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HomeMy WebLinkAbout03/07/1983 City Council MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON MARCH 7, 1983 A REG'ULAR SESSION of the City Council of the City of The Colony, Texas, was called to order at 7:30 p.m. with the following members present: Gene Pollard Mayor Scott North Councilman Norman Adeler Councilman Charlie Parker Councilman Charles Dodds Councilman Marlene Poole Councilman and Mayor Pollard did note that Councilman Sample has automatically resigned upon his filing as a candidate in the Mayoral Election to be held April 2, 1983; however, a quorum was established. 1. APPROVAL OF MINUTES Councilman Poo]e moved that the minutes of the Regular Session held on February 21, 1983, be approved. She did note that on Page 4 the Presiding Election Judge's name should read Dee Cole. It was so noted. This motion was seconded by Councilman Dodds, and passed by the following roll call vote: Ayes:Councilmen Adeler, Parker, Dodds and Poole Mayor Pollard Noes: None Abstention: Councilman North Councilman Dodds then moved that the minutes of the Special Session held on February 14, 1983, be approved as presented. Seconded by Councilman North, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: none 2. CITIZEN INPUT Mayor Pollard noted that no one had signed to speak before the Council at this time. 3. RECEIVE REQUEST FROM THE COLONY JAYCEES FOR THE USE OF CITY FACILITIES Mayor Pollard recognized Mr. Doug Gressett. Mr. Gressett requested the use of Fire Station No. 2 on Sunday, March 20th, from 1-5 p.m. for a reception to allow citizens of The Colony to get to know their Jaycees. Councilman Dodds asked if this would be in addition to their annual political forum. Mr. Gressett advised that because of their schedule they did not have time to have a political forum this year. Mr. Sartain, City Manager, advised the Council that it was his, as well as the Fire Chief's, recommendation that this request to use the Fire Station for a social function be denied. There followed a brief discussion regarding the use of city facilities, particularly the Fire Stations. Mayor Pollard asked if the Jaycees had contacted the schools. Mr. Gressett informed them that they had not for this particular function, but they did know that the cost would be higher for the use of a school facility on a weekend. Councilman Dodds asked what the approximate cost would be. Mr. Gressett said he would guess $100. Mayor Pollard stated that it did seem to be the consensus of the Council that city facilities cannot be used on an on-going basis for outside social functions, but he did state to Mr. Gressett that he personally would pay the $100 fee for the use of a school for this social function. At this time, Councilman Poole moved to deny the request for the use of a city facility. This motion was seconded by Councilman Dodds. Prior to voting, Councilman North did want it clarified that this motion did not represent a disapproval of the function by the Council but noted that the Council was concerned with setting a precedent on the use of city facilities. At this time, Mayor Pollard -1- called for a vote upon the motion on the floor. The motion carried by the following roll call vote: Ayes: All members present voted aye Noes: None Emergency Item: RECOGNITION OF NATIONAL GIRL SCOUT WEEK At this time, Mayor Pollard recognized representatives of the Girl Scout Troop No. 2 of The Colony, who presented to him a pin in recognition of Girl Scout Week from March 7 through March 13 in The Colony. 4. CONSIDERATION OF PROCLAIMING THE WEEK OF MARCH 7th AS COMMUNITY EDUCATION SURVEY WEEK Mayor Pollard read aloud the following Proclamation: WHEREAS, Community Education is the process of bringing a Community together with a common goal for Youth and Adult Programs, Health Programs, Recreational Programs, Vocational Programs, and Academic Programs, and WHEREAS, Community Education is people working, learning, and growing together to create a better environment for all its citizens, and WHEREAS, in Community Education, people become involved, communi- cation increases, and a better community environment is created, and WHEREAS, the Community Education concept is identified with all ages and groups, and WHEREAS, a high school facility in The Colony is desirable to promote the Community