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HomeMy WebLinkAbout06/03/1985 City Council 002017 MINUTES OF THE CITY COUNCIL HELD ON JUNE 3, 1985 The 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 Rick Harris Councilman Thomas Arrambide " Helen Gray " Don Amick " Charles Dodds " Marlene Poole " and with all members present, a quorum was established. 1. PLEDGE OF ALLEGIANCE Mayor Sample led the audience and members of the Council in the pledge of allegiance to the United States flag. 2. CITIZEN INPUT There was no one who wished to speak on any subject other than the posted agenda items. 3. CONSIDERATION OF APPROVAL OF MINUTES Councilman Amick moved to approve the minutes of the November 19, 1984, May 6, 13 & 20th, 1985 meetings as written. Seconded by Councilman Gray, the motion carried with a unanimous vote. At this point, Mayor Sample addressed the item posted on a supplemental agenda as follows: 1. RECEIVE REPORT FROM THE CITY/MUD FEASIBILITY STUDY COMMITTEE Councilman Amick read aloud the following prepared statement: The undersigned City Council Committee appointed to review the study entitled "Feasibility Study of Consolidation of the City of The Colony and The Colony Municipal Utility District #1" prepared by Ray Associates, Inc. of Austin, Texas dated April 15, 1985, hereinafter referred to as "study" has reviewed the most recent draft of the study in conjunction with the citys Financial Advisor and City Attorney. In addition to a review and analysis of the study, the members of the committee along with the citys financial advisor and city attorney met with Mr. Jim Ray, of Ray Associates, Inc., and two of his associates and a committee from the Municipal Utility District accompanied by its general counsel. During the above described meeting with Mr. Ray, a substantial number of questions were posed and it was pointed out that in some instances relevant facts were not addressed or considered. Mr. Ray has been given an opportunity to address the questions posed and the need to consider inclusion of the factual data that was left out of the study. At this time, consequently, the committee cannot recommend the study be accepted or the final payment be made. The committee recommends that a copy of this report be forwarded to Ray Associates, Inc. along with a request that a response and final study be submitted on or before June 13, 1985 in order for the City Council to consider same during its meeting of June 17, 1985 and further that Mr. Jim Ray be given an opportunity to appear before the City Council at such time as the study is considered. /s/ Marlene Poole, Committee Member /s/ Don Amick, Committee Member 002018 With no questions from the Council or members of the audience, Mayor Sample proceeded with the regular agenda items as follows: 4. CONSIDERATION OF PRESENTATION HONORING SHARON CHILDERS BY THE CITY AND THE COLONY JAYCEES Mayor Sample began the presentation by reading aloud a Mayoral Proclamation and presenting Sharon Childers her battered stop sign and badge. Patti Jones, Police Department Secretary, then presented her with a plaque of appreciation for her dedicated service. Finally, Mr. Joe Dye representing The Colony Jaycees presented her with their first Community Appreciation Program Award. She made a brief statement and indicated that she would be back some day. 5. CONSIDERATION OF PRESENTATION AND RECOGNITON OF lOTH ANNIVERSARY OF THE COLONY VOLUNTEER FIRE DEPARTMENT City Manager Janice Carroll, gave a brief history of the Volunteer Fire Department. It began with a donation of two fire trucks and the old red barn from Fox & Jacobs back in June of 1975. Mayor Sample presented Mr. Wayne Scott and Mr. Ric Cartier with plaques of appreciation for 10 years of dedicated service to the Volunteer Fire Department. They are the only two charter members that are still active in the organization. Fire Chief Gothard made a brief statement thanking all the past and present volunteers and their families for their time and support over the years. Mr. Scott and Mr. Cartier took a moment to say a few words regarding their memories and past experiences as a volunteer. They announced the annual Donkey Baseball game would be held June 18th. Councilman Gray then made a motion to proclaim the week of June 3rd as Volunteer Fire Department Week in The Colony. Seconded by Councilman Dodds, the motion carried with a unanimous roll call vote. 6. CONSIDERATION OF APPROVAL OF AN ADOPT-A-PARK PLAN AS SUBMITTED BY THE BETA SIGMA PHI Sylvia Brantley, Parks & Recreation Supervisor