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HomeMy WebLinkAbout04/07/1986 City Council 00229,-i MINUTES OF THE CITY COUNCIL MEETING HELD ON APRIL 7, 1986 The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order at 7:15 p.m. at City Ha]], on the 7th day of April 1986 with the following members in attendance: Larry D. Sample Mayor Rick Harris Councilman Tom Arrambide Councilman Don Amick Councilman Marlene Poole Councilman and with Councilman Dodds and Councilman Gray absent due to personal business, however there was a quorum established and the following items were addressed: 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S, SECTION 2E AND SECTION 2G, REGARDING PENDING LITIGATION AND BOARD APPOINTMENTS 2. PLEDGE OF ALLEGIANCE Mayor Sample ]ed the audience and the Council in the Pledge of Allegiance to the flag of the United States of America. 3. CITIZEN INPUT Citizens living on Chowning Cir. were present and asked the Council questions regarding the re-zonging of the property just south of their residences. Mayor Sample explained that those homes had been a mode] complex in 1980 and that he had encouraged them to come before the Council. The Mayor addressed the "Cottage Zoning" which had taken place at the time of construction of their homes and that zoning had allowed an area of Genera] Retail. The citizens wanted to know their options. Janice Carrol! stated that Fox & Jacobs had been contacted and that they have no intention of selling that area as General Retail and that the City will probably have to change the zoning to Residen- tia]. The citizens were worried about the surrounding zoning of General Retail done in 1978/79. Mayor Sample asked if Fox and Jacobs would create a buffer, perhaps a 6' masonry wa]] to separate the retail from the residential. Mayor Sample went on to say that the property the citizens live on is probably very valuable and the owners could very possibly be approached by developers and they (the owners) should consider their options, stating all the owners should discuss before trying to get the zoning changed. Mayor Larry Sample said that every year on the first Saturday in April there is an election in the City. The Mayor stated that this past election bothered him due to the misinformation and smear tactics used in campaigning. Mayor Sample said he hopes future candidates will not do that and that the voters will see through it if they do. Mayor Sample went on to say tha~ some erroneous information was given and that he wanted to correct it publicly: 1. There is no $400,000.00 cost over-run on the pool 2. That information was not provided by a councilmember or member of the City staff. 3. There have been no illegal closed meetings of the Council 4. This was not the first contested race in Place 6 5. There are no cracks inthe parking lot of the pool 6. There were no comments such as "The dog doesn~,t bite the hand that feeds it." "You scratch my back, I']] scratch yours." The Mayor stated that this is irresponsible politics. 4. MAYORAL PROCLAMATION SUPPORTING THE EPSILON SIGMA ALPHA ANNUAL BLOOD DRIVE Deanie Westfa]l of the E.S.A. chapter spoke regarding the Blood Drive and presented Mayor Sample with a T-shirt stating that anyone giving 002295 blood this year would receive a shirt. Westfall said the drive is on April 20 at Amreins Child Development Center on Paige Rd. Mayor Sample then presented the following Proclamation to Ms. Westfall: WHEREAS, THE CITIZENS OF THE COLONY HAVE TRADITIONALLY EXTENDED A HELPING HAND TO THEIR FELLOW CITIZENS; AND WHEREAS, EPSILON SIGMA ALPHA, IN CONJUNCTION -- WITH PRESBYTERIAN HOSPITAL, WILL SPONSOR THEIR ANNUAL BLOOD DRIVE ON APRIL 20, 1986; AND WHEREAS, FOR EVERY PINT OF BLOOD DONATED DURING THIS DRIVE, THE COLONY'S BLOOD CLUB ACCOUNT WILL RECEIVE A CREDIT EQUAL TO THE C~DST_-_ OF ONE BLOOD TRANSFUSION; NOW, THEREFORE, I, LARRY D. SAMPLE, MAYOR OF THE CITY OF THE COLONY, TEXAS DO PROCLAIM THE ANNUAL BLOOD DRIVE SPONSORED BY EPSILON SIGMA ALPHA TO BE A VALUABLE CONTRIBUTION TO OUR COMMUNITY AND URGE ALL CITIZENS OF THE COLONY TO PARTICIPATE. DATED THIS 7th DAY OF APRIL, 1986 5. CONSIDERATION OF THE DISPOSITION OF ZONING CASE #85-14 REGARDING THE 205 ACRE TRACT OF LAND WEST OF FM 423 Councilman Amick moved to withdraw the zoning case and Councilman Poole seconded the motion