HomeMy WebLinkAbout11/08/1982 City Council MINUTES OF THE CITY COUNCIL
OF THE
CITY OF THE COLONY HELD ON
NOVEMBER 8, 1982
A SPECIAL SESSION of the City Council of the City of The Colony,
Texas, was called to order at 7:00 p.m. at City Hall, with the
following members present:
Gene Pollard Mayor
Scott North Councilman
Norman Adeler Councilman
Charlie Parker Councilman
Charles Dodds Councilman
Marlene Poole Councilman
and with Councilman Larry Sample absent; however, a quorum was
established.
1. APPROVAL OF MINUTES
Councilman Parker moved to approve the minutes of the Special
Session held on October 28, 1982, and the Regular Session held
on November 1, 1982, as presented. The motion was seconded by
Councilman Poole. Councilman Adeler advised that on Page 2 of
the minutes of October 28th, the name of the candidate for District
Judge who attended this meeting should be changed to Judge Gray.
Mayor Pollard then called for a vote upon the motion on the floor.
The motion passed by the following vote:
Ayes: All members present voted aye
Noes: None
2. RECEIVE CITY MANAGER'S STATUS REPORT
Janice Carroll, Acting City Manager, advised that a demographic
survey is in progress in The Colony at this time, which is being
conducted by North Texas State University. A random sampling
of 575 letters was mailed out to residents, and personal interviews
are now being conducted. Mrs. Carroll then introduced Mr. John
Kincaid, one of the people participating in this study, who stated
that he would like to interview members of the City Council at
some point, as well as other leaders of the community not included
in the letters which have already been sent out. Mayor Pollard
asked if a list of the questions being used in this study would
be available for the Council to look at. Mr. Kincaid answered
that these questions could not be made available in advance but
would be available at the conclusion of the study. He explained
that since The Colony is a relatively small community they felt
that releasing the questions in advance would result in the personal
interviews possibly now being as spontaneous if a person had heard
the questions in advance. Mayor Pollard then asked Mrs. Carroll
if she had seen these questions, and she stated that she had but
that she did not have a copy. She further advised that she had
no problem with these questions, which cover a broad range of
subjects. Mayor Pollard then asked Mr. Kincaid what the purpose
of this study was. Mr. Kincaid answered that as a new community,
they felt that The Colony could provide valuable information con-
cerning growth and development. Mayor Pollard then asked when
this information would be available, and Mr. Kincaid answered
that it should be ready by February 1983 and, further, that 100
people had been interviewed this week. Mayor Pollard also asked
if it was necessary to conduct this study by personal interview,
and Mr. Kincaid answered that this was necessary, as the study
was much too lengthy to be handled by telephone. Councilman Poole
asked who had provided the funds for this survey, and Mr. Kincaid
stated that the money came from a National Endowment for the Humanities.
Councilman Parker asked why they had chosen The Colony for this study.
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Mr. Kincaid answered that they were interested in The Colony as
a new, developing community.
She then advised that copies of the financial report for October
had been placed in the Council's boxes today.
Mrs. Carroll then provided Council members with copies of the
Management Letter sent to the city by Peat, Marwick, Mitchell
& Company last year and stated that most of the suggestions in
this letter had already been implemented. Some of the things
in this letter which have not been done, she stated, are: (1)
a financial procedures booklet, (2) financial statements from
Council members, which she said would be taken care of as soon
as possible, (3) report from Denton County Tax Appraisal District
showing improvements, suchas swimming pools and (4) addition of
cost estimate of city streets to inventory.
She advised that she had received notice that the Stewarts Creek
Park lease had been approved. She stated that she would like
for Councilman Parker and Parks and Recreation Director Rick Herold
to help her review these papers before signing, especially with
regard to inventory.
She advised the Council of a letter she had received from the
Interim Regional Transportation Authority giving information about
the adoption of a Preliminary Draft Service Plan on December 16th
and giving August 13, 1983 as Election Day. She said that she
would be giving the Council more information about this in the
future.
