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,
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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
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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.
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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
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