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HomeMy WebLinkAbout03/21/1988 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON MARCH 21, 1988 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. on the 21st day of March, 1988 at City Hall, with the following Council roll call: Don Amick, Mayor Present Rick Harris,Mayor Pro-tem P~csent Johnny Spears,Councilman Present Michael Robinson,Councilman Present Steve Glazener,Councilman Absent Harvey Bradley,Councilman Absent Marlene Poole,Councilman Present and with ~ve members present a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE Mayor Amick led the audience and the Council in the Pledge of Allegiance to the flag of the United States of America. 2. CITIZEN INPUT There was no one signed up for Citizen Input at this meeting. 3. PUBLIC HEARING REGARDING THE ANNEXATION OF THE BELOW DESCRIBED PROPERTY: A TRACT OF LAND APPROXIMATELY 33.6 ACRES IN SIZE, GENERALLY LOCATED IN THE SOUTHERN PORTION OF THE CITY, BOUNDED ON THE NORTH AND WEST BY THE EXISTING CITY LIMITS OF THE CITY OF THE COLONY, ON THE SOUTH BY THE CITY OF HEBRON, AND ON THE EAST BY THE ST. LOUIS AND SAN FRANCISCO RAILROAD Councilman Spears then moved to open the Public Hearing and Councilman Poole seconded the motion, which carried with all members voting Aye. There was no one present to speak at this hearing. Councilman Harris then moved to close the Public Hearing and Councilman Poole seconded the motion, which carried with all members voting Aye. 4. PUBLIC HEARING REGARDING THE ANNEXATION OF THE BELOW DESCRIBED PROPERTY: A TRACT OF LAND APPROXIMATELY 200 FEET WIDE BY 5576 FEET LONG, GENERALLY LOCATED IN THE SOUTHWEST PORTION OF THE CITY, BOUNDED ON THE WEST BY THE CITY LIMITS OF THE CITY OF LEWISVILLE, AND ON THE NORTH, EAST AND SOUTH BY THE EXISTING CITY LIMITS OF THE COLONY. Councilman Robinson moved to open the public hearing and Councilman Spears seconded the motion which carried with all members voting Aye. There was no one present to speak at the hearing. Councilman Harris moved to close the public hearing and Councilman Spears seconded the motion which carried with all members voting Aye. 5. PUBLIC HEARING ON APPLICATION OF REDWOOD DEVELOPMENT TO CHANGE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY SO AS TO GIVE PROPERTY, DESCRIBED BELOW, PRESENTLY ZONED AS AGRICULTURAL, A SINGLE FAMILY 4 (SF-4) AND SHOPPING CENTER DISTRICT CLASSIFICATION: WYNNEWOOD PENINSULA, 1 MILE WEST OF FM 423 AND SOUTH OF BOYD ROAD 00293 Councilman Harris moved to open this Public Hearing which had been continued from the February 15, 1988 Council meeting and Councilman Spears seconded the motion, which carried with all members voting Aye. The first person to speak was Donald Curtis, 80 Windjammer, Wynnewood Haven Estates. Mr. Curtis said he was speaking on behalf of the Wynnewood Haven Homeowners Association because Pete Greet, the association president could not be present. Mr. Curtis said the association requests that the zoning not be approved as presented because it is not the most suitable plan for The Colony and cited the fo]lowing reasons: A. Road construction from the development to FM 423 on Boyd Road with be at the expense of The Colony or Denton County because Redwood will only pay for the portion that runs in front of their property. B. Can The Colony wastewater system handle 490 more homes? He said he understood it has overflowed several times. C. Ecology - The Colony has not treated the problem of "natural habitat" and the association wants an impact study done. D. Lot size is too small E. Percentage of 1500 square foot homes should be 10% not 15%. F. There needs to be a place for The Colony residents to move up to Mr. Curtis also mentioned fire and ambulance service as well as traffic as reasons for not approving the request. He said the run-off from the streets will harm the water supply in Wynnewood Have Estates and that construction will be messy. Mr. Curtis said that Redwood has stated they do not want to develop the property themselves and who will police and control builders when Redwood is gone. Mr. Art Anderson, 6400 First Republic Bank Building, representing Redwood then addressed the Council, stating that this is the 8th meeting in 5 months on this request and that he feels they have been well spent, going on to say that the developers have attempted to respond to all the concerns. Mr Anderson said that the Nichols Trust is the owner of the property and that Redwood Properties is the development partner and that this is not speculative. He said Redwood is here for the long haul and that it is not a flip and run situation. Mr. Anderson then said that with regard to the zoning approval, certain truths are evident... Because this property is far away from The Colony proper, the start up costs are' significant and some of that will be the developer's cost. Mr. Anderson said that when the City annexed this property is 1984, the City took the responsibility to help provide services to the peninsula. Mr. Anderson said the Deed Restrictions address the concerns named as follows: 1) Dwelling Size, 2) Off-site Improvements - As the development proceeds on the peninsula, Boyd Road will have to be improved, but he does not feel this individual case warrants those improvements. Mr. Anderson said that development of the peninsula is on-going and there will be other opportunities for The Colony to see that the road is approved. He then read the Off-site Deed Restrictions as follows: A. Prior to the issuance of a certificate of occupancy for a structure on the Property, the owner of the Property must provide the design and engineering plans for, and construct or cause to be constructed, a northbound left-hand turn lane from FM 423 to Boyd Road. B. At the time of plat approval, the owner of the Property must dedicate sufficient right-of-way on the Property to ensure that at least forty (40) feet of street right-of-way and additional utility easements as required by the City is available south of the exiSting centerline of Boyd Road. C. At the time of plat approval, the owner of the Property - must escrow a total sum of $150,000.00 with the City which is equivalent to the owner's approximat'~ pro rata share of the cost to construct one-half of a 44 foot street along the Property's frontage on Boyd Road in lieu of said construction or assessment. If Boyd Road is constructed to four (4) lane standards and the actual pro rata share of the owner's cost to construct one-half of Boyd Road adjacent to the property exceeds $150,000.00, the owner must pay the difference between the actual cost and $150,000.00. The City shall use best efforts to improve or cause the County of Denton to improve Boyd Road from the Property to FM 423. D. Prior to the issuance of a certificate of occupancy for a structure on the Property, the owner of the Property must provide the design and engineering plans for, and construct or cause to be constructed, a westbound left-hand turn lane from Boyd Road to the Property, subject to approval of the County of Denton. 3) On-Site Improvements - Regardless of the zoning, it will cost the developer mi]lions of dollars to provide utilities, the City requires us to do so and we will. The developer does ask that if there are ways to cooperate with the City to cut down the costs, red tape and time, the City will do so. Mr. Anderson then reiterated that 3 1/2 acre site is set aside for a Fire Station. He said that the developer shares the City's concern for a quality development and that they have more at stake than anyone on the Peninsula, stating that the Nichols own the property and are willing to spend the money to improve the area and that they respectfully request approval of the zoning with deed restrictions, submitted voluntarily by the developer. Councilman Spears said his major concern is the cost to the city for this type of development. He went on to say that according to a report, in 5 years the area will be 25% developed and will bring in $75,000 in tax revenues and when fully developed, $300,000 in tax revenues, with a 7% increase in population. Councilman Spears said this will help defray the costs and that less density would not increase revenues as much. Mayor Amick said that he has heard that large estate homes to not bring in as much tax money as higher density homes. Councilman Spears asked how this would impact our Recreation Center, stating it is already overloaded, and noted that police protection is based on per capita not acreage. Councilman Spears did respond to Mr. Curtis comment regarding the sewer, stating that our system is not near Capacity and has never overflowed. Councilman Poole asked Councilman Spears if he was advocating no growth just because the Recreation Center is overcrowded. Councilman Spears said nos but he does not want growth to cost the City money. Councilman Poole then stated that every zoning case costs the City money and that the services are factored into the budget, going on to say that is part of being a city, to provide services. Mayor Amick then said that he felt fire and ambulance questions were addressed.previously as well as the Boyd Road problems, stating that if people move there then they will have to be aware of those problems and that if the developer sees he can't market his property without improving the road then he will do something about it. The Mayor said if we want to grow as a city, then we have to decide if we want to county the costs and move forward or if we want to adopt an isolationist type policy and let other cities continue to grow around us. Mayor Amick did say he wanted some questions answered: He asked Tommy Turner about the capacity of the wastewater system. Mr. Turner said there would be no problem with adding the development and that there had never been an overflow. Mayor Amick then asked if anyone knew if an environmental impact study is required. Mr. Anderson said he understands that type of study is only required in wetlands areas or if you are filling a flood plain, then you need FEMA approval. Mr. Curtis said that whether required or not it should be done because there are varieties of wildlife which will be endangered due to this development, ie. red fox, blue herons, and egrets. Mr. Anderson stated that this is developed farmland, not a natural habitat. Mayor Amick asked if the development of Wynnewood Haven Estates would not have affected the wildlife also? Mr. Dick Weaver asked about the amount of money this will cost the city and if a study had been done to determine how much money the road will cost the city. Bill Hall said that only a small portion of the road is in The Colony and Redwood is putting up $150,000 or more if necessary, and the rest of the road is in Denton County and Frisco. Mayor Amick said he understood there were some septic tank overflow problems in Wynnewood Haven Estates. Mr. Curtis said he was not aware of any problems. Another citizen of Wynnewood Haven said he just built a home last year and if there had been a problem, he was sure the Corps of Engineers would not have allowed him to do so. Councilman Spears asked how this would benefit the City and Councilman Poole responded by stating that it will give another option to the home buyers, besides F & J, that she believes it is an upgrade and an opportunity to break out of the mold, going on to say that people want large stores and restaurants here and until our numbers are increase we will not have them. There followed a brief discussion on what is needed to bring businesses, restaurants, etc. to the City. Mayor Amick said that providing utilities to that area will definitely be a plus and if we are not going to develop the land then we should disannex and let Frisco develop it. Councilman Poole said that 6 years ago the Council said we must define our boundaries and one thing considered was not being known as a bedroom community, stating we fought hard to get this particular property and she does not want to see it given away. Councilman Spears said he is not against development, he just is not sure this is the right one. Mayor Amick said the 205 acre development fell through because the developer cannot afford to put in what the city requires, stating that a developer must be able to recoup their cost to be able to continue. Councilman Harris said he is satisfied with the developer's commitment regarding Boyd Road and that 8 minute response time would 'have been a blessing to the earlier citizens of The Colony, and as for density, the developer must use high density to be able to afford to put utilities to the area and if the market will not sell 1500 square foot homes then 00293o they will build larger. Councilman Harris did have two questions, 1) Could the 3 1/2 acre site for a fire station be divided and one half used for the station and another location (one-half) for a park. Councilman Poole agreed. 2) Wastewater - prefer the line to go under the lake and if not approved then go for a package plant, stating he understands both permits can be applied for at the same time. Mr. Curtis asked if the traffic impact question had been satisfied. Mayor Amick, Councilmen Spears and Harris said it had been in their minds. Mr. Anderson said in regard to the 3 1/2 acre site, the split would be agreeable for a fire station and park site. Mr. Anderson said their first plan called for the line to go under the lake and that is what they will work toward, with the City's help. Councilman Harris asked if the package plant had to be put in, if the developer will donate the land. Mr. Anderson said they would. Ken Wood said the developer should make the streets wider than those presently in The Colony. Joel Marks said they should be sure the drainage is proper. Councilman Harris moved to close the public hearing and Councilman Poole seconded the motion which carried with all members voting Aye. 6. CONSIDERATION OF AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY BE GRANTING AND APPROVING A ZONING CHANGE FOR BELOW DESCRIBED PROPERTY, CURRENTLY ZONED AGRICULTURAL, TO A SINGLE FAMILY 4 AND SHOPPING CENTER CLASSIFICATION: WYNNEWOOD PENINSULA, 1 MILE WEST OF FM 423 AND SOUTH OF BOYD ROAD Mayor Amick read the caption of the Ordinance as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS BY AMENDING APPENDIX A-ZONING BY GRANTING A ZONING CHANGE ON A TRACT OF LAND LOCATED WITHIN THE CITY OF THE COLONY, TEXAS AND MORE FULLY DESCRIBED HEREIN; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM AGRICULTURAL TO SINGLE FAMILY 4 (SF-4) AND SHOPPING CENTER; REQUIRING DEVELOPMENT OF THE TRACTS TO BE IN ACCORDANCE WITH ALL RELEVANT REGULATIONS, CODES AND ORDINANCES OF THE CITY, AND VOLUNTARY DEED RESTRICTIONS ATTACHED AS EXHIBIT "B"; CORRECTING THE OFFICIAL ZONING MAP; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGE AND AMENDMENT HEREIN MADE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. Councilman Harris moved to approve the Ordinance with additions to the Deed Restrictions regarding the utilities being brought to the site by the developer and the city's recommendation regarding the method. Councilman Poole seconded the motion which carried with the fo]lowing vote: Harris - Aye, Spears - No, Robinson - Aye, Poole - Aye, Amick - Aye 7. CONSENT AGENDA Mayor Amick summarized the items on the consent Agenda. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD ON FEBRUARY 29, MARCH 7 AND 14, 1988. Councilman Spears abstained from the March 14 minutes. Councilman Harris moved to approve the minutes and Councilman Spears seconded the motion, which carried with a unanimous roll call vote. B. CONSIDERATION OF AN ORDINANCE AMENDING SECTIONS 1, 2, AND 5, AND DELETING SECTION 7, OF CHAPTER 9 OF THE CODE OF ORDINANCES. Mr. Bill Hall said basically this ordinance is adopting the 1985 Uniform Fire Code. Councilman Harris moved to approve the ordinance and Councilman Spears seconded the motion, which carried with a unanimous roll call vote. C. CONSIDERATION OF THE ADOPTION OF THE WASTEWATER MASTER PLAN Councilman Harris moved to approve the plan as presented and Councilman Spears seconded the motion, which carried with a unanimous roll call vote. D. CONSIDERATION OF THE AUTHORIZATION OF FUNDS TO CREATE TWO POCKET PARKS ON WILCOX DRIVE AND IN THE EASTVALE ADDITION Sylvia Brantley pointed out the two proposed park areas on a map for Council, one on Wilcox and one across from Fire Station 3 on Lake Highlands, stating that there was a lack of pocket parks in those areas and felt these would be good locations. Ms. Brantley said they will both need a little work. Mayor Amick asked if the P & R Board had approved these, and Ms. Brantley said they were in favor and that there are funds available to do the work. Ms. Brantley said that there had been some savings from the allotted $10,000 per park in the amount of $7800.00 and feels both parks can be developed for that amount. Mayor Amick said he is very much in favor of the parks but he wants the P & R Board to provide a plan and projected expenditures for the Council to review before approving. Councilman Harris asked if there was water. Tommy Turner said there is on the Lake Highlands park. Councilman Harris moved to table this item until the P & R Board brings back a recommendation and Councilman Poole seconded the motion, which carried with a unanimous roll call vote. E. CONSIDERATION OF A RESOLUTION AMENDING EXISTING GUIDELINES FOR THE PREPARATION OF THE COUNCIL AGENDA Mayor Amick explained the intent of this item is to provide a practice to review certain ordinances twice before acting on them. The Mayor said that in the 1981 Charter Revision the provision requiring two to three readings of ordinances was deleted and that he feels there are some ordinances which should be discussed in one meeting and then acted upon in the next, giving more time for public input and Council review. Mayor Amick did say there may be some emergency situations arise in