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HomeMy WebLinkAbout2nd Quarter (April-June) CITY OF THE COLONY DENTON COUNTY, TEXAS APRIL 4TH, 1997 TO ALL INTERESTED PARTIES: Notice is hereby given of a REGULAR SESSION of the Parks & Recreation Board of The City of The Colony, Texas, to be held on April 9th, 1997, at 7:30 p.m. at the Recreation Center, located at 5151 North Colony Boulevard, at which time the following will be discussed: 1. CITIZENS INPUT. 2. APPROVAL OF MINUTES OF MARCH 23RD, AND MARCH 26TH, 1997. 3. RECEIVE UPDATE FROM TIM HOUSE ON THE WYNNEWOOD GOLF COURSE PROJECT. 4. RECEIVE PRESENTATION FROM TIM HOUSE AND SKIP HYNEK ON RIDGE POINTE DEVELOPMENT. 5. RECEIVE DEPARTMENTAL UPDATE FROM DIRECTOR. 6. GENERAL ITEMS OF CONCERN TO THE BOARD Persons with disabilities who plan to attend this meeting who may need auxiliary aids of services such as interpreters for persons who are deaf or hearing impaired, readers, large print, or *braille, are requested to contact Ruthann Devlin, Deputy City Secretary, at 972-625-1756 at least two (2) working days prior to the meeting so that appropriate arrangements can be made. *BRAILLE IS NOT AVAILABLE. CERTIFICATION I hereby certify that the City Hall by 5:00 p.m. on notice of meeting was posted outside the front door of h day of 1997. ? MINUTES OF THE PARKS & RECREATION BOARD OF THE CITY OF THE COLONY HELD ON APRIL 9TH, 1997 A REGULAR SESSION of the Parks & Recreation Board of the City of The Colony, TX., was called to order at 7:30 p.m. with the following Board members present: Rich Lewis Jim Cottle Bill Castleberry Susan King Scott Calabro Donna Baggett John Sanders Chairman Member Member Member Member Member Member - 8:25 p.m. and with no members absent; thus a quorum was established. Also in attendance was Pam Nelson, Parks & Recreation Director. 1. CITIZENS INPUT. None. 2. APPROVAL OF MINUTES OF MARCH 23RD, AND MARCH 26TH, 1997. Member Baggett made a motion to approve the minutes of March 23rd, 1997. Seconded by Member Calabro, the motion was approved by the following vote: Ayes: Members Baggett, Calabro, and Cottle Abstention: Members King, Castleberry and Chairman Lewis Noes: None A correction was noted on the minutes of March 26th, 1997, page 2, Item 6. No.1, second sentence should read: Rusty Nichols is waiting for approval from the Corps of Engineers after resolving some issues with 3 property owners in the area who were not aware of the golf course going in. A motion was then made by Member King to approve the minutes of March 26th, 1997 with the above noted correction. Seconded by Member Cottle, the motion was approved by the following vote: Ayes: Members King, Calabro, Cottle, and Chairman Lewis Abstention: Members Baggett and Castleberry Noes: None 3. RECEIVE UPDATE FROM TIM HOUSE ON THE WYNNEWOOD GOLF COURSE PROJECT. Tim House was unable to attend the meeting this evening due to a death in the family. A motion was then made by Member King to table this item until another regular scheduled meeting. Seconded by Member Cottle, the motion was approved by the following vote: Ayes: Noes: All members present voted aye None 4. RECEIVE PRESENTATION FROM TIM HOUSE AND SKIP HYNEK ON RIDGE POINTE DEVELOPMENT. Skip Hynek, representing Ridge pointe Development, was present. Ridge pointe is under development now. Mr. Hynek stated he and his partner Tim House would like to set aside a parcel of the land in the Ridge pointe Development for park land to be donated to the -2- city at a later date. The parcel is about 16 or 17 acres in size and abuts along the Corps of Engineers property. The homeowners in the area stated they would prefer the use of a park be passive such as for a hike/bike trail, frisbee golf course, etc. A grant would be applied for from the state and if matching funds are approved they would have funds to improve the land for a park. This is being brought before the Board at this time for information only and at a later date a preliminary design will come back before the Board from Mr. House and Mr. Hynek. 5. RECEIVE DEPARTMENTAL UPDATE FROM DIRECTOR. Ms. Nelson gave the following departmental update: 1) The gym divider was approved by City Council after some discussion. Member Sanders arrived at the meeting at this time 2) Groundbreaking was held today for Stewart Peninsula Golf Course. 3) The Park Dedication Ordinance was not received back from the attorney in time for Planning & Zoning's meeting on April 8th. It will be on their agenda on April 22nd. 4) NYSCA Coaches Certification has certified close to 90 people already. 5) P.A.R.D. maintenance staff has been busy preparing ballfields for league play. 6) There is a Youth Sports Coaches Association meeting scheduled for April 16th at 7:00 p.m. 7) The summer/fall brochures will be going out to the public the first of May. The first day of summer registration will be May 17th. 8) Went out for proposals last fall on the vending machines for contracts. A portion of the proceeds from the vending machines is now being given to the Parks & Rec. Department, and we now have a special fund set up for these monies which will be used for park special improvements. 