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HomeMy WebLinkAbout11/18/1985 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON NOVEMBER 18, 1985 The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. at City Hall with the follow- ing members present: Larry D. Sample Mayor Tom Arrambide Councilman Helen Gray Councilman Don Amick Councilman Charles Dodds Councilman and with Councilman Poole absend due to illness and Councilman Harris absent to out of town business, however, a quorum was established. 1. PLEDGE OF ALLEGIANCE Mayor Sample led the Council and members of the audience in the Pledge of Allegiance to the flag of the United States of America. 2. CITIZEN INPUT Mayor Sample addressed the audience and Council regarding the proposed Frisco airport, stating that the City Council and staff is doing all it can do to block the construction of the airport. The Mayor then read a handout which had been prepared for citizens giving addresses of persons to contact to complain. For those of you who wish to express your feelings regarding the proposed airport in the City of Frisco, we have provided below the addresses of the Federal Aviation Administration and Doell-Morse Properties (developer). To voice your opposition to the F.A.A. approval for the use of The Colony air space, write: Federal Aviation Administration (F.A.~A.) Attn: Clair Billington, ASW 539, P.O. Box 1689, Ft. Worth, Tx. 76101 To voice your opinion regarding the building of the airport, write the developer: Doell-Morse Properties, 8333 Douglas Avenue Suite 1230, Dallas, T~xas 75225. We encourage and solicit yours and your neighbor's support in our efforts to block the building of this airport. Mayor and City Council City of The Colony The Mayor then requested a massive letter writing campaign to be initiated by the citizens of The Colony regarding this issue. 3. CONSIDERATION OF APPROVAL OF MINUTES Coundilman Dodds moved to approve the minutes of the October 28, November 2 and November 3, 1985 meetings as written. Councilman Gray seconded the motion which carried with all members voting Aye. 4. PUBLIC HEARING REGARDING THE ANNEXATION OF A TRACT OF LAND, BEING APPROXIMATELY 127 ACRES IN AREA, GENERALLY LOCATED EAST OF, AND INCUDING THE BURLINGTON NORTHERN RAILROAD, AND ABUTTING THE SOUTHERN RIGHT OF WAY OF HIGHWAY 121. Councilman Dodds moved to open the Public Hearing. Councilman Arrambide seconded the motion which carried with all members voting Aye. Janice Carroll, City Manager, presented the Service Plan for the property, stating that this annexation is by petition from Mr. J.O. White, noting that the owners of this property do desire to be annexed into the City of The Colony. Mayor Sample then did point out that the City of Plano is annexing the same piece of land, however it is felt that the property does belong in The Colony. 002!5 Mr. Dave Ridley, 6531 Stichter, Dallas, was at the meeting representing Mr. White and Mrs. Thompson(owners of the property) and to answer any question regarding development. There was one question regarding water pressure in the city if that area is serviced. Mayor Sample assured the audience that would not be a problem. Councilman Dodds moved to close the Public Hearing. Councilman Arrambide seconded the motion which carried with all members voting Aye. 5. PUBLIC HEARING REGARDING A REQUEST FROM MR. J.O. WHITE FOR A CHANGE OF ZONING ON A TRACT OF LAND APPROXIMATELY 127 ACRES IN AREA, GENERALLY LOCATED EAST OF, AND INCLUDING THE BURLINGTON NORTHERN RAILROAD, AND ABUTTING THE SOUTHERN RIGHT OF WAY OF STATE HIGHWAY 121, FROM AGRICULTURAL TO PLANNED DEVELOPMENT. Councilman Dodds moved to open the Public Hearing. Councilman Arrambide seconded the motion which carried with all members voting Aye. Dave Ridley showed a map of the area, noting that he is a represetnative of Pearce Development of Dallas. Ridley explained that Highway 121 frontage will be commercial development with the possiblity of some multi-family develop- ment on the back 30 acres of the site. He went on to say that the streets should be completed by the second quarter of 1987 and that the streets will be built by the developer. Mr. Rid!ey said his company anticipates about 12 acres along Highway 121 left as right of way with no building on that land. Mention was made by Janice Carroll that Eric Stanton had prepared a memo giving his and Planning and Zoning:s recommendation to approve the request. Councilman Dodds moved to close the Public Hearing. Councilman Arrambide seconded