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Home My WebLink About10/01/1979 City Council MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS HELD ON OCTOBER 1, 1979 A Regular Meeting of the City Council was called to order with the following members present: Richard Turner Mayor William J. Longo Councilman Linda A. Adams Councilman Sandra Shearer Councilman Gary Shipman Councilman Chris Fabian Councilman and with no members absent; thus a quorum was established. 1. EXECUTIVE SESSION - PERSONNEL Mayor Turner announced that the Council would meet in Executive Session dealing with Personnel as authorized by Article 6252-17 VACS. 2. APPROVAL OF MINUTES Upon reconvening in Open Session, Mayor Turner asked for a motion to approve the minutes of the Regular Meeting held ~on September 24, 1979. Councilman Fabian noted that Councilman Shearer abstained from voting on the minutes of September 17, 1979 rather than himself. On agenda item two he asked that it be noted that he did not sit in on any of the architect interviews and that he felt "rushed" in this process. Council- man Fabian then moved to approve the minutes with the noted corrections. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 3, PUBLIC HEARING REGARDING A ZONING CHANGE REQUEST ON 2.35 ACRES LOCATED AT THE SOUTHEAST CORNER OF BLAIR OAKS AND CLOVER VALEY Mayor Turner announced that he did live within 200 feet of this property and would not participate on this agenda item. At this time, Mayor Turner removed himself from the Council table, and Mayor Pro Tem Sandra Shearer presided over the meeting. Councilman Longo moved to open the Public Hearing. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Pro Tem Shearer recognized James Skinner acting as Agent for Bates and Betty Davis, owners of the property. In light of the contraversial nature of this zoning change request, Mr. Skinner stated that he would like to give the background of this situation for clarification, Mr, Skinner proceeded to tell of his initial interest in the property in April, 1979, and his consequent research and discussions with citizens to determine what would be the best use of this land. Mr, Skinner then called each neighborhood resident's name that he spoke to and if they agreed or disagreed with his proposed plans, After this input he printed a brochure showing a site development plan. At this time he went out of town and his partner, Melvin B~ Schuler, filed for a Zoning Change to Office 1 and the plans had been changed providing an egress on Clover Valley which was not according 000453 to his original plans. At this time Mr. Skinner presented the plans presented to the Planning and Zoning Commission and a set of revised plans. Mr. Skinner advised that the revised plans would resemble a Flair home front facing Crutchberry and the alleyway would be protected by a brickwall. The Council then reviewed the plans. Mayor Pro Tem Shearer called a five minute recess and asked that those who would like to speak must sign their names to the proper list. Upon reconvening, Councilman Adams stated that she felt Mr. Skinner implied that the Council and staff were involved in an effort to keep Mr. Skinner off any agenda, and that this was not the intent but acting on the advise of the City Attorney, Robert Dillard, Mayor Pro Tem Shearer then requested that citizens refrain from repetitious remarks but all will be allowed to express their opinions Five citizens spoke for this zoning change: Daniel R. Szekely, Helen Gray, Jean Skinner, Roosevelt Johnson and Wes Gray. Twenty-two citizens spoke against this Zoning change: Mike Macnamara, Bruce Gri~fith, Bill Stanisich, Vance Brown, Bobby Pugh, Bill Holland, Murh Canfield, Ray and Katrina Sanford, Susan Krumwiede, Janice Chandanias, Jerry Stueber, Chuck Hillard, Walter Martin Jr., Jim Green, Kerry Schuck, Edith Rodas, Louise Pugh, June Martin, Ed Heins, Cindy Fleigle and Dale Fleigle. Prior to citizen input, Mr. Hart told the Council that the Planning and Zoning voted against this Zoning change. Sayed Omar advised that Blair Oaks Road would be able to handle the traffic flow. Economically this development would be a benefit to the City and there is a need for office/medical facilities in The Colony. Ba~ed on these facts, it was Mr. Hart's recommendation to approve th~s.Zoning,chan~subject to deed restrictions. Councilman Longo di'sagreed with Mr. Hart's decision to give a reco~mnendation prior to hearing citizen input. Mr. Hart advised that his recommendation is strictly an objective one. There followed a lengthy dis- cussion of citizen objections. Citizens