HomeMy WebLinkAbout08/25/1986 City Council MINUTES OF THE CITY COUNCIL MEETING
HELD ON
AUGUST 25, 1986
The SPECIAL SESSION of the City Council was called to order at 7:30 p.m. on the
25th day of August, 1986, at City Hall. Following is the roll call of members:
Larry D. Sample, Mayor Present
Rick Harris, Councilman Present
Tom Arrambide, Councilman Present
David W. Dye,III,Councilman Present
Don Amick, Mayor Pro-tern Present
Harvey Bradley, Councilman Present
Marlene Poole, Councilman Present
with all seven members present a quorum was established and the following items
were addressed:
1. REPORT TO THE ADVISORY BOARDS REGARDING THE UPCOMING BOND
ELECTION
Mayor Sample addressed the Bond Election by explaing both propositions
on the ballot, Proposition 1 being improvements to Stewart Creek Park
and Proposition 2 being the construction of a golf course on Wynnewood
Park. The Mayor stated that the City of The Colony spends approximately
$361.00 per capita in comparison to Carrollton who spends approximately
$701.00 per capita, saying that The Colony spends less than the top 25
cities in the metroplex, thereby proving that over-spending of the City is
not the cause of our high tax rate. Mayor Sample said that property taxes
this year represent just under 50% of the budget for 1986/87, going on to say
that The Colony collects about $18.00 per person in sales tax compared to other
cities at $70.00 per person. The Mayor said we need to increase our sales
tax and lower our property tax percentage of the budget.
Mayor Sample said that the commercial environment in the city must be stimu-
lated and the task force he formed has been meeting for the past two months
discussing ways to do this and setting new goals for the City.
The Mayor said the concept of the Bond Issues is to make The Colony a provi-
der of recreation facilities in this area, stating that there is a lot of multi-
family, high density, residential developments not far from the city and we
need to create ways to draw them into The Colony. Mayor Sample said the
bond issues should cost the taxpayers zero, stating that the bond issue for
Stewart Creek park of $5000,000.00 is to be re-paid from revenue from the
park itself not tax money. The Mayor went on to say that the ballot has to
state that tax money is pledged due to state law. Mayor Sample said the money
will be spent in a gradual manner to improve the park for day use, ie.; sandy
beaches, miniature golf, paddle boats, etc., stating it is a three pronged
approach:
1. Attraction
2 Accessibility
3. Promotion
Mayor Sample said there is $30,000.00 in this year's budget for city promo-
tion.
The Mayor then addressed the golf course, stating it is the same type propo-
sition as the first one. Mayor Sample said both parks are on Corps land,
adding that Wynnewood Park is 550 acres and nothing has been done with it
so far. The Mayor explained that the City would issue the bonds, then ~ake
bids on the construction of the course, giving a lease on the running of the
course. He went on to say that the City would own the course but it would
be turned over to someone else to run, stating the City has no expertise in
that area right now. Mayor Sample said the bidders would have to put up
letters of credit for the principle and interest payment on the bonds for the
first three years. The Mayor said they wanted to course to be open by next
fall and after three years should be paid for by the profits, going on to say
the course should never cost the taxpayers money unless completely destroyed
or doesn't open within three years. Mayor Sample went on to say that these
issues are not necessarily for golfers or users but to stimulate economy of
the City.
The Mayor then opened the floor for questions from the audience. Mr. Bob Fiumara
asked if a restaurant was opened at the golf course would another wet/dry election
have to be held in order for that restaurant to sell beer and wuine. Mayor Smaple
said that right now there is about as much land in The Colony which is dry as
wet and to make those areas wet there would have to be another election.
Another citizen asked about the private courses in this area. The Mayor said
there are about 5-6. The gentlemen then stated that with the economy in the
state it is, this may not work at this time. Mayor Sample said that is correct
it may not. The gentlemen said he would like to see the city build a "pot" to
build course. Mayor Sample siad there is no money to build such a pot.
Lowell Barton asked about the individual and the letters of credit, citing problems
certain millionaires have had with going "belly up". The Mayor stated that the
letters will be irrevocable.
Steve Tolen asked if the statistics of the area had been studied and if so was
it determined that there is room for another golf course in this area. Mayor Sample
said the Dallas area is not projected to be in as bad a shape financially and econo-
mically as other areas in Texas. Mr. Tolen wanted to know if the golf course
would be flooded by heavy rains. Mayor Sample said the course area is not in
the flood plain.
