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HomeMy WebLinkAbout11/14/1983 City Council MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON NOVEMBER 14, 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 Don Amick Councilman Charles Dodds Councilman Marlene Poole Councilman and with no members absent; thus, a quorum was established. i. PLEDGE OF ALLEGIANCE Mayor Sample led the Council and members of the audience in the pledge to the United States flag. 2. CITIZEN INPUT Mayor Sample recognized Councilman Don Amick, who stated that he would like to recognize the work on the median strips in the City as a "citizen". He also stated that he had been very pleased to note today that it took him only eight minutes to get from his house to Crowder Road. Mayor Sample then recognized Sylvia Brantley, Recreation Superin- tendent, who w~shed to invite the City staff, Mayor and Council members to participate in the City's Christmas Parade to be held on December 10th. She stated that they would like to organize a City float, and she would also like some ideas for a theme for the parade. She advised that the department needed to know by the f~rst of next week who would be participating in the parade, as well as have an idea of the theme to be used. At this time, Janice Carroll, City Manager, noted that on December 2nd, The Colony had been invited to participate in Little Elm's Christmas parade and that Little Elm had been ~nvited to participate with The Colony on December 10th. 3. APPROVAL OF MINUTES Councilman North moved to approve the minutes of the Special Emergency Session held on October 12, the Regular Session held on October 17, the Work Session held on October 25, the Special Session held on November 2 and the Special Session held on November 7, 1983, as presented. Seconded by Councilman Long, the motion passed by the following vote: Ayes: All members present voted aye Noes: None 4. CONSIDERATION OF REQUEST FROM THE FLAG FOOTBALL ASSOCIATION FOR THE PLACEMENT OF A PORTABLE STORAGE BUILDING AT TURNER STREET PARK Mayor Sample recognized Janice Carroll, who stated that the Council had in their packets a memorandum from Recreation Superintendent Sylvia Brantley concerning the recommendation of the Park and Recreation Board, as well as a letter to Ms. Brantley from Mr. Jerry Kreiner, Secretary of The Colony Flag Football Association. 1 '? 605 00: Mrs. Carroll stated that staff did not see any real problem with this one building, but one thing of concern would be the future planning of storage buildings on parks in the City. Councilman North asked if the Soccer Association already had a storage building at Turner Street Park, and Mr. Kerry Smith, President of the Flag Football Association, stated that the Soccer Association had been approached regarding sharing this building and they had indicated that they would not be willing to do this; he stated that they were afraid that someone would steal their chalk. Councilman North then asked if the reason for this request was due to the inability of these two associations to work together. Mr. Smith replied that the sharing of a storage building would be no problem for the Flag Football Association if the Soccer Association would cooperate. Councilman North then asked where the building would be located and if the concession stand could be used for this storage space. Mr. Smith advised that the area behind the concession stand has some room, but the Soccer Association has use of this concession building and the only way they could get to the area would be by going through the concession stand. Ms. Brantley was recognized and stated that she had spoken with Pat Aldinger, a member of the Soccer Association, and Ms. Aldinger had stated that the reason this sharing of the building would not work well was because of the overload of equipment and chalk; she was afraid there would not be adequate room for both associations. Councilman Adeler asked Mr. Smith how much space the chalk for the Flag Foot- ball Association would take up in this building, and Mr. Smith answered an area about four feet square by four feet high. Coun- cilman Poole then commented that she would like to see some coopera- tion between these associations on matters like this. Councilman Amick then stated that_he ~questioned whether "exclusive" use of the concession stand at Turner Street Park had been given to the Soccer Association. He then asked Jerry Van-Y, Public Works Super- intendent, if there would be space in the storage building for two caged-in areas for storage of the various equipment for the two associations. Mr. Smith then stated that the Flag Football Association would be willing to pay for an additional storage building. Councilman Amick directed Ms. Brantley to talk to the Soccer Association and remind them they do not have exclusive use of the concession stand. Mayor Sample then stated that he felt the intent of the vote had been that the Soccer Association could use the concession stand for concessions but not exclusively