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HomeMy WebLinkAbout05/28/1986 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON MAY 28, 1986 The SPECIAL SESSION of the City Council was called to order at 7:30 p.m. on the 28th day of May, 1986 at Fire Station No.2, with following members in attendance: Larry D. Sample Mayor Rick Harris Councilman David W. Dye, III Councilman Don Amick Councilman Harvey Bradley Councilman Marlene Poole Councilman with Councilman Arrambide absent, due to business, a quorum was established and the following business was~ addressed: 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2E, REGARDING LITIGATION: A. NORTH DALLAS JETPORT Upon reconvening in open session, Mayor Sample explained the city's attempt to intervene in the P.U.C. Hearing regarding moving of the T.P & L. lines through our City, stating that this item will go back to the P.U.C, on Friday. Mayor Sample said that he had met with the developers of the airport, Doell-Morse of Friday and had discussed air traffic over The Colony and the possibility of moving the path of the runway, the noise factor this airport would bring about, and some height restrictions. The City Attorney's office had prepared an agreement to be executed by both the City and Doell-Morse, Inc. regarding these items in question. (See attached Exhibit "A") Mayor Sample noted that an additional item "G" would be inserted into the agreement that would deal with the alignment of the runway, not being directly over the City. 2. CONSIDERATION OF AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH DOELL-MORSE PROPERTIES REGARDING THE REGULATION OF AIR TRAFFIC FROM THE NORTH DALLAS JETPORT OVER THE CITY OF THE COLONY (Agreement attached as Exhibit "A") Councilman Poole mvoed to authorize the Mayor to enter into such agreement with items A - G regarding the North Dallas Jetport, Councilman Harris seconded the motion which carried with all members voting Aye. It was noted that Doell-Morse had not yet accepted this agreement. 3. CONSIDERATION OF AUTHORIZING THE CITY ATTORNEY TO PROCEED WITH A CLASS ACTION SUIT AGAINST DOELL-MORSE PROPERTIES, OWNERS OF NORTH DALLAS JETPORT. Councilman Amick moved that in the event the agreement is rejected the City Attorney is authorized and directed to investigate and evalu~-- ate the ramifications of a class action law' suit and bring those findings back to the Council. Councilman Poole seconded the motion which carried with all members voting Aye. Councilman asked if the Mayor would entertain another motion and with the Mayor's permission, Councilman Amick mvoed to direct the City Attorney to provide an amendment to the Noise Ordinance addressing items A, B, & E of the above mentioned agreement and to direct the City Manager to coordinate with the E.P.A. And the Lewisville Independent School District regarding the impact on the property in the flight pattern of the airport on which the new elementary school is to be built. Councilman Poole seconded the motion which carried with all members voting Aye. At this time Mr. Dick Schuyler spoke from the floor and asked why the City is always filing suit against companies and felt that this action would be detrimental to the city. St eve Withers also spoke up and said that the City doesn't have a good track record in the area of suits. Mayor Sample said that the City has not filed suit against a company to his knowledge. At this time, Mayor called for Council to go back into CLOSED DOOR. Upon reconvening in open session and with no further business to address, Councilman Amick moved to adjourn and Councilman Poole seconded the motion which carried with all members voting Aye. Mayor Sample adjourned the meeting at 11:55 p.m. APPROVED: l L~~ar~ D~. a~"~'~ple~, l%Iayor ATTEST: Patti Jones, (.~ity Secretary [SEALI EXHIBIT "A" STATE OF TEXAS § COUNTY OF DENTON § AGREEMENT RELATIVE TO FRISCO AIRPORT WHEREAS, Frisco Airport Partners, Inc., (referred to as "Partners"), a Texas Corporation with its home office in , is the owner of certain hereinafter described property located within the City of Frisco, Texas; and WHEREAS, the property owned by Partners is all of that lot, tract and parcel of land containing approximately acres (which property is referred to as "Airport") and is described by metes and bounds on Exhibit "A" and is further shown on the map that is labeled Exhibit "B", both Exhibits being attached hereto and incorporated herein; and WHEREAS, Partners have given notice of their intention to construct, own and operate a privately owned airport that is open to the public within the Airport (the term Airport shall include the land and all improvements to the land); and WHEREAS, the Airport lies approximately due north of the City of The Colony, a Home Rule City, referred to as the "Colony", located in Denton County, Texas and containing approximately residents; and WHEREAS, the City Council of the Colony and hundreds of its citizens, as expressed in written petitions, have stated serious concerns, reservations and objections about the Airport being constructed and operated at the subject location within feet of the Colony's northerly border; and WHEREAS, the Colony has expressed concerns about the possible adverse impact on property values, comfort of living, health and safety of the City's citizens in the event the Airport is constructed and operated; and WHEREAS, the Partners have expressed their opinion that the Airport will not harm or endanger the property values, health and safety of the citizens of the Colony; and WHEREAS, the Partners have expressed a willingness to enter into an Agreement with the Colony in its capacity as a municipal government and as a representative of a class, namely the taxpayers, residents and citizens of the City of the Colony; which Agreement would encompass the areas of concern stated by the Colony and its citizens; and WHEREAS, the Agreement is to afford the Colony and its citizens a level of comfort and protection that would protect it from the substantial harm that is feared. NOW, THEREFORE, the parties, the Colony and the Partners, for and in consideration of these mutual promises do hereby covenant, pledge, promise, agree and contract as follows: All of the matters stated in the preamble are found to be true and correct and are hereby incorporated into the body of this contract as if copied in their entirety. II. Partners do hereby agree to the following: A. No flight paths, either in landing or taking off, will be approved or accepted that call for any aircraft operation lower than 2,000 feet within the air space above the Colony. B. No flight paths for jet aircrafts will be approved or accepted that call for any jet powered aircraft operation lower than 4,000 feet within the air space above the Colony. C. No aircraft operations, except on an emergency basis, shall operate between the hours of 10:00 p.m. and 6:30 a.m. D. No obje. ctions shall be raised relative to any structures proposed to be built or actuany built within the Colony in accordance with the Zoning Ordinance and Building Codes of the COlony. E. No excessive noise shall be emitted directly from aircraft flying directly over the Colony. Excessive noise menas a level of noise that exceeds the noise standards contained in the City's Noise Ordinance. F. The Airport shall not expand to the south without the written permission of the Colony. III. The City of The Colony agrees to withdraw its request to intervene in a hearing before the PUC and to pose no objection to the construction of the Airport before any Other regulatory body, either State or Federal. IV. This Agreement shall be deemed a covenant running with the land and shall be enforceable against the Partners, its successors and assignee. Venue for this Agreement is Denton County, Texas and the Agreement is enforceable in the District Court of Denton County by injunction and damages or by any other legally available means. The term of this Agreement is for the length of time the Airport is operating. FRISCO AIRPORT PARTNERS, INC. By: CITY OF THE COLONY By: -3-