Councilman Poole presented the brochures promoting the election and answering
some of the more common questions being asked.
2. CONSIDERATION OF A RESOLUTION TO THE TEXAS LEGISLATURE REQUESTING
THAT ESSENTIAL HIGHWAY IMPROVEMENT FUNDS MUST NOT BE DIVERTED TO
OTHER USES
Mayor Sample stated that this issue could affect State Highway 121 expansion and
that he is fearful any cuts in the highway department might slow down that project.
Mayor Sample read the resolution as written:
WHEREAS, the Texas Legislature acted in a Special Session in the summer of
1984 to address a crisis caused by the det'erioration of the 72,000 mile highway
system; and
WHEREAS, years of neglect resulted in Texas having more obsolete and sub-
standard roads and bridges than any other state; and
WHEREAS, lack of state highway funding made it impossible for the State
Department of Highways and Public Transportation to adequately maintain and
expand roads to serve increasing numbers of vehicles; and
WHEREAS, the state's deteriorating network threatened the safety, economic
health, and quality of life of every Texas; and
WHEREAS, the Texas Legislature acted with courage and wisdom to address
the highway funding crisis by increasing fees and taxes paid by Texas highway
users; and
WHEREAS, all of the increase in state highway funds came from increases in
the state motor fuel tax, vehicle registration fees, and vehicle sales tax; and
WHEREAS, Texas highway users supported these increases in fees and taxes
with the understanding that revenues would be used to maintain and improve
their roads; and
WHEREAS, the diversion of revenues from fees and taxes paid by highway users
from the State Hughway Fund to general revenues is a breach of faith; and
WHEREAS, Texas voters have consistently supported the concept that those
who use the highways should pay for them.
NOW THEREFORE BE IT RESOLVED that we hereby ask the members of the
Texas Senate and Texas House of Representatives to honor the commitment
made in the 1984 Special Session of the Legislature to reapir and improve the
state's highways. Essential highway improvement funds must not be diverted
to other uses. Projects to prevent traffic acciden~s.,reduce congestion, and
improve mobility of all Texans must be completed without delay.
Adopted this 25th day of August, 1986 by the City Council of the City of The
Colony, Texas.
(s) Larry D. Sample, Mayor
ATTEST:
(s) Patti A. Hicks, City Secretary
Councilman Amick moved that the resolution be approved as read and Councilman
Poole seconded the motion which carried with a unanimous roll call vote.
3. CONSIDERATION OF AN ORDINANCE PROVIDING FOR PARTICIPATION BY THE
CITY AND ITS WATER DEPARTMENT IN THE TEXAS MUNICIPAL RETIREMENT
SYSTEM
Mayor Sample read the caption of the ordinance as written:
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS PROVIDING
FOR PARTICIPATION BY THE CITY AND ITS WATER DEPARTMENT
IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM, AND THE SUPPLE-
MENTAL DISABILITY FUND AND THE SUPPLEMENTAL DEATH BENEFITS
FUND: PROVIDING FOR PAYMENTS BY THE CITY TO THE TEXAS
MUNICIPAL RETIREMENT SYSTEM, THE SUPPLEMENTAL DISABILITY
BENEFITS FUND AND THE SUPPLEMENTAL DEATH BENEFITS FUND;
PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY
AND PROVIDNG AN EFFECTIVE DATE.
Councilman Poole moved to approve the Ordinance as written and Councilman
Amick seconded the motion which carried with a unanimous roll call vote.
4. CONSIDERATION OF APPROVAL OF GRANTING TO TEXAS POWER AND LIGHT
A UTILITY EASEMENT NORTH OF THE EXISTING SUBSTATION
Mr. John Weinberg of Texas Power and Light was present at the meeting and did
provide for Council ~ proposed new alignmentsfor the easement, by which the
practice soccer fields can be kept in tact.
After a very brief discussion, Councilman Amick moved to approve Droposition 2
for the easement and Councilman Harris seconded the motion which carried with
a unanimous roll call vote.
