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HomeMy WebLinkAbout07/15/1991 City Council 004050 MINUTES OF THE CITY COUNCIL MEETING HELD ON JULY 15, 1991 The Regular Session of the City Council of the City of The Colony, Texas was called to order t 7:30 p.m. on the 15th day of July, 199], at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Present Billy Sharp, Councilman Present Dale Therio, Councilman Present Rob Burchard, Councilman Present Lou Gomez, Councilman Present Joel Marks, Mayor Pro-tem Present and with seven present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Linda Adams, 6069 Dooley, stated she and her neighbors are concerned with the fact they are receiving pure well water and no Dallas water. They pay the same rates and taxes as everyone else in the city and are not receiving the same services. They request a mix of the water so they will receive both well and Dallas water as other residents do. Mayor Manning said the staff will check into this problem and get back to her. Beverly Smith, 4817 Branch Hollow, representing The Colony Jaycees thanked the Council and staff for the support and help they received in putting together the 4th of July fireworks display. She said they are planning for next year and hope it will be bigger and better. 3. PUBLIC HEARING ON APPLICATION OF MR DOUG BARNEY FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS 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 PERMIT FOR THE OPERATION OF A PRINT SHOP 520] S COLONY BLVD. SUITE 600 Councilman Lynch moved to open the public hearing and Councilman Gomez seconded the motion which carried with all members voting Aye. Bill Hall advised Mr. Doug Barney has requested to open a print shop in a shopping center, noting that our zoning ordinance schedule of uses does not have a definition that this particular 3 business falls into, therefore a specific use permit is required. Mr. Hall said this has been to Planning and Zoning and they do --' recommend approval. Bob van Til reiterated what Mr. Hall said, again explaining the 2 definitions; "duplication shop" and "job printing". Mr. van Til said this fits in the middle of these two definitions. He noted that of 57 notices sent out, only 5 were returned and they were all favorable. Mr. Barney was present to answer questions. Councilman Marks asked about disposal of waste products. Mr. Barney said all waste is placed in bags and disposed of in a dumpster, noting there are not hazardous materials, just standard inks and chemicals. Councilman Gomez asked if the Fire Department has been informed of the storage of these materials and Mr. Hall said they are aware and have no problem with it. Councilman Therio asked if 'granting this SUP will allow for the expansion of the business under another definition and if not, will another SUP be required. Mr.van Til said this business is not an incompatible activity for a shopping center so it would depend on how the business changed. Councilman Lynch asked if fire protection has been addressed. Mr. Barney said there is no sprinkler system but there are fire walls. Councilman Burchard asked if the schedule of uses should be amended to cover this type of business in the future and Mr. Hall said yes. Councilman Burchard also asked if granted and the business cbanges to fit one of the other definitions, would this SUP cover that use and Mr. Hall said no, the SUP would be revoked. Mr.-Barney asked if he needs to get a copy of the definitions ~' so he knows what he can and can't do, even thought he said he does not plan to change the scope of his business. Mayor Manning told Mr. Barney that as long as he is operating the business as he has presented it he will be in good shape. Mr. van Til said if staff finds the use has changed then Mr. Barney will be contacted and asked to come back into compliance. Councilman Gomez moved to close the public hearing, Councilman Lynch seconded the motion which carried with all members voting Aye. 4, CONSENT AGENDA Mayor Manning summarized the items on the consent agenda and noted that it is not necessary for persons to abstain from the minutes of meetings at which they were not present. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD JUNE ]7 AND 24, 199] Councilman Therio noted that on the 17th minutes in regard to the golf course the number 650 should be changed to 60. Councilman Gomez said he was absent at the 24th meeting. Councilman Gomez moved to approve the minutes as corrected. Councilman Sharp seconded the motion which carried with a unanimous roll call vote. 4 B. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY AMENDING THE APPENDIX A-ZONING OF THE CODE OF ORDINANCES OF THE CITY BY GRANTING THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT ON PROPERTY PRESENTLY ZONED SHOPPING CENTER (SC) FOR THE OPERATION OF A PRINT SHOP 520] S COLONY BOULEVARD~ SUITE 600 Councilman Lynch moved to approve the ordinance as written and Councilman Marks seconded the motion, asking whose responsibility it is to see that the business operates as intended. Mr. Hall advised the Inspections Department will handle that. Councilman Sharp said he believes we need to revise the code to cover this type of business. Councilman Burchard said he is concerned over what type of business can go into a shopping center district. The motion then carried with a unanimous roll call vote. C. CONSIDERATION OF A RESOLUTION NOMINATING OLIVE STEPHENS TO SERVE A TWO YEAR TERM ON THE BOARD OF DIRECTORS OF THE DENCO AREA 9-1-1 DISTRICT Councilman Gomez asked if Ms. Stephens is the only one who