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HomeMy WebLinkAbout12/05/1983 City Council MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON DECEMBER 5, 1983 A REGULAR SESSION, of the City Council of The Colony, Texas, was called to order at 7:30 p.m. with the following members present: Larry D. Sample Mayor Scott North Councilman Noel Long Councilman Norman Adeler Councilman Charles Dodds Councilman Marlene Poole Councilman And with Councilman Don Amick absent; however, a quorum was established. 1. PLEDGE OF ALLEGIANCE Mayor Sample led the Council and members of the audience in the pledge to the United States flag. 2. CITIZEN INPUT Mayor Sample recognized Mr. Jeff Christensen. He was concerned about the legality of persons cutting firewood from what he believed to be the Office Creek property. After some discussion, City Manager, Janice Carroll advised him the property in question was actually privately owned property that backed up to the Office Creek property. She advised him however, that it is illegal to cut fire wood from publicly or privately owned land and thanked him for his concern for our city. 3. ESTABLISHYrENT OF HOLIDAY MEETING SCHEDULE City Manager, Janice Carroll recommended that because of the holidays, we should change our meeting dates so they would not conflict with the holidays. A general consensous of the Council was made and it was decided the holiday schedule would be as follows: December 14th, 1983 and again January 4th, 1984. 4. REQUEST FROM JAYCEES FOR THE USE OF THE CITY HALL FOR THEIR "CALLS FROM SANTA" PROGRAM It was recommended by City Manager, Janice Carroll that they use the Parks and Recreation Department rather than City Hall. There was no one present to represent the Jacees. Without any further discussion by the Council, Councilman Dodds made a motion to approve the recor~f~endation as presented by Carroll. Seconded by Councilman North. The motion passed with a roll call vote as follows: Ayes: All members present voted aye Noes: None 5. CONSIDERATION OF ORDIANCE ESTABLISHING A PLANNED DEVELOPMENT ZONING FOR THE AREA GENERALLY LOCATED NORTH OF NORTH COLONY BOULEVARD AND ~A~ST OF GALLOWAY CONTAINING 360 SINGLE FAMILY LOTS AND KNOWN AS SECTION #29 At this time, Mayor Sample read the following Ordiance aloud: AN ORDIANCE AMENDING ORDIANCE NO. 61, THE COMfPREHENSIVE ZONING ORDIANCE OF THE CITY OF THE COLONY, TEXAS, AS AMENDED, PASSED AND APPROVED ON JUNE 4, 1979, GP~NTING A ZONING CHANGE ON A TRACT OF LAND WHICH IS WITHIN THE CITY OF THE COLONY, TEXAS, AND MORE FULLY DESCRIBED HEREIN; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM SF, SINGLE-FAMILY DWELLING DISTRICT TO PD, PLANNED DEVELOPMENT DISTRICT WITH ALLOWABLE USES OF SINGLE-FAMILY D~LLING (DETACHED), NEIGHBORHOOD SERVICE AND CHURCH ALL IN ACCORDANCE WITH THE ATTACHED DEVELOPMENT PLAN; REQUIRING THE DEVELOPMENT OF THE SINGLE- FAMILY TO BE IN ACCORDANCE WITH THE SF, SINGLE-FAMILY DISTRICT REGULATIONS PROVEDED BY THE COMPREHENSIVE ZONING ORDIANCE; REQUIRING THE DEVELOPMENT OF NEIGHBORHOOD SERVICE TO BE IN ACCORDANCE WITH _THE NS, NEIGHBORHOOD SERVICE DISTRICT REGULATIONS PROVIDED BY THE COMPREHENSIVE ZONING ORDIANCE; PROVIDING THAT THE DEVELOPMENT CONDITIONS SHALL BE CONDITIONS PRECEDENT TO THE GRANTING OF A CERTIFICATE OF OCCUPANCY AND COMPLIANCE; CORRECTING THE OFFICIAL ZONING M~P; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDIANCE; PROVIDING A SEVERABILITY cLAusE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGE AND AMENDMENT HEREIN MADE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR NOR MORE THAN TWO HUNDRED DOLLARS FOR EACH OFFENSE AND SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. Councilman North made a motion to accept the Ordiance as presented. Seconded by Councilman Adeler. Councilman Poole expressed some concern about the percentage of housing on this property. City Manager, Janice Carroll advised that would be done during the platting process and that it will also designate a park area. Councilman North then clarified that the Ordiance was to change this to a Planned Development Zoning and that the Council would have some reins on how the property would be developed in the platting process. Carroll specified that it also would designate church and neighborhood service areas that would have seperate uses from the Single Family areas. Mayor Sample then called for a vote upon the motion on the floor which passed with the following roll call vote: Ayes: All members present voted aye Noes: None 6. PUBLIC HEARING REGARDING A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS FAMILY TO SPECIAL USE PERMIT CLASSIFICATION FOR THE ~ CONSTRUCTION OF A CHURCH ON PROPERTY LOCATED ON THE SOUTHEAST CORNER OF NORTH COLONY BOULEVARD AND PHELPS STREET AS REQUFSTED BY THE ROMAN CATHOLIC DIOCESE OF FORT WORTH, TEXAS Councilman Dodds made a motion to open the Public Hearing. Seconded by Councilman Poole. All present voted in favor of opening the Public Hearing. City Manager, Janice Carroll passed out maps to the Council. Mr. & Mrs. Beckel were present to represent the church. Carroll reminded everyone present that the proposed Master Land Use Plan already has the property defined for church use. She could forsee no problems for this 9.848 acres. Mayor Sample had some question as to the location having the proper right of way reserved there. It was mentioned there may have to be some future name changes for the North Colony Boulevard extension. Carroll assured the Council that there was in deed the proper right of way and agreed that the future name changes would possibly be made. Mr. & Mrs. Beckel said that the time table for the actual completion of the church could be as long as two years from now. With no further discussion, Councilman North moved to close the Hearing and have the Ordiance prepared. Councilman Dodds seconded the motion which passed with the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Sample then skipped to item 8. 