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HomeMy WebLinkAbout08/31/1987 City Council-SS MINUTES OF THE CITY COUNCIL MEETING HELD ON AUGUST 31, 1987 The Special Session of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. on the 31st day of August, 1987 at City Hall with following Council roll call: Don Amick, Mayor Present Rick Harris,Mayor Pro-tem Present Johnny Spears,Councilman Present Michael Robinson,Councilman Present Steve Glazener,Councilman Present Harvey Bradley,Councilman Present Marlene Poole,Councilman Present and with seven members present a quorum was established and the following items were addressed: 1. 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. At this time, Mayor Amick recognized Dr. Bill Manning of the Rotary Club who presented the City of The Colony with a new United States flag and a new Texas State flag to be flown in front of the new City Hall, stating that the Rotary Club is also donating three flag poles on which to fly these two flags along with the City flag. Dr. Manning stated that the flag program approved by the Council about a year ago in which the Rotary Club provides flags to residents on all national holidays for a yearly fee had funded these gifts to the City. Mayor Amick thanked Dr. Manning and members of the Rotary Club for these gifts. 5. PUBLIC HEARING ON APPLICATION OF LEWISVILLE INDEPENDENT SCHOOL DISTRICT FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED SINGLE FAMILY, SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE CLASSIFICATION FOR A SCHOOL SITE: NORTH OF KEYS DRIVE, APPROXIMATELY 200 FEET WEST OF ANDERSON, AND EXTENDING NORTHBOUND TO STEWARTS CREEK PENINSULA Councilman Spears moved to open the Public Hearing and Councilman Poole seconded the motion which carried with all members voting Aye. Mayor Amick advised that this is a public hearing for citizen and council input and asked that remarks be kept to a five minute maximum. Joanna Keene 6869 Younger Drive presented the City Secretary with a petition signed by 360 citizens in favor of the middle school. Ms. Keene stated that the school will add to the quality of life in The Colony, going on to say that citizens have worked very hard to get a high school in The Colony and feel in would be wrong to send middle school students to another city. Ms. Keene said she had spoken to a realtor who had informed her that having a residence close to a school increases the property value. She also said that she had been told by educators that busing is not conduCive to learning. Ms. Keene stated that some of those opposing the school don't have children or their children are very young and waiting for a middle school in the area makes no difference to them, however, she stated that having school close to home is very important and she feels it is beneficial to have all our children going to school in our city. Debbie Satterly 6821 Fryer - presented a petition of 4 signatures in favor of the school. Kathy Clemens 6900 Elliott Ct. stated she is opposed to the location of the school, stating it is too close to her home, noting privacy, increased traffic (foot and car) noise and pollution as problems. Ms. Clemens said that at the P & Z meeting they were told there were no changes in the plans noting some of the concerns had been addressed but still feels there are questions that need to be answered. Paulette Miller 4928 Arbor Glen stated that she lives across from Camey Elementary and behind The Colony High School. Ms. Miller said she has lived there 11 years and since the schools have been open has experienced absolutely no problems, stating that the school is good for the community and it needs to be here in The Colony not somewhere else. John McQuiston 4504 Larner stated that he thought busing was over for The Colony, asking how many kids had been killed on buses. Mr. McQuiston said The Colony needs another middle school. Elizabeth Ripper~er 4265 Keys stated she is opposed to the location, not the school or LISD. Ms. Ripperger said she is also opposed to the manner in which this has been handled by the City, asking if a traffic study has been done on Keys Drive and why the city had not worked with the citizens of the area to hear their alternative suggestions Ms. Ripperger said she feels this was done without citizen input and that the school is being forced on the area residents. Nancy Miller 4357 Fryer said she is all for the school, stating it will benefit the entire area and will keep kids from crossing FM 423. Ms. Miller said she does not see traffic as a real problem and feels it would be a real mistake not to build the middle school in The Colony. Michelle Webb 7211 Augusta stated she has no children but is for good education and is in favor of the school. Danette Poole 7100 Elliott Ct. stated she is for the school however she understands the plans have gone back for some changes and would like to see what those changes are. Mayor Amick said that the site plan for the school had been approved at an earlier meeting and would not be reviewed tonight. Ms. Poole asked if citizens would get to review the plans with LISD and the Mayor stated that would be up to the school district. Mayor Amick said Ms. Poole had presented a petition of 66 names, representing 45 households, in support of the school. Diane Wilson 5508 Russell stated