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HomeMy WebLinkAbout11/19/1984 City Council 00.I. A RE:SL~LUTION OF THE CITY COUNCIL OF THE CItY OF THE COLONY, TEXAS, RELATING TO THE APPLICATION FOR FLOOD INSURANCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, certain areas of The Colony, Texas, are subject to periodic flooding, or flood-r~lst~d erosion, causing serious damages to properties within these areas; and WHEREAS, relief is available in the form of Federally subsidized flood insurance as authorized by the National Flood Insurance Act of 1968; and WHEREAS, it is the intent of the City Council to require the recognition and evaluation of flood or flood-related erosion hazards in all official actions relating to land use in areas havin9 these hazards; and WHEREAS, this body has the legal authority to adopt land use and control measures to reduce future flood losses pursuant to Art. 1125, V.A.T.S., NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. The City Council of the City of The Colony, Texas, hereby assures the Federal Insurance Administration that it will enact as necessary, and maintain in force in those areas having flood or flood-related erosion hazards, adequate land use and control measures with effective enforcement provisions consistent with the Criteria set forth in Section 1910 of the National Flood Insurance Program Regulations; Section 2. The City Council of the City of The Colony, Texas vests the City Manager with the responsibility, authority and means to: a. Assist the Administrator, at his request, in his delineation of the limits of the area havin9 special flood or flood-related erosion hazards. b. Provide such information as the Administrator may request concerning present uses and occupancy of the flood plain or flood-related erosion areas in order to prevent aggravation of existing hazards. c. Cooperate with Federal, State and local agencies and private firms which undertake to study, survey, map and identify flood plain or flood-related erosion areas, and cooperate with neighborin9 communities with respect to management of adjoinin9 flood plain and/or flood-related erosion areas in order to prevent aggravation of existing hazards. d. Submit on the anniversary date of the community's trial eligibility an annual report to the Administration on the progress made during the past year within the community in the development and implementation of flood plain management measures. e. Upon occurrence, notify the Administrator in writing whenever the boundaries of th~ 001894 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON NOVEMBER 19, 1984 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. with the following members present: Larry D. Sample Mayor Rick Harris Councilman Noel Long Councilman Helen Gray Councilman Don Amick Councilman Charles Dodds Councilman Marlene Poole Councilman With all members present, 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 There being no one to sign up to speak about any issues not posted on the agenda, Mayor Sample proceeded to the next agenda item. 3. CONSIDERATION OF APPROVAL OF AUDIT FOR THE 1983/84 FISCAL YEAR AS PREPARED BY DELOITTE, HASKINS + SELLS Janice Carroll, City Manager, introduced Mr. George Scott, representative of Deloitte, Haskins + Sells, who was present to answer any questions the Council might have had regarding their audit of the City. Ms. Carroll then proceeded to review the audit itself and the management letter for the Council. Councilman Poole was curious as to the fact that Winn Dixie was not one of our top 10 tax payers. Mayor Sample asked Mr. Scott about the approximate length of time it took for the City to receive the ad valorem taxes from the Municipal Utility District. Mr. Scott responded by saying that the longest period of time they found was to be 2 months. Ms. Carroll then explained the new procedures and steps taken to speed up this process. Mr. Scott finished by saying that generally this was a good report and the audit went well. A Motion to approve the audit for the fiscal