for storage purposes. Councilman North then moved to deny this request. This motion was not seconded. Councilman Amick then moved that the request be approved. Councilman Dodds seconded thismotion. Councilman Dodds then made an amendment motion stating that the Flag Football Association be given permission to place an 8' x 10' portable building on Turner Street Park for storage with the understanding that the City would not be responsible for any damages that may arise from vandalism for natural causes due to weather, etc. and that if anyone were to get hurt as a result of this building being there, the City would not be responsi- ble and with the additional understanding that the Flag Football Association may at some time in the future have to move this building at their expense. Councilman Amick seconded this amendment motion. Councilman Poole then stated that she was afraid that this park was going to become an eyesore because of all of these buildings, and she still would like to have these associations learn to work together. Councilman North was concerned with having a third building at this site, and he was also concerned with the precedent being set by this, as he felt that anyone using the field in the future might also want to erect a building, and he stated further that the fields belong to the citizens of The Colony, and everyone should be able to play on them. Councilman Adeler agreed with Councilman North, stating that granting approval for this building would be giving "carte blanche" to others in the future. Mayor Sample also agreed with Councilman North and Councilman Adeler and urged that this be tabled. Councilman Amick did not agree with this, as he felt that the Council had already given the Soccer Association permission to erect a building on this park, and the precedent was.set at that time; he did not feel that the Council could now deny another association with a like request. At this -2- point, Mrs. Carroll clarified that in the beginning, the reason for allowing the construction of storage buildings was that the City in the past could not provide the sports associations with these facilities, and they were therefore allowed to provide their own storage at their own expense. Mayor Sample then called for a vote upon the amended motion, which failed by the following roll call vote: Ayes: Councilmen Amick and Dodds Noes: Councilmen North, Long, Adeler and Poole Mayor Sample Councilman Long then moved to allow the Flag Football Association to use the space in the concession stand for their storage needs. Seconded by Councilman Adeler, the motion passed by the following roll call vote: Ayes:Councilmen North, Long, Adeler and Poole Mayor Sample Noes:Councilmen Amick and Dodds Councilman Long then moved to table the question of the construc- tion of a storage building by the Flag Football Association on Turner Street Park, so that the Park and Recreation Board can attempt to get the two associations together to work something out. Seconded by Councilman North, this motion passed by the following roll call vote: Ayes: Councilmen North, Long, Adeter and Poole Mayor Sample Noes: Councilmen Amick and Dodds 5. CONSIDERATION OF ACCEPTANCE AND AWARDING OF A BID FOR CARDIO- SCOPE/MONITOR DEFIBRILLATOR, PORTABLE UHF MEDICAL RADIO AND MISCELLANEOUS EQUIPMENT Mayor Sample recognized Ms. Carroll, who stated that she wished to turn this over to Fire Chief Ronnie Gothard and Captain Van Morrison as they were the "experts" on this equipment. She did state that the staff recommendation would be to accept the low bid on the cardioscope/monitor defibrillator from Datascope Cor- poration. Mayor Sample asked if th~s equipment would be dependent upon a certain hospital for its use, and Chief Gothard answered that it would work with any medical facility. Councilman Long asked if anyone was present from Datascope, and Chief Gothard answered that no one was present from this firm. Councilman Long then asked if Datascope had a maintenance facility in this area, and Chief Gothard advised that they did and that they had advised him that they had a unit available as a "loaner" in case of a breakdown. Councilman Adeler asked about th~s loaner service, and Chief Gothard stated that he had been advised that they could supply this unit within four hours. The bids received were as follows: Physio Control Cardioscope/Monitor Arlington, TX Defibrillator $6,698.00 Datascope Corp. Cardioscope/Monitor Paramus, N.J. Defibrillator 5,742.00 Motorola Comm. & Cardioscope/Monitor Electronics, Inc. Defibrillator 6,935.00 Schaumburg, ILL. Telemetry Radio 5~814.00 Councilman North then moved to accept the bid ef $5,742.00 from Datascope Corp. for the cardioscope/monitor defii~rllla-tor and the bid cf $5,814.00 fror~ Motorola Co~nmunications & Electronics, Inc. for the telemetry radio. Seconded by Councilmsn Adeler, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None -3- 6. CONSIDERATION OF ORDINANCE AUTHORIZING CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF A CARDIOSCOPE/MONITOR DEFIBRILLATOR, PORTABLE UHF MEDICAL RADIO AND MISCELLANEOUS EOUIPMENT Mayor Sample read the following ordinance caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE FIRM OF DATASCOPE CORPORATION IN THE AMOUNT OF $5,742.00 FOR ONE CARDIOSCOPE/MONITOR DEFIBRILLATOR AND MISCELLANEOUS MEDICAL EQUIPMENT; ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; AND WITH THE FIRM OF MOTOROLA COMMUNICATIONS & ELECTRONICS, INC. IN THE AMOUNT OF $5,814.00 FOR ONE PORTABLE UHF MEDICAL RADIO; ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "B"; AND PROVIDING AN EFFECTIVE DATE. Councilman Dodds moved to approve this ordinance as presented. Seconded by Councilman Poole, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None 7. CONSIDERATION OF RECOGNITION OF MEMBERS OF THE COLONY FIRE DEPARTMENT AND THE COLONY VOLUNTEER FIRE DEPARTMENT THAT HAVE ATTAINED THE PARAMEDIC CERTIFICATION Mayor Sample stated that about one year ago, the City decided the Fire Department needed to get into Paramedic training, and this has been a very good decision in light of the fact that The Colony has been unsuccessful in its attempts to have a hospital within the City. He then asked that all of those who had attained the Paramedic certification who were present tonight to come forward to receive recognition and a pin, and he asked Councilman North to present these pins. Those attaining this certification were: Paid Staff Van Morrison Kenny Adamcik Mike Stapell Dave Wallace Jay Petty Volunteer Staff Bill Earhart Tracy Thomas Ed Wellman Phillip Walsh Mike Babb Johnny Ashman It was noted that Bill Earhart, Tracy Thomas and Ed Wellman were unable to attend tonight's meeting. Before continuing with the next agenda item, Mayor Sample called a brief recess. 8. CONSIDERATION OF RESOLUTION AUTHORIZING AN AGREEMENT TO REIMBURSE EXPENSES PER RUN TO THE MEMBERS OF THE COLONY VOLUNTEER FIRE DEPARTMENT Mayor Sample recognized Ms. Carroll, who reminded the Council that this reimbursement was agreed to by them during the budget process. She also advised that the Fire Department has been keeping records since October 1st on responses. Mayor Sample asked if the amount seemed to be in line so far with the budget, and Chief Gothard answered that it was. Mayor Sample suggested limiting the -4- total amount to be paid for this reimbursement. Ms. Carroll stated that Chief Gothard had advised that if there was not sufficient money in the budget, the Agreement could be changed by the City. Councilman Amick did not think that setting a limit would accom- plish anything and that this could be looked at in the future if it got out of line. Councilman North also did not see the need for any limitations at this time, but he did question the request that this be paid in one lump sum at the beginning of December, since the City's fiscal year is from October 1 to Sept. 30. Ms. Carroll stated that she did not think carrying this over into the next fiscal year would present any problem, as the funds will have been accrued. The Resolution read as follows: A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE AN AGREEMENT FOR EXPENSES OF THE VOLUNTEER FIREFIGHTERS. WHEREAS, the City of The Colony, Texas, (the "City") did review and study the types and amount of expenses incurred during the normal course of operation of The Colony Volunteer Firefighters (the "Firefighters") and did conclude that the same are necessary and reasonable; and WHEREAS, there is a necessity for the continued performance by the Firefighters of the functions provided in Ordinance No. 48 of the City;and WHEREAS, the City is agreeable to entering into the Agreement for Expenses of the Volunteer Firefighters, copy of which is attached as Exhibit A, with the Firefighters: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That all of the matter contained in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. Section 2. That the City Manager is hereby authorized and directed to enter into and execute the said Agreement for Expenses of the Volunteer Firefighters. PASSED this day of , 1983. /s/ LARRY D. SAMPLE, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY APPROVED AS TO FORM: /s/ CITY ATTORNEY Councilman Amick moved to adopt this Resolution as presented. Seconded by Councilman Dodds, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None 9. CONSIDERATION OF RESOLUTION CANVASSING THE RESULTS OF THE SPECIAL ELECTION CONDUCTED ON NOVEMBER 8, 1983, AUTHORIZING THE CITY TO SELL OR TRADE PARK LAND TO LISD FOR TEE CONSTRUC- TION OF A HIGH SCHOOL IN THE CITY Mayor Sample announced that he had received a call from Mr. Joe Irick, a member of the LISD School Board, stating· that he was impressed with the turnout for this election in The Colony and with the results. Mayor Sample then read the following Resolution: A RESOLUTION BY THE CITY OF THE COLONY, TEXAS, CANVASSING RETURNS AND DECLARING THE RESULTS OF A SPECIAL ELECTION HELD ON NOVEMBER 8, 1983. WHEREAS, the City Council of the City of The Colony, Texas, by ordinance