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:
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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%.
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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
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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.
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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.
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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
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