year 1983/84 was made by Councilman Dodds. Seconded by Councilman Long the motion passed with the following vote: Ayes: All members present voted "aye" Noes: None 4. CONSIDERATION OF APPROVAL OF SITE PLAN FOR THE COLONY HIGH SCHOOL Mr. Steven Reed, Director of Community Services, and Bob Fiumara, Chairman of the Planning & Zoning Commission were present to answer any questions and to discuss the site plan. Mr. Reed addressed the Council and advised them that the site plan was presented to the Planning & Zoning Commission on October 23, 1984. The P&Z recommended approval by the City Council subject to some changes. They requested the widening of lanes for better law enforcement during school hours and that they would like to see some type of landscape plans when brought back to them for final approval. All of the changes were made and the Planning & Zoning Commission approved the site plan on November 13, 1984. Mr. Frank Buford, Architect for the project was present to answer questions by the Council. Councilman Amick asked whether this was going to be a four (4) year High School. Charlie Parker, representing the School Board, replied yes. He stated that when the school opens in the fall of 1986, though, it would house 8th, 9th & 10th grades; in 1987 - 8th, 9th, 10th, & llth grades; in 1988 - 9th, 10th, llth, & 12th grades. Janice Carroll then reviewed with the Council the question of possible drainage problems on Blair Oaks. She advised the Council that Fox & Jacobs would be responsible for laying the storm sewer adjacent to the High School site. Ms. Carroll also advised the Council that the plans for the High School have been run by Bill Hall, Manager for The Colony M.U.D. #1, as well as our engineers. The Council was further advised that the bids for the construction of the High School were to be opened on December 13, 1984. After further brief discussion, a Motion was made by Councilman Amick to approve the site plan as presented to the Council. Seconded by Councilman Dodds, the Motion passed with the following roll call vote: Ayes: All members present voted "aye" Noes: None 11. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CANTERBURY EXCAVATION FOR PREPAR- ATION OF BALL FIELDS ON THE B. B. OWNES PARK SITE. Ms. Carroll advised the Council that we had not received the Contract from Cantebury as of this date, but that the proposed amount to be charged for the dirt work would be $23,200. She also advised the Council that our City Engineer (consultant), Hal Jones, would be supervising the dirt work. Mayor Sample then read the following Ordinance caption: CITY OF THE COLONY TEXAS ORDINANCE # AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CANTERBURY EXCAVATING COMPANY, IN THE AMOUNT OF $23,200 FOR THE PURPOSE OF DOING ALL THE DIRT WORK TO PREPARE THE SOFTBALL FIELDS ON THE.B. B. OWENS PARK SITE; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. After a brief discussion regarding the "piggy-backing" of the LISD bid for dirt work, Councilman Dodds made a Motion to approve the Ordinance as written. Seconded by Councilman Long, the Motion passed with the following vote: Ayes: All members present voted "aye" Noes: None 5. CONSIDERATION OF A RESOLUTION APPROVING A CHANGE OF SHAREHOLDERS AS REQUESTED BY COMMUNICATIONS SERVICES, ASSOCIATES Mr. Ed Musser and Mr. Richard Thiessan were present to answer any questions that the Council may have had regarding this change. Ms. Adrienne Leonard, City Attorney's office, was also present and after a brief discussion, informed the Council that the Franchise was passed by an Ordinance and that this change should be reflected in an Ordinance rather than a Resolution. She went on to say that it was alright to pass the Resolution to shOw the City's intent (at the Mayor's suggestion), and -"~ come back at a later date and pass an Ordinance approving this change. There also insued a discussion in reference to the guarantee of financial stability of the individual shareholders. Mayor Sample then read the Resolution aloud. After a brief discussion regarding