Loading...
HomeMy WebLinkAbout07/02/1984 City Council MINUTES OF THE CITY COUNCIL ~!~'~' OF THE CITY OF THE COLONY, TEXAS HELD ON JULY 2, 1984 A Regular Session of the C~ty Council of the C~ty of The Colony was called to order at 7:00 p.m. w~th the following members present: Larry D. Sample Mayor Noel Long Councilman Helen Gray Councilman Don Amick Councilman Charles Dodds Councilman Marlene Poole Councilman and with all members present, a quorum was established. 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17 SECTION 2G OF V.A.C.S. REGARDING PERSONNEL APPOINT- MENTS AS FOLLOWS: A. Councilman Place #1 B. Parks & Recreation Board C. Board of Adjustment and Appeals Mayor Sample reconvened in Open Session at 8:00 P.M. and addressed agenda item #16. 16. CONSIDERATION OF APPOINTMENT OF COUNCILMAN PLACE 1 Councilman Dodds nominated Mr. Rick Harris to the pos~t~on of Councilman Place #1. Seconded by Council- man Amick. With no other nominations, Councilman Amick moved to close the nominations. Seconded by Councilman Poole the motion passed with a unanimous vote. The Council then appointed Rick Harris to the position of Councilman Place #1 with the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Sample then swore in Councilman Harris. 14. CONSIDERATION OF APPOINTMENT OF PARK & RECREATION BOARD MEMBER Councilman Amick nominated Sara Fortune to the Park & Recreation Board. The motion was seconded by Council- man Poole. With no other nominations, Councilman Long moved to close the nominations. The motion was seconded by Councilman Poole. The Council then appointed Sara Fortune to the Parks & Recreation Board with the following roll call vote: Ayes: All members present voted aye Noes: None 15 CONSIDERATION OF APPOINTMENT OF MEMBERS TO THE BOARD OF ADJUSTMENT AND APPEALS Councilman Poole nominated Becky Orr to Place 1, David Dye as Alternate 2 and Joel Marks as Alternate 3. The motion was seconded by Councilman Amick. With no further nominations, Councilman Dodds moved to close the nominations. The motion was seconded by Councilman Amick and passed with a unanimous vote. The Council then appointed Becky Orr as Member Place #1, David Dye as Alternate #2, and Joel Marks as Alternate #4 with the following roll call vote: Ayes: All members present voted aye Noes: None 2. PLEDGE OF ALLEGIANCE Mayor Sample led the Cougcil and members of the audience in the pledge tO the United States flag. 4. CITIZEN INPUT There was no citizen input. 3. APPROVAL OF MINUTES FROM THE JUNE 13,18 AND 25 MEETINGS Councilman Dodds moved to approve the minutes of the June 25th meeting as presented. Seconded by Councilman Poole the motion passed with a unanimous vote. Councilman Dodds moved to table the minutes of the June 13th and 18th minutes for more detail. Seconded by Councilman Poole, this motion passed as well with a unanimous vote. 6. CONSIDERATION OF APPROVAL OF SITE PLAN AND PRELIMINARY PLAT FOR A 1.254 ACRE TRACT OF LAND GENERALLY LOCATED ON THE SOUTHEAST CORNER OF SOUTH COLONY BLVD. AND FM423 AS PRESENTED BY DUNNING DEVELOPMENT COMPANY Steve Reed, Director of Community Services, review- ed what has transpired to date on this property. Approximately two months ago the change of zoning was approved by Council from OF-1 to GR on the request of Dunning Development Company. Tuesday June 26th, the Planning & Zoning Commission reviewed the site plan and preliminary plat. After reviewing it they did approve it with several changes to the plat as follows: a. Have sidewalks along both South Colony Blvd. and Branch Hollow. b. A three foot wide strip behind the stucture needs to be paved to provide proper drainage. c. The adjoining lot will be owned by Stop & Go, therefore, the final.plat must indicate cross access from one development to the other. He then introduced Mr. Sam Kartalis, Mr. Pat Donovan and Mr. Gary Koerner of the Dunning Development Company who were present to answer any questions. Mr. Kartalis explained that Stop & Go would be build- ing their new concept store at the corner of South Colony and FM423 and Dunning Development will retain architectural control. He said the final plat and site plan approval for the Stop & Go site will come back before the Council at a later date. He stated that the contract between his firm and Stop & Go dictates that Stop & Go must provide free water and air for Colony residents. Mayor Sample was curious about the subdivision of this property. Mr. Kartalis stated that as soon as the contract is finalized with Stop & Go, they will come in for the subdivision. Councilman Amick asked if they had any idea what types of businesses would be in this center. Mr. Kartalis indicated that until a final site plan has been approved,it is hard to get tenants to sign leases. However, they do have some interested parties. Councilman Amick wanted to know the extent of the landscaping. Mr. Kartalis said they have no definite plans at this time but the land- scaping will compliment the structure. Following a brief discussion, Councilman Dodds moved to approve the site plan and preliminary plat