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HomeMy WebLinkAbout02/17/1986 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON FEBRUARY 17, 1986 The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. on the 17th day of February, 1986 with the fo]lowing members in attendance: Don Amick Mayor Pro-tem Rick Harris Councilmember Helen Gray Councilmember Charles Dodds Councilmember Marlene Poole Councilmember and with Mayor Larry D. Sample arriving shortly after the meeting was called to order. A quorum was established. 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, SECTION 2G, REGARDING BOARD APPOINTMENTS. 11. CONSIDERATION OF ACCEPTACE AND AWARD OF BIDS FOR THE CONSTRUCTION OF PARK IRRIGATION SYSTEMS AT TURNER STREET PAR~K,NORTH COLONY COMPLEX, BRIDGES PARK, AND CAMEY PARK Mr. Glen Brown of Bridgefarmer and Associates was at the meeting to present the bids to the Council and to answer any questions. Mr. Brown advised that the actual low bidder was Oklahoma Sod and Land scaping however they did not send catalog cuts, which was a speci- fication in the bid. The second low bidder was Stelzer and Burns which was Mr. Brown's recommendation. Mr. Brown also stated that he does not recommend sprinkling the spectator area which will reduce the bid by $2271.00. Councilman Harris asked why the spectator area should not be sprinkled. Mr. brown said because of the bad drainage in that area and that in order to be feasible, there would need to be some grading done. Brown also advised that foot traffic in that area would probably kill any grass planted there and would ruin sprinkler heads. Mr. Brown said the completions dates were April, 1986, for North Colony and Bridges and May 1, 1986 for Turner St. and Camey. Councilman Amick moved to ag_c~Ft~and award the bids as recommended with a possibility of moving the completion date up or post pone the start date since Little League begins play on April 5. Mr. Brown advised any delay would probably mean going out to bid again and a higher cost. 7:40 p.m. At this time, Councilman Arrambide arrived at the meeting There was a general discussion regarding the pros and cons of waiting or going ahead with this project. It was suggested that this item be continued after the recess. 7:53 p.m. At this time, Mayor Sample recessed the meeting in order for the Council to re-locate to Griffin Middle School to continue the meeting. This decision was made due to the expected large crowd for item number 5 on this agenda. 8:00 p.m. - Mayor Sample called the meeting back to order at Griffin Middle School, explaining to the audience why the meeting was being held at this location. The Mayor then explained how a Public Hearing works and asked persons wishing to speak to limit there comments to the subject and to a maximum of 5 minutes. Mayor Sample went on to say that State Law requires a Public Hearing be held on matters regarding to re-zoning, saying this hearing was advertised to' be held at City Hall and that the meeting was called to order at City Hall and because of the expected large crowd was recessed and reconvened at this location. 5. PUBLIC HEARING REGARDING AN APPLICATION FROM FOX AND JACOBS, INC., TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF THE COLONY AMENDED SO AS TO CHANGE THE ZONING ON APPROXIMATELY 205 ACRES LOCATED WEST OF ETHRIDGE DRIVE ON STEWART CREEK PENINSULA, FROM AGRICULTURAL TO A PLANNED DEVELOPMENT CLASSIFICATION, ALLOWING SINGLE FAMILY AND GENERAL RETAIL USES. Councilman Amick moved to open the Public Hearing. Councilman Poole seconded the motion which carried with all members voting Aye. Mayor Sample he would allow a representative from Fox & Jacobs to speak first, then he (the Mayor) would like to say a few words, then the Planning and Zoning Commission would give their recommen- dation and then citizens would be allowed to speak. Mayor Sample stated that when a citizen came up to speak they should give their name and address for the minutes. Larry Ludwig, Fox & Jacobs, Inc. 2904 Hamlin Ln., Flower Mound. Mr. Ludwig explained the request whoing the area on the map, stating that the area was annexed into The Colony in 1984 in anticipation of the development of the area. Ludwig said that another developer had asked for 1500 units on the property in 2984 and that was turned down. That developer dropped the project and the land was put up for sale. Mr. Ludwig said that Fox & Jacobs began negotiating for the property in August 1985 however they have not closed the deal as yet. Ludwig said that Fox & Jacobs took the city's earlier desires into consideration when they planned the development, stating that sewer, water and electricity are no problem. He said that of course traffic on 121 and 423 were considered and that Traffic Engineer Hal Jones analyzed and stated that N. Colony Blvd. was wide enough to accomodate the new homes and businesses. He said