5. REVIEW OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
BY AMENDING APPENDIX A - ZONING BY REPEALING ALL REFERENCES AND
STANDARDS RELATING TO SF SINGLE FAMILY DWELLING DISTRICT AND BY
ADDING AND ESTABLISHING STANDARDS RELATING TO FOUR (4) SINGLE FAMILY
DWELLING DISTRICTS, BEING SF-1,SF-2,SF-3, AND SF-4
Mayor Sample said he did not like the side yard being so narrow. Mr. Larry
Ludwig from Fox & Jacobs stated that the City should stay in line with other cities
and he recommended requiring the side yard to be 10% of the lot width. After
a brief discussion, all Council agreed on 10% for the side yard.
Joe Luciani, also of Fox and Jacobs, explained that only certain products can
be built on a particular lot size. Steve Tolen said current side yards in some
cases are not wide enough to get a lawn mower through. Mr. Bill Hall from MUD
said if 10% of a 50' lot was granted, there will not be enough room between houses
for utility service when necessary. Mayor said the minimum lot size in 60' so
there could be no side yard smaller than 6'. Mr. Luciani said the easement needs
to be addressed in the platting process and the lots can be adjusted at that time.
Bob Fiumara, P & Z suggested that wording be made part of the ordinance.
Councilman Amick asked if there is a check list used by staff and P & Z during
the platting procedure. Mr. Fiumara said that the engineer has already reviewed
the plans when P & Z receives them. Eric Stanton, Building Official said that
there is a check list of what is required by the ordinance. Councilman Amick
suggested that a check list be made available for each department that reviews
plans so that nothing is left out. Glen Brown, Engineer noted that in the proposed
Construction Design Manual is page after page of check lists for that purpose.
Councilman Amick said the check lists should go through each department and
then to the Council. All council members agreed with this.
Councilman Amick asked why 2200 square foot minimum rather than 2000. Mr.
Fiumara said that the area will be prime property with larger homes. Councilman
Amick asked what the intent of P & Z was with this recommendation. Mr. Fiumara
said they wanted the builders to offer a better percentage mix of home sizes.
At this time, 9:50 p.m., Councilman Arrambide left the meeting due to a medical
emergency in his family.
There followed a lengthy discussionr egarding the minimum square footage of homes.
Mayor Sample asked Larry Ludwig the approximate cost of a 2200 square foot home
ona 10,800 square foot lot. Mr. Ludwig stated a home of that size would cost
a minimum of $115,000 to $120,000. Mayor Sample said he feels 2200 sq. ft. may
be too high and asked for a concensus from Council. Following was the concensus
of the Council regarding the minimum square footage to be required:
SF - 1 2200 SF - 2 1900
SF - 3 1700 SF - 4 1500
The Council agreed ont he following items, lot width remains as recommended,
lot area remains as recommended with the exception of SF -4 which will be chagned
to 7000, front yard remains the same, side yard changed to 10%, Rear yard remains
the same, maximum of 40% coverage. All members agreed brick should cover 70%
of the first floor to the first plate line on a 2nd story exclusive of openings, and
the height recommendation was agreed upon.
In regard to elevation and/or color, it was recommended that not the same of either
be used within 5 houses or 600 feet. Mr. Larry Ludwig of Fox & Jacobs stated
that 600 feet would be 10 houses. It was agreed that the phrase regarding the
600 feet be taken out. Mr. Ludwig also said there are many shades of each of
the colors used. Mayor Smaple said he thinks it means not exactly the same brick
and color can be used next door. After a lengthy discussion the Council reached
a concensus, deciding that elevation cannot be the same within 5 houses, the same
brick cannot be used next door, with no restrictions to paint, since paint can
be changed very easily anyway.
At this time, Councilman Dye asked about #13 in this ordinance, wanting to know
if it is passed, could it be amended at a later time without going through the
whole ordinance again. Mayor Sample said that the Council is not through with
this ordinance and it will be discussed at a latert time.
7. REVIEW OF THE ENGINEERING DESIGN MANUAL AND THE STANDARD .:~
CONSTRUCTION DETAILS AS PREPARED BY BRIDGEFARMER AND ASS~)CIATES
},ayorSample suggested tabling this item. Councilman Dye requested that this
item be placed at the beginning of the next agenda so it will not be put off until
the hour is too late to discuss. Councilman Bradley said his only problem with
this document is the width of pavement in the alleys. There followed a lengthy
discussion regarding pavement width. Councilman Amick suggested due to the late
hour another work session be called to review this and that P & Z use this
document as guidelines in the meantime. It was decided that in the Ordinance
regarding SF-1,2,3, & 4 Section 13, page 5 the alleys should have 12' pavement
with 15 foot right of way, not 17 foot.
