRE TRUCK
Mr. Savage stated that the 1950 General fire truck has been inoperative
for some time. Presently, the radiator and muffler are in need of repairs,
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however, because of the age of the vehicle and the difficulty of finding
parts, the General has been taken out of service. Mr. Savage stated that
at the last City Council meeting, the question of giving the General to
The Colony Volunteer Fire Department was raised. Based on the Council's
request, Mr. Savage did review the issue with the city attorney. Rob
Dillard, attorney for the city, suggested the best way to handle disposi-
tion of the General, stated Mr. Savage, is to formally transfer the responsi-
bility for the operation and maintenance of the vehicle to the volunteers
but retain title and insurance on the vehicle. He based his suggestion
on the fact that the Volunteer Fire Department is an arm of the city and
that the city is ultimately responsible for the volunteer operations, explained
Mr. Savage. At this time, Mr. Savage outlined the following recommendations
to the Council:
1. The volunteers should assume full responsibility for the cost of
operating and maintaining the General.
2. The volunteers should operate the vehicle in accordance with guide-
lines established by Fire Chief Ronnie Gothard. The General should
be used strictly for ceremonial purposes and not emergency or training
purposes.
3. The General should continue to be housed at Station No. 2.
4. The General should be insured by the City for ceremonial use.
5. If, in the future, the volunteers no longer desire to operate and
maintain the vehicle, the City Council shall decide disposition of the
vehicle.
There followed a brief discussion regarding the old General. It was suggested
by the Council that the staff look into insurance for the vehicle under
an antique rating rather than as a commercial truck or fire truck. At
this time, Councilman Dodds moved to approve the disposition of the old
General fire truck as recommended by Mr. Savage, City Manager, in the
five above-mentioned points. Seconded by Councilman Parker, the motion
was passed by the following roll call vote:
Ayes: Councilmen Sample, Parker, Dodds, Poole Mayor Pollard
Noes: Councilmen North and Adeler
10. CONSIDERATION OF RESOLUTION COMMENDING THE EFFORTS OF
THE COLONY JAYCEES FOR THEIR WORK IN PARIS, TEXAS
Mayor Pollard recognized members of The Colony Jaycees that were present,
and then read aloud the following resolution:
WHEREAS, the Jaycees believe that faith in God gives meaning and
purpose to human life and the brotherhood of man transcends the sovereignty
of nations, and
WHEREAS, the Jaycees also believe that service to humanity is the
best work of life, and
WHEREAS, the Jaycees is an organization of 400,000 men between
the ages of 18 and 36 that are dedicated to building a better tomorrow
today to meet the needs of their communities.
NOW THEREFORE be it resolved by the City Council of the City of
The Colony, Texas:
That The Colony Jaycees be commended for their active support of
the Paris Jaycees in their relief efforts after the tornado which struck
and devastated a portion of the City of Paris on April 2, 1982, by on the
scene clean up projects and sponsoring a clothing and furniture drive in
The Colony.
SIGNED THIS DAY OF , 1982.
/s/ GENE POLLARD, MAYOR
ATTEST:
/s/ JANICE CARROLL, CITY SECRETARY
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Councilman North moved to approve this resolution. The motion was seconded
by Councilman Sample. Prior to voting, Councilman Parker stated that
Beverly and Jerry Wise did assist the Jaycees in obtaining a truck from
Fox & Jacobs for the use in transporting necessities to the Paris, Texas
area. He requested that a letter of thanks be written to the Wises for
their efforts. The Council concurred. Mayor Pollard then called for a
vote on the motion on the floor. The motion was carried by the following
roll call vote:
Ayes: All members present voted aye
Noes: None
11. CONSIDERATION OF LIONS CLUB PARK MASTER PLAN AND PARK
IMPROVEMENTS
Mr. Cliff Orme and Mr. Roger Lewis, representatives of The Colony Lions
Club, presented the map shown on Page 7 (Exhibit A) to the Council for
their consideration. Mr. Orme did note that the map does outline the pro-
jects that are under construction and those that are proposed or future
construction. He stated that the Lions Head water fountain will be installed
within the next two weeks. Mr. Herold, Director of Parks and Recreation,
stated that the entire master plan has not been presented to the Parks
and Recreation Board for their review at this time, and he would like for
this to come before their meeting scheduled for Wednesday, May 12, 1982.'