has volunteered to serve and Mr. Hall said yes, noting she has served for some time and that The Colony really has no representativ, however, he is satisfied with Ms. Stephens performance. Councilman Gomez moved to approve the resolution and Councilman Therio seconded the motion which carried with a unanimous roll call vote. 5. CONSIDERATION OF APPROVAL OF SITE PLAN AS PRESENTED BY BLOCK BUSTER VIDEO TO BE LOCATED AT THE CORNER OF MAIN STREET AND CHOWNING STREET Bob van Til noted the location, stating its owner is Blockbuster Entertainment Corporation who wishes to build on a site approximately 1 acre in size. This item has received favorable recommendation from P & Z with two exceptions relating to landscaping. They are; ].) The Indian Hawthorns be replaced by dwarf holly and 2.) Seasonal color be planted at the entrance by the sign. Mr. van Til said staff also recommends approval. Councilman Lynch said they can't have a monument sign and an attached sign and asked if they have applied for a variance.. David Rolbiecki said they can have the attached sign and they would only need a variance if the sign is too high. Councilman Lynch said the monument sign will block traffic view and Mr. van Til said this has been reviewed by the police department. Councilman Therio suggested planting 5 gallon plats not gallon. Vaughn Miller, representing Blockbuster Video said the property is separately platted from Food Lion~ therefore they can have their own signage. He said they are happy to be here~ stating that The Colony was almost rejected by Blockbuster because the city is under 50,000. He said the company does minimal landscaping 5 around their stores because they count on the visibility of the stores~ noting this is the largest video company in the nation. Mr. Miller said they are a family store that carries no "X" rated films and they pride themselves on being community leaders. Mr. Miller went on to say they appreciate the help received from staff and if this is approved they will begin construction on Wednesday. Councilman Sharp asked if the landscaped area will be irrigated and if they store will maintain it. Mr. Miller answered yes to both questions. The architect for the project was present and addressed questions regarding the drainage ditch, stating you cannot landscape the ditch. Councilman Marks said he would hate to see the store not come in due to landscaping requirements but that he is concerned with traffic routing. Mr. Miller said there will be in and out directional signs. Councilman Gomez moved to approve the site plan with the two stipulations recommended by P & Z and staff. Councilman Marks seconded the motion. Councilman Lynch asked about elevation and which way the water will run. The architect said it will run two ways, northwest off Chowning and off Main. Councilman Sharp said the water will drain from the parking lot to Main or Chowning and expressed concern that their excess water will drain onto our streets. Mr. Rolbiecki said the water will go into the drainage easement along 423 and the drainage channel on Chowning, not onto the streets. Mayor Manning asked if staff has reviewed the drainage. Mr. van Til said yes and that it is being reviewed by the engineers now and if any problems are seen they will be addressed with Blockbuster Video. The motion then carried with a unanimous roll call vote. 6. CONSIDERATION OF A REQUEST FROM THE COLONY LITTLE LEAGUE FOOTBALL ASSOCIATION TO UPGRADE THE NEWLY CREATED FOOTBALL FIELDS LOCATED AT THE UTILITY DEPARTMENT Mr. Hall said Larry Johnson had contacted him regarding a misunderstanding on the part of the Little League Football Association with respect to what will be done at the new fields. The construction of two fields, fencing, irrigation, a pad site for a temporary concession stand and a parking is currently underway. Mr. Hall went on to say that Mr. Johnson has recently requested additional improvements to the area that were not previously addressed and for which funding is not approved. Mr. Hall explained that he told Mr. Johnson that any additional improvements would require Council approval, stating that water and sewer to the concession is one of the changes. Mr. Larry Johnson, president, Little League Football Association addressed the Council and listed what items the Association understood were a part of the project: 1. Two regulation football fields completely installed with t8" crown, fully irrigated and hydromulched with bermuda grass for 6 0040( o total coverage. 2. Parking area. 3. 8' privacy fence in alley 4. Concrete slab foundation for a concession stand and equipment shed. Electrical and plumbing utility connections to be provided by the city. 5. Concrete pads for bleacher stands at both fields (4) 6. Four sets of bleachers provided by the city. 7. All maintenance of fields to be provided by city Mr. Johnson said this was approved ]3 months ago and now there is barely grass on the fields and he is concerned about the electricity and sewer. He said he though when the pad for the concession stand was poured it would be stubbed out for plumbing and electricity~ going on to say he needs to know where the association stands. Mayor Manning said he though this site was temporary and noted that it is beginning to sound permanent. Councilman Gomez agreed and said he understood there would be no lighting due to the temporary status and because it would bother residents in the area, reiterating this sounds like a permanent facility. Mr. Johnson said the electrical is not for lighting but for power to the concession stand which