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HomeMy WebLinkAbout12/11/1986 City Council MINUTES OF THE CITY COUNCIL MEETINg HELD ON DECEMBER 1], 198~ The EMERGENCY SESSION of the City Council of the City of The Colony, Texas was called to order at 7:00 o.m. at City Hall with the following Council Roll Call: Don Amick Mayor, Present Rick Harris Mayor Pro-tem, Absent, personal business Tom Arrambide Councilman, Present David W. Dye, III Councilman, Present Steve Glazener Councilman, Absent, Personal business Harvey Bradley Councilman, Absent, Personal business Marlene Poole Councilman, Present and with four members present a quorum was established, and the following item was addressed: 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2F, REGARDING LAND ACQUISITION, TO WIT: A. I.B.M. PROPERTY Upon reconvening in open session, and with no action to be taken, Councilman Poole moved to adjourn the meeting and Councilman Arrambide seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 8:35 p.m. APPROVED: D6~-A~i~k, M~Y~¥' - ' ATTEST: Patti A Hicks, City Secretary [SEAL] MINUTES OF THE CITY COUNCIL MEETING HELD ON DECEMBER 15, 1986 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 following Council Roll Call: Don Amick Mayor, Present Rick Harris Mayor Pro-tem, Present Tom Arrambide Councilman, Present David W. Dye, III Councilman, Present Steve Glazener Councilman, Present Harvey Bradley Councilman, Present Marlene Poole Councilman, Present and with seven members a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE Mayor Amick led the audience and the Council i~-the Pledge of Allegiance to the flag of the United States of America. 2. CITIZEN INPUT There was no Citizen Input at this meeting. 3. PUBLIC HEARING ON APPLICATION OF RAWLS-WELTY FOR PROPERTY PRESENTLY ZONED AS AGRICULTURAL, SEEKING TO HAVE THE OCMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE SAID APPROXIMATE 205 ACRES, LOCATED WEST OF ETHRIDGE DRIVE ON STEWART CREEK PENINSULA, A PLANNED DEVELOPRENT ~i' CLASSIFICATION City Manager, Bill Hall introduced Mr. Ed Rawls of Rawls-Welty who then introduced Mr, Dick Lindberg as the owner of the property and explained that his company has done the planning and designing for this project. At this time, Councilman Arrambide moved to open the Public Hearing and Councilman Poole seconded the motion which carried with all members voting Aye. Mr. Rawls gave some background on the project stating that sometime this past spring, Mr. Lindberg contacted his company and asked them to look into developing the property. Mr. Rawls said they researched the previous zoning case on the area, giving background and progresison of this development, stating that they knew when they started there were two parameters they had to work within; 1) a loop street and 2) no apartments. Mr. Rawls said they worked through committees and met with neighbors in the area to ensure that the plan would be acceptable to all concerned. Rawls went on to say that there had been three (3) work sessions with P & Z before the P & Z Public Hearing and the ultimate recommendation of approval from P & Z. Mr. Rawls said the property is in three basic parcels with four distinct areas, covering the major streets and stating that they were looking for a quality development with housing prices higher than what is here now. Mr. Rawls said that they do have to compete with Section 29 visually with somewhat smallSr homes and then move into the larger homes in the southern part of the development. Rawls said that there are 870 lots which would be built out over approximately 5 years, describing the different areas as follows: Section A - Large homes Section B - Not much smaller than "A" Section C - Will compete with existing Section 29 Section D- (northern) walled off, private entry, -0- lot line and townhouses Mr. Rawls said they are attempting to break the "grid" concept throughout the City and make this subdivision special and will be trying to bring in a group of builders into this area. Councilman Harris then asked why there are no small neighborhood parks in- cluded in the plan, stating that had been a request. Mr. Rawls said they felt they could encourage the use of Stewart Creek Park since it is so close to the development. Councilman Harris said people can't send there children out to play at Stewart Creek and feels they need to consider small neighborhood parks in this development. Mr. Rawls said they have considered them and noted there will be a school in the area with a large playground and the southern portion is right on the border of Stewart Creek. Councilman Harris again said he thinks there should be at leat two small neighborhood parks, stating that the City had required that of Fox & Jacobs in there subdivisions and that this 205 acres should be no different. 