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HomeMy WebLinkAbout06/02/1986 City Council 00235 , MINUTES OF THE CITY COUNCIL MEETING HELD ON JUNE 2, 1986 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 David W. Dye, III Councilman Don Amick Councilman Harvey Bradley Councilman Marlene Poole Councilman and Councilman A'~rambide was absent due to business, however, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE Mayor Sample led the Council and the audience in the pledge of Allegiance to the flag of the United States of America. 2. CITIZEN INPUT Don Amick asked for an update on the status of The Colony Aquatic park. Janice Carroll said there was a walk-through on Saturday, May 31, and that the contractors feel it will be complete by Wednesday, June 4, 1986. Ms. Carroll said the City is looking forward to the party for the Lewisville High School Senior Class on June 5, from 5 p.m. to 8 p.m. and then the City employee party on Friday, June 6, from 5 p.m. to 10 p.m. and of course SPLASH DAY on June 7, 1986. Councilman Amick asked where family passes culd be purchased and Ms. Carroll said they could be obtained at the City Hall on Saturday, then ~aiso, during the week and on Saturday~ at Park and Recreation. Don Chavez said he received notice of last weeks meeting regarding the proposed Frisco Airport about ½ hour after the meeting was over. Mr. Chavez wanted to know the status of the airport negotiations. Mayor Sample said that this subject would be addressed later in this meeting. Mr. Chavez also stated that he had attended a meeting with Ken Marchant recently regarding Josey Lane connecting with The Colony, in which Mr. Marchant said the lady who owns the property has been offered $2.00 a square foot and will not sell. Mr. Chavez wanted to know how that property could be obtained. Mayor Sample said that the Paige Rd. extension (Piano Pkwy.) would be finished in February 1987 which will give some relief to that traffic situation. The Mayor went on to say that Mrs. Lord (property owner) does not intend to sell and that the property is within the City of Hebron therefore the right of way for the road cannot be taken. Mayor Sample stated that there are not many options at this point. Councilman Amick then asked Mr. Chavez why he is opposed to the Frisco Airport. Mr. Chavez cited noise and a forseeable tragedy as two important reasons why. Chavez stated that the city of Frisco treated The Colony as "second class' citizens and would not even talk about keeping the noise away from The Colony and yet they guaranteed no noise to some development that isn't on the map yet. Kay Van Alstyne represented the Sesquicentennial Committee in telling the Council and the audience about engraved paving bricks being offered to be installed in the floor of the pavilion at Stewarts Creek Park. Van Alstyne said the bricks would sell for $25.00 to residents or clubs and $50.00 to businesses. The $50.00 would pay not only for the brick with the engraving but also for a haloing effect of six (6) bricks surrounding the engraved brick. She noted that this would be tax deductible and that Acme Brick Co. is providing the bricks. Mayor Sample asked that the Ctiy Secretary draw up a Mayoral Proclamation supporting this project. Ms. Van Alstyne said that order blanks will be placed at the Park and Recreation office, the Chamber office and all businesses. There will also be an insert in the MUD billing and order blanks at the Library. 00235 Ms. Van Alstyne stated that she was also representing Alpha Tau Theta of Beta Sigma Phi and requested a verbal proclamation by the Mayor and Council supporting the Fish Off on June 7, 1986. Mayor Sample requested the City Secretary to prepare a written proclamation for the sorority to keep in their records. 4. MAYORAL PROCLAMATION RECOGNIZING THE OFFICIAL FLAG OF THE COLONY Kay Van Alstyne present a color picture of the flag and introduced Mr. Larry Lilley the designer of the new official flag. Ms. Van Alstyne presented Mr. Lilley with a Certificate of Appreication and gave the picture of the flag to the Mayor. Mayor Sample read the proclamation: WHEREAS, a contest was sponsored by the Sesquicentennial Steering Committee. of The Colony to design a flag for the City of The Colony; and WHEREAS, of the one hundred and eight entries for this contest, three finalists were chosen; and WHEREAS, one design, created by Larry Lilley was chosen as tY~e winner; NOW, THEREFORE I, Larry D. Sample, Mayor of the City of The Colony, do hereby proclaim that design as the official flag of the City of The Colony, Texas. SIGNED AND SEALED this 2nd day of June, 1986. Larry D. Sample, Mayor Attest: Patti Jones, City Secretary The Mayor then presented the official proclamation to Mr. Lilley. EMERGENCY AGENDA ITEM NO. 1 1. MAYOR'S REPORT TO COUNCIL ON THE NEGOTIATIONS WITH DOELL- MORSE, INC. REGARDING THE FRISCO AIRPORT Mayor Sample read a prepared speech (see Exhibit "A") and then advised there would be a Town Hall Meeting held as soon as possible to go over the details of the possible Class Action Suit with the citizens of the community and to get input and direction from the citizens. ay Van Alstyne asked why T.P. & L. objected to the city's intervention at the P.U.C. Mayor Sample said that the P.U.C. hearing is T.P.