is not intended to be a permanent building. Councilman Gomez also expressed concern over the cost of maintaining these fields. Mr. Johnson said before the opening of the 1990 season, 30 people went to Bridges fields and cleaned and prepared them. He said the association can maintain the fields if given the tools. Councilman Burchard said the city agreed to provide electrical but Mr. Johnson is not sure. Mr. Hall said the city did agree to that and Mr. Johnson said it depends on who you talk to. Mr. Johnson went on, stating the association knows this is temporary~ but they want it to be the best it can be for now. He said they can go with portable bathrooms this year and said the association will supply the labor if the city can provide the materials. Mr. Hall said there is $28t4.96 left in the budget for this project, which will do the electrical drop and the pad for the concession stand. He went on to say there is water and a tap can be put in for wash down and portable bathrooms can be provided. Councilman Gomez said this should be given back to staff to work with the association to spend the available money as efficiently as possible. Mr. Johnson asked who they should work with, noting the season start is near and they need to build the stand. Mr. Hall said to contact Ken Leverich, stating the fields will be ready and the pad will be poured next week. Councilman Burchard said the only outstanding item is sewer. Mr. Johnson agreed there were some misunderstandings. He said the association thought if there was electrical and water~ then there must be sewer, going on to say he is satisfied. Mr. Hall said there is a need to establish priorities on the 7 3 items to ensure the association gets what it really needs. Mr. Johnson said he will be happy to help and again stated the ~ association can provide labor. No action required. 7. CONSIDERATION OF A REQUEST TO INSTALL A SAND LOT VOLLEY BALL COURT AT DAVE COWAN PARK Councilman Marks moved to approve the request and Councilman Lynch seconded the motion. Councilman Burchard asked if there are lots of requests for this activity. Pam Nelson~ representing P & R said there are lots of requests and there is currently only one sand lot volleyball in the city, and that is at Stewart Creek Park. Councilman Sharp said that only one person can play ]/2 court basketball and this would required at least 4 or more persons, which would limit the use to larger groups. He also expressed concern that it would become a large litter box for cats. Councilman Lynch asked if there is a flat area for the court and Ms. Nelson said there are flat areas in the park. Councilman Therio noted there are other activities in the park besides this one. John Frentress, 5053 Shannon (Jaycees member) said they have considered several things to put in the park, one being a back stop but that would be dangerous for small kids. He said the Jaycees felt the sand lot volleyball would meet the needs of the most people. Councilman Burchard said this can be monitored and if successful, possible place some in other parks. Pam Nelson said ~ they would do that. Councilman Sharp again stated this restricts use in the park and said he would like to see one at the rec center not at Dave Cowan Park. Councilman Gomez asked the cost if this doesn't work and it needs to be replaced with a basketball court. Mr. Billy Longo, 5640 Painter, a local contractor, said he put in a sand lot volley ball court in a resident's back yard which took 6 loads of sand, which he purchased for $5.00 a load. The cost to install would be minimal. The motion then carried with the following vote: Lynch - Aye, Sharp - No, Therio - Aye, Burchard - Aye, Gomez - Aye, Marks - Aye, Manning - Aye. 8. CONSIDERATION OF REMOVAL OF PORTIONS OF LAKERIDGE ESTATES FROM THE SPECIAL FLOOD HAZARD AREA-A (]00 YEAR FLOOD ZONE) Mr. Hall addressed the Council, stating as is customary with new developments the topography is in some areas changed by fill and grading to remove the area from the flood plain. Mr. Hall went on, following this work, the data must be submitted to the Federal Emergency management Agency (FEMA) for approval. Mr. Hall said Mr. David Rolbiecki has worked with FEMA to have several lots in Lakeridge Estates removed from the flood plain. This change has ~-' been approved by FEMA and must now be approved by the City Council. 8 004060 Councilman Gomez moved to approve the removal of certain lots in Lakeridge Estates from the Special Flood Hazard Ares and Councilman Marks seconded the motion. Councilman Lynch asked if this is going to be level after the fill dirt is added. Mr. Derek Earle~ Fox & Jacobs, said when further surveying was done, these area were already out of the flood plain and they do not have to be filled. The motion then carried with a unanimous roll call vote. 9. PRESENTATION OF THE PROPOSED MUNICIPAL BUDGET FOR THE YEAR 1991-1992 Mayor Manning advised the Council there would be ample time for them to ask questions regarding the budget and to keep their questions tonight to a minimum. Mr. Hall read the Budget letter in its entirety. Mr. Hall said we have maintained the $.74 tax rate and the budget as presented is balanced. He did say this budget does not include capital or personnel requests. Mr. Hall said we will be coming in under budget this year due to careful spending by all departments. At this time~ Mr. Hall responded to a few general questions from the Council. Councilman Gomez said he would like to add the Strickland Drainage problems into this budget process and also an estimate to eliminate the wells and go with 100% Dallas water. 