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HomeMy WebLinkAbout02/18/1980 City Council 0O0532 CITY OF THE COLONY DENTON COUNTY, TEXAS FEBRUARY 18, 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 there were three corrections to the minutes of February 11, 1980 that he would like the Council to consider. He stated that on Page 4, Item 5, that the Council did authorize he and Mayor Turner go to Austin to attend the PUC open hearing. On Page 4, Item 6, Councilman Fabian asked that the statement "reflecting his disappointment that the other medical facilities were not interested in building a hospital immediately to his disappointment at their method of proposal. On Page 5, Item 9, Councilman Fabian said that regarding the discussion of the portable building to be purchased, he wanted it noted in the minutes that it was decided that a Park and Recreation Board Member, the City Manager and two Councilmembers attend the meeting to view the building. Councilman Shipman also requested that on Page 2, Item 2, it be noted that the effeciency factor on the proposed municipal building will be increased from 70 to 80%. Councilman Fabian moved that the minutes be approved as corrected. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 2. RECEIVE REPORT ON CITY AUDIT FOR 1978/1979 BUDGET YEAR Mr. S.D. Vaugh, CPA, briefed the Council on the audit performed for the City for the Fiscal Year 1978/1979. The following revenue and expenditures were noted: Actual Over Revenue (Under) TAXES: Budgeted. Actual Budget Property Taxes $106,000.00 $106,756.67 $ 756~67 Sales Taxes 27,200.00 18,423.90 (8,776.10) Total Taxes 133,200.00 ~ 8,019.43 LICENSES & PERMITS: Business Licenses & Permits 66,000.00 61,101.01 (4,898.99) Non-bnsiness Licenses & Permits 153,000.00 129,768.63 (23,231.37) Total Licenses & Permits 219,000.00 190,869.64 28,130.36 FINES & FORFEITS: ~ines ~raffic L 10,600.00 19,966.87 9,366.87 znes ~ ~egzstranion (Pets) 3,600.00 2,692.50 (907.50) Total Fines & Forfeits 14,200.00 22,659.37 8,450.37 - 1 - 000583 Actual Over (under) INTERGOVERN~fENTAL REVENUE: Budgeted Actual Budget Federal Revenue Sharing $ 3,680.00 $-- 3, '680.00 0 - ~ . CHARGES FOR SERVICES: Ambulance 5,400.00 4,569.44 (830.56) Fire Department 5,000.~ 00 3,590.82 (1,409.18) Total Charges for Service 10,400.00 8,160.26 (2,23.9.74) MI S CELLANEOUS: Sale of Property -0- 123,046.00 123,046.00 Interest on Monday -0- 1,222.01 1,222.01 Sundry 2,000.00 4,128.02 2,128.02 Total Miscellaneous 2,000.00 128,296.03 126,396.03 ~_~, Total Revenues $382,480.00 $478,945.87 $ 96,465.87 He told the Council that this was a standard audit and he praised the staff for initiatin~ in the past year a more effective accounting procedure. At this time, Councilman Adams asked if Mr. Vaugh had any suggestions regarding City inventory. Mr. Vaugh answered that he, at this time, was primarily concerned with streets and alleys as assets that should be added to our City books. Councilman Longo directed Mr. Hart to pursue a City inventory in the near future of all assets of the City. Councilman Shearer read the following paragraph of Mr. Vaugh's letter to Mayor Richard Turner: "There has been a major improvement in the records and record keeping since our last audit. All ledgers and journals were complete and in balance at the time our audit was started. The recommendations of the Municipal Finance Officers' Association is proceeding in good order. The City staff deserves to be complimented for the improvement. " Councilman Shipman requested it be noted in the minutes that the City Council does appreciate the staff's professionalism in this area. Mr. Vaugh further recommended that the City pursue setting up procedures that would allow them to receive a Certificate of Conformity from the Municipal Finance Officers' Association in two to three years. Councilman Shipman moved to approve the audit for the Fiscal Year 1978/1979 as presented by Mr. Vaugh. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 3. ACCEPTANCE OF PAIGE ROAD DEDICATION The following Right of VTay Deed was submitted to the Council for their review: THE STATE OF TEXAS KNOW ALL MEN BY_ THESE PRES.. LENTS: COUNTY OF DENTON THAT INTEP~ATIONAL BUSINESS MACHINES CORPORATION, a Corporation acting herein by and through its duly authorized officer, hereinafter called Grantor of Armonk, New York, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to Grantor in hand paid by the CITY OF THE COLONY, TEXAS, for right of way purposes, hereinafter called, Grantee, the receipt of which is hereby acknowledged, have Granted, Sold and Conveyed, and by ~ese presents do Grant, Sell and Convey unto the said Grantee of the County of Denton, State of Texas, all that certain lot, tract or parcel of land, lying and being situated in the County of Denton, State of'Texas, being described as follows: - 2 - 000534 Being a tract of land situated in the B,B,B, & C,R.R, Co. Survey, Abstract No. 172 in Denton County, Texas and being more particularly described as follows: Beginning at a point on the East line of The Colony No. 8, an addition to the City of The Colony as recorded in Volume 12, Page 43 of the Deed Records of Denton County, Texas, said beginning