duly passed and adopted, made provision for a Special Election to be held within said City on the 8th day of November, 1983, for the purpose of selling or trading 14.7 acres of Park Property described as Office Creek Park adjacent to Blair Oaks Drive to the Lewisville Independent School Distr~ct; and -5- WHEREAS, said City Council has investigated all matters pertaining to said election, including the ordering, giving notice, officers holding and making returns of said election; and the election officers who held said election have duly made the returns of the results thereof, and said returns have been duly delivered to said City Council for official canvassing of the returns thereof; and WHEREAS, upon the returns of the said election duly and legally made, and other instruments, showed the following results: FOR: 1019 AGAINST: 40 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That all the recitals contained in the preambles of this resolution are found to be true and correct and are hereby adopted as findings of fact by the City Council and are incorporated herein for all purposes as if they were set out in full in the body of this resolution. Section 2. It is further found and determined that the results of the election as canvassed and tabulated in the preamble thereof reflect the expressed desires of the electors and that a majority of the duly qualified, resident electors of the City voted in favor of the proposition as submitted at said November 8, 1983 Special Election. PASSED AND APPROVED this the day of , 1983. /s/ LARRY D. SAMPLE, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY APPROVED AS TO FORM: /s/ CITY ATTORNEY Councilman Dodds moved to approve the Resolution as presented. Seconded by Councilman North, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None 10. CONSIDERATION OF AN ORDINANCE CALLING A PUBLIC HEARING TO CONSIDER THE CITY SELLING OR TRADING 14.7 ACRES OF PARK PROPERTY TO THE LISD Janice Carroll, City Manager, explained that this ordinance would have to be published for three consecutive weeks in The Colony Courier prior to the holding of the Public Hearing, and that after the third publication, an entire week must pass before the date of the Hearing. She stated that, based on these requirements, the Hearing would have to be held on Wednesday, December 14th. This date would also meet the 30-day notice requirement to the City Manager and Dr. Burkett of LISD. Mayor Sample then read the caption and portions of the following ordinance: ORDINANCE CALLING A PUBLIC HEARING PURSUANT TO AND IN ACCORDANCE WITH TEX. REV. CIV. STAT. ANN., ART. 5421Q THE STATE OF TEXAS, COUNTY OF DENTON, CITY OF THE COLONY WHEREAS, the City Council is considering the possibility of selling or trading 14.7 acres of Park Property ("Subject Property") described as Office Creek Park adjacent to Blair Oaks Drive to the Lewisville Independent School District; and WHEREAS, an Election has been called for November 8, 1983 requesting the voters to give the City the authority to sell or trade Subject Property to the Lewisville Independent School District; and WHEREAS, Tex. Rev. Civ. Stat. Ann. Art. 5421Q requires the City to conduct a Public Hearing prior to taking any action that contemplates the use of Park Property for other than Park purposes. -6- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL (DF THE CITY OF THE COLONY: Section 1. A Public Hearing is hereby called and is to be held at the City Hall, 5576 North Colony Blvd., The Colony, Texas, at 7:30 p.m. on the 14th day of December, 1983, pursuant to Tex. Rev. Civ. Stat. Ann., Art. 5421Q for the purpose of determining whether the sale or trade of Subject Property to the Lewisville Independent School District meets the following tests: A. That there is no feasible and prudent alternative to the use or 'taking of such land; and B. That such program or project ~ncludes all reasonable planning to minimize harm to such land as a park. Section 2. Nctice of the Public Hearing shall be g~ven to the City Manager of the City of The Colony and the Superintendent of Scheols for the Lew~svil]e Independent School District at least thirty (30) days in advance of the Hearing. Not~ce shall also be given by publishing a copy of this ordinance once a week for three (3) consecutive weeks ~n a newspaper of general circulation with the last days of publication being not less than one (1) week or more than two (2) weeks prior to the Hearing. /s/ LARRY D. SAMPLE, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY APPROVED AS TO FORM: /s/ CITY ATTORNEY Councilman Dodds moved to approve this ordinance as presented. Seconded by Councilman Poole, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None 11. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE FIRM OF FRS DESIGN GROUP FOR THE PURPOSE OF PLANNING AND CONSTRUCTION OF A MUNICIPAL COMPLEX Mayor Sample read the following ordinance caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE FIRM OF FRS DESIGN GROUP IN THE AMOUNT OF FOR THE PLANNING AND CONSTRUCTION OF A MUNICIPAL COMPLEX; ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Ms. Carroll clarified that the amount would be five and one-half percent of the total cost. Councilman Poole moved to approve this ordinance. This motion was seconded by Councilman North. Councilman Amick stated that it was his understanding that once the contract was entered into, the City was obligated to make certain payments to the architects as they completed certain stages in the construction, up to 80% of the contract, and he did not feel that the Council would be acting in a responsible manner to pass this ordinance tonight, since the money is not yet available to pay for this project. Councillnan Amick then moved to table this motion. Th~s motion to table was seconded by Councilman Dodds, and passed by the following roll call vote: Ayes: Councilmen Long, Adeler, Amick and Dodds Mayor Sample Noes: Councilmen North and Poole Mayor Sample called for a brief recess before continuing to the next agenda item. 13. CONSIDERATION OF PLACING THE COLONY VOTING ENTITLEMENT FOR A CANDIDATE OR CANDIDATES TO SERVE ON THE TAX APPRAISAL DISTRICT BOARD FOR A TWO-YEAR TERM -7- 0016i. s Ms. Carroll stated that the Council had in thelr packets a letter from County Clerk Mary Jo Hill glvlng The Colony's voting entitle- ment of 137 votes, a 11st showlng the voting entitlements of other asea taxlng entities, The Colony's ballot and information from the Northwest Independent School Dlstrlct regarding Mr. Jori Beck, one of the candidates. Ms. Carroll updated the Council on how some of the taxlng entltles had placed their votes, and she stated that she was concerned that Joe Turner get an adequate number of votes to be back on the Board. Councilman Long then moved that the Council split 1ts vote between Mr. Joe Turner and Mr. Herb Barnhart, g~vlng 69 votes to Turner and 68 votes to Barn- hart. Councilman Amick seconded this motion. Councilman Dodds then asked if this would assure Mr. Turner's election, and Mayor Sample answered that, ~n his opinion, it would not, and he felt that Councilman Long's motion was ill-advised. Councilman North then asked if each Council member could be given a certain number of votes (one-seventh of 137) to vote as they chose. Councilman Amick asked the reason that Mayor Sample felt this would not assure Mr. Turner's election, and Mayor Sample answered that he had had discussions with Mr. Barnhart who had told him that he already had the number of votes he needed; Mayor Sample stated that at this time Mr. Turner did not have the number of votes he would need to be elected. At this point, Mayor Sample called for a brief recess. Upon reconvening after their recess, Councilman Amick withdrew his second to the motion made by Councilman Long to split the 137 votes between Turner and Barnhart. Mayor Sample then stated that the motion failed due to lack of a second. At this time, Councilman North moved to place all 137 votes for Joe Turner to be appointed to a two-year term on the Denton County Tax Appraisal District Board. This motion was seconded by Councilman Poole. Prior to voting, Councilman Long stated that this govern- mental body would receive its best support from the office of Tax Assessor/Collector, and this person, Herb Barnhart, should serve on the Tax Appraisal District Board. At this time, Mayor Sample called for a vote on the motion on the floor. The motion carried by the following roll call vote: Ayes: Councilmen North, Adeler, Dodds and Poole Mayor Sample Noes: Councilmen Long and Amick 12. CONSIDERATION OF APPROVAL OF STREET LIGHTS IN SUBDIVISION NO. 28 After a brief discussion, Councilman Dodds moved to approve these lights with the addition of the new street light locations noted by Mr. Bradburry. This motion was seconded by Councilman Poole. Councilman Amick then asked exactly where the lights had been requested to be added. After another brief discussion, Councilman Amick moved to table this motion, and refer this matter back to Mr. Bradburry. This motion to table was seconded by Councilman Long, and passed by the following roll call vote: Ayes: Councilmen Long, Adeler and Amick Mayor Sample noes: Councilmen North, Dodds and Poole 14. CLOSED DOOR SESSION DEALING WITH PERSONNEL AS AUTHORIZED BY ARTICLE 6252-17 OF VERNON'S ANNOTATED CIVIL STATUTES, AS AMENDED A. MUNICIPAL PROSECUTOR B. BOARD APPOINTMENTS Mayor Sample announced that the Council would now meet in a closed- door session concerning the above matters. 15. CONSIDERATION OF BOARD APPOINTMENTS A. PARKS AND RECREATION BOARD B. HOUSING FINANCE CORPORATION -8- Upon reconvening in open session, Mayor Sample announced that no action would be taken on board appointments. There being no further action to be taken by the Council, Councilman Dodds moved that the meeting be adjourned. Seconded by Councilman North, the motion passed by the following vote: Ayes: All members present voted aye Noes: None Mayor Sample adjourned the meeting at 12:35 a.m. ATTEST: JANICE CARROLL, CITY SECRETARY -9-