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HomeMy WebLinkAbout05/06/1985 City Council MINUTES OF THE CITY COUNCIL 00199 OF THE CITY OF THE COLONY, TEXAS HELD ON MAY 6, 1985 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 " Helen Gray " Don Amick " Charles Dodds " Marlene Poole " and with a members present, a quorum was established. 1. PLEDGE OF ALLEGIANCE Mayor Sample led the Council and members of the audience in the pledge of allegiance. 2. CITIZEN INPUT Councilman Amick used this time to ask staff to bring an ordinance before Council regulating height and setback requirements for the satellite disks (earth stations) that are beginning to pop up all around the city. Mr. Eric Stanton, Chief Building Official, advised Councilman Amick that the Planning and Zoning Commission is working on this at the present time and hopes to have something ready to present to Council in the very near future. Mr. Jim Vanderburg, a representative of the Chamber of Commerce Beautification Committee, presented the City with a Certificate of Appreciation for helping to beautify the City. Mayor Sample thanked him for initiating the project and for all his hard work. 3. CONSIDERATION OF APPROVAL OF MINUTES FROM THE MARCH 4, 11, 18, & 19th and April 1st MEETINGS Councilman Dodds made the motion to approve the minutes with a few noted changes. Seconded by Councilman Amick, the motion carried with a unanimous roll call vote. 18. RECEIVE PRESENTATION REGARDING THE ANNUAL GREAT COLONY FISH-OFF Mr. Harvey Bradley gave a brief presentation. He advised everyone present that the fish-off would be held on June 1st this year at Stewart Creek Park. This event is sponsored by the Chamber of Commerce and the Alpha Tau Theta Chapter of Beta Sigma Phi. He went on to say they are expecting to have 175 to 200 fisherman compete this year. 17. CONSIDERATION OF AN ORDINANCE AMENDING ORDINANCE #61 GRANTING A CHANGE OF ZONING ON APPROXIMATELY 457.0480 ACRES OF LAND TO OF-l, OF-2 AND BUSINESS PARK Mr. Larry Ludwig, an employee of Fox & Jacobs, said they have given alot of thought to the concerns of the Council and citizens that were brought out in the Public Hearings. He then passed out a letter to Council and read it aloud. It pertained to the covenants they would put on the property. A copy of this letter is included with these minutes as EXHIBIT "A". Regarding item #7 in his letter, he said Fox & Jacobs has no problem with the idea of a six lane street if warranted at the time the area is developed. Mrs. Clara Belsevick, Arbor Glen Road, asked if the greenbelt is still only 50 feet wide. Mr. Ludwing answered, correct. Councilman Dodds expressed his concerns over the historical value 001996 of Office Creek. He wants as much of the area as possible preserved. Mr. Ludwig said his main concern was the drainage to the west and was not sure just how much of it can be preserved in its present state, however, every attempt would be made to preserve as much as possible. Councilman Poole told him about a technic being used in California to preserve creeks and rivers and said the same technic could possibly be used here. He said he would be interested in getting more details. Mr. King, a resident on Arbor Glen, said he was concerned over whether or not fire equipment would be utilizing his street if a station is constructed right behind him on Blair Oaks. He was advised that it would be easier for the fire equipment to travel south to the east west thoroughfare and then up one of the main streets, ie. Paige Road, or Main Street. Councilman Harris had a question regarding the option on the land at Blair Oaks and Arbor Glen. Would a firestation be the only thing that could be built on that land if the City decided to purchase it? Mr. Ludwig responded by answering no. It would however have to be some sort of government facility. Councilman Dodds then made a motion to approve the ordinance with approval from the City Attorney regarding the conenants with the inclusion of the green belt area and the option on the property be changed to Municipal