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
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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
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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
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