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HomeMy WebLinkAbout02/11/1980 City Council O00D2 CITY OF THE COLONY DENTON COUNTY, TEXAS February 11, 1980 A REGULAR MEETING of the City Council was called to order with the following members present: Richard Turner Mayor Linda A. Adams Councilman William J. Longo Councilman Sandra Shearer Councilman Gary Shipman Councilman Chris Fabian Councilman and with no members absent, a quorum was established. 1. APPROVAL OF MINUTES Councilman Fabian noted that in the January 28 Minutes, a typographical error was on Page 2, ,,endorsemen~ was spelled with a "v" rather than a "d", on Page 3, under Item 5~ CounciLman Fabian asked that the phrase "or direct sale if legal to do so'~' be omitted from the second sentence directing Mr. Hart to proceed with the sale by auction. Councilman Fabian further stated that Page 4, Item 6, of these Minutes reflected that he recommended the purchase of a portable building to be used as a City Hall as well as a recreational facility. He requested it be corrected to reflect the use only as a recreational facility as Mr. Hart proposed the use as a City Hall. The February 4 minutes required one correction Councilman Fabian stated. Item 3, On Page 2, reflects that the Council agreed to a square footage of 10,300 and a building cost of $958,344. He asked that it be noted that only a majority of the Council concurred and he did not. Councilman Shearer then moved that the Minutes be approved as corrected. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 2. CONSIDERATION OF SECOND READING OF ORDINANCE CALLING A MUNICIPAL BOND ELECTION TO BE HELD ON MARCH 8, 1980 Mayor Turner read aloud the following caption: ORDINANCE CALLING A BOND ELECTION THE STATE OF TEXAS COUNTY OF DENTON CITY OF THE COLONY WHEREAS, it is deemed necessary and advisable to call the election hereinafter ordered; and WHEREAS, it is hereby officially found and determined that said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. He did note that the ordinance did contain the following information: O00$ D 1. The election will be held on March 8, 1980 at Camey Elementary School Gymnasium. 2. The Presiding Judge shall be Rose Ashman and the Alternating Presiding Judge shall be Dianne Kovar 3. The principle amount of this bond proposition is $1,125,000.0~ and shall bear interest at such rate not to exceed 10% per annum. At this time Mayor Turner introduced James Parkey and Larry Goode of the firm of Parkey and Partners. Mr. Larry Goode I presented and "walked through" the revised municipal building plans. He explained the building was again designed in a "C'? shaped plan with the Council Chambers being a prominent part of this plan. He continued by presenting the entire layout and stating that the square footage had been reduced by eliminating square footage from each work station or area. Both Messers. Parkey and Good emphasized the importance of using the open concept which entails the use of movable walls; therefore,lending the building to be more adaptable in the future as the City grows. At this time, Mayor Turner asked if the Council had any questions regarding this presentation. Councilman Shipman stated that the did see some areas where minor changes could be made but he felt that the concept of the building was solid and it met with his approval. Mayor Turner asked what the total sharing cost was. To clarify this point, Mr. Goode stated that the buildingcost itself was $612,000.00. This is bringing out additional equipment, land, utilities, contingency fees, etc. from the actual cost of the building Exactly where the square footage reduction was made was a concern of Councilman Fabian. Mr. Goode explained that although each work space was trimmed, 30% of the square footage was taken from the community room. There followed a lengthy discussion regarding the frontal design, addi- ~-~ tions to the bui~$ng in the future and the proposed tax increase to the citizens. Mr. Hart stated, at Councilman Fabian's request, that the tax rate established in the 1980-1981 budget to provide for an interest and sinking fund would be approximately 9-9~$. Councilman Adams did ask that the highest rate feasible be reflected and information given to citizens regarding this bond proposition. At this time Councilman Shipman moved to approve the second reading of this ordinance. Seconded by Councilman Shearer, the motion passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None It was noted that Councilmen Adams and Fabian agreed that although they maintained reservations regarding this motion, they felt it was time to put this issue before the citizens of The Colony. 