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Home My WebLink About06/19/1978 City Council Ooo lO MINUTES OF THE BOARD OF ALDERMEN OF THE CITY OF THE COLONY HELD ON JUNE 19, 1978 A Regular Meeting of the Board of Aldermen of the City of The Colony, Denton County, Texas, was called to order by Mayor William J. Longo, with the following members present: William J. Longo Mayor Clint Davis Alderman Linda A. Adams Alderman Sandra Shearer Alderman Gary Shipman Alderman Gene Pollard Alderman and a quorum was established. Also present was Tom Hart, City Administrator; Robert Dillard, Attorney for the City; and Janice Carroll, City Secretary. ITEM IV The approval of the minutes of previous meetings was the first item considered. Alderman Adams moved that the minutes of the May 15, 1978, Regular Meeting be approved. Seconded by Alderman Shipman, it passed, by the following vote: Ayes: All members present voted aye No e s: Non e Alderman Adams moved that the minutes of the Special Session held May 22, 1978, be approved. Seconded by Alderman Shearer, the motion was carried by the following vote: Ayes: All members present voted aye Noes: None Alderman Shipman moved that the minutes of the Work Session held June 1, 197S, be approved. Seconded by Alderman Davis, the motion was carried by the following vote: Ayes: Aldermen Davis, Adams, Shipman and Pollard Noes: None Abstention: Alderman Shearer Mayor Longo stated that the minutes for the Work Session held June 8, 1978, should be corrected to read that "the Mayor be authorized to deposit $40,000.00 in Certificates of Deposit'~ rather than "fourteen to sixteen thousand." Alderman Pollard moved that the minutes be approved as corrected. Seconded by Alderman Shearer, the motion was carried by the following vote: Ayes: All members present voted aye Noes: None ITEM V A. Mayor Longo announced that a groundbreaking ceremony will be held on ,June 20 at 10AM for the Colony Square Shopping Center. B. Alderman Shearer announced that a rabies clinic will be held on July 8 from six o'clock in the evening until dark at the Fire Station. C. Alderman Shearer also announced, an organizational meeting will be held on June 21 at City Hall for the July 4 celebration. D. Mayor Longo stated that the Regular Council Meeting of July 3 would be cancelled due to the holiday weekend. A Special Session will be held June 22, 1978, and the Regular Session will be held the following Thursday at City Hall. There were no reports nor Old Business to be considered by the Council. ITEM VIII A. Mr. Boyd Williams presented the adjusted rate increase requested by Texas Power & Light to the Council. At the January 9, 1978, Council Meeting, the Council voted to table making a decision until the Public Utility Commission acted on the requested 18.4% increase. Mr. Williams stated that after a detailed study the Public Utility Commission granted Texas Power & Light a 6.8% average increase. After a brief discussion, Alderman Pollard moved to approve the 6.8% average rate increase as requested by Texas Power & Light. Alderman Shipman seconded the motion., The motion was carried by the following vote: Ayes: Alderman Davis, Shipman and Pollard Noes: Alderman Adams and Shearer B. Mayor Longo opened the Public Hearing for a zoning request change on a 10.5 acre tract located at the corner of FM #423 and Colony Boulevard. The Mayor intro- duced Harry Hunsicker, the Chairman of the Planning & Zoning Commission, who stated that the Planning & Zoning Commission held a Public Hearing on May 4, 1978. Prior to the hearing. the Commission voted four to one to recommend the zoning change to the Council. After the Public Hearing, the Commis- sion voted again which resulted in a tie vote with one abstention. At this time, Mr. Hunsicker introduced Frank Graham of Fox & Jacobs, the owners of the 10.5 acre tract to present the zoning request. Mr. Grsham stated that three separate tracts were involved; 1) a .448 acre tract to be zoned under a Special Use Permit to be used as a Day Care Center; 2) a 1.233 Acre tract to be changed to a Office I and 3) a 5.891 acre tract to be zoned general retail. Mr. Graham emphasized that all structure plans would be submitted to the Council for their approval. Mr. Graham also presented an alternate plan for the 8.891 acre tract which would include only four fast food establishments and two general retail stores. The Council asked Mr. Graham specific questions on the plans, prior to hearing statements for or against the zoning from the members of the audience. Mayor Longo then recognized Mr. Bill Majors who presented a petition against the zoning request. Mr. Dillard, attorney for the City, stated that if 20% of the residents within 200 feet of the area in question oppose the request then it will require a three fourths majority vote to pass .the zoning change request. Mayor Longo read the petition. There followed a lengthy discussion regarding potential problems concerning traffic flow, drainage and signs. Mayor Longo stated the Council was trying to obtain more information on the actual plans. He then called for a ten minute recess at 8:50 p.m. Upon reconvening Alderman Shearer moved to continue the Public Hearing on July 17, 1978 at the ReguLar Council Meeting. AIderman Shipman seconded the motion. The motion was carried by the following vote: Ayes: Aldermen Adams, Shearer, Shipman and Pollard Noes: Alderman Davis Returning to the annoucement portion of the agenda, Mayor Longo presented a plaque to Fire Chief Chuck Kimberling in appreciation for the many hours of dedicated service he has contributed to The Colony Volunteer Fire Department. 