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HomeMy WebLinkAbout02/04/1991 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON FEBRUARY 4, 1991 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 4th day of February, 1991 a% City Hall, wi~h ~he following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Presen~ Steve Wi~hers, Mayor Pro-rem Presen% Mike Alianell, Councilman Presen~ Robert Burchard, Councilman Presen~ Lou Gomez, Councilman Presen% Joel Marks, Councilman Present and wi~h seven members presen~ and quorum was es%ablished and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Jim Camp, 5024 Arbor Glen advised ~he Council that a young boy was struck by a vehicle driven by a teenager, in ~he alley of Arbor Glen on January 19, 1991. Mr. Camp wen~ on ~o say ~he Police have been called several ~imes regarding %raffic problems in the alley and that he has a petition requesting speed bumps be placed in the alley. The pe%ition, con%aining 23 names, was submitted to ~he Ci%y Secre%ary. Bill Hall responded sta%ing staff has looked in%o speed bumps several %imes, no%ing i% is an unaccep%able practice in all municipalities. Mr. Hall said enforcement has been s~epped up in problem areas and ~hat he does understand the concerns. Mr. Hall said Chief Gibson and s~aff are working now with ~he ~raffic engineer ~o de%ermine if %his is feasible. Mr. Camp suggested a barricade ~o close ~he alley ~o %hrough traffic if bumps canno% be installed. Mr. Hall said %his will be researched and ~hat he will ge% back ~o Mr. Camp. Ken Wood, 5000 N. Colony, said ~he agenda is no~ on Channel 18. Joe Agnew, 5301Nash Dr., said he respec%s each councilmember, but wha~ he has read in ~he paper concerns him, going on to say i% appears a member of council has violated ~he public trus~ and reques%ed that anyone who violates tha~ trus~ s~ep down. 3. PRESENTATION OF EMPLOYEE AWARDS Mayor Manning and Katherine Mar~inez made the following awards ~o ci%y employees: James Jordan - Police Depar%men% - 10 year wa%ch Larry Floyd - Police Depar~men% - 5 year key chain 3 003900 Nanci Brewer - Water Department - 5 year key chain No~ present to receive awards were Shannon Corbitt, Police, and Alan Brewer, Water, both of whom will receive 2 year certificates. 4. PUBLIC HEARING ON APPLICATION OF FOX AND JACOBS, INC., FOR A CHANGE IN ZONING ON PROPERTY PRESENTLY ZONED AS MULTI-FAMILY 1, OFFICE 1, OFFICE 2 AND 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 SINGLE FAMILY 4 AND SHOPPING CENTER CLASSIFICATION FOUR TRACTS OF LAND CONTAINING APPROXIMATELY 43.7 ACRES, GENERALLY LOCATED ON THE WEST SIDE OF FM 423, APPROXIMATELY 200 FEET NORTH OF IT'S INTERSECTION WITH SOUTH COLONY BLVD. Councilman Marks made a motion to open the public hearing, the motion seconded by Council Withers carried with all members voting aye. Bob van Til using overheads explained the zoning reques% to ~he Council, noting the request is to change from Office 1 and 2 to Single Family 4 zoning. Mr. van Til's presenta%ion indicated the loca%ion, present zoning and requested zoning, as well as informa%ion ~hat the traffic study done indicated no major impact on the traffic flow in the area. There were questions regarding turn lanes on 423 and school areas. Mr. Derek Earle, wi%h Fox and Jacobs said %he children will be bussed to Ethridge Elementary and Lakeview Middle Schools. There was a discussion regarding entrances into the area and a possible amendment to the proposed plan. Mr. van Til said Planning and Zoning has recommended approval of the zoning request wi%h no deed restric%ions, but that the development should adhere to current zoning codes. Councilman Burchard requested to see the letters received regarding the case. Councilman Lynch asked about sidewalks and the proposed connecting roadway from the extension of S. Colony into the development. Mr. van Til stated the development will adhere to sidewalk requirements and it was noted that Fox and Jacobs will work with ~he property owners to acquire right-of-way for the construction of the connecting roadway. Brief discussion regarding multi-family zoning in The Colony, Mr. van Til stating there is some north of this development on 423 and south of 121 on the Biltingsley property. Derek Earle, Fox and Jacobs, said he has met with several people regarding ~his development in an attempt ~o address any concerns. Mr. Earle noted ~he following: 1. traffic - no major impact 2. Fox & Jacobs will provide the %ie in road to S. Colony 3. Fox & Jacobs will provide a north/south collector s%reet parallel wi%h 423 4. Density - 42 acres - proposed 3.1 per acre and can cap at 4 3.2, maximum of 120 lots, curren%ly expect 118 lots. 5. 