Education concept; NOW, THEREFORE, I, Gene Pollard, by virtue of the authority vested in me as Mayor of the City of The Colony, in the State of Texas, do hereby proc]aim the week of March 7, 1983, as COMMUNITY EDUCATION SURVEY WEEK for the purposes as listed: 1. To identify wants and needs of the Community, 2.To communicate directly with the people to get opinions and sugges- tions for bettering the Community, 3. To determine programs to solve wants, needs, and problems, 4.To establish priority programs for pre-schooters to Senior Citizens, and 5. To determine the need for a high school facility to enhance the Community Education Program and to insure the safety and general welfare of high school age students residing in The Colony. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of The Colony, to be affixed at City Hall, this 7 day of March, One Thousand Nine Hundred and Eighty Three. /s/ GENE POLLARD, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY The Council did note that they were in concurrence with the signing of this Proclamation by the Mayor. Mrs. Carroll, City Secretary, advised they did have information regarding the program that the school is sponsoring, and she advised them that a questionnaire would be mailed out in the MUD utility billing this month. 5. CONSIDERATION OF AMENDMENT TO SITE PLAN FOR PAIGE MEDICAL PLAZA AS PRESENTED BY DR. KEVIN SEIDLER Dr. Seidler advised the Council that this is the final correction on his site plan. He did state that the Council had previously approved two site plans. _2-¸ This third corrected site plan provides that the building be in an ell-shaped formation, which creates a natural barrier to the parking area from Kisor. Dr. Seidler explained that this portion of the building along Kisor would be single story to help adjust for a more natural flow into the residential area. Councilman Dodds stated that his primary concern was that ambulances would be coming to the facility at a high rate of speed. Dr. Seid]er stated they did want all ambulance service to enter off Paige, not on Kisor. Councilman North asked if they would be interested in a left-turn lane similar to the one put in for The Colony Bank on Paige Road. Dr. Seidler said they certainly would like this if it could be done. Mayor Pollard asked if he would bear the expense of this cut through. Dr. Seidler said he felt certain that this cost could be absorbed by himself. Mr. Bradburry advised that adequate parking had been provided for the facility. Dr. Seidler stated there would be four offices and an ambulatory care center in the building. Councilman Dodds asked if he had reviewed what type of screening wall would be placed along the back of the property. Dr. Seidler said he presumed a masonry-like material. Councilman Poole advised him that in some areas of the city soil tests had been made and a masonry wall was not practica]. Dr. Seid]er said he would certainly look into this prior to construction. There being no further discussion, Councilman Dodds moved to approve the corrected site plan as presented by Dr. Kevin Seidler. Seconded by Councilman Poole, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None At this time, Dr. Seidler did note that his facility would have a community room available for use by citizens. 6. CONSIDERATION OF APPOINTMENT OF THE FIRM OF HOGAN & RASOR, INC. AS THE CITY ENGINEERING CONSULTANTS Mr. Johnny Sartain, City Manager, advised the Council that the firm of Hogan & Razor had prepared the mapping for the Frisco suit, and he did anticipate in the near future new plans regarding development that needed to be reviewed. He stated that he did recommend the Council appoint the firm of Hogan & Razor as the city engineering consultants. Councilman North moved that the firm of Hogan & Razor be appointed as the city engineering consultants. Seconded by Councilman Dodds, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 7. CONSIDERATION OF PAYMENT FOR THE RELOCATING OF THE COLONY MUNICIPAL UTILITY DISTRICT WATER UTILITIES FOR THE WIDENING OF FM 423 FROM BOND FUNDS Mayor Pollard stated that there would be further research done on the subject by the City Secretary, and a formal memo would be prepared. He requested that this item be tabled until all information is available. Councilman Dodds then moved to table this item. Seconded by Councilman