and Deb McDaniel representing the Beta Sigma Phi gave a presentation regarding the sororities five year master plan for Keys & Newton pocket park. It was briefly as follows: 1st and 2nd Years: sign, sprinkler syetem, begin landscaping and flower beds 3rd and 4th Years: continue landscaping, install playground equip- ment, picnic tables and benches 5th Year: completion, enhancement and lights Mrs. McDaniel said that there are seven chapters of Beta Sigma Phi in The Colony w~.th a total of approximately 90 women. They have already begun fund raising activities for the development of this park. Councilman Harris said he would like residents of the immediate neighborhood to be able to have some sort of input on the develop- ment of thier neighborhood park. Mrs. McDaniel advised him that citizen input would be welcomed. She went on to say they are considering the name of Beta Sigma Phi Friendship Park. Councilman Dodds then made the motion to approve the plan as presented. Seconded by Councilman Gray, the motion carried with a unanimous roll call vote. 7. CONSIDERATION OF APPROVAL OF AN ADOPT-A-PARK PLAN AS SUBMITTED BY THE BOY SCOUTS 00201 Mr. David Cassidy was present representing the Boy Scouts. He gave a brief presentation regarding their plans for what is presently referred to as Latimer Circle Park. They hope to call the park "Scout Park". It would be used primarily for training and ceremonial activities by the scouts . He said the development would be a joint effort of the Boy Scouts and the Girl Scouts in the Colony. The following is a brief outline of their five year development plan. First Year - plant trees along Newton St., erect a sign, install a swing set Second Year- erect a flagpole, light, plant more trees, install a table and barbeque pit Third Year- finish planting trees along newton, install another barbeque, bench and table Fourth Year- plant some large trees along N. Colony, install see-saw Fifth Year- erect a bridge across drainage area leading into the pond, put in parking, add another table and bench There was some discussion regarding the natural spill way from the pond and a couple other low lying areas where water stands for long periods of time after a heavy rain. Mr. Cassidy suggested that possibly fill dirt could be brought in to fill in the problem areas. City Manager Janice Carroll advised him that the City Engineer would have to look at the area to determine what could be done so that the natural drainage would not be negatively impacted. Councilman Dodds made the motion to approve the five year plan as submitted. Seconded by Councilman Poole, the motion acrried with a unanimous roll call vote. 8. CONSIDERATION OF AN ORDINANCE AMENDING ORDINANCE #61 GRANTING A CHANGE OF ZONING ON APPROXIMATELY 457.0480 ACRES OF LAND TO OF-l, OF-2, AND BUSINESS PARK Councilman Poole advised everyone present that a meeting was held on Friday, May 31st with representatives of Fox & Jacobs to discuss the proposed zoning. To date, no response has been recieved from F & J on the requests that were made. She then moved to table this item until the next regular scheduled meeting so that the Council and legal counsel can review a completed document prior to voting it. Councilman Harris seconded the motion which passed with the following vote: Ayes: Councilmen Harris, Arrambide, Gray, Amick, Dodds and Poole Noes: None Abstentions: Mayor Sample 9. CONSIDERATION OF AN ORDINANCE AMENDING ORD #61 GRANTING A CHANGE OF ZONING ONPROPERTY GENERALLY KNOWN AS SUITE 314, LOCATED AT 5000 FM423 (MAIN STREET) (BILLYS LIQUORS) TO SPECIFIC USE PERMIT TO INCLUDE ADDITIONAL SPACE The Ordinance Caption reads as follows: ORDINANCE # 345 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ORDINANCE N0.61, AS AMENDED, PASSED AND APPROVED ON JUNE 4, 1979, THE SAME BEING APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY FO THE COLONY, TEXAS, BY GRANTING AND APPROVING A SPECIFIC USE PERMIT FOR A BEVERAGE STORE IN THE SC, SHOPPING CENTER DISTRICT AND LOCATED WITHIN THE AREA OF THE STRUCTURE DESIGNATED ON THE PRELIMINARY SITE PLr. N ATTACHED AS EXHIBIT "A" AS A FORTY-FIVE (45') BY FIFTY-FIVE FOOT (55') AREA AND KNOWN AS SUITE 312 AND SUITE 314 LCOATED AT 5000 FM423; PROVIDING FOR CERTAIN CONDITIONS OF APPROVAL; REQUIRING COMPLIANCE WITH THE SITE PLAN;CORRECTING THE OFFICAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGE AND AMENDMENT HEREIN MADE; PROVIDNG A PENALTY OF NOT LESS THAN ONE DOLLAR NOR MORE THAN ONE THOUSAND DOLLARS FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. 