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HomeMy WebLinkAbout10/28/1982 City Council 001314 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON OCTOBER 28, 1982 A SPECIAL SESSION of the City Council of the City of The Colony, Texas, was called to order at 7:30 p.m. at City Hall with the following members present: Gene Pollard Mayor Larry Sample Councilman Norman Adeler Councilman Charlie Parker Councilman Charles Dodds Councilman Marlene Poole Councilman and with Councilman Scott North absent due to business; however, a quorum was established. 2. CONSIDERATION OF ACCEPTANCE OF CITY MANAGER'S RESIGNATION Councilman Sample moved to formally accept the resignation of Dan Savage as City Manager of The Colony. Seconded by Councilman Dodds, the motion carried by the following vote: Ayes: All members present voted aye Noes: None 3. CONSIDERATION OF APPOINTMENT OF ACTING CITY MANAGER Councilman Dodds moved that Janice Carroll, Assistant City Manager, be appointed as Acting City Manager, until such time as the City Council hires someone for this position. Seconded by Councilman Poo]e, the motion carried by the following vote: Ayes: All members present voted aye Noes: None 4. CONSIDERATION OF ORDINANCE AMENDING ANNEXATION ORDINANCE NO. 225 Mayor Pollard read the following letter from City Attorney Robert Dillard at this time: Dear Mrs. Carroll: Mr. Savage asked me to review the contents of Ordinance No. 225 and comment to you. Apparently, the City Council enacted a service plan for the area annexed by Ordinance 225, but that ordinance for some reason omitted adoption of the service plan. Since this was apparently considered and acted upon by the Council, we consider it to be strictly a clerical oversight which should be corrected by adoption of a subsequent ordinance so stating. No further public hearings are necessary, nor is any new discussion by the Council necessary since this ordinance apparently reflects the action they already took. Please let me know if you have any further questions about this. Very truly yours, SANER, JACK, SALLINGER & NICHOLS, /s/ Robert L. Dillard, III Mayor Pollard then read aloud the following ordinance caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ANNEXING THE HERE- INAFTER DESCRIBED TERRITORY TO THE CITY OF THE COLONY, DENTON COUNTY, -1- TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SgID PROPERTY WITHIN SAID CITY ~IMITS AND GRANTING ALL PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ACTS, ORDINANCES AND REGULATIONS OF SAID CITY; PROVIDING FOR THE ADOPTION OF A SERVICE PLAN; PROVIDING FOR THE EXTENSION OF THE EXTRATERRITORIAL JURISDICTION OF THE CITY; PROVIDING SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE OF SAID ORDINANCE. Councilman Sample then moved to approve this ordinance as presented. Seconded by Councilman Dodds, the motion carried by the following roll call vote: Ayes: Councilmen Sample, Adeler, Parker, Dodds and Poole Noes: None Abstention: Mayor Pollard 1. DISCUSSION OF FUTURE HOME PRODUCTS IN THE COLONY At this time, Mayor Pollard introduced Mr. Ron Walden and Mr. Tom Cravens of Fox & Jacobs. Mr. Walden began his presentation of these proposed new housing concepts by stating that he appeciated the opportunity he has had to work with The Colony, and also that he has never seen a stronger, better organized or more progressive Council anywhere. Mr. Walden then explained that at the Council's retreat in the spring, these future housing plans had been discussed. After a brief discussion of the challenges faced by both Fox & Jacobs and The Colony due to the current housing market, as well as the fact that it was Mr. Dave Fox's estimation that in order for Fox & Jacobs to continue to own property and operate as in the past in The Colony, they would have to do about 600 housing units per year, Mr. Walden presented an area proposed for larger sized lots to the Council. Before Mr. Walden went into his presentation, Mayor Pollard took a moment to introduce Mr. Jack Gray who is running for District Judge in Denton. ~-.,, In introducing his presentation, Mr. Walden explained that the area they are proposing to develop for the larger sized lots is on the eastern edge of The Colony north of the IBM property and running from the present end of North Colony Boulevard to the railroad track. He also stated that the portion of this area which is south of North Colony Boulevard would be developed before the remainder of the area. About 110 acres of this area is zoned for single family with 10 acres zoned shopping center. In order to be economically feasible, Mr. Walden explained, the area with the large lots would be developed more as a rural concept with the streets being 24-foot crown type construction with no curbs or gutters and bar ditches along the sides; there also would be no sidewalks. Their idea would be to sell the lots to individuals or other builders, as well as build some Fox & Jacobs houses. Mr. Walden stated, at Mayor Pollard's request, that there would be approximately a $2,500 difference in price per lot by eliminating the curbs, gutters and sidewalks. Mayor Pollard also asked