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,
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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
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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
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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
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