&L. vs. the City of The Colony. Mayor Sample went on to say that letters should be written to T.P.& L. voicing the citizens' oposition to the airport and Councilman Poole suggested hand bills be handed out regarding the Town Hall Meeting so that everyone knows about it. 3. PRESENTATION TO FIRE CHIEF RONNIE GOTHARD Janice Carroll gave a brief background regarding Chief Gothards tenure, stating that his first day was January 5, 1981. :Ms. Carroll noted that Chief Gothard has built the department from an all volunteer department to a department with 9 paid employees plus the volunteers. Ms. Carroll stated, "It will be hard to fill his boots." Mayor Sample read a plaque prepared for Chief Gothard, enumerating his service and dedication to the City during his tenure and then Chief Gothard expressed his gratitude to the City and his enjoyment of serving 6 years, stating that it was a hard decision to leave home and friends and that he and his family will miss everyone and hate to leave but will always remember The Colony. 6. PUBLIC HEARING REGARDING THE ANNEXATION OF A TRACT OF LAND GENERALLY LOCATED WEST OF THE CORPORATE LIMITS OF THE CITY AND NORTH OF STEWARTS CREEK PARK, KNOW AS THE BEACH AND TENNIS CLUB. Councilman Amick moved to open the Public Hearing~ and~ ~COuncilman Poole seconded the motion which carried with all members voting Aye. Janice Carroll presented the Service Plan on the property and there was no discussion from the table or floor. Councilman Poole moved to close the Public Hearing and instructed staff to prepare the Annexation Ordinance. Councilman Bradley moved to close the Public Hearing. The motion carried with all members voting Aye. 5. CONSENT AGENDA Mayor summarized the items on the Consent Agenda and then Councilman requested that item B be pulled, Councilman Harris requested item A:be pulled and Councilman Dye requested item E be pulled from the Consent Agenda. A. CONSIDERATION OF WAIVING THE ENTRY FEES TO STEWARTS CREEK PARK FOR THE PARTICIPANTS IN THE GREAT COLONY FISH OFF ON JUNE 7, 1986 AND THE CHILI COOK-OFF Councilman Harris asked who was sponsoring the Fish Off and Ms. Van Alstyne said the Chamber of Commerce and her sorority, Alpha Tau Theta. Councilman Harris said he thought it was a,g0od idea to waive the fees and then he read the letter from the sorority to Sylvia Brantley: Dear Sylvia, Our chapter is donating funds to th Sesquicentennial Committee for the guilding of their covered pavilion at St ewart Creek Park. These donated funds will come from our portion of the net generated from the Fish Off. As we are putting funds back into the city would Park and Recreation consider waiving the parking fees for the day of the Fish Off as you did last year. The fishermen and workers will be at Stewart Creek Park from 3:00 a.m. to 6:00 p.m. on Sat. June 7. If approved, please be let us know how you want fish off workers and fishermen vehicle's to be identified during that time. Thank you for your consideration. Sincerely, Stefani Anderson, Chairman-Alpha Tau Theta Ms. Van Alstyne stated that the sorority will be donating 50% of their net to the fund. Councilman Harris asked what percentage the Chamber will be giving and Councilman Bradley stated the Chamber is giving but he does not know how much as yet. Council- man Harris moved to approve the waiver of the fees and Councilman Poole seconded the motion. The motion carried with a unanimous roll call vote. B. CONSIDERATIONOF APPROVAL OF A GARAGE SALE TO BE HELD AT PERRYMAN PARK TO BENEFIT THE COLONY YOUTH FOOTBALL ASSOCIATION. Councilman Amick stated that he is in favor of The Colony Youth Football Association and understands that the Park and Recreation Board recently approved the use of the park for the sale, stating also that Sylvia Brantly had suggested using the parking lot of the park for the sale rather than the park itself. Councilman Amick agreed with that suggestion in order to keep the landscape