1800-3750 square foo% homes, $100,000-$150,000 price range 6. Me% wi%h LISD regarding schools - E%hridge and Lakeview 7. Drainage - Limi%ed knowledge righ% now, bu% will mee% ci%y ad Federal s%andards and will not aggravate exis%ing problems, will improve if possible. Mr. Earle said other issues have come up and those can be addressed a% time of platting, no%lng Fox & Jacobs is exci%ed and feel %his area will be beau%iful and a benefit %o The Colony, with sales beginning in 1992. Councilman Burchard expressing his concern for apar%ments asked if %here had been any interes% in this land for %ha% purpose. Mr. Earle said there had been none. Rob Bauman, 5201 Reed said there are lots of young people in The Colony and questioned eliminating apar%ments in a prime area. Mayor Manning reminded him there is s%ilt some Multi-Family zoning to the nor%h of this tract. A1 Clary, 5417 Sutton P1 asked who sets %he speed zones on 423 and Mr. Hall said %he S%ate does, however %he City can make recommenda%ions. Mr. Clary ques%ioned %he %raffic s%udy. Mr. Hall said %here is a concern for safe%y and when this project is to the developmen%al stage speed will be addressed. Bill Jamme, 5405 Sut%on Place said he does no% see %he zoning change as a benefit %o The Colony, only to F & J, sta%ing the development should be similar Strickland or Su%ton Pl. Mr. Jamme said the houses are %oo close and that he is opposed %o %he curren% and proposed zoning. Ken Wood, 5000 N. Colony said he does not see a need for a second s%ree% in the middle if S. Colony is cut %brough. Mr. Brewer, 5413 Cockrell asked about %he heigh% of structures to be built, noting he does not wan% %0 lose his view. He also expressed concern for %he drainage ditch running under 423 and up to He%herington. Toby Pollard, 5401 Sut%on Place expressed concern about drainage behind Su%ton Pl., no%lng he understands %he Council has been checking in%o %he problems. He wen% on to say %hat the drainage di%ch from Hethering%on runs under 423 and %ha% the proposed cul-de-sac will sit between two drainage areas, no%lng the elevation may have to be raised and if so %hat will pu% more water on%o Su%%on Place. Mr. Pollard said he commends Mr. Earle for his effor%s, sta%ing the problem needs %o be addressed and that he will reserve o%her commen%s, pending the vote %onight. Sue Stratton, 5409 Sutton Pl., said she is for the re-zoning, but is concerned about the density stating she would like %o see SF-3 not SF-4 and asked if her child will have %o change E%hridge Elemen%ary Mayor Manning said tha% during the 205 acre con%roversy he sat on the o%her side and fel% %he city needed larger homes. He said %his is not the las% thing on this case, there is still platting, roads, site plan, etc, going on to say he is in favor of %he zoning request and tha% he thinks it will enhance %he ci%y. The Mayor 5 0 0 9 O o said he will be wa%chfu! %ha% ~he area is laid ou% carefully regarding flooding and enhancemen% for %he future of %he Ci%y, --' no%ing %ha% Fox & Jacobs has shown con%inuing improvemen% in ~heir produc%. Af%er a brief discussion regarding fu%ure developmen% by Fox & Jacobs in The Colony, Councilman Alianell made a mo%ion %o close %he public hearing and Councilman Gomez seconded %he mo%ion which carried wi%h all members vo%ing Aye. 5. CONSENT AGENDA Mayor Manning summarized %he i~ems. A. CONSIDERATION OF THE APPROVAL OF THE MINUTES OF THE JANUARY 21 AND 28, 1991 COUNCIL MEETINGS Councilman Marks made a mo%ion %o approve ~he minu%es as wri%%en and Councilman Burchard seconded %he mo%ion which carried wi%h a unanimous roll call vo%e. B. CONSIDERATION OF AN ORDINANCE GRANTING AND APPROVING A CHANGE OF ZONING ON PROPERTY CURRENTLY ZONED AS MULTI FAMILY 1, OFFICE 1, OFFICE 2 AND SHOPPING CENTER, CHANGING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SINGLE FAMILY 4 AND SHOPPING CENTER CLASSIFICATION FOUR TRACTS OF LAND CONTAINING APPROXIMATELY 43.7 ACRES, GENERALLY LOCATED ON THE WEST SIDE OF FM 423, APPROXIMATELY 200 FEET NORTH OF IT'S INTERSECTION WITH SOUTH COLONY BLVD. This i%em was pulled for discussion. Mayor Manning read cap%ion of %he 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 FOUR TRACTS OF LAND LOCATED WITHIN THE CITY OF THE COLONY, TEXAS AND BEING MORE FULLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM MULTI-FAMILY 1, OFFICE 1, OFFICE 2 AND SHOPPING CENTER TO SINGLE FAMILY 4 AND SHOPPING CENTER; REQUIRING DEVELOPMENT OF THE TRACTS TO BE IN ACCORDANCE WITH ALL RELEVANT REGULATIONS, CODES AND ORDINANCES OF THE CITY; 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 6 CHANGE AND AMENDMENT HEREIN MADE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN ONE THOUSAND DOLLARS FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Councilman Wi%hers said he pulled in order %o vo%e on separa%ely. Councilman Marks made a mo%ion %o approve ordinance and Councilman Gomez seconded %he mo%ion