capital improvements that Communications Services has made since their purchase of the franchise, service calls per month and subscription rate, Councilman Dodds made a Motion to approve the Resolution and a request to have an Ordinance prepared. Seconded by Councilman Long, the Motion passed with the following vote: Ayes: All members present voted "aye" Noes: None 6. CONSIDERATION OF APPROVAL OF GOLF ENTERPRISES, INC. CONTRACT Mayor Sample explained the need for a Motion to ratify Janice Carroll's signature on the contract. Councilman Amick instead made a Motion for discussion of the contract and it was seconded by Councilman Dodds. Mayor Sample took this opportunity to reiterate the fact that the building of this golf course was of no cost to the city or to it's citizens. At this time Janice Carroll, City Manager, reviewed a few of the changes from the original contract. Chuck Johnson of Golf Enterprises, Inc., then addressed the Council concerning the changes in the contract. Among the changes discussed were Sections 8, 11, 12, 13, 13.04. There followed a discussion of the effect of the Dallas Water Contract and possible "merger" between the City and the Municipal Utility District to the terms and agreement in Article 13 of the Golf Enterprises, Inc. contract. At this time the Council took a 5 minute recess. Upon reconvening in open session, a brief discussion was had regarding the provisions for liens. A Motion was then made by Councilman Amick to ratify Janice Carroll's signature on the contract; seconded by Councilman Dodds, the Motion passed with the following vote: Ayes: All members present voted "aye" Noes: None 7. CONSIDERATION OF AN ORDINANCE CALLING FOR A DECEMBER 15th BOND ELECTION Janice Carroll introduced Bob Dransfield, of the City Attorney's office, who is the "Bond Specialist" of the firm. Mr. Dransfield then took the floor and explained the necessity of keeping the Ordinance, the legal documents and ballots, in accepted wording to be presented to the Attorney General's Office. Mr. Dransfield advised the Council that the wording should be kept as general as possible; a statement to which most of the Council disagreed with, especially on Proposition #1 regarding the Municipal Complex and the Recreation Center. 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PUBLIC HEARING TO CONSIDER CHANGES TO THE COMPREHENSIVE ZONING ORDINANCE AS FOLLOWS: A. AMENDING SECTIONS 3 & 4 OF THE ZONING ORDINANCE BY CREATING A NEW BUSINESS PARK ZONING DISTRICT B. AMENDING SECTION 10, BY REVISING THE SCHEDULE OF USES ADDING NEW DEFINITIONS FOR USES, & INCORPORATING USES FOR BUSINESS PARK ZONING C. AMENDING SECTION 12, ESTABLISHING HEIGHT REGULATIONS FOR BUSINESS PARK ZONING D. AMENDING SECTION 14, REGARDING OFF STREET LOADING REGULATIONS E. AMENDING SECTION 13, REGARDING PARKING REGULATIONS Councilman Amick moved to open the Public Hearing; with a second by Councilman Poole, the Motion passed by a unanimous vote. Mayor Sample then called for a presentation by the Planning & Zoning Commission. At this time, Bob Fimura, Chairman of the P & Z Commission, moved to table the Public Hearing due to the time of night (10:45 p.m.). Councilman Amick disagreed expressing his opinion that whatever "Public" was present for the Public Hearing was still present and that the Council should proceed with the Hearing. After lengthy discussion, Councilman Amick moved to continue the Public Hearing to Monday, the 26th at 7:00 p.m. Seconded by Councilman Dodds, further discussion followed. Councilman Dodds made a Motion to amend the Motion on the floor to cohtinue the'Public Hearing until Tuesday the 20th. Seconded by Councilman Amick, the Motion died with the following roll call vote: Ayes: None Noes: All members present voted "no" With no further discussion, the Motion to continue until Monday, the 26th died with the following roll call vote: Ayes: Councilman Long voted "Aye" Noes: All other members present voted "No" Steven Reed, Director of Community Services, addressed the Council & Public with regard to the purpose of