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HomeMy WebLinkAbout05/04/1987 City Council MINUTES OF THE CITY COUNCIL MEETING 002~ HELD ON MAY 4, 1987 The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. on the 4th day of May, 1987 at City Hall with the following Council roll call: Don Amick, Mayor Present Rick Harris,Mayor Pro-tem Present Johnny Spears,Councilman Present Steve Glazener,Councilman Present Harvey Bradley,Councilman Present Marlene Poole,Councilman Present and with six members a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE Mayor Amick led the audience and the Council in the Pledge of Allegiance to the flag of the United States of America. 2. ADMINISTER OATH OF OFFICE TO COUNCILMAN PLACE 3, MICHAEL C. ROBINSON Mayor Amick administered the Oath of Office to Mr. Robinson, who then took his seat at the Council table for the remainder of the meeting. 4. RECOGNIZE MEMBERS OF THE COLONY YOUTH SOCCER ASSOCIATION WHO WILL BE REPRESENTING THE COLONY IN EUROPE THIS YEAR Mayor Amick read the following Certificate of Appreciation: for being an outstanding asset to our community by displaying superb skills on the soccer field. We are proud to have you represent the City of The Colony while participating in the Portsmouth Cup Tournament in England this summer. A Certificate of Appreciation was presented to each of the below named boys along with a The Colony T-shirt and a new The Colony lapel pin: J.D. Thomas Spencer Snider Travis Snider Casey Parson Jamal D. Smyth Richard Dutko Jason Aldinger Jason Stillman Steven Barbero Lionel Phelps Professional Soccer player, Bobby Moffatt was present and explained that the boys did have to try out and be chosen to play in the tournament being held in his home town, Portsmouth, England. Councilman Poole stated that the City Secretary would be arranging for a plaque to be presented to the Lord Mayor of Portsmouth by the boys during their stay. Mr. Moffatt said they would be leaving on July 18, 1987. 5. MAYORAL PROCLAMATION DECLARING MUNICIPAL CLERKS WEEK Mayor Amick read the Proclamation as written: WHEREAS, the responsibilities of providing day-to-day governmental services have been delegated almost exclusively to local O~ ~- ¢60 government; and WHEREAS, these local units of government- the county, city, town, township, village, and borough - have had to cope with maintaining current and additional services at high performance levels, often mandated by federal and judicial directives, on a revenue base that is gradually diminishing; and WHEREAS, the office of Municipal Clerk is the agency to which citizens most often turn in order to learn of specific services, functions, and actions of their local government: NOW, THEREFORE BE IT RESOLVED, that during the observance of MUNICIPAL CLERKS WEEK to be held the week of May 10 through 16, 1987, the county, city, town, township and borough clerks dedicate themselves to informing the public of the worth of local government, the high productivity and efficiency level of services provided, and the importance of preserving and expanding upon existing local programs and maintaining and building the facilities and organization that deliver these services; and I, FURTHER PROCLAIM the week of May 10 through 16, 1987 as MUNICIPAL CLERK'S WEEK in the City of The Colony and recognize the relationship of that office to the overall operations of the local government and the role of the municipal clerk within its structure. (s)Don Amick, Mayor 3. CITIZEN INPUT Dick Weaver, 4940 Hackney Ln. - stated that he had been surprised to find out that no one on the City Staff could come close to telling him the amount of over run at the pool, going on to say that he had asked Mr. England who had said something around $10,000. Mr. Weaver said he finds it was closer to $31,000 so far this year, stating that isn't really too bad, closing by asking about the bond payment on the pool for this year. Sharon Childers, 4840 Alta Oaks Ct. - requested permission to use Fire Station No. 1 for the eighth graders to have a dance to earn money for a trip to Washington D.C. The Council had no objections, stating that it should be cleared through staff. Mike Lynch, 4921 Roberts - asked why he had not received an answer to the question he had regarding a school zone in front of The Colony High School. Mr. Hall apologized and stated that he would have an answer in the morning. 6. ELECTION OF A MAYOR PRO-TEM Councilman Glazener nominated Councilman Rick Harris to serve as Mayor Pro-tem. There were no other nominations. Councilman Glazener moved to elect Councilman Harris as Mayor Pro-tem and Councilman Bradley seconded the motion which carried with a unanimous roll call vote with the exception of Mayor Pro-tem Harris, who abstained. 