were primarily concerned with traffic flow, safety for their children, office zoning of a small area surronded by residential areas and the inconsistencies of Mr. Skinner's statements to these citizens. Vance Brown presented a petition of 250 signatures of citizens living outside of the 200 feet area who are also against this zoning request. Mr. Sanford asked that her letter presented to the Planning and Zoning Commission be read by the Council. Mayor Pro Tem Shearer read the following letter: Dear Sirs: I have enclosed Mr. Skinner's survey regarding his disposition of the Davis Farm Property should his request be granted by your commission. My wife and I do not agree with Mr. Skinner's evaluation and would like to go on record as being opposed to the rezoning to garden office complex, We find nothing offensive about horses and an occasional cow grazing nearby and enjoy the rural atmosphere~ However if a change must be made we would much prefer residential than business. Nor do we look forward to the increased automobile traffic this will bring to our street; and, since Mr. Skinner mentions traffic hazards we know he will be able to appreciate that objection. Mr. Skinner stated that the Davis property is the onl_x land available in the city limits, that is not under th~ direct control of the founding fathers. If this is the case then I much prefer our elected officials having control than leaving it in the hands of One individual, whose personal ambitions may or may not coincide with the public's. Yours Truly. Ray & Katrina Sanford Citizens that spoke for this zoning change expressed the need for office development in The Colony and felt that opposition is based on "personalities". Councilman Fabian moved to close this hearing as all citizens have had their opportunity to speak. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Councilman Fabian then moved to reject this zoning request on 2.35 acres located at the Southeast corner of Blair Oaks and Clover Valley from Single Family to Office 1. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 4. PUBLIC HEARING REGARDING THE ANNEXIATION OF THE FOLLOWING LAND TRACTS: A. SIX ACRES LOCATED ~ST OF F.M. 423 O~ED BY MARVIN E. KEENING B. 2.91 ACRES LOCATED WEST OF F.M. 423 OWNED BY V.J. ETCHIESON Up~ reconvening afte,r~a b~ief recess, Councilman Shearer moved to open the Public ~earing. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None There were no comments for or against the unilateral annex~-. tion of these two adjoi~'~ig.~ land tracts. Councilman Adams moved to close the Public Hearing. Seconded by Councilman Shearer, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Councilman Adams then moved to authorize the City Manager to proceed with the preparation of a annexa~on Ordinance for these particular tracts of land, Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 5, CONSIDERATION OF ESTABLISHING REGULAR COUNCIL MEETING DATES Mr. Hart advised the Council to keep each Monday as a Regular Meeting in order that upcoming bond program and projects can be administrated properly. After discussion, Councilman Adams moved that every Monday be a Regular Meeting provided that the first and third Mondays are priority meetings and alternate Mondays be used for second readings of Ordinances and Work Sessions. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 6~ OTHER MATTERS THAT MAY COME BEFORE THE COUNCIL Greg Norwood stated that he felt that it was the staff's res- ponsibility to make a recommendation without citizen input 000 5 and was disapointed that Mr. Hart was critized for his recomm- endations. Mayor Turner agreed that the City Manager was correct in giving this reco~m~endation. Councilman Longo advised that he had purchased some items at Texas Surplus and told the Council that a dump truck was available_. for $300.00. Councilman Adams suggested that we have a mechanic check it and if sound, purchase it. The Council agreed. Janice Carroll, City Secretary, asked that the Council consider who they would like to nominate for the Appraisal District Board in accordance with Senate Bill #621. These nominations must be made by Council resolution prior to October 15, 1979. Mr. Hart advised that he would like the Council to consider a Resolution to Texas Municipal League regarding including Municipal Districts as a participant iN Senate Bill #621. There being no further action to be taken by the Council, Councilman Adams moved to adjourn the meeting. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Turner adjourned~5 P_L~__~ z'~h rd T Mayor -- ATTEST: C~>y Secretary