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HomeMy WebLinkAbout11/20/1989 City Council 0034:1._ _._ MINUTES OF THE COUNCIL MEETING HELD ON NOVEMBER 20, 1989 The Special Session of the City Council of the City of The Colony, Texas was called to order at 6 : 30 p.m. on the 20th day of November, 1989 at City Hall with the following Council roll call : Don Amick, Mayor Present Rick Harris, Mayor Pro-tem Present Steve Withers, Councilman Present Mike Alianell , Councilman Present Steve Glazener, Councilman Present Dick Weaver, Councilman Present Joel Marks , Councilman Present and with seven present , a quorum was established and the following items were addressed: 1 . PUBLIC HEARING REGARDING THE ANNEXATION OF APPROXIMATELY 187.66 ACRES, GENERALLY LOCATED IN THE NORTHWEST PORTION OF THE CITY, OWNED BY THE NICHOLS TRUST , AND ADJACENT TO PREVIOUSLY ANNEXED PROPERTY, ALSO OWNED BY THE NICHOLS TRUST (THIS TRACT WAS ADVERTISED AS TWO TRACTS CONTAINING 93 AND 97 . 66 ACRES OF LAND BUT WILL BE ADDRESSED IN ONE PUBLIC HEARING. ) Councilman Harris moved to open the public hearing and Councilman Marks seconded the motion which carried with all members voting Aye. There was no discussion. Councilman Harris moved to close the public hearing and Councilman Alianell seconded the motion which carried with a unanimous roll call vote. 2 . PUBLIC HEARING REGARDING THE ANNEXATION OF APPROXIMATELY 97. 25 ACRES, GENERALLY LOCATED IN THE NORTHWEST PORTION OF THE CITY, OWNED BY ROBERT STRIEF Councilman Harris moved to open the public hearing and Councilman Marks seconded the motion which carried with all members voting Aye. Councilman Marks stated this property is to be included in the same development as the golf course being developed by CCA. There was no further discussion. Councilman Harris moved to close the public hearing and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. 3 . PUBLIC HEARING REGARDING THE ANNEXATION OF APPROXIMATELY 182.79 ACRES, GENERALLY LOCATED IN THE NORTHWEST PORTION OF THE CITY, OWNED BY ROBERT STRIEF Councilman Harris moved to open the public hearing and Councilman Alianell seconded the motion which carried with all members voting Aye. Mr. Hall explained that two separate public 00341 hearings are necessary because the two tracts are not contiguous . There was no further discussion. Councilman Harris moved to close the public hearing and Councilman Alianell seconded the motion which carried with a unanimous roll call vote. i With no further business to address Councilman Harris moved to adjourn the meeting and Councilman Alianell seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 6 :38 p.m. APPROVED: Don Amick, Mayor ATTEST: 4 . *-1,4:JA. Patti A. Hicks, City Secretary [SEAL] 0ID34.1. MINUTES OF THE CITY COUNCIL MEETING HELD ON NOVEMBER 20, 1989 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 20th day of November, 1989 at City Hall with the following Council roll call : Don Amick, Mayor Present Rick Harris , Mayor Pro-tem Present Steve Withers, Councilman Present Mike Alianell , Councilman Present Steve Glazener, Councilman Present Dick Weaver, Councilman Present Joel Marks, Councilman Present and with seven present , a quorum was established and the following items were addressed: PRE-COUNCIL WORK SESSION 1. DISCUSSION OF REGULAR AGENDA ITEMS Councilman Marks asked about the plans for servicing the Nichols property with utilities. Mr. Hall explained that the plans are the same as two years ago, but downsized. Mr . Hall explained that item 8 on the Regular Agenda is a joint Public Hearing with Planning and Zoning (P & Z) and that this is being done so that the golf course development can progress in a timely manner. Mr. Hall stated that the Council has the newly revised Planned Development and that Mr. van Til has been working with Mr . Lynn Meyer , the engineer for the project and that all questions have been answered to his (van Til) satisfactions noting that all requirements and concerns have been met. Mr. Hall went on to say that the Nichols and Strief properties will be handled as one zoning project, stating that traffic is still a concern, but that the traffic study done two years ago for the Nichols property should still be valid, since the plan now is to build less homes on more property. Mr . Hall explained item 9 , stating that the $48 , 000 . 00 allocated by Council a year ago for field and lighting is not sufficient and an additional $ 10 , 000 . 00 in bond funds is necessary, going on to say this will leave $25 ,000 . 00 in the bond funds. Mr. England stated that there is $93 ,000 . 