she lives close to B.B. Owens school and is very happy about that, stating that she and her husband were concerned that there is only one middle school in The Colony and feels it would be a detriment to the City and the citizens if the middle school were not built here, stating it would put us (the City) back 20 years. Ernie Carson 4508 Larner said he has kids and wants them to go to school where they live, stating they looked for schools when they moved here. Mr. Carson said the longer we wait the more money it will cost. Tammy LaFleur 7101 Elliott Ct. said she is for the school but is unhappy with the way this has been handled by the City, stating the letter citizens received from P & Z was vague and that the P & Z did not answer questions put to them at the public hearing and that those questions still have not been answered. Ms. LaFleur said she was not aware the site plan had already been approved and stated again this had not been publicly handled properly. Mr. Hall, City Manager stated that some changes had been made on the site plan which were in response to citizen input and that more would be made before the final approval. Ms. LaFleur asked why the site plan was approved before the SUP. Mayor Amick sated that the City has to follow certain steps as required by law. He stated that the City had no idea the school would create such a problem and that staff and P & Z has not done anything out of order. Ms. Lafleur closed by stating she is opposed to the following: Boundary of the school property Alley running parallel with school opens onto front yard of two homes and should be closed. There is no separating wall Renee DeVincus 6812 Curry spoke in favor of the school Kim Jones 4313 Keys stated she is opposed to the school and to the plans, going on to say she does not like the ultimatum from the school district that the school will be built here, as is, or it will be built somewhere else. Ms. Jones said she wants more entrances, wants to save the trees across the street from her, wants a traffic count done of Keys and Elliott, and finally stated that the citizens should be informed ahead of time in matters such as this. Ms. Jones then quoted Appendix A-Z~ling of The Colony Code, Section 2-100 regarding the purpo[e of the Comprehensive Zoning Ordinance. Mark Glazer 5912 Elliott Ct. said he lives right behind the property for the proposed school and is opposed to the layout of the school stating that this should have been worked out with the residents in the area. Mr. Glazer said he wants the school but wants to be sure the plans are agreed upon by the area residents. Clayton Downing, Superintendent Lewisville Independent School District stated that LISD has always committed to build schools where the kids are and the kids are in The Colony. Mr. Downing stated that they have always been aware of the busing problem; the traffic on Hwy 121 has been a real problem, going on to say the school has been planned for over a year and that in May 1986 a model on the school was brought to Stewarts Creek Elementary School for residents to see. Mr. Downing said school sites are hard to come by, stating that all the problems cannot be solved but that the following have been addressed or were never a problem to begin with: The will be 90 feet from the alley at the closest point. It is 395 feet from the Keys Dr. entrance to the alley There is no plan to use the parallel alley for any traffic. The entire property will fenced. If 8' brick can be afforded it will be used, otherwise it will be fenced with chain link. There will be no bleachers, stadium or lights. Mr. Downing said there will be very few kids bussed to this school, stating that most will walk or ride bikes. Downing did say that approximately 120 North Carrollton kids will be bussed for 2 years to this school. Mr. Downing said the district wants to build in The Colony, the plans are out and will be bid on September 9, 1987 and if the schedule is met the school will complete in 2 years. He went on to say that a million dollars has already been spend on this site, stating that tomorrow approximately 1100 students will start to school at Griffin Middle School. Mr. Downing said the district did not try to keep citizens in the dark, stating they had tried to comply with all requirements. Mr. Downing then presented an artists rendition on the building, stating this will be the 26th school with LISD and will be the best looking school and most functional to day. Mr. Downing said the property is narrow, therefore a two story building was designed to accommodate the need. Larry Claycomb, architect for the school said the 2nd story will be 120 feet from the alley and is not parallel with the alley, however there are windows in the 2nd story facing the alley. Gayle McGuire 6872 Fryer, stated they bought close to the school because of convenience and yes, they have kids walking through their yard but that's just a fact of life. Ms. McGuire said is not possible to make everyone happy, but she would hope the community good would take president over individual preference. Susan Johnson 5025 Stanley stated she is all for the school. At this time, Councilman Bradley moved to close the Public Hearing and Councilman Poole seconded the motion which carried with all members voting Aye. Mayor Amick said at this time he is calling Item 8C from the Consent Agenda for Council action rather than delaying it until the Consent Agenda is addressed as a whole. 8. C. CONSIDERATION OF AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY BY GRANTING AND APPROVING A SPECIFIC USE PERMIT FOR A PUBLIC SCHOOL ON PROPERTY PRESENTLY ZONED SF, SINGLE FAMILY Mayor Amick read the caption of the ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY SO AS TO CHANGE THE PROPERTY DESCRIBED HEREIN TO "SF" SINGLE FAMILY DISTRICT CLASSIFICATION SUBJECT TO A SPECIFIC USE PERMIT FOR A PUBLIC SCHOOL; PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Harris moved to approve the ordinance as written and Councilman Spears seconded the motion. Councilman Harris said he has lived in The Colony 9 years and has had 3 kids to be bussed to Lewisville on Highway 121, stating he had fought hard to keep the kids in the City and felt it would be a big mistake and a step backward not to build the middle school here, going on to say we can't afford to wait and that is he very much in favor of the new middle school. Councilman Glazener stated that he lives close to Stewarts Creek Elementary and feels the benefits of the school overrides any negative and that LISD has answered the concerns that had been expressed to him. Councilman Poole said that B.B.Owens Elementary is similarly situated and that there have been no complaints in that area. At this time the Mayor called for a poll of the Council on the motion which carried with a unanimous roll call vote. 6. CONSIDERATION OF APPROVAL OF FINAL PLAT FOR A MIDDLE SCHOOL ON THE FOLLOWING DESCRIBED PROPERTY AS PRESENTED BY LEWISVILLE INDEPENDENT SCHOOL DISTRICT NORTH OF KEYS DRIVE, APPROXIMATELY 200 FEET WEST ANDERSON, AND EXTENDING NORTHBOUND TO STEWARTS CREEK PENINSULA Councilman Spears moved to approve the final plat as presented and Councilman Harris seconded the motion. Mayor Amick stated this had gone to P & Z and they did recommend approval. The motion then carried with a unanimous roll call vote. Mayor Amick called a 5 minute recess at this time. 2. PUBLIC HEARING REGARDING THE ANNEXATION OF APPROXIMATELY 13.1092 ACRES OF LAND GENERALLY LOCATED SOUTH OF STATE HIGHWAY 121 AND NORTH OF THE WHITE PROPERTY Mayor Amick explained that the City of The Colony had asked the State to move the city limit sign east to our correct city limit line, and the State advised that in order to do that the City would have to annex the highway right of way on which that sign is located. Councilman Harris moved to open the Public Hearing and Councilman Poole seconded the motion which carried with all members voting Aye. There was no discussion regarding this annexation. Councilman Harris moved to close the Public Hearing and Councilman Poole seconded the motion which carried with all members voting Aye. 3. PUBLIC HEARING ON APPLICATION OF INTERNATIONAL BUSINESS MACHINES FOR A CHANGE OF ZONING ON THREE (3) TRACTS OF LAND PRESENTLY ZONED AGRICULTURAL AND INDUSTRIAL, SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A BUSINESS PARK ZONING CLASSIFICATION SOUTH OF AND ADJACENT TO STATE HIGHWAY 121 Mayor Amick explained that this was part of an agreement with IBM in which they (IBM) agreed to pay for the portion of Plano Parkway which runs through their property. Councilman Spears moved to open the Public Hearing and Councilman Harris seconded the motion which carried with all members voting Aye. Mr. Dick Weaver asked if the grading being done on that property is Plano Parkway and the Mayor Amick stated it is. Councilman Poole stated that the Mayor's statement regarding the zoning being part of the agreement is incorrect, stating that would have been illegal. Councilman Poole said the agreement had to do with frontage~ Mayor Amick stated that did stand corrected. There was no further discussion. Councilman Bradley moved to close the Public Hearing and Councilman Poole seconded the motion which carried with all members voting Aye. Ms. Dannette Poole asked if this property was all IBM and if there was a site plan the public could review. The Mayor said it is all IBM and there is no site plan at this time. 4. PUBLIC HEARING ON APPLICATION OF FIGANO'S RESTAURANT AND CLUB FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED SHOPPING CENTER, SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE CLASSIFICATION FOR THE SALE OF LIQUOR, BEER AND WINE FOR ON- PREMISE CONSUMPTION: 6700 NORTH MAIN STREET, SUITE 126 Mayor Amick stated that this item had been continued by P & Z and therefore he recommended the Council do the same. Councilman Spears moved to open the Public Hearing and Councilman Harris seconded the motion which carried with all members voting Aye. Councilman Glazener moved to continue the Public Hearing until the next Council meeting and Councilman Bradley seconded the motion which carried with all members voting Aye. 7. CONSIDERATION OF APPROVAL OF SITE PLAN FOR JIFFY LUBE TO BE LOCATED ON MAIN STREET JUST SOUTH OF SOUTH COLONY BLVD. Bob Van Til, Administrative Staff Planner presented a site plan to Council and introduced Mr. Ellis with Jiffy Lube to answer questions of the Council. Mr. Ellis stated that this had gone to P & Z and they have met all the recommended changes. Mayor Amick asked how the oil would be disposed. Mr. Ellis said it would be stored in a tank and then hauled off to a proper disposal site. Councilman Bradley asked if the car wash would be open to the public and Mr. Ellis said it would. Mayor Amick asked about other locations and Mr. Ellis said the latest one is at 407 McGee in Lewisville, showing Council pictures of that one and one in Plano. Councilman Bradley asked if this would be a State Inspection Station; Mr. Ellis replied it would. Mayor Amick asked if the P & Z recommended to approve and Mr. Van Til stated they did. Mayor Amick asked about the drainage and sidewalk and Mr. Bob Fiumara, P & Z chairman said they all met standards. Councilman Bradley asked if this would hamper the existing carwash. Mayor Amick said it is not the Council's business to protect one business over another. Ken Wood 5000 N. Colony asked where the oil would be stored. The Mayor and Mr. Ellis said it would be stored either in a basement or underground and then hauled out. Mr. Ellis said the correct name will be "The Indy Pit Stop". Councilman Glazener moved to approve the site plan as presented and Councilman Poole seconded the motion which carried with a unanimous roll call vote. 8. CONSENT AGENDA Mayor Amick summarized the items on the Consent Agenda, noting that item 8C had been pulled and addressed earlier in the meeting. A. CONSIDERATION OF THE APPROVAL OF THE MINUTES OF THE CITY COUNCIL MEETINGS HELD ON AUGUST 10, 13 AND 17, 1987 Councilman Bradley moved to approve the minutes as written, and Councilman Robinson seconded the motion. Councilman Spears and Councilman Poole both abstained from voting on the minutes of August 13, 1987 due to their absence. The motion then carried approving all minutes as written with a unanimous roll call vote. B. CONSIDERATION OF AN ORDINANCE GRANTING BUSINESS PARK ZONING CLASSIFICATION ON PROPERTY PRESENTLY ZONED AGRICULTURAL AND INDUSTRIAL AS REQUESTED BY INTERNATIONAL BUSINESS MACHINES Councilman Bradley moved to approve the ordinance as written and Councilman Robinson seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES BY AMENDING SECTION 4-66 RELATING TO PERMIT FEES Mr. Hall explained this established that the fees would be non-refundable. Councilman Bradley moved to approve the ordinance as written and Councilman Robinson seconded the motion which carried with a unanimous roll call vote. E. CONSIDERATION OF AUTHORIZING A SYSTEM FUND TRANSFER TO DEBT SERVICE Mr. Hall stated that this is to retire debts. Councilman Bradley moved to approve the transfer as recommended and Councilman Robinson seconded the motion which carried with a unanimous roll call vote. F. CONSIDERATION OF RATIFICATION OF TRANSFER OF FUNDS FROM THE UTILITY FUND TO THE GENERAL FUND OF THE CITY OF EASTVALE Mr. Hall stated that the General Fund was short and the Utility Fund had an excess of $18,000.00 so this transfer is necessary to pay outstanding bills. Councilman Bradley moved to approve the transfer as recommended and Councilman Robinson seconded the motion which carried with a unanimous roll call vote. 9. CONSIDERATION OF AUTHORIZING CITY MANAGER TO ENTER INTO A CONTRACT WITH AUSTIN PAVING COMPANY FOR THE CONSTRUCTION OF PLANO PARKWAY - SECTION IV, THROUGH THE IBM TRACT Councilman Robinson moved to approve the authorization and Councilman Bradley seconded the motion. Mr. Ken Wood asked when we would be driving on Plano Parkway and Mr. Hall said the contractor said the project would be complete by the end of October 1987. The motion then carried with a unanimous roll call vote. 10. RECEIVE PRESENTATION FROM THE DIRECTOR OF LIBRARY SERVICES REGARDING AN AUTOMATED CIRCULATION SYSTEM Joan Sveinsson, Director of Library Services referenced her memo in the Council packet stating that the Library had received $32,340. from Denton County and the system estimated minimum cost is $30,727. Mayor Amick asked if all the money is County funding and Ms. Sveinsson said it is and that we have received it. Mayor Amick asked why the Library needed such a system. Ms. Sveinsson said presently they Library uses the old hand stamped method on all books and cards and that system will allow bar coding on all books and cards. Councilman Harris asked if the price includes coding all books and all cards and Ms. Sveinsson stated it does. Councilman Spears asked if she had seen this system in operation and Ms. Sveinsson said she had not but has seen a similar one and that she has a sampler diskette of this one. Mayor Amick asked if she wants a consensus to go out to bid and Ms. Sveinsson said yes. Mr. Ken Wood said this system would be worthwhile, stating that he uses the library and has seen the clerks working. Mayor Amick asked for objections, there were none, the Mayor did asked for on- going costs of the system and Councilman Harris said to be sure the system chosen is tried and true. There was a consensus to go out to bid for the Automated Circulation System. EMERGENCY AGENDA ITEM 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2G, REGARDING PERSONNEL, TO-WIT: A. 1987-88 MUNICIPAL BUDGET After reconvening in open session, with no business to address in regard to the Closed Door Session, Councilman Bradley moved to adjourn the meeting and Councilman Robinson seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 10:30 p.m. APPROVED: Don ~miCk, Mayor ATTEST: ~_'~-A. Hicks, Secretary .~z~~ 0~'' 'T'/<' ~-''''~ ':' City # '".-'" >o \~