including the Planning &Zoning Commissions three recommendations. Seconded by Councilman Amick the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None 5. CONSIDERATION OF ORDINANCE ESTABLISHING A NEW MAIN LINE EXTENSION RATE APPLICABLE TO MAIN LINE EXTENSIONS BY LONE STAR GAS COMPANY Janice Carroll, City Manager, said that Randy Roper, Manager of Lone Star Gas Company in Frisco, had presented her with the request to adjust the charge that extends service beyond a 100 foot limit from $4.50 per foot to eith $5.80 per foot or $5.40 per foot. She said she had discussed this request with Mr. Don Butler, attorney with TML, and he stated that his primary concern for a city such as ours is that this construction cost is based on either an average or a general index that probably does reflect the construction costs in The Colony. She added that this request reflects Lone Star Gas' efforts to charge development costs directly to the developer or user rather than absorbing loses and passing it on in a rate increase to all customers. She than introduced Mr. Roper and turned the floor over to him. Mr. Roper said that all towns and citiies within their system are being effected by this request. Mayor Sample was concerned over the effect this may have on the High School project. Would this negatively impact L.I.S.D.? What would their rate be? Mr. Roper said they would be on a commercial contract and that commercial customers do have refunds available. He went on to say they would be charged at the old rate because of the time they filed. The Mayor felt this would impact future commercial growth in this City. He said most of the future service would be on what is now farm land and there- fore, shouldn't cost a lot to lay the lines. Councilman Amick asked for some clarification on the 100 foot limit and the refund program. Councilman Poole asked if a copy of our proposed Master Plan would help sell The Colony. Mr. Roper replied, yes. Councilman Amick asked for construction costs for other utilities within our City and said he would like to wait until the Council has some figures to compare before a decision is made. He then moved to table this item until the July 9th meeting. Seconded by Councilman Dodds, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None WESTERN CITY LIMIT BOUNDARY ON STEWART CREEK PENINSULA Mayor Sample read the following ordinance caption: City of The Colony, Texas Ordinance # An ordinance annexing adjacent and contiguous territory to the City of The Colony, Texas; finding that all necessary and required legal conditions have been satisfied; providing that such area shall become a part fo the City and that the owners and inhabitants thereof shall be entitled to the rights and privileges of other c~tizens and be bound by the acts and ordinances now in effect and to be hereinafter adopted; and further providing for amending and correcting the official boundaries of the City as heretofore adopted and providing for the ordinance to go into effect upon passage of the ordinance and providing a severability clause Councilman Amick moved to approve the annexation. Seconded by Councilman Poole, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None 9. RECEIVE REPORT FROM CITY MANAGER REGARDING CHANGE OF ZONING FROM AGRICULTURAL TO SPECIFIC USE ON A .689 ACRE TRACT OF LAND GENERALLY LCOATED WEST OF FM423 APPROXIMATELY ONE HALF MILE SOUTH OF SOUTH COLONY BLVD. Janice Carroll, C~ty Manager, gave the following report to the Council. She said after meeting with the City Attorney to discuss the Council's concerns regarding this request, she recommended the following conditions be met prior to any zoning being granted. a) The Council was concerned regarding granting a zoning to a piece of land that will be leased for this use. Mr. Boyle advised that it would be necessary to have the owner of that land, Mr. Kenning, to agree to deed restrict the use of that land for a car lot not to exceed a prescribed number of years and state that the C~ty would be a party to this restriction. This restriction would then be referenced in the Zoning Ordinance by referring to the fact that the owner has voluntarily agreed to limit the zoning request. This deed restriction, as well as the zoning ordinance, would be passed concurrently. b) The attorney d~d agree that a site plan outlining landscaping, lay out of the lot, structure, etc., should be Exhibit "A" to the zoning ordinance. c) The concern that the Council had regarding limit- ing this lot to being the satellite of a new car dealership can only be addressed through the deed restriction again, and Mr. Boyle advised that the definition of a "satellite" of a new car dealership would have to be agreed upon, as this term in itself is vague. d) Regarding the concerns of the portable building on the site, Mr. Boyle said that generally cities exclude portable buildings by ordinance except for acessory uses. If the zoning is granted with the deed restrictions for a short period of time, a portable building could possibly be approved as a temporary use. Pollowing a