Mrs. Carroll stated that Council had requested information concerning
the cost of services to an individual household in The Colony.
She advised that based on the operating budget, this would be
$351.26 per year or $29.27 per month. She stated that with a
tax rate of $.34 revenue from a home valued at $60,000 would be
$204 or $17 per month.
Mayor Pollard reported that the splicing of the telephone cable
on FM 423 was due to begin November 15th with a projected completion
date of December 15th.
Councilman North asked about the status of the health insurance
for city employees. Mrs. Carroll advised that she had a meeting
scheduled with a representative of Aetna Insurance the morning
of November 9th, at which time we should be given information
concerning the extension of our present rates. It was noted that
the city was told by the insurance agent that the rates would
be in effect for 16 months and the contract states that they are
effective for only 12 months. Councilman Poole asked if it
would be necessary to have the full 30-day extension being requested,
and Mayor Pollard answered that 30 days was barely enough time
to evaluate proposals and make a decision.
3. CONSIDERATION OF APPOINTMENT OF AGENT OF RECORD
Mayor Pollard stated that Steve Hines and Roosevelt Johnson had
indicated their willingness to serve in this capacity for the
city and the Municipal Utility District. Councilman Dodds moved
that Steve Hines and Roosevelt Johnson be appointed as agents
of record to handle health insurance for the city and MUD. Seconded
by Councilman Adeler, the motion carried by the following vote:
Ayes: All members present voted aye
Noes: None
5. RECEIVE FINANCIAL REPORT FROM CATV
Mayor Pollard noted that Mr. Ben Campbell of CATV was not present
and, therefore, this item would be considered at a later date.
4. CONSIDERATION OF DEVELOPMENT PROPOSAL AS PRESENTED BY FOX
& JACOBS, INC.
Mayor Pollard introduced Mr. Ron Walden of Fox & Jacobs. At their
meeting on November 1st, the Council had requested that Mr. Walden
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come back before them with more detailed information concerning
new housing concepts being proposed for The Colony. Mr. Walden
explained again the larger lot development being proposed for
the northeastern section of The Colony south of Turner Street
and bounded by the railroad tracks on the east. Fox & Jacobs
is proposing to develop lots ranging in size from slightly less
than an acre up to approximately 2½ acres in a rural setting with
residential streets of crown-type construction with shallow bar
ditches and no curbs or gutters. The lots would be available
for individuals to purchase and build on, as well as to other
builders and Fox & Jacobs might also build on some of the lots.
The area comprises about 115 acres. Councilman Parker asked about
the elevations of the area, and Mr. Walden answered that the lowest
area would be 580 feet (the creek area) and that this was approxi-
mately 40 feet above the Corps of Engineers flood plain level
of 537 feet. Mr. Walden also stated that the eastern edge of
this area would be an ideal park area or could possibly be used
for equestrian trails with the lots bordering the park area possibly
being deep enough for horses. Councilman Parker asked about how
far away the railroad tracks were from this area, and Mr. Walden
answered approximately one mile. Councilman North was concerned
that this area is the only place left in the city where the rail-
road would be available for industrial development, as the remainder
of the railroad borders the IBM property, and the railroad is
the eastern city limit boundary. Councilman North also stated
that the Industrial Development Corporation had been looking at
this particular site for potential industrial development. Council-
man North was also concerned that this development would make
the traffic situation in the city worse than it already is. Council-
man Parker asked if there was any other area in the city which
Fox & Jacobs felt would be suitable for this larger-lot size develop-
ment. Mr. Walden stated that there is an area on the west side
of FM 423 and on the western city limit border, which would have
a view of the lake but does not yet have sewer and water. He
also stated that this area if flatter than the proposed site.
It will be about 18 months before this area west of FM 423 has
water and sewer available, depending on when MUD sells the bonds.
