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HomeMy WebLinkAbout05/18/1987 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON MAY 18, 1987 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 18th day of May, 1987, at City Hall with the following Council roll call: Don Amick, Mayor Present Rick Harris,Mayor Pro-rem Absent,due to business Johnny Spears,Councilman Present Michael Robinson,Councilman Present Steve Glazener,Councilman Present Harvey Bradley,Councilman Present Marlene Poole,Councilman Present and with 6 members present a quorum was established and the following items were addressed: 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2G, REGARDING PERSONNEL, TO WIT: A. INTERVIEW FOR YOUTH ADVISORY BOARD After convening in open session the Council addressed the following items: 2. PLEDGE OF ALLEGIANCE Mayor Amick led the Council and the audience in the Pledge of Allegiance to the flag of the United States of America. 3. CITIZEN INPUT Mayor Don Amick addressed the Council and the citizens regarding EAS, advising that they may be receiving phone calls from Southwestern Bell conducting a survey and explained what the survey is about. Councilman Marlene Poole addressed the audience, displaying a "lay-out" on The Colony Aquatic Park which was featured on the cover of an architectural magazine. 5. RECEIVE REQUEST FROM THE COLONY JAYCEES TO USE THE COLONY AQUATIC PARK ON MAY 30, 1987, FOR A SWIM-A-THON TO BENEFIT CYSTIC FIBROSIS Cathy Gressett was present to make this request on behalf of The Colony Jaycees. There was some concern regarding no gate fee in that possibly just anyone would come in and swim. Ms. Gressett did assure the Council that it was going to a be a Swim-a-thon and that there would be lap-counters, etc. The subject of employing lifeguards was discussed. The Council was advised that the Cystic Fibrosis Foundation had the insurance to cover this event. After discussion, it was the Council's feeling, from a liability standpoint, that our own lifeguards should be utilized. After further discussion, Councilman Spears moved to approve the request, and Councilman Poole seconded the motion which carried with all members voting Aye. 7. CONSIDERATION OF THE APPROVAL OF A SITE PLAN AND FINAL PLAT FOR THE STOP N GO STORE TO BE LOCATED AT 6801 MAIN STREET (FM 423) Mayor Amick questioned the "old info" in the packet and requested that in the future only pertinent, up-to-date information be included. Janice Carroll, Asst. Cry. Mgr., addressed the members of the Council and audience regarding the plat.. She did explain that it was taken before the Planning and Zoning Commission, but that it was not reviewed by P & Z and was tabled due to the lack of the engineering seal. Chairman Fiumara and Board Member Brantley were present and confirmed this. The Mayor questioned whether it was proper to bring the final plat before the City Council when it had been tabled at P & Z. Chairman Fiumara advised that the P & Z did not review the plat. Councilman Robinson moved to table the approval of the final plat, and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. The Council then addressed the site plan. Chairman Fiumara confirmed that the P & Z did review and make a recommendation regarding the site plan. Mr. Jack Thompson, representing Stop n Go was present to answer any questions, as well s Ms. Judy Oaks, representing Oaks Village (The Colony Joint Venture). Ms. Carroll advised that P & Z did approve the site plan with the following conditions: Curb cut on Main St. changed to 30' from 35' Chairman Fiumara stated the 30' cut was a compromise, saying the existing cut is 24' and needs to be widened, but 35' was not feasible due to a dumpster being in the way in one direction and it would be past the building line in the other direction. Ms. Oaks stated the building line was a not a problem for them and didn't think it should be considered since it was not the site of the Stop n Go. Landscaping should be extended to the curb line Ms. Carroll said that this plan should have been corrected but was not. Signs should comply with the sign ordinance. Ms. Carroll stated that this consideration was not valid because of the sign ordinance amendment, now Stop n Go signs do comply. Existing 24' curb cut widened to 30' with a 15' radius. Ms. Carroll advised this was the western most curb cut. Parking spaces changed from 20 to 18. Ms. Carroll addressed the second curb cut on N. Colony requested by Stop n Go, presently non-existent, and advised that Hal Jones, Engineer and P & Z did not agree with making this cut, however it is still shown on the site plan. Mayor Amick advised that he was opposed to the requested curb cut himself, siting traffic flow and children walking back and forth to school as major concerns. Ms. Carroll advised that in addition to the above considerations and recommendations that City Manager, Bill Hall requested prior to a construction permit being issued, the construction plans must be approved by J.T. Millican & Assoc. regarding the water, sewer and drainage; by Jones-Friebele on all other areas, and by staff. Mr. Hall also requested that prior to construction permit being issued all plats and corresponding easements be filed with Denton County. Further discussion followed regarding other areas of the site plan. Councilman Bradley was concerned about drainage and questioned the extension of the sidewalk. There followed lengthy discussion regarding traffic flow and the additional curb cut on N. Colony. Mr. Thompson stated that the additional curb cut was important access to the gas tanks by the trucks. It was the consensus of the Council, after much discussion that the extra curb cut on N. Colony was not a necessity and the safety factor, from a traffic flow point of view was more important. After further discussion, Councilman Bradley moved to approve the site plan with the conditions that the curb cut on FM 423 be widened to 30', no new cut be approved on N. Colony, and the widening of the existing curb cut on N. Colony to 30'. The motion died due to lack of second. Councilman Spears questioned whether or not the site plan should be sent back to P & Z until corrected. Mayor Amick advised that all corrections should be in place on the construction plans prior to issuance of the permit, but that it could be sent back. Councilman Poole asked why the existing cut on N. Colony couldn't be widened to 35' instead of 30'. The Mayor said that it was his understanding that P 7 Z and engineers both felt it would impede the traffic flow. After further discussion, Councilman Glazener moved to approve the site plan as shown with the exception of the additional curb cut on N. Colony. The motion was seconded by Councilman Bradley and it was further clarified that staff would review the construction plans prior to the permit being issued. Should any changes require Council action, it would be brought before them. The motion passed with a unanimous roll call vote. 6. PUBLIC HEARING CONTINUED FROM THE MAY 4, 1987 COUNCIL MEETING, ON APPLICATION OF NATIONAL CONVENIENCE STORES FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS SHOPPING CENTER, TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION: NORTHWEST CORNER INTERSECTION OF MAIN STREET (FM 423) AND NORTH COLONY BOULEVARD Councilman Bradley moved to open the Public Hearing and Councilman Poole seconded the motion which carried with all members voting Aye. There was no discussion. Councilman Bradley moved to close the Public Hearing and Councilman Poole seconded the motion which carried with all members voting Aye. 8. CONSENT AGENDA: Mayor Amick summarized the items on the Consent Agenda. A. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY GRANTING A SPECIFIC USE PERMIT CLASSIFICATION FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION AT THE FOLLOWING DESCRIBED LOCATION: 6801 MAIN STREET (FM 423) Councilman Poole moved to approve the Ordinance as written and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF THE APPROVAL OF MINUTES OF THE CITY COUNCIL MEETING HELD ON MAY 4, 1987 Councilman Poole moved to approve the minutes as written and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF THE CITY OF THE COLONY VACATING AND ABANDONING AN EASEMENT AT THE CORNER OF NORTH COLONY BOULEVARD AND FM 423 TO THE COLONY JOINT VENTURE Councilman Poole moved to approve the ordinance as written and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF RE-APPOINTMENT OF EARL BRANTLEY AND BOB FIUMARA TO SERVE ON THE PLANNING AND ZONING COMMISSION Councilman Poole moved to approve the re-appointment of Mr. Brantley and Mr. Fuimara to serve on the P & Z and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. E. CONSIDERATION OF THE ADOPTION OF A PERSONNEL POLICY AND PROCEDURES MANUAL FOR CITY EMPLOYEES Mayor Amick explained that this item was pulled for discussion at the request of City Manager, Bill Hall, who stated that the Personnel Committee had not been able to meet as scheduled due to inclement weather. Councilman Poole moved to table this item until a future date and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. F. CONSIDERATION OF THE EXPENDITURE OF FUNDS TO REPAIR THE DRAINAGE DITCH ON STRICKLAND AVENUE. Mayor Amick why we were not going out for bids on this project, and Mr. Hall stated it was not necessary since the work is being done in stages, going on to say he is not sure if the entire drainage area will need to be re-done, but that one major area needs immediate attention. Mr. Hall said H & H Contractors out of Lewisville gave a quote of work done on an hourly basis for this one area not to exceed $4900., noting this is the same contractor used to clear up the drainage ditches at N. Colony near Griffin Middle School. Mr. Hall advised if after the major problem is taken care of, and there is a need to clear out other areas of the Strickland ditch, that will be brought back to Council. After further discussion, Councilman Spears moved to approve the expenditure of funds to repair the drainage ditch on Strickland Avenue. Councilman Poole seconded the motion which carried with a unanimous roll call vote. 9. CONSIDERATION OF AN AGREEMENT WITH THE CITY OF FRISCO REGARDING THE STONEBRIAR DEVELOPMENT Mr. Bill Hall addressed the Council, advising that this is a multi faceted golf course complex being built to the east of our city limits, west of Legacy Drive and within the city limits of Frisco, by Camden Development. Mr. Hall said they do not have the water with which to irrigate the course and that this agreement deals with the City of The Colony providing effluent water to this development. The Camden Development Co. approached the City approximately one year ago to purchase the effluent water and that the City of Frisco felt since the development is in their city limits, the agreement should be between the two cities. Bruce Smith, representing Stonebriar, was present to answer questions. There followed discussion regarding the purchase price of the effluent and questions from the audience. Mr. Hall addressed the concerns the Council had with the agreement, advising that under the agreement with Dallas, we do have a percentage of water that needs to be put back into Lake Lewisville and this has been put into the agreement. Other concerns that have been incorporated into the agreement were that The Colony reserves the right to provide our proposed golf course with water. Mr. Hall stated that all construction costs would be paid by Stonebriar and that ownership of the line and effluent water would be Frisco's, stating that a portion of the agreement should be amended to reflect that Frisco shall pay all costs for repair to and replacement of "any future relocation and/or movement of than line". Mr. Hall explained that this