the motion which carried with all members voting Aye. 6. PUBLIC HEARING REGARDING A REQUEST TO AMEND SECTION 11-301 OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY FO THE COLONY TO REQUIRE LIVING AREA OF ANY SINGLE FAMILY DWELLING UNIT TO BE A MINIMUM OF 1400 SQURE FEET. Councilman Amick moved to open the Public Hearing. Councilman Dodds seconded the motion which carried with all members voting Aye. Janice Carroll stated that this zoning request had been a request from the Council to Planning and Zoning and that the Planning and Zoning Commission had held their Public Hearing on October 22, 1985 and that they now recommend the minimum be raised to 1300 square instead of 1400 square feet. Councilman Amick stated that he was in favor of 1300 square feet since the smallest home being built in The Colony at the present time is just over that. Larry Ludwig from Fox and Jacobs stated that the smallest home being built right is 1320 square feet. Mayor Sample stated that the current minimum is 1100 square feet. Dennis Cowley, 5093 Roberts, asked if the City could establish an ordinance disallowing rental property. Mayor Sample said that was not possible, that the City did establish Landlord licensing and that nothing more could be done. Councilman Amick moved to close the Public Hearing and to direct the City Manager to draft an Ordinance establishing 1300 square feet as the minimum for a single family dwelling. Councilman Dodds seconded the motion which carried with a unanimous roll call vote. 7. ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF TWO PICK UP TRUCKS FOR THE PUBLIC WORKS DEPARTMENT. Councilman A~nick moved to award the bids to Friendly Chevrolet, low bidder, upon recommendation of staff. Councilman Dodds seconded the motion. Councilman Arrambide asked if staff had read the literature on performance of the vehicles. Janice Carroll stated that maintenance records in the City were really lackin~ but that the City had not had any with the Chevrolet trucks now in the fleet. The motion carried with a unanimous roll call vote. 8. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 002_ ._ ENTER INTO A CONTRACT FOR THE PURCHASE OF TWO PICK UP TRUCKS FOR THE PUBLIC WORKS DEPARTMENT. Mayor read the caption of the Ordinance as written: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH FRIENDLY CHEVROLET IN THE AMOUNT OF $20,148.28 FOR THE PURCHASE OF TWO PICK UP TRUCKS;ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Councilman Dodds moved to approve the ordinance as written./ Councilman Arrambive seconded the motion which carried with a unanimous roll call vote. Janice Carroll did say that the lease arrangement would be brought back to Council at a later date. 9. RECEIVE REPORT FROM STAFF REGARDING HYDROMULCH MACHINES. Janice Carroll introduced Jerry Van-Y, Director of Public Works who addressed the Council regarding the benefits of buying a new machine over a used one. Van-~Y said that the only used machine available would not really be large enough to meet the needs of the City and also the warranty would not be as long. It was ntoed that the machine and supplies could be purchased with Bond money, since it was for the improvement of parks in the City. Mr. Van-Y also stated that there is only one dealer in Texas therefore the bid process would not be necessary. Councilman Amick moved to purchase a new hydromu!ch and to direct the City Manager to begin the process. Councilman Dodds seconded the motion which carried with a unanimous roll call vote. 11. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES RELATING TO OFFENSES AND MISCELLANEOUS PROVISIONS BY ADDING SECTION 13-6 RELATING TO THE OPERATION OF ANY RADIO TUNED TO THE SHORTWAVE RADIO FREQUENCY OF THE POLICE OR FIRE DEPARTMENT. Janice Carroll turned the floor over to Chief Nick Ristagno who stated the reasoning behind the drafting of this ordinance, is two-fold. One, there have been many times that a suspic0ns¥ vehicle will arrive at the scene of a police call. Just there presence reduces the element of safety and two; burglars using scanners know where the on-duty squads are, therefore allowing them to commit crimes unnoticed. The Chief feels that they can link particular suspects to burglaries and are certain they are using scanners in their vehicles. Dennis Cowley, 5093 Roberts said that he is an amateur radio operator and is licensed to have a radio in his car or on his person and feels he should not be required to get a permit fromt eh City. Chief Ristagno stat~ that