9) The city council voted to support the Boys & Girls Club in their efforts. 6. GENERAL ITEMS OF CONCERN TO THE BOARD. Member Baggett had a question about the Rec Trac form used by the Parks & Rec. Department. Member Sanders apologized for arriving late to the meeting this evening. Member Calabro asked how much money does the pool concession stand generate to the city. Ms. Nelson suggested he get with Elise Knox, Pool Manager. Member Castleberry handed in his letter of resignation effective this meeting for the Parks & Rec. Board as well as the Hidden Cove Park Development Committee. Member Cottle stated the open space in front of city hall looks good. Chairman Lewis thanked Member Castleberry for his time served with the Board. There being no further discussion, it was unanimously decided to adjourn the meeting at 8:44 p.m. ~~ Secretary ~. CITY OF THE COLONY DENTON COUNTY, TEXAS MAY 5TH, 1997 TO ALL INTERESTED PARTIES: Notice is hereby given of a SPECIAL SESSION of the Parks & Recreation Board of The City of The Colony, Texas, to be held on May 7th, 1997, at 7:30 p.m. at the Recreation Center, located at 5151 North Colony Boulevard, at which time the following will be discussed: 1. DISCUSSION OF AMENDMENTS TO PARK DEDICATION ORDINANCE. 2. CONSIDERATION OF AMENDMENTS TO PARK DEDICATION ORDINANCE. Persons with disabilities who plan to attend this meeting who may need auxiliary aids of services such as interpreters for persons who are deaf or hearing impaired, readers, large print, or *braille, are requested to contact Ruthann Devlin, Deputy City Secretary, at 972-625-1756 at least two (2) working days prior to the meeting so that appropriate arrangements can be made. *BRAILLE IS NOT AVAILABLE. CERTIFICATION I hereby certify that the City Hall by 5:00 p.m. on above notice of meeting was posted the :tJdltzOO.YlJ1;:~ Patti Hicks, City Secretary outside the front door of MINUTES OF THE PARKS & RECREATION BOARD OF THE CITY OF THE COLONY HELD ON MAY 7TH, 1997 A SPECIAL SESSION of the Parks & Recreation Board of the City of The Colony, Texas, was called to order at 7:30 p.m. with the following Board members present: Rich Lewis Scott Calabro Jim Cottle John Sanders Susan King Donna Baggett Chairman Member Member Member Member Member and with no members absent; thus a quorum was established. Also in attendance was Pam Nelson, Parks & Recreation Director, and Sam Chavez, City Planner. 1. DISCUSSION OF AMENDMENTS TO PARK DEDICATION ORDINANCE. Members discussed amendments to Park Dedication Ordinance. A copy of the proposed changes that members discussed at this meeting are attached to the minutes. Board members were still working on coming up with a fee to charge in lieu of land and will continue working on this item at the next regular scheduled Board meeting on May 14th. 2. CONSIDERATION OF AMENDMENTS TO PARK DEDICATION ORDINANCE. A motion was made by Member Cottle to table this item until the next regular scheduled Board meeting on May 14th. Seconded by Member Baggett, the motion was approved by the following vote: Ayes: Noes: All members present voted aye None There being no further discussion, it was unanimously decided to adjourn the meeting at 8:55 p.m. ~lA~ ~ Beverly Nop , Recordlng Secretary R~man CITY OF THE COLONY, TEXAS f' ORDINANCE NO. , . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CITY OF THE COLONY'S CODE OF ORDINANCES BY THE ADDITION OF APPENDIX C PARK DEDICATION; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500) AND THAT EACH DAY IN VIOLATION SHALL BE CONSIDERED A SEPARATE OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SA VlNGS CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined and declared that there is a need for additional recreational areas in the form of neighborhood and community parks created by new residential development; and 1< \ l' I j WHEREAS, the City Council has determined and declared that the cost of providing additional neighborhood and community parks should be borne by the developers of new residential developments which create the need for such facilities and which, by reason of the proximity of their properties to such parks, are benefitted thereby; and WHEREAS, the City Council has determined and declared that the only adequate procedure to provide for the need for additional recreational areas in the form of neighborhood and community parks created by new residential development is to require the dedication of land, or the payment of money in lieu of land, as a condition to the approval of plats for new residential development; and WHEREAS, the City Council has determined that an ordinance amending the City's subdivision ordinance requiring the dedication of land, or money in lieu of land, to provide for recreational areas is necessary and substantially related to the health, safety, and welfare of its citizens; and WHEREAS, the City Council is adopting the provisions of this ordinance in accordance with the home rule power of the City granted under the Texas Constitution and the statutes of the State of Texas, including by not limited to Chapter 212 