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HomeMy WebLinkAbout04/25/1983 City Council MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON APRIL 25, 1983 A SPECIAL SESSION of the City Council of the City of The Colony, Texas, was called to order at 7:00 p.m. with the following members present: Larry Sample Mayor Scott North Councilman Noel Long Councilman Norman Adeler Councilman Charlie Parker Councilman Charles Dodds Councilman Marlene Poole Councilman and with no members absent; thus, a quorum was established. 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17 OF VERNON'S ANNOTATED CIVIL STATUTES, AS AMENDED DEALING WITH PERSONNEL Mayor Sample announced that the Council would meet in closed door for thirty minutes only to consider the appointment of a Councilman for Place 4. 2. CITIZEN INPUT Mayor Sample recognized Diane Foley, who stated she was concerned with the commercial trucks parking in front of homes and blocking public rights of way. The Council did advise her that the purpose of the traffic ordinance and its prohibition on trucks was based on weight, and this was done to prevent deterioration of the streets. However, they did request that the City Manager review this request. 3. CONSIDERATION OF RESOLUTION IN SUPPORT OF BETA SIGMA PHI FOUNDERS DAY Mayor Sample read the fo]lowing Resolution: WHEREAS, the Beta Sigma Phi Sorority of The Colony celebrates Founders Day on April 30th of each year, and WHEREAS, the Beta Sigma Phi Sorority is a national organization serving communities in this country and worldwide; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: That it recognize the Beta Sigma Phi chapters in The Colony in appreciation of their numerous service projects that are a direct benefit to our community and hereby establish April 30, 1983, as Founders Day in the City of The Colony. PASSED AND APPROVED BY THE CITY COUNCIL ON THE DAY OF , 1983. /s/ LARRY D. SAMPLE, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY Councilman North moved to approve the Resolution, and the motion was seconded by Councilman Dodds. Councilman Poole did note that there are five chapters of Beta Sigma Phi in the City of The Colony. Mayor Sample 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 4. CONSIDERATION OF PROCLAMATION IN SUPPORT OF NATIONAL INSURANCE WOMENS' WEEK MAY 15-21, 1983 Mayor Sample read the following Proclamation: -1- WHEREAS, women contribute a most significant impact in the workforce of the risk and insurance industry, and WHEREAS, they are increasingly effective locally and statewide in such related areas as insurance education, fire prevention, safety, crime prevention, public awareness, amongst many others, including the promotion of Public Awareness of the issue of Drinking and Driving, and WHEREAS, they have also made themselves more effective nationally by joining themselves together through membership in the National Association of Insurance Women (International), and WHEREAS, the National Association of Insurance Women (International) ~ has reached a membership of more than 22,000, and WHEREAS, these women have earned commendation and recognition for their outstanding progress and accomplishments in this economically vital and growing professional field; NOW, THEREFORE, I, Larry D. Sample, Mayor of the City of The Colony, Texas, do proclaim May 15 through May 21, 1983, as NATIONAL INSURANCE WOMEN'S WEEK together with Tuesday, May 17, as AWARENESS DAY for the public issue of Drinking and Driving, and urge our citizens to do honor to the women who are performing such important and varied roles throughout the risk and insurance industry. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of The Colony, Texas, to be affixed this day of , 1983. /s/ LARRY D. SAMPLE, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY Councilman Dodds moved that it be approved but that it be changed to a Resolution rather than a Proclamation. Seconded by Councilman Poole, the motion passed by the following roll call vote: Ayes: All members present voted aye -- Noes: None 5. RECEIVE PRESENTATION BY THE COLONY CHAMBER OF COMMERCE REGARDING INDUSTRIAL EXPOSITION PLANS Mr. John Turner, a representative of the Industrial Development Committee, advised the Council that they had prepared a brochure and reserved a booth space at the Industrial and Business Exposition to be held June 23rd and 24th in Dallas. He stated that they started with these plans in October of last year. He stated the reason for him appearing before the Council was to advise them of their plans for this exposition and ask for any input or help the Council might be able to provide. He further explained that the brochure that will be handed out at this exposition has been completed; however, they are looking into some additional costs to make their presentation even more professional. The major part of the additional cost would be slide material. Councilman Poole asked if they were tying in to Fox & Jacobs' advertising campaign for The Colony. Mr. Turner advised them they are using the "Home- town" atmosphere approach, and Fox & Jacobs has told them they could use anything that they might have available for this. Councilman Adeler did note that Bill Longo, a member of the MUD Board, had mentioned brochures that the city had printed several years ago and did want it noted that the Chamber of Commerce did have those brochures in their possession. Mr. Turner stated they did and that the vicinity map in those brochures is being updated and used. Councilman North asked how these brochures were paid for by the __ city. Mrs. Janice Carroll, City Secretary, stated that it was a budgeted item in printing out of the General Administration fund. Councilman North then asked if the City Manager had any funds available that could be used to assist them in this worthwhile project. Mr. Sartain stated that this would just have to be looked into. Based on this information, Councilman Dodds asked that the budget be reviewed for funds, and this agenda item be placed back for May 2nd meeting. 