North, the motion passed by the following roll cml vote: Ayes: All members present voted aye Noes: None 8. CONSIDERATION OF AMENDMENT TO STEWARTS CREEK PARK GROUP PERMIT FEES Mr. Sartain referred the Council to a memorandum from Sylvia Brantley, of the Park and Recreation Department, requesting clarification on the group permit fee policy. She stated that the original intent of the group fee was to charge a minimum of $20 per group consisting of 0-50 people, then an additional $20 charge for each 50 people thereafter. She also stated that she has received several requests from area fishing clubs wanting information on fees for fishing tournaments. She added this would be almost impossible to predict as far as the number of people. Mrs. Brantley proposed that the group that is sponsoring the event purchase a group permit and participants in the tournament or the driver of the vehicle must have a yearly permit or purchase a daily permit. -3- 00143 In a discussion with the Council, they did agree that essentially the permits were for the vehicles, not the people, and it was agreed that a group permit would remain $20; but each vehicle using the park must pay the $2 for an additional daily permit. Councilman Adeler so moved. Seconded by Councilman Dodds, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None 9. CONSIDERATION OF ORDINANCE ESTABLISHING A BRICK MINIMUM REQUIRE- MENT FOR RESIDENTIAL STRUCTURES WITH MORE THAN ONE FLOOR Mayor Pollard read aloud the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING ORDINANCE NO. 168 AND REPEALING ORDINANCE NO. 244 TO REQUIRE THAT THE EXTERIOR WALLS, BELOW THE FIRST FLOOR PLATE LINE, OF RESIDENTIAL STRUCTURES WITHIN THE CITY, BE OF MASONRY OR SIMILAR MATERIAL; PROVIDING EXCEPTIONS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVID- ING AN EFFECTIVE DATE. Councilman Dodds moved to approve this ordinance as presented. Seconded by Councilman North, the motion carolled by the following roll call vote: Ayes: All members present voted aye Noes: None 10. CONSIDERATION OF APPOINTMENT OF SUBCOMMITTEE TO REVIEW THE HOME RULE CHARTER Mr. Sartain stated that generally when a Home Rule Charter is reviewed, a group is appointed by the Council to do this reviewing. Councilman Dodds stated that he did want a group from the Council to be appointed to begin this review so that amendments can be brought before the people at the next election. However, in talking with other Council members, he would like to table this until after the election. At this time, Councilman Dodds moved that this agenda item be tabled until a meeting after the election. Seconded by Councilman Poole, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None Additional Agenda Item: CONSIDERATION OF ACCEPTANCE OF PROTECTED KEY RATE STATUS AS DETERMINED BY THE STATE BOARD OF INSURANCE On reviewing the letter from the State Board of Insurance, Mayor Pollard did explain that The Colony would now have a key rate of twenty-eight cents, which would mean that citizens in The Colony would pay a rate of fourteen cents. After a brief discussion of this rate and things that were noted in the letter that could be done to lower the rate even further, Councilman North moved to accept this key rating as presented by the State Board of Insurance. The motion was seconded by Councilman Dodds. Councilman Sample asked what the effective date would be. Chief Gothard stated that he would find out. At this time, Mayor Pollard called for a vote upon the motion on the floor. The motion carried by the following roll call vote: Ayes: All members present voted aye Noes: None 11. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17 OF VERNON'S ANNOTATED CIVIL STATUTES, AS AMENDED A. BOARD OF ADJUSTMENT & APPEALS B. LAND ACQUISITION C. PENDING LITIGATION -4- Mayor Pollard then announced that the Council would meet in a closed door session to consider these items. However, he did not expect any action to be taken upon reconvening. Upon reconvening in open session, Mayor Pollard stated that there was no further action to be taken. Councilman Dodds moved that the meeting be adjourned. Seconded by Councilman Adeler, the motion passed by the following vote: Ayes: All members present voted aye Noes: None Mayor Pollard adjourned the meeting at 9:40 p.m. GENE POLLARD, MAYOR- ATTEST: JANICE CARROLL, CITY SECRETARY -5-