if the lower interest rates currently in effect would have any signi- ficant favorable impact on the housing market. Mr. Walden answered that it would not happen overnight but that prices will eventually go up, so that even if the interest rates hold, the situation ultimately will not be that much better overall. Mr. Walden stated that recently a greater number of homes have been sold in The Highlands, a development in Cedar Hill, than in The Colony. Mayor Pollard wished to know what the reason was for this difference. Mr. Walden stated that he felt this was due to a better mix of types of housing; cluster homes are already available in this community. Mayor Pollard then wanted to know when Fox & Jacobs would reach 600 units per year. Mr. Walden answered that he could not say at this time and that he would estimate 350 units in The Colony this year. Councilman Poole wondered if the new Housing Finance Corporation would have much impact as a sales tool. Mr. Walden answered that he did not think the impact of this organization -2- would be very great. There was considerable discussion concerning the impact of this development on The Colony and if the concept would be affordable enough to sell. Councilman Poole was concerned about drainage, as this area was higher than the area to the west. Mr. Walden did not feel this would be a problem as the greater land area would help soak up more excess moisture, but he did state that the situation would be studied thoroughly by their engineers. Mayor Pollard was very concerned about the impact of this development plus the proposed cluster housing on The Colony's water supply. Mr. Walden stated that Fox & Jacobs would not develop these areas to the extent that the water supply would be threatened. Before moving to the second portion of Mr. Walden's presentation, Mayor Pollard called for a brief recess. Upon reconvening in open session, Ron Walden presented Fox & Jacobs' cluster home concept. This would be a planned development, and the basic layout involves a two-lot area with a cluster of four houses with a common drive creating a mini-cul de sac. The houses would all be front entry with each driveway opening out of the common drive. The proposed location of these clusters is on the west side of FM 423 roughly in an area bounded by Augusta on the south and Nervin on the north and surrounded by the present duplexes. Councilman Sample was very concerned about the trash pickup for the front-entry homes which is proposed to be from the front. He stated that he was not in favor at all of trash pickup in the front. Mayor Pollard pointed out that on his street, which is in the estate section, the trash is picked up from the front, and they have not had any problems with this. Councilman Sample stated for Mr. Walden that his concern with this system would be that there would be a mess because people would not take proper care in seeing that any scattered trash was picked up. Mr. Walden stated that an easement could be provided to allow people from the two houses at the front of the cluster to have access to the alley in order to have the trash picked up from the rear. He then stated that there were two things to consider in this situation, (1) people would be walking beside the homes of others and (2) when trash is torn open and scattered in an alley, it is not as likely to be picked up because it is not noticed as readily as it would be in the front. Councilman Dodds stated that he was simply concerned with keeping the trash up off the ground, and he was interested in the possibility of some type of container being provided for this purpose. Councilman Adeler asked about the method of handling the common drive. Mr. Walden stated that each group of four homes in a cluster would be a mini-homeowners association, and problems would be handled on the basis of deed restrictions. Mayor Pollard was concerned about the enforceability of the deed restrictions. Mr. Walden stated the problems would have to be worked out by arbitration by the committee of four and, if they could not be resolved, the next step would be a lawsuit. Councilman Poole asked if the common drive would be jointly main- tained. Mr. Walden answered that it would be and that all of these technicalities would be covered in the deed restrictions. Mr. Walden stated further that in the zero lot line and cluster type developments, the deed restrictions are easier to enforce due to a common cause. Councilman Sample was concerned about this as well as about the common drive. Mayor Pollard asked if any of the cluster homes were being lived in as yet. Mr. Walden said that they were but that they have not been in place long enough to give a good idea of what the experience will be. He stated further that it would probably be about five years before they could get a good idea about how they are working out, however, so far no disputes have come to the attention of Fox & Jacobs. Councilman Poole was concerned that as subsequent owners begin to take over the homes in these clusters, the spirit of togetherness might be lost. After further discussion about the trash pickup, Mr. Walden