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HomeMy WebLinkAbout10/03/1983 City Council O0iS[ u MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON OCTOBER 3, 1983 A REGULAR 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 D. Sample Mayor Scott North Councilman Noel Long Councilman Norman Adeler Councilman Charles Dodds Councilman Marlene Poole Councilman and with Councilman Don Amick absent due to business; 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. CITIZEN INPUT Mrs. Wanda Gillett was recognized and stated that she was concerned with traffic problems, particularly on Blair Oaks Road during the morning rush hour. She stated that those people wishing to take Blair Oaks in order to turn east on Highway 121 were trying to create an extra southbound lane and also were causing a severe hazard when turning, due to the lack of visibility due to the long line of cars westbound on Highway 121. She stated further that she would suggest making a left turn from Blair Oaks onto Highway 121 illegal. Councilman Dodds brought up at this point that he had suggested that Blair Oaks be striped to create an extra lane, as he thought the road would be wide enough for this. Mayor Sample stated that he would like for this item to be put on a future Council agenda for discussion. Mr. Patrick Geary was recognized and stated that he was also concerned with traffic problems, specifically people using the parking lots of stores along FM 423 to get into the line of traffic on FM 423 more quickly, rather than lining up on South Colony Boulevard. He stated further that so many people were doing this that ~t was making ~t difficult to get onto FM 423 from South Colony Boule- vard. Councilman Poole advised that she had spoken to Police Chief Nick Ristagno this evening, and he had advised her that according to the Highway Department, there is no state law against the blocking of an intersection. Chief Ristagno d~d advise that the H~ghway Department has agreed to change the timing of the signals on Highway 121 to see if this will alleviate some of the problem. Chief Ristagno has also agreed to audit the traffic situation for a few days. Mrs. Carroll advised that the staff would look into the legality of a City ordinance to prevent the blocking of an intersection. 3. APPROVAL OF MINUTES Councilman North moved to approve the minutes of the Regular Session held on September 26, 1983, as presented. Seconded by Councilman Poole, the motion passed by the following vote: Ayes: All members present voted aye Noes: None 1 00158 4. PRESENTATION OF PLAQUE TO THE LIBRARY DIRECTOR Before presenting this plaque to Mrs. Ann Beckel, The Colony's first Library Director, Mayor Sample stated that one of the exciting things about living in The Colony is that everyone here can contri- bute toward building something, and he said that the people here have created something from nothing. He then presented this plaque of appreciation to Mrs. Beckel, stating that it gave him pleasure to make this award and that her efforts were sincerely appreciated. Saturday, October 1st, was Mrs. Beckel's last day as Library Director. 5. RECEIVE REPORT FROM UNIVERSAL HEALTH SERVICES Mayor Sample recognized Mr. William Grinwis of Universal Health Services to give this report. He thanked the Mayor and Council for their efforts in this approximately two-year process to try and obtain a Certificate of Need for a hospital in The Colony. He stated that it is evident that there is an apparent misunderstand- ing in Austin about the need here in The Colony for a hospital, especially due to the traffic problems during the morning and evening rush hours. He also advised that approximately $250,000 has been spent in the effort to obtain this Certificate of Need. Universal Health Services has filed another appeal, Mr. Grinwis advised, but they do not know when this appeal will be heard or what the cost will be. He also advised that he did not know what else could have been done in order to get this approval. Mayor Sample then stated that he had attended the last hearing in Austin and that the statement was made that a citizen could drive from The Colony to Lewisville in ten minutes; he said that they had obviously not tried to do this during the morning or evening rush hours. Councilman Long asked Mr. Grinwis if the service area which includes The Colony is under the recommended strength in hospital beds, and Mr. Grinwis stated that it was. Councilman Long then stated that he did not feel that the method in which the hearings are conducted took into consideration the actual needs of the citizens in an area. Councilman North then asked Mr. Grinwis if Universal had any plans to amend their application for the Certificate of Need in order to try and obtain an ambulatory care center, rather than a full-service hospital. Mr. Grinwis answered that no, Universal was not in this type of business and he also did not feel that this kind of facility would adequately serve the needs of The Colony. Councilman North then asked if Universal had any plans to start the application process again, and Mr. Grinwis replied that they had no plans at the present time, as the appeal is still in process. 