6. DISCUSSION OF PROPOSED HELIPORT Councilman Dodds introduced Mr. Charles Willis, President, and Mr. Steve Ferris, of Charles Willis & Associates, Inc., who are conducting a heliport study in this area for the North Central Texas Council of Governments. However, at this time, Councilman Dodds noted that Ron Walden of Fox & Jacobs was not in attendance and asked that this be postponed to a later time in the meeting. The Council concurred. 7. CONSIDERATION OF A RESOLUTION ESTABLISHING A FEE SCHEDULE POLICY FOR CITY PARKS Mayor Sample read aloud the following Resolution: WHEREAS, the City of The Colony has amended City Ordinance No. 15 to permit the City Council to adopt, by resolution, certain fees for Park and Recreational facilities, and WHEREAS, the City Council has determined that to provide fair access to all City athletic and recreational facilities, procedures and fees should be established: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: The attached fees and procedures shall be initiated and enforced by the Park and Recreation Department effective on the day OF , 1983. PASSED AND APPROVED ON THE DAY OF , 1983, BY THE CITY COUNCIL. /s/ LARRY D. SAMPLE, MAYOR ATEST: /s/ JANICE CARROLL, CITY SECRETARY Councilman Parker moved to approve the Resolution as presented. The motion was seconded by Councilman Dodds. Councilman Poole stated she did have a question about the special events fee. At this time, Mr. Sartain said that this procedure had been presented to him by Sylvia Brantley and, on reviewing, he agreed with every point except this special events fee, which would allow the rental of a complete park facility and the weekly rental fee for the concession stand or van. In discussing the following schedule, the Council did concur with the recommended changes: Tennis Courts: We are currently letting persons play on a first-come, first served basis and limiting play to one hour if others are waiting. No other policy is in effect. Reservations: To initiate a "reserved" basis where people can stop by or call for reservation at a cost of $1.00 per hour (limit to 1½ hours). As at many courts, we would not begin taking weekend reservations until 1:00 p.m. on Thursdays. We will have a listing of the reservations posted at the tennis courts. If no one has a court reserved, it would revert to free play. Tournaments: 1. $100.00 refundable maintenance deposit to be put up prior to rounament. The deposit would be refunded if the courts are left in good condition and the area is free from debris. 2. A $5.00 per hour charge or $40.00 per day (a day is 7:00 a.m. to 7:00 p.m.) 3. The reserving organization must be bya Colony organiza- tion. 4. A letter should be addressed to the Director of The Colony Parks and Recreation Department stating the time, date and purpose of t~e request and should also include information such as tournament and entree fees. The request shall be made no ]ess than two (2) weeks prior to the event, so The Colony PARD can post the event. Softball/Multi-Purpose Lights League Play: 1. The Association utilizing the parks will pay the Colony Pard $30.00 per team per season. (Lights will not be turned on until payment is made.) -3- 2. For practice, the cost of the lights will be $10.00 per hour and a half. Tournaments: 1. The organization must place a $100.00 refundable maintenance deposit. 2. A $5.00 charge per team per tournament. 3. A $10.00 per hour and a half for lights shall be paid to the PARD. 4. Reserving organization shall be Colony based. 5. See Tennis Policy #4. Non Residents: Most cities do not allow non residents. The Colony Sports Associations fee] that they are necessary to have well balancd leagues, thus, a $5.00 per season fee will be paid to the PARD by all non residents. Non resident is defined as anyone who does not reside or attend school within The Colony city limits. It is the responsibility of the Sports Association to give the Parks and Recreation Department a copy of each roster. The Colony PARD will underwrite the printing charge. Failure to comply could lead to forfeitures to use city fields. This is not in effect for traveling leagues, in which cities share the game schedule. Players of a traveling league if they are Colony based must pay the $5.00 non-resident fee for any team member on their team that is not a resident. Concession Stand: Bridges Park and Turner Street Community Park A. $100.00 refundable maintenance deposit B. $ 20.00 per day C. $ 75.00 per week D. $ 50.00 per week for entire league season E. The PARD reserves teh right to use stand in the case of special events. Concession Van: A. $100.00 refundable maintenance deposit B. $ 20.00 per day C. $ 75.00 per week $ 50.00 per week for entire league season E. The PARD reserves the right to use van in the case of special events. Stewarts Creek Park: A. $ 15.00 per year (stickers) B. $ 5.00 for each additional sticker G. $ 2.00 per day (daily stickers) D. $ 20.00 per group permit (Park entrance fee is not waived1) Public Address System: A. $100.00 refundable maintenance deFosit B. $ 25.00 per day Park Special Event Fee: (For complete rental of park facility) A. $100.00 refundable maintenance deposit B. $ 20.00 permit fee C. City provides free garbage sacks At this time, Councilman Parker did change his motion to approve the Frocedures and policies, omitting the per-week rental for the concession stand and van and the park special event fee, inserting that the proper procedure for a special event would require approval by the Council. This motion was seconded by Councilman Dodds. Prior to passage, there followed a brief discussion. Mayor Sample did ask why the roster of all teams playing was required. Mrs. Brantley answered that the Park and Recreation Department is responsible to check out the rosters and enforce the $5.00 non-resident fee. She did clarify that there was not a roster required on a visiting playing team. Council- man Long was concerned that a $5.00 fee was charged for any non residents that were he]ping complete a team in our city. Mrs. Brant]ey did explain that -4- this was a policy followed by all cities in ~e area. Councilman North asked when these procedures and policies would be in effect. Mrs. Brantley stated that they were planning on putting them into effect in the fall season. Councilman North also asked that the staff give some consideration in the future to having a fee for non residents using the tennis courts. Mr. Sartain said this would be looked into at a later date but presently it is not a problem. Mayor Sample then 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 6. DISCUSSION OF PROPOSED HELIPORT Councilman Dodds did note that Ron Wa]den of Fox & Jacobs was now present, and he would like to continue with this item. Councilman Dodds stated that Councilman Poole had contacted him regarding the funding for this study conduc- ted by the North Central Texas Council of Governments. Based on this input, he had contacted Mr. Charles Willis. Mr. Willis told the Council that the Council of Governments was concerned with helicopter operations in the metroplex area based on the problems with this type of service in the Houston area. He stated that presently they are 20% into the study and will have it completed by August. Councilman Dodds asked if he felt there was a need in this area for this type of facility. Mr. Willis stated he would have to answer with a conditional yes, and certainly could say that in the future there would be a need. Councilman Dodds then introduced to the Council Mr. Jeff Spears, President of Regional Helicopter Airlines in Addison, Texas. Mr. Spears told the Counci'] that there is a problem with public acceptance of a helicopter in a residential area. However, there are many advantages to it also, the primary one being the ability for vertical take offs and landings on a 50-foot square pad. He stated that a helicopter has many uses, the primary one being transportation from a commercial airline to a particular business location. He stated that a helicopter service in an area could provide numerous benefits to a city, i.e., surveillance for police and fire and medical transport. Mr. Spears noted and agreed with Mr. Willis that primarily heliports are operated by a private business, however, since Councilman Dodds had contacted him, nineteen other cities had also contacted him regarding a facility. He advised the Council that initially you would need only a 50-foot square for landing space and ten parking spaces. Later, this could be increased to 60-85 spaces and, of course, a sma]] office facility. Mr. Spears did recommend that the city begin the process, as he felt there would be a need for the heliport within a year in this area. Mr. Willis advised the Council that a request must be submitted to the FAA. The FAA will fund 90% of the procedure. The FAA must first conduct a study of the location, as we]] as an environmental study, approve the design and inspect the construction. He stated that probably there would not be any additional funding through the FAA until next October. Councilman Poo]e asked if Mr. Spears' interest as an operator would give any credence to the city's application. He advised that yes this would. Mr. Willis concurred. After further discussion, it was the consensus of the City Council that Councilman Dodds pursue further study of this proposed project. 8. CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE TOWN OF EASTVALE FOR AMBULANCE SERVICE Mr. Sartain advised the Council that he did meet with Janet Conrad, Mayor of the Town of Eastva]e, today, and that she would be bringing this before her Council on May 3rd. He therefore requested that the Council table any action until their May 16th meeting. Councilman Dodds moved to table this agreement until May 16th. Seconded by Councilman Adeler, the motion passed by the following roll ca]] vote: Ayes: All members present voted aye Noes: None 9. CONSIDERATION OF DART TRANSPORTATION PLAN Mayor Sample reviewed the final plan for the Council and members of the audience. He did state that initially the only benefit that The Colony would have received was a subscription bus service that would ]ink to the mass transit system in Carro]lton; however, now a non-funded rail line has been proposed on the east side of The Colony at the existing railroad. However, he did note -5- the first stage of this extension at the Galleria to Beltline Road would not be completed until the year 2010. Councilman North stated that since the area north of LBJ would not be serviced until