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HomeMy WebLinkAbout04/15/1985 City Council O0:t98x MINUTES OF THE CITY COUNCIL CITY OF THE COLONY, TEXAS HELD ON APRIL 15, 1985 The REGULAR SESSION of the City Council was called to order at 7:30 p.m. with the following members present: Larry D. Sample Mayor Rick Harris Councilman Noel Long ,' Helen Gray ', Don Amick ,, Charles Dodds " Marlene Poole " and with all members present, a quourm was established. 1. PLEDGE OF ALLEGIANCE Mayor Sample led the Council and members of the audience in the pledge of allegiance to the United States flag. 2. ADMINISTER OATHS OF OFFICE TO MAYOR AND COUNCILMEMBER PLACE 1 Mayor Pro-Tem Amick administered the Oaths of Office to Larry D. Sample, Mayor and Rick Harris, Councilman Place 1. 3. CITIZEN INPUT Dick Rush, Spiritual Leader of the Bahai Faith in The Colony, presented the Council with a five year Master Plan they would like to put into effect by adopting Latimer Circle Park. He briefly reviewed the plan with the Council and asked for their support. He went on to add, if they are able to adopt this park, they would like to name it "Bahai Garden Park" Agenda items 4, 5 & 6 were held concurrently, they are as follows: 4. PUBLIC HEARING ON APPLICATION OF FOX & JACOBS FOR A CHANGE OF ZONING ON A 6.1846 ACRE TRACT OF LAND LOCATED SOUTH OF ARBOR GLEN AND NORTH OF SH121 FROM SINGLE FAMILY TO OFFICE-1 5. PUBLIC HEARING ON APPLICATION OF FOX & JACOBS FOR A CHANGE OF ZONING ON A 20.66t ACRE TRACT OF LAND LCOATED SOUTH OF ARBOR GLEN AND NORTH OF SH121 FROM SINGLE FAMILY TO OFFICE -2 6. PUBLIC HEARING ON APPLICATION OF FOX & JACOBS FOR A CHANGE OF ZONING ON THREE TRACTS OF LAND TOTALLING 420.20 ACRES LOCATED IMMEDIATELY NORTH OF SH121 AND SOUTH OF ARBOR GLEN FROM SINGLE FAMILY, LIGHT COMMERCIAL AND GENERAL RETAIL TO BUSINESS PARK Councilman Dodds made a motion to open all three public hearings. Seconded by Councilman Poole, the motion carried with a unanimous vote. Mr. Larry Ludwig, Mr. Bob Petit, and Mr. Jim Bell were present representing Fox & Jacobs. Mr. Petit began by giving a presentation on their proposed zoning. Steven A. Reed, Director of Community Services, gave a presentation regarding the results of the Planning and Zoning Commissions hearings. He said that the requested changes allow for the same uses called for in the Southern Master Plan for the corresponding areas, with the exception of the land between Goodman and Blair Oaks. The Master Plan designated this area for duplexes; the zoning request is for OF-1 and OF-2 with a 50 feet wide greenbelt along the alley south of Arbor Glen. The requested changes are as follows. First, the 6.1846 acre tract is proposed,to be zoned Office-1. It is proposed to have a 50 feet wide greenbelt buffer along the south side of the alley behind Arbor Glen to ensure that no building will be closer than 95-to feet to the rear of any house along Arbor Glen. Fox & Jacobs has advised that they will deed restrict the OF-1 area to set a maximum height of one story if the City so desires. The second request is~ for a 20.661 acre tract to be rezoned Office-2 which would provide a further buffer between the housing lines and the Business Park district. The final request is for three tracts of land totalling 420.20 acres to be zoned Business Park. The P & Z recommended approval of all the zoning requests with seven conditions, summarized as follows: 1. Goodman Street be made into a cul-de-sac 2. The alley south of Goodman be tied into the cul-de-sac 3. The one-story deed restriction for OF-1 be noted in the ordinance 4. The 50 foot wide greenbelt be extended around Goodman and along the south side of the alley to Paige Road 5. The greenbelt be graded, seeded or hydromulched and a sprinkler system installed. 