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HomeMy WebLinkAbout06/20/1994 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON JUNE 20, 1994 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 20th day of June, 1994, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Mayor Pro-Tern Present (left at 10:00 p.m.) Toby Pollard, Councilman Present Kay Hardin, Councilman Present Rob Burchard, Councilman Present John Dillard, Councilman Present Lynda Tate, Councilman Absent and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. PRESENTATION OF EMPLOYEE RECOGNITION AWARDS At this time Mayor Manning and Margaret Burkett, Personnel Director presented gifts or certificates of appreciation to the following employees. Patti Hicks received a plaque for 15 years of service. These persons received gifts: Linn Dixon - 10 years, George Wintle, Robert Fraser, Alan Orr, Elise Knox and Joe Green - 8 years, Alan Brewer - 5 years, David Swain, Joy Morrison, Emily Palmer - 3 years. Certificates were presented to: Don Draxlir, Darren Brockway, Betty Phillips, Cathy Wood and Bobby Hollis- 2 years. Johnny Smith stated that employees are the back bone of the city and that he is proud of the dedication and service of these employees. 3. PUBLIC HEARING ON APPLICATION OF STEWART DEVELOPMENT PARTNERS SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF THE COLONY AMENDED BY GRANTING A CHANGE IN ZONING ON BELOW DESCRIBED PROPERTY, CURRENTLY ZONED AGRICULTURAL TO PLANNED DEVELOPMENT (PD) WITH SINGLE FAMILY CLASSIFICATION 193.476 ACRES GENERALLY LOCATED WEST OF ETHERIDGE DRIVE, SOUTH OF NORTH COLONY BOULEVARD AND NORTH OF STEWART CREEK PARK Motion to open the public hearing - Lynch; second Dillard - All Ayes. 4 005190 Truman Edminster with Carter and Burgess representing Stewart Peninsula Development advised the council that besides the continuation of the South Shore development, the company is presenting the following subdivisions: North Shore, Pinnacle, The Village and a Recreation Corridor. Mr. Edminster said the concerns from the work sessions have been addressed, noting that in section C-1 if single family attached are approved, the site plan will be brought to council for approval before construction begins. Mr. Edminster asked for a waiver of the required traffic study since one was done in 1986 for a development which proposed a higher density than this plan. General discussion followed regarding the property exchange with L.I.S.D. If another school is needed in this area, the developer will work with L.I.S.D. to provide the land. Size of the streets, proposed jogging trail, improvements to the 423/N.Colony intersection and the width of Etheridge Drive were discussed. Mr. Edminster informed the Council that his firm will be designing the intersection improvements as the city's 20% of the project and that he is sure there is room for a double left turn lane, northbound, onto N. Colony from FM 423. Discussion regarding density transfer. Mr. Edminster reminded the council that transfer only effects lot size, not home size and proposed a decrease of no more than 15% of it's width with a 50 foot minimum except in section C-1. Councilman Pollard inquired about a list of required list of deviations from the standard zoning regulations. Mr. Edminster said with the exception of lot sizes described in the P.D. there are no other deviations from the SF-4 zoning regulations. Mr. Edminster did state other deviations are possible in certain tracts to be developed later, but they will be subject to site plan approval. Mr. Rusty Nichols with Stewart Peninsula said the recreation area may be changed but they anticipate a pool, playground, parking lot, etc. He said the homeowners association will handle the maintenance and went on to say the City Attorney has reviewed those documents. He noted that residents in the other subdivisions will be obligated to join, but residents of South Shore will have the option of joining the association because at the time the builders committed to build South Shore the recreation area was not in the plans. Further discussion regarding traffic concerns, especially around the school, screening from the school, and landscaping. Councilman Burchard asked what type of screening would be placed between