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Home My WebLink About07/01/1991 City Council004O4O HINUTES OF THE CITY COUNCIL MEETING HELD ON JULY It 1991 The Regular Session of the City Council of the City of The Colony, Texas was called to order t ?:30 p.m. on the 1st day of July, 1991, at City Hall with the following Council roll call: William W. Manning, Hayor Present Hike Lynch, Councilman Present Billy Sharp, Councilman Present Dale Therio, Councilman Present Rob Burchard, Councilman Present Lou Gomez, Councilman Present Joel Marks, Hayor Pro-rem Present and with seven present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT David Williford, 4165 Newton, representing The Colony Fliers Model Airplane Club asked the status of the lease on Wynnewood for the golf course, since approval for his club to use the area for a air field was somewhat contingent on that project. Bill Hall said all the documents are now in the hands of the Corps of Engineers and we are waiting for their response. Mr. Hall said the lease is still in effect. Mr Williford asked if the Corps does O.K. the plan, how long before they (Corps) will O.K. the proposal for the temporary air field on Wynnewood. Mr. Hall said he did not know for sure. Mr. Williford thanked the City and especially Park and Rec for all their help. Rob Bauman, 4173 Newton, said he has a skunk in the utility shed behind his home. Mr. Bauman said he called Animal Control numerous times on June 28, finally getting through in mid-afternoon. He was told there would be a $30.00 charge for the use of a trap to catch the skunk. He asked if he has to remove the skunk if it is caught and if there is a committee to researcb this problem. Mr. Hall said if the skunk is caught in the trap then Animal Control will come and take the trap and skunk away. 3. PRESENTATION OF CERTIFICATE OF APPRECIATION TO ANIMAL CONTROL OFFICER, LISE PAUL Lise Paul is on vacation. 4. PUBLIC HEARING ON APPLICATION OF MR. GREG HAMBY FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS SHOPPING CENTER, SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND THE 4 ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT TO ALLOW FOR A VIDEO ARCADE: 6805 MAIN STREET, SUITE 485 Councilman Lynch moved to open the public hearing and Council Sharp seconded the motion which carried with all members voting Aye. Mr. Hall advised that this item had been advertised as 5805 Main Street instead of 6805 Main Street and the City Attorney advised against holding the public hearing. The attorney said the hearing should be opened and closed and the hearing re-scheduled. Bob van Til said he has spoken with Mr. Hamby, owner, who has agreed to re-schedule for August 5, ]99]. Councilman Lynch moved to open the public hearing and Council Sharp seconded the motion which carried with all members voting Aye. 5. CONSIDERATION OF AN ORDINANCE VACATING AND ABANDONING AN ACCESS EASEMENT LOCATED IN THE CITY OF THE COLONY AND BEING A TRACT OF LAND CONTAINING 0.]64 ACRES AND BEING A PORTION OF THE COLONY NO. 31, LOCATED ON THE SOUTH EAST CORNER OF FM 423 AND CHOWNING CIRCLE Mayor Manning read the caption as follows: AN ORDINANCE OF THE CITY OF THE COLONY~ TEXAS~ VACATING AND ABANDONING AN ACCESS EASEMENT LOCATED IN THE CITY OF THE COLONY~ DENTON COUNTY, TEXAS' BEING A TRACT OF LAND CONTAINING 0.164 ACRES OF LAND AND BEING MORE FULLY DESCRIBED IN EXHIBIT "A" DEDICATED AS AN ACCESS EASEMENT AND BEING A PORTION OF THE COLONY NO. 31~ AN ADDITION TO THE CITY OF THE COLONY~ DENTON TEXAS~ AS RECORDED IN CABINET B~ PAGE 253 OF THE MAP AND PLAT RECORDS OF DENTON COUNTY~ TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. Mr. Hall explained that this property is being purchased by Blockbuster Video. Mr. van Til said the easement is approximately 0.]64 acres and the proposed building will overlap this easement by 10 feet and the company has requested the City abandon the easement. He went on to say there is no use for the easement. Councilman Marks moved to approve the ordinance as written and Councilman Gomez seconded the motion which carried with all members voting Aye, with the exception of Councilman Burcbard who abstained, 6. CONSIDERATION OF CRITERIA FOR WAIVERS FOR PERMITS TO STEWART CREEK PARK 0 0 4 0 4 Bill stated that there has been a loose policy regarding fee waivers into the park, noting the Council had given that responsibility to the City Manager. Mr. Hall said lately there have been many requests and there is no specific criteria. He said