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HomeMy WebLinkAbout11/15/1993 City Council00499o MINUTES OF THE CITY COUNCIL MEETING HELD ON NOVEMBER 15, 1993 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 15th day of November, 1993, at City Hall with the following Council roll call: William W. Manning, Mayor Absent Mike Lynch, Councilman Present Toby Pollard, Councilman Present Joe Agnew, Councilman Present Tom Bogan, Councilman Present John Dillard, Councilman Present Joel Marks, Mayor Pro-tern Present and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. PRESENTATION TO KID'S COLONY PLAYGROUND COMMITYEE Mayor Pro-tem Marks, referencing the building of Kid's Colony Playground, stated that something exciting has happened in our community and Councilman Lynch said it shows what can be done, and thanked the committee for their work. Councilman Pollard said he knows this project was a long pull which took lots of perseverance and said the city owes a debt of gratitude to the Kid's Colony Committee. Councilman Agnew thanked each person on the committee, stating they put their heart and soul into this project and that it made him proud to see the community pull together, noting he had never seen anything like this. Councilman Bogan said this project makes him proud to live in The Colony and thanked all the committee. Councilman Dillard noting it is hard to follow these statements, expressed his appreciation to the committee for their enthusiasm in seeing this project through. Bill Hall advised that we are recognizing special citizens tonight who put their all into getting the Kid's Colony Playground built and expressed thanks to all. Mayor Pro-tem Marks then presented Certificates of Service to the following Committee members: Debbie and Scott Satterlee - General Coordinators Cindy Waddell - General Coordinator Richard and Cheryl Kuether - Public Relations Chairpersons Mike and Marcia Carter - Fund Raising Chairpersons Heidi Karich - Children's Committee Chairperson Randy and Linda Morgan - Volunteers Chairpersons Natina Colegrove - Food Chairperson 4 John Whitesitt - Purchased Materials Chairperson Mike Moore - Tools Chairperson Sandy Shanholtzer - Child Care Chairperson Ivon and Mark Acevedo - Friends of the Playground Chairpersons Kathy Swanson, Robert and Julia Garcia, Suzanne Robbins and Debbie Parker At the time Debbie and Scott Satterlee were presented with their certificates, Patti Hicks, City Secretary, presented Debbie with a dozen yellow roses on behalf of the Committee to show their appreciation to her for seeing her dream to fruition. Not present were Karen Mattingly and Alisa Green, whose certificates will be forwarded to them. 16. MAYORAL PROCLAMATION DECLARING THE WEEK OF THANKSGIVING AS FAMILY WEEK Mayor Pro-tem Marks read the proclamation in it's entirety as follows" WHEREAS, the family is the basic strength of any free and orderly society; and WHEREAS, it is appropriate to honor the family as a unit essential to the continued well being of The Colony, Texas; and WHEREAS, it is fitting that official recognition be given to the importance of family loyalties and ties; NOW, THEREFORE, I, Joel Marks, Mayor Pro-tem, of the City of The Colony, do hereby proclaim the week of November 21, 1993, which is the week of Thanksgiving, as FAMILY WEEK And I and urge all people to consider joining in meaningful activities such as family discussions, home improvement projects, church attendance, recreational sports and family prayer; And I furthermore recommend that youth organizations, service clubs and other civic groups and churches feature speakers and activities during this week to focus attention on family solidarity. SIGNED AND SEALED this 15th day of November, 1993 Joel Marks, Mayor Pro-Tem, City of The Colony Bishop Jim Edwards and Bishop Dan Whitmire accepted the proclamation on behalf of the Church of Latter Day Saints of Jesus Christ, and told all present about "Family First" program being held at the Library on Wednesday, November 17, 1993 at 7:00 p.m. 3. PRESENTATION TO CITY SECRETARY Bill Hall, City Manager asked Patti Hicks, and her family, Ira and Melissa Hicks to come forward. Mr. Hall explained that earlier in the month, Ms. Hicks had been awarded the distinction of Municipal Clerk of the Year for the State of Texas. He went on to say that this award is given each year by the Texas Municipal Clerks Association, Inc., noting that nominations are received from cities all over the state. Mr. Hall stated that Ms. Hicks had been recognized at the Texas Municipal League Conference held in San Antonio last week and that Council and staff felt it would be appropriate to recognize her locally also. Ms. Hicks received the plaque and thanked the City Council, both the current council and those past councils for whom she has worked. She went on to thank all fellow employees, staff members, the community as a whole and her family for the support and encouragement given her during her career with the City of The Colony. 4. PUBLIC HEARING ON APPLICATION OF STEWART PENINSULA DEVELOPMENT PARTNERS, SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP AMENDED BY AMENDING APPENDIX A-ZONING OF THE CODE OF ORDINANCES BY GRANTING A CHANGE IN ZONING ON THE BELOW DESCRIBED PROPERTY, CURRENTLY ZONED AGRICULTURE (A) TO A SINGLE FAMILY - 4 (SF-4) CLASSIFICATION 40 ACRES OF PORTIONS OF TRACTS IN A181, A978 AND A244 LOCATED SOUTH OF THE INTERSECTION OF NORTH COLONY BOULEVARD AND ETHERIDGE DRIVE Motion to open the public hearing - Agnew, second - Bogan, All Aye. Bill Hall reminded council that this project had been discussed in a joint work session with Planning and Zoning and subsequently had been presented to Planning Zoning. Mr. van Til then stated that the Planning and Zoning Commission held a public hearing on this request on November 9, 1993 and that the Commission does recommend approval of this zoning request. Mr van Til said the SF-4 designation allows for a minimum of 7000 sq. ft. lots and 1500 sq. ft. dwellings, noting that the developer has proposed to develop homes in excess of 1900 sq. ft. on lots ranging from 7400 to 9600 sq ft. Mr. van Til said the application for rezoning requires a traffic impact analysis for which the developer has requested a waiver because the traffic analysis completed in 1987 in conjunction with the original zoning case on the total 205 acres, (which includes this 40 acres) had resulted in some improvements with which the developer is in agreement. Continuing, Mr. van Ti1 said those improvements are: 1. An additional left turn lane from north bound Main Street onto west bound North Colony. 6 2. A right turn lane from east bound on North Colony to south bound onto Main Street. Mr. van Til said not only have the developers agreed with these improvements, but these improvements have also qualified for state assistance which will provide 80% of the cost. Planning and Zoning has agreed with this request for a waiver of the traffic impact analysis. Truman Edminster, engineer for the project, said besides the more restrictive lot and home sizes for Single Family 4, they proposed a 10% minimum side yard, noting they want the flexibility of moving the house around on the lot to ensure being able to accommodate various entry styles. Mr. Edminster showed examples of homes which will be built by Goodman Homes and Hampton Homes. Mr. Edminster referenced the traffic study and the proposed improvements and Mr. van Til told the Council the improvements are scheduled for 1994, noting the grant will pay 80% and the developer will pay the other 20%. Discussion followed regarding the proposed lot sizes and front entry homes. Mr. Edminster assured council that the final plat will have no lot less than 65 feet across and that they are proposing only 12 of the 114 homes to have front entry garages. Councilman Bogan asked what the developer plans to do if the state does not follow through with the improvements and Mr. Edminster said they have pledged the 20% and are ready to proceed with the engineering for those improvements immediately. He went on to say he believes the construction is eminent through the State, stating also that phase one will only have 46 homes which will have a low impact on the traffic. Bob van Til assured the council that the state will complete these improvements. Further discussion regarding the drainage changes. Mr Edminster said that is really part of the preliminary plat process, but explained the problems with the drainage ditch at the end of Holden Cir. need to be corrected and their proposal will do that, assuring the council they will comply with all EPA regulations. Motion to close the public hearing - Agnew, second - Bogan, All Aye. 5. CONSIDERATION OF AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP AMENDED BY AMENDING APPENDIX A-ZONING OF THE CODE OF ORDINANCES BY GRANTING A CHANGE IN ZONING ON THE BELOW DESCRIBED PROPERTY, CURRENTLY ZONED AGRICULTURE (A) TO A SINGLE FAMILY - 4 (SF-4) CLASSIFICATION 40 ACRES OF PORTIONS OF TRACTS IN Al81, A978 AND A244 LOCATED SOUTH OF THE INTERSECTION OF NORTH COLONY BOULEVARD AND ETHERIDGE DRIVE Mayor Pro-tem Marks read the caption 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 BEING MORE FULLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM AGRICULTURE (A) TO SINGLE FAMILY 4 (SF-4); REQUIRING DEVELOPMENT OF THE TRACT 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 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 Lynch asked if the Master Thoroughfare Plan needs to be amended along with this zoning. Bill Hall advised that our thoroughfare plan reflects a 2 lane divided highway from Etheridge, running through this property, along side the lake, connecting with FM 423 and eventually with Hwy 121. Mr. Hall said his professional opinion after talking with developers and property owners is that roadway is not feasible. Mr. Hall said the construction would require bridges and a lot of funding that he does not see the City of the Colony having in the near future. He noted the amended plan will have to be brought to council for formal action at a later date. Motion to approve the ordinance granting a zoning change from Agricultural to Single Family 4 - Bogan; second - Agnew, carried with a unanimous roll call vote. 6. CONSIDERATION OF PRELIMINARY PLAT ON 40 ACRES OF PORTIONS OF TRACTS IN Al81 AND A244 LOCATED SOUTH OF THE INTERSECTION OF NORTH COLONY BOULEVARD AND ETHERIDGE DRIVE AS PRESENTED BY STEWART PENINSULA DEVELOPMENT PARTNERS Councilman Lynch questioned the changes in fire lanes and the obstruction of the views from certain lots, specifically those on Holden Cir. Mr. Edminster said the developer is requesting that no height restrictions be implemented. Both Councilmen Lynch and 8 Bogan said they recall an agreement that no 2 story homes would be built on the first two lots which are located behind Holden Cir. Rusty Nichols said the builders have requested that no height restriction be placed on the homes along the lake, noting that even a one story home could block the view because the new development is just slightly lower than Holden Cir. He said several residents were present at the Planning and Zoning meeting, including Ms. Redden, noting she is the only resident on Holden Cir. who would be effected by this development and that she indicated no problems with the proposed plan. David Rhodes, Landscape Engineer with Carter and Burgess explained the landscaping plan and showed elevations of the approach to the development as well as the entries along North Colony Blvd. Mr. Edminster said a Homeowner's Association will be established along with this development who will be responsible for maintaining all landscaping and the common area. He went on to request that the city allow them to landscape the city property just to the east of the development leading to the area. Mr. Edminster said the road improvements into Stewart Creek Park will be done along with phase 2 of the development and that the improvements to the intersection at Etheridge and N. Colony will be done with phase 1. Continuing, Mr. Edminster referenced the Master Thoroughfare Plan, agreeing with Mr. Hall that the road along the lake is not feasible. He pointed out the route the road would have to take, noting it would require crossing Corps of Engineer property in more than one area and approximately six to seven million dollars in bridges. Motion to approve the preliminary plat as presented - Bogan; second - Pollard, carried with a unanimous roll call vote. 7. PUBLIC HEARING ON APPLICATION OF DARYL SIEMENS, SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP AMENDED BY AMENDING APPENDIX A-ZONING OF THE CODE OF ORDINANCES BY GRANTING A CHANGE IN ZONING ON THE BELOW DESCRIBED PROPERTY, CURRENTLY ZONED LIGHT COMMERCIAL (LC) TO A HEAVY COMMERCIAL (HC) CLASSIFICATION 7608 NORTH MAIN STREET Motion to open the public hearing - Agnew; second - Lynch, All aye. Mr. Bob van Til explained that Mr. Siemens had received a Specific Use Permit (SUP) in August 1992 for the operation of a pawn shop on the named property, and that since the work had not begun on the shop by August 1993, the SUP expired. Mr. van Til said, however that in 1991 the legislature passed a law requiring that cities designate a particular zoning classification to accommodate pawn shops and that cities are no longer allowed to request a SUP for a pawn shop. Mr. van Til said pursuant to the new law, the City had designated Heavy Commercial as the zoning classification in which a pawn shop could operate. Going on, Mr. van Til stated that since Mr. Siemens' property is currently zoned Light Commercial, then what is being requested is a change to Heavy Commercial. Mr. van Til said this case went to Planning and Zoning on November 9, 1993 and received a favorable recommendation. Councilman Bogan said that Mr. Siemens has been through this process before and noted that nothing has changed since the previous approval for the pawn shop. After a very brief discussion, Mr. Siemens advised he has the money in the bank and is ready to build as soon as possible. Motion to close the public hearing - Agnew; second - Dillard, All aye. 8. CONSIDERATION OF AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP AMENDED BY AMENDING APPENDIX A-ZONING OF THE CODE OF ORDINANCES BY GRANTING A CHANGE IN ZONING ON THE BELOW DESCRIBED PROPERTY, CURRENTLY ZONED LIGHT COMMERCIAL (LC) TO A HEAVY COMMERCIAL (HC) CLASSIFICATION 7608 NORTH MAIN STREET Mayor Pro-tem Marks read the caption 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 BEING KNOWN AS 7608 NORTH MAIN STREET, THE ~ COLONY, DENTON COUNTY, TEXAS; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM LIGHT COMMERCIAL (LC) TO HEAVY COMMERCIAL (HC); 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, MORAI_~S 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 FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITI'ED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 10 ' Motion to approve the ordinance granting a zoning change from light commercial to heavy commercial - Bogan; second - Agnew, carried with a unanimous roll call vote. 9. CONSENT AGENDA Mayor Pro-tern Marks summarized the items on the consent agenda. Items B and C were pulled for further discussion. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD NOVEMBER 1 AND 8, 1993 Motion to approve the minutes as written - Agnew; second Bogan, carried with a unanimous roll call vote. B. CONSIDERATION OF ACCEPTANCE AND AWARD OF PROPOSALS FOR A HEALTH INSPECTOR AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Councilman Lynch clarified that the $16,500.00 is an annual contract price. Mr. Hall agreed, stating that the proposal had asked for hourly and annual costs, noting this was understood by both bidders. Councilman Agnew asked if the contract would start January 1, 1994 and Mr. Hall said it would. Motion to accept the proposals and award the contract to Judie Talbot as recommended and to approve the ordinance authorizing the contract - Lynch; second - Bogan, carried with a unanimous roll call vote. C. CONSIDERATION OF APPROVAL OF A CHANGE ORDER IN THE CONTRACT WITH R.B.I. FOR THE CONSTRUCTION OF BILL ALLEN MEMORIAL PARK Councilman Bogan expressed concern over planting grass so late in the season. Mr. Rhodes with Carter and Burgess said it is too late for bermuda, but not too late for rye, noting the planting of rye will provide erosion control during the winter. Mr. Rhodes said he believes there will be a stand of rye if planted now. Councilman Lynch asked if bermuda will be planted in the spring, and if so why rye now. Mr. Rhodes said the erosion control, (planting of rye) was taken out of the contract originally, but since the construction has taken a little longer than expected, the erosion control is needed. He reiterated that Change Order #1 eliminated erosion control and now it needs to be added back in by this change order. Councilman Bogan asked if the grass does not come up will the city then have to pay for erosion control. Mr. Rhodes said, by contract, it is the contractor's responsibility to establish the stand of rye grass, and that he is sure they will accomplish that. 11 Motion to approve the change order as recommended - Bogan; second - Dillard, carried with a unanimous roll call vote. 10. CONSIDERATION OF APPROPRIATE ACTION RELATING TO P.H.G.A. DEVELOPMENT WITH REGARD TO A PROPOSED DRIVING RANGE Mr. Bill Hall said he has not received any of the required documents from Ms. Laura Allison, nor did Ms. Allison call to say that she would not be here tonight. Mr. Hall said it is staff's recommendation to terminate all negotiations with P.H.G.A. Development, noting that he has been contacted by three other developers interested in pursuing this project. It was decided the approval for seeking proposals should be put on the November 22, 1993 Special Session agenda. Motion to terminate negotiations with P.H.G.A. - Lynch; second - Agnew, carried with a unanimous roll call vote. 11. RECEIVE AND CONSIDERATION OF RECOMMENDATIONS REGARDING THE SHELTER LOCATED AT PERRYMAN PARK Ms. Sylvia Brantley explained that after evaluation of the shelter at the park, staff recommends removing the existing structure and replacing it with a new one. Ms. Brantley recommended re-allocating park bond funds in the amount of $1645.00 to pay for the new Vic Loc 20-24 steel top shelter. ,"-"' Motion to approve the re-allocation of park bond funds as recommend - Lynch; second - Bogan, carried with a unanimous roll call vote. 12. CONSIDERATION OF NOMINATION FOR MEMBERSHIP ON THE DENTON CENTRAL APPRAISAL REVIEW BOARD After a brief discussion it was decided this item should be postponed. Motion to postpone to the November 22, 1993 Special Session - Lynch; second - Dillard, carried with a unanimous roll call vote. 13. CITIZEN INPUT - None 14. COUNCIL COMMITTEE REPORTS - The Fees committee met November 12, 1993 and will be bringing a recommendation to council at the December 6, 1993 meeting. 15. CITY MANAGER'S REPORT 1. There will be a Board and Commissions reception November 29, 1993 at the City Hall for all persons interested in serving on an advisory board. All board members and 12 council are asked to attend to answer questions of perspective members. 2. Hwy 121 - proposed completion in 3 weeks. Contract for Hwy 121 from Legacy to Hwy 289 (Preston) is being let now. Toll Road access roads are now open to Hwy 121. 3. Hwy 121 by-pass is still progressing. There is a proposal to make Hwy 121 a tollway. Commissioner Jacobs and City of Lewisville have publicly stated opposition. Recommend resolution on December 6, 1993 to oppose this proposal. The Colony has worked for 10 years to see this road open and a tollway would not enhance development in our city. 4. Tom Cravens, Hal Jones and members of council have recently toured several wastewater treatment facilities. Cost estimates are being prepared now and a full report will be brought to council soon. 5. Council approved the re-bid of painting of the overhead storage tank recently, but due to estimated costs, it has been determined the project cannot be done for what was originally stated. There will need to be some discussion and a decision regarding this project and the by-pass at the ground storage tank at Office Creek. An item will be on the December 6, 1993 agenda. 6. Buttons have been put down on the northbound side of Paige Rd. from 121 to s. Colony. The other side will be done soon. Staff has found a new product that can be installed in house for much less money. William W l¥~anmng, Mayor ATTEST: Patti A. Hicks, TRMC, City Secretary 13