the school and the residences adjacent to the school. Mr. Nichols advised that the developer has already agreed to reconfigure the fencing currently around the school and that when the homes are built there will be fencing in the back yards. He went on to say there would probably some landscaping done. Councilman Dillard said he does not think the developer should be totally responsible for improvements to school property, going on to say that L.I.S.D. should take some of that responsibility. Councilman Dillard said the plan had been very professionally and well done and that he couldn't wait to see it complete. Betty Quinnell, 5544 Gates, said she thought Johnny Smith's main concern was to bring industry into The Colony, stating this plan is only for homes. Mr. Smith said his main goal is business and industry. Joyce Fulco, 4712 Clover Valley, suggested the council go to Dr. Downing with L.I.S.D. themselves and find out the plans for the school in this area. Gary_ McClure, 4925 Roberts, said this sounds very exciting and asked if a traffic 00519. study had been done including this area and the Ridgepointe subdivision since both impact FM 423 and Hwy. 121. Mayor Manning said the study done for this area was for a higher density development proposed earlier on this property and that Ridgepointe did not exist at that time. Councilman Lynch stated the corrections noted need to be attached to the ordinance. Mr. Edminster said he will prepare a whole new book as Exhibit "A" of the ordinance. Motion to close the public hearing - Lynch; second Dillard - All Ayes. 4. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD JUNE 6 AND 13, 1994 Councilman Lynch asked if the correction he ask about earlier this date had been made to the June 6, 1994 minutes. City Secretary Patti Hicks said she did not change the minutes because they reflect what was said. Councilman Lynch noted that the figures are not correct. Mr. Smith said these minutes can reflect what was in the handout for the June 6 meeting and that will be the correct figures. (See Attachment "A"). Motion to approve the minutes - Lynch; second Burchard, carried with a unanimous roll call vote. B. CONSIDERATION OF A RESOLUTION SUPPORTING THE WIDENING OF FARM TO MARKET ROAD 423 (MAIN STREET) FROM NORTH COLONY BOULEVARD TO STEWART CREEK Motion to approve the resolution as written - Lynch; second Burchard, carried with a unanimous roll call vote. C. CONSIDERATION OF AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF THE COLONY BY GRANTING A CHANGE IN ZONING ON THE BELOW DESCRIBED PROPERTY CURRENTLY ZONED AGRICULTURAL TO A PLANNED DEVELOPMENT (PD) WITH SINGLE FAMILY CLASSIFICATION 193.476 ACRES GENERALLY LOCATED WEST OF ETHERIDGE DRIVE, SOUTH OF NORTH COLONY BOULEVARD AND NORTH OF STEWART CREEK PARK Councilman Lynch stated the developer will make the changes to be reflected in Exhibit "A" of the ordinance. Motion to approve the ordinance as written - Lynch; second Burchard, carried with a 6 unanimous roll call vote. D. CONSIDERATION OF A RESOLUTION SUPPORTING A GRANT APPLICATION TO THE TEXAS NATURAL RESOURCES CONSERVATION COMMISSION RELATING TO RECYCLING Motion to approve the resolution as written - Lynch; second Burchard, carried with a unanimous roll call vote. E. CONSIDERATION OF A RESOLUTION ACCEPTING THE KID'S COLONY PLAYGROUND FROM THE KID'S COLONY PLAYGROUND COMMITI'EE Motion to approve the resolution as written - Lynch; second Burchard, carried with a unanimous roll call vote. 5. CONSIDERATION OF A RESOLUTION SUSPENDING TEXAS UTILITIES ELECTRIC COMPANY'S PROPOSED RIDER - ECONOMIC DEVELOPMENT SERVICE, RATE - GENERAL SERVICE COMPETITIVE PRICING, RATE - WHOLESALE POWER COMPETITIVE PRICING AND RIDER ENVIRONMENTAL TECHNOLOGY SERVICE FOR 90 DAYS Mr. Smith stated this resolution, which suspends the rate for 90 days so the Council can hold a work session with T.U.E., was requested and agreed to by T.U.E. Mr. Smith introduced Jimmy D. McCormick T.U.E. representative. Motion to approve the resolution as written - Burchard; second Hardin, carried with a unanimous roll call vote. 6. PRESENTATION BY NORTH TEXAS MUNICIPAL WATER DISTRICT AND CONSIDERATION OF APPROPRIATE ACTION Mr. Smith said representatives from the North Texas Municipal Water District will make a