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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.