it would probably require a right hand turn lane onto 423 from North Colony. Ludwig said that of course 121 is already at capacity and that the state is now working on the widening of that roadway. Mr. Ludwig said that Stewarts Creek Elemtary is near capacity and that another school will be built in the northeast section of the city which will alleviate some of the overcrowding of Stewart Creek. He also stated that Fox and Jacobs had spoken to L.I.S.D. regarding the purchase of some land west of Stewart Creek Elementary on which to build another Middle School. Ludwig went on to say that the company had tried to develop a plan which would be compatible with and have continuity with the products already in the area. Ludwig said the cost of land requires certain density, but that they sayed away from apartments. Mr. Ludwig showed on the plat that 9.9 acres and 7.2 acres were set aside for general retail including, neighborhood services such as small retail stores, offices, and day care, saying that this should not impose a significant traffic burden. Mr. Ludwig also stated that 8.9 acres is set aside for parks and 126.2 acress is residential, 10 of that being for a school. He said that 111 lots would be a minimum of 65 feet wide and 110 feet deep and they would be south of N. Colony Blvd. Mr. Ludwig said 250 lots would 60feet by 110 feet and 432 lots would be 50 feet by 110 feet deep, saying the school would be located in that area. This plan would allow approximately 795 new homes in the area. M...Ludwig said that the minimum house size would 1300 square feet. He said there would be some front entry homes on the 65 foot lots around the perimeter of the area due to the topography of the land, saying the lots that back up to Stewarts creek Park would be 60 foot lots and would be front entry because the park is not a public access and ti would preserve as many trees as possible. Ludwig stated that there is a fence propsed to be built around the park and on the property for the homeowner to maintain with no gates. Ludwig showed samples of the product which would be built in the area. At this time, Mr. Ludwig covered the concers that had been noted on a flyer which was distributed in the city regarding this matter: · Homesites backed up Stewarts Creek Park · 1300-1500 square foot homes · 50 foot fronts on lots - Colony average is 60 feet City Ordinance is 60 feet Front entry garages Single car garages Mr. Ludwig said that most of these problems had already been addressed and were no longer a problem He went on to say that he feels Fox and Jacobs has been sensitive to the residents requests. Councilman Amick asked Mr. Ludwig several questions: 1. When would construction begin and how long would it take to build out. Answer: start in 60-90 days, 9 months to complete. 2. What is the lot frontage in Section 28? Answer: average of 60-65 X 115. 3. Why did they ask for G.R., not neighborhood services. Answer: No reason, there, s not much difference in-zthe two. ~..4. Isn't this less density than other 200 acre areas in the Colony ~Answer: yes it is. 5.g/~g Ethridge and Newton Drives 37 feet wide? Answer: yes 6. Question to Charlie Parker if the B.B.Owens Elementary School is still schedule to begin in 1987. Answer: yes 7. Regarding the flood properties, what will the average lot size be when the flood fringe is subtracted? Answer: Minimum will 100 to 110 feet. 8. When F & J was building Section 28 was there a plan to buy this property now in question? Answer: No sir. 9. A review of the average size home in Section 29 was aksed for 10.. To Mr. Parker again, if the Construction begins on the elementary school in 1987, how long till completion. Answer: 18 months. Mayor Sample ask if there were any other questions from Council. There were not.. Mayor Sample then said that Public Hearings are held to get citizen input and to find out how citizens feel. The Mayor said that in talking with the citizens of The Colony he finds no support for fo foot lots, or front entry grages, or houses that back up to Stewarts Creek Park. Mayor Sample said that Stewarts Creek Peninsula is a one way in one way out area and needs to be watched closely in regard to traffic. Mayor Sample suggested that the Planning and Zoning Commission should handle this problem by amending the Zoning ordinance to provide the best density for the area. The Mayor went on to say that his mind was not thoroughly made up until he read a newspaper article regarding Seville Estates in McKinney, Texas, also a Fox & Jacobs development. Mayor Sample stated that Seville Estates is located in a remote area and that the same house are offered for sale there at around 4 to 5 thousand dollars more than the homes in The Colony. Mayor Sample said that he accepts the fact that homes in Plano and Ca rrollton will always be higher priced because there are many more services offered in