point being the intersection of the East line of Paige Road with the East line of The Colony No. 8, and said point also being N 0° 17' 55" W a distance of 1516.02 ft. from the North R.O.W. line of Colony Boulevard; Thence N 0° 17' 55" W, along the East line of The Colony No. 8, a distance of 1400.39 ft.; Thence N. 89° 38'06" E. a distance of 50 ft. Thence S. 0° 17' 55" E a distance of 1104.04 ft.; Thence in a Southerly direction with a curve to the right, said curve having a central angle of 19° 10' 30" and a radius of 901.23 ft., a distance of 301.61 ft. to the Point of Beginning and containin8 1.4955 acres of land. This Deed is executed and delivered subject to easements, reservations, conditions, covenants and restrictive covenants affecting the property conveyed hereby as the same appear of record in the Office of the County Clerk of Denton County, Texas. To have and to hold the above described premises, together with all and singular the rights and appurtenances thereto in any wise belonging unto the said Grantee, Grantee's successors and assigns forever; and Grantor does hereby bind Grantor, Grantor's successors and assigns to warrant and forever defend, all and singular the said premises unto the said Grantee, Grantee's successors and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof. It being the intent of the Granto to dedicate Subject Property to the public use as Paige Road. EXECUTED this 24th day of January, 1980. " After discussion and clarification of the actual affect of the acceptance of the Right of Way Deed for Paige Road, Councilman Shipman moved to accept this Deed from IBM dedicating the allocated right of way. Councilman Adams seconded this motion. The motion was passed by the following roll call vote: Ayes; Ail members present voted aye Noes: None 4. CONSIDERATION OF FIRST READING OF ORDINANCE ABANDONING FUQUA ROAD AND A PORTION OF CAMEY ROAD Mayor Turner read aloud, in its entirety, the following ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ABANDONING PORTIONS OF FUQUA ROAD AND GIRFFIN ROAD (ALSO KNOWN AS CAMEY ROAD) IN FAVOR OF THE ABUTTING PROPERTY OWNER, INTERNATIONAL BUSINESS MACHINES CORPORATION, FOR AN IN CONSIDERATION OF THE SUM OF FORTY SIX THOUSAND SEVEN HUNDRED FORTY SIX DOLLARS AND ~4ENTY FIVE CENTS ($46,746.25); PROVIDING THAT SUCH ABANDO~.~NT St~LL BE ALL THE INTEREST WItICH THE CITY MAY LEGALLY AND LA)~ULLY ABANDON; PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE A QUIT CLAIM DEED THAT MAY BE RECORDED WITH THE COUNTY CLERK OF DENTON COUNTY, TEXAS: AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of The Colony has determined that the following portions of Fuqua Road and Griffin Road (also known as Camey Road), both of which constitute streets and rights of ways owned in fee or used by easement, are not longer needed for public purposes and should be abandoned; and - 3 - 000 85 WHEREAS, International Business Machines Corporation, the owner of the abutting property on either side of such streets, desires that such streets be abandoned in favor of it for and in consideration of the payment of the fair market value of the land and improvements therein contained as determined by an appraisal obtained by the City; NOW THEREFORE, ! BE IT ORDAINED BY TYE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the hereafter described portions of Fuqua and Griffin Road (also known as Camey Road) within the limits of the City of The Colony are no longer needed or necessary for public purposes as streets or rights of way and should be abandoned in favor of the abutting property owner, International Business Machines Corporation. The portions of said road being abandoned herein are described as follows, to-wit: FUQUA ROAD AND A PORTION OF CAMEY ROAD . Being all of the right of way of two public roads situation in the B.B.B. & C.R.R. Co. Surveys, Abstracts Nos 172, 173 and 174, Denton County, Texas whose centerline is more particularly described as follows: BEGINNING at the point of intersection of the East Line of the 50 foot Lone Star Gas Co. easement with the common abstract line of the B.B.B. & C.R.R. CO. Survey, Abstract Nos. 172 and 173, being in the center of the public road commonly known as Camey Road or Griffin Road; THENCE south 89° 44' 13" East, along the center of said road a distance of 662.5 feet to the Northeast corner of the B.B.B. & C.R.R. Co. Survey, Abstract No. 173 THENCE South 0° 12' 14" East, along the center of a public road commonly known as Fuqua Road and the common abstract line ~ of the B.B.B. & C.R.R. Co. Surveys, Abstract Nos. 173 and 174 a distance of 3545.10 feet to a point in the Northwest R.O.W. line of Texas State Highway No. 121 Together with all of the right of way on either side of the center line of said roads, a width of 40 feet more or less, but including all of said right of way regardless of its width. SECTION 2. The above described portions of Fuqua Road and Griffin Road (also known as Camey Road) be, and the same are hereby, abandoned in favor of International Business Machines Corporation, the owner of the abutting property, for and in consideration of the sum of Forty Six Thousand Seven Hundred and Forty Six Dollars and Twenty Five