6. The greenbelt be considered an easement 7. The one story deed restiction be extended into the OF-2 area to provide a'150 foot buffer to the residential property lines. Councilman Poole had some question regarding deed restictions and who would be able to enforce them. City Manager, Janice Carroll advised Councilman Poole that if the deed restrictions are filed with the County, the City enforces them. Mayor Sample had some concerns over the right of way along SH121 if this zoning is granted. Mr. Ludwig advised him that the right of way that has been dedicated by Fox & Jacobs would be observed indefinitely alOng SH121. There was a lengthy discussion regarding a parallel roadway through the Business Park area, with regards to who would be responsible for building it. Mr. Ludwig explained how the developers of the property would be responsible. Councilman Amick asked if Fox & Jacobs would consider widening the buffer north of the OF-1 area frOm 50 to 75 feet. Clara Sevek, a resident on Arbor Glen, said the residents on the south side of Arbor Glen would like the buffer to be 150 feet. Charles King, 5216 Arbor Glen, would like to see Goodman cut thr~ all the way to Blair Oaks with the greenbelt between Goodman and the alleyway south of Arbor Glen. Mary Hebert, 5033 Arbor Glen, asked for a wider greenbelt and agreed with Mr. Kings idea to extend Goodman. She said there is already to much high speed traffic on her street. Tim McCord, a resident on Blair Oaks was concerned over just how close the Business Park zoning would be to his residence. When asked about the water and sewer for this area, Mr. Petit said that Gary Millican, M.U.D.'s engineer, has master planned the Business Park area. Mayor Sample asked who would provide the water and sewer to this area. Mr. Petit replied, the land purchaser and developer. Amy Shotwall, 5260 Arbor Glen, wanted to know why the greenbelt could not be more than 50 feet wide. Mr. Ludwig said the reason is the cost of the land. He went on to say that Fox & Jacobs bought the land as an investment. With no further questions, Councilman Poole moved to close the public hearings. Seconded by Councilman Amick, the motion carried with a unanimous roll call vote. 7. CONSIDERATIONOF AN ORDINANCE AMENDING ORD #61 GRANTING A CHANGE OF ZONING ON APPROXIMATELY 457.0480 ACRES OF LAND TO OFFICE-I, OFFICE-2 AND BUSINESS PARK Councilman Amick made a motion to table. Seconded by Councilman Harris, the motion Carried with a unanimous roll call vote. 11.CONSIDERATION OF A PROCLAMATION DECLARING THE CREPE MYRTLE AS THE OFFICIAL TREE OF THE CITY Mayor Sample read aloud a proclamation, proclaiming the Crepe Myrtle as the official tree of the city, and presented it to Mr. Jim Vanderburg, a representative of the Chamber of Commerce Beautification Committee. Mr. Vanderburg thanked the Mayor then went on to say they have 250 trees on hand that they plan to sell this Saturday, the 20th, at 1:00p.m. The cost will be $5.00 per tree. All the trees that are purchased and donated to the City will be planted in the medians. 8. CONSIDERATION OF APPROVAL OF A SITE PLAN FOR THE COLONIAL BAPTIST CHURCH City Manager Carroll said she had reviewed these plans and had a few minor concerns regarding drainage. She went on to say that staff would recommend the parking lot be graded in such a way as to drain into the drainage ditch on the north side of the property rather than out onto Paige Road. After Council reviewed the plans and with no additional concerns, Councilman Amick made the motion to approve the site plan. Seconded by Councilman Dodds, the motion carried with a unanimous roll call vote. 9. CONSIDERATION OF AN ORDINNACE AMENDING ORD #61 GRANTING AND APPROVING A SPECIFIC USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION ONLY, FOR THE 7-ELEVEN STORE AT 5010 FM423 (MAIN ST.) There was a lengthy discussion regarding the number of package stores in the City and whether or not Council could deny such requests. Mr. Darryl Lake, a representative of the Southland Corporation, advised Council that his company was considering the Mayors' recommendation to have air and water at the gas pumps or somewhere on the property, but had no definite answer. He advised that they were waiting for management approval. Councilman Long then made a motion to approve the request. Seconded by Councilman Gray, the motion carried with the following roll call vote. Ayes: Councilmen Harris, Long, Gray, Amick, Dodds & Poole Noes: Mayor Sample 10. CONSIDERATION OF APPROVAL OF A RADIO CONTROLLED CAR RACE TRACT AT TURNER STREET PARK City Manager Carroll advised Council that this would not be a permanent improvement and must be regulated by the Parks and Recreation Department. The Park & Recreation Board has reviewed this concept and approves it. It would be of no cost to the City. Races would be held on Sunday afternoons so as not to conflict with any other scheduled activities at the park. Mr. Duke Smith was present representing the persons who race radio controlled cars in The Colony. He said there would be m entry fee for each racer. The money would be used to pay the judges and for the general upkeep of the track. He showed the Council a diagram of how the track could be laid out and advised that he and the other racers would do all the work including building a raised platform for the racers to stand on. There was a brief discussion regarding the platform and how it would be constructed. With no further comments, Councilman Dodds made a motion to approve the request with a provision that staff review and inspect the 001984 raised platform. Seconded by Councilman Long, the motion carried with a unanimous roll call vote. 12. CONSIDERATION OF ACCEPTANCE OF BIDS FOR AN INFORMATION SYSTEMS COMPUTER FOR THE POLICE DEPARTMENT AND AWARDING OF SAME Police Chief Ristagno gave a brief presentation regarding the bid process. He said bid specs were sent to 25 differnt companies. Three bids were received from: Vendor Amount of Bid Tele Cable Comm. Corp. 62,899.00 National Equipment Corp. 53,610.87 Multi Information Systems 39,748.00 Info-Solutions 56,215.00 Vision Tech. Inc. - Not a valid bid, unacceptable. The Chief recommended the Council award the bid to Multi-Information Systems. Their bid is in line with the budgeted amount. He went on to say the Mr. Greg Sterner, a resident of the City, provided all the consultation free of charge. Mayor Sample expressed his concerns over purchasing a system that hasn't been on the market for very long. He asked if anyone had searched the used market for a better price and wheter or not we could contract for just the software. Mr. Sterner said there may be some sort of penalty if the bid was awarded for something other than what was contained in the bid specifications. There was a discussion regarding response time for service and Mr. Sterner recommended negotiating a penalty clause if the firm does not comply with response time as designated in the service contract. Councilman Dodds then moved to accept all bids and to consider awarding the bid after further study can be done regarding the equipment. Seconded by Councilman Poole, the motion carried with a unanimous roll call vote. 13. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF A COMPUTER FOR THE POLICE DEPARTMENT Councilman Dodds moved to table. Seconded by Councilman Poole, the motion carried with a unanimous roll call vote. 14. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6251-17 OF V.A.C.S., SECTIONS 2E & 2G, REGARDING PERSONNEL AND LITIGATION Mayor Sample announced the Council would reconvene in open session later in the evening to consider the remaining agenda items. 15. CONSIDERATION OF APPOINTMENT TO THE FINE ARTS COMMITTEE Upon reconvening in open session, Councilman Long made the motion to appoint Alyce Knox to the Fine Arts Committee. Seconded by Councilman Harris, the motion carried with a unanimous roll call vote. 16. CONSIDERATION OF AUTHORIZING THE CITY ATTORNEY TO TAKE ACTION AGAINST THE COLONY M.U.D. DISTRICT #1 REGARDING ANNEXATION OF LAND ON 4/8/85 Councilman Poole moved to authorize the City Attorney to block the annexation and determine the validity to set on the board. Seconded by Councilman Harris, the motion carried with a unanimous roll call vote. With no further action to be taken by the Council at this time, Councilman Dodds moved to adjourn the meeting. Seconded by Councilman Amick, the motion carried with a unanimous vote. Mayor Sample formally adjourned the meeting at 12:30 a.m. 00198:'~ Approved: Attest: dan~add, City Se'c-retary [SEAL ]