3. PUBLIC HARING REGARDING ZONING CHANGE REQUEST BY FOX AND JACOBS ON 212.8046 ACRE LAND TRACT LOCATED ON THE NORTHEAST QUADRANT OF THE CITY FROM AGRICULTURAL TO SINGLE FAMILY AND SHOPPING CENTER Councilman Shearer moved that the public hearing be opened. Seconded by Councilman Longo, the motion was passed by the follow- ing roll call vote: Ayes: Ail members present voted aye Noes: None ** The efficiency factor in t he proposed municipal building will be increased from 70 to 80%. - 2 - O00 2fl Mr. Joel Larkin of Fox and Jacobs presented to the Council the land tracts (A,B,C & D) that they wished to be zoned single family and shopping center. The location of tracts A-C are bordered on the east by the railroad tracks, on the south by the IBM property, on the west by North Colony Boulevard and on the north by Turner Street. These are the tracts to be zoned, if approved by Council, Single Family. Tract D is located on the corner of North Colony and Phelps and, if approved by Council, would be zoned Shopping Center. He stated that the tract located on the northeast quadrant of the City would be developed in two to three years. Mr. Hart stated that the staff saw no problem with this zoning change request. The Council was concerned with the location of the shopping center, school sites and traffic flow around these areas. No member of the audience spoke for or against this zoning change. Councilman Shipman moved to close this public hearing. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None Councilman Fabian moved to authorize the City Manager to have an ordinance prepared approving the zoning change request on the four land tracts from Agricultural to Single Family and Shopping Center. It was seconded by Councilman Shearer and the motion passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 4. PUBLIC HEARING REGARDING ZONING CHANGE REQUEST ON .499 ACRE TRACT LOCATED ON CAMEY ROAD FROM AGRICULTURAL TO NEIGHBORHOOD SERVICES Janice Carroll, City Secretary, told the Council that the staff was concerned that adequate plans for the development of this site have not been presented for study and review and could not be produced by Dr. Fazlani prior to this public hearing. Mrs. Carroll recommended that the Council refer this back to the Planning and Zoning Commission for further study. There followed a discussion with Mr. Dillard, City Attorney, regard- ing the proper procedure in a case such as this. After discussion, Councilman Shipman moved that this zoning change request made by Mushtaq Ahmed Fazlani, M.D., on .499 acres located East of Larry's Restaurant and West of the IBM property be referred back to the Planning and Zoning Commission for further study and to determine if a site plan is required. Seconded by Councilman Fabian, the motion was passed by the following roll call vote: Ayes; Ail members present voted aye Noes: None 5. DISCUSSION OF PUBLIC UTILITIES COMMISSION DECISION REGARDING TELEPHONE SERVICE IN THE COLONY Mr. Dillard explained the Examiner's recommendation to the Council and members of the audience. Updating the Council, he stated that the City had filed exceptions to this recommendation and requested the granting of two-way optional service to The Colony. Replies have been mailed by the attorneys to the exceptions filed by other cities involved. The open hearing to be held on February 22, 1980, Mr. Dillard advised, would receive oral arguments from attorneys only and he could not tell the Council if the Commissioners would hear statements from the citizens attending. After a lengthy - 3 - 000527 discussion, Councilman Longo moved that the attorney represent the City at the PUC hearing on February 22 and, further, that the Attorney recommend that the toll plan recommended by the Examiner by installed on an experimental basis and that a second survey of The Colony residents be made concerning non-optional shared costs of Extended Area Service. The motion was seconded by Councilman Fabian. In discussion prior to voting, it was agreed that letters from citizens sent to the PUC would probably be beneficial although they could not be admitted as evidence. Mayor Turner asked each citizen to sign their name on a pad provided by Council if they were willing to work on this issue. At this time Mayor Turner called for a vote on the motion on the floor. The motion was carried by the following roll call vote: Ayes: Ail members present voted aye Noes: None Councilman Fabian directed the City Manager to have form letters published in newspapers and placed and distributed to local stores. ~l'~he Counczi ~uthori~d_Ma¥Or TurnarOund Councilman attend the PUC open nearing held in Austin in February 22, {~?n to 6. CONSIDERATION OF CLINIC AND HOSPITAL PLANS Councilman Adams stated that five studies had been returned from hospitals responding to the City's questionnaire for the Council to review. These studies were from: St. Paul's Hospital, Methodist Central of Dallas, Brookhaven Medical Center, Presbyterian and Lewisville Memorial. She added that they all agree that an ambulatory facility is needed immediately in The Colony but do disagree on the need for a hospital facility and the time schedule as to when one would be needed. After reviewing the proposals, Councilman Shipman stated that he still felt that Methodist Central Hospital had consistently been above board in their negotiations with the Council