stated that he still felt the better approach would be to try having the trash in the parkway in the front, and also that an easement could be put in during development and simply not used at first. Mayor Pollard also pointed out that the Council was told by Mr. Ron Morris during their recent tour that the houses in the cluster would be built so that the garages would be adjacent tc each other, therefore, people walking down the easement to the alley should not be a problem. Mayor Pollard also wanted to know about the market for the cluster homes. Mr. Walden stated that the average age of couples buying this type of home in Cedar Hill was 28. Mr. Walden also stated that EDS is expected to break ground for their facility in northern Plano next year. Mayor Pollard then asked about the possibility of paving North Colony Boulevard to Stewarts Creek Park. Mr. Walden stated that their plan would be to pave this in sections as the area is developed. In a discussion of minimum house sizes in the clusters, Mr. Walden stated that the following are some of the minimums in other cities: Richardson 800 Allen 825 Dallas No minimum Cedar Hill 900 Mayor Pollard stated that he was interested in retail and commer- cial development in order to provide a better tax base. It was Mr. Walden's feeling that The Colony was simply not ready to support very much more retail development at this time. He explained that if you over compete, the existing local merchants will be hurt. Councilman Sample asked about the possibility of fast-food restaurants in The Colony. Mr. Walden answered that Fox & Jacobs had tried to get some of them to come to the area with no results so far. Mayor Pollard asked about the type of houses to be built in the clusters and was told that F&J planned to try to have a variety so that they would not all be alike. Mayor Pollard was also concerned about these houses coming all the way up to FM 423 without any fencing, stating that he did not like the fact that the duplexes have been done in this manner. In discussing traffic flow in and out of The Colony, Mr. Walden brought up a proposal which he felt would be good for the whole community. He stated that Fox & Jacobs would be willing to help with the financing for an extension of Blair Oaks Road to Highway 121, even if the high school is not built in this area. Mayor Pollard asked about the time frame on this, and Mr. Walden answered that he would propose that this be done along with the other projects being presented tonight, and he stated further that he would be interested in doing this before paving costs go up. Janice Carroll brought up the fact that this would mean that a lot of traffic would be going past Camey Elementary School, and Mr. Walden answered that this would definitely need to be carefully policed. He stated further that this extension of Blair Oaks could be in in just a few months. He also said that this would be approximately a $300,000 project, and the cost would be shared by the city and the school district. At this point, Mayor Pollard asked that Mr. Walden come back before the Council with a formal presentation on this total package. He also asked that the options on trash collections be addressed at this time for Councilman Sample. Councilman Poole also asked about the minimum square footage plans in the cluster development. She would like to see the percentages broken out on this. Mr. Walden stated that he planned to ask for a 900-square-foot minimum in the clusters. Councilman Sample asked about the possibility of going with an average square feet per cluster basis, and Mr. Walden stated he would have no problem with an ll00-square-foot average. Mayor Pollard stated that he wished to look at all of these alternatives, and Councilman Poole stated again that she wished to look closely at the average square foot option, as she is particularly concerned with this. Councilman Sample stated that he simply wanted a guarantee that if this average is used, they would not all be 900 square feet in size. Mayor Pollard was of the opinion that the clusters would be an improvement over what has been done in the past. It was the consensus of the Council to have a special work session November 8, 1982, at 7:30 p.m. at which time Mr. Walden will come back before the Council with further information on all of the various options which have been discussed. The Council's main concerns were the average house size and garbage pickup. -4- 5. CLOSED DOOR SESSION AS AUTHORIgED BY ARTICLE 6252-17 OP VERNON'S ANNOTATED CIVIL STATUTES A. CITY MANAGER B. PENDING LITIGATION At this time, Mayor Pollard announced that the Council would meet in a closed door session, and that no further action would be taken by the Council following this session. Upon reconvening in open session, there being no further action to be taken by the Council, Councilman Parker moved to adjourn the meeting. Seconded by Councilman Dodds, the motion carried by the following vote: Ayes: All members present voted aye Noes: None Mayor Pollard adjourned the meeting at 2:35 a.m. GENE ~OLLARD, MAYOR ATTEST: JANICE CARROLL, CITY SECRETARY -5-