of the Local Government Code; and WHEREAS, a public hearing on the proposed adoption of this ordinance has been held as required by law. ' i \ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: ORDINANCE - Page I DOC #: 471282,02 - 040197 Section 1. That the recitals set forth above are found to be and true and correct and incorporated herein for all purposes. Section 2. That the Code of Ordinances is hereby amended by the addition of Appendix C Park Dedication, so that said Appendix shall hereafter read as follows: APPENDIX C PARK DEDICATION Sec. 1. PURPOSE. This ordinance is adopted to insure that adequate recreational areas in the form of neighborhood and community parks are provided to meet the additional need created by new residential development. " Sec. 2. SCOPE. The provisions of this ordinance shall apply to all new residential development within the City of The Colony and all residential subdivisions within its extraterritorial jurisdiction after the effective date of the ordinance for which a final plat or preliminary final plat is required to be submitted to the City for approval in accordance with state law and the ordinances of the City of The Colony. Sec. 3. EXEMPTIONS. The provisions of this ordinance shall not apply to the following: --.; a. Residential development for property to be located on a lot of record, final plat, or replat which was approved prior to the effective date of this ordinance. b. Residential development constructed or to be constructed in accordance with a building permit issued prior to the effective date of this ordinance. Sec. 4. DEFINITIONS. For purposes of this ordinance, the following words, except where the context dearly indicates otherwise, shall be defined as follows: a. .Commission" shall mean the Planning and Zoning Commission of the City of The Colony, Texas. b. .Park Board. shall mean the Parks and Recreation Board of the City of The Colony, Texas. c. "Community Park" shall mean a park of approximately 20-50 acres, serving an area 2-3 miles in diameter, serving a population of approximately 20,000 persons and encompassing the servi.;;e areas of 4 or more neighborhood f" , ; ORDINANCE - Page 2 DOC II: 471282.02 - 040197 ,. parks. Community parks may typically contain lighted athletic'facilities for more active play purposes, such as ball fields for football, softball, baseball and soccer, and a recreation center or swimming pool. These parks may be located adjacent to existing or proposed greenbelt areas and proposed middle and high school sites. d. "Council" shall mean the City Council of the City of The Colony, Texas. e. "Subdivider or Developer" shall mean an individual, firm, association, syndicate, co-partnership, corporation, or other organization dividing or proposing to divide land, developing or making improvements to such land, so as to effect a subdivision of land hereunder for himself, or for itself, or for another. f. "Subdivision" shall mean the division of any lot, tract, or parcel of land into two (2) or more lots or sites for the purpose of sale or of building development, whether immediate or future. The term includes resubdivision or replatting of an existing subdivision, building upon, or other development of land, but does not include the division of land for agricultural purposes, i.e., ranching, farming and dwelling pertaining to such uses, in tracts of ten (10) acres or more and not involving any new street, alley, or easement of access. When appropriate to context, the term subdivision shall relate to the process of subdividing or to the land subdivided. Subdivisions of mobile home spaces for sale, lease or rent shall comply with all provisions of the City of The Colony Code of Ordinances regulating mobile home parks, as it now exists or it may hereafter be amended. \' g. "Dwelling Unit" shall mean any building, structure, or mobile home, or part thereof, which is designed, used, or intended to be used, for human occupancy as the living quarters of one housekeeping unit or family. h. "Neighborhood Park" shall mean a park of approximately 5-15 acres, serving an area 14 to Y.z miles in diameter, and serving a population of approximately 5,000 persons. Neighborhood parks should be designed to service a specific neighborhood area and may include playground apparatus and other space for active recreational purposes along with some areas for passive use. Whenever possible, neighborhood parks should be located adjacent to existing or proposed greenbelt areas and proposed elementary school sites. i. "Residential" or "Residential Development" shall mean the actual or proposed use of land for one or more buildings, structures or mobile homes which are designed or intended to be used, in whole or in part, for one or more dwelling units, but which are not motels or hotels as defined by Appendix A-Zoning of the Code of Ordinances of the City of The Colony. Sec. 5. GENERAL REQUIREMENTS. 