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HomeMy WebLinkAbout08/29/1983 City Council MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON AUGUST 29, 1983 A SPECIAL 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: Larry Sample Mayor Scott North Councilman Norman Adeler Councilman Don Amick Councilman Charles Dodds Councilman Marlene Poole Councilman and with Councilman Noel Long absent; however, a quorum was established. 1. PLEDGE OF ALLEGIANCE Mayor Sample led the Council and members of the audience in the pledge to the United States flag. 2. APPROVAL OF MINUTES Councilman Poole moved to approve the minutes of the Regular Session held on August 15, 1983, and the Special Session held on August 22, 1983, as presented. Seconded by Councilman North, the motion passed by the following vote: Ayes: All members present voted aye Noes: None 3. CITIZEN INPUT Councilman Long did arrive prior to the beginning of this agenda item, and he participated in the remainder of the meeting. Mayor Sample recognized Mr. Rob Gustavson who stated that he wished to officially request that the Council begin looking into ordinances to maintain the quality of life which The Colony has enjoyed thus far. He stated further that he wished for these ordinances to apply to homeowners as well as renters and that they should pertain to the upkeep of property. Mr. Gustavson at this time also volunteered to help the city with mowing or anything else he would be able to do which the city might not be able to afford at this time. Janice Carroll, City Manager, stated that she would have to check into this from the standpoint of possible city liability. Mayor Sample at this time clarified that what Mr. Gustavson wanted was an ordinance dealing with sanitary conditions especially, and Mr. Gustavson agreed. Councilman North clarified for Mr. Gustavson that The Colony does not have a rental ordinance but does have an ordinance requiring a Certificate of Occupancy which does apply to homeowners and landlords. Mr. Gustavson then stated that he was concerned that unless there was a change in occupancy or owner- ship, this ordinance did no good. 4. CONSIDERATION OF RESOLUTION OF INTENT TO SUPPORT THE ESTABLISH- MENT OF A MUNICIPAL GOLF COURSE AT WYNNWOOD PARK At this time, Mayor Sample read aloud the following Resolution: WHEREAS, the City Council of the City of The Colony, Texas, believes that it would be in the best interests of the citizens of The Colony, Texas, to have golfing facilities available for the recreational use of the citizens; and WHEREAS, space is available for the design and construction of golfing facilities in the Wynnwood Park parcel on Lake Lewisville, on land owned by the U. S. Army Corps of Engineers; and WHEREAS, the City Council of the City of The Colony, Texas, desires that such facility be designed, constructed and operated by a professional organization with experience in the design and construction of golfing facilities; and WHEREAS, the City Council of the City of The Colony, Texas, believes that GOLFTEXAS, INC., a Texas corporation, has the experienced personnel and resources to design and construct first class, daily fee, public golfing facilities in the Wynnwood Park parcel and desires that GOLFTEXAS, INC. become involved in and with the design and construction of first class, daily fee, public golfing facili- ties for the Wynnwood Park parcel; and WHEREAS, the Council further believes that GOLFTEXAS, INC. has the experienced personnel and resources to manage the operation of the golfing facilities in the most efficient and cost effective manner, and desires that an agreement be negotiated with GOLFTEXAS, INC. to lease and operate the facilities upon completion of construction, with an option to purchase the improvements and personal property used in such operation. NOW, THEREFORE, be it resolved that the City Council of the City of The Colony, Texas, hereby requests that GOLFTEXAS, INC. proceed with the preparation of a Master Plan for the design and construction of first class, daily fee, public golfing facilities for the Wynnwood Park parcel, for submission by The Colony, Texas, to the U. S. Army Corps of Engineers for its review and approval; and further RESOLVED, that the City Council of the City of The Colony hereby states its support of the efforts of GOLFTEXAS, INC. and its intent to enter into an agreement with GOLFTEXAS, INC. to lease and operate the facilities upon completion of construction, with an option to purchase the improvements and personal property used in such operation; and further RESOLVED, that the City Council of the City of The Colony, Texas, hereby instructs the City Manager and City Staff to consult with the representatives of GOLFTEXAS, INC. and to provide assis- tance to GOLFTEXAS, INC. as reasonably necessary to expedite the preparation and approval of the Master Plan. PASSED this day of , 1983. /s/ LARRY SAMPLE, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY Councilman North moved to approve the Resolution as presented. The motion was seconded by Councilman Long. Councilman North then introduced Mr. Eldridge Miles~, Mr. Gary Dee, Mr. Chuck Johnson, an attorney and Mr. Gary Lewis of.GOLFTEXAS, INC. councilman North explained to the members of the audience that GOLFTEXAS as proposing to develop a first class golf course at Wynnwood Park, similar to the Bear Creek golf course at the south end of the Dallas/Fort Worth Airport. He also advised that Mr. Gary McKean of the Corps of Engineers had given his approval for the City to pursue this project and Mr. McKean advised further that the Corps had no plans to open the park again. Councilman Amick questioned the option for GOLFTEXAS to purchase the improvements and personal property when construction is completed. Mr. Johnson, attorney for GOLFTEXAS, answered that this would involve only the improvements and had nothing to do with the actual land which does, of course, belong to the Corps of Engineers. Councilman North stated that the lease would be for 25 years, which is the maximum that the Corps will allow. Mayor Sample asked exactly what this Resolution 'would do for GOLFTEXAS, and Mr. Johnson answered that it simply would give them a firm feeling about the City's intent to pursue this project. Councilman Amick then asked who would be primarily responsible for the ingress and egress for the golf course. Mayor Sample