those cities than in The Colony but that The Colony has much more to offer than this area in McKinney, citing schools, roads, parks, etc. He said the kids in MCKinney will have to be bused to school. He then asked why are the houses in The Colony priced lower than the same houses in McKinney and wanted Fox and JacObs to answer that question. Mayor Sample said that The Colony has gone along with Fox and Jacobs up till now with smaller, lower priced housing, but now we are ready to see a better quality house here. Bob Fdrnara, planning and zoning commission, stated that the commission had turned down this propsal by a 5 ~' 2 vote, citing the following as reasons: 1. No more 50 foot lots in The Colony 2. Fencing around the park, who would maintain? 3. No one car garages 4. No front entry garages Jerry Rambert, 7 Indianola Cir. thanked all the people for coming out and would like to address the zoning of the 205 acres.' ~. 1300 square foot homes - we don;t need any more starter homes in The Colony. Want larger homes; 1600,1800 to 2000 square foot homes. 2. No more one car garages, causes too many cars to be parked on the street. Streets are too narrow and fire trucks cannot get through them now. The retail areas would be better served on 423 or ]21, not in a residential area. Houses being so close to Stewarts Creek Park will cause complaints from the homeowners in that area due to overnight camping, noise, etc. We as homeowners have a different answer. Fox and Jacobs has over looked nees of the area and we request the council to enfore the building of homes that are equal to or better than the homes of The Colony today. Jack Ledbetter , 4305 Fryer, said he doesn't, want to stop develop- ment, but thinks the citizens should be asked when. He feels that the City services cannot support more homes, citing especially the phone system. He requested a traffic study to see if control on 423 would help the 121 pressure. He stated that The Colony is not respected outside of the City, stating that he bought here and he likes the city and is proud of the community and doesn't want it to grow too fast or in the wrong way. Mr. Ledbetter said he wants to be sure we have adequate services, would like to see the water issue addressed and feels adequate planning was not done in this section. Mayor Sample responded that our water is more than adequate and is currently processing 13,000,000 gallons a day. The Mayor also reminded Mr. Ledbetter that the phones are not a city service. Terry Freeman, 4518 Nervin, said he is a cluster homeowner, and does not want The Colony to continue in the same track as it has been. He also said that rear entry home owners park in the street too and feels we need no parking signs on the street and no front entry garages. Mr. Freeman stated he thinks the ordinances of The Colony need to be enforced and if The Colony is treated like a real city the property values will go up. Mayor Sample asked him to get with the City Manager regarding the parking problem. St eve Toll, 4342 Newton said The Colony is at a crossroads and as the Mayor said, other cities have nicer homes and that this property is the ncest in the North Dallas area and should have nicer homes on it. Mr. Toll said he is concerned about the future of The Colony and the property values and the city's reputation as a town other people snicker at. J.R. Lappe, 4350 Newton said Fox & Jacobs builds a good house stating that he owns one in Duncanville. He said he built that house in the woods 5 years and now his property value has gone down. He said when buying a home, people expect certain values and don't want it chagned by development. Bill Teague, 12 Keene Cir.simple stated the houses already built should be sold before Fox & Jacobs builds anymore. Dave Webber, 4840 Ashglen, said he is a framing contractor and that this is tract housing in The Colony because there is no competition here between bulders to improve the looks of the homes. He went on to say that is why Carrollton and Piano homes are higher priced. Mr. Webber feels other builders should be invited to build here and we will have a more beautiful city, saying the Peninsula should be the most attractive in:the City. Dave Cramer, 5005 Brandenburg, said he is a 9 year resident c~ing promises made to him when he moved in such as a High School, phone system, roads. Mr. Cramer said this development will impact City services, schools, and traffic. He smd we need to define just what progress and if this is progress it needs to be stopped. Roosevelt Johnson, 5077 ~hompson, said this plan was disapproved by the P & Z~and that Fox & Jacobs should listen to the citizens of this city and not try to go over their heads by going to the Council and/or P & Z. He said want the citizens want is a quality product in this city. Bill Allen, 902 Eastern, Wylie, Texas, a Fox & Jacobs employee, made three points: 1. Lots of people bought houses in The Colony because of value and they could buy the same house in The Colony for less money. 