1. Conveyance or Payment of Money Required. The owner of any property to which this ordinance applies, which is to be developed for residential purposes shall convey for park purposes land, or mak~I'lf>tf..l1}.e.l1! of money in lieu of land, or a combination of both, to the City at the time o~'s~ivision to provide for the recreational needs created by slJch development, in accordance with the provisions of this ordinance. ORDINANCE - Page 3 DOC II: 471282.02 - 040197 2. Proposed Number of Dwelling Units to be Submitted. All plats, lots of record, replats, site plans or proposed improvements of land for new residential development, required to be submitted to the Commission and Council, shall indicate the number of proposed dwelling units to be constructed or placed within the development on such plat, lot of record, replat, or site plan. 3. Determination of Requirements. In reviewing any lot of record, plat, s"'te plan, or proposed improvements of land for a new residential development, the Counci I shall, except where a payment of money in lieu of land is automatically required to made under subsection 6 below, make a determination of whether a conveyance of land, payment of money in lieu of land, or combination of both, shall be made to meet the requirements of this ordinance. " 4. Factors Considered. In making a determination of whether a proposed conveyance of land, money in lieu of land, or combination of both, shall be made to meet the requirements of this ordinance, the Commission shall recommend what would be in the best interest of the City based upon the Park Board's review and consideration of relevant factors, which will include the following: a. Whether the proposed land to be conveyed for park purposes would be suitable as a neighborhood or community park. b. The Parks and Recreation Master Plan for the area in which the development is located. c. The recommendation of the Department of Parks and Recreation. '. d. Whether the proposed land to be conveyed for park purposes is adjacent to an existing or proposed school site. e. Whether there is sufficient existing public or private park land in the area of the proposed development. f. Whether the park needs of the area where the proposed development is located would be best served by expanding or upgrading existing parks. g. Land located adjacent to a greenbelt park. h. The guidelines of the current Comprehensive Plan of the City of The Colony. 5. Suitability of Proposed Conveyance of Land for Park Purposes. A proposed conveyance of land to meet the requirements of this ordinance shall not generally be considered suitable for neighborhood or community park purposes if it has one or more of the following characteristics: a. Generally if more than 20%, of the proposed park site is located within the 100-year floodplain, as shown on the latest flood insurance rate map or floodplain ordinance adopted by the City of The Colony on which the Federal Emergency Management Agency has delineated both the ORDINANCE - Page 4 DOC #: 471282.02 - 040197 ~: . areas of special flood hazards and the risk premium zones applicable to the community. The City of The Colony may take more than the 20% floodplain land if its determined in the best interest of the City of The Colony. (See subsection 4 of Sec. 6. below regarding credit for donation of floodplains.) b. The proposed park site dedication is less than 5 acres for a neighborhood park, or 20 acres for a community park, unless the proposed dedication is located in such a manner in which it could be combined with other dedications to create a park of adequate size. c. It has unusual topography or slope which renders it unsuitable for organized recreational activities. t d. It does not or would not front an improved public street or would not be readily accessible, in whole or in part, to the public. e. When one or more developments will be necessary to create a neighborhood park of sufficient size in the same area, the Park Board, prior to the time of preliminary plat approval, will work with the developers to define the optimum location of their dedication within their plats. Once a park site has been determined, adjacent property owners who develop around the park site will dedicate land adjacent to the existing site unless otherwise determined by the City Council. 6. Combination of Land and Pavment of Monev. The Council may, when the best interest of the City would be served, require a combination of the dedication or conveyance of land and the payment of money in lieu of land to meet the requirements of this ordinance or total payment in lieu of land conveyance. Provided that the developer shall be required to pay the applicable cash in lieu of land as provided in See. 7, rather than dedicate any area of land which is deemed impractical for public park purposes by the City Council. No plat showing a dedication of less than one acre shall be approved unless the land being dedicated is adjacent to an existing park area. Sec. 6. CONVEYANCE OF LAND REQUIREMENTS. Where the Council determines that a conveyance of land shall be required, in whole or in part, to meet the requirements of this ordinance, the following provisions shall apply: "- 1. Amount. Any required conveyance of land shall be in an amount '\ proportionally equal to 220 square feet per capita on all proposed residential developments as defined herein. 