use and the east/west street be changed to six lanes. Councilman Amick seconded his motion. Councilman Long said he would prefer to table this ordinance until it can be cleaned up and everything added so that there will be no questions in anyones minds. Councilman Harris agreed, he said he would prefer to pass a clean item. Councilman Dodds then withdrew his first motion and then moved to table this item for two weeks. Seconded by Councilman Amick, the motion carried with a unanimous roll call vote. 4. PUBLIC HEARING REGARDING AMENDING SECTION 24 OF THE CITY ZONING ORDINANCE BY ADDING SUBSECTION 24-101(6) WHICH FORMALLY ESTABLISHED FEES FOR REQUESTING ZONING CHANGES. Councilman Amick made the motion to open the public hearing. Seconded by Councilman Poole, the motion carried with a unanimous vote. City Manager, Janice Carroll, said staff considers this a housekeeping ordinance. The proposed fees are in line with other suburban cities of comparative size. Councilman Harris made the motion to close the public hearing. Seconded by Councilman Dodds, the motion carried with a unanimous roll call vote. 5. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 24 OF THE CITY ZONING ORDINANCE BY ADDING SUBSECTION 24-101 (6) WHICH FORMALLY ESTABLISHES FEES FOR REQUESTING ZONING CHANGES Mayor Sample read aloud the ordinance caption as follows: ORDINANCE # AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY AMENDING SECTION 24 OF APPENDIX A-ZONING RELATING TO AMENDMENTS BY ADDING NEW SUBSECTION 24-101(6); DETERMINING THAT THE CHANGE IN THE ZONING REGULATIONS HAVE BEEN MADE TO PROMOTE THE HELTH, SAFETY, MORALS AND WELFARE OF THE COMMUNITY; PRESERVING ALL OTHER PARTS OF APPENDIX A-ZONING; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING AMENDMENT HEREIN MADE: PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY Councilman Dodds moved to approve the ordinance as written. Seconded by Councilman Long, the motion carried with a unanimous roll call vote. 001997 6. PUBLIC HEARING REGARDING AMENDING SECTION 26 OF THE ZONING ORDINANCE RELATING TO THE PENALTY FOR ZONING VIOLATIONS BY INCREASING THE FINE FROM $200 TO $1000 Councilman Amick made the motion to open the hearing. Seconded by Councilman Dodds, the motion carried with a unanimous vote. Mayor Sample said the State Legislature gave municipalities the authority to increase the penalty to $1,000 two years ago, there- fore, this is a housekeeping ordinance as well. Councilman Poole moved to close the public hearing. Seconded by Councilman Dodds, the motion carried with a unanimous roll call vote. 7. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 26 OF THE ZONING ORDINANCE RELATING TO THE PENALTY FOR ZONING VIOLATIONS BY INCREASING THE FINE FROM $200 TO $1000. Mayor Sample read aloud the ordinance caption as follows: ORDINANCE # A'N ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS BY AMENDING SECTION 26 OF APPENDIX A- ZONING RELATING TO PENALTY FOR VIOLATION; DETERMINING THAT THE CHANGE IN THE ZONING REGULATIONS HAVE BEEN MADE TO PROMOTE THE HEALTH, SAFETY, MORALS AND WELFARE OF THE COMMUNITY; PRESERVING ALL OTHER PARTS OF APPENDIX A-ZONING; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY Councilman Amick made the motion to approve as written. Seconded by Councilman Dodds, the motion carried with a unanimous roll call vote. 8. PUBLIC HEARING REGARDING AMENDING SECTION 21 OF THE CITY ZONING ORDINANCE RELATING TO THE BOARD OF ADJUSTMENT AND APPEALS BY ADDING NEW SUBSECTION 21-102(4), WHICH SHALL ESTABLISH A FEE REQUIREMENT PRIOR TO APPEALING TO THE BOARD Councilman Dodds moved to open the public hearing. Seconded by Councilman Long, the motion carried with a unanimous vote. Councilman Dodds asked what other cities charge. City Manager Carroll said $50 is in line with other area cities. Mr. Stanton said this is a $50 fee for zoning cases only. Councilman Long moved to close the public hearing. Seconded by Councilman Dodds, the motion carried with a unanimous vote. 9. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 21 OF THE CITY ZONING ORDINANCE RELATING TO THE BOARD OF ADJUSTMENT AND APPEALS BY ADDING NEW SUBSECTION 21-102(4), WHICH SHALL ESTABLISH A FEE REQUIREMENT PRIOR TO APPEALING TO THE BOARD Mayor Sample read aloud the ordinance caption as follows: ORDINANCE # AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS BY AMENDING SECTION 21 OF APPENDIX A-A ZONING RELATING TO THE BOARD OF ADJUSTMENT BY ADDING NEW SUBSECTION 21-102(4); DETER- MINING THAT THE CHANGE IN ZONING REGULATIONS HAVE BEEN MADE TO PROMOTE THE HEALTH, SAFETY, MORALS AND WELFARE OF THE COMMUNITY; PRESERVING ALL OTHER PARTS OF APPENDIZ A-ZONING; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY Councilman Dodds moved to approve the ordinance as written. Seconded by Councilman Long, the motion carried with a unanimous roll call vote. 00199 10. CONSIDERATION OF ACCEPTANCE OF BIDS FOR A .HEART MONITOR/DEFIBRILLATOR AND AWARDING OF SAME City Manager Carroll said three bids were received and said staff recommends the low bid. Datascope $5,957.50 including options. Councilman Amick moved to accept all bids and award the bid to Datascope in the amount of $5,957.50. Councilman Dodds seconded the motion. Councilman Long said he wasn't willing to purchase a second unit at this time. He couldn't see the pressing need. Fire Chief Gothard informed him that with this purchase, both ambulances would be fully equiped. Councilman Dodds said this was discussed at length during the budget process and said it was necessary to move on. With no further discussion, the motion carried with the following roll call vote. Noes: Councilman Long Ayes: All other members voted aye 11. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF ONE HEART MONITOR/DEFIBRILLATOR Mayor Sample read the ordinance caption aloud as follows: ORDINANCE # AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH DATASCOPE IN THE AMOUNT OF $5,957.50 FOR THE PURCHASE OF A HEART MONITOR/DEFIBRILLATOR; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Councilman Amick made the motion to approve the ordinance as written. Seconded by Councilman Dodds, the motion carried with the following roll call vote. Noes: Councilman Long Ayes: All other members present voted aye 12. CONSIDERATION OF ACCEPTANCE OF BIDS FOR A PROTABLE MEDICAL TELEMETRY RADIO AND AWARDING OF SAME City Manager Carroll advised that only one bid was received and this is a very limited market. Staff recommends awarding the bid to Motorola in the amount of $6,510.60. Following a brief disucssion, Councilman Amick moved to accept and award the bid to Motorola in the amount of $6,510.60. Seconded by Councilman Dodds the motion carried with the following roll call vote: Noes: Councilman Long Ayes: All other members present voted aye 13. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF ONE PORTABLE MEDICAL TELEMETRY RADIO Mayor Sample read the ordinance caption aloud as follows: ORDINANCE # AN ORDINANCE OF THE CITY FO THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MOTOROLA IN THE AMOUNT OF $6,510.60 FOR THE PURCHASE OF A PORTABLE UHF MEDICAL RADIO; ATTACH- ING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"' AND PROVIDING AN EFFECTIVE DATE Councilman Amick moved to approve the ordinance as written. Seconded by Councilman Dodds, the motion carried with the following roll call vote. Noes: Councilman Long Ayes: All other members present voted aye 001999 14. CONSIDERATION OF ACCEPTANCE OF BIDS FOR RECONSTRUCTION OF SPARKS ROAD AND THE ANIMAL SHELTER ENTRANCE ROAD AND AWARDING OF SAME Mr. Jim Patton, a representative of Bridgefarmer, was present. He advised that only two bids were received. One from Abcon Pavign in the amount of $51,992.00 and the other from Joe Sullivan, Inc. in the amount of $74,084.75. City Manager Carroll said staff recommends the low bid of $51,992.00. Councilman Poole said the City attorney has no problem with the City paving the road to the animal shelter even though the land is not owned by the City. With no further discussion, Councilman Long moved to accept the bids and award the bid to Abcon Paving, Inc. in the amount of $51,992. Seconded by Councilman Harris, the motion carried with a unanimous roll call vote. 15. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE RECONSTRUCTION OF SPARKS ROAD AND THE ANIMAL SHELTER ENTRANCE ROAD Mayor Sample read the ordinance caption aloud as follows: ORDINANCE # AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ABCON PAVING, INC. IN THE AMOUNT OF $51,992.00 FOR THE RECONSTRUCTION OF SPARKS ROAD AND THE ENTRANCE TO THE ANIMAL SHELTER ; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT IIA"; AND PROVIDING AN EFFECTIVE DATE. Councilman Amick moved to approve the ordinance as written. Seconded by Councilman Poole, the motion carried with a unanimous roll call vote. For the record, Mr. Patton said every attempt would be made to get Sparks Road finished or atleastbegun before the June 1st Fish-Off. 16. CONSIDERATION OF AN ORDINANCE PROHIBITING ALCOHOLIC BEVERAGES ON ATHLETIC PLAYING FIELDS City Manager Carroll, said the Parks & Recreation Department has already had numerous calls this year regarding glass containers on the playing fields. The ordinance does four things: 1. Defines "Athletic Fields" 2. Defines "Alcoholic Beverages" 3. Prohibits possession or consumption of alcoholic beverages within athletic fields 4. Prohibits possession of glass containers within any athletic facility, which includes the parkign and playground areas Councilman Dodds said he would like to see the fine raised to a maximum of $1,000. City Manager Carroll said she would check with the city attorney and come back with an amendment if possible. Councilman Poole said signs are needed in the parks to address glass containers as well as alcohol. She asked if large signs could be posted with park rules. Councilman Gray was against alcoholic beverages in the parks and the parking lots. Councilman Amick said the drinking that goes on in the parking lots leave and go out on our city streets and highways. Mayor Sample expressed his concerns about this ordinance. He said you have to be careful so that you don't outlaw drinking from parks period, i.e. Stewart Creek Park. He then read the ordinance caption aloud as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS BY AMENDING CHAPTER 14 RELATING TO PARKS AND RECREATION BY AMENDING SECTION 14-1 RELATING TO DEFINITIONS BY ADDING SEFINITIONS AND BY AMENDING SECTION 14-6 RELATING TO UNLAWFUL ACTS BY ADDING NEW SUBSECTIONS (19) AND (20); PRESERVING ALL OTHER ORDINANCES RELATING TO PARKS AND RECREATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT MORE THAN TWO HUNDRED DOLLARS ($200) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY OO2OOO Councilman Amick moved to adopt the ordinance as written. Seconded by Councilman Harris. Following a brief discussion, Councilman Amick made a motion to amend the ordinance to prohibit drinking in parking lots as well as playing fields. Following a lengthy discussion on the do's and don'ts of drinking in all parking areas the amended motion died with the following roll call vote: Ayes: Councilmen Gray, Amick and Poole Noes: Councilmen Harris, Long, Dodds and Mayor Sample The original motion to adopt the ordinance as written, carried with the following roll call vote: Noes: Councilman Gray Ayes: All other members voted aye 19. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17 OF V.A.C.S. SECTION 2E REGARDING LITIGATION Upon reconvening in open session and with no further action to be taken by the Council at this time, Councilman Dodds moved to adjourn the meeting. Seconded by Councilman Harris, the motion carried with a unanimous roll call vote. Mayor Sample formally adjourned the meeting at 11:50 p.m. Approved: [SEAL] 00200i AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS : COUNTY OF DENTON : BEFORE ME, a notary public in and for the above named COUNTY, on this day personally appeared the person whose name is subscribed below, who, having been duly sworn, says upon oath that he or she is a duly authorized officer or employee of THE COLONY COURIER which is a news paper published in Denton County and of general circulation in the City of The Colony, Texas; and that a true and correct copy of the LEGAL NOTICE, PUBLIC HEARING, and ORDINANCES, a clipping of which is attached to this Affidavit, was published in said newspaper on the following dates: AUTHORIZED OFFICER or Employee SUBSCRIBED AND SWORN TO BEFORE ME ON L~GAL NOTI~'~ NOTICE.OF Notary Public PUBLIC. HEARING The CI~ ~ncll of the My Commissio~ City of The ~lony, T~, will hold a Pu011c H~rlng atT:~ p.m~ on (NOTARY PUt,I; the 6th..