10. CONSIDERATION OF A RESOLUTION SUPPORTING A PROPOSAL FOR FUNDING OF PUBLIC LIBRARY SERVICES BY DENTON COUNTY Mayor Sample read aloud, what was to become, Resolution #85-08. Councilman Harris made the motion to approve the resolution. Seconded by Councilman Arrambide, the motion carried with a unanimous roll call vote. 11. CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO PURCHASE BOOKS FOR THE LIBRARY DEPARTMENT City Manager Janice Carroll said the Library is expecting to come in approximately $3,000 under budget due to personnel changes in this budget year. Therefore, if that $3,000 is used for books, it would only be necessary to transfer approximately $2,000 from contingency reserve. Councilman Poole added, that the books purchased would primarily be required reading material and reference books that would enable our library to gear up for the opening of the new High School. Councilman Amick made the motion to authorize the City Manager to purchase the $5,000 worth of books and materials. Seconded by Councilman Dodds, the motion carried with a unanimous roll call vote. 12. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF SIGNALIZATION EQUIPMENT AT FM544 AND CRIDER ROAD City Manager Janice Carroll advised Council that the quarterly lease payment is due on this signalization equipment and we now have the option to continue the lease or purchase the equipment outright for $3,800. It was also discussed,that when the State Highway Department installs permanent signalization equipment at this intersection, we will move the equipment to another location within the city. Councilman Dodds made the motion to authorize the City Manager to purchase the equipment in the amount of $3,800. Seconded by Councilman Poole the motion carried with a unanimous roll call vote. 13. REVIEW OF PROPOSED BOND EXPENDITURES FOR THE DEVELOPMENT OF B.B. OWENS AND TURNER STREET PARK FACILITIES There was a lengthy discussion regarding whether or not to install an above ground or below ground sprinkler system, since the actual park itself is in Friscos' E.T.J. City Manager Carroll advised that she would get a legal opinion from the city attorney. Mr. Jerry Van-Y, Director of Public Works, advised the Council that either way would be fine but stressed the necessity of moving on this quickly before the grade is washed away and in order for the grass to have to complete growing seasons. Councilman Harris,speaking with regards to Turner Street Park, said it will be necessary to run an additional sprinkler line between the playing fields and the parking lot. The rest of the Council was in agreement. Following some additional discussion, Councilman Amick made a motion to approve drainage improvements, seeding and sprinkling of the playing fields and park at the B.B. Owens site and to expand the parking, drainage improvements, top soil, seeding and sprinkling of the playing fields and the park area to include the area between the parking lot and playing fields at Turner Street Park and have the under ground method of sprinkling at B.B. Owens Park contingent on an opinion from the attorney. Seconded by Councilman Harris, the motion carried with a unanimous roll call vote. 00202 15. CONSIDERATION OF APPOINTMENT OF MAYOR PRO-TEM Councilman Harris made the motion to reappoint Councilman Amick as Mayor Pro-Tem. Seconded by Councilman Dodds, the motion carried with a unanimous roll call vote. 14. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17 OF V.A.C.S. SECTION 2G REGARDING APPOINTMENTS Mayor Sample announced the Council would reconvene in open session later in the evening to possibly consider the board appointments. 16. CONSIDERATION OF APPOINTMENT OF MUNICIPAL COURT JUDGE Councilman Harris moved to table this item at this time until the Council has time to further review the resumes received. Seconded by Counclman Dodds, the motion carried with a unanimous roll call vote. 17. CONSIDERATION OF APPOINTMENT OF ALTERNATE MUNICIPAL COURT JUDGE Councilman Amick moved to table. Seconded by Councilman Harris, the motion carried with a unanimous roll call vote. 18. CONSIDERATION OF APPOINTMENTS TO THE FINE ARTS COMMITTEE Councilman Poole moved to table. Seconded by Councilman Dodds, the motion carried with a unanimous roll call vote. With no further action to be taken by the Council at this time, Council- man Dodds moved to adjourn. Seconded by Councilman Harris, the motion carried with a unanimous vote. Mayor Sample formally adjourned the meeting at 12:25 a.m. Approved: Atte~ ~ ~l~a-t--~m~, ~,yi/ty Secretary SEAL