which carried wi%h ~11 Ayes, except Councilman Burchard, who voted No. C. CONSIDERATION OF ACCEPTANCE AND AWARD OF PROPOSALS FOR WRECKER SERVICE CONTRACT AND APPROVAL OF AN ORDINANCE AUTHORIZING SUCH CONTRACT Councilman Gomez pulled %his i%em for discussion s%a%ing he would like %o see %he business kep% in The Colony if possible, no%lng %he Kampers Korners proposal was very professional and o%her was no%. Mr. Hall said he has reviewed bo%h proposals and no%ed %ha% Texas World Au%o does no% mee% %he requiremen%s for a Vehicle S%orage Facili%y and %ha% he did mee% wi%h %he owner, Mike Freeland, and covered all %he requiremen%s, no%ing %ha% Mr. Freeland does wan% %o expand his business. Mr. Hall wen% on recommend award %o Kampers Korners. Councilman Alianell asked how much it will cos% %o bring Texas World Auto in%o compliance and if %here had been response problems from Kampers Korners. Mr. Hall es%ima%ed qui~e a bi% of work and s%a%ed ~here had been no response problems. Brief discussion regarding using an al%erna%e. Mike Freeland, 7628 W. Shore Drive said he purchased Texas World Au%o in augus~ 1990 and s~a~ed %ha% no inspec%ion has been made by ~he City as ye%, and said %ha% he is licensed by %he S~a%e, going on ~o say he has several large con%rac%s and %ha~ his company would be a benefi% ~o The Colony. Councilman Gomez ques%ioned %he lower ra%es. Mr. Freeland said he is a AAA carrier in %his area and %heir ra%es are even lower %ban %ha~ and %ha~ he will offer free %owing of city vehicles. Mayor Manning asked if he mee~s all S%a%e requirements for %his service and Mr. Freeland s~a~ed he does. The Mayor also asked abou% large loads, %o which Mr. Freeland replied he has a heavy du%y wrecker on call. Councilman Burchard no~ed %he curren% con~rac% is au%oma%ically renewable and asked if we can %erminate it. Councilman Gomez made a mo%ion %0 ~able ~his i%~m fo~ s~aff review ~he con%rac~ and ~o review s~a~e guidelines regarding %his service. Councilman Alianell seconded %he mo%ion which carried wi%h a unanimous roll call vo~e. 6. CONSIDERATION OF APPROVAL OF THE PLANS AND SPECIFICATIONS FOR THE STATE REVOLVING LOAN EASTVALE SEWER PROJECT Bill Hall advised the Council he will be going to McAllen, Texas February 25 to formally apply for this loan and %hat the plans must be submitted ~o the Texas Water Development Board. Mr. Hall said staff members, Tommy Turner, David Rolbiecki and Bob van Til have reviewed the plans and all concerns have been addressed. Mr. Hall also said the start date is mid June 1991 wi%h completion in November 1991. Af%er a brief discussion, Councilman Gomez made a motion to approve the plans and Councilman Lynch seconded the motion which carried wi%h a unanimous roll call vote. 7. CONSIDERATION OF AN ORDINANCE PROVIDING FOR THE ISSUANCE OF CITY OF THE COLONY, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BOND, SERIES 1991, IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,330,000 Bill Hall recommended tabling this item, per the Financial Advisor's advice. Councilman Marks made a motion ~o table this item until February 25, 1991 and Councilman Atianell seconded the mo%ion which carried with a unanimous roll call vote. 8. COUNCIL COMMITTEE REPORTS Late Hours Survey - have met and are compiling names for the survey. Cable T.V. - Councilman Gomez - met January 29, reviewing current contract, which is not being followed by the company. Hope to conclude in 2 months. Crime Stoppers - Councilman Marks has con%ac%ed the governor's office regarding a conflict with the Denton County Crime Stoppers. Fees - Hope to have a report by February 25, 1991. Golf Course - Bill Hall said all members had received a letter from Golf West, stating there are updated plans, updated market analysis and recommending the City do it's own feasibility study. SUP Study met January 30, 1991 reviewing all categories requiring SUP's. 9. CITY MANAGER'S REPORT 1. Tree plan%ing going well, with six having been plan~ed and 14 to be pu% in on the sou%h end of Paige by the entrance sign. The berms on Paige may be lowered and if so, the dirt can be PUt on the east side of Paige to held on the IBM proper~y drainage problems along Paige Rd. Wynnwood Haven Emergency Response Request- received letter from residents requesting The Colony to respond to ~heir emergency calls instead of response from the City of Frisco. Northpointe Park Grant - Bob van Til said received a le%ter from Car%er and Burgess s%ating the grant is in process and that they are waiting for the State's response. Results should be known by September 1991. 0039J.. - With no fur%her business %o address, Councilman Alianell made a mo%ion to adjourn and Councilman Burchard seconded %he motion which carried wi%h all members vo~ing Aye. APPROVED: ATTEST: Pa%%~A. Hick~, Cxty Secretary 9