002555 Councilman Dye asked what area would be built out first and Mr. Rawls said probably the southern portion would be phase I. Councilman Bradley asked whty the townhouses have front entry garages. Mr. Rawls said there is not enough room on the lots for a side entry and they don't want an alley with garages facing the lake. Mayor Amick asked if these would 2 or 3 stories. Mr. Rawls said mostly 1½ story with some 2, but no 3 stories. Councilman Dye asked Mr. Rawls personal opinion on having no alleys and only side entry, which would allow more density. Mr. Rawls said he had mixed emotions about that stating that problems arise from the homeowners standpoint, such as a sea of cars in front, stating also that it would be good because it would give a larger back yard and the owners could use the nice, expensive front door just like their guests do~. Mayor Amick asked how the property alloted for a school compares to the property alloted for other schools. Mr. Rawls stated it is bigger. Councilman Poole ntoed that the townhouses will be required to have electric garage~.door openers and that 100% brick is required throughout. Mr. Rawls said the front and side entry homes will be 100% brick however, and rear entry home could have less brick. Steve Toland, 4342 Newton drive, asked if there are any variances in lot size from what is in the zoning ordinance. Mr. Rawls listed the minimum lot sizes in the various:areas:. Section Min. Sq. Ft. Min. Lot Sq. Ft. Min. Lot Wth. A 1900 6600 60 B 1800 6600 60 C 1500 6050 55 D 1300 4400 & 3300 55 Mr. Toland said there appears to be two key issues that Rawls Welty is trying to address; 1) taking advantage of a prime location, & 2) traffic problems. Mr. Toland said We would get no second chance on this property and noted that the density proposed in this development is even higher than the density proposed by F & J last year, which was rejected. Mr. Toland said this is not really upgrading very much and that there will be a traffic problem, gQing on to say that there is not really a way out of that. Mr. Toland said to Mr. Rawls that if they really wanted to improve the area, they should look into lower density. Mayor Amick asked Mr. Rawls why the density is so high. Mr. Rawls said they are trying to development a project that will have sell at $100,000.00 now and in 2 years maybe $125,000.00, noting that they have to be able to sell the homes to make it work. Mr. Rawls said that if the density is reduced, the property cannot be developed, because it would not make economic sense. Mayor Amick asked if there would be access to the Johnson Property. Mr. Rawls pointed out two accesses to that property. At this time, Mr. Rawls .introduced Mr. Doug Allen, traffic consultant to cover the traffic impact this development might have on the area. Mr~Allen said his company had done two studies which were presented in a work session to P & Z, stating that they had studied the estimated traffic at 423 and North Colony Blvd., once the entire area is. buil.t,out and felt three improvements were necessary: 1) add right turn lane eastbound N. Colony to 423 for use in the morning 2) add left turn lane at the median of 423 (N/B) to N. Colony (W/B) 3) Cut the median and add a left turn lane from W/B N. Colony to 423 Mr. Allen said the approximate cost is $50,000 to $60,000. Councilman Bradley asked if North Colony Blvd. would be stripped. Mr. Hal Jones, City Traffic Engineer, said there is a problem, one way in one way out. Mr. Rawls said their company would pay for the improvements made necessary by the 205!acre development. Mr. Steve Toland again reiteratedtha;the Council needs to 100k at