changing the current Zoning Ordinances. He advised the Council that there is a proposed creation of Business Park Zoning, 2) changing the Schedule of Uses to eliminate the accumulative zoning, 3) a house keeping measure by changing some requirements currently in the parking regulations for single family zoning. After brief discussion, Adrienne Leonard addressed Council regarding the Ordinance pertaining to the proposed changes. After further lengthy discussion, Councilman Dodds made a Motion to close the Public Hearing and to direct the City Attorney to draw up an Ordinance amending Section 4 of the Comprehensive Zoning Ordinance and to continue the Public Hearing until Monday, November 26th, on B, C, D, & E. Seconded by Councilman Amick, the Motion passed by a unanimous vote. 10. CONSIDERATION OF AN ORDINANCE ADOPTING CHANGES TO THE COMPREHENSIVE ZONING ORDINANCE. Mayor Sample read the follow±ng Ordinance caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY, SAME BEING APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY BY ADDING A NEW SECTION 3A AND CREATING A NEW ZONING DISTRICT NAMED BUSINESS PARK ZONING DISTRICT WHICH NEW DISTRICT AUTHORIZES PRINCIPAL USES, USES THAT REQUIRE A SPECIFIC USE PERMIT, ESTABLISHING A FLOOR AREA RATIO, SET BACKS, DENSITY BONUS APPLICATION FOR FLOOR AREA RATIO, PARKING REQUIREMENTS AND OTHER REQUIREMENTS; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EMERGENCY CLAUSE. After a brief discussion, it was the concensus of the Council to amend the Ordinance as follows: 1) To delete #'s 2, 3, 5, & 7 of Section 3109A, and the "Where Applicable" in the heading 2) That Section's 4, 5, & 6 be amended to read Sections 2, 3, & 4 respectively. After further discussion, Councilman Dodds made a Motion to approve the Ordinance as amended and was seconded by Councilman Gray. Following a brief discussion, a Motion was made by Councilman Long to table this agenda item until the next Special Session to be held on Monday, November 26th. Seconded by Councilman Harris, the Motion passed with the following roll call vote: Ayes: All members present voted "aye" Noes: None 12. CONSIDERATION OF APPOINTING A FIRM TO CONDUCT A FEASIBILITY STUDY REGARDING THE CITY OF THE COLONY AND THE MUNICIPAL UTILITY DISTIRICT. Mayor Sample turned the floor over to Janice Carroll who advised the Council of the recommendation of the Feasibility Study Committee being the firm of James Ray & Associates. Council was also advised that the Utility District had already taken action and approved the hiring of this firm to conduct the study. Following a brief discussion, Councilman Amick made a Motion to approve the appointment of James Ray & Associates. Seconded by Councilman Poole, the Motion passed with the following roll call vote: Ayes: All members present voted "aye" Noes: None 13. CONSIDERATION OF AN ORDINANCE CALLING FOR TWO PUBLIC HEARINGS FOR THE PURPOSE OF ANNEXING STEWART CREEK PARK INTO THE CORPORATE LIMITS OF THE CITY OF THE COLONY AND RECEIVE A SERVICE PLAN Mayor Sample read the following Ordinance caption: AN ORDINANCE CALLING FOR TWO (2) PUBLIC HEARINGS IN ACCORDANCE WITH TEX. REV. CIV. STAT. ANN. ART. 970a MUNICIPAL ANNEXATION ACT AND SECTION .1.03, OF CHAPTER I OF THE HOME RULE CHARTER OF THE CITY OF THE COLONY, TEXAS, ADOPTED JANUARY 20, 1979, FOR THE PURPOSE OF CONSIDERING THE INSTITUTION OF ANNEXATION PROCEEDINGS TO ANNEX ALL THAT LOT, TRACT, PARCEL OF LAND DESCRIBED IN EXHIBIT "A" WITH THE FIRST PUBLIC HEARING TO BE CONDUCTED WITHIN THE SITE TO BE ANNEXED ON THE DAY OF , 1984, AT O'CLOCK M. AND WITH THE SECOND PUBLIC HEARING TO BE CONDUCTED AT THE CITY HALL, 5576 NORTH COLONY BOULEVARD, THE COLONY, TEXAS, AT O'CLOCK __M. ON THE DAY OF , 1984, PROVIDING FOR PUBLICATION OF NOTICE; DIRECTING PREPARATION OF A SERVICE PLAN FOR INSPECTION AT THE PUBLIC HEARINGS. At this time Councilman Amick moved to approve the Ordinance and it was seconded by Councilman Dodds. With no further discussion, the Motion passed by the following roll call vote: Ayes: All members present voted "aye" Noes: None 