2. Manner and Method. Plats of subdivisions required to be submitted for approval by the City in accordance with the Local, Government Code Sections 202.001 through 212.017, shall show thereon a fee simple conveyance to the City of the land required by this ordinance for park purposes as a condition of approval of such plat by the Council, .~ ORDINANCE - Page 5 DOC 1/: 471282,02 - 040197 and the City may further require the conveyance of the park property by General Warranty Deed. As a condition of acceptance of the plat or deed by the City, the subdivider shall provide the City with an Owner's Title Policy of Insurance in an amount equal to the value of the land conveyed, which amount shall be determined by the City. a. Sin~le Family. Duplex Residential and Multi-Family Develooments. The amount of land needed shall be based on 220 square feet per capita based on the actual density allowed in each of the proposed residential zoning districts. Act I density shall be determined at ...Q..- the time of platting ". ~ til'l'lF' Ai r('7n....in8~ -JI.eA\.r/ .sorlulure appllcarTts-. The City shall etermine the density on a ~ given development. b. If any zoning or subdivision change results in an increase in the number dwelling units allowed on a platted lot, the difference shall be made up by the developer as a fee in lieu of land dedicated to be paid prior to issuance of a building permit. ~ /" 3. Credit for Prior Dedications. Where a gift of land was made prior to the effective date of this ordinance by the owner of land required to convey land under the provisions of this ordinance, the former gift of land shall be credited on a per acre basis toward the required conveyance provided by this ordinance, when the Council finds that: a. The gift was made within five years of the effective date of this ordinance. b. The land given was within ~ mile of the new development for which is required to be conveyed. c. The land given is not being presently used for purposes incompatible with park purposes and is suitable for park purposes. d. A credit may be given for on-site improvements that are compatible with long range development plans for the proposed park. The credit provided for herein shall not be transferable and shall only be given to the donor of the land who is the owner of the property being developed for which a conveyance of land is required by this ordinance unless said prior conveyances were included as a part of an executed facilities and/or development agreement with the City of The Colony and the developer. 4. Credit for Conveyance of Floodolains. In cases where flood plain land or property is proposed to be conveyed to satisfy the park land requirements, a credit will be given based upon the following formula or ratio: Three (3) acres of floodplain shall equal one (1) acre of non-floodplain land 5. Location. The land required to be conveyed may be located inside or outside the boundaries of the development so long as the land is so located and in such proximity to the development so as to serve or benefit persons residing therein, as approved by the Council. ORDINANCE - Page 6 DOC #: 471282.02 - 040197 6. Improvements to be Made. The person required to convey land shall be responsible for, and pay the costs of, providing convenient access by improved streets, sidewalks, adequate drainage improvements so that the site is suitable for the purpose intended, and water, sewer, and electrical utilities to the property required to be dedicated or conveyed in accordance with the procedures applicable to other public improvements as specified in the subdivision ordinance of the City of The Colony; provided, however, that the Council may waive, in whole or in part, such required improvements where an amount of land in excess of the requirements of this ordinance is conveyed, the value of which is equal to~ or greater than, the cost of the improvements being waived. Such waiver shall be specified, on a case by case basis, in a facilities agreement between the developer and the City for the given subdivision. Sec. 7. MONEY IN LIEU OF LAND. ~ ,"' Where the Council determines that a payment of money in lieu of land shall be made, the following provisions shall apply: 1. Amount Required to be Paid. a. Any payment of money required to be paid by this ordinance shall be in an amount equal to the average per acre value of the whole property included within the residential development. b. In determining the average per acre value of the total land included within the proposed residential development, the Council may base its determination on one or more of the following: (i) The most recent appraisal of all or part of the property made by the Central Appraisal District; or (ii) Confirm sale prices of all or part of the property to be developed, or comparable property in close proximity thereof, which have occurred within two (2) years immediately preceding the date of determination; or (iii) Where, in the judgment of the Council, (i) or (iil above would not, because of changed conditions, be a reliable indication of the then current value of the land being developed, an independent appraisal of the whole property shall be obtained by the City and paid for by the developer. 