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HomeMy WebLinkAbout11/10/1980 City Council 000726 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON NOVEMBER 10, 1980 A REGULAR MEETING of the City Council of the City of the Colony was called to order at 8 p.m. with the following members present: Richard Turner Mayor William J. Longo Councilman Linda A. Adams Councilman Norman Adeler Councilman Gary Shipman Councilman Greg Norwood Councilman thus a quorum was established. 1. APPROVAL OF MINUTES Councilman Adams moved that the minutes of the October 20 meeting be approved as presented. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Councilman Shipman then moved that the minutes of October 27 be approved ~as Councilman Adams was not present at this meeting. The motion was seconded by Councilman Adeler and was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 2. CONSIDERATION OF SECOND READING OF TAX LEVY ORDINANCE Mayor Turner read aloud the following captioned ordinance. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE YEAR 1980 AT A RATE OF $.37 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUATION.ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY AS OF JANUARY 1, 1980; TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST; AND DECLARING AN EFFECTIVE DATE. Councilman Norwood then moved that the ordinance establishing the $.37 tax rate be approved upon second reading. The motion was seconded by Councilman Adams. At this time, Councilman Longo again stated his opinion that the tax rate should be dropped to $.35, and if this was not done, the city did have a responsibility to carry over into the next budget year a large con- tingency reserve. Councilman Adams agreed and thought that the $.37 tax rate should be passed but only with that intent. At this time, Chris Fabian, a member of the audience, stated that he realized a $.195 tax rate would be impossible but he did feel that $.29 would be an advisable and prudent tax rate for the city. He advised the Council that the Municipal Financial Officers Association recommended only a 1% contingency for budgets up to $50,000,000. There followed a discussion regarding a responsible tax rate to the citizens. Janice Carroll, City Secretary, advised the Council that in a telephone conversation with Robert Dillard, city attorney, he stated that he felt that if the tax rate was lowered at this point, an amended budget must be filed reflecting the corrections in revenue which could possibly initiate the entire budget and tax rate procedures again. He further advised, Mrs. Carroll stated, that in lieu of the pending lawsuit, he felt it would be very unwise to make any pro- cedural changes at this point; however, he urged the Council to view this money as reserve money and use it to keep the tax rate at a responsible level -1- OO0?2? the following budget year. There followed a lengthy dis'cussion regarding the reserve contingency. Councilman Longo advised his fellow Council members that he would vote for this tax levy ordinance based upon the attorney's recommendation only. At this time, Mayor Turner called for a vote on the motion on the floor. The motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None 3. CONSIDERATION OF AUTHORIZING EXTENSION OF THE USE OF PORTABLE BUILDINGS BY THE COLONY PARK BAPTIST CHURCH Marvin Faive, Chairman of the Building Committee for the Colony Park Baptist Church, was present. Mr. Hart asked him if six months would give them adequate time to begin construction. Councilman Adams felt that the motion should reflect six months and as long as the'building is under construction. Mr. Faive advised the Council that he would be comfortable with that but assured them again that they did intend to begin construction in January. At this time, Councilman Adams moved that the Colony Park Baptist Church be authorized to use a portable building for a period of six months and, if further use is needed, come back before the Council at that time for an additional request. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: Councilmen Longo, Adams, Adeler and Norwood Noes: None Abstention: Councilman Shipman 4. PUBLIC HEARING REGARDING ZONING CHANGE REQUEST FROM LEWISVILLE INDEPENDENT sCHOOL DISTRICT ON 16.803 ACRES TRACT LOCATED ON NORTH COLONY BOULEVARD AT RAGAN ROAD Councilman Adams moved that the public hearing be opened. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Councilman Longo expressed his only concern regarding the site plan at the proposed Morris T. Griffin School, and that was proper control of traffic. Mr. Hart advised the Council that that had been under study by our city engineering firm. There being no comments from the audience from the audience for or against this zoning change, Councilman Adams moved to close the hearing. 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 FIRST READING OF ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE FROM SINGLE FAMILY TO SPECIFIC USE - SCHOOL PERMIT ON 16.803 ACRE TRACT LOCATED ON NORTH COLONY BOULEVARD AT RAGAN ROAD Tom Hart, City Manager, read aloud the following captioned ordinance in its entirety: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY SO AS TO CHANGE THE PROPERTY DES- CRIBED HEREIN TO "SF" SINGLE FAMILY DISTRICT CLASSIFICATION SUBJECT TO SPECIFIC USE PERMIT FOR A PUBLIC SCHOOL; 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. There being no discussion, Councilman Shipman moved to approve thi~ ordinance upon first reading. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None -2- 000728 6. CONSIDERATION OF FIRST READING OF ORDINANCE CREATING HOSPITAL AUTHORITY BOARD Mayor Turner read aloud the following captioned ordinance in its entirety: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, CREATING A HOSPITAL AUTHORITY; PROVIDING POWERS AND DUTIES OF THE HOSPITAL AUTHORITY; DESIGNATING THE NAME OF THE HOSPITAL AUTHORITY; APPOINTING THE BOARD OF DIRECTORS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Upon reading, the Council did appoint in Section 4 the following members to the Hospital Authority Board: Position No. 1 - John Carlsen Position No. 2 - George Dodson Position No. 3 - LaNell Fish Position No. 4 - Fred Holt Position No. 5 - John Rivera Position No. 6 - Cecil Barton Position No. 7 - Ralph Caldwell Councilman Adeler expressed concern that these names were not included in his packet for due consideration prior to approval of the ordinance; however, the Council did concur that these names had been discussed last week in closed door session and had been tentatively agreed upon. At this time, Councilman Adams moved that this ordinance be approved upon first reading. The motion was seconded by Councilman Longo. At this time he did state that Roberta Sargent had submitted her name as a potential member of the final corporation board. It was so noted by staff. At this time, Mayor Turner called for a vote upon the motion on the floor; the motion was carried by the following roll call vote: Ayes: All members present voted aye Noes: None 7. CONSIDERATION OF BUILDING PERMIT POLICY REGARDING LISD Upon review of the survey done by city staff, Mayor Turner noted that no other schools in the Lewisville Independent School District did charge for a permit fee. Mr. Hart advised the Council that he had talked with the attorney and it had been clarified that the city would be responsible for making all inspections upon the school. It was noted by Councilman Shipman that The Colony was close to paying its own way regarding its representation to the school district through taxation. Councilman Adams agreed that fees should be charged for all services but expressed concern regarding the city's relationship with the Lewisville Independent School District and how it would be affected if a permit fee was charged by the city. Councilman Longo agreed with this concern and added that he felt that the school district had not received proper and timely notification from the city regarding this change. After further discussion, Councilman Longo moved that the construction permit fee be waived for the Morris T. Griffin Middle School. The motion was secon- ded by Councilman Adeler and passed by the following roll call vote: Ayes: Councilmen Longo, Adams, Adeler and Shipman Noes: Councilman Norwood There being no further action to be taken by the Council, Councilman Longo moved that the meeting be adjourned.. Seconded by Councilman Adams, 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 p.m. ATTiS '~~~. ~~ ~CHARD TU~ER,.~YOR JAN~g~/CARROLL, CItY SECRETARY mB--