stated that it would be shared by the state, Denton County, Corps of Engineers and The Colony. -2- Councilman Amick then asked if any of the roadway would need to be widened and, if so, if this should be resolved prior to the planning of the golf course. Councilman North stated that if the land in this area was developed, as expected, the developer would construct the roads. Janice Carroll, City Manager, stated that it was her understanding that this road to the golf course was not one of their major concerns; however, Mr. Gary Lewis did state that he wished to make sure that it was good enough so that it would not make a bad first impression of the facility. He stated further that this golf course would consist of 36 holes, and he advised further that the target date for completion was around the f~rst of 1985, assuming they can get started within 90 days. Mayor Sample asked if the picnic facilities which already exist at Wynnwood Park, as well as the boat-launching facilities, could still be used for these purposes. Mr. Lewis stated that this approximately 30 acres of land could still be used for these purposes, as the Council wished. Councilman Amick then asked about a franchise fee to be paid to the City for the use of Wynn- wood Park, and Councilman North answered that the plan would be to bring an actual contract back to the Council after presenting it to the Corps of Engineers, possibly at the September 12th Council meeting. Mayor Sample then called for a vote upon the motion on the floor (to approve the Resolution of Intent), which passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Sample called a brief recess at this time. 6. PRESENTATION AND REVIEW OF THE CIVIL DEFENSE EMERGENCY PLAN Mrs. Carroll stated that Fire Chief Ronnie Gothard was present to explain this plan and answer any questions. Mrs. Carroll advised that this plan must be ready to be presented to the state by September 30th, and she stated that she would like to have some practice sessions in November, after Chief Gothard returns from his Fire Marshal training. At this time, Chief Gothard gave a brief overview of the plan, explaining that each different condition would call for a different set of operating procedures. Councilman North asked Police Chief Ristagno what role the Police Department would play when the plan was fully implemented, in a Phase 1 situa- tion. Chief Ristagno answered they would simply alert the street units about what was going on. Mayor Sample then noted that in the l~st of assumptions (possible emergency situations), there was no mention of an emergency at the dynamite plant. Chief Gothard answered that this was in Lewisville's territory, but he said that it certainly could be added to the list. Mayor Sample then questioned the line of succession in Section 9, stating that he felt after the Mayor and Mayor Pro Tem, the remainder of the Council should be l~sted by place number, and staff was directed to make this change. 5. CONSIDERATION OF RE-NEGOTIATION OF CONTRACT TO PROVIDE AMBULANCE SERVICE TO THE TOWN OF EASTVALE Mayor Sample recognized Mrs. Carroll, who stated that the Council did have in their meeting packets the contract with Eastvale which is now in force, as well as a breakdown of the cost of this service prepared by Chief Gothard. She advised that in order to arrive at the amount to charge Eastvale, this cost of $192,108 was divided by The Colony's population as stated by COG of 15,400, giving a per capita cost for the service of $12.47. This $12.47 was then multiplied by Eastvale's population as stated by COG of 500, giving a cost to them of $6,235. Mayor Sample stated that he felt this was still too low, and Councilman Poole concurred, stating that she felt Eastvale should pay a higher rate than the c~tizens of The Colony for this service. Councilman North asked what would happen if Eastvale could not afford this amount for the service in the event they needed an ambulance ~n an emergency, and Chief Gothard answered that their response would be up to the Council. Councilman Amick asked Councilman Poole what she would consider a reasonable fee for the Town of Eastvale, and Councilman Poole answered that it should be more than the amount paid by The Colony's citizens. Mayor Sample stated at this point that the Council needed -3- to decide whether or not to have a contract and, if so, what the charge should be for this service. He also stated that another question would be the possible liability to the City of responding without this written contract. Mayor Sample then asked each Council member for an opinion. Councilman North felt that the issue should be considered on the basis of humanitarian aspect as well as money, and he felt further that this issue should not be used as a political football. Councilman North advised that he was not prepared to make a fee recommendation at this time. Councilman Long suggested letting the City Manager negotiate this contract on the basis of what the Town of Eastvale can afford. Councilman Adeler agreed with Councilman Long. Councilman Amick suggested $6,735 as a flat contract amount, but he also agreed that the City Manager should negotiate based on a minimum set by the Council, and East- vale could then collect for the calls themselves. Councilman Dodds agreed with Councilman Amick. Councilman Poole agreed with the City Manager negotiating the contract, but she did not think The Colony should subsidize this service. Mayor Sample then stated he thought it should be a $7,000 contract fee, and he also did not feel that The Colony should subsidize the service. Councilman Dodds then made a motion to table this item. Seconded by Councilman Long, the motion passed by the following roll call vote: Ayes: Councilmen North, Long, Adeler, Dodds and Poole, Mayor Sample Noes: Councilman Amick 7. CLOSED DOOR SESSION, AS AUTHORIZED BY ARTICLE 6252-17 OF VERNON'S ANNOTATED CIVIL STATUTES, AS AMENDED A. CITY SECRETARY B. PERSONNEL REORGANIZATION Mayor Sample announced that the Council would now meet in a closed door session. Upon reconvening in open session, there being no further action to be taken by the Council, Councilman Dodds moved that the meeting be adjourned. Seconded by Councilman Long, the motion passed by the following vote: Ayes: All members present voted aye Noes: None Mayor Sample adjourned the meeting at 12:00 midnight. ATTEST: JANICE CARROLL, CITY SECRETARY -4-