this went to the Park & Rec Board who has come up witb some recommended guidelines, understanding the Council may elaborate. Mayor Manning said number 1 seems broad. Mr. Brantley, said it was hard to define and they wanted to limit this to non-profit organizations, noting they will have to show proof that they are non-profit. Councilman Gomez asked the status of permits for the volunteer firemen. Mr. Hall said recommendations are forthcoming. Councilman Gomez also asked if there should be some designation regarding certain wee-ends, or days when there will be no waivers, noting also that if the event is open to the public, then the fee will be waived for everyone. Councilman Therio asked if some form of I.D. could be used. Councilman Marks suggested that organizations provide a coupon or ticket for those attending and to change item number 1 to reduced fees, also suggesting waiver for city sponsored events. Councilman Burchard said just because all 5 criteria are met still doesn't mean waiver will be approved. He suggested adding number 6 stating that certain don't apply. Councilman Sharp agreed with groups using coupons or tickets then only those with coupons or tickets would not pay. Mayor Manning said he doesn't think a coupon is necessary. Councilman Burchard also asked how mass appeal is being defined. Sylvia Brantley said this can be taken back to the Board to make amendments using these recommendations. Councilman Lynch suggested using what we have here for the rest of the year, see how it works and then stream line next year if necessary. Councilman Therio asked why Scouts were excluded. Ms. Brantley said everytime they use the park they take the time to clean it up. Councilman Marks said this is the City's park, noting the State doesn't waive fees. He asked why we don't just waive fees for City functions only. Ms. Brantley noted that Lewisville reduces fees, but does not waive them. Mayor Manning said too much time is being spent on this and agreed with Councilman Lynch to use these guidelines for now. Councilman Gomez moved to approve the guidelines as written and Councilman Lynch seconded the motion. The motion carried with the following vote: Lynch - Aye, Sharp - Aye, Therio - Abstain, Burchard - No, Gomez - Av~ Marks - No, Manning - Aye. 7. CONSIDERATION OF A AMENDING THE CONTRACT FOR STEWART CREEK PARK GATE ATTENDANT Mr.Hall stated that Frances Montgomery has been serving as gate attendant for quite some time and doing a very good job. He 6 00404o advised that recently Ms. Montgomery has been advised by her doctor that she will not be able to continue to handle her current work load. Mr. Hall went on to say the her husband, William Wade Harrell, has been performing the duties since November ]990 and recommended amending the contract by changing the name from Frances Montgomery to William Wade Harrell. Councilman Therio moved to approved the amendment and Councilman Gomez seconded the motion which carried with a unanimous roll call vote. 8. COUNCIL COMMITTEE REPORTS - None 9. CITY MANAGER'S REPORT ]. Golf Course - All information in the hands of the Corps, who says all looks good. Charlie Childers and U.S. Golf Corp are both ready to go. 2. Joe Clark has been promoted to sergeant in the Police Department 3. S.R.F. update - a pre-construction meeting was held with the Texas Water Development Board rep, staff, engineer and contractor in attendance. Equipment is in place and ready to go. 4. The Jaycees are sponsoring a fireworks display on July 4 at 9:00 p.m. at Stewart Creek Park. They have $3500.00 in donations. There is a problem with insurance. This cannot be handled under the City's TML policy and it will cost $]000.00 to get a policy written for them which would cut the amount for fireworks to $2500.00 Mr. Hall suggested that perhaps the city could either split that amount with them or pay all of the insurance. All agreed to place this item on the next agenda to be ratified and directed Mr. Hall to have the city pay the $1000.00 for insurance for the fireworks display. ADDITIONAL AGENDA ITEHS 8:25 p.m. 10. EXECUTIVE SESSION AS AUTHORIZED BY ARTICLE 6252-]7, V.A.C.S., SECTION 2G, REGARDING PERSONNEL, TO-WIT: A. CITY MANAGER ]0:20 p.m. Upon reconvening in open session, the following item was addressed: 1]. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE EXECUTIVE SESSION No action was taken. Mayor Manning adjourned the meeting at 10:25 p.m. APPROVED: 7 William W. Manning, M~tr ATTEST: Patt~ A. Hicks, City Secretary