Cents ($46,746.25) said amount being the fair market value of the land and improvements thereon as determined by an appraisal obtained by the City. SECTION 3. That this abandonment ordinance shall constitute a quit claim deed in favor of International Business Machines Corporation, the owner of the abutting property on either side of the described portions of said roads, and a certified copy of the same may be filed in the Deed Records of Denton County, Texas, to indicate such -- abandonment. SECTION 4. That the abandonment provided for herein shall extend only to the public right, title and interest in and to said portions of Fuqua Road and Griffin Road (also known as Camey Road) as such public right, title and interest may exist in fee or by prescriptive right, shall include all of the said public right, title and interest of the City of The Colony, and shall be construed to extend only to the interest that the governing body of the City of The Colony may legally and lawfully abandon. ooosa6 SECTION 5~ The provisions of this ordinance are severable~ and should any section, paragraph, sentence, clause or phrase hereof be declared unconstitutional or void, such declaration shall not effect any of the remaining portions hereof. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide. Councilman Shipman expressed his hesitance in passing this Ordinance abandoning Fuqua Road and a portion of Camey Road prior to the acceptance by the City of the condition of Paige Road. He maintained that the agreement was with IBM that these roads shall not be closed until Paige Road is completed and accepted by the City. He asked that Mr. Bradburry present a report to the Council at the following meeting on the condition of Paige Road. Councilman Fabian also added that he, too, was concerned with the condition of Paige Road. After discussion of traffic conditions on Paige Road, as well as other traffic problems in the City, Councilman Shipman moved to table this item until the following Monday night. Seconded by Councilman Fabian, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 5. CONSIDERATION OF FIRST READING OF AN ORDINANCE Ab~NDING THE COMPREHENSIVE ZONING ORDINANCE TO CHANGE THE ZONING ON A LAND TRACT LOCATED AT THE SOUTHEAST CORNER OF BLAIR OAKS AND CLOVER VALLEY DRIVE FROM AGRICULTURAL TO SPECIAL USE. Mr. Hart, City Manager, read aloud - in its entirety - the following captioned ordinance: AN ORDINANCE OF THE_CITY OF THE COLONY, TEXAS, A~NDING THE COMPREHENSIVE ZONING O'RD ~I~MCE OF THE CITY OF THE COLONY SO AS TO CHANGE THE PROPERTY DESCRIBED HEREIN TO "SF" SINGLE FAMILY DISTRICT CLASSIFICA7 TION SUBJECT TO SPECIF USE PERMIT FOR A CtlURCH; PROVIDING FOR SPECIAL CONDITIONS: PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Planning and Zoning Commission of the City of The Colony, and the City Council of the City of The Colony, in compliance with the laws of the State of Texas, and with the provisions the Comprehensive Zoning Ordinance of the City of The Colony, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to the persons interested and situated in the affected area and in the vicinity thereof, and after such hearings the governing body of the City of The Colony is of the opinion that the zoning change should be granted, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of The Colony, Texas, be, and the same is hereby, amended by amending the Zoning District Map of the City of The Colony so as to change the following described property to "SF" Single Family District Classification subject to a special use permit (No. 8) for a church. That the full metes and bounds description of said property is attached hereto as Exhibit "A" and made part hereof for all purposes. SECTION 2. That the herein described property shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of The Colony as amended herein by the granting of this zoning classification, subject to the following special conditions and requirements; (a) the site plan setting forth conditions recommended by the - 5 - 00058? Planning and Zoning Commission concerning setbacks, ingress and egress, off street parking and loading arrangement, location or construc- tion of buildings and uses and operation required is attached hereto as "Exhibit "B" andmade a part of this ~amending ordinance for all purposes. (b) The conditions of this ordinance and of the site plan attached hereto are considered as conditions precedent to the granting of a Certificate of Occupancy and Compliance for the specific use provided for herein of the property as a church. In addition, the Building Inspector is prohibited from issuing a Certificate of Occupancy and Compliance until the existing structure comPlies with all applicable Codes of the City of The Colony, until the off street parking as provided in the Comprehensive Zoning Ordinance and on the site plan is provided for and in place, and until the ingress and egress required by the site plan is provided. (c) In no event shall any building or structure be constructed on the property described herein until the plans therefor shall have been submited to the Planning and Zoning Commission and the City Council for their approval and amendment of the site plan. Such proceedings shall be in accordance with the regular zoning change proceedings required by the Comprehensive Zoning Ordinance. SECTION 3. That all ordinances of the City of The Colony in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other provisions of the ordinances of the City of The Colony not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Should any section, paragraph, sentence, clause or phrase of this ordinance be declared or be determined to be unconstitutional such declaration or holding shall not affect the remaining portions of this ordinance, which are declared to be severable. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of The Colony, and, upon conviction in the Municipal Court., shall be punished by a fine not to exceed the sume of Two Hundred Dollars ($200.00) for each offense, and each~d every day such offense shall continue shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide. Councilman Shearer stated that she was concerned with the fact that this property still used septic tanks and asked if they were planning to petition to enter into the Municipal Utilities District for sewer service. The Council was also concerned that a proper site plan had not been presented to the Planning and Zoning Commission at the public hearing; however, it was noted that Section 2(c) of the Ordinance required that plans for any structure to be built on the property must be submitted to the Planning and Zoning Cor0~nission and the City Council for approval and amendment of the existing site plan. After this discussion, Councilman'Longo moved to approve the first reading of this ordinance with the clarifications regarding water and sewage provisions and the site plan provisions prior to the second reading. Seconded by Councilman Shearer, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 000 38 6. CONSIDERATION OF PUC HEARING PLANS There followed a general discussion regarding action that could be taken by citizens and the Council prior to the PUC hearing to be held on February 22, 1980 in Austin. Councilman Shearer suggested that a telegram be sent by the City stating, again, our feelings on this matter. After this discussion, Mayor Turner recognized Mary Hundt, member of the audience, who requested that the Council appoint a Colony Utilities Commission to investigate all utility matters. After a lengthy discussion, the Council concurred that it would be in the best interest of all that this type of committee be in the City but not by appointment directly by the Council but work independently of the Council. The Council asked Mrs. Hundt that the City government would always be open to this committee and their recommendations. 7. RECEIVE MUNICIPAL UTILITIES DISTRICT REPORT Wes Gray, M.U.D. Board Member, briefed the Council on the status of the water well stating that the water analysis came in very good and the well should be on line by the first of April. Further, he told the Council that a key to the M.U.D. garage area had been given to the Police Chief; the gas pumps should be in and ready for use by Wednesday; and an animal shelter site was being investigated and that the computer should be able to print out a monthly financial statement for the City in the near future. 8. CONSIDERATION OF MOVEABLE BUILDING PLANS Councilman Fabian presented a report stating that the building seems sound, structurally, to him. The counter area would be especially serviceable for the City and the flag pole and all lumber landscaping would be included at the cost of $29,000.00. Mr. Hart agreed that the building did seem adequate for City facilities; however, a location for the building could pose a problem. He stated that he had been advised by the City Attorney that a zoning change must be implemented on both sites under consideration. The only other alternative was to locate the building on the west end of Peters Colony shopping center. There followed a lengthy discussion of financing procedures, moving and utility cost. Mr. Patric J. Geary, a member of the audience, was recognized and stated that he did protest the building being located at Blair Oaks and South Colony Boulevard. Councilman Fabian noted that he felt the building should be bought out-right rather than through a leasing procedure. Councilman Longo moved that the City Manager pursue bids for one used moveable building. Seconded by Councilman Fabian, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 9. CONSIDERATION OF HOSPITAL PLANS After a brief discussion, it was determined that there would be an open meeting, 3:30 P.~. on Tuesday, February 19, 1980 to discuss further clarification of an emergency clinic, the clinic hours and emergency services with Methodist Central Hospital representatives. Councilman Fabian asked that Executive Session with Park and Recreation be on the next Agenda, as well as a PUC open hearing report. There being no further action to be taken by the Council, Councilman Shipman moved that the meeting be adjourned. Seconded by Councilman Fabian, the motion was passed by the following roll call vote; Ayes: All members present voted aye Noes: None Mayor Turner adjourned the meeting at 9~B~~ -' ATTESf: . ~ITY/SECRETARY