Loading...
HomeMy WebLinkAbout04/06/1992 City Council 004,3 2, MINUTES OF THE CITY COUNCIL MEETING HELD ON APRIL 6, 1992 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 6th day of April, 1992, 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 Joel Marks, Mayor Pro-tem Present and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Robert Allen, 4125 Driscoll, addressed the council regarding the maintenance of the baseball fields. He said he asked Park & Recreation about this because in order to produce good players, there must be better facilities. Mr. Allen said there are rocks on the fields now, and noted the teams had been asked to stay off the fields. He said Ms. Sylvia Bramley, Park and Recreation Director told him the city is short of man power and Mr. Allen agreed, stating that there needs to be more than temporary help. He went on to asked the council to help the kids have better fields for play and practice. Mr. Allen also asked about a rumor that IBM had offered the city land and the city turned it down. Bill Hall responded, stating that is merely a rumor, which he had heard also, going on to say that IBM has never donated land and if they did the city would never turn it down. Mayor Manning suggested Mr. Allen attend some of the budget sessions so he can better understand the issue. Pam Allen, 5721 Squires, thanked the council for the improvements begun on B.B. Owens Park. Larry Bryant, 4904 N. Colony, representing TCI Cablevision advised they are using two new cameras tonight and hope the reception will be better. Mr. Bryant introduced the volunteers assisting tonight, Chris Johnson, Dan McNew, and Greg Hill, noting that more volumeers are needed and that anyone interested should call 370-7000. Mayor Manning thanked TCI for their efforts. 5 004323 3. MAYORAL PROCLAMATION DECLARING PUBLIC SAFETY TELECOMMUNICATORS WEEK Mayor Manning read the proclamation in it's entirety as follows: WHEREAS, Thousands of dedicated Telecommunicators daily serve the citizens of the United States by responding to telephone calls for police, fire and emergency medical services and dispatching the appropriate assistance as quickly as possible; and WHEREAS, Telecommunicators, displaying a high degree of professionalism, decisiveness and accuracy, represent the vital link between our community's citizens and all emergency services and a lifeline for police and field officers; and WHEREAS, Professional Telecommunicators work to improve the emergency response capabilities of their communications systems through their leadership and participation in training programs and other activities; and WHEREAS, the Congress of the United States of America has set aside the second week in April to recognize Telecommunicators and their crucial role in the protection of life and property; now THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Texas do hereby proclaim the week of April 12-18, 1992 as PUBLIC SAFETY TELECOMMUNICATORS WEEK in the City of The Colony, Texas in honor and recognitions of our county's Telecommunicators and the vital contributions they make to the safety and well being of our citizens. SIGNED AND SEALED this 6th day of April, 1992. William W. Manning, Mayor Patti A. Hicks, City Secretary Cassandra Douglas, Communications Supervisor with The Colony Police Department accepted the proclamation on behalf of all the dispatchers. David Connel with the 9-1-1 District thanked the council for the proclamation and the recognition. 4. PUBLIC HEARING ON APPLICATION OF CENTEX REAL ESTATE CORPORATION REQUESTING TO AMEND THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY, CURRENTLY ZONED ~-- BUSINESS PARK, A PLANNED DEVELOPMENT ZONING CLASSIFICATION: 004324 150.6 ACRES, GENERALLY LOCATED IN THE SOUTHWEST PORTION OF THE CITY, WEST OF FM 423, AND NORTH OF OFFICE CREEK. MORE PARTICULARLY DESCRIBED IN ABSTRACT 1352. Motion to open the Public Hearing - Marks; Second Burchard - All Ayes Councilman Lynch questioned why the development standards specified a height of 35' when our ordinances allow 30' and if 50% lot coverage had been discussed previously, noting our standards call for 40% lot coverage. Mr. Derek Early, Centex, stated the 35' is an error and will be changed to 30' and that Centex had originally asked for 65% coverage and had settled for 50%. Councilman Lynch said if this had been agreed to then he had no problem. Councilman Burchard said he had been contacted by a member of the Mayor's Special Task Force who advised him that this group wanted to review this case before the council acts on it to ensure this is the best use for this property. Mr. Earle said if the council deems it necessary then he will agree, however, he feels that Centex and the city have worked hard and have reached an agreeable plan. Councilman Burchard said they want to look at before the council votes. Mayor Manning said this is his appointed