density to ease the traffic study. Mona Mason Effler asked how much consideration was given to the Lombard development on the other side of 423 in this study. Mr. Allen said it was included inthe long range study. Councilman Glazener asked how many lots would have to be eliminated to impact the traffic. Mr. Allen said he feels the intersection will function at an acceptable level with the improvements propsed. Mr. Jones said that deleting 300 lots would not really impact the traffic significantly. There was a lengthy discussion regarding the traffic in the area, noting that alot of the problems at the intersection'of 423 and N. Colony are due to traffic from the north not from the peninsula. Councilman Poole moved to Close the Public Hearing and Councilman Harris second- ed the motion. Mayor Amick asked if the Public Hearing should be continued til the next meeting date and also have the Zoning Ordinance on the agenda. Councilman Poole said her motion stands. The motion carried with a unanimous roll call vote. Councilman Bradley said that the right of way along N. Colony west of 423 needs to be acquired before approval. Mr. Hall is to get with Mr. Rawls to clear up the details before January 5th meeting. At this time, Mayor Amick called a 5 minute recess. 4. CONSIDERATION OF APPROVAL OF PRELIMINARY PLAT FOR THE NORTHEAST PLANNING UNIT, OTHERWISE KNOWN AS NORTHPOINTE, AS PRESENTED BY FOX & JACOBS, INC. Marilyn Putman of Fox & Jacobs, stated that Northpointe is made up of 171 acres; 161.04 homes, 435 lots, using existing zoning, 40.89 acres of open space and 3.52 acres of neighborhood services, stating that they had donated a school site to L.I.S.D for an elementary school. Ms. Putman said they had met with the homeowners in the surrounding area to try to meet all the concerns of those involved. Ms. Putman outlined some changes that had been made since meeting with the homeowners and at the request of P & Z: 1) Twitty St. will be extended into the development 2) Double Alleyway deleted 3) Street A opened up into Turner Ms. Putman said the houses will range from 1300 to 1900 minimum square feet. with a screening wall along North Colony Blvd. She also said there is a letter in the Council packet from F &.J~o the C~ty stating they understand the traffic impact (see attachment "A"). Ms. Putman said F & J had two requests of the City: 1) To provide street right of way for Stree A. to open into Turner, 2) Vacate drainage easement along North Colony. Councilman Dye had some questions regarding the drainage and Truman Edminster, engineer for F & J explained the drainage channel. Councilman Harris said he has two problems with the plan 1) The location indicated for a school is horrible 2) He does'nt want Twitty Street cut through. Bob Fuimara, Chairman of P & Z stated that they recommended Twitty STreet going through because it did away with the back to back alleyway and it offered another East West access into the area. Mr. Fuimara stated that without it, the area is cut off, separated from the rest of the City. Cathy Bock, P & Z member said the traffic engineer had propsed it also. Mayor Amick asked Hal Jones, traffic engineer to address this. Mr. Jones said that if Twitty was opened there would be 81 additional homes served by the street, stating that the future heavy traffic flow on N. Colony Blvd would be relived somewhat if the street was open. Mr. Jones said there is only one access onto North Colony Blvd., that being Street A. and from a safety standpoint as well as traffic another access into the area is needed. Mr. Jones also said that if the street remains closed there is no access to the alley of Street A. Councilman Bradley stated that as foar as the L.I.S.D problem goes, the school district has not really said where that school will be built and that could prob- ably be worked out. There followed a very lengthy discussion regarding the pros and cons of opening Twitty Street. Several citizens who live in the area were present and expressed their concern if the street is opened. Mike Morasic, 5837 Turner stated that his alley is not sufficient for the trash truck to negotiate and if Street As is put through to Turner St., what will happen to his alley. Truman Edminster said