6. CONSIDERATION OF ORDINANCE GOVERNING NEWSPAPER BOXES Mayor Sample recognized Janice Carroll, and she advised the Council that she would recommend a discussion only of this tonight. She also explained that this ordinance was a standard one that our City Attorney had sent to all of the cities which he serves and that its purpose was the control of where these boxes may be placed and how they may be secured. Mayor Sample then read portions of a letter from Adrienne C. Leonard of Hutchison Price Boyle & Brooks, which is our City Attorney's firm, as follows: "This ordinance is being proposed due to the recent actions of various newspaper companies in the Dallas-Fort Worth area. The newspaper companies have expressed their intent to place newspaper boxes, racks, or stands on city sidewalks or other public places. The right of the newspaper companies to place newspaper boxes in public places is protected by the First Amendment. However, this right is not totally without limi- tations. "Cities may impose rules regulating various aspects related to the placement of newspaper boxes provided such rules are reasonale and are in the interest of the public health, safety, and welfare. The primary reasons for imposing rules and regulations are to prevent encroachments and obstructions on the streets, sidewalks, and other public grounds, and to recognize the City's right to abate conditions which are a danger to the safety of persons or property." -2- Mayor Sample stated that the ordinance also includes a registration procedure for the newspaper boxes. Mayor Sample directed that staff determine what cities have passed this ordinance from our City Attorney. Councilman North then mentioned that in the past one of the problems with these boxes has been the method of securing them, and he definitely agreed with Section 5 of this ordinance which would require they be secured in one of the followign ways only: 1. Concrete blocks or other similar material for increasing weight, preferably concelaed within the box 2. Chaining of one newspaper box to another Councilman Dodds then moved to pass this ordinance as presented. The motion was seconded by Councilman Adeler. Mayor Sample then read the following caption of the ordinance: AN ORDINANCE ESTABLISHING RULES AND REGULATIONS GOVERNING NEWSPAPER BOXES ON STREETS, RIGHT-OF-WAYS, AND OTHER PUBLIC PLACES WITHIN THE CITY; REGULATING THE SIZE AND APPEARANCE OF NEWSPAPER BOXES; REGULATING THE LOCATION OF NEWSPAPER BOXES; PROVIDING FOR A FEE AND INDEMNITY AGREEMENT FOR THE RELOCATION OF NEWSPAPER BOXES WHICH POSE A DANGER TO THE PUBLIC; PROVIDING NOTICE; PROVIDING A PENALTY NOT LESS THAN ONE DOLLAR NOR MORE THAN TWO HUNDRED DOLLARS, AND THAT EACH DAY THE VIOLATION CONTINUES SHALL CONSTITUTE A SEPARATE OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY AND EFFECTIVE DATE. There followed a brief discussion; Mr. George Gillett, a member of the audience felt that the approval of the homeowner required before a box may be placed in front of any residential property should be in writing. Mayor Sample read aloud the section dealing with this required approval, as follows: "No newspaper box shall be installed, placed or maintained on, in or over any street or right-of-way within the City which is adjacent and contiguous to any tract of land developed with a single-family detached dwelling or a structure devoted to religious worship, unless the owner or owners of the tract of land consent." Councilman North then asked if the ordinance had a grandfather clauses, which would prevent the City from controlling any boxes already in place, and Mrs. Carroll answered that there were none. Mrs. Carroll stated further that if the ordinance was passed, she would be required to give written notice to the newspapers and give them thirty days in which to comply. Mayor Sample then called for a vote upon the motion on the floor, which passed by the following roll call vote: Ayes: All members present voted aye Noes: None 7. CONSIDERATION OF RATIFYING THE EXTENSION OF THE EASTVALE/THE COLONY AMBULANCE SERVICE CONTRACT FOR A PERIOD OF THREE MONTHS Mayor Sample recognized Janice Carroll, City Manager, who stated that she had given the members of the Council a copy of the letter she had written to Bert Eubank, Eastvale Mayor, extending this ambulance service until January 1, 1984 at $134.13 per month. She advised the Council that Eastvale was looking into options for this service. Mayor Sample directed that staff provide Eastvale with a figure for this service for 1984, upon which they could base their decision. Mrs. Carroll then advised the Council that Denton County had stated that if The Colony did not serve Eastvale, they would cut the amount paid to the City by $1,000. -3- After discussion, Councilman Adeler moved to ratify this three- month agreement at $134.13 per month through December 1983. This motion was seconded by Councilman Dodds. Mayor Sample then requested that each Council member state what figure they would be willing to go with for 1984 for this service, and they responded as follows: Councilman North $5,000 Councilman Long $2,500 Councilman Adeler In line with what Eastvale can afford Councilman Dodds $5,000 Councilman Poole $5,000 It was then determined that the fee previously arrived at for this service for one year had been $6,235. Councilman Dodds, therefore, proposed an amendment to the motion on the floor, stating that the fee for 1984 would be $5,235. Seconded by Councilman Poole, this amendment passed by the following roll call vote: Ayes: Councilmen North, Dodds and Poole Mayor Sample Noes: Councilmen Long and Adeler Before voting on'the motion, as amended, Councilman North stated that he was concerned about what would actually happen if Eastvale could not afford this service, and had no ambulance service from another source. He wished to know if The Colony would respond to a call in this situation. He suggested that perhaps a per- call cost could be initiated. At this point, Councilman Dodds called the question, said call passing by the following roll call vote: Ayes: Councilmen North, Dodds and Poole Mayor Sample Noes: Councilmen Long and Adeler Mayor Sample then called for a vote upon the motion, as amended, which passed by the folloWing roll call vote: Ayes: Councilmen North, Dodds and Poole Mayor Sample Noes: Councilmen Long and Adeler 8. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH FRS DESIGN GROUP, INC. FOR ARCHI- TECTURAL SERVICES Janice Carroll, City Manager, stated that she would recommend that the Council table this item tonight for the following three reasons: 1. FRS Design Group, Inc. is in the process of applying for their errors and omissions insurance. 2. Fire Chief Ronnie Gothard has an appointment next week to check on obtaining funds through FEMA for an Emergency Opera- tions Center, which would be part of the municipal building. Once this contract ~s entered into, it is considered phase 1 of obtaining the municipal building, and might therefore limit the possibility of obtaining these funds. 3. The Architectural Committee needs to have another meeting to discuss possible land options. Councilman Dodds moved to table this ~tem. Seconded by Councilman North, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None -4- 9. CONSIDERATION OF AN ORDINANCE ESTABLISHING A NEW CITY DEPART- MENT Mayor Sample read aloud sections of the following ordinance: AN ORDINANCE REORGANIZING THE CITY'S DEPARTMENTS AND ESTABLI- SHING THE DUTIES AND RESPONSIBILITIES OF EACH; AND DECLARING AN EMERGENCY. WHEREAS, the City Charter, Section 3.07, authorizes the City Council to establish administrative departments; and WHEREAS,the City Council desires to reorganize the Organizational Chart, all in accordance with this ordinance and the City Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY: Section 1. The City Council shall appoint the City Manager, the City Secretary, the City Attorney, Judge of the Municipal Court, and Clerk of the Municipal Court, all in accordance with the applicable provisions of the City Charter. Term, qualifications, duties and responsibilities for each of said offices is established in the City Charter, provided however, that the Court Clerk shall report to the City Manager. The City Judge shall be appointed for an indefinite term and shall serve at the pleasure of the City Council. Section 2. The following departments are hereby created: a. Fire Department; b. Police Department; c. Community Services; d. Municipal Court Clerks Office Section 3. The City Manager shall appoint the Fire Chief, the Police Chief (with the approval of the City Council pursuant to Section 4.10 of the City Charter) and the Director of Community Services. Section 4. The City Manager shall also appoint the Financial Assistant who shall not be deemed to be a Department Head. Section 5. The Fire Department, Police Department and Munici- pal Court Clerks Office shall be operated in accordance with applica- ble State Law, the City Charter and Rules and Regulations promulga- ted and approved or approved by the City Manager. Section 6. The Department of Community Services shall consist of the Library Department, Parks and Recreation Department, Inspec- tion Department, and Public Works Department, all of which depart- ments shall report directly to the Director of Community Services. The Department of Community Services shall operate pursuant to and in accordance with rules and regulations promulgated and approved or approved by the City Manager. Section 7. Attached hereto as Exhibit "A" is the new Organiza- tional Chart which is hereby approved. Section 8. This ordinance repeals all ordinances or parts of ordinances that are in conflict with this ordinance. Section 9. The fact that the present ordinances and regula- tions of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City creates an emergency for the immediate preservation of the public welfare which requires that the provisions of this ordinance shall take effect immediately and it is accordingly so ordained. PASSED AND APPROVED on this the 3rd day of October, 1983. /s/ LARRY D. SAMPLE, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY APPROVED AS TO FORM: J. F. BOYLE, JR., CITY ATTORNEY -5- 001 8o Mayor Sample read aloud only the key parts of this ordinance and e×plained in general for the benefit of the audience what was being done, advising that the Director of Community Services was a new position. Councilman Dodds moved to approve this ordinance with the correction in Section 6, where the original ordinance submitted by the attorney read "Recreation Department", it should read "Parks and Recreation Department". Seconded by Councilman Long, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None 10. CLOSED DOOR SESSION, AS AUTHORIZED BY ARTICLE 6252-17 OF VERNON'S ANNOTATED CIVIL STATUTES, AS AMENDED, DEALING WITH PERSONNEL A. DIRECTOR OF COMMUNITY SERVICES B. LIBRARY DIRECTOR C. BOARD APPOINTMENTS Mayor Sample announced that the Council would now meet in a closed door session. 11. CONSIDERATION OF BOARD APPOINTMENTS A. BOARD OF ADJUSTMENT & APPEALS B. INDUSTRIAL DEVELOPMENT CORPORATION C. PARKS AND RECREATION BOARD Upon reconvening in open session, Mayor Sample announced that the only appointments which would be handled at this time were to the Parks and Recreation Board. Councilman North moved to reappoint Doug Megredy to Place 3 and Ruben Delgado to Place 4 on the Parks and Recreation Board and that Place 5 not be reappointed at this time. Seconded by Councilman Poole, the motion passed by the following roll call vote. Ayes: All members present voted aye Noes: None There being no further business to be conducted by the Council, 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 Sample adjourned the meeting at 11:30 p.m. ATTEST: JANICE CARROLL, CITY SECRETARY -6-