00 left in the fund, but all is allocated except $38 ,355 .00. Mr. Hall stated that the resolution in item 10 expresses our support in the gate rate case between Lone Star Gas and the City of Abilene. Mayor Amick said the city may someday have to decide on obtaining legal counsel , and Councilman Weaver noted we do stand a chance of getting financial reimbursement for future rates. 003410 2. ITEMS OF OTHER INTEREST TO THE COUNCIL REGULAR SESSION AGENDA 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. 2. CITIZEN INPUT Ken Wood , 5000 N. Colony, addressed the Council regarding a previous discussion concerning taping of Closed Door Sessions, asking how items can be discussed in closed door and then placed on the consent agenda for action. Mr. Wood said it seems that some action must have been taken in closed door or the item would have placed on the regular agenda for discussion, asking how a citizen could address such items. Mayor Amick said a citizen can asked a council member to pull items from the consent agenda for discussion. 3 . PRESENTATION OF PLAQUE OF APPRECIATION TO DAVID MARTIN Mayor Amick presented a plaque of appreciation to David Martin for his service to the city by sitting on the Park and Recreation Board. 4. MAYORAL PROCLAMATION RECOGNIZING JAYCEES FAMILY WEEK Mayor Amick read the proclamation in its entirety as follows: WHEREAS, The Colony Jaycees have been a vital part of the development of young leaders for our community for the past eleven years; and WHEREAS, The Colony Jaycees is the oldest community service civic organization in the community; and WHEREAS, this organization of young people has involved the entire family unit as it contributed to the betterment of this community through its involvement in such programs as Dave Cowan Memorial Park, Calls from Santa, numerous charity fundraisings, and the Candidates Night; and WHEREAS, the United States Jaycees and its affiliated state and local organizations have set aside the Thanksgiving week in November to recognize the Jaycee family unit; THEREFORE, I, Don Amick, Mayor of the City of The Colony, do hereby proclaim the week of November 19 - 25 , 1989 , as JAYCEE FAMILY WEEK . . 00841 c and urge all citizens of our community to give full regard to the past and continuing services of The Colony Jaycees and their families. SIGNED AND SEALED this twentieth day of November, in the Year of our Lord nineteen hundred and eight-nine. Don Amick, Mayor ATTEST: Patti A. Hicks, City Secretary Dale Therio , President of the Jaycees accepted the proclamation. 5 . PUBLIC HEARING REGARDING THE ANNEXATION OF APPROXIMATELY 187 . 66 ACRES, GENERALLY LOCATED IN THE NORTHWEST PORTION OF THE CITY , OWNED BY THE NICHOLS TRUST , AND ADJACENT TO PREVIOUSLY ANNEXED PROPERTY, ALSO OWNED BY THE NICHOLS TRUST (THIS TRACT WAS ADVERTISED AS TWO TRACTS CONTAINING 93 AND 97 . 66 ACRES OF LAND BUT WILL BE ADDRESSED IN ONE PUBLIC HEARING. ) Councilman Alianell moved to open the public hearing and Councilman Marks seconded the motion. Ken Wood asked about the traffic stating this looks like a lot of land , and that 423 backs up now, wondering if there are plans to improve roads to handle the traffic flow. Bill Hall said the traffic study done two years ago for Boyd Rd and N. Colony and 423 stated this would only raise the level of traffic a minimal amount, but that it would be re-evaluated and the new impact would be determined. Mr. Hall went on to say that this is a larger are, but there are fewer homes projected , so therefore the impact may not be changed. Councilman Harris stated that 423 will be widened in the near future, the 121 widening is underway and the Josey Lane project is moving ahead. Mr . Wood asked why the Council felt the road proposed by Tomlin Properties will cause traffic problems but the Wynnewood development will not. Mayor Amick said it is a matter of which road is in our city and under our control . Councilman Alianell moved to close the public hearing and Councilman Harris seconded the motion which carried with a unanimous roll call vote. 6 . PUBLIC HEARING REGARDING THE ANNEXATION OF APPROXIMATELY 97.25 ACRES, GENERALLY LOCATED IN THE NORTHWEST PORTION OF THE CITY, OWNED BY ROBERT STRIEF Councilman Alianell moved to open the public hearing and Councilman Marks seconded the motion. Councilman Marks asked where this 97. 25 acres is located as did John Rollins a resident of Bucaneer Point in Frisco. The area was pointed out on a map. Councilman Alianell moved to close the public hearing and Councilman Harris seconded the motion which carried with a unanimous roll call vote. 00341� 7. PUBLIC HEARING REGARDING THE ANNEXATION OF APPROXIMATELY 182 . 