Task Force and that he knows nothing of this request, going on to say he doesn't think the Task Force is ready to review this. Going on, the Mayor said he is ready to move on this issue. Councilman Marks asked if the ownership of the 50' strip mentioned at the work session had been taken care of and Mr. Hall advised that it had been resolved. Motion to close the Public Hearing - Lynch; Second Marks - Ail Ayes 5. CONSIDERATION OF AN ORDINANCE GRANTING AND APPROVING A CHANGE IN ZONING, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY, CURRENTLY ZONED BUSINESS PARK, A PLANNED DEVELOPMENT ZONING CLASSIFICATION: 150.6 ACRES, GENERALLY LOCATED IN THE SOUTHWEST PORTION OF THE CITY, WEST OF FM 423, AND NORTH OF OFFICE CREEK. MORE PARTICULARLY DESCRIBED IN ABSTRACT 1352. Motion to approve the zoning change from Business Park to Planned Development - Marks; Second - Lynch. Councilman Burchard asked the Council to allow the Special Task Force to look at this case. Councilman Sharp asked if the plans are as presented and suggested that the motion be amended to read "all other plans for SF-4 unless otherwise specified be adhered 004325 to in this development." Councilman Marks said that is what we have agreed to and that's how it is presented. Councilman Sharp then amended the motion as follows: Amended motion to allow height of 30' in tracts A, B, and E - Sharp; Second - Therio. Amended motion carried with a unanimous roll call vote. Councilman Marks said he feels the position of the Task Force is well taken, but that he doesn't agree with asking the developer to change the use of the land, stating that would probably hamper the development of this property for several years, going on to say he thinks this is the best use for this property. Councilman Lynch said he doesn't think this zoning will preclude the Task Force from working with Centex. Mayor Manning said he was taken by surprise by the comment (regarding the Task Force), stating he did not know the Task Force was interested in this case, going on to say there has been ample time for them to come forward. Councilman Burchard said his understanding was the individual did approach the Mayor and was told it was not in the parameter of the Task Force, going on, Councilman Burchard said he does. Original Motion carried with all members voting Aye, with the exception of Councilman Burchard who voted No. 6. PUBLIC HEARING ON APPLICATION OF THE CITY OF THE COLONY REQUESTING TO AMEND THE COMPREHENSIVE ZONING ORDINANCE --' AND ZONING MAP OF THE CITY BY AMENDING SECTION 11-704 OF APPENDIX A-ZONING RELATING TO ACCESSORY STRUCTURES - HEIGHT RESTRICTIONS Motion to open the Public Hearing - Therio; Second - Burchard - All Ayes Bill Hall said this is regard to detached accessory structures, noting that in 1990 the height of these structures had been changed and since that time, some concerns have been expressed by staff regarding the height of 10'6" for these buildings. Mr. van Til explained the problems which had been encountered with the 10'6" restriction as follows: 1. The 20'6" height limitation required that the roof of the detached accessory structure be at a lower pitch than what is normally associated with a building. This reduced pitch requires that the roof rafters be larger, which increase the over-all cost of the project. Low pitch rafters become beams when the pitch is reduced to meet the 10'6" limitation. 2. A low pitch roof is more inclined to leak than a steeper pitch. 3. The pitch is different than the pitch of the main structure (home), which may be less attractive than if the same pitch is used by both structures. ~--. 8 OOz122G These concerns were taken to P & Z and the following recommendation is made: To amend Section 11-704 (Height Restrictions) to read: "In the SF, SF!, SF2, SF3, SF4, D, TH, MH, MF1, MF2, MF3, MF4 Districts, the maximum exterior wall height of any accessory building shall not exceed eight feet (8') with a roof pitch not to exceed that of the main building." After a very brief discussion: Motion to close the Public Hearing - Lynch; Second - Burchard - All Ayes 7. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY BY AMENDING SECTION 11-704 OF APPENDIX A- ZONING RELATING TO ACCESSORY STRUCTURES - HEIGHT RESTRICTIONS Motion to approve the change as presented - Lynch; Second - Burchard. Motion carried with a unanimous roll call vote. 9. CONSIDERATION OF APPROVAL OF A SITE PLAN FOR THE NEW ELEMENTARY SCHOOL TO BE LOCATED ON PAIGE ROAD AS PRESENTED BY LEWISVILLE INDEPENDENT SCHOOL DISTRICT Mayor Manning reminded the Council this is a site plan only. Mr. van Til addressed the council, advising this is 10 acre site east of Paige Rd. and south of the church at Paige and Yeager. Mr. van Til said parking, fencing and off-site utilities have been addressed. Councilman Burchard asked why the recommendation to remove the median and use buttons. Mr. van Til said that would make the future expansion of Paige Rd. easier. Councilman Burchard asked about a light at Nash and Paige. Mr. van Til said Mr. Hal Jones, traffic engineer has said it not necessary at this time, and that the left turn lanes will help move the traffic along. Going on, Councilman Burchard said the parents traveling northbound on Paige to pick up their kids will be stacking up traffic along Paige, and asked if a stacking lane can be cut into the street south of the school. Mr. van Til said it is felt there is adequate stacking room in the driveway. Addressing representatives from the District, Councilman Marks asked about drainage going to the church and then onto Paige Rd., noting there is a problem now and asked what impact this would have on the creek and how it will be channeled off Paige and off the property next to it into the creek. Mr. van Til said there are no specific drainage plans at this time, but our engineers are reviewing this issue. Mr. Zajicek from SHW (architect) said the plans show a swale to take the water to the northeast, around the property, into the creek and off of Paige Rd. He noted the only area to drain onto Paige is the parent drop-off driveway. Councilman Lynch asked if LISD is to pay for the school zone flashers and clarified 004327 the left turn lane. Mr. Hall said he has spoken to the city engineer regarding the drainage and Mr. Millican has recommended the water be run through conduit because Paige cannot stand anymore water, noting this will be the developer's cost. Councilman Therio asked if LISD would put in a solar powered school zone flasher and Mr. Zajicek said he would have to asked LISD. Councilman Sharp said this will cause major traffic congestion at Nash and Paige and asked if police officers could assist the guards in directing traffic. Councilman Burchard said he wants to see a light at Nash. Motion to approve the site plan as submitted with the addition of a traffic light at Nash and Paige, including flashers and buttons - Burchard; Second - Therio. Engineer for LISD said the A.M. hours are heavy but he thinks the traffic light will impede the traffic not help it. He said it will stack traffic more than as proposed and said he would like to see a study done before including a light in the approval. Mr. Zajicek said they have talked to Mr. van Til and Staff and it was agreed a light would not help. Councilman Burchard asked about a 4 way flashing red light. The engineer said we really want the traffic to move, not stop and stack on Paige Rd. Councilman Burchard asked about those people coming out from Nash onto Paige. Captain Carroll said a signal light will certainly impact vehicular traffic, but it would be the safest way to cross children. Councilman Lynch suggested amending the motion to wait 6 months after the facility is open to conduct a study to see if the light is necessary. ---' Bill Hall said it would be more costly to install a light after construction is done. Mr. Zajicek said the conduit for the light could be done at time of construction in case it is found necessary, noting the Board will have to approve the light. Amended motion to approve the site plan as submitted, including flashers and buttons and to change the traffic light requirement, subject to review with 6 months after opening of the facility and if a light is deemed necessary it will be installed by LISD -Burchard; Second - Therio. After a brief discussion and input from Mr. Ken Wood regarding the traffic the vote was taken as follows: Motion carried with a unanimous roll call vote. 8. CONSENT AGENDA Mayor Manning summarized the items on the consent agenda. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETING HELD ON MARCH 16, AND 30, 1992 ---. 10 Motion to approve the minutes as written - Lynch; Second - Sharp. Motion carried with a unanimous roll call vote. B. CONSIDERATION OF THE ACCEPTANCE AND AWARD OF BIDS FOR THE ANNUAL PURCHASE OF WATER DEPARTMENT PARTS AND SUPPLIES AND APPROVAL OF AN ORDINANCE AUTHORIZING THE CONTRACT FOR SAME Motion to accept and award the bids as recommended and to approve the ordinance - Lynch; Second - Sharp. Motion carried with a unanimous roll call vote. C. CONSIDERATION OF THE ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF A CONCRETE SAW, AND APPROVAL OF AN ORDINANCE AUTHORIZING THE CONTRACT FOR SAME Motion to accept and award the bids as recommended and to approve the ordinance Lynch; Second - Sharp. Motion carried with a unanimous roll call vote. D. CONSIDERATION OF A CONTRACT WITH THE AQUA CATS SWIM TEAM FOR USE OF THE COLONY AQUATIC PARK Motion to approve the contract as recommended - Lynch; Second - Sharp. Motion carried with a unanimous roll call vote. E. CONSIDERATION OF A CONTRACT FOR THE STEWART CREEK PARK GATE AT'FENDANT Motion to approve the contract as recommended - Lynch; Second - Sharp. Motion carried with a unanimous roll call vote. F. CONSIDERATION OF AN AGREEMENT WITH DENTON COUNTY FRIENDS OF THE FAMILY Motion to approve the agreement as recommended - Lynch; Second - Sharp. Motion carried with a unanimous roll call vote. G. CONSIDERATION OF APPROVAL OF A CHANGE ORDER FOR AN EXTENSION OF TIME ON THE ATKINS BROTHERS CONTRACT FOR THE EASTVALE SEWER SYSTEM PROJECT Motion to approve the Change Order as recommended - Lynch; Second - Sharp. Motion carried with a unanimous roll call vote. 11 004329 H. CONSIDERATION OF APPROVAL OF A BUDGETED CASH TRANSFER OF $300,000.00 FOR REIMBURSEMENT FROM THE UTILITY FUND TO THE GENERAL FUND Motion to approve the budgeted transfer as recommended - Lynch; Second - Sharp. Motion carried with a unanimous roll call vote. I. CONSIDERATION OF APPROVAL OF 1990 PROPERTY TAX REFUNDS Motion to approve the refunds recommended - Lynch; Second - Sharp. Motion carried with a unanimous roll call vote. 8:58 p.m. - Recessed to convene in Executive Session 18. EXECUTIVE SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S. SECTION 2E, LITIGATION AND SECTION 2G, PERSONNEL, TO-WIT: A. EMPLOYMENT EVALUATION OF CITY MANAGER BILL HALL B. EMPLOYMENT EVALUATION OF CITY SECRETARY PATTI HICKS C. RESOLUTION TRUST CORPORATION VS THE CITY OF THE COLONY D. CITY OF THE COLONY VS BOARD OF ADJUSTMENT AND APPEALS 11:35 p.m. - Reconvene in Open Session 19. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE EXECUTIVE SESSION There was no action to be taken on item A, B, or C. D. CITY OF THE COLONY VS BOARD OF ADJUSTMENT AND APPEALS Motion - the city will survey city land adjacent to Redden property to determine the exact location of the building in relation to the city easement, at the city's expense - Therio; Second - Lynch Councilman Marks clarified that there is no action to be taken against the B.O.A. and went on to ask if the motion was in order due to the manner in which this item was posted. Robert Maxfield, City Attorney said this action can be taken, noting the survey is necessary to determine if action against the B.O.A. is feasible; the motion is in order. Councilman Lynch said we want to determine the location of the building, not determine the jurisdiction of the case. Robert Poynter, Chairman of B.O.A. said that on June 19, 1991 the B.O.A. denied ---. a variance to allow the building to remain on a public easement. He said if there was an 12 0048, U appeal, it should have been within 10 days from that date, but the appeal was made April 1, 1992 by Councilman Lynch. Mr. Poynter said the entire meeting of the B.O.A. held on April 1, was illegal, except the election of a Chairman and a Vice Chairman. Going on, Mr. Poynter asked if the City Attorney who had been called by one member of council was going to be paid by the City, noting this was not a council action, but a single person. Mr. Hall advised the attorney represents the city and that councilmembers may call on him for advice. Mr. Poynter said a single councilmember cannot expend city funds per the Charter. Mr. Hall said it is not in the Charter that a councilmember may not call on the city attorney. Mr. Poynter stated the calling of the meeting was against the City ordinances. Mayor Manning said items can be brought to B.O.A. by staff or individuals. Mr. Poynter agreed, but said it is to be within a certain time frame and asked how and why the meeting was called. Mr. Maxfield said the meeting was proper, agreeing there is a time for appeal, but the purpose of the meeting was to address the fact that the B.O.A. had no jurisdiction in the case last June and to clean up errors made in the case. Mr. Poynter asked if the B.O.A. has jurisdiction over public easements and Mr. Maxfield advised they do not, only over property owned by citizens. Mr. Poynter said the meeting should have never been called, and Mr. Maxfield said that Mr. Poynter should not have convened the meeting (if he felt that way). All agreed guidelines are needed. Mr. Lou Gomez, 5081 Shannon asked on who's authority the B.O.A. decision was not enforced. Mayor Manning said that has not been determined as yet, noting that a certain group of council were assigned to work with the Reddens to get the lease signed, however, there appears to be a gray area between June to December. Mr. Gomez then asked who called the meeting. Bill Hall said the second meeting was called by himself as a result of a conversation with Councilman Lynch, after a letter was received from the City Attorney. Mr. Gomez said he questions the validity of one councilmember calling a meeting of the B.O.A. and asked how the City Attorney can represent both bodies (city and B.O.A.) in an adversarial position. Going on, Mr. Gomez said it is time to set some guidelines so this type thing doesn't happen again and reminded all the council that they cannot do anything alone, they are a governing body. Mayor Manning stated that the purpose of the closed