Councilman Dodds asked if Mr. Walden would still want to use
the proposed site if the area west of FM 423 were available for
the same type development. Mr. Walden answered that he feels
the proposed site lends itself well to this type of development
due to the topography and also pointed out that zoning an area
for industrial does not automatically assure that there will be
industrial development. Mr. Walden stated further that in his
opinion without an extension of North Colony Boulevard to Highway
121, industrial development on this site would be questionable
due to poor access. Mr. Walden also stated that neither EDS nor
Frito-Lay, who are planning facilities east of the railroad were
that concerned about rail access, although IBM was at the time
they purchased their land. Mayor Pollard then stated that two
property owners east of the railroad have agreed to provide access
for an extension of North Colony and he is currently discussing
other possibilities with Mayor Clanton of Frisco. Councilman
Parker then asked Mr. Walden if Fox & Jacobs was adamant about
this proposal, and Mr. Walden stated they were not but that he
would like to see this type of development somewhere in The Colony
in order to provide a variety of housing. Councilman North felt
that this type of development would be more suited to lake-view
property than near a railroad. Councilman Sample stated that
during the formation of the Industrial Developmet Corporation,
the importance of rail access was stressed very heavily. There
was then a discussion of whether or not North Colony Boulevard
could be extended to the railroad if Fox & Jacobs did not develop
this proposed site. Mr. Walden stated that Fox & Jacobs would
gain nothing by doing this. Mayor Pollard then asked if North
Colony could possibly be extended as a two-lane road as a section
has already been done going south for a short distance, as a tem-
porary measure, and Mr. Walden answered that this was a possibiliqy.
Councilman North then asked Mr. Walden about the possibility of
extending North Colony Boulevard on the west side of FM 423 if
this area were developed, with North Colony providing better access
to Stewarts Creek Park. Mr. Walden stated that this could be done
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as the area was developed.
At this point, Mayor Pollard called for a five-minute recess,
as he was leaving to attend the Municipal Utility District Board
meeting.
The meeting was reconvened by Mayor Pro Tem North. Councilman
Sample had arrived at this point and took part in the remainder
of the meeting.
At this time, Mr. Walden stated that The Colony presently has
approximately 1,390 acres zoned for industrial development which
is around 21% of the city, and he pointed out that this is a
larger percentage than most cities have of this type of zoning.
Councilman Sample asked what type of land industrial users usually
look for, and Mr. Walden answered that it really depends on the
type of industry and the user. Councilman North then stated
that he was not at the last Council meeting when these larger
lots were discussed, but he was concerned about the fact that
the area would have no curbs or gutters and bar ditches beside
the streets. One of his primary concerns was drainage, and Mr.
Walden explained that since only a small percentage of the land
area in the development would be covered with cement or the houses
themselves, much more water could be soaked up by the land than
in other areas of the city and that the excess would go either
into the creek to the east or would end up in the storm sewers
along North Colony Boulevard. Councilman North then stated that
he would like to see some other developments of this type before
making any decision. There was no consensus reached by the Council
concerning this larger-lot size development at this time.
Mr. Walden next presented the cluster-housing concept, which
was also discussed at the Council's last meeting. This is a
proposed planned development, and the basic layout involves an
approximate three-lot area with a cluster of four houses with
a common drive creating a small 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 in an area bounded by Augusta on the south and
Nervin on the north and surrounded by the present duplexes.
Mr. Walden stated that the Cities of Dallas and Allen have already
started planning on cluster home developments, and one has already
been built in Cedar Hill which the Council toured recently. Council-
man North asked if this area west of FM 423 had utilities already
in place and Mr. Walden answered yes. Councilman North then
asked if the utilities would have to redesigned to accommodate
this type of development. Mr. Walden explained that the hookups
from the street would have to be redone. Councilman Poole then
asked how many of these four-house clusters were planned for
the area. Mr. Walden stated that there would be a total of 241
units, which would include some areas with only two houses.
Councilman Poole then clarified that if the area were developed
as it is now platted, only about 165 units would be built. Mr.
Walden stated this was correct. Councilman Dodds then asked
what was the planned average square footage in each cluster,
and Mr. Walden answered that as they are now planned, this average
would be 1070 square feet. It was Mr. Wa]den's suggestion at
this point that a simple way to solve the question of square
footage would be to plan for only one house per cluster to be
under 1000 square feet. Councilman Poole then asked how many
houses were already built in Section 27 under 1000 square feet,
and Mr. Walden answered that there were none. Councilman North
stated that his main concern was the mix of house sizes in the
area and he felt that the plan of only one house under 1000 square
feet per cluster would work out well. Councilman Poo]e then
said that she agreed with this concept, which would mean that
60 houses would be under 1000 square feet, but she would not
be in favor of the other three being ]ess than 1100 square feet.
Councilman North stated that he did not think a house of 900
square feet would be built in each cluster, however, Councilman
Poole did not agree. Mr. Walden stated that he did not feel that
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the marketplace could be leg&slated. Councilman ~orth clarified
at this point that this would be a planned development, which
does allow for new concepts. Councilman Poole stated that she
felt that the planned development simply gave Fox & Jacobs carte
blanche to do as they wished, and she still had a problem with
the very-small homes. It was then clarified that the housing
mix in each cluster would be as follows:
One house under 1000 square feet (900-999)
Two houses between 1000 & 1100 square feet
One house over 1100 square feet
Mr. Walden stated that with this product it would not be possible
to achieve an 1100 square foot average. Councilman Poole pointed
out at this time that with this cluster concept, they would be
able to build 80 more houses in this area than originally platted.
Councilman North asked about the possibility of a park site in
this area, and Mr. Walden pointed out an area to the west of
the site which is set aside for a park. Councilman Dodds wished
to clarify that all of the interior walls of the houses in the
cluster would be without openings, and Mr. Walden stated that
this was correct. Councilman Sample questioned the easement
between the houses which is proposed to be used for access to
the alley for garbage pickup. He was concerned that this easement
would be muddy a great deal of the time due to the fact that
the area is narrow and would not get much sun, and he suggested
that possibly a narrow walk or stepping stones could be provided.
Councilman Adeler asked if the 900 square foot home would have
two bedrooms, and Mr. Walden stated that it would and that there
would be no one-bedroom homes in this development.
Mayor Pollard returned to the meeting at this time (8:50 p.m.)
and participated in the remainder of the meeting.
A member of the audience questioned the parking in the cluster,
and Mr. Walden explained that each of the four garages were either
side entry or to the back and that there would be 12 parking
spaces in each cluster. Mr. Walden explained further that this
should mean less on-the-street parking than usual. Councilman
Sample then asked how the situation would be handled if one home-
owner in the cluster blocked the common drive. Mr. Walden explained
that this would be a neighborhood problem and would be handled
by the owners in the cluster themselves who make up a small home-
owners association or a committee of four. Councilman North
wished to know if these deed restrictions would be fully explained
at the time the homes were purchased, and Mr. Walden stated that
they would be. Councilman Adeler stated that the security would
probably be better since all of the homes in the cluster look
out on a common area, and they would tend to look out for each
other. Mayor Pollard stated that he had no problem with this
concept but did have a reservation about the total operation.
Mr. Walden stated that the revenue per unit would be $204 and
the cost of services would be around $300 per unit. Mayor Pollard
stated that he felt The Colony did need some immediate tax relief
to help offset this in the form of commercial or retail development.
He did, however, agree that an acceptable blend of housing was
needed and that it was imperative for The Colony to grow. He
asked Mr. Walden if Fox & Jacobs had any plans for additional
commercial or retail outlets and he also asked how F&J would
handle the fact that this plan would take all of The Colony's
water capacity within 12 months, as the additional water from
Dallas will not be available for approximately 20 months. Con-
cerning the water situation, Mr. Walden did not feel that, realis-
tically, they could built enough houses to threaten the capacity,
and he did state again that they would simply stop building before
this happened. Mayor Pollard then asked about the statement
that Fox & Jacobs needed to build 650 homes per year in The Colony,
and Mr. Walden said that they would like to get back to this
at some time but that they do not see this in the near future.
Mayor Pollard then stated that The Colony would then probably
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have higher water and sewer rates to contend with, and Mr. Walden
agreed that yes these rates would have to be increased. Councilman
Sample then pointed out that the City of Frisco has much more
retail and commercial development than The Colony with a smaller
population, and it was brought out that there is a large difference
in costs due to the age of the buildings and also that Frisco
has a large area of farm land to draw from. The consensus of
the Council concerning the cluster housing was that they were
agreeable to the plan as long as only one house per cluster was
less than 1000 square feet.
Mr. Walden next presented Fox & Jacobs proposal for the extension
of Blair Oaks Road to Highway 121. Councilman North asked what
type of thoroughfare this would be. It was explained that this
would be a 37-foot wide collector-type street with standard cement
paving as the other streets in The Colony. Fox & Jacobs proposes
to have this extension completed by March 1, 1983, with a cost
to the city and School District of $70,798. Councilman North
asked if a bridge would be needed to cross Office Creek. Mr.
Walden stated that this would probably be piped right now. Mayor
Pollard asked about the time frame of the east-west road proposed
to run between South Colony Boulevard and Highway 121. Mr. Walden
answered that it would be hard to say at the present time unless
the School District or the hospital begin construction in the
area. This might be 18 months to two years in the future. In
the future, when Highway 121 is upgraded, Blair Oaks Road would
only go as far as the service road of Highway 121. There was
then a discussion concerning future industrial development along
Highway 121 and the fact that the water line from Dallas and
the EDS plans should have a major effect on The Colony. Mayor
Pollard felt that the spring of 1985 would be a key time in The
Colony's development. Mayor Pollard stated that he and the Council
were very concerned with The Colony's tax base being stabilized,
and he stated that a $24-$25 per capital sales tax would accomplish
this. Councilman Sample was concerned that while waiting for
this development to happen, The Colony's citizens were "footing
the bill for land speculation". Councilman North asked where
the $35,000 share of the Blair Oaks extension would come from.
Mayor Pollard stated that there were funds available in the street
improvement fund now to cover this. Mayor Pollard at this time
asked for a consensus of the Council concerning this proposed
extension of Blair Oaks Road, and everyone present was in favor
of the project.
Mr. Walden then stated that he would like to present one more
new idea to the Council for their consideration. Fox & Jacobs
would like to construct another manufactured test house on the
west side of FM 423. He stated that this type of house is known
as closed-wall construction and that the core would be shipped
to the site and the walls would be put up on the site. He stated
further that Mr. Bradburry had seen one of these houses. Councilman
Sample was concerned with the fact that this house would be inspected
by Fox & Jacobs employees only. Mr. Walden pointed out that
in the future the state would be setting the standards for this
type of construction. Mayor Pollard then asked for a consensus
of the Council, and all members present stated that they would
be in favor of this test house. Councilman North stated that
the Council might like to come out and see the house when it
is in place. Mrs. Carroll then discussed the scheduling of the
zoning process on the cluster houses, stating that this could
be on the agenda of the Planning and Zoning Commission on December
7th and then on the Council's agenda for December 13th. Mrs.
Carroll then clarified for Councilman North that the planned
development process would be a zoning case and would require
an ordinance setting out the stipulations for the planned develop-
ment.
6. CLOSED DOOR SESSION DEALING WITH PERSONNEL AND PENDING LITI-
GATION AS AUTHORIZED BY ARTICLE 6252-17 OF VERNON'S ANNOTATED
CIVIL STATUTES
A. CITY MANAGER
B. MUNICIPAL JUDGE
C. FRISCO SUIT
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Mayor Pollard announced that the Ccunci] would now meet in a
closed door session and that no further action would be taken
by the Council after this session.
Upon reconvening in open session, there being no further business
to be conducted by the Council, Councilman Dodds moved to adjourn
the meeting. Seconded by Councilman North, the motion carried
by the fo]lowing vote:
Ayes: All members present voted aye
Noes: None
Mayor Pollard adjourned the meeting at 12:00 midnight.
ATTEST:
JAN I ROLL ETARY
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