and he felt ~eirpla~,s for the City's growth were the most beneficial to The Colony. Counc~!man Fabian stated his concern that the other hospitals did not see the need for a hospital as Methodist does. After further discussion, Councilman Longo moved that the City Council show initial support of Methodist Central and their proposal to enter into negotiations with the staff members regarding the development of a facility. This motion was seconded by Councilman Shipman, After discussion, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None Councilman Longo moved that ~ in negotiations with Methodist, that the City Council make itclear that Methodist is to work closely with the surrounding medical facilities. Seconded by Councilman Fabian, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None The Council agreed that letters should be sent to all interested parties and that a meeting with Mr. Parisi of Methodist Central be arranged for Tuesday, February 19. This meeting would be posted. 9. CONSIDERATION OF PURCHASE OF PORTABLE BUILDING FOR USE BY THE CITY Mr. Hart stated that the portable building formerly used by North Texas State Bank contained approximately 2300 square feet and would ~ouncilman Fabian expressed his disappointment at the method of which other hospitals submitted their proposals. - 4 - 000528 be sold for approximately $29,000.00. He recommended to the Council that this building be purchased for interim use as a City Hall and later used as a recreational facility. He added that the benefits of this purchase would be: a. The City would meet all codes b. It would provide better meeting facilities c. It would provide office space for the immediate needs of the staff in the event the existing property is developed in the near future Councilman Fabian asked Mr. Dillard the proper procedures in purchasing this building. Mr. Dillard replied that he felt requirements for sealed bids must be followed but that he would check into this matter for further clarification. He also stated that he felt a bid contract must be obtained to move because the figure is over $3000.00. However, he would get back to Mr. Hart regarding this. Councilman Adams expressed concern regarding cost. Mr. Hart advised that our contingency reserve was adequate to cover this expense and that the budget was coming in as planned. Mr. Joe Turner, Board Member of North Texas Bank, stated that they would like to have the building moved within sixty days but they would wait one week for a final decision by Council. Councilman Fabian requested that a member of the Parks and Recreation Board view the building and that a financial impact statement be prepared by Mr. Hart by next week's meeting. 7. CONSIDERATION OF ACCEPTANCE OF BID FOR SIGN MACHINE FOR THE COLONY Mr. Hart gave the following information to the Council: The cost of the machine is $2,960.00 and would be paid from monies received from Fox & Jacobs for taking over street identification and sign placement money budgeted in traffic control. Also monies were available out of the last bond issue for traffic. After discussion, Councilman Shipman moved to authorize the City Manager to purchase this sign equipment. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 8. CONSIDERATION OF SECOND READING OF ORDINANCE ESTABLISHING A 45 MILE PER HOUR SPEED ZONE ON FM #423 Mayor Turner read aloud the following captioned ordinance: AN ORDINANCE ALLOWING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISION OF SECTION 8 OF ARTICLE 827-a, VERNON'S TAX PENAL CODE, UPON FARM MARKET ROAD 423 OR PARTS THEREOF, WITHIN THE INCORPORATED LIMITS OF THE CITY OF THE COLONY AS SET OUT IN iTHIS ORDINANCE; AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS FOR THE VIOLATION OF THIS ORDINANCE. Councilman Shipman moved to approve this ordinance upon second reading. Councilman Shearer seconded this motion and it was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None ** Councilman Fabian requested that a Park and Board Member, Mr. Hart and two Council~embers attend the meeting to view the building. --5-- 000529 10. ACCEPTANCE OF RESIGNATION OF PLANNING AND ZONING COMMISSION MEMBER Mayor Turner read aloud the resignation letter submitted by Mr. Greg Norwood. Councilman Fabian moved to accept Mr. Norwood's resignation from the Planning and Zoning Commission effective immediately. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None Mayor Turner thanked Mr. Norwood for his services to the City in the capacity of Planning and Zoning Commission Member. 11. EXECUTIVE SESSION - PERSONNEL Mayor Turner announced that the Council would now meet in Executive Session dealing with personnel in accordance with Article 5262-17 VACS. Upon reconvening in open session and there being no further action to be taken by the Council, Councilman Shipman moved to adjourn the meeting. Seconded by Councilman Fabian, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None The meeting was adjourned by Mayor Turner at approximately 11:50 P.M. ATTEST: ry -6-