14. CONSIDERATION OF A RESOLUTION SUPPORTING A COUNTY WIDE TRANSPOR- TATION PLAN Mayor Sample reviewed the project with the City Council and explained the purpose of the Resolution. He advised the Council that there is no money involved by the City that the County had budgeted for a consultant on this project. He also advised the Council that the Resolution did not include support of the S.H.121 bypass. After brief discussion, Councilman Dodds made a Motion to approve the Resolution. Seconded by Councilman Harris, the Motion passed with the following roll call vote: Ayes: All members present voted "aye" Noes: None 15. CONSIDERATION OF A RESOLUTION SUPPORTING OPTION #1 OF THE DENTON COUNTY EXPANSION PLAN Mayor Sample reviewed with the Council and audience the status of the plans of the Connty to build new facilities or renovate the old courthouse. He then read the following Resolution of The City of The Colony: RESOLUTION # WHEREAS, this City Council recognizes the growth of Denton County, Texas, as being the fourth largest in the United States of America, and; WHEREAS, this City Council has dealt with such growth and recognizes the need for planned expansion of governmental facilities, and; WHEREAS, this City Council recognizes that the needs of the whole, outweigh the needs of any special interest group representing an insignificant portion of its constit- uency, and; WHEREAS, each City Council member recognizes the necessity of public officials in exercising fiscal respons- ibility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: 1. That we support the concept of Denton County buying a forty (40) acre site and constructing future County facilities in the amount of approximately $19 million dollars. 2. That we will oppose the approximate $23 million dollar plan which renovates existing facilities and provides no room for expansion when completed. PASSED AND APPROVED THIS DAY OF NOVEMBER, 1984. /s/ Larry D. Sample, Mayor /s/ Janet Gadd, City Secretary Mayor Sample did advise the Council that the last time the County had to purchase land for the expansion of the Courthouse they had to condemn a block at the cost of $1,000,000.00. He further advised the Council that he planned on going to the Council and Mayor of Carrollton and requesting that they pass a similar Resolution. A Motion was made by Councilman Amick to pass the foregoing Resolution. Seconded by Councilman Dodds, the Motion passed by the following roll call vote: Ayes: All present voted "aye" Noes: None 16. RECEIVE REPORT ON INTERVENTION IN THE ROCKWALL E.A.S. REQUEST Mayor Sample advised the Council and members of the audience that we were denied our request to intervene on the Rockwall E.A.S. request on the grounds that this City is really not a legitamate member of the Metroplex (PUC comment) area. Mayor Sample also stated that he asked if we could at least stay for the hearing to give some input. He further stated that the attorneys would be contacted and a Petition would be filed. 17. ESTABLISH MEETING SCHEDULE FOR THE MONTH OF DECEMBER, 1984. Tabled 18. CONSIDERATION OF ACCEPTANCE OF RESIGNATION FROM PLACE 2 OF THE LIBRARY BOARD. A letter of resignation from the Library Board was read by Mayor Sample from Member Vince Condon. Member Condon resigned due to job transfer. A Motion was made by Councilman Amick to accept the resignation. With a Second by Councilman Poole, the Motion passed with the following roll call vote: Ayes: All members present voted "aye" Noes: None PLACE 3 A Motion was made by Councilman Amick for the removal of Member Doug Megredy, Park & Recreation Board, Place 3. Seconded by Councilman Poole, the Motion passed by a unanimous vote. 21. CONSIDERATION OF APPOINTMENTS TO PLACES 5 & 6 OF THE PLANNING AND ZONING COMMISSION. This agenda item was tabled by a unanimous vote. With no further discussion, Councilman Dodds made the Motion to adjourn the meeting. Seconded by Councilman Long, the Motion passed unanimously. Mayor Sample adjourned the meeting at 1:20 a.m. APPROVED: ATTEST: Sharon E. Sebera, Deputy City Secretary