the year 2.010, he did have a problem with supporting an election to enter into this plan. There then followed a lengthy discussion regarding this new plan, its merits and the procedure that the Council should follow. Mayor Sample did say that Mr. Clark will be present at a future meeting to review this in detail with the Council. Councilman Dodds did move to table until a representative from the DART authority could be present. Seconded by Councilman Poole, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None 10. CONSIDERATION OF ORDINANCE AMENDING THE CODE OF ORDINANCES PROVIDING FOR PROCEDURES FOR THE ABATEMENT AND REMOVAL OF A JUNKED VEHICLE Mr. Sartain introduced the ordinance and advised the Council this was an amendatory ordinance prepared by our attorney to amend City Ordinance No. 64. At this time, Mayor Sample read the following caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY BY AMENDING DIVISION 2, CHAPTER 10, SECTIONS 10-30 THROUGH 10-40; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROCEDURES FOR THE ABATEMENT AND REMOVAL OF A JUNKED VEHICLE; PROVIDING FOR NOTICE; PROVIDING FOR THE IMPOUND- MENT OF ABANDONED AND JUNKED MOTOR VEHICLES FOUND ON PUBLIC OR PRIVATE PROPERTY; PROVIDING FOR A PUBLIC HEARING; PROVIDNG FOR THE DISPOSITION OF ABANDONED AND JUNKED MOTOR VEHICLES; PROVIDING EXCEPTIONS; PROVIDING FOR ADMINISTRATION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDNG A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Dodds moved to approve this ordinance as presented. The motion was seconded by Councilman North. Janice Carroll, City Secretary, gave the Council the background of this proposed ordinance. She did state in reviewing the code procedures, it had come to the attorney's attention that tickets were being issued on a Ordinance No. 16, the general nuisance ordi- nance, rather than Ordinance No. 64. In discussion, Mr. Dillard advised that Ordinance No. 64, which is based primarily on state statutes, should be amended to be in accordance with new revisions that the Legislature has passed. Mr. Sartain noted that if this procedure was used rather than the general nuisance ordinance, the city would not be immediately as effective in removing junked vehicles from private property. Chief Ristagno did present a report to the Council regarding the procedure for the enforcement of this and clarified the definition of junked vehicles. The Council did express concern that the city's good appearance must be maintained and, to do this, tickets ]must be issued. However, they did note that this was an amendatory ordi- nance only and certainly should be passed. Councilman North felt that Ordi- nance No. 16, the general nuisance ordinance, should be reviewed bY the Council in the near future. At this time, Mayor Sample called for a vote upon the motion on the floor. The motion Fassed by the following roll call vote: Ayes: Councilmen North, Long, Adeler, Parker, Dodds and Poole Noes: Mayor Sample 11. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES PROVIDING A MAXIMUM LAWFUL PRIMA FACIE SPEED LIMIT ON SOUTH COLONY BOULEVARD, PAIGE ROAD AND NORTH COLONY BOULEVARD Councilman Dodds moved to table this ordinance. Seconded by Councilman Poole, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None -6- 12. CONSIDERATION OF A RESOLUTION .APPROVING AN AGREEMENT WITH THE STATE OF TEXAS FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF CERTAIN HIGHWAY TRAFFIC SIGNALS Mr. Sartain advised the Council that in their packet they did have a letter from Mr. Robert L. Yielding, the District Engineer for the State Department of Highways and Public Transportation. In this letter, Mr. Yielding referred to our previous agreement, signed February 16, 1982, which covered installation and maintenance of signals at three intersections. He advised us that the attached agreement is a blanket agreement that covers all highway intersections within the city. At this time, Mayor Sample read the following Resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the certain agreement dated 1983, between the State of Texas, and the City of The Colony, for the blanket coverage of various projects covering the installation, construction, existence, use, operation, and maintenance of certain highway traffic signals in the City of The Colony, be, and the same is hereby approved, and is hereby authorized to execute said contract on behalf of said city and to transmit the same to the State of Texas for appropriate action. SECTION 2. That this Resolution shah take effect immediately upon its passage. /s/ LARRY D. SAMPLE, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY There being no discussion, Councilman Dodds moved to approve this Resolution authorizing the Mayor to sign the agreement for the installation and maintenance of signalization by the state within the city limits of The Colony. Seconded by Councilman Ade]er, the motion passed by the fo]lowing roll call vote: Ayes: All members present voted aye Noes: None Mayor Sample then announced that the Council would return to Agenda Item #1 and meet in a closed-door session again to deal with personnel. He stated that there would be no action taken when they did reconvene in open session. Upon reconvening in open session and there being no further action to be taken, Councilman Dodds moved that the meeting be adjourned. Seconded by Councilman Adeler, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Sample adjourned the meeting at 11:40 p.m. · SAM~AYOR ATTEST: JANICE CARROLL, CITY SECRETARy -7-