After review, Councilman Sample moved to approve this plan as presented
to the Council. This motion was seconded by Councilman Dodds. The
motion was passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
12. STATUS REPORT FROM THE GOALS COMMITTEE
Mr. Charles Hammons, Vice Chairman of The Colony Goals Committee, was
present to present this report to the Council. He stated that the first
step was self education. He stated that the Goals Committee received pre-
sentations from Neal Jones of the Zales Corporation on goal setting, Dick
Mathis of SMU regarding urban sociology, Bob Wegner of UTA on planning
and zoning, Tom Forrest from The Colony Municipal Utility District and
Ron Walden from Fox & Jacobs, Inc. Mr. Hammons gave special thanks
to Dan Savage, City Manager, for his continued guidance to the group.
The second aspect of the Goals Committee was to receive citizen input.
He stated that at an early point in the process, the Committee felt it was
important to give a sense of ownership to the citizens and to capture citizens'
concerns before they began the complicated goal formulations. He stated
,,
that on February 20, 1982, they did a "man-on-the-street survey in front
of Winn Dixie with a very simple questionnaire. This gave them input
to continue on their goal setting task. The goal formulation is their third
and most important area. They have done their work by an informal analysis
of the survey data received. They have categorized the areas of most
concern; those being citizen awareness, city services/utilities, commercial/
retail development, growth, industry, parks and recreation, transportation.
He advised also that in the far future, education is another concern men-
tioned by citizens. In their report to the Council, they do plan on presenting
a general goals statement and, under that, outlining long-term goals which
should be accomplished within two to five years, as well as short-term
goals, which should be accomplished from zero to two years. The Committee
will provide the Council with backup information on this recommendation.
Currently, Mr. Hammons stated that they are in process of completing
the draft of the goal document. This goal document will be presented
in a Public Hearing on May 19th. A final report will be presented to the
Council at their June 7th meeting. Councilman Sample asked why the Public
Hearing will be held before the document is presented to the Council.
Mr. Hammons explained that this is a citizen document, and the Goals Committee
would be looking for proper representation of the citizens. This Public
Hearing would also give the citizens a sense of ownership of this document.
He added that he did not expect a great deal of changes to come from
this Public Hearing but, if necessary, they could be made prior to the final
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document presentation to the Council on June 7th. The Council all expressed
concern that they should have a copy of the document prior to the May
19th Public Hearing. Mr. Hammons stated that they would have one. Council-
man Poole was also concerned regarding publicity for the Public Hearing.
Mr. Hammons said it would be publicized even if he had to pay for it from
his own personal funds. Mayor Pollard stated that he would be present
at the May 19th Public Hearing.
13. CONSIDERATION OF ACCEPTING AND AUTHORIZATION OF CITY MANAGER
TO SIGN CORPS OF ENGINEERS LICENSE NO. DACW63-3-82-0719, STEWARTS
CREEK PARK, LAKE LEWISVILLE, TEXAS
Mr. Savage advised the Council that this was a one-year license. Councilman
Dodds then moved to defer discussion of this item until after Agenda Item
No. 14. Seconded by Councilman Parker, the motion was passed by the
following roll call vote:
Ayes: All members present voted aye
Noes: None
14. RECEIVE REPORT ON STEWARTS CREEK PARK
Mr. Rick Herold, Director of Parks and Recreation, told the Council that
the May 1st clean up of Stewarts Creek Park was an outstanding day. He
estimated that 100-125 people attended, and the average person worked at
least five hours. At the end of the day when the free barbeque was provided,
there was a very positive feeling of accomplishment. He stated that he would
like to give special thanks to Fox & Jacobs, Texas Waste Management, the
Lions Club, the Jaycees, Frito-Lay, The Colony Bank, the Boy Scouts,
the Girl Scouts, and all citizen volunteers. Councilman Parker wanted it
noted that the Boy Scout group that participated was an Eastvale Boy Scout
group, which shows that this park is of interest to many people in this
area. Mr. Herold noted that May 15th is scheduled to be a second work
day in the park. There followed a lengthy discussion regarding the cost
to operate the park and the administration of a park fee. Mr. Herold presen-
ted the following cost breakdown to the Council:
Mowing (General): Mowing from tree line to tree line. Approximately
40 acres--Cost -0-, donated by Fox & Jacobs, A1
Jeremias, Area Sales Manager.