8. CONSIDERATION OF AN ORDIANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT ~IITH FRS DESIGN GROUP, INC. City Manager, Janice Carroll stated the whole agenda package was designed around the fact that our attorney Mr. John Boyle would be present to go over it and answer any question we may have, however, he was called out of town suddenly. Therefore, unable to attend, he dictated the following correction to the Contract over the phone before he left that could easily be inserted into Section 15.2. He agreed that we should certainly make the contract contingent on the sale of the property. The correction reads as follows: Section 15.2 The City's obligations under this contract are contingent upon the sale of certain City property described generally as: Ail payments due and payable under this agreement are payable soley from the proceeds of the aforesaid sale. Mayor Sample then presented the Council with a Cormnitment of Title for said property from American Title Company. He stated he felt we would only need to review the description of the property. Councilman Poole made the motion to authorize the City Manager to enter into a contract with FRS Design Group, provided the contract include the proposed revision to section 15.2. Councilman North seconded and the motion passed with the following roll call vote. Ayes: All members present voted aye Noes: None 9. CONSIDERATION OF AN 0RDIANCE REQUESTED BY CATV SYSTEMS, INC. FOR THE SALE OF SAID COMPANY Mr. Richard'Thiesson, Vice President of Communications Services, Inc. came forward and gave a brief description of the history of his company and the type of service they provide for thier customers. Councilman North asked where the regional office would be located. Mr. Thiesson said it would be located in Allen but the present building in The Colony would continue in its current capacity. All local services would continue to be handled out of it. North ,then asked about further expansion of lines west of 423. He said they would continue to work very hard to get that area taken care of as soon as they possibly could but they were already behind and he couldn't give any dates. He also mentioned that his company would be offering additional services to its customers and that rates would eventually have to be adjusted accordingly. He said there would also be some realignment of the cable channels, but the boxes already in peoples homes would be the same. He assured the Council that all contract agreements with CATV would be honored by his company, They plan on participating with Group W Cable on the new cable channels. He went on to say that the sale of CATV was an all or nothing deal. Meaning that the deal also included offices in Highland Village, Frisco and Flower Mound as well as The Colony, however, he doesn't forsee any hold ups. Mayor Sample was concerned about the problems with outages after hours and on weekends. Mr. Thiesson gauranteed that they would maintain local servicemen and have emergancy numbers to call after hours that would be answered by a person not an answering maching. He would also provide the City offices with these numbers. At this time, the Mayor read the proposed Ordinance aloud as follows: AN ORDIANCE AMENDING ORDIANCE NO. 123 OF THE CITY OF THE COLONY, TEXAS, PASSED AND APPROVED BY THE CITY COUNCIL ON OCTOBER 20, 1980, GRANTING A CABLE TELEVISION FRANCHISE TO TV CABLE FO THE COLONY, INC,; BY AMENDING SECTION 2 RELATING TO DEFINITIONS; GRANTING CONSENT TO A SALE, ASSIGNMENT OR TRANSFER OF THE CABLE TV SYSTEM AND FRANCHISE TO COMMUNICATIONS SERVICE, INC. CONDITIONED UPON FILING THE REQUIRED INSTRUMENT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON ~ICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Councilman Dodds move~ that the Ordinance be accepted as read and it was seconded by Councilman North. Councilman Poole asked for a clarification of the property involved in the sale. Mr. Thiesson stated that only the building and the easement immediately surrounding it would be involved. He went on to say that the road leading to the building would be paved and that they were working with Stone Lewis Development Co. to fix the retaining wall. The land in the front of the building was to be cleaned up by the current management before the take over, also. He said that they check their systems out once a month and that they would coordinate this with the City when they test their sirens. With no further discussion, a roll call vote passing the ordinance was as follows: Ayes: Ail members present voted aye Noes: None At this time, Mayor Sample introduced the new Director of City Services, Mr, Steve Reed. 10. DISCUSSION OF APARTMENT COMPLEX LICENSE AND SINGLE FAMILY DEFINITION. Councilman North moved that we table this item until the attorney, Mr. Boyles could be present. Seconded by Councilman Poole. The item was tabled. 11. CLOSED DOOR SESSION REGARDING PERSONNEL, AS AUTHORIZED BY ARTICLE 6252-17 OF VERNON'S ANNOTATED CIVIL STATUTES AS AMENDED ' A. LITIGATION B. BOARD APPOINTMENTS Mayor Sample announced the Council would go into closed door session to discuss the above mentioned matters. 7. CONSIDERATION OF APPROVAL OF A CONTRACT SUBMITTED BY GOLFTEXAS, INC. FOR THE LEASE OF LAND LOCATED IN I,~NNEWOOD. Upon reconvening in open session, Mayor Sample asked for a motion to give the City Manager the authority to negotiate and finish a contract with Golf Texas. Councilman Dodds made the motion, seconded by Councilman North and passed with the following roll call vote: Ayes: All members present voted aye Noes: None 12. CONSIDERATION FO APPOINTMENT TO THE PARK & RECREATION BOARD Councilman Dodds moved to appoint Mr. Charlie Parker to Place 5 of the Parks & Recreation Board, seconded by Councilman Poole. - The motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None At this time, Mayor Sample announced the Council would go back into closed session. There being no further action, Councilman Dodds moved to adjourn the meeting, seconded by Councilman North. The motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Sample adjourned the meeting at 10:49 p.m, ar?y D. Sample~, Mayor ATTEST: J et/g~id, City Secretary