2 C. Alderman Shipman presented the following ordinance fo~ discussion, stating a final decision on the adoption of this ordinance will be made at the Thursday, June 22nd Special Session: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, CREATING A VOLUNTEER FIRE DEPARTMENT; PROVIDING FOR THE DUTIES OF THE VOLUNTEER FIRE DEPARTMENT; PROVIDING FOR THE SELECTION OF THE MEMBERS OF THE VOLUNTEER FIRE DEPARTMENT; PROVIDING FOR THE SELECTION OF THE FIRE CHIEF OF THE VOLUNTEER FIRE DEPARTMENT; PROVIDING FOR THE DUTIES OF THE OFFICERS OF THE VOLUNTEER FIRE DEPARTMENT; PROVIDING OTHER REGULATIONS FOR THE ORGANI- ZATION AND OPERATION OF THE VOLUNTEER FIRE DEPARTMENT; PROVID- ING FOR THE DEEDING FO THE PROPERTY, EQUIPMENT, AND BUILDING OF THE COLONY VOLUNTEER FIRE DEPARTMENT TO THE CITY OF THE COLONY; PROVIDING FOR THE CITY OF THE COLONY'S ASSUMING FINANCIAL RESPONSIBILITY FOR THE COLONY VOLUNTEER FIRE DEPARTMENT. There followed a discussion as to the financial feasibility of taking over the operational costs of the Fire and Ambulance Departments, disability insurance for the volunteer firemen and the types of expenses to be incurred by the City. D. Dave Dall, Chairman of the Home Rule Study Group presented their recommendation to adopt a Home Rule Charter to the Council. Alderman Shipman moved to accept this recommendation. Alderman Adams seconded the motion. The motion was carried by the following vote: Ayes: All members present voted aye Noes: None E. Alderman Adams read the ordilnance calling for A Home Rule Commission Election ~to Be held August 11, 1978. Alderman Adams moved that the ordinance be approved by the Council. Alderman Shipman seconded the motion. The motion was carried by the following vote: Ayes: All members present voted aye Noes: None G. Prior to agenda item "F", Tom Hart, City Admin- istrator, reviewed the contract with the Municipal Utility District to share the same Tax Assesor/Collector and, there- fore, sharing the same tax role. Alderman Shearer moved that the contract be approved. Alderman Shipman seconded the motion. The motion was carried by the following vote: Ayes: All members present voted aye Noes: None F. The proposal to equalize the property taxes within the City limits was presented to the Council by Mr. Hart. Mr. Hart explained that according to state law this must be done. This will effect one thousand one hundred and eighty-four homes built prior to 1977. The equalization will be based on Fox & Jacobs' home prices in January, 1978. Mr. Hart emphasized that this is not a tax increase. This equal- ization will give the City an additional eleven thousand dollars in revenue, Mr. Hart stated. Mr. Hart used Flair Plan #444 as an example of the actual cost to the homeowner. This plan would have a total tax increase of $54.60. After discussion, Alderman Shipman moved the Council authorize the Tax Assesor/Collector to begin an equalization program. Alderman Shearer seconded the motion. The motion was carried by the following vote: Ayes: All members present voted aye Nee s: Non e -3- H. Mr. Frank Graham of Fox & Jacobs presented modi- fications to the final subdivision plat number sixteen, which had been previously requested by the Council. Mr. Graham stated that there would be two "Neighborhood Greens" while two other streets would incorporate a narrowing of the pavement to slow traffic. The final plat on subdivision seventeen will use the "Neighborhood Green~' concept on one street only. After discussion of final plat seventeen, Alderman Pollard moved to approve the final plat on subdivision seventeen as presented. Alderman Shearer seconded the motion. The motion was carried by the following vote: Ayes: All members present voted aye Noes: None ITEM I. Mr. Hart presented the bills over fifty dollars to be approved by the Council. After a brief discussion, Alder- man Shearer moved to approve the bills for payment. Alderman Shipman seconded the motion. The motion was carried by the following vote: Ayes: All members present voted aye Noes: None There being no further agenda items, Mayor Longo asked for questions or comments from the members of the audience. There followed a lengthy discussion regarding the lack of recreation facilities for the youth in The Colony. There being no further action to be taken by the Council, Alderman Davis moved that the meeting be adjourned. Alder- man Shipman seconded the motion. The motion was passed by the following vote: Ayes: All members present voted aye Noes: Non e Mayor Longo adjourned the meeting at 10:20 p.m. Wili-ia~ J/./Long~ (! ....... %.; Mayor ~ ATTE ST: J a n~/~e Carroll Ci~'Secretary/ -4-