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HomeMy WebLinkAbout01/10/1983 City Council MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON JANUARY 10, 1983 A SPECIAL SESSION of the City Council of the City of The Colony, Texas, was called to order at 7:00 p.m. with the following members present: Gene Pollard Mayor Scott North Councilman Larry Sample Councilman Norman Adeler Councilman Charlie Parker Councilman Charles Dodds Councilman Marlene Poole Councilman and with no members absent; thus, a quorum was established. 1. APPROVAL OF MINUTES Councilman Parker moved to approve the minutes of the January 3, 1983, meeting as presented. Seconded by Councilman Poole, the motion was passed by the following vote: Ayes: Councilmen North, Sample, Parker and Poole Mayor Pollard Noes: None Abstentions: Councilmen Adeler and Dodds 3. CONSIDERATION FOR APPROVAL OF AN ORDINANCE GRANTING A PLANNED DEVELOPMENT ZONING FOR CLUSTER GROUPINGS OF RESIDENTIAL HOMES IN SECTION NO. 24 ON THE FOLLOWING STREETS--JENKINS, LARNER AND NERVIN Mayor Pollard announced that Item No. 2 would be considered later in the meeting and proceeded to Agenda Item No. 3. At this time, he read the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE COM- PREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY SO AS TO CHANGE THE PROPERTY DESCRIBED AS LOTS 1-10, BLOCK 205, LOTS 1- 10, BLOCK 206, LOTS 1-25, BLOCK 208, LOTS 1-49, BLOCK 209, AND LOTS 23-45, BLOCK 210, THE COLONY NO. 24, AN ADDITION TO THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME B, PAGE 155, OF THE MAP OR PLAT RECORDS OF DENTON COUNTY, TEXAS TO "PD" PLANNED DEVELOP- MENT DISTRICT CLASSIFICATION; PROVIDING FOR SPECIAL CONDITIONS; 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. Councilman North moved to approve this ordinance as presented. This motion was seconded by Councilman Parker. Prior to voting, Mayor Pollard called on Tom Forrest, Manager of the Municipal Utility District, to address the Council. Mr. Forrest stated that he was concerned that many of the residents surrounding this area felt that the water system could not handle the additional density. He stated that the District engineer has reviewed these plans and does see no problem with them. Also, he urged those people that are experiencing any water pressure problems in this area to contact the District, as there should be no water pressure problems in The Colony. Mayor Pollard then called on Councilman Sample to address traffic control. Councilman Sample advised the Council that he has met with Mr. Ron Walden of Fox & Jacobs to discuss the potential traffic problems in this area. He stated that they had agreed that Curry, which does run north and south, -1- 00i 0 will be marked for no parking. L~rner, which does access onto FM 423, will be widened to a 37-foot collector street. He also stated that he would recommend that the Council call a Public Hearing on the closing of Nervin Street. Mayor Pollard asked what the width of Curry Street is. Mr. Walden advised that it Js a 27-foot residential street and, for that reason, they felt it imperative that it be designated as a no parking area. Council- man Sample clarified that this no parking on Curry would run to the alleyway on the south side of Larner. Mr. I. R. Bradburry, Director of Community Development, also had reviewed this develop- ment plan presented by Fox & Jacobs in detail. He told the Council that he did recommend that the trash be picked up in the front of the clusters rather than in the alleyway. However, Mr. Walden advised the Council that they will place an access easement on the final plat that will be presented to them in case trash pickup could be handled Jn the rear. Councilman Sample agreed that this does keep the option open for the Council to make the decision on this issue. Mayor Pollard asked about landscaping and what Fox & Jacobs had proposed to do in this area. Mr. Walden advised that they would be placing trees in the parkway and that also they were looking at windows in the garage to break up the long line of brick walls facing the streets. Councilman Sample asked about sidewalks. Mr. Walden said this had been discussed with the city, but a final decision had not been made. However, he, as well as Mr. Bradburry, were leaning toward a sidewalk against the curb. This would be best for maintenance. There followed some discussion by the Council regarding police and fire protection in this area. Mr. Bradburry stated that he did not see that this type of construction would present any particu- lar problem with the access for fire equipment to a residential home. Councilman Dodds advised the Council that The Colony will continue to have traffic flow problems until the surrounding roadways into The Colony are completed. He stated that Highway 121 from FM 423 to Interstate 35 will be widened in two and one- half to three years. Highway 121 from FM 423 to Preston Road has a five-year completion date, FM 423 will be widened within the city in eighteen to twenty-four months and Old Denton Road will be widened within twenty-four months. He stated that the citizens of The Colony are looking at the tollway being extended to Highway 121 within forty-five months. Based on these projec- tions, within