2. Fox & Jocbos prices homes from $70,000.00 to $110,000.00. saying they would love to build on]y $110,000.00 homes because they would make more money and have less problems. To qualify for a starter home today, buyers have to make at $38,000.00 a year and some people can only afford to buy smal]er homes. 3. The Colony H~mes - $83,500.00 - $110,000.00 Seville Estates homes - $82,000.00 - $99,000.00 He said the difference is things you get and that lot prices make a difference also. Mr. Allen said he thought everyone would like to have a 1800-2100 square foot home. 00226 Mayor Sample said he thinks the land prices in The Colony and Seville Estates is about the same but the home prices are different and he wonft let The Colony take a back seat to McKinney. Mr. Allen said Piano, Lewisville and Ca rrollton all allow 50 foot and even 40 foot lots and that nice homes can be built on them. De bra Sims, 4440 Jenkins, said she has a front entry home and does not want to see anymore build. She said she would like to buy a new home but if this plan is approved will be looking somewhere else besides The Colony. Mike Lynch 4921 Roberts, asked about the school site of 8 - 10 acres available for purchase. He asked how much the land would cost and what if the school district wontt buy. He stated that if Fox & Jacobs was really interest in the betterment of The Colony they would donate the land for the school. Mr. Perry, 4317 Newton, said he rented, looked around and bought in Lakeway Estates, saying this was his first home so why should any more smaller homes be built in the city. Robert Hamlin, 6812 Younger, said he was at the meeting to look out for the future, staing the city needs to continue with larger lots and larger homes. He said he is also a first time home buyer and he bought a larger one. David Dye, 5305 Stricktand, said is a member of the Park & recreation Board and a civil engineer and that The Colony has an image problem He feels the lake can improve that image but that this development does not compliment the lake. He said he would like to see a road around the perimeter of the park so that when people are at the lake and park they will have a nice view. He said this is a prime piece of property. Rick Selby, 4349 Newton asked how many houses would be on the west side of 423 without this new development, larry Ludwig (F&J) said maybe 200-300. Mike Poteet, 6800 Younger, said he hopes this will heighten interest in the City Council to be sensitive to the citizens, stating he wants more control in the city of lot sizes, small houses, front entry garage, etc. Mr. Poteet said the Council can stop this he hopes they will take the lead. STeve Mitchell, 10 Indianola Cir., said he started the flyer and is responsible for most of these people being present. He said he had walked the streets of this city and the citizens do not want this development as presetned. Councilman Gray moved to Close the Public Hearing and then withdrew the motion. Councilman Amick moved to close the Public Hearing and appoint a committee of 3 councilman, 2 citizens and come back with some recommendations in two weeks. Councilman Dodds seconded the motion. Bob Fuimara requested that a member of Planning and Zoning be on the committee. Councilman Amick amended his motion to read the committee will be made up of 2 councilman, 2 citizens and 1 P & Z member. Councilman Dodds seconded the motion which carried with a unanimous roll call vote. Mayor Sample called for a 5 minute recess. Upon recovening, Mayor Sample named the committee members: 1. Councilman Arrambide 2. Councilman Harris 3. Tim Solohubow - P & Z 4. Jerry Rambert 5. Tom Bogan ()02, 6° 3. CITIZEN INPUT Mayor Sample explained Citizen Input to those who are new to Council meetings and then asked if anyone wished to speak Debra Sims, 4440 Jenkins, spoke concerning the parking on the street in front of the cluster homes saying it is so bad that you cannot manuever in that area without almost hitting cars that are parked in the street. Mayor Samply said we allowed no parking on one side of North and South Colony Blvds. and people in that area got irate. He said for Janice Carroll, G~t__y Manager to investigate and get back to Ms. Sims. Phil Williams, 7712 Underwood, asked the minimum width of driveways stating alleys too narrow to get out onto the streets. Dave Webber , stated that the highschool construction is causing a trash problem in his neighborhood. Bob Fuimara, asked why the road going to Gable T.V. was not paved. Mayor Sample said he should ask Ben Campbell. Mike Lynch, ask if there is a policy stating when trash can be set out to be picked up. Janice Carroll said there is no set time. Mr. Lynch was also concerned about lighting at N. Colony and Paige and turning