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HomeMy WebLinkAbout01/04/1984 City Council MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY I4E. I,D ON JANUARY 4,1984 A REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. at the Colony Fire Station #2, with the following members present: Larry D. Sample Mayor Scott North Councilman Noel Long Councilman Don Amick Councilman Charles Dodds Councilman Marlene Poole Councilman and with Councilman Adeler absent due to illness; however, a quorom was established. 1. PLEDGE OF ALLEGIANCE There was no flag present, so Mayor Sample moved on to item #2. 2. CITIZEN INPUT Helen Gray expressed her feelings about the lovely Seasons Greetings signs on the Fire Stations at Christmas time. 3. APPROVAL OF MINUTES Councilman Poole moved to accept the minutes of the 12/15/83 meeting as presented. Seconded by Councilman Dodds, the motion passed as follows: AYES: All members present voted aye NOES: None Mayor Sample then skipped to agenda item #5. 5. CONSIDERATION OF RESOLUTION ADOPTING A LAND USE PLAN ON 3 TRACTS LOCATED WITHIN THE COLONY CITY LIMITS City Manager, Janice Carroll recommended the Council pass the Resolution, a copy of which was included in their packets. She went on to say, this essentially is a Resolution of intent to adopt three land tracts as an amendment to the Master Land Use Plan (1977 Edition). Based on this revision, a park plan and a thoroughfare plan can then be prepared which will then be approved in total by ordinance including all revisions on one document. She then recognized Mr. Bob Fiumara, Chairman of the Planning & Zoning Commission and Mr. I.R. Bradbury, Chief Inspector, and asked them to present the Planning and Zoning Commissions proposals to the Council. Their proposals were as follows: SOUTH PLANNING UNIT a. Due to potential traffic problems adjacent to the High School site, another street with a restricted left turn or access through a parking area would be necessary. b. Prime property facing the lake should be used for the deve].opment of larger homes. c. Peninsula's at Stewarts Creek and Wynnewood Parks would also be prime area's for estate homes. NORTHEAST PLANNING UNIT a. A buffer zone between the Multi-family dwellings and the railroad tracks b. A need to make sure the streets are located to conform to the proper traffic flow. WESTERN PLANNING UNIT(West of Hwy 423) a. The commission feels this area would best be used as aPlanned Development with restrictions. Councilman Dodds disagreed with the idea of a buffer zone. He felt the commercial traffic passing through a Multi-family area would be hazardous to children. Mr. Ron Walden, formerly with Fox & Jacobs was present and agreed that an east/west throughfare in the Southern Unit definitely would require a restricted left turn. He warned the Council of "Over Zoning" the Northeast Unit. He suggested that the City wait until an Industry has expressed an interest in that area and then change the zoning if needed. He addressed the fact that the railroad tracks were not on the proper grade for industrial access. He added that in the Western Planning Unit, with the proper site plans, approved by the City, structures would not block the site of the lake. Mayor Sample then read the following Resolution: A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AMENDING THE MASTER LAND USE PLAN AS ADOPTED IN 1977: WHEREAS, the City at the request of Fox & Jacobs , Inc., has reviewed the City's Master Land Use Plan as adopted in 1977; and WHEREAS, a detailed study and review was .conducted by the Planning & Zoning Commission and the City Council on three (3) planning segments; and WHEREAS, Planning & Zoning has recommended that the City Council incorporate this as an amendment of this Master Land Use Plan; and WHEREAS, the City Council has concluded that these amendments are in the best interest of the C~ty and is for the purpose of protecting the public health, safety, morals and general welfare of the City, and its citizens: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFTHE COLONY, TEXAS: That the Master Land Use Plan shall be amended by Ordinance to reflect the changes attached hereto as Exhibit "A", and that this approved final Master Land Use Plan shall be filed for record in the Official City Records and shall be available to the public. PASSED this day of January, 1984. Larry D. Sample,Mayor ATTEST: Janet Gadd, C~ty Secretary Councilman North made a motion to accept the Resolution, seconded by Councilman Poole. Councilman North then moved to amend the motion to change the wording ~n the Western Planning Unit to read "Planned Development" and the Southern Planning Unit mixed use section to include "Condo, Townhouse, Single-family