which the Council may act the first time, by a majority vote of the Council Councilman Poole moved to approve the minutes and Councilman Robinson seconded the motion, which carried with a unanimous roll call vote. Mayor Amick at this time, called a 5 minute recess. Upon reconvening the Council addressed the following: 00293 8. RECEIVE PRESENTATION FROM FIRST MUNICIPAL LEASING CORPORATION REGARDING A GOLF COURSE ON WYNNEWOOD PARK Mr. Don Barnett, National Marketing Manager, for First Golf Association, stated his company assists local governments in building public golf facilities and then proceed to tell the Council how they could help The Colony with financing, and construction of a Public Golf Course. He passed out brochures and introduced Wally Gunderson and John Laury of his company. Mr. Barnett said the City has an excellent piece of land for a golf course, stating that his company does not build country clubs, but courses where average taxpayers can afford to play golf. Mr. Barnett explained how the plan works, stating the City would be the owner of the golf course at the end of construction, and that it would enhance the quality of life in The Colony. Mr. Barnett went on to say that they believe internally generated golf revenues will cover debt service, operation and maintenance of the course and that it will stimulate other development in The Colony. There followed a lengthy discussion regarding the method of financing, number of holes to be built, type of club house, maintenance, etc. Mayor Amick said he would put this into committee for further study and appointed Councilmen Harris and Spears to this committee. Mr. Barnett said the correct name is First Golf Corporation, not First Municipal Leasing Corporation. 9. RECEIVE PRESENTATION FROM NORTH TEXAS REPEATER NETWORK FOR AN EMERGENCY RADIO SYSTEM Arley Golden, 4417 Hale, representing the North Texas Repeater Network, requested a repeater tower location in the City to augment the City emergency radio system in bad weather and other emergency situations. Mr. Golden said there are about 20 amateur radio operators in The Colony and that this system will not interfere with the City system, and if it does, they will shut down their system. Mr. Gold said there due to the phone situation there has to be a repeater in the City to utilize the phone patch. There was a general discussion regarding interference, various frequencies, VHF, etc. Councilman Harris said he had no problem as long as they agree to shut down if they interfere with other systems. Joel Marks asked about liability if someone is hurt working on the antenna, which will be located on the N. Colony water tower. Mr. Golden said the organization has liability insurance. Councilman Harris said this is a standard procedures in most cites. Mayor Amick instructed the City Manager to bring this back for action on the next council agenda in the form of a Resolution. Mayor Amick said the next two items were for discussion only and he recommended postponing them to the next regular meeting due to the late hour. Council had no objection. Items are as follows: 10. DISCUSS AND REVIEW OF THE MASTER PLAN 11. DISCUSS AND REVIEW OF AMENDMENTS TO THE ENGINEERING DESIGN MANUAL 12. CITY MANAGER'S REPORT Mr. Hall addressed the 976 phone call issue, stating that there had been a public notice in the paper advising customers they could have these calls restricted and when The Colony residents attempted to do so, they were told that restriction was not available to The Colony at this time. Mr. Hall said that in an effort to clarify this issue he and Ms. Hicks had called the phone company on the same day and .002[)3 were told they could have the restriction and it would be effective March 16, 1988 and then he had received a call from the phone company on March 14 stating that service is not available after all. Mr. Hall said he called J.B. King in the McKinney office who was not aware of all the confusion and after checking on it, said the service is indeed not available to The Colony as yet, but they are working on a way to make it available and that he would see that another public notice is put in the local papers. Mr. Hall said Plane Parkway may be open April 15, 1988. Councilman Peele then moved to adjourn the meeting and Councilman Harris seconded the motion, which carried with all members voting Aye. Mayor Amick adjourned the meeting at 10:10 p.m. APPROVED: Don~Amick, MaCoCr . ,T ATTEST: Patti A. Hicks, City Secretary [SEAL]