which carried with a unanimous roll call vote. 6. CONSENT AGENDA Councilman Amick requested that items # E & F be removed from the Con sent Agenda for discussion. A. CONSIDERATION OF THE APPROVAL OF THE MINUTES FROM THE MARCH 11 AND MARCH 17, 1986 COUNCIL MEETINGS Councilman Amick moved to approve the minutes as written. Coucnilman Poole seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF RATIFICATION OF PRELIMINARY AND FINAL PLAT FOR CARLISLE PROPERTIES, LOCATED ON THE WEST SIDE OF FM 423, JUST NORTH OF MCDONALDS Councilman Amick moved to approve the ratification as presented and Councilman Poole seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF FIVE (5) PORTABLE RADIOS FOR THE POLICE DEPARTMENT Councilman Amick moved to accept and award the bids to Bellar Communication as recommended by staff. Councilman Poole seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF FIVE (5) PORTABLE RADIOS FOR THE POLICE DEPARTMENT Councilman Amick moved to approve the Ordinance as written and with a second from Councilman Poole, the motion carried with a unanimous roll call vote. 002296 E. CONSIDERATION OF ACCEPTANCE OF AN UPDATED BASE ZONING MAP AS PREPARED BY JONES-FRIEBLE CONSULTING ENGINEERS INC. Janice Carroll presented the map and stated that any new or recent changes not shown on this map would be corrected be for the final copy is made. Councilman Amick asked who on the staff had reviewed it to ensure its accuracy and Janice Carroll stated that she and the City Secretary, Patti Jones had worked with the firm on the annexations and that Eric Stanton had then reviewed the map for accuracy. F. CONSIDERATION OF A RESOLUTION AUTHORIZING THE PURCHASE OF USED CONCESSION EQUIPMENT IN LIEU OF THE SEALED BID PROCEDURE FOR THE COLONY AQUATIC PARK Councilman Amick moved that this item be table until the April 21, 1986 meeting so that another member of staff can view the equipment with Mr. Don Jost. Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. G. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO AMEND THE TELAMON CONSTRUCTION CONTRACT FOR THE COLONY AQUATIC PARK. Councilman Amick moved to approve the Ordinance as written, and with a second from Councilman Poole, the motion carried with a unanimous roll call vote. H. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY RELATING TO PARKS AND RECREATION BY ADDING A NEW SECTION 14-9 GOVERNING PARKS ADMINISTERED BY THE UNITED STATES ARMY CORPS OF ENGINEERS WITHIN THE CORPORATE LIMTIS OF THE CITY. Councilman Amick moved to approve the Ordinance as written and with a second from Councilman Poole, the motion carried with a unanimous ro]l call vote. 8. CONSIDERATION OF THE PROCEDURE FOR ISSUANCE OF STEWART'S CREEK PARK PERMITS Sylvia Brantley of the Park and Recreation Department stated that Daily Permits have been difficult to enforce for the 12 hour period, and that a 24 hour permit is being recommended by Park and Rec- reation and the police department. Mayor Sample stated that he thinks most persons going in have a yearly permit and people coming for the day should have a permit that cuts off at a specific time. Council- man Harris said that he feels the daily permit should expire at the end of the day. Chief Ristagno stated that he feels the 24 hour permit is more fair and easier to enforce. Mayor Sample said he doesn't like the 24 hour permit and feels like the permits should expire at 12 mid- night. The Mayor then asked for a concensus on daily permits. The Council Consensus was to issue the daily permits to expire at 12 midnight on the day of issue. Councilman recommended posting a sign reflecting this change. Councilman Amick said there should be a sign reflecting that campers need a permit if going to stay overnight. Councilman Amick also said that people are parking outside the gate and walking into the park without getting a permit and that there should be no parking allowed in that area. Chief Ristagno said that there is a sign that states "Permit needed beyond this point". 