brief discussion regarding Ms. Carroll's recommendations, Councilman Amick moved to deny this zoning request. Seconded by Councilman Long, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None 11. RECEIVE REPORT PROM CITY MANAGER REGARDING BID PROCEEDURES FOR THE SALE FO A 13.606 ACRE TRACT OF LAND Ms. Carroll stated the land is located at the northwest corner of FM423 at South Colony Boulevard. In order to meet advertising requirements, the bid proceedure will take a total of 28 days. Mayor Sample showed the Council a rendering of some recommendations for the use of this land. It broke the land up into three segments, Site 1- 8 acres, Site 2 - 4½ acres, and Site 3 - 1 acre. He felt if the land .is subdivided, the City would most likely get more money for it. The rendering also showed an extension of sorts to South Colony Boulevard to serve as access to the subdivided properties. Councilman liked the idea of the extension but was curious as to who would be re- sponsible for its construction. Mayor Sample, replied, the developers. He suggested that the property be put out to bid with the opportunity to bid for any one of the sites or the whole piece of property. The consensus of the Council was to pursue this concept. Councilman Dodds made a motion of Resolution to pursue the subdivision approach. Seconded by Council- man Poole, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None 8. CONSIDERATION OF ORDINANCE AMENDING ARTICLE I, SECTION 6-2 OF CITY CODE FOR THE PURPOSE OF ADOPTING THE 1984 NATIONAL ELECTRICAL CODE Councilman Dodds moved to table this ordinance until more detail can be included. Seconded by Councilman Amick, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None 10. CONSIDERATION OF PARTICIPATING IN JOINT STUDY OF TEXAS UTILITIES ELECTRIC COMPANY RATE INCREASE REQUEST THROUGH THE TEXAS MUNICIPAL LEAGUE Ms. Carroll briefly reviewed TML's latest correspondence. She recommended joining with TML on this case. Counc~l- man Long reminded everyone that TML has always represented us well in the past. After a rather brief discussion, Councilman Dodds moved to join in the study with TML. Seconded by Councilman Amick, the motion passed with the following roll cal1 vote: Ayes: Ail members present voted aye Noes: None 00177 12. RECEIVE REPORT REGARDING OFFICE CREEK/B.B. OWENS LAND TRADE AGREEMENT WITH LISD Mayor Sample read aloud the letter all the members of Council received over the weekend from Mr. W.J. Ferris, President of th~ Board of Trustee's of the Lewisville Independent School Distr~ct. It basically questioned the request of a building permit fee and referred to a 1978 letter from City Administrator , Tom Hart. Janice Carroll, City Manager, read a segment from the minutes of a September 1978 Work Session with the Board of Alderman. In a discussion regarding the school district, Mr. Tom Hart stated that he would send LISD a letter waiving building permit fee's; however, no formal action was taken by the Alderman on this statement. In that same meeting, the School Board said they would lower their charges for the use of their schools, which they have not done. Ms. Carroll went on to say that to date, the City has paid either to the School D~strict directly or a teacher or employee personally a total amount of $4,766. This has been to use the school building and to pay for a person at $6.00 per hour to open the door , stay, and lock the door when the persons leave. She said a bill for air conditioning expenses will also be coming in. She added, the city is also accepts total financial responsibility for all cross- walk gaurds. The School District also depends on our local PTA and local citizens to do all the land- scaping at their schools. Mayor Sample said that in the past the City has not charged a building permit fee and he doesn't feel the intent of the Council is to set a precedence of charging these fees in the future. The purpose of this fee is specifically to re-coop our costs of moving the ball fields and doing the necessary dirt work needed at the B.B.Owens site. He said he is willing to participate in any kind of good faith measures LISD wants to pursue. Ms. Carroll said whether or not the permit fee is waived, the City still incurs a very real cost, i.e. inspections. There was some discussion as to whether or not the City could pursue the dirt work on its own. Ms. Carroll said no, there would only be $17,000 available for such use and that would not come any where close to paying for the work. Steve Reed, Director of Community Services showed the Council a rendering of the purposed B.B.Owens site. 13. CONSIDERATION OF APPOINTMENT OF C.O.G. REPRESENTATIVE Councilman Dodds moved to appoint Councilman Long. Seconded by Councilman Gray, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None With no further action to be taken by the Council at this time, Councilman Dodds moved to adjourn the meeting. Seconded by Councilman Poole, the motion passed with a unanimous vote. Mayor Sample adjourned the meeting at 10:30 p.m. Approved: Attest: Jan~Gadd, City Secretary [SEAL]