right from N. Colony onto 423, saying that left turners don't yield to right turners. Mayor Sample stated that the state approved signal light for that intersection, 423:and S. Colony, Grider and 544 will all synchronized properly to handle such problems. Phil Williams, suggeseted that a committee be formed to upgrade the image of The Colony. Mayor Sample said he feels the image is already been improved and will continue to improve. Dick Biggs, 9 Indianola said there is no cable in his area and he has been there a year. Janice Carroll said she would check into that for him. Helen Gray stated that she is on the Beautification Gommitee and that committee has launched a Glean City promotion and that there are flyers available in several locations explaining the programs. 4. CONSIDERATION OF APPROVAL OF MINUTES Councilman Ar rambide moved to approve the meetings of the Council meetings of January 18, and 27 and February 3 and 7, 1986~as written. Councilman Poole seconded the motion which carried with all members voting Aye. 6. CONSIDERATION OF ACCEPTANCE OF A WARRANTY DEED FROM DICK AND NORMA JEAN CHAPLIN, GRANTING APPROXIMATELY 0.091 ACRES LOCATED WEST OF 423 TO THE CITY OF THE COLONY. Councilman Amick moved to accept the deed. Councilman Poole seconded the motion which carried with a unanimous roll call vote. 7. CONSIDERATION OF ACCEPTANCE OF A LETTER OF RESIGNATION FROM A MEMBER OF THE BOARD OF ADJUSTMENT AND APPEALS. Councilman Amick moved to accept the resignation from Becky Orr Parrish, who has moved out of the City. Councilman Poole seconded the motion which carried with all members voting Aye. 8. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF A COPIER FOR CITY HALL Janice Carroll stated that the same information was enclosed that had been before with the addition of references, stating staff had checked with other cities, and companies who have used the Royal machine and found only one bad reference which was T.G.I.Fridays. She stated that the staff still recommends the Royal machine. Councilman Dodds moved to accept the bids and recognize the low bidder as Copy-Co, the Royal machine. Councilman ARrambide seconded the motion. Councilman AMick asked why we were purchasing the copier instead of leasing it. Janice Carroll suggested that the next item on the agenda covers the financing of the machine and perhpas it should be tabled until February 20, meeting. She said that buying the machine outright is much less expensive than leasing or renting it, and it would have the same trade in value. She went on to say that the award of bid and financing could be handled on February 20. Councilman Harris asked for a 2 year rate on this since we are under budget and perhpas we can pay it out sooner and save money on interest. The motion carried with a unanimous roll call vote. 9. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF A COPIER FOR CITY HALL. Councilman Dodds moved to table this item until February 20, 1986 meeting. Councilman Amick seconded the motion which carried with a unanimous roll call vote. 10. CONSIDERATION OF BOARD APPOINTMENTS: BOARD OF ADJUSTMENTS AND APPEALS Councilman Amick moved to appoint Gary La Crone and St eve Glazener to the Board of Admustments and Appeals. Councilman Poole seconded the motion which carried with a roll call vote as follows: All members voted Aye witht he exception of Councilman Arrambide who abstained. 11. This item was continued from the first of the meeting. There had been a motion to accept and award bids to Stelzer and Burns on the table when the meeting was recessed. Councilman Amick at this time, withdrew him motion with the Mayor's O.K. Councilman Amick asked if we should award the bid and chance the work not being finished on time. Councilman suggested tabling the item until February 20, 1986. Councilman Dodds moved to table this item until February 20, 1986 meeting. Councilman Amick seconded the motion which carried with following vote: Harris - No, Arrambide - No, Gray - Aye, Amick- Aye, Dodds - Aye, Poole - Aye, Sample- Aye. 12. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE CONSTRUCTION OF IRRIGATION SYSTEMS AT TURNER STREET PARK, NORTH COLONY COMPLEX, BRIDGES PARK AND CAMEY PARK. Councilman Dodds moved to table this item until FEbruary 20, 1986. Councilman Poole seconded the motion which carried with the following vote: Harris - no, Arrambide - No, Gray - Aye, Amick- Aye, Dodds - Aye, Poo]e - Aye, Sample - Aye. At this time, Councilman Harris moved to ca]] item # 11 from the table. Councilman Ar rambide seconded the motion. Mayor Sample stated the item could not be called from the table because it has been tabled until a specific date of FEbruary 20, 1986. Councilman Dodds moved to adjourn the meeting. Councilman Poo]e seconded the motion, which carried with all members voting Aye. Mayor Sample adjourned the meeting at 10:55 p.m. APPROVED: ATTEST: