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HomeMy WebLinkAbout01/25/1988 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON JANUARY 25, 1988 The JOINT WORK SESSION of the City Council and the Planning and Zoning Commission of the City of The Colony, Texas was called to order at 7:30 p.m. on the 25th day of January, 1988 at City Hall with following roll call: CITY COUNCIL: Don Amick, Mayor Present Rick Harris,Mayor Pro-rem Absent Johnny Spears,Councilman Present Michael Robinson,Councilman Present Steve Glazener,Councilman Absent Harvey Bradley,Councilman Present Marlene Poole,Councilman Absent PLANNING AND ZONING: Bob Fiumara, Chairman Present Earl Brantley Present Cathy Bock Present Agnes Foster Present Bill Sharp Present Robert Doss Present Tim Solohubow Absent and with four Council members present and six Commission members present a quorum was established in each and the following items were addressed: Mayor Amick opened the meeting by stating that he had met with the Planning and Zoning Commission recently and there was a need expressed to hold a joint Work Session with the Council. The Mayor stated that he asked Chairman Fiumara to set the agenda and noted that the agenda as listed could be broadened if necessary. At this point Chairman Fiumara addressed the following: 1. DISCUSSION OF MEETING FACILITIES FOR PLANNING AND ZONING Chairman Fiumara stated that when the Commission had met in the old City Hall they always felt it was not a proper meeting facility and had looked forward to using the new building, going on to say that they were told after the new building was opened that P & Z could not use the Council dias for their meetings. Chairman Fiumara stated that the Commission has had to meet in the classroom which is not large enough, that they do not even have name plates for identification and that staff has not been able to locate a proper place for them to meet. The Chairman stated that now, the Library meeting room has been recommended, going on to say that P & Z members pay taxes and that they want a proper place to meet. Member Sharp noted that the manner in which the tables are set up in the classroom makes it difficult for all members to have a full view of the audience. Member Foster stated that the impression of the City should be professional and the manner in which P & Z has to hold their meetings is not. Mr. Bill Hall, City Manager explained that the Library meeting room had been suggested because it is large enough to accommodate 30 to 40 people, the table is large enough to accommodate the entire Commission and felt it would be an appropriate permanent meeting room for P & Z. Member Sharp stated that sometimes there are more than 30 to 40 people present, such as in the case of the 205 acres. Mayor Amick asked if there are times when P & Z conducts Public Hearings and then other times when they hold work sessions. Chairman Fiumara stated that was correct. Mayor 00286, Amick suggested that when P & Z holds a Public Hearing, they could use the Council dias for professional appearances and that when the Commission holds a work session they should continue to meet in the classroom so that there would be room to spread plans out on the table, etc. Member Brantley stated that he felt there should be room in both cases to spread out plans. After a brief discussion both Council and P & Z agreed on the Mayor's suggestion. 2. DISCUSSION OF PACKET PREPARATION FOR PLANNING AND ZONING A. PREPARED IN A TIMELY FASHION B. ALL NECESSARY INFORMATION INCLUDED Chairman Fiumara stated that the Commission wants the packet ready by close of business on the Friday preceding the meeting on Tuesday, going on to say that on several occasions they have requested not to have more than one Public Hearing on the same agenda and that on the agenda for the meeting on January 26, there are two Public Hearings. The Chairman went on to say that staff should check with the Commission before setting the agenda and that sometimes all the necessary information is not included in the packet. Chairman Fiumara gave an example of a case coming up for a full service night club, stating that staff has recommended approval after reviewing the site plan, traffic and parking. The Chairman asked why the Police Department had not checked this business out before it came to P & Z. Mayor Amick asked why the police should do this and the Chairman said to determine the activity by the business. Mayor Amick asked what the police department signing off on this would mean. Chairman Fiumara stated it would mean that the man meets the police department laws. Mayor Amick said that other businesses and stores are not checked out in that manner, but they are just asked about their policies, going on to say P & Z should check these things out not the Police Department, noting that would discriminatory. Chairman Fiumara stated that the check list was not being completed properly and that it should be in order to cut down the time necessary to process a zoning request. Chairman Fiumara cited several examples in which he felt staff has not completely researched information and checked the list. Mayor Amick asked if all the questions were answered by staff then what would be the need for P & Z. Chairman Fiumara stated to catch things that don't get noticed by staff and the engineers. Mayor Amick asked if there was an established check list and the Chairman said the City had paid for one twice. Mr. Hall stated that the first list prepared was a work sheet not a check list, going on to say that staff does have a check list they use. Member Sharp stated that C.O.G. says that P & Z is a work force the City uses to ensure that everything is complete, ie. plans, etc. before being presented to the Council and if staff can get more information together before P & Z reviews it that would result in P & Z being able to make things easier for Council, which would ultimately be easier for staff to handle problems. Councilman Robinson asked to what extent P & Z is to make a decision, for example asking the police department to do an investigation of a particular business. Mayor Amick stated that this type thing is beyond the realm of P & Z going on to say that P & Z should check out 1) traffic, 2) location, 3) occupancy, 4) fire exits, and 5) parking. The Mayor said also that P & Z should asked specific questions regarding the business policies. Mayor Amick then said he does not disagree with the check list, but feels it may be too extensive, going on to say that if staff does too much detailed research and P & Z then feels no.questions are necessary, the City could get caught. Chairman Fiumara said the zoning applications are not always complete and the basic check list is not being done. Councilman Spears stated there seems to be some animosity and if there is no reason why the check list should not be used then if there is a r~commended form to use it. Member Bock said that Bob van Til had told them there was a list that Department Heads check off on but they have not seen it is writing, they only get the information verbally. Mayor Amick said there needs to be a clear understanding of what the check list is and what it is to be used for. Councilman Spears said to quit haggling over past issues and move forward, stating perhaps the Council has never met with P & Z and given them direction. Mayor Amick stated that really the Council can't do that because P & Z is bound by the Zoning Ordinance. There followed a lengthy discussion regarding how much information was necessary to make a valid, sound decision. Mayor Amick stated that P & Z should draw up a list and go with it. Member Brantley asked if the Council sees pertinent minutes regarding special issues from P & Z meetings. Mayor Amick said he feels they should not see the minutes to make a decision, going on to say that it should come to Council as new information. Member Brantley asked if a development comes in and meets all the requirements, but P & Z sees a way to enhance the City, could that be requested by P & Z. Mayor Amick stated they could recommend those changes and that they should. Chairman Fiumara stated that P & Z approved a preliminary plat some time ago, final plat is now before them, and staff advises it falls under the new rules. The Chairman said he asked staff to check with the attorney to see which rules apply. Mayor Amick stated that if the preliminary plat was approved under the old rules by Council then it is grandfathered. Chairman Fiumara agreed, but said that staff disagreed and had put in some changes, ie. 17' alley instead of 15'and drainage. Mr. Hall said that change regarding drainage had not come from F & J but from the engineer because the past criteria was not adequate and the engineer was asked to re vamp the plans. Mr. Hall went on to say that even though it was approved 14 months ago, it would cost the city more in the long run, stating he had spoken with Joe Luciani and Bill Allen of F & J and they both agreed with the changes in drainage. Mr. Hall said the 17' alley request is a mistake. Mr. Hall went on to explain the drainage problems in that area. There was a lengthy discussion regarding this plat. (Northpointe) Chairman Fiumara said not only in the case of Northpointe but anytime something is approved under the old rules can the City then asked the developer to come up to the new standards. Mayor Amick said he was anticipating a legal question and he should not do that. There was a lengthy discussion regarding the Northpointe development and its progress, with Member Bock stating they had been delayed for 3 months. Mr. Hall said F & J was asked not move dirt until the drainage plans were in. Member Bock said F & J was calling P & Z members because they could not get the answers from staff. Mayor Amick said P & Z should advise developers to call the Council or Mayor and then they would contact the City Manager regarding such problems. Mayor Amick summarized by saying that a check list should be drawn up , the packets should prepared completely and in a timely fashion. Member Brantley again asked how P & Z can bring up bettering the City to a developer, ie., the northern development needs a better roadway than the engineers call for. Mayor AMick said it can be brought up in the meeting and then if it meets a dead-end, send it to Council as a requirement to get Council approval. There followed a lengthy discussion on how P & Z can negotiate with developers to enhance beauty and quality of life in the City. Member Brantley said if we had a Master Plan it would b helpful. Chairman Fiumara asked if Council and P & Z could meet and go over the current Master Plan and Thorough Plan to set some 5 - 10 year goals. All agreed and scheduled another meeting February 8, 1988 for Council and P & Z. Mayor Amick instructed Mr. Hall to bring the Master Plan to the January 30, 1988 retreat to review. Chairman Fiumara asked for guidance from Council regarding what is wanted in the City with regard to apartments. Mayor Amick said the feeling has always been that apartments will be south of 121. Chairman Fiumara then said that there some things on the books (Code) that should be reviewed and removed, ie. duplexes, 1500 square feet minimum. Councilman Spears and the Mayor both agreed these should be reviewed. There was a discussion regarding limiting liquor stores or any other business in the City. Mayor Amick stated it is not right for a governmental body to restrict any particular business. 3. DISCUSSION OF THE USE OF MORE WORK SESSION OR PRE- APPLICATION MEETINGS FOR PLANNING AND ZONING TO REVIEW PLANS Chairman Fiumara said that P & Z has found that holding a work session with developers before hand can be very beneficial, stating that recently a developer came in to a work session and stated that a Councilmember had seen the plans and had stated they would be O.K., going on to say that should not happen. Mayor Amick said perhaps the developer was just trying to put something over on P & Z and cautioned that elected officials should not review plans with a developer and give any approval, but should remind the developer that he/she is only one vote, going on to say that then the information should be passed on to P & Z. Chairman Fiumara said he feels P & Z should meet with Council before the case comes up for consideration. Member Foster asked what the Council liaison is for. Mayor Amick said that he feels the pre-application work sessions are for P & Z and stated there are certain steps to be taken to process a case, going on to say that if the Council is at the P & Z work sessions then why have a P & Z Commission. Councilman Bradley agreed, stating that C.O.G. says Council should not even see cases before they come to the for final approval with recommendation from P & Z. Mayor Amick said the Liaison should attend the P & Z meetings by invitation only and not to address a specific agenda item, going on to say the problems such as the check list should have taken to Councilman Bradley. Member Sharp said the liaison should attend every meeting in audience so he can relate to Council what can't be recorded on tape or in the minutes. Mayor Amick said those things should be brought to Council by P & Z. At this time, the Mayor called a brief recess. 4. DISCUSS ROLE OF LIAISONS: A. COUNCIL Mayor Amick stated this had been covered earlier in agenda item No. 3. B. STAFF PLANNER 00286z of Denton~C~ntral Appraisal District. ~, PASSED AND ADOPTED this 18th , day of January , 1988. Don Amick, Mayor ATTEST: Patti A. Hicks, City Secretary Councilman Harris moved to approve the Resolution as written and Councilman Robinson seconded the motion which carried with a unanimous roll call vote. 8. CONSIDERATION OF AN AGREEMENT WITH COLLIN COUNTY TO EMPLOY CONSULTANTS TO ASSIST IN THE RIGHT-OF-WAY ACQUISITION FOR CONSTRUCTION OF IMPROVEMENTS TO STATE HIGHWAY 121 Mr. Bill Hall stated this item had been discussed at the Work Session on January 11 and explained that the purpose of the agreement is to hire consultants to expedite the process of right-of-way acquisition along 121, going on to say that several cities have entered into the agreement. Mr. Hall said that The Colony's portion will $600.00. Councilman Poole moved to approve the agreement and Councilman Spears seconded the motion. Councilman Poole pointed out that Collin County has spear headed the efforts on 121 improvements. Mayor Amick commended Collin County for their efforts. The motion carried with a unanimous roll call vote. With no further business to address, Councilman Harris moved to adjourn and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. Mayor Amick adjourned the meeting at 8:30 p.m. APPROVED: i /1 Doh~-Am-ick, M~br' '- f ATTEST: Patti~A.. Hicks, City Secretary [SEAL]