9. CONSIDERATION OF PERSONNEL STAFFING RECOMMENDATIONS FOR STEWART'S CREEK PARK AND REVIEW OF DEVELOPMENT PLANS. Janice Carroll said one reason the park permits came into being was to raise revenue to develop the park, stating that staff recommends personnel be hired to work at the gate and to maintain the park. Mayor Sample, after hearing and reading through the proposal stated that this proposal was piece meal and that he would like the proposal to be done all at once. with a projection on what will be done next year. There followed a lengthy discussion regarding expenditures for the coming year and what maintenance people will be doing and if it would be necessary to hire additional personnel. 00229, At this time, Councilman Poole moved to table this item until April 21, meeting for staff to prepare complete budget, Councilman Arrambide seconded the moiton which carried with a unanimous roll call vote. 7. GONSIDERATON OF AN ORDINANCE CANVASSING THE RESULTS OF THE APRIL 5, 1986 GENERAL ELECTION, AND AN ORDER GALLING A RUN-OFF ELECTION, IF REQURIED. Mayor Sample read the caption of the Ordinance as written: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON APRIL 5, 1986, FOR THE PURPOSE OF ELECTING FOUR (4) COUNCIL: PERSONS, PLACE 3,PLACE 4,PLACE 5, AND PLACE 6, OF THE CITY OF THE COLONY, TEXAS, DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE The Mayor then read off the number of votes received by each candidate: FOR GOUNGILPERSON PLACE 3 Helen Gray 34 Norman H. Adeler 36 David W. Dye, III 80 FOR COUNCILPERSON PLACE 4 Thomas Nofsinger 16 bon Amick 128 Marion Ragsdale 18 FOR COUNCILPERSON PLACE 5 Harvey Bradley 129 Charles Dodds 63 FOR COUNCILPERSON PLACE 6 Presley Hutchens 38 Marlene Poole 81 Councilman Harris moved to approve the Ordinance as written and Councilman Arrambide seconded the motion. Mr. Norman Adeler was present at the meeting and did want it noted in the minutes that there were some irregularities at the polls regarding Place 3 and Place 6. Mr. Adeler stated that some of the voters had been given the wrong ballots to vote. Mayor Sample said that the City Secretary had made him aware of this situation that the number votes in question would not have made a difference in the election but that in the future there would be precautions made against such irregularities. It was stated that the maps need to be clarified in regard to the lines for each place. The motion carried with a unanimous roll call vote. 10. CONSIDERATION OF THE APPROVAL OF THE PURCHASE OF GRAVEL FOR THE PARKING LOT AT TURNER STREET PARK FROM PARK AND RECREATION BOND FUNDS. Janice Carroll referred to Jerry Van-y's memo stating that it cost $5000.00 to gravel the parking at Turner St. Councilman Amick asked if this had not already been approved. Carroll stated that the approval was for the new parking lot across the street, saying that the money would be coming from the left over money in those bond funds. Mayor Sample said that in the future when a request is made to expend bond he would like to see where the money is coming from and how much is left in that particular account. Gouncil- man Poole wondered if two lots would be enough to accomdate everyone. Councilman Harris said he feels that with both lots there will be adequate parking. Councilman Harris moved to approve the purchase of gravel for the parking and Councilman Amick seconded the motion 002_o which carried with a unanimous roll call vote. 11. RECEIVE REPORT FROM THE POOL DIRECTOR ON THE STATUS OF THE COLONY AQUATIC PARK. Mayor Sample stated that he was very impressed with the pool and that the City should be very proud of such a facility. The Mayor went on to say he would like to see a lot of press on the opening. Councilman Amick concurred stating that he was especially impressed with the lagoon. Janice Carroll went over the various programs offered and the hiring of personnel and the fees to be charged. Carroll went on to say that the opening will probably on May 24, 1986. Don Jost, Pool~ Director showed the shirts and hats to be worn by the staff and explained more fully some of the programs and outlined his requirements for life guards and swim instructors. 12. RECEIVE BUDGET REPORT ON FISCAL YEAR 1985/86 FROM CITY MANAGER Mayor Sample asked for a Council Concensus to review table this item until April 21, 1986 meeting. There was a concensus to do so. At this time Council again went into CLOSED DOOR to discuss board appointments. After reconvening in open session, Councilman Amickmoved to adjourn the meeting and Councilman Poole seconded the motion which carried with all members voting Aye. APPROVED: ATTEST: ~etary [SEAL]