7. PUBLIC HEARING ON APPLICATION OF CARL WILLIAM ENDRES FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS SHOPPING CENTER TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT CLASSIFICATION FOR THE SALE OF LIQUOR, INCLUDING BEER AND WINE FOR OFF-PREMISE CONSUMPTION: 6805 MAIN STREET (FM 423) SUITE 100 Councilman Poole moved to open the Public Hearing and Councilman Harris seconded the motion which carried with all members voting Aye. Mr. Mike Lynch read a prepared statement outlining reasons he is against another outlet for liquor in The Colony, citing too many locations already, ultimate loss in business for all, more police problems, and several other reasons. Mr. Lynch stated that this statement would apply to the next Public Hearing on the agenda also. Mr. Steve Bissett read a prepared statement outlining reasons he is in favor of both the businesses receiving their permits. Mr. Bissett also suggested all zoning should be removed from commercial development. Mayor Pro-tem Harris asked Mr. Endres in this is a second store, who replied that it is. Mayor Pro-tem Harris moved to close the Public Hearing and Councilman Poole seconded the motion which carried with all members voting Aye. 8. PUBLIC HEARING ON APPLICATION OF NATIONAL CONVENIENCE STORES FOR A CHANGE IN ZONING ON PROPERTY PRESENTLY ZONED AS SHOPPING CENTER TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT CLASSIFICATION FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION: NORTHWEST CORNER INTERSECTION OF MAIN STREET (FM 423) AND NORTH COLONY BOULEVARD Councilman Poole moved to open the Public Hearing and Councilman Spears seconded the motion which carried with all members voting Aye. Mayor Amick noted that the statements read previously by Mr. Lynch and Mr. Bissett applied to this request also. Mr. Lynch asked if there would be any video games at this location. Mayor Amick said that is not part of this Public Hearing process. Mayor Pro-tem asked when the site plan and plat would be coming before Council. Janice Carroll, Asst. City Manager, stated May 18, 1987. Councilman Bradley moved to continue this Public Hearing until May 18, 1987 meeting and Councilman Poole seconded the motion which carried with all members voting Aye. 9. CONSENT AGENDA Mayor Amick summarized the items on the Consent A~enda for the audience. Mayor Pro-tem requested that items C and E be pulled for discussion. A. CONSIDERATION OF AN ORDINANCE GRANTING A SPECIFIC USE PERMIT CLASSIFICATION FOR THE SALE OF LIQUOR, INCLUDING BEER AND WINE FOR OFF-PREMISE CONSUMPTION FOR THE BELOW DESCRIBED PROPERTY: 6805 MAIN STREET (FM 423) SUITE 100 Councilman Spears moved to approve the Ordinance as written and Councilman Harris seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF THE APPROVAL OF THE MINUTES OF THE CITY COUNCIL MEETINGS HELD ON APRIL 20 AND 27, 1987 Councilman Spears moved to approve the Ordinance as written and Councilman Harris seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF A "NO SMOKING POLICY" AT THE COLONY AQUATIC PARK Mayor Pro-tom Harris stated that the pool committee had discussed no smoking period at the pool and he feels the policy should state either nowhere or everywhere. Mr. Hall said that is what item #1 states. Councilman Harris also requested that item #10 be amended to read "Anyone who enters the gate must pay full price or present a season pass." There followed general discussion regarding persons who come to swim and wish to leave the park to smoke, or for anything other reason, having to pay to get back in. Councilman Bradley stated that he felt this was unfair to parents who have come to watch their children swim and who must now leave the park to smoke and then have to pay to get back in. Ms. Carroll stated that this rule was in effect last year and the gate attendant used discretion stating it was intended to prevent children from running in and out and was flexible with regard to parents. Mayor Pro-tem also asked about the rule preventing someone from swimming with a shirt on and Ms. Carroll stated that last year if someone came in very sunburned or even in an extremely revealing swim suit, they were allowed to wear a shirt. She stated this rule was to disallow someone from coming in to swim in a dirty shirt and jumping into the pool. Councilman Harris moved to approve the rules with amendments at stated and Councilman Spears seconded the motion. The motion carried with the following roll call vote: Harris - Aye, Spears - Aye, Robinson - Nay, Glazener - Aye, Bradley - Nay, Poole - Aye, Amick - Aye. D. CONSIDERATION OF AUTHORIZING THE COLONY POLICE RESERVE OFFICERS TO SERVE OUTSTANDING WARRANTS Councilman Spears moved to approve the authorization as requested and Councilman Harris seconded the motion which carried with a unanimous roll call vote. E. CONSIDERATION OF THE AUTHORIZATION OF A CONTRACT FOR A GATE ATTENDANT AT STEWART CREEK PARK Mayor Pro-tem Harris asked who would own the mobil home, who would connect the utilities and what happens to the home if the attendant is fired. Ms. Carroll said the contract is patterned after the Corps of Engineers guidelines stating that the attendant would provide his/her own trailer and the City would provide the utility hook ups with the exception of a phone. There was a discussion regarding the appearance of the mobil home and Mayor Amick suggested adding a section in the contract stipulating that neat appearance must be maintained. Councilman Poole asked about insurance. Mr. Hall said the hold harmless insurance covers this. Councilman Bradley said he feels the attendant should be able to hire an assistant but with City approval and the contract should so state. Councilman Bradley also asked if there needed to be a zoning variance since the City does not currently allow mobil homes. Ms. Carroll said this would be a travel type trailer and would not be tied down. Mayor Amick did state that the attendant should be made aware that he/she must adhere to City