At this time Councilman Amick moved to table items 5, 6, & 7 on this agenda until
a Special Session could be called to review them, to be held at the earliest possible
date. Councilman Harris seconded the mo~ion which carried with a unanimous roll
call vote.
8. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6251-17,V.A.C.S., SECTION__
2G, REGARDING PERSONNEL, TO WIT:
A. PROPOSED MUNICIPAL BUDGET FY 1986/87
After reconvening in open session Councilman Amick mvoed to adjourn and Council-
man Harris seconded the motion which carried with all members voting Aye.
Mayor Sample adjourned the meeting at 12:10a.m.
APPROVED:
~v~rS~r; ~ity~'dfv?h~ i~ol6ny
Pro-tern
ATTEST:
Patti A. Hicks, City Secretary
Mr. Luciani also suggested that the grade of the streets be .4 instead of .5.
Mr. Brown said the expansive type soil in The Colony really needs room to move
and the Council decided to leave as .5.
The Council agreed that the minimum between driveways should be removed.
There was a discussion regardng drainage and Mr. Brown said the requirements
were based on taking care of storm water on a 10 year flood frequency, going
on to say that right now it based on a 5 year frequency. Mr. Brown said
these requirements will help all new construction but will have no effect on the
old construction. Mr. brown said he had covered this with Bill Hall at M.U.D.
and he has no problems with these recommendations.
Mr. Luciani (F&J) asked if the pipe size required on page 9 would ever be
waived and 18"-20" pipe be allowed. Mr. Brown said this was put in because
of previous history of cities, stating that 24" pipe is much easier to get into
in case of repair. Mayor Sample said for Mr. Brown to collaborate with Bill
Hall and the Council will go along with their decisions.
Councilman Dye said he does not want asphalt allwoed for pavement of streets.
Mr. Stanton said that is already a requirement. It was decided that asphalt
should be removed from the table in this manual.
At this time Glen Brown addressed the Construction Standards stating that there
is very little included in this that pertains to policy, going on to say that most
of the information pertains to engineering. Brown did suggest that alley entries
be flared instead of curbed. The Council all agreed with that.
Councilman Dye said that section PI regarding traffic buttons, implies that the
developer will provide buttons but it should be clearly stated instead. Council-
man Bradley said he thinks the developer should pay for striF~n£~ ot tF~e streets.
Mr. Brown said that both those are matters for the P & Z. Mayor Sample agreed
and stated that this book is to tell the developers how to do not what to do.
Councilman Dye then addressed Pi regarding median islands, stating that he
prefers pave stones insteand of concrete in the nose of the median islands.
Mr. Luciani (F&J) siad that would much more expensive. Mayor Sample said
he thinks that should not be a requirement but could be worked out at the time
the developer brings int he plans. Mr. Brown noted that maintenance is much
greater with pavestone. After a brief discussion, the Council agreed that concrete
should be used in the nose of the median islands.
Councilman Dye then addressed M3 regarding guard fencing, asking if that could
be either a guard rail or concrete head wall with a hand rail (for a deep culvert)
stating he does not want to see chain link fencing used. The Council all agreed
with Councilman Dye.
With no further discussion the following item was addressed
2. REVIEW AND APPROVAL OF THE CHANGES MADE IN AN ORDINANCE WHICH
AMENDS APPENDIX A - ZONING BY ADDING AND ESTABLISHING STANDARDS
RELATING TO FOUR (4) SINGLE FAMILY DWELLING DISTRICTS, BEING SF-1,
SF-2, SF-3 AND SF-4
After a brief discussion Councilman Bradley moved to accept the chan~ges as
presented and directed the City Attorney to draft an ordinance incorporating
those changes. The motion was ~seconded by Councilman Arrambide and carried
with all members voting Aye.
3. CONSIDERATION OF THE ACCEPTANCE OF A PROPOSAL FROM TEXAS
MUNICIPAL LEAGUE REGARDING REALY AND PERSONAL PROPERTY
INSURANCE
Janice Carroll, City Manager explained the coverage and the rates to the Council
stating that this coverage is for liability on vehicles and buildings. After a
brief discussion Councilman Harris moved to accept the proposal without flood
coverage. Councilman Dye seconded the motion which carried with all members
voting tAye.