the next five years the roadways will be completed that will give The Colony access to the North Dallas area. Mr. Walden of Fox & Jacobs asked if the Council had any particular concerns with the street lighting. He did advise that on Nervin and Jenkins, they did presently have 25% more l~ghting than a regular Colony street. The Council felt that this lighting was adequate at this time. Councilman Sample asked if the square footage buffer would be enforced by this ordinance. Mr. Walden advised that this buffer would be written into an amendatory document that would be filed with the deed restrictions for Sections 24 and 26, and he presented this amendatory document to the Council at this time for their future review. After further discussion, Mayor Pollard called for a vote upon the motion on the floor. The motion passed by the following roll call vote: Ayes: Ail members present voted aye Noes: none 4. CONSIDERATION FOR APPROVAL OF AN ORDINANCE ESTABLISHING WEED CONTROL PROCEDURES Janice Carroll, City Secretary, advised the Council that this ordinance was presented to them last week for review and dis- cussJon and that, based on this review, she had talked with the attorney about possibly removing the final sentence in Section 4. The attorney had no problem with removing this particular sentence that did allow for the mowihg of a lot to be at a minimum of once every 30 days. Councilman North moved to approve this ordinance as presented. The motion was seconded by Councilman Dodds. Councilman Sample asked if the city could prohibit a Certificate of Occupancy being issued for a home if the city had a lien filed on the property. Mr. Sartain, City Manager, stated that he would look into this. Councilman Parker stated that -2- Section 4 was slightly general and recommended that a violation be determined by the city. Councilman Sample seconded this amend- ment motion. Councilman Parker asked if a ten-day notice was required. Mr. Sartain answered yes this was per state statute. Mayor Pollard then called for a vote upon the amendment to this ordinance. The amendment passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Pollard then called for a vote upon the motion as amended. The motion to approve this ordinance passed by the following roll call vote: Ayes: All members present voted aye Noes: None 5. CONSIDERATION OF APPROVING THE COLONY POLICE RESERVE REIN- STATEMENTS Mayor Pollard then referred to the memorandum in the Council's packets from Chief Ristagno. He stated that, as per Ordinance No. 203, the Chief is presenting the following officers to the Council to consider their commission renewal for the year 1983. They are Sgt. Russell Clark,Sgt. Steve Page, Officer Carvel (Skip) Cole, Officer Robert Gill, Officer Paul Krajcovic, Officer John Whitley, Officer Patti Jones, Officer Debbie Cunningham and Officer Dwight Martin. Mayor Pollard further stated that the preceding personnel do meet all qualifications and standards of training as established by the Texas Commission on Law Enforcement Officer Standards and Education, including firearms qualification, are volunteer personnel of the reserve organization, who have complied with all the rules, regulations and orders for the conduct and control of the members, and Chief Ristagno does vouch for the good character, sober habits and adequate physical ability of each member. Councilman North moved to approve these reserves for reinstatement. Seconded by Councilman Dodds, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 6. DISCUSSION OF MERITS OF A FUTURE BOND PROPOSAL Councilman Parker moved to table this discussion to a later date. Seconded by Councilman Dodds, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 7. CONSIDERATION OF CALLING A PUBLIC HEARING TO CONSIDER THE ANNEXATION OF A LAND TRACT LOCATED NORTH AND EAST OF THE NORTHEAST BOUNDARY OF THE CITY LIMITS UPON THE PETITION OF UNDERWOOD DEVELOPMENT CORPORATION AND UNDERWOOD FINANCIAL CORPORATION Mayor Pollard advised the Council that, as a restraining order was placed upon the city at approximately 4:00 p.m. on January 7th, this item could not be acted upon at this time. Councilman Poole moved to table action on this. Seconded by Councilman Dodds, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None 2. CONSIDERATION FOR APPROVAL OF ORDINANCE ABANDONING STEWARTS CREEK ROAD IN CONSIDERATION OF OTHER PROPERTIES The Council did meet in a very brief closed door session regarding the acquisition of land. Upon reconvening in open session, Council- man North moved to table any action on this ordinance. Seconded -3- 0@140o by Councilman Dodds, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None 8. CLOSED DOOR SESSION DEALING WITH LITAGATION AS AUTHORIZED BY ARTICLE 6252-17 OF VERNON'S ANNOTATED CIVIL STATUTES, AS AMENDED Mayor Pollard announced that the Council would meet in closed door and that there would be no further action taken by the Council at this time. Upon reconvening in open meeting, Councilman Parker moved that the meeting be adjourned. Seconded by Councilman North, the motion carried by the following vote: Ayes: All members present voted aye Noes: None Mayor Pollard adjourned the meeting at 10:17 p.m. GEN~~~_~~ ATTEST: JAI'qI~E~ ~kROLL, CITY SECRETARY -4-