Ordinances. There was a brief discussion regarding allowing pets. The consensus was to leave as is and allow pets with the approval of the City Manager to ensure that no vicious dogs would be brought into the park. Councilman Bradley moved to authorize the contract with amendments to C-5 and the addition of a section requiring City Manager approval of the assistant. Mr. Steve Bissett asked what schedule the attendant would keep. Ms. Carroll stated that he/she would have Wednesday and Thursday off. Mr. Carl Endres asked if late arrivals at the park would have to wake up the attendant to pay for their permit. Ms. Carroll said the attendant would collect the fees as necessary. The motion then passed with a unanimous roll call vote. 002 ¢3 10. RECEIVE PRESENTATION BY FLYERS BUS SERVICE Tom Ellis and Raymond Rose addressed the Council regarding their plan for a subscription bus service in The Colony. The buses would run daily to and from Dallas to serve people going to work and would operate on a monthly subscription basis only with no ticket sold at the door of the bus. The cost would be $40.00 per month and would not cost the City anything. The only help they need from the City is help in locating a place to park and load the buses. Mr. Ellis said the buses are 49 passenger, air conditioned with restroom facilities and they would need at least 40 interested riders to begin the service. Mr. Rose said they had been operating 6 years with no accidents other than running into a curb. Mayor Amick asked if the City was able to find a space for parking would the company be agreeable to a lease agreement. Mr. Rose said they would be willing to work on an agreement. Mr. Ellis said the company would be mailing a survey out to all the citizens in The Colony to determine if the service is of interest to enough people. Councilman Spears asked if the service would be guaranteed to operate for a specific period of time, stating that he would not want to give a parking space in downtown Dallas if the service would only run 30 days. Mr. Rose said the intent to would be to run as long as feasible but if the subscriptions fell below the required number and stayed down they would have to discontinue the service. 11. CONSIDERATION OF THE AUTHORIZATION OF EXPENDING BOND FUNDS FOR THE CONSTRUCTION OF A PARKING LOT AT LIONS CLUB PARK Janice Carroll gave the background, stating that $10,000 each had been set aside for pocket parks several months ago for various improvements and now staff is asking for funds to construct a parking lot at Lions Club park. Ms. Carroll stated that last year the Lions Club members had built a pavilion at the park and now a parking lot is really needed. Ms. Carroll went onto say that there is $8186.00 left from the funds allotted to the pocket parks and this request is for $2094.00. Mayor Amick said this park is different than other pocket parks because people from all over the city use it for many different functions and most of them have to drive there. Other pocket parks are used by the neighborhood and can be accessed by foot. Mayor Amick asked why there are shrubs planned that will take up parking spaces. Ms. Sylvia Brantley, Park and Recreation Director stated that plan was the original one drafted by the Lions Club and she is sure there would be no problem with leaving the shrubs out to make more space for parking. Councilman Harris moved to approve the expenditure of $2094.00 for the in house construction of a parking lot at Lions Club Park. Councilman Poole seconded the motion which carried with a unanimous roll call vote. 12. RECEIVE A REPORT FROM THE IRREGULAR LAND COMMITTEE Councilman Harris spoke regarding the purpose of the committee, stating they were to establish some procedures for the lease of irregular tracts of land to citizens. Councilman Bradley read the guidelines as set forth previously by staff noting that the following should be added: 1. The land must be contiguous to the landowner requesting the lease and the are must be master planned before presentation to the Council. 2. The land can be used for recreational or gardening use only. There can be no storage buildings, permanent or temporary and it cannot be used for animals, i.e., dog runs, chicken coops, horses or cattle. 002g .q, Councilman Bradley noted that thls amends the origlnal guidelines by deletlng #3,4, & 5. Mayor Amick stated that these had been established for staff clarification in carrying a lease procedure. 13. CONSIDERATZON OF THE A??ROVAL OF CHANGE ORDERS TO THE MARCON CONSTRUCTION CONTRACT Bill Hall said he had met with Jim Gilliland and Jim Mirkes and Mr. Rasco regarding the change orders with each giving their viewpoint, and agreeing to the following: The City will $15,000.00 of the original $20,760.94 submitted at the April 20 meeting. Marcon will assist in solving the water leak problem at the Library and the Rec Center and the fact that the City will be doing some of the work on that problem will not effect the warranty on the job. Councilman Harris moved to approve the change orders as presented by Mr. Hall and Councilman Poole seconded the motion which carried with a unanimous roll call vote. With no further business to address, Councilman Harris moved to adjourn the meeting and Councilman Glazener seconded the motion. Mayor Amick adjourned the meeting at 9:30 pm. APPROVED: ATTEST: City Secretary