~y of May, 1~, at City Hall, In the City of The ~l~y, Tex- t, r~ding amending ~tlon 21 ~r~attng to the ~rd of Adjustment by ~lng new suction ~ (4), which ~bli~ a f~ r~ulre- ~t Prior. to appealing .~the ~rd of Adjust- ~t. ~j inter~t~ ci;Izens of ~' ~lony are invlt~ to ~d this Pubic H~r. ~:and pa~ici~e in'the ~e.. Any cltlzen~ of ~e ~ty may al~ ex~ess his or her opinion ~n- ~rning ~e prop~ ~ning e~ ~ ~er ~dr~ ~. the Ci~y ~~, olo The CEy . ~ 'The .~ny, ~ ~h ~ny~d., ~e ~leny~ T~s, (s) JANET GADD _ City S~retary . 00200 AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS : COUNTY OF DENTON : BEFORE ME, a notary public in and for the above named COUNTY, on this day personally appeared the person whose name is subscribed below, who, having been duly sworn, says upon oath that he or she is a duly authorized officer or employee of THE COLONY COURIER which is a news paper published in Denton County and of general circulation in the City of The Colony, Texas; and that a true and correct copy of the LEGAL NOTICE, PUBLIC HEARING, and ORDINANCES, a clipping of which is attached to this Affidavit, was published in said newspaper on the following dates: AUTHORIZ4~D OFFICER or Employee SUBSCRIBED AND SWORN TO BEFORE ME ON 19 ~ · - .L~AL NOTICE Notary Public. / NO ;cEO PUBLIC HEARING My Commission Expires: ~e :City ~cll 'of the C~ 'of ~e '~lony, (NOTARY PUBLIC T~ wiliholda ~blic ~ of ~lony, ~t~on ~' feinting to the ~a~y f~ zoning v~lat~, by InCreasing the m~im~m fine from the turret $2~ to the propo8~ $1 ~. All ifltere~ cit~ena' of The ~lony are Invite.to attend this Publtc Hear- I~ and pa~lclpate In the ~. Anyoltlzens of the .OltY ~ay al~. express hle~ her ~lnlon con- ~g the pr~ ~ing'~h~ge .by IM~er ~~ to the ~ity 8~'t~, tlc T~e City N~h ~ny B~d.~ Th® ~ony, T~ 7~. (s) JANET GADD Clty.~retary oo oo, R~FID,\~II' c)f- PI. BLICA ['lOX THE STATE OF TEXAS : COUNTY OF DENTON : BEFORE ME, a notary public in and to~ the above named COUNTY, on this day personally appeared the person whose name is subscribed below, who, having been duly sworn, says upon oath that he or she is a duly authorized officer or employee of THE COLONY COURIER which is a news paper published in Denton County and of general circulation in the City of The Colony, Texas; and that a true and correct copy of the LEGAL NOTICE, PUBLIC HEARING, and ORDINANCES, a clipping of which is attached to this Affidavit, was published in said newspaper on the following dates: AUTHORIZED OFFICER or Employee SUBSCRIBED AND SWORN TO BEFORE ME ON . p i:,c/~i ':~ LEGAL NOTICE "/.. NOTICE OF Notary Public ~ PUBLIC HEARING My Commission Expi, ' : :" The City ~uncli of the City of The ~lony, Tex~ .~, Will h~d a Public (NOTARY PUBLIC ' H~rlng at 7'.~ p.m. on the '6th day of May, 1~5, at City Hall, in the ~y of The ~lony, Tex- t, regarding ~e~ing ~tlon. 24 relating to the amendment pr~a by ~dlng new sub~tion 24-101 (6), which ~tl ~tablish f~ for r~ questing a change. zoning ~ a pm~y. All int~est~ citizens'of. ~he ~lony are Invit~ to att~ this Public H~r, i~g and Pa~lci~te in'the ~me. Any cltlz~ of ~ City may al~ ex~ addr~ to t~ S~r~ary, cio .The C!~~ of The ~y, ,~ No~h ~l~y, ~vd., ~e Colony, Tex~ (~) JANET GADD City S~retary.