Mowing (Fine): Around picnic tables and beach areas. In-house
and donations. Cost $200.00
Insurance: As required by the United States Corps of Engineers
as per the lease. Cost $800.00
Electricity: To run pump, security lights. Cost $1,000.00
Restroom Service: The price quoted reflects a bid from Mitch Cole,
of M & M Cleaning of The Colony. Would include
all chemicals, tissues and pumping. Could use
alternate possibility. Cost $4,320.00
Trash Pick Up: Service provided by Texas Waste Management.
(Two times a week dumping.) Cost $900.00
Printing: For fee stickers, miscellaneous forms, registration
information. Cost $400.00
Manpower: One person during summer (14 weeks, between
8:00 a.m. and 5:00 p.m.) Cost $4.00 plus FICA,
seven days a week - $3,340.00
Volunteer: The Girl Scouts of America have pledged their continued
support of the project throughout the summer.
Other people have also pledged support on a continuing
basis. Cost -0-
Maintenance: For broken lights, fixtures, miscellaneous repairs.
Cost $1,000.00
Total Costs: $11,960.00
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Mr. Herold told the Council that the volunteer help he felt sure would continue
throughout the year, which could possibly hold some of these costs down.
Councilman Sample asked if it would be possible to have volunteers back
up the one paid employee during the summer hours. Rick Hero]d agreed
that possibly a volunteer could provide some backup to the paid employee.
There followed a lengthy discussion regarding fee control in the park. The
Council was in agreement that an employee should be in the park for at
least 12 hours during summer operations. At this time, Councilman Parker
stated that it was the viewpoint of the Park and Recreation Director, as
well as himself, that this is a family park, and it could possibly be self-
sustaining if a fee was charged; however, he was concerned that the lease
contract does not allow for a fee structure at this time. He further stated
that fees should not be collected at the park but at points within the city.
He also felt that the caretaker and the security employee should not be the
same person. Although he was in favor of a fee, he felt that the primary
enforcement of this should be the honor system. Councilman North stated
that an exact procedure for this fee schedule should be devised and brought
back to the Council at the next meeting. He requested that a fee be estab-
lished, and a decision be made on the type of permit that should be issued.
The option of an honor box and a security gate, as well as the locations
where these permits shall be sold should also be determined prior to next
week's.meeting. Mayor Pollard said he felt this should be on the next meeting
if the Council agreed. It was a consensus of the Council that an ordinance
establishing a fee schedule should be reviewed at the May 10th Council meeting.
Councilman Parker stated that this must be acted upon soon, as this informa-
tion must be given to the Corps of Engineers for their approval.
13. CONSIDERATION OF ACCEPTING AND AUTHORIZATION OF CITY MANAGER
TO SIGN CORPS OF ENGINEERS LICENSE NO. DACW63-3-82-0719, STEWARTS
CREEK PARK, LAKE LEWISVILLE, TEXAS
Mayor Pollard noted that they were returning to this agenda item after receiving
the report regarding Stewarts Creek Park. Councilman Dodds then moved
to authorize the City Manager to enter into this license agreement with the
Corps of Engineers. This motion was seconded by Councilman Adeler.
Councilman North stated that he was concerned that Section No. 10 does
not give the local police any jurisdiction within the park. Mr. Savage stated
that he had discussed this in a conference call with Rob Dillard and the
Chief of Police, and the attorney is also concerned that we have no authority
in the park. An alternate solution could possibly be an agreement with
Denton County. There followed a discussion of annexation of the park.
Mayor Pollard stated that he did have a meeting with Mr. McKean of the
Lewisville office of the Corps of Engineers, and he was advised that we
could annex property into the lake area. Based on this, Mayor Pollard recom-
mended that we start the annexation proceedings, and that we enter into
a contract with Denton County for interim enforcement in the area. Mr.
Savage further advised the Council that we will have the legal of Stewarts
Creek Park by the end of this week. It was pointed out by Councilman
Parker that this will not interfere with the County's resurfacing of Stewarts
Creek Road into the area. There being no further discussion, Mayor Pollard
called for a vote on the motion on the floor. The motion passed by the following
roll call vote:
Ayes: All members present voted aye
Noes: None
Mayor Pollard then called for a five-minute recess.