presentation and then if the Council desires, a work session will be scheduled to discuss the scope of services for water distribution and wastewater operations. David Stevens and David Morgan explained the history of the District and gave a general overview of the services provided to member and customer cities, including solid waste, water treatment and supply, and wastewater treatment and operations. N.T.M.W.D. is a non profit special district whose overriding concern and responsibility is the protection of water quality and quantity to meet the needs of cities, now and in the future. The Board of Directors is appointed by the participating cities. Also discussed was the possibility of selling bonds through N.T.M.W.D. to finance the wastewater treatment expansion. Mr. Smith requested a work session to discuss ways to ..-, help save the city money through N.T.M.W.D. A work session was set for June 27, 1994. 7. CONSIDERATION OF APPROPRIATE ACTION WITH REGARD TO CONTRACT WITH WASTELINE ENGINEERING FOR CONSTRUCTION OF WASTEWATER TREATMENT FACILITY Mr. Smith said he and Tom Cravens have reviewed the contract with Mr. Breisch and with the city attorney and stated that he wants any changes made tonight to be reviewed by the city attorney as well. Lengthy discussion regarding the engineering fees. Councilman Lynch said would like to see it below 10% of the overall project costs. Mr. Breisch said their fees are already lower than the percentage recommended by the State Board of Engineers, which is 14% He said this fee of $928,000 was reached through negotiations with Mr. Smith and Mr. Cravens. Lengthy discussion followed regarding the items included in this contract price. It was noted that this calls for a separate bid to pre-purchase the equipment which will save money. Mayor Manning asked Mr. Smith if he felt this is a fair price. Mr. Smith said he understands where the figures come from but that he thinks the percentage is high and that from his experience it should be 8 - 9%, therefore the fee is too high. Councilman Pollard asked if the fee can be reduced and Mr. Breisch said there is some latitude, noting he is surprised at Mr. Smith's comments. Councilman Pollard said he thought the fee was fixed, not a percentage and Mr. Breisch stated it is fixed. Mr. Smith said he does understand where the fee comes from and that he thinks it has been fairly presented, but that he thinks the fee is too high. Mayor Manning suggested postponing action on this item until after the work session with N.T.M.W.D., stating that perhaps the two can work together to save the city some money. Councilman Dillard said a decision needs to be made because we have been stringing Mr. Breisch along for some time. Mayor Manning said we need to look at what N.T.M.W.D. can offer before we make a decision. Mr. Smith apologized for the "eleventh hour" presentation by N.T.M.W.D., but said he has seen savings, noting it may not have anything to do with construction but it certainly would help with operations. Mr. Smith said our wastewater plant is over staffed, has high operations costs and that he thinks we can save money through N.T.M.W.D. Councilman Pollard said no matter what we do with operations we will build an interchannel clarifier. Mayor Manning invited Mr. Breisch to attend the work session with N.T.M.W.D. and directed that the final action on this contract be placed on the same agenda. 8. CITIZEN INPUT - None 9. CITY MANAGER AND STAFF REPORTS 8 00520 1. Mr. Smith broadcast live at 7:10 on Channel 6 to keep the public informed about activities of the city. 2. Councilman Lynda Tate has been very sick. 3. A street sweeper will be in this week to clean the major streets. 4. Mayor Manning asked that all councilmembers take the zoning map and draw in their own idea of how the empty property should be developed. He said he would like a consensus on that as soon as possible. With no further business to address, Mayor Manning adjourned the meeting at 10:35 p.m. APPROVED: Wil~ar~ Wi Manning, ATI'EST: Patti A. Hicks, TRMC, City Secretary 00520o ATTACHMENT "A" CYYY OF ~ COLONY BUDGETED WAGE INCREASE (5%) 1994-95 BUDGET YEAR GENERAL FUND Salaries $ 70,126 Benefits 17.532 Total $ 87,658 ENTERPRISE FUND Salaries $19,982 Benefits 4.995 Total $ 24,977 11