2. Time of Payment. Any payment of money required herein shall be paid as a condition of approval of any final plat or replat. Payment shall be made prior to the ~flll r1 j of the plat unless otherwise stated in a facilities agreement approved by the Council. 3. Park Develooment Fund. All cash payments paid to the City in accordance with this .ordinance shall be deposited in a separate Park Development Fund. The City shall account for all such payments with reference to each development for which the payment is made. 4. Use of Funds. Any payments made to the Park Development Fund shall be used solely for the acquisition, development, expansion or upgrading or neighborhood or ORDINANCE - Page 7 DOC #: 471282-02 - 040197 ~ rJ;:l {\Y~(~s ~ \ VI. ' . ~ (IJ- i? OJ n} o..S ,k.~ \ \ i\ \. "0"- )( ,. Q" Ov X'\ (J,J'" (J'f'- community parks located within the same~or general area where the proposed development for which payment was made is located. 5. Right to Refund. If all or part of the payments made for a development are not expended for the purposes authorized herein with three (3) years of the date that 95% of all certificates of occupancy have been issued for the completed development of the property for which the payments were made, the person or entity who made such payments shall be entitled to a refund on all unexpended funds, if a written request for refund has been made within one (1) year of entitlement. If no such timely request is made, the right to a refund of the unexpended funds shall be considered waived. Sec. 8. PENALTIES, SANCTIONS. AND REDETERMINATIONS. . " \ 1. Requirements to be Satisfied Prior to Development. It shall be unlawful for any person who is required to convey land, or pay money in lieu of land, as required by this ordinance, to begin, or allow any other person or contractor to begin, any construction or improvements on any land within the development to which this ordinance applies, until the required conveyance of land, or payment of money in lieu of land is made to the City in accordance with this ordinance. 2. Permits and Services to be Withheld. No building permits shall be issued for, and no permanent utility services shall be provided to any land within any development to which this ordinance applies until the required conveyance of land or payment of money in lieu of land is made to the City in accordance with this ordinance. 3. Redetermination of Requirements for Proposed Additional Dwelling Units. After the Council has made a determination of the requirements of this ordinance, or after the requirements of this ordinance have been met, based upon the proposed number of residential dwelling units for any land to which this ordinance applies, any person who desires to construct a number of dwelling units in excess of the number dwelling units for which the requirements of this ordinance were determined or met, must submit to the Council a revised zoning proposal for additional dwelling units (or the development. Once the Council has approved a zoning ordinance increasing the number of dwelling units allowed on a platted lot, the developer shall either convey the additional park land through a plat or replat, or shall pay a fee in lieu of park land for the additional dwelling units, at issuance of building permits. Where a payment of money was originally made to meet the requirements of this ordinance, the person proposing to construct additional dwelling units may be required to convey land for all or part of the development. In such case, after the required conveyance is made, the payments, or portion thereof, previously made, which are satisfied by the dedication of land, shall be returned by the City. Section 3. Any person violating the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction be subject to a fine in accordance with Sec. 1-5 of the general provisions of the Code of Ordinances. Section 4. If any section or provision of this ordinance or the application of that section or provision to any person, firm, corporation, situation or circumstance is for any reason judged invalid, the adjudication shall not affect any other section or provision of this ordinance ORDINANCE - Page 8 DOC II: 471282.02 - 040197 /' . , or the application of any other section or provision to any other person, firm, corporation, situation or circumstance, and the City Council declares that it would have adopted the valid portions and applications of the ordinance without the invalid parts and to this end the provisions of this ordinance shall remain in full force and effect. Section 5. This ordinance shall be cumulative of all other ordinances of the City and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. This ordinance shall take effect immediately from and after its passage and approval, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the official newspaper of the City of The Colony, Texas, within ten (10) days of the passage and approval hereof. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, this day of , 1997. ATTEST: Mayor City of The Colony City Secretary City of The Colony APPROVED AS TO FORM: City Attorney City of The Colony ORDINANCE - Page 9 DOC IT: 471282.02 - 040197 CITY OF THE COLONY DENTON COUNTY, TEXAS MAY 9TH, 1997 TO ALL INTERESTED PARTIES: Notice is hereby given of a REGULAR SESSION of the Parks & Recreation Board of The City of The Colony, Texas, to be held on May 14th, 1997, at 7:30 p.m. at the Recreation Center, located at 5151 North Colony Boulevard, at which time the following will be discussed: 1. CITIZENS INPUT. 2. APPROVAL OF MINUTES OF APRIL 9TH AND MAY 7TH, 1997. 3. REVIEW AND CONSIDERATION OF REQUEST FROM JON ASTON TO HOLD A FUND RAISER AT LIONS CLUB PARK. 4. REVIEW AND CONSIDERATION OF APPOINTING A MEMBER TO THE HIDDEN COVE DEVELOPMENT COMMITTEE AND THE YOUTH SPORTS ASSOCIATION COMMITTEE. 5. DISCUSSION OF AMENDING PARK MASTER PLAN. 6. CONSIDERATION OF AMENDING PARK MASTER PLAN. 7. REVIEW AND CONSIDERATION OF AMENDING PARK DEDICATION ORDINANCE. 8. RECEIVE DEPARTMENTAL UPDATE. 9. GENERAL ITEMS OF CONCERN TO THE BOARD. Persons with disabilities who plan to attend this meeting who may need auxiliary aids of services such as interpreters for persons who are deaf or hearing impaired, readers, large print, or *braille, are requested to contact Ruthann Devlin, Deputy City Secretary, at 972-625-1756 at least two (2) working days prior to the meeting so that appropriate arrangements can be made. *BRAILLE IS NOT AVAILABLE. CERTIFICATION I hereby certify that the City Hall by 5:00 p.m. on above notice of meeting was posted outside the front door of th~ay ~997. Patti Hicks, City Secretary MINUTES OF THE PARKS & RECREATION BOARD OF THE CITY OF THE COLONY HELD ON MAY 14TH, 1997 A REGULAR SESSION of the Parks & Recreation Board of The City of The Colony, TX., was called to order at 7:35 p.m. with the following Board members present: Rich Lewis John Sanders Scott Calabro Susan King Jim Cottle Chairman Member Member Member Member and with Member Baggett absent; however a quorum was established. Also in attendance was David Swain, Recreation Coordinator. 1. CITIZENS INPUT. None. 2. APPROVAL OF MINUTES OF APRIL 9TH AND MAY 7TH, 1997. A motion was made by Member King to approve the minutes of April 9th, 1997. Seconded by Member Calabro, the motion was approved by the following vote: Ayes: Members King, Calabro, Sanders, and Chairman Lewis Abstention: Member Cottle Noes: None A motion was made by Member Sanders to approve the minutes of May 7th, 1997. Seconded by Member Cottle, the motion was approved by the following vote: Ayes: All members present voted aye Noes: None 3. REVIEW AND CONSIDERATION REQUEST FROM JON ASTON TO HOLD A FUND RAISER AT LIONS CLUB PARK. Jon Aston, 1268 Tiffany, Lewisville, TX., was present as a representative in charge of putting together a fund raiser for Lori Barnettee who is in dire need of a liver transplant. They are looking for a park in The Colony to hold the fund raiser because Ms. Barnette used to live here and has a lot of friends here. She is currently living in North Carolina. Chairman Lewis stated he did some research on the Barbara DeBoer Foundation that Jon Aston will be working with to set up the fund raiser, and they seem to be a reputable organization. Lions Club Park seems to be the most suitable area to hold the function, and June 7th is the tentative date chosen. Mr. Aston was reminded the city needs a copy of liability insurance naming the City as additional insured. After all discussion, a motion was made by Member Calabro to recommend approval of the request from Jon Aston to hold a fund raiser at Lion Club Park and to provide the City with liability insurance to hold this event. Seconded by Member King, the motion was approved by the following vote: Ayes: Noes: All members present voted aye None CITY OF THE COLONY DENTON COUNTY, TEXAS JUNE 20TH, 1997 TO ALL INTERESTED PARTIES: Notice is hereby given of a REGULAR SESSION of the Parks & Recreation Board of The City of The Colony, Texas, to be held on June 25th, 1997, at 7:30 p.m. at the Recreation Center, located at 5151 North Colony Boulevard, at which time the following will be discussed: 1. CITIZENS INPUT. 2. APPROVAL OF MINUTES OF MAY 14TH, 1997. 3. REVIEW AND CONSIDERATION OF REQUEST RECEIVED FROM WILLIAM BROKER AND MICHAEL VINES FOR PROPOSAL ON CONCESSION STAND AT HIDDEN COVE PARK. 4. DISCUSSION OF RIDGEPOINTE DEVELOPMENT PARK. 5. RECEIVE DEPARTMENTAL UPDATE. 