15. CONSIDERATION OF RELEASING UNIVERSAL HEALTH SERVICES BOND
FOR APPLICATION FOR CERTIFICATE OF NEED
Mayor Pollard read aloud the following memorandum from Mr. Savage, City
Manager:
"Bill Grinwis with Universal Health Services has advised me that his corporation
has filed its appication for a certificate of need with the regional Health
Systems agency and the Texas Health Facilities Commission. Universal Health
Services posted a $10,000 escrow deposit with the City to guarantee its inten-
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tion of applying for the certificate of need. By filing its application, Universal
Services has met its commitment. Mr. Grinwis has asked that the City release
the $10,000 escrow deposit.
"I recommend that the City Council approve the release of this $10,000 to
Universal Health Systems."
At this time, Mayor Pollard advised the Council that a deficiency letter has
been issued from the state. Mr. Savage further advised the Council that
this is a very common step in the course of events after a certificate of need
has been applied for at the state level. After a brief discussion, Councilman
Parker moved to table the release of the $10,000 to Universal Health Systems
until the deficiency is corrected with the certificate of need. His motion
was seconded by Councilman Sample. Mr. Savage stated that presently Mr.
Grinwis was in the hospital, but he would be notified by letter of the Coun-
cil's action. Mayor Pollard then called for a vote on the motion on the floor.
The motion passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
16. REVIEW DRAFT OF MINIMUM HOUSING CODE
Mayor Pollard stated that he had talked with the Council, and the Council
is in agreement that they will discuss this minimum housing code on an indivi-
dual basis with Mr. Bradburry or Mr. Savage during the following week.
17. DISCUSSION OF AGENDA PROCEDURE
Janice Carroll, City Secretary, recommended that the Council consider two
deadlines, one being finalizing of the agenda and the other being the completing
of the packet for the Council, as well as the posting of the agenda. She
explained that preparation time from a staff perspective always takes much
longer than predicted, and she recommended that the deadline for having
items placed on the agenda be at least two days before the posting/packet
deadline. She stated that it was her personal opinion that having the agenda
and packet completed one week prior to the meeting would create some delays
in taking action on some business items, however, if the Council concurred
with a one-week plan, the staff could certainly handle the procedure. She
did add that these thoughts are based on having only two regular meetings
a month. She also stated that the resolution passed on November 4, 1981,
identified the positions that are authorized to place items on the agenda,
and that she did agree with the authority of those persons to do this, however,
she did personally feel that one person should be in charge of the administra-
tion of each agenda and that traditionally this has been the mayor. There
followed a very lengthy discussion regarding the agenda deadline, how items
are placed on the agenda by Council as well as citizens and the final authority
on the agenda. It was agreed by the Council that the deadline for placing
items on the agenda would be Tuesday at noon and that the deadline for
posting and the packet would be Wednesday at 5 p.m. It was also agreed
that packets and agendas for special sessions would not be due until Friday
at 5 p.m. The Council then discussed at length the ability of citizens to
place items on the agenda as outlined in Resolution 81-8. Councilman North
noted that Resolution 81-22 supersedes Resolution 81-8. However, it was
noted that not all areas of Resolution 81-8 are addressed in Resolution 81-22.
Councilman Sample noted that in Section 2, Items b. through e. of Resolution
81-8, a good definition of citizen input procedure was provided, and he
requested that this be included in a new procedure resolution. It was concurred
that the Mayor or a Council member, the City Manager and the City Secretary
may place things on the agenda. A citizen may orally request something
to be on the agenda through the Mayor, Council or City Manager. It was
agreed that a citizen may place things on the agenda himself if the item
is requested in writing. They agreed that the procedure for citizen input
as outlined in Resolution 81-8 should be included and that there will be no
individual administratively in charge of the agenda formation. Councilman
Dodds then moved to direct the staff to prepare an agenda procedure resolu-
tion. The motion was seconded by Councilman Sample and passed by the
following roll call vote: ,
Ayes: All members present voted aye
Noes: None
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18. CLOSED DOOR SESSION DEALING WITH PERSONNEL
A. PLANNING AND ZONING COMMISSION
B. BOARD OF ADJUSTMENT AND APPEALS
C. INDUSTRIAL DEVELOPMENT CORPORATION
Mayor Pollard then announced that the Council would meet in a closed door
session, as authorized by Article 6252-17 of Vernon's Annotated Civil Statutes.