~ 00200,i AFFIDAVI~I OF' PLBLICA'Ii~)N THE STATE OF TEXAS : COUNTY OF DENTON : BEFORE ME, a notary pubhc tn and for the above nan)*~d COUNTY, on this day personally appeared the person whose name is subscribed below, who, having been duly sworn, says upon oath that he or she is a duly authorized officer or employee of THE COLONY COURIER which is a news paper published in Denton County and of general circulation in the City of The Colony, Texas; and that a true and correct copy of the LEGAL NOTICE, PUBLIC HEARING, and ORDINANCES, a clipping of which is attached to this Affidavit, was published in said newspaper on the following dates: AU OFFICER or Employee SUBSCRIBED AND SWORN TO BEFORE ME ON ,,~;~. ,~ 5-7 Notary Public My Commission Expires: (NOTARY PUBLIC SEAL) · 00200,5 AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS : COUNTY OF DENTON : BEFORE ME, a notary public in and for the above named COUNTY, on this day personally appeared the person whose name is subscribed below, who, having been duly sworn, says upon oath that he or she is a duly authorized officer or employee of THE COLONY COURIER which is a news paper published in Denton County and of general circulation in the City of The Colony, Texas; and that a true and correct copy of the LEGAL NOTICE, PUBLIC HEARING, and ORDINANCES, a clipping of which is attached to this Affidavit, was published in said newspaper on the following dates: OFFICER or Employee SUBSCRIBED AND SWORN TO BEFORE ME ON ' ~'~::/:/ ~ / i9 i', '. ": Notary Public,, My Commission Expires: ~"-'.".~?' :.; (NOTARY PUBLIC SEAL) 002006 EXHIBIT "AI' May 6, 1985 Mr. Larry Sample, Honorable Mayor The City of The Colony 5576 North Colony Blvd. The Colony, Texas 75056 .. Dear Larry: In consideration of the city approving our rezonin§ request for 0-1, 0-2 and BP zoning on our land lying north of State Highway 121, Fox and Jacobs will dedicate a fifty foot wide tract of land to be used as a park, parallel to the alley behind Arbor Glen and . east of Blair Oaks Road. The park will be hydro-mulched and thirty 3" caliper trees will be planted A sprinkler system will also be installed. ' As further consideration Fox and Jacobs will also place covenants on the property being rezoned with the City of The Colony named as beneficiary. The covenants shall contain the following items: 1. When the property adjoining the old model complex:is developed a fifty foot landscape easement will be maintaine~ by the owner. 2. A solid masonary fence shall be installed between the park and 0-1 zoned tract at the time any of the 0-1 tract is developed The fence shall be six foot high. ' 3. The 0-1 zoned tract shall be limited to one story in height. 4. The 0-1 zoned tract shall have a building set-back of sixty feet from the north property line. 5. The 0-2 zoned tract shall be restricted in height to two story on the north half and 4 story on the south half. There will be a one story limitation within 150 feet of the residential zoned land (old model complex). 6. The east/west street located between Blair Oaks and Paige Road as shown on the concept plan will be installed on the earlier to occur of, 1) when site plan(s) for the development of 30 percent of the property located between Paige Road and Blair Oaks is approved, or 2) within five years of the effective date of the BP zoning ordinance, at no cost to the City of The Colony. 7. The east/west street located between Blair Oaks Road and Highway 423 as shown on the concept plan will be installed on the earlier to occur of, 1) when site plan(s) for the development of 30% of the property located between Blair Oaks and Hwy 423 is approved, or 2) within five years of the effective date of the BP zoning ordinance, at no cost to the City of The Colony. The street shall be six lanes wide, including two turning lanes. 8. A 125 foot strip adjoining Hwy 121 be dedicated at no cost to the city or state (if needed by the state for the widening of Hwy 121) at the time of the widening of Hwy 121 Mr. Larry Sample May 6, 1985 Page 2 The covenants will be subject to your legal counsels review and approval. Fox and Jacobs will also grant the city a three year option to purchase a one acre site at the northwest corner of the 0-1 zoned tract for a fire station site for $1.00 per square foot, plus carry at the rate of one percent per month from 6/1/85. Very truly yours, / . Dallas/Fort Worth Land Manager LBL/vmf