is addressed in the ordinance and that the primary intent was not to hassle legitimate persons but to thwart crime, such as major burglaries involving several thousands of dollars in loss. Ristagno went on to say the permit would only be $5.00. Councilman Amick said that Mr. Cowley's license really has no bearing on this particular problem and suggested that perhpas in his case, the permit fee could be waived. Councilman Amick moved the ordinance be passed as written with the amount of $5.00 entered as the fee. Councilman Arrambide seconded the motion which carried with all members voting Aye, with the exception of Councilman Dodds, who abstained. ADDITIONAL AGENDA ITEM: CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL SUPPORTING THE APPROVAL AND CONSTRUCTION OF A HELIPORT WITHIN THE CITY LIMITS OF THE CITY OF THE COLONY. Councilman Dodds addressed the audience adn Council regarding a resolution passed in May 1983 supporting a Heliport in The Colony, stating various reasons for the construction of such a heliport. ( Care Flight, etc.) Councilman Dodds requests the Council re-affirm that 1983 resolution and direct the City Manager to apply to the F.A.A. for the heliport in the northeast 00219 corner of the city. Mayor Sample stated that might be in the flight path of the new proposed Frsico Airport. Mayor read the 1983 Resolution as written: RESOLUTION~ -83-12 WHEREAS, THE CITY IS A DULY CREATED CITY AND POLITICAL SUBDIVISION OF THE STATE OF TEXAS CREATED AND ESTAB- LISHED UNDER THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, AND WHEREAS, THE CITY COUNCIL OF THIS CITY HAS FOUND AND DETERMINED THAT ANITICIPATED GROWTH IN DENTON COUntY WILL ENGENDER ADDITIONAL MAJOR INCREASES IN TRAFFIC AND RESULT IN SERIOUS THREAT OF DISRUPTION TO BUSINESS ACTIVITIES, MEDICAL NEEDS AND FAMILY LIFE IN THE COLONY; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: THAT IT FULLY SUPPORTS THE PURSUIT OF THE APPROVAL AND CONSTRUCTION OF A HELIPORT WITHIN THE CITY LIMITS OF THE CITY OF THE COLONY. Councilman Dodds then stated that the only construction necessary is a concrete pad, that Fox and Jacobs owns the proposed site and they have no problem with this. Councilman Amick moved to re-affirm the 1983 Resolution and to direct the City Manager to file an application with the F.A.A. for the heliport. Councilman Dodds seconded the motion which carried with a unanimous roll call vote. 12. CONSIDERATION OF ACCEPTANCE OF LETTER OF RESIGNATION FROM THE BOARD OF ADJUSTMENT AND APPEALS. Mayor Sample referred to a letter received from Russ Stoffregen resigning from the Board of Adjustment and Appeals due to his family being moved to Murfreesboro, Tennessee. Councilman Dodds moved to accept the resignation. Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. Mayor Sample directed the City Secretary to draft a Proclamation to be presented to Mr. Stoffregen in appreciation for his years of service to the City. 10. RECEIVE REPORT FROM STAFF REGARDING THE FINAL FIGURES ON THE PARK AND RECREATION IMPROVEMENTS. Janice Carroll reviewed a memo received from Sylvia Brantl~y, Park and Recreation Superintendent, to which was attached a revision of the flow chart presented at the November 11, 1985 Work Session. The chart reflected the changes decided upon in that meeting regarding scheduling and expenditures. Ms. Carroll then opened the floor for questions from the Council. Councilman Amick proposed doing dirt work on N. Colony fields to create a football/soccer field. Going on to say that per- haps that should be turned over to Park and Recreation Board for study. Councilman Amick also suggested that perhaps the parking lot at B.B.Owens Park does not need to be paved, since softball isn't played when it rains therefore parking will not be needed in rainy weather. It was decided that should be reviewed and perhaps changed. Janice Carroll said if it was O.K. with all members, the work on Slay/Baker Park could be moved up to 1987 rather than wait until 1988. Councilman Amick moved to accept the plans for the park development as presented. Councilman Arrambide seconded the motion which carried with all members voting Aye. 13. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, SECTION 2E, REGARDING LITIGATION. Upon reconvening in open session, with no further business to address, Councilman Amick moved to adjourn. Councilman Gray seconded the motion which carried with all members voting Aye. Mayor Sample adjourned the meeting at 10:25 p.m. APPROVED: ATTEST: ~retary [SEAL]