the alley will be adjusted to accomodate the right turn radius necessary and that Mr. Morasic might even end up with a little more yard area. Carol Smith Turner Street said the traffic on turner St. is horrible already and wanted to know what will happen~to the alley behind her house. She stated that now the alley runs right into her driveway and several times drivers have not been able to make the turn and have ended up in the driveway, causing the Smiths to discontinue parking their own cars in their own driveway. Mr. Edminster looked over the plans and came up with a solution that was satisfactory to the Smiths and the Council. Mr. Edminster again told the Council and the audience that the changes in this plan had been made due to P & Z requests. Jeff Small, 5652 Tucker, stated he did not even know the school was being addressed in this area, going on to say that this is an unacceptable location and why was there one even being considered. Bob Fuimara stated that due to the overcrowding of the schools, the~.school district is preparing in case another school is needed. Mr. Fuimara said F & J was asked to give the land for a school and L.I.S.D was willing to accept it. The discussion regarding the opening of Twitty street continued. It was stated that the 5' separation between the alleys is not enough and if a wall is put up between the alleys, then people cannot back up easilY,. It was suggested that perhaps the engineer could redesign. Councilman Harris said he understands the problem with access to the area, but he feels a design Should be considered that will not disturb the existing neighborhood. ~ Mayor Amick then addressed the letter from L.I.S.D. regarding the schOol, stating that they feel it is a buildable and acceptable site. Coucnilman Harris said that they must not have studied the site thoroughly, stating that there would be too much traffic on the one road to the school and if the children are not driven to school they must walk through the existing open space, which would be dangerous for children. Mr. Fuimara said the L.I.S.D was written and the traffic problems and location disadvantages were explained and L.I.S.D. wrote back stating it was acceptable. Councilman Harris said the City should require the school district to come up with another route to the school. Councilman Poole then reminded the Council of past issues in'ithis area, stating this is the best plan to come forth yet. Councilman Poote said F & J has tried to accomodate the conncerns of the residents, but she said she feels strongly that Twitty cannot handle the increased traffic, if it is opened. Mr. Small again stated that the school site is not acceptable and that the Council must not allow construction. Mr. Fuimara asked Ms. Putman if there was another site on the tract that would be available for a school. Ms. Putman pointed an area on the opposite side of the food plain from the current site. Councilman Harris asked if the land could be deeded to the City instead of the district so the City could negotiate with the school district regarding how and where the school would be built. F & J said that was possible. Mr. Steve Bisset asked about speed bumps in the alleyway between Street A and the "T" street alreay in existence, since it was noted that the alley will be very long and might encourage speeding. Mr. Fuimara and Mayor Amick both stated that speed bumps are illegal on public property such as alleys. There'iwasla great deal of discussion regarding the opening of Twitty St. and the alley way behind Street A. Mayor Amick asked for a concensus on the following items: Opening of Twitty street, Deeding land to the City not L.I.S.D for the school, 'giving right of way for Street A. to open onto Turner St. to F & J, i~'~.' plan for the alley behind the Smith home, vacating the drainage easement. There was a concensus in agreement with all items except the opening of Twitty and the alley behind the Smith home. Mr. Edminster we~over his new plan for the alley and explained it to the Smiths and the Council and there was then a concensus in agreement with the new plan. Councilman Harris asked what the purpose of opening Twitty Street is. Mayor Amick said it was his understanding that this