is in the event that we need that line elsewhere or that Stonebriar no longer needed the line, then the cost would be passed on to the developer. Mayor Amick questioned the fact that if Frisco had ownership of the line and the pumps, then they would have access to our facilities and suggested there needed to be a clause reading "only under the City of The Colony's supervision".Mr. Hall also explained the need for the City of The Colony to own the pads on which the pumps will set for our future use. Councilman Spears stated that even though the development was outside the city limits, it does border us and would be beneficial to our city. There followed a discussion of potential revenues for the sale of water that is normally put back into Lake Lewisville. After further discussion of revenues, etc., it was noted by both the Mayor and Councilman Poole that they would like to review the agreement before approval and the Mayor stated he had no problem calling a special session for that purpose. Mr. Hall expressed his apologies for the delay in getting the contract to the Council, stating it had been in Council Committee, and there had been some recommended changes, which the City attorneys reviewed and made and that the actual document had not been received at City Hall until late Friday, May 15. Councilman Spears did state that he was on the Committee and that he did have concerns regarding the ownership clause. After further discussion, Councilman Glazener moved to approve the agreement. The motion died for a lack of a second. Councilman Poole moved to table this item, requesting a Special Session be called for Friday, May 22, 1987 at 6:00 p.m. to take action on this agreement. Councilman Bradley seconded the motion which carried with a unanimous roll call vote. At this time Mayor Amick called a brief recess. 10. CONSIDERATION O THE EXPENDITURE OF BOND FUNDS FOR THE INSTALLATION OF A SPRINKLER SYSTEM AT PERRYMAN PARK Mr. Hall stated that the Bahai Faith adopted this park and would like to expand the landscaping but due to the lack of water are reluctant to do so, therefore they (Bahai's) have come to the City requesting additional irrigation be installed along with the other pocket park improvements being made. Mr. Hall said Jerry Van-Y estimates this can be done in-house for around $1700.00, going on to say the money is available in the Park Improvement Bond Funds to accomplish this as well as the other already approved park projects. Ms. Jennifer Rush, representing the Bahai's was present and answered questions, stating the they hope to have a "unity Garden" in the park. Councilman Bradley moved to approve the expenditure of the bond funds to install a sprinkler system at Perryman Park and Councilman Poole seconded the motion which carried with a unanimous roll call vote. 11. CONSIDERATION OF THE EXPENDITURE OF STEWART CREEK PARK FUNDS TO SUPPLEMENT THE CONSTRUCTION OF A PAVILION AT STEWART CREEK PARK Mr. Hall stated this item was at the request of the Sesquicentennial Committee. Ms. Carroll stated that approximately $5000.00 had been allocated in the Stewart Creek Park budget toward this project, noting that the total cost will be approximately $10,125. Councilman Bradley, a member of said committee advised that approximately $5600.00 had been raised and that volunteers are being recruited to construct the pavilion. Councilman Bradley advised that the structure has been approved by the Corps of Engineers, as well and the site, and that the committee is requesting the Council to consider designating $4525. of the Stewart Creek Park funds noting that the Corps suggested the pavilion could be rented on a daily basis for $35 - $50 per day as a revenue producer. Councilman Spears made a motion to approve the allocation of Stewart Creek Park funds in the amount of $4525.00 to supplement the construction of the pavilion at Stewart Creek park. Councilman Robinson seconded the motion which carried with a unanimous roll call vote. 12. DISCUSSION AND CONSIDERATION OF APPROVING PAYMENT OF AN OUTSTANDING BALANCE TO RAY ASSOCIATES. Mr. Hall addressed this item, stating that there is still an outstanding balance of $3671.00 to Ray Associates for their preparation of a feasibility study for the consolidation of the Municipal Utility District and the City of The Colony. It was noted that both Mayor Amick and Councilman Poole were on the Council at the time this study was done and that Councilman Spears was a member of the MUD Board at that time. Councilman Poole expressed her concern about the study and the job done by Ray Associates in that they did not get the facts and figures to an accurate study. Mayor Amick also expressed his concerns along the same line. It was noted however, that the City does owe the money per the terms of the contract. Councilman Spears moved to approve payment of the balance and Councilman Robinson seconded the motion which carried with the following vote: Amick and Poole No the remainder of the Council - Aye. 13. RECEIVE REPORT REGARDING EAS This agenda item was discussed during citizen input by the Mayor and Mr. Hall. Mayor Amick did express concern regarding the validity of the questionnaire since the public had reviewed it prior to the survey. At this the Council reconvened in Closed Door Session After reconvening in open session, the Council addressed the following: 4. CONSIDERATION OF APPROPRIATE ACTION RESULTING FROM CLOSED DOOR SESSION, REGARDING APPOINTMENT TO YOUTH ADVISORY BOARD Councilman Bradley moved to appoint Darenys Pastrana to serve on the Youth Advisory Board. Councilman Poole seconded the motion which carried with all members voting Aye. With no further business to address, Councilman Glazener moved to adjourn the meeting and Councilman Spears seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 11:10 P.M. APPROVED D6~r'~Amidk, ATTEST: Patti ~. H~cks, C~t7 Secretary [SEAL]