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HomeMy WebLinkAbout09/12/1994 City Council 00 34'/ MINUTES OF THE CITY COUNCIL MEETING HELD ON SEPTEMBER 12, 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 12th day of September, 1994, at City Hall with the following Council roll call: William W. Manning, Mayor Absent Mike Lynch, Mayor Pro-Tem Present Toby Pollard, Councilman Present Kay Hardin, Councilman Present Rob Burchard, Councilman Present John Dillard, Councilman Present Lynda Tate, Councilman Present and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Jerry Roone¥, 5301 Sagers, addressed the council regarding several concerns including uncut grass in the T.U.E. easement and drainage ditch, bushes at Perryman Park have finally been cut and a broken sprinkler at Perryman Park which he reported 3 weeks ago that hasn't been repaired. Mr. Rooney said he trusts the city will pursue the marina and the Dal-Mac project, stating this city must grow. Joel Marks, 5622 Foster, also addressed several items: 1. Police firing range - don't do it.; 2. Police Take Home Car Policy - Keep it, it helps with crime problems and without it response time will not be as good; 3. Lewisville State Park - Can we take care of another park? 4. Fire Station No. 2 - Best kept lawn in The Colony. That person should take care of all city property. Richard Vaughn, 5020 Lake Shore, spoke about the "In My Opinion" article in The Colony Leader by The Colony Bay Marina Developers, stating that they are blowing smoke and they don't address the safety issues surrounding the marina. 11. DISCUSSION OF THE DRAINAGE PLANS APPROVED IN THE FINAL PLAT FOR THE SOUTHSHORE DEVELOPMENT, PHASE I, AND CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THIS DISCUSSION Mayor Pro-tem Lynch said that questions had arisen involving the drainage plans as approved in the final plat for Southshore, Phase I. Mr. Truman Edminster with Carter and Burgess, engineering firm for the developer said the drainage had been addressed several 5 oo a4a months ago and at that time, it was decided to leave the channel open. Mr. Edminster said now, all concerned believe the channel needs to be improved. Mr. Edminster said the -"-' project is 90% complete and is in the last phases of those improvements. Councilman Burchard asked if the floor is concrete and if it is too rough for skateboards. Mr. Edminster said the floor and up to 2 feet on the sides is concrete and that the surface can be roughed up to discourage kids. He did say however, that blocking it could cause flooding. Councilman Burchard suggests shrubs around all open sides and Mr. Edminster said they can do that. Mr. Smith cautioned about placing shrubs around the front to hamper the view of patrolling police officers. Mr. Edminster said they plan to leave the existing chain link fence in place and put holly around the other sides. No action was taken on this item. 3. PUBLIC HEARING ON APPLICATION OF GUARANTY NATIONAL BANK FOR A REPLAT OF CENTRE ADDITION NUMBER 1, GENERALLY LOCATED AT THE INTERSECTION OF DAILY STREET AND F.M. 423 (MAIN STREET) Motion to open the public hearing - Burchard; second - Dillard, All Ayes. Mr. Tom Cravens said Guaranty National Bank has purchased the existing building at the corner of FM 423 and Daily Drive for the purpose of operating a bank. The property is currently platted as Centre Addition #1, however the bank has purchased additional property and are requesting a replat of the entire tract. Mr. Cravens went on to state that -"-' Daily Drive was not dedicated to the City at the time of the original plat, but it will be dedicated as part of this replat. Mr. Cravens stated the Planning and Zoning Commission has reviewed and does recommend approval of this replat request. After a brief discussion, the public hearing was closed. Motion to close the public hearing - Burehard; second - Dillard, All Ayes. 4. CONSIDERATION OF APPROVAL OF THE REPLAT OF CENTRE ADDITION NUMBER 1 AS REQUESTED BY GUARANTY NATIONAL BANK Motion to approve the replat as requested - Pollard; second - Burchard; carried with a unanimous roll call vote. 5. PUBLIC HEARING ON APPLICATION OF TRIPLE A OIL CO., INC. SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP AMENDED BY AMENDING APPENDIX A-ZONING OF THE COLONY CODE OF ORDINANCES BY GRANTING A CHANGE IN ZONING ON THE BELOW DESCRIBED PROPERTY, CURRENTLY ZONED SHOPPING CENTER (SC), BY GIVING THE BELOW DESCRIBED PROPERTY A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOL, INCLUDING BEER AND WINE FOR OFF-PREMISE CONSUMPTION -- 005340 4920 MAIN STREET Motion to open the public hearing - Burchard; second - Dillard, All Ayes. Tom Cravens stated that Triple A Oil company has purchased the existing building at the southeast corner of FM 423 and S. Colony to operate a gas station and convenience store. Mr. Cravens noted that previously this location was occupied by Stop n Go who did have a S.U.P. for the sale of beer and wine for off-premise consumption, which expired after the property was vacated. Continuing, Mr. Cravens said Triple A Oil Co. has requested a S.U.P. for the sale of beer and wine for off-premise consumption. He said the Planning and Zoning Commission has reviewed this request and has recommended approval, with the stipulation that the business be open and operating by December 31, 1994. Councilman Burchard ask Jim Woodson, representative of Triple A, when they plan to be open and Mr. Woodson replied December 1994. Motion to close the public hearing - Burchard; second - Dillard, All Ayes. 6. 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 SHOPPING CENTER, BY GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOL, INCLUDING BEER AND WINE FOR OFF-PREMISE CONSUMPTION 4920 MAIN STREET Mayor Pro-tem Lynch read the caption of the ordinance in it's entirety as follows: AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ORDINANCE NO. 61, AS AMENDED, PASSED AND APPROVED ON JUNE 4, 1979, THE SAME BEING APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY GRANTING AND APPROVING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOL INCLUDING BEER AND WINE FOR OFF-PREMISE CONSUMPTION, IN THE SC, SHOPPING CENTER DISTRICT AND LOCATED WITHIN THE AREA OF THE STRUCTURE DESIGNATED ON THE SITE PLAN ATrACHED AS EXHIBIT "A": LOCATED AT 4920 MAIN STREET(FM 423); PROVIDING FOR CERTAIN CONDITIONS OF APPROVAL; REQUIRING COMPLIANCE WITH THE SITE PLAN; CORRECTING THE OFFICIAL COMPREHENSIVE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGE AND AMENDMENT HEREIN MADE; 7 005300 PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR 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 Motion to approve the ordinance as written - Burchard; second - Tate, carried with a unanimous roll call vote. 7. PUBLIC HEARING ON APPLICATION OF RICHARD FERRARA ARCHITECT, INC. SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP AMENDED BY AMENDING APPENDIX A-ZONING OF THE COLONY CODE OF ORDINANCES BY GRANTING A CHANGE IN ZONING ON THE BELOW DESCRIBED PROPERTY, CURRENTLY ZONED BUSINESS PARK (BP) AND INDUSTRIAL (I) TO A PLANNED DEVELOPMENT (PD) CLASSIFICATION WITH MIXED USES APPROXIMATELY 1100 ACRES GENERALLY LOCATED NORTH AND SOUTH OF STATE HIGHWAY 121 BETWEEN PAIGE ROAD AND THE BURLINGTON NORTHERN RAILROAD Motion to open the public hearing - Burchard