10. STATUS REPORT ON THE SOIL TESTING FOR THE SITE OF THE NEW ANIMAL SHELTER Mr. Hall advised there have been some concerns regarding the soil testing at the Animal Shelter construction site. He said the main consideration has been the present condition of the soil, going on he said Engineer Randy Musser reported today that the site is in condition to have the shelter built. Mr. Musser had named 3 types of slabs which should be used for construction and that there is some additional testing needed. Mr. Hall said the tests by PSI were not complete, noting the drilling should have been all the way to sub-grade but it was only down 6". Mr. Hall said this will be corrected and again stated the engineer says the shelter can be built on this site. Mr. Hall did say additional engineering will be required and that Brian Moore has been contacted and will work with the contractor regarding these requirements. Mr. Hall said he is confident this project can be done within budget, noting that numerous errors in judgement were made from the start of this project and assured the Council this would not happen again. DISCUSSION OF FUTURE FIRE WORKS DISPLAYS WITHIN THE CITY OF THE COLONY AS REQUESTED BY COUNCILMAN BILLY SHARP Councilman Sharp said he thinks everyone wants to have a Fire works display on the 4th of July and appreciates what the Jaycees did this year by sponsoring the display, raising the funds, etc. 9 Councilman Sharp suggested two ways the City can help by organizing fund raising efforts. ]. Add a line item to the budget 2. Add a space on the water bills whereby citizens can donate to the fireworks fund and mail it in with their water payment. The Councilman suggested that the water bill idea is best, and went on to suggest that the local paper run the totals deposited in the fund on a monthly basis. He commended the Jaycees and said he would like to see the city try to get the funding in this way. Councilman Gomez agreed and ask staff to look into the logistics, stating also that insurance for this should be included as a line item in the budget. He also commended the Jaycees. Councilman Burchard asked if the Jaycees would mind the city becoming involved. David Salmon, with the Jaycees said they (Jaycees) would like to remain involved in the fire works display and said they appreciate all the help the city gave to them to get it done this year. He said they would like to be a co-sponsor of this event, helping in any way possible. Councilman Sharp said it was not his intent to take the event from the Jaycees, but to aid in the fund raising efforts. Mr. Salmon said an organized fund raising campaign would be very beneficial. Mayor Manning, with Council approval, directed the City Manager to investigate the feasibility of this idea. ]2. COUNCIL COMMITTEE REPORTS Councilman Gomez said the Cable T.V. committee met July 2 and reviewed recent correspondence from TCI Cable. He said they are looking into training of individuals for broadcasting council meetings and checking into the switchers necessary for that. 13. CITY MANAGER'S REPORT 1. Land negotiations with City of Plano. R.T.C. sued Denton Central Appraisal District, Denton County and The Colony. Plano has intervened in that suit. He us working with Jerry McGuire, Asst. City manager in Plano negotiating to keep out of court, the has hired a law firm to represent us in this case. 2. Interlocal Agreement with Denton County for Road Repair - Witt Rd. was repaired under such an agreement. We are looking at entering into an agreement with them to repair E. Lake Highlands and One Harris Plaza. This should be considered in the next budget year. 3. Bob van Til and I met with Denton County representatives regarding improving the access to the County Government Center on FM 423. Commissioner Jacobs said the County has asked the State about a median cut on 423 at the Government Center. 4. City Hall appearance program. A person has been working around the outside of the Municipal Complex the past week to get the grounds in good shape. He will be working approximately 2 months. '-~ 5. Status of Trees - Several trees are in bad shape and will 10 be replaced. Ken Leverich said they may just be in shock. 6. Cougar Football Program - Each year members of staff and council buy an ad in the football program for the high school football games. The approximate cost, depending on how many take part, is $16.00 - $17.00. Please let Mr. Hall know if you are interested. 7. Golf Course - There is a meeting tomorrow with U.S. Golf Corp and the Corps of Engineers regarding the proposed golf course on Wynnewood Park. 8. Eastvale Sewer System - Tommy Turner, using a map showed the Council where the work is occurring now, and the planned progression of the project. 9. 12! Bypass Project - This project has been delayed and possibly killed due to the fact that the new landowner is not receptive to donating right of way. This property is what lies on Huffines Ranch. There will be more information on this project at a later date. The contract letting date for the 121 freeway project through The Colony is still set for November 1991 with construction time approximately 24 months. Mayor Manning advised that he is going to attempt to keep the meetings moving smoothly. He asked that councilmembers with questions, please ask them prior to the meeting time. This will cut down on time spent in the meeting on minor items. Mayor Manning then adjourned the meeting at 9:55 p.m. APPROVED: W~ll~am W. Manning, Ma~o~__~ ATTEST: Patti A. Hicks, City Secretary 11