19. CONSIDERATION OF ACCEPTANCE OF BOARD RESIGNATIONS AND
APPOINTMENTS TO:
A. PLANNING AND ZONING COMMISSION
B. BOARD OF ADJUSTMENT AND APPEALS
C. INDUSTRIAL DEVELOPMENT CORPORATION
Mayor Pollard asked for nominations for appointments to the Planning and
Zoning Commission. Councilman Dodds nominated Bill Metting. Councilman
North nominated George Scalise, Kermit Pittman and Jay McBride. At this
time, Councilman North moved that the nominations cease. Seconded by
Councilman Dodds, the motion was passed by the following vote:
Ayes: All members present voted aye
Noes: None
Mayor Pollard called for a vote for Bill Metting, candidate for Place 5 on
the Planning and Zoning Commission:
Councilman North, no
Councilman Sample, aye
Councilman Adeler, aye
Councilman Parker, no
Councilman Dodds, aye
Councilman Poole, aye
Mayor Pollard, abstention
Mayor Pollard then called for a vote on F. Jay McBride, candidate for Place
3 on the Planning and Zoning Commission:
Councilman North, aye
Councilman Sample, aye
Councilman Adeler, aye
Councilman Parker, aye
Councilman Dodds, aye
Councilman Poole, aye
Mayor Pollard, abstention
Mayor Pollard then called for a vote on Kermit Pittman, candidate for Place
4 on the Planning and Zoning Commission:
Councilman North, aye
Councilman Sample, aye
Councilman Adeler, aye
Councilman Parker, aye
Councilman Dodds, aye
Councilman Poole, aye
Mayor Pollard, abstention
Mayor Pollard then opened the floor for nominations to the Board of Adjust-
ment and Appeals. Councilman Dodds nominated George Scalise. Councilman
Parker nominated Prentice Ables. Councilman Dodds moved that the nominations
be closed. Seconded by Councilman Adeler, the motion was passed by
the following roll call vote:
Ayes: All members present voted aye
Noes: None
Mayor Pollard called for a vote on George Scalise, candidate for Alternate
Place 1 on the Board of Adjustment and Appeals:
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001154
Councilman North, abstention
Councilman Sample, no
Councilman Adeler, aye
Councilman Parker, no
Councilman Dodds, aye
Councilman Poole, no
Mayor Pollard, abstention
Mayor Pollard then called for a vote on Prentice Ables, candidate for Alternate
Place 5, Board of Adjustment and Appeals:
Councilman North, no
Councilman Sample, aye
Councilman Adeler, aye
Councilman Parker, aye
Councilman Dodds, aye
Councilman Poole, aye
Mayor Pollard, abstention
Mayor Pollard then noted that Prentice Ables has been appointed to Place
1 Alternate position on the Board of Adjustment and Appeals. Mayor
Pollard then opened the floor for nominations to the Industrial Development
Corporation. Councilman Sample nominated Bob Brown. Councilman Dodds
nominated Bob Lux. Councilman Dodds then moved to close the nominations.
Seconded by Councilman Adeler, the motion failed by the following roll
call vote:
Ayes: Councilman Adeler
Noes: Councilmen North, Sample, Parker, Dodds, Poole
Abstention: Mayor Pollard
Councilman North then moved to continue the nominations at the next regu-
larly-scheduled meeting. Seconded by Councilman Sample, the motion passed
by the following roll call vote:
Ayes: Councilmen North, Sample, Adeler, Poole
Noes: Councilmen Parker, Dodds
Abstention: Mayor Pollard
There being no further action to be taken by the Council, Councilman North
moved to adjourn the meeting. Seconded by Councilman Parker, the motion
was passed by the following vote:
Ayes: All members present voted aye
Noes: None
Mayor Pollard adjourned the meeting at 1:20 a.m.
GENE/~W-OLLARD, MAYOR
ATTEST:
J A :NT~/~/AAR~RO~ ' CA~ITY'~SE'CRETARY
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