6. GENERAL ITEMS OF CONCERN TO THE BOARD. Persons with disabilities who plan to attend this meeting who may need auxiliary aids of services such as interpreters for persons who are deaf or hearing impaired, readers, large print, or *braille, are requested to contact Ruthann Devlin, Deputy City Secretary, at 972-625-1756 at least two (2) working days prior to the meeting so that appropriate arrangements can be made. *BRAILLE IS NOT AVAILABLE. CERTIFICATION I hereby certify that the City Hall by 5:00 p.m. on above notice of meeting was posted outside the front door of the /'j,th ,day~; :;Ur:e~ 1997. ~itr.. ~:./h Patti Hicks, City Secretary MINUTES OF THE PARKS & RECREATION BOARD OF THE CITY OF THE COLONY HELD ON JUNE 25TH, 1997 A REGULAR SESSION of the Parks & Recreation Board of The City of The Colony, TX., was called to order at 7:38 p.m. with the following Board members present: Rich Lewis Susan King Scott Calabro John Sanders Donna Baggett Jim Cottle Chairman Member Menber Melrtber Member - 7:50 p.m. Member - 7:55 p.m. and with no members absent; thus a quorum was established. Also in attendance was Pam Nelson, Parks & Recreation Director. 1. CITIZENS INPUT. None. 2. APPROVAL OF MINUTES OF MAY 14TH, 1997. A motion was made by Member Calabro to approve the minutes of May 14th, 1997. Seconded by Member King, the motion was approved by the following vote: Ayes: All members present voted aye Noes: None 4. DISCUSSION OF RIDGEPOINTE DEVELOPMENT PARK. This item was turned over to Pam Nelson, Parks & Recreation Director to update everyone on this proposed development of a park. She thanked everyone present from the Ridgepointe area for coming to the meeting to give their input on this proposed park. Ms. Nelson passed around a map that shows Ph~se IV of the Ridgepointe Development and it actually shows the area that has not been developed at all. A portion of the map also shows the proposed park in an irregular shaped piece of property located near Ridgepointe Dr. and Standridge. The preliminary discussion the Parks & Recreation Board had when the developer first came before the Board was for a passive use area such as hike and bike trails, fishing pond, nice playground area, or a basketball court. It was also discussed of possibly putting in a gazebo or pavilion with picnic tables. It was also discussed that if there were a open flat portion of the land, it might be utilized as a practice Soccer field. The following citizens gave their input on the park: Albert Boden - 4325 Standridge, Mary Beakham - 4336 Standridge, Stacey & Curt Spathia - 4317 Cape Cod Dr., John, Stephanie, & David O'Donnell _ 4301 Cape Cdo Dr., Jerry & Nan Esters - 4324 Cape Cod, Lorna Donald - 4508 Ridgepointe Dr., Cindy Reinacker - 4328 Standridge, Sharyn Perkins and G. Michael Russe - 4504 Ridgepointe, Jeremy Woodhouse - 4304 Standridge, John & Sherri Lawrence _ 4309 Cape Cod, Pete & Lorraine Sullivan - 4604 Sarasota Dr., Richard & Debbie Kepner - 4600 Sarasota Dr., Charlotte Arteritano _ 4316 Standridge Dr., Phil and Danielle Ronci - 4508 Sarasota, Chris Calandro - 45424 Sarasota Dr., & Debbie and Ed Patton _ 4344 Standridge Dr. -2- After all discussion, by a show of hands vote, it was decided that the majority of those citizens present were not in favor of a park in any form for this area. 3. REVIEW AND CONSIDERATION OF REQUEST RECEIVED FROM WILLIAM BROKER AND MICHAEL VINES FOR PROPOSAL ON CONCESSION STAND AT HIDDEN COVE PARK. A copy of the proposed concesssion stand agreement for Hidden Cove Park was given to the Board in their packets for this meeting. After discussion, a motion was made by Membe~ King to recommend approval of the request received from Williaro Broker and Michael Vines for proposal on concession stand at Hidden Cove Park. Seconded by Member Calabro, the motion was approved by the following vote: Ayes: Noes: All members voted aye None 5. RECEIVE DEPARTMENTAL UPDATE. Ms. Nelson gave the following departmental update: 1) Reminded the Board of the upcoming parade and 5K Run for 4th of July. 2) Brought to the Board's attention that there is already a conflict with the Park Dedication Ordinance and that there will probably have to be some recalulating done on the figures. 6. GENERAL ITEMS OF CONCERN TO THE BOARD. Member King stated she doesn't feel the city should spend any money at all on planning a park for the citizens who live in Ridgepointe. Member Baggett stated she cannot accept position on the Hidden Cove Park Development Committee, but that she would help out in any way possible. Member Calabro stated he was upset with the ,.:itizens of Ridgepointe and their comments on a park who attended tonight's meeting. Member Cottle stated he would have his fire truck at the 4th of July parade and invited all Board members to attend and ride on the truck. Chairman Lewis questioned whether tonight's group of citizens from Ridgepointe was a fair representation of the people from that area. He also asked about the Lori Barnett fund raiser that was to be held at Lion's Club Park. Ms. Nelson stated she didn't have any information on this event. Chairman Lewis also asked about the status of the gym dividers. Ms. Nelson stated that project has been in the hands of the city engineer for the last 3 months for his approval. He finally got back to her today and stated he was trying to track down the company that had originally built the gym. He finally got ahold of the architect and there were some concerns that needed to be addressed. They are supposed to get a report back to Ms. Nelson within a few weeks. There being no further discussion, it was unanimously decided to adjourn the meeting at 10:05 p.m. ~~ing Secretary ~ ich Lewis, ~rman