or Apartments" Council- man Dodds seconded the amended motion which passed w~th the following roll call vote: AYES: All members present voted aye NOES: None The original motion also passed with the following roll call vote: AYES: All members present voted aye NOES: None 6. PUBLIC HEARING ON A CHANGE OF ZONING FROM MULTI-FAMILY TO A SHOPPING CENTER ZONING CLASSIFICATION ON A 13.606 ACRE TRACT LOCATED WEST AND SOUTH OF THE INTERSECTION OF FM 423 AND SOUTH COLONY BLVD. City Manager, Janice Carroll advised the Council that when the P & Z held their hearing, they had no opposition to the change. Councilman North then moved to open the 00trd~ Public Hearing. The motion was seconded by Councilman Dodds. Mayor Sample then opened the floor for discussion. Councilman Amick was interested in knowing whether or not a time table had been established for completion of construction on this property. She advised that the Zoning Ordinance allows the City to retain site plan approval and that this can be addressed seperately on the bid form. There were no citizens or landowners present in opposition to the change. After some additional discussion, Councilman North moved to close the Public Hearing. Seconded by Councilman Dodds, the motion passed by the following roll call vote: AYES: All members present voted aye NOES: None 7. CONSIDERATION OF AUTHORIZING CITY MANAGER TO ADVERTISE FOR SEALED BIDS ON THE SALE OF THE 13.606 ACRE TRACT LOCATED WEST AND SOUTH OF THE INTERSECTION OF FM423 AND SOUTH COLONY BOULEVARD After a lenghty discussion, the consensous of the Council was to add the following deed restrictions to the bid form: a. A proposed Development Plan will be provided b. A Single-family and Multi-family develpment shall be restricted from this land tract zoned as Shopping Center c. The City Council shall retain architectural control d. A reversionary clause shallstay in effect for a period of five (5) years from the date of execution of said Deed, whereby the Grantee is obligated and required to substantially complete facilities that encompass at leasteighty (80) percent of the subject property within a five (5) year period or, title to the property shall revert back to the Grantor soley at Grantor's option, whereby the Grantor will pay the full cash price plus ten (10) percent simple ~nterest. Other changes to be added to the bid form, requested by Council, are as follows: a. Change the time period for awarding the bid from 15 days to 30 days and close the transaction in 45 days. b. The 5% good faith check will be h~ld in an interest bearing account. c. A letter of credit will also be acceptable Mr. Ron Walden advised the Council what the deed restrictions were that they placed on the IBM property. They are as follows: a. A ten year lease b. A ten year reversionary clause c. At the end of the ten year period (1989), IBM must occupy 51% of all structures on the property With no further discussion, Councilman North moved to authorize the City Manager to advertise for sealed bids provided the aforementioned stipulations are included in the bid form. Seconded by Councilman Dodds, the motion passed with the following roll call vote: AYES: All members present voted aye NOES: None Mayor Sample then skipped to agenda item #11. 11. CONSIDERATION OF R~SOLUT~ON R~QU~ST~N~ THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION EXTEND SH121 FIVE YEAR PLAN TO THE BURLINGTON NORTHERN RAILROAD Mayor Sample read the following Resolution: WHEREAS, The Colony, Texas, located in Southeast Denton, County, with a population of 14,000; and WHEREAS, SH 121 is the only major access toThe Colony, Texas; and WHEREAS, there are 19,400 vehicles per day, which is twice the existing roadway capacity, utilizing SH 121 through The Colony; and WHEREAS, The Colony is experiencing a steady growth with an estimated 1990 population of NOW, THEREFORE, LET IT BE RESOLVED THAT THE CITY OF THE COLONY, TEXAS, REQUESTS FROM THE TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION: 1. The eastern limit of the SH 121 proposed improvement in the next four (4) year letting program, be extended from FM 423 to the Burlington Railroad. 2. The section of SH 121 from the Burlington Rail- road to FM 544 be given the highest priority for construction. LET IT BE KNOWN to all parties involved that The Colony will obtain from the property owners along the north side of SH 121 the dedication of the necessary 125 feet of additional right-of-way needed for such improvement, provided the Texas Department of Highways and Public Transportation adheres to the requests cf this Resolution. PASSED this day of January, 1984. Larry D. Sample, Mayor Janet Gadd, City Sect. He went on to add that this is not a worthless Resolution. He said the City has asked theTexas Department of Highways and Public Transportation to proceed with widening SH 121 from The Colony. This Resolution is needed by them before they can or will proceed. In regards to future planning for a limited access freeway, Mayor Sample explained they need 350 feet all of which is planned to come off the north side unless a previous Collin County Resolution is changed. In such case, 100 feet of the right-of-way would come off the South side of SH 121 and the other 250 feet off the North side. Councilman Dodds moved to accept the Resolution as presented. The motion was seconded by Councilman Poole. Councilman North requested some clarification of the Resolution. He suggested the following items be added to it: a. 30,000 population b. The wording "at the eastern City limits of The Colony" be added to item 1 c. The wording "also known as Old Denton Highway" be added to item 2 Mayor Sample asked Councilman Dodds if he had any problem with the revisions. He did not. The Mayor then called for a roll call vote which passed as follows: AYES: All members present voted aye NOES: None 8.' PUBLIC HEARING ON APPLICATION OF THE CITY OF THE COLONY FOR A CHANGE OF ZONING FROM SINGLE FAMILY TO A NEIGHBOR- HOOD SERVICE AREA, LOCATED ON NORTH COLONY BOULEVARD BOUNDED ON THE WEST BY GRIFFIN MIDDLE SCHOOL AND ON THE EAST BY THE TEXAS POWER & LIGHT TRANSMISSION LINE Councilman Dodds moved to table this hearing. Seconded by Councilman North, the motion passed as follows: AYES: All members present voted aye NOES: None At this time, Mayor Sample call for a 10 minute recess. Upon reconvening, Mayor Sample moved to agenda item #9. 9. PUBLIC HEARING ON THE ANNEXATION INTO THE CORPORATE LIMITS oF TE CITY OF THE COLONY, A 302.462 ACRE LAND TRACT GENER- ALLY LOCATED DUE NORTH OF THE NORTHWEST CITY LIMIT BOUNDARY ON WYNNWOOD PENINSULA Councilman Dodds made a motion to open the Public Hearing. Councilman North seconded the motion. City Manager, Janice Carroll, stated that upon receipt of legal counsel and in anticipation of a decision of the Court, that this hearing be continued from meeting to meeting until such judgement has been rendered and all injunctions have been lifted. Councilman Dodds moved to continue the hearing as recommended by Mrs. Carroll. Seconded by Councilman Long, the motion passed by the following roll call vote: AYES: All members present voted aye NOES: None Mayor Sample then moved to agenda item #4. 4. RECEIVE REPORT REGARDING AMBULANCE SERVICE TO EASTVALE City Manager, Janice Carroll, reviewed the present ambulance contract with Eastvale. She stated the following reasons why it is important for our City to provide this.service, and the basis for these findings. a. If we provide service outside our city, it must be uniform in formula. (1) Non-discriminatory (2) Reasonably offset cost b. Our first responsibility is to our citizens and not to give away tax dollars. c. Concern is in light of Eastvales location and needs as well as future growth plans of The Colony. It would be in our best interest to work with them. d. Final concern would be that our City employees utilize Eastvales roadways to access the Utility District. She went on to propose the following Service Plan: Service Level A - Paramedic ambulance & paid Colony staff Service Level B - Volunteer ambulance and E.M.T. level (Discretion of Chief or back up) The formula for determining the cost of such service would be as follows: Employee cost $111,124.50 from $192,108.50 = $80,984.00 $80,984.00 ~ 15,400 = $5.25 per capita x pop. 500 = $2625.00 yr. 0~i~'~U After some lengthy discussion, the Mayor asked for a motion to ratify a one month extension to Eastvales present contract at a cost of $134.13. It was so moved by Councilman Long and seconded by Councilman Dodds. The motion passed by the following roll call vote: AYES: All members present voted aye NOES: None 10. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE/PURCHASE CONTRACT FOR THE PURCHASE OF POLICE DEPARTMENT AND PUBLIC WORKS VEHICLES. City Manager, Janice Carroll reviewed the contract received from Mercantile National Bank withthe Council and advised them it could either be drawn up for a 12 or 18 month period. Councilman North addressed the fact that these expenditures were planned for in the 1984 budget year. As such, he felt these vehicles should be paid in full at the end of the budget year. Mayor Sample suggested a 12 month contract w~h~the stipulation that if the City can not for some reason pay it in full at the end of the budget year, then come back for the Council. The Mayor then read the following Ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE FIRM OF DORAN