79 ACRES, GENERALLY LOCATED IN THE NORTHWEST PORTION OF THE CITY, OWNED BY ROBERT STRIEF Councilman Marks moved to open the public hearing and Councilman Alianell seconded the motion. Councilman Marks said that on the annexation two years Boyd Rd. is located further north than it is on the thoroughfare plan. Mr. Nichols said the road will probably stay in its current location. Councilman Alianell moved to close the public hearing and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. The Council took a brief recess at this time for P & Z members to take their places. The meeting was called back into order and the following members of Planning and Zoning were present: Agnes Foster, Robert Doss, Lewis Jue, Dewayne Snider, Roy Marin and Billy Owens . With a quorum being established, the following item was addressed jointly by Council and P & Z: 8. PUBLIC HEARING TO BE HELD JOINTLY WITH THE PLANNING AND ZONING COMMISSION AS REQUESTED BY THE NICHOLS TRUST AND STRIEF CAPITOL CORPORATION, TO AMEND APPENDIX A-ZONING OF THE CODE OF ORDINANCES, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND THE ZONING MAP OF THE CITY OF THE COLONY, SO AS TO GIVE PROPERTIES DESCRIBED BELOW, CURRENTLY ZONED AS AGRICULTURAL , A PLANNED DEVELOPMENT FOR SF-3 , SF-4, MF-3 , SCHOOL, CHURCH AND RECREATIONAL FACILITIES PROPERTY GENERALLY LOCATED ON WYNNEWOOD PENINSULA AND DESCRIBED AS BEING IN THE BBB AND CCR SURVEY, ABSTRACT 182 , CONTAINING 187 ACRES AND 1282 . 79 ACRES ; AND BEING IN THE THOMPSON D LUCKETT SURVEY , ABSTRACT 752 , CONTAINING 54.3 ACRES AND 42 . 9 ACRES Councilman Harris moved to open the public hearing and Councilman Alianell seconded the motion. Councilman Withers asked if approval from the Corps is necessary and Mr. Hall said yes, however a new lease is not needed, since we currently have a 25 year lease. Mr. Hall went on to say there is a 60 acre out take not in the original lease and we would like to have that included . Councilman Withers also asked for a commitment on timing. Mr. Hall said C.C.A. assures staff there will be plans , in a very short time and that he feels comfortable with that. Councilman Marks asked for an overview of the development. Rusty Nichols said C.C.A. is the master developer and that Nichols Trust and Robert Strief are co-developers, requesting the same P.D. zoning. Mr. Nichols said that their findings lead them to ask for more property to be included in the development, which will better spread out the cost of utilities . Nichols said his 00034 '_%J company has reached an agreement with C.C.A. and that Mr. Strief is not in development today, but is planned to be developed at a later time. C.C.A. will develop a public golf course on Corps property and a private course on the Nichols property, going on, Mr. Nichols said 9 holes will be on Nichols property and 9 holes on Corps, initially. Mr. Nichols said the Corps does not want a club house on their land. Member Foster asked about the new plan presented to them tonight. Mr. Nichols said they would like to include a provision for density transfer , so the building can be flexible as the market dictates , noting it will probably be two years before the first house sells. Mr. Nichols said the density changes would be kept at a staff level unless they are major revisions. Member Foster asked the difference . Mr . Bob van Til said a density transfer would not be major unless the total density of the development changed. Member Doss stated that transferring from SF to Mf would be major and Mr. van Til agreed . Member Owens stated that it is standard procedure if the final plat is different from the preliminary plat as approved, it would come back to P & Z and Council and Mr. van Til said that is correct. Art Anderson stated that SF 3 and 4 are set and there won' t be much variation in them, but they would like some flexibility in the zoning , although they are not talking about a large transfer. Mayor Amick said he is comfortable with that if SF 3 and 4 , but that we may want a limit set on the percentage of homes affected. All agreed. Member Foster asked about the original traffic study on 144 acres and how it applies to this 400 plus acres, stating there needs to be some attention to Boyd Rd. and to who will pay for those improvements. Mr . Nichols said previously there were 1400 units planned and now there are only 1000 units , going on to say his company feels the original study will suffice for this development and perhaps for the 400 units to be built on the Strief land. Member Foster asked when those improvements would be made and Mr . Anderson said that depends on what develops first, stating that if necessary there will be another traffic study done on the Strief property at the time of plat, going on to say that will be a condition of the Planned Development. Member Foster asked when 423 will be widened and Councilman Harris said the contract is to be let next summer. Mayor Amick said there will be a joint work session next Monday , November 27 , 1989 with Council and P & Z to iron out problems on this case. Ken Wood said he is in favor but hates to create more traffic problems and is suspicious of a study paid for by the developer. Mayor Amick said that is a normal practice and the city always reviews the study, noting that this saves tax money. Mr. Wood also asked about deed restrictions and covenants. Mr. Anderson said there will be some filed with the deeds. There followed a general discussion regarding the maximum MF acreage ( 48 acres) , density transfers , etc. Mr Nichols stated the area will be served by gas and electricity. Mr. Hall said 00344,u there is an area set aside for a Fire Station within the development is necessary. There was a brief discussion regarding wastewater treatment. Mayor Amick said any further questions will be addressed at the work session. Councilman Harris asked if the work session will effect the schedule and Patti Hicks stated it would not. Mayor Amick directed the City Secretary to place items on the agenda for action by Council and P & Z. Member Doss moved to table the P & Z recommendation until November 27 , 1989 , Member Foster seconded the motion which carried with all members voting Aye. Councilman Alianell moved to close the public hearing and Councilman Harris seconded the motion which carried with a unanimous roll call vote. 9. CONSIDERATION OF AUTHORIZING AMENDMENT TO PARK BOND FUND ALLOCATION Councilman Harris moved to approve the amendment as recommended and Councilman Glazener seconded the motion. Park and Recreation member , Julia Warren asked for an explanation. Mayor Amick explained that $48 ,000 had been previously allocated for improvement to the athletic field and now it has been determined that an additional $10,000 is needed, noting this is coming from the balance of the Park Improvement Bond Funds. Wayne Sandy, also a member of the P & R Board asked if this had been back through P & R. Mr. Hall said this was a request to re- allocate bond funds and that it had not been before P & R. Councilman Harris asked if this project is underway and Mr. Hall said it is and that we are currently accepting bids for lighting of the field, going on to say Ms. Brantley discussed it with him and he (Hall) placed on the Council agenda. Councilman Weaver said he is surprised that P & R doesn' t know about this and suggested tabling until they can review it. Mayor Amick asked the P & R members if they are concerned, and both Ms. Warren and Mr. Sandy said they are not. Mr. Sandy said he doesn' t like it when changes are made and the board is not aware of them. Councilman Weaver moved to table the item and Councilman Marks seconded the motion which carried with all members voting Aye. 10 . CONSIDERATION OF A RESOLUTION TO CONSIDER INTERVENTION IN THE PETITION OF THE CITY OF ABILENE TO LONE STAR GAS COMPANY Councilman Harris moved to approve the resolution and Councilman Alianell seconded the motion which carried with a unanimous roll call vote. 11 . COUNCIL COMMITTEE REPORTS (OPTIONAL) Councilman Marks stated that the Satellite Dish Committee needs to meet soon. There were no committee reports at this time. 003 °. _j 12 . CITY MANAGER' S REPORT 1 . Day Court to begin January 6 , 1990 at 1: 30 p.m. Should minimize overtime for court and police. Mayor Amick said to monitor for any negative impact to the operations of the city. 2. 40 ' Christmas Tree will be placed at the southwest corner of N. Colony and Main. The Christmas Tree lighting ceremony is set for December 8 , at 7 : 00 p.m. at City Hall . 3 . Radio Controlled Air Field - There was a lengthy discussion regarding the locations available for such a field, with the most likely being an area behind the Animal Shelter. There were several fliers present who encouraged the council to designate a field for them. A letter was read citing noise and accidents as reasons for not designating a field. The item is to be placed on the December 4 , 1989 agenda for action. 13 . CLOSED DOOR SESSION AS AUTHORIZED BY ARTICL3 6252-17 , V.A.C.S. SECTION 2G, REGARDING PERSONNEL, TO-WIT A. DEPARTMENTAL EVALUATIONS Councilman Harris moved to table this item and Councilman Alianell seconded the motion which carried with all members voting Aye. 14 . CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE CLOSED DOOR SESSION Councilman Harris moved to table this item and Councilman Alianell seconded the motion which carried with all members voting Aye. With no further business to address Councilman Harris moved to adjourn and Councilman Alianell seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 9: 42 p.m. APPROVED: (/_,; 77 -Ae24 Don mick, Mayor ATTEST: 40K XL/h Patti A. Hicks, City Secretary [SEAL]