in the park from being destroyed. Councilman Amick then moved to approve the use of the parking lot at Perryman Park for a garage sale by The Colony Youth Football Assocation, and Councilman Harris seconded the motion and also requested that the Park and Recreation board look into setting a policy regarding this type of activity in City parks. The motion carried with a unanimous roll call vote. C. CONSIDERATION OF AN AMENDMENT TO ORDINANCE #116, ESTABLISHING TWO ALTERNATE POSITIONS ON THE LIBRARY BOARD. Councilman Amick moved to approve the Ordinance as written 00235o and Councilman Harris seconded the motion which carried with an unanimous roll call vote. D. CONSIDERATION OF A CHANGE ORDER ON THE COLONY AQUATIC PARK TO FURNISH AND INSTALL A 8' HIGH CHAIN LINK FENCE IN LIEU OF THE 6' HIGH FENCE BID IN THE ORIGINAL CONTRACT AT A COST OF $1652.00. Councilman Amick moved to approve the change order and Councilman Harris seconded the motion which carried with an unanimous roll call vote. E. CONSIDERATION OF THE APPROVAL OF THE PAYMENT RECOMMENDATION FOR THE MARKING OF THE TURN LANES AT FM 423 AND NORTH COLONY BOULEVARD. Councilman Dye noted that the memo enclosed in the Council packets from Janice Carroll stated that the cost for the marking is $1695.20 and he understood the cost is $1965,20, wanting to know why the difference. Ms. Carroll explained that was just a typographical error and the cost is $1965.20 Councilman Dye moved to approve the City Manager's recommen- dation for payment and Councilman Amick seconded the motion which carried with a unanimous roll call vote. F. CONSIDERATON OF THE APPOINTMENT OF ZANE KENNEDY TO THE PARK AND RECREATION BOARD, PLACE 7 Councilman Amick moved to appoint Mr. Kennedy to the Park and Recreation Board, Place, and Councilman Harris seconded the motion which carried with a unanimous roll call vote. At this time, Mayor Sample called for a 5 minute recess. Upon reconvening, the following items were addressed: 7. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2E regarding litigation, to wit: A. Declaratory Judgment for the City of The Colony, Denton County, Texas and The Colony Municipal Utility District No.1, of Denton County, Texas Chairman Johnny Spears also reconvened the M.U.D. Board Directors in Closed Door Session including the following members: Johnny Spears Scott North Dick Weaver Sandra Whitworth Robert Hauck Bill Hall, M.U.D. Director James England, Financial Director Earl Hale, M.U.D. Attorney 8. CONSIDERATION OF EXHIBIT "F" TO THE CONTRACT AND MUTUAL AGREEMENT TO DISSOLVE THE COLONY MUNICIPAL UTILITY DISTRICT NO. 1 OF DENTON COUNTY, TEXAS Councilman Amick moved to approve the supplemental contract as .amended and as presented. Councilman Poole seconded the motion which carried with all members voting Aye. The amendments were as follows: Section 2, paragraph B(3) operation and maintenance of the water and sewer enterprise, incuding, but not limited to, the accomplishment of those projects set forth in Exhibit "A" attached hereto to the edtent such projects are not otherwise accomplished. The District funds that are to be limited in such a manner are as follows: a) bond proceeds and interest thereon from previously issued District bonds; b) proceeds from the sale of authorized but unissued bonds of the District; and c) any funds in the enterprise fund that are in excess of two (2) months operating expense reserve. Section 2, paragraph C An agreement has been reached on the tax rate to be levied by the City in fiscal year 1987, which tax rate to be levied is $.73 per $100.00 valuation; provided, however that the City Council shall not be restricted or limited from setting the tax rate and shall have full power and authority to raise or lower the said tax rate as provided by State law and its Home Rule Charter 9. CONSIDERATION OF AUTHORIZING THE CITY ATTORNEY TO FILE A DECLARATORY JUDGMENT FOR THE CITY OF THE COLONY, DENTON COUNTY TEXAS AND THE COLONY MUNICIPAL UTILITY DISTRICT NO. 1 OF DENTON COUNTY, TEXAS PURSUANT TO THE AUTHORITY CONTAINED IN AND IN ACCORDANCE WITH, ARTICLE , 717m-1 TEX.REV. CIV. STAT. ANN. Councilman AbSick moved to authorize the filing of the Declaratory Judgment contingent upon the signing of Eastvale and Lewisville on the Agreement with those cities regarding their interest in this case. Councilman Poole seconded the motion which carried with all members voting Aye. With no further business to address, Councilman Harris moved to adjourn the meeting and Councilman seconded the motion which carried with all members voting Aye. APPROVED: ~ar~D. Sample, Mayor ATTEST: [SEAL]