was recommended by P & Z after the Chief of Police, Hal Jones and DeShzo Traffic Consultants. recommended it be opened. Councilman Dye said he would be for the street being opened because Street B..may one day be closed due to an overpass being constructed over the railroad. Councilman Harris said he would vote for Twitty to open when the overpass is built. There followed another lengthy discussion regarding this issue. Mayor Amick said the function of the Council is to make an objective decision based on input from experts and that the Council is not under constraints because of one reaso~ or one person, but to consider all the input. Mayor Amick asked again for a concensus regarding Twitty Street. There was a concensus to keep the road clOsed with Mayor Amick and Councilman Bradley voting to open it. Mayor Amick asked if the Council would be inlfavor of approvi'ng the preliminary plat with amendments. Councilman Poole moved to approve the preliminary plat with an amendment to close TwittY St. Councilman Harris seconded the motion. Councilman Harris said that if Twitty St. is the only way to gain access then perhaps a gate of some type could be placed just west of the alleyway to prevent access to the existing roadway except in case of emergency. Councilman Poole stated that the parking lot for Colony Park Baptist Chruch opens up onto the alley of Usher and that could be used as an emergency access to the area. Councilman Dye suggested opening up another alley onto the alley behind Street A so the residents that will be living on Street A. can get outof their alley without driving all the way down the entire block. Councilman Dye said perhaps the alley between Twitty and Tyler could be opened up. Mayor~Amick aSk for the vote on the motion to approve the preliminary plat with Twitty closed and appointed a committee of Councilman Poole and Councilman Harris to come up with some alternatives regarding access to the area. The motion passed with'all members voting Aye with the exception of Mayor Amick and Councilman Bradley, who voted Nay. At this time, the Mayor called a brief recess. 5. RECEIVE A REPORT REGARDING THE RIG~T-OF-WAY PLANS FOR THE FUTURE FREEWAY ALIGNMENT OF S.H. 121 FROM 544 TO U.S. 75 Mr. Hal Jones, traffic engineer explained the plan as present stating that the changes requested earlier this year had been incorporated. Mayor Amick asked if the right of way along 121 has been dedicated yet. and Mr. Jones said that is in the process and believes we are in good shape, stating that now we need to proceed with the plats of the right of way. Mayor Amick asked what more the City can do. Mr. Jones said we need to get the right of ways platted by the property owners.and a letter could be sent to Mr. Bob Yielding of the Highway dept. Mayor amick directed City Manager Hall and Mr. Jones to move forward with procuring the right of way and then to write the letter to Mr. Yielding. 6. CONSIDERATION OF A RESOLUTION SUPPORTING THE CONCEPT OF A FREEWAY ON S.H.', 121 FROM F.M. 544 TO U.S. 75 AND COMMITTING-TO PRESERVE THE NECESSARY RIGHT OF WAY Mayor Amick read the Resolution Preamble as written: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY SUPPORTING THE CONCEPT OF A FREEWAY ON S.H. 121'.FROM F.M. 544 TO U.S. 75!AND COMMITTING TO PRESERVE ., THE NECESSARY RIGHT OF WAY FOR A FREEWAY Councilman Dye moved to approve the Resolution as written and Councilman Arrambide seconded the motion which carried with a unanimous roll call vot~e. 7. RECEIVE AND ACCEPT THE 1985/86 AUDIT FOR THE CITY OF THE COLONY AS PREPARED BY DELOITTE-HASKINS AND SELLS ~ Councilman Dye moved to table this item until january 5, 1987. Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. 8. RECEIVE AND ACCEPT THE 1985/86 AUDIT FOR~THE COLONY.MUNICIPAL UTILITY DISTRICT AS PREPARED BY DELOITTE-HASKINS AND SELLS Councilman Dye moved to table this item until January 5,1987. Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. 9. CONSENT AGENDA A. CONSIDERATION OF THE APPROVAL OF MINUTES OF THE CITY COUNCIL MEETINGS HELD ON NOVEMBER 25 AND DECEMBER 1, 1986. Councilman Harris moved to approve the minutes as written and Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. D.CONSIDERATION OF A RESOLUTION ESl'Abk~3i,li'~G A NEW u~ik FOR FIlE COUNC1L HELD IN JANUARY. Councilman Harris moved to approve the Resolution establishing the fbOrth Saturday in January for the Council retreat. Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. . C.CONSIDERATION OF TIlE APPOINTMENT OF MR. RICK CAMPBELL TO THE COLONY POLICE RESERVE FORCE Councilman Harris moved to approve the appointment as recommended and Council- .' man Arrambide seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF THE ACCEPTANCE OF A DEED OF TRUST ON A TRACT OF LAND CON- TAINING APPROXIMATELY 6.2414 ACRES FOR THE EXTENSION OF PLANO PARKWAY FROM UNIVERSITY BUSINESS PARK PHASE I LIMITED AND TRAMMELL CROW COMPANY NO. 33 Councilman Harris moved to accept the Deed and Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. 10. CONSIDERATON OF AN ORDINANCE AUTHORIZING TIlE CITY MANAGER TO ENTER INTO A CONTRACT WITH LONE STAR GAS COMPANY IN THE AMOUNT OF $7040.00 FOR THE EXTENSION OF THE MAIN TO SERVE THE MUNICIPAL COMPLEX Mayor Amick read the caption of the Ordinance as written: AN ORDINANCE OF THE CITY OF TIlE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH LONE STAR GAS COMPANY IN THE AMOUNT OF $7040.00 FOR THE PURCHASE OF MAIN FOR THE MUNICIPAL COMPLEX'; ATTACHING THE APPROVED FORM OF CONTRACT AS-EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Counci. lman Poole moved to approve the Ordinance as written, and Councilman Bradley seconded the motion. Councilman Harris..'asked if this was a reimbursable expenditure. Bill Hall said yes, based on use, this would be 100% reimbursable. The motion carried with a unanimous roll call vote. 11. iRECEIVE DEPARTMENTAL REPORT FROM THE PARK AND RECREATION DEPARTMENT Councilman Dye moved to table this item until January 5, 1987. Councilman Arrambide seconded the motion which carried with all members voting Aye. At this time, Mayor Amick suggested waiting to address item #12 until after 'the Closed'iDoor Session. 13. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2F, REGARDING LAND ACQUISITION AND SECTION 2G, REGARDING PERSONNEL, TO WIT: A. PLANO PARKWAY AND I.B.M. B. BOARD APPOINTMENTS After reconvening in open Session the Council addressed the following: 12. RECEIVE REPORT FROM THE CITY MANAGER REGARDING THE CONDEMNATION PROCEEDINGS FOR THE RIGHT OF WAY FOR THE CONSTRUCTION OF PLANO PARKWAY. Ci~y:'Man2gbr..'Bil'l Hall stated that he had no further information regarding this issue therefOre,'nO report was given. 14. CONSIDERATION OF APPOINTMENTS TO THE PARK AND RECREATION BOARD AND THE PLANNING AND ZONING COMMISSION Councilman Harris moved to appoint Tom Dawsey to the Planning and Zoning CommissiOn and Steve Faulkner to the Park and Recreation Board. Councilman Glazener seconded the motion which carried with all members voting.Aye. At this time, with no further business t'o address and no further action to be taken as a result of the Closed Door Session, Councilman Glazener moved to adjourn the meeting and Councilman Poole seconded the motion, which carried with all members voting Aye.. Mayor Amick adjourned the meeting at 12:55 a.m. APPROVED: ATTEST: P~'tti A. H~ks,' CitY"Secretary [SEAL] ATTACHMENT "A" - December 15, 1986 City of The Colony 5576 North Colony Boulevard The Colony, Texas 75056 RE: Northpointe subdivision, consisting of 161.04 acres out of the R. P. Hardin Survey, Abstract 611 and the D. C. Bridges Survey, Abstract 84, located in the City of The Colony, Denton County, Texas. Gentlemen: Even though the near term incremental increase in traffic flow from the proposed ~orthpointe development has been estimated by DeShazo, Starek and Tang, inc. to be 47% at Paige and North Colony Eoulevard and 38% at Paige and South Colony Boulevard, Fox & Jacobs hereby agrees, subject to the approval of the preliminary plat, to contribute 50% of the cost of traffic signalization at each of these intersections or 100% of the co~t of ~ignalization at North Colony ~oulov~rd .~nd Pai,~e only. Satisfactory security will be ~ut up at the time the City has an engineer's e3t[mate ~]f the cost of signalization but no earlier than Final Plat of the first phase. Vesy truly yours, Lar r~/Ludwig LL/j ACOBS. INC 2800 Surveyor BIvd /PO Box110934/Carrollton Texas75011-0934 AC(214)245-8511