door was to determine what action, if any, needed to be taken to resolve this particular case and that the City is not going to sue itself. Mr. Poynter said again that we (City and B.O.A.) need to sit down and decide on some guidelines. Toby Pollard, 5401 Sutton Place said he does not believe anyone on council has availed themselves of legal opinion to help themselves but on behalf of and for the benefit of constituents. Mayor Manning said his only concern with council doing this type thing, is that these issues should go through the City Manager's office for research, so that some control is kept on how much time and money is spent. Councilman Lynch said he called the City Attorney to see how these cases should be handled after the first case was sent to the council, going on to say he thought they should go to B.O.A. 13 004831 Motion to survey city property adjacent to the Redden property, at the city's expense, to determine the exact location of the building in relation to the city easement, failed with the following vote: Lynch - Aye, Sharp - No, Therio - Aye, Burchard - Aye, Marks - No, Manning - No. 10. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, BY AMENDING SECTION 19-10 (B) RELATING TO SPEED LIMITS ON PLANO PARKWAY Captain Carroll addressed the Council stating the recommendation is based on an analysis of our traffic accidents for the first six months of 1991. He said an average of 61% of all injury accidents on S.H. 121 occur within this area. Captain Carroll said the number one cause is speed. Motion to pass tonight on first reading due to the nature of the ordinance - Marks; Second - Sharp. Motion carried with a unanimous roll call vote. 11. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES, BY AMENDING THE UNIFORM FIRE CODE AS ADOPTED, BY ADOPTING CERTAIN APPENDICES AND BY DELETING DIVISION V, RELATING TO STATIONARY TANK STORAGE, ABOVE GROUND, OUTSIDE OF BUILDINGS; IN ITS ENTIRETY Captain Dave Wallace said the major body of the code is minimum standards and the appendices are more specific, noting that many apply to our situations. Captain Wallace said this allows us to make changes to the existing buildings. Going on, Captain Wallace said the appendices must be adopted separately. He also noted the deletions deal exclusively with aboveground storage of flammable liquids. Councilman Lynch suggested this bc passed on first reading also. Councilman Therio asked why this was not reviewed by the City Attorney. Mr. Hall said this ordinance merely adopts portions of the National Fire Code and does not require his review. Motion to pass tonight on first reading due to the nature of the ordinance - Lynch; Second - Burchard. Motion carried with a unanimous roll call vote. 12. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE II RELATING TO THE VOLUNTEER FIRE DEPARTMENT Chief Van Morrison said this ordinance will bring the existing code up to date with the current Fire Department structure, noting most of the existing code relating to the Fire Department was adopted in 1977 and is out of date. 14 004332 13. CONSIDERATION OF A CONTRACT FOR UNEMPLOYMENT COMPENSATION REVIEW Motion to approve the contract with LDG - Therio; Second -Sharp. Motion carried with all members voting Aye, with the exception of Councilman Marks, who abstained. 14. FIRST READING OF AN ORDINANCE ADOPTING A CONTROLLED SUBSTANCE AND ALCOHOL ABUSE POLICY, DECLARING THE CITY OF THE COLONY, TEXAS A DRUG FREE WORK-PLACE AND ADDING CHAPTER IX TO THE CITY OF THE COLONY EMPLOYEE PERSONNEL POLICY AND PROCEDURES MANUAL Robert Maxfield fielded questions from the Council regarding the policy, including those regarding who the policy relates to, what type of equipment is included in the description on page 4, and how will the council be required to be tested. Mr. Maxfield said this policy covers all city employees and stated the equipment would not include such items as a copy machine and that a separate resolution could be passed to require the council to be tested. All agreed with the resolution. Further questions included the 60 months time frame on page 9 (h). Discussion regarding the length of time, and the 50% testing rate of sensitive safety positions each year. Mr. Hall said we need to add to the definition - all other employees not otherwise defined. Councilman Marks said he thought all employees were covered, but sensitive position employees were more specifically defined so they can be tested more often. 15. CONSIDERATION OF APPROVAL OF A CONTRACT WITH A MANAGEMENT AUDIT TEAM Mayor Manning recommended postponing until after the May election. Motion to postpone - Burchard; Second - Lynch. Motion carried with a unanimous roll call vote. 16. COUNCIL COMMITFEE REPORTS ANIMAL ORDINANCE, TAX ABATEMENT, STUDY S.U.P. None 17. CITY MANAGER'S REPORT None 15 004333 '~RO~D:/7 William W.-Manning, Mayor ATFEST: Patti A. Hicks, CMC, City Secretary 16