CHEVROLET IN THE AMOUNT OF $68,436.34 FOR FIVE POLICE PATROL CARS, ONE PUBLIC WORKS PICK-UP AND ONE ANIMAL CONTROL PICK-UP; AND A LEASE/PURCHASE AGREEMENT WITH MERCAN- TILE NATIONAL BANK FOR $68,436.34 FOR THE AFOREMENTIONED VEHICLES; ATTACHING THE APPROVED FROMS OF THE CONTRACTS AS EXHIBITS "A" & "B" RESPECTIVELY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS ; SECTION 1. That the City Manager of the City of The Colony, Texas, is hereby authorized to execute on behalf of the City a contract with Doran Chevrolet in the amount of $68,436.34 for five (5) police patrol cars, one (1) public works pick-up and one (1) animal control pick-up; and a twelve (12) month lease/purchase agreement with Mercantile National Bank, to be paid in full on or before September 30, 1984. The approved forms of such contracts are attached hereto as Exhibits "A" & "B", and made a part hereof for such purposes. SECTION 2. This Ordinance shall take effect immediately from and after its passage by the C~ty Council of the City of The Colony, Texas. DULY PASSED by the City Council of the City of The Colony, Texas, on the __day of , 1984. APPROVED: Larry D. Sample, Mayor ATTEST: Janet Gadd, City Sect. Councilman Dodds moved to accept the Ordinance as presented. Seconded by Councilman Poole, the motion passed by the following roll call vote: AYES: All members present voted aye NOES: None 00i¢4¢ 12. CONSIDERATION OF RESOLUTION AUTHORIZING WORKMEN'S COMPENSATION COVERAGE FOR ELECTED OFFICIALS Mayor Sample opened the floor for discussion. Janet Gadd, C]ty Secretary, explained to the Council how the cost of the proposed insurance was derived. Councilman Amick felt if the Council was covered by such insurance that it could be considered as compensation. After a lengthy discussion, the general consensous of the Council was not to accept the insurance, but directed the staff to review their compensation and volunteer coverage concerns with the attorney. 13. DISCUSSION OF APARTMENT COMPLEX LICENSES AND LANDLORD LICENSES Mayor Sample asked the council if they had any additional input on the proposed Ordinance. Councilman Poole stated that she really liked the following items on the Farmers Branch Ordinance #1420 : a. SECTION 3:a, b It shall be unlawful for any non-resident owner to lease or rent a single family residence ~n the City without a current and valid license having been issued for said single family residence. Any non-resident owner leasing or renting a single family residence at more then one location. A non-resident owner, or the non-resident owners' authorized agent, of a single family residence shall file with the Building Inspector any and all Trade Names under which he operates with respect to the leasing and renting of each single family residence. She went on to say that she specifically did not like the following items: a. SECTION 4:e She did not care for the idea of a prorated charge. She felt the fee should be charged every time the residents changed or annually, which ever came first. b. SECTION 9:a She d~d not like the idea of the owner of said property appealing any dicis~on or order from the Building Inspector to the Council. She had one other comment on this Ordinance regarding section 8:a-3. She felt when a landlord applies for a Certificate of Occupancy, the names of all tenants should be furnished. Mrs. Carroll stated that the City staff had some concern about enforcement of such an Ordinance. She added that the single family definition does need to be added to the Zoning Ordinance. She also felt that to properly enforce this Ordinance, an additional employee would event- ually need to be hired to specifically handle this Ordinance. She then recommended to the Council that they wait and see what happens in Farmers Branch and study this for ~nclusion in the next budget year. Mayor Sample addressed the fact that the fee's would be collected up front, therefore, those fee's should be able to pay the additional employee's salary as soon as the Ordinance passes. The budget would simply need to be amended. Councilman AmUck requested that the City Manager take Councilman Poole's recommendations to Mr. Boyle,City Attorney, and have him draw up an Ordinance for our City. After some additional disucssion, Mayor Sample announced the Council would now move to agenda item #14. 14. CLOSED DOOR SESSION AS AUTHORIZED BY ART. 6252-17 of V.A.C.S. REGARDING LITIGATION There being no further action to be taken by the Council, Councilman Dodds moved to adjourn the meeting. Seconded by Councilman Long, the motion passed with the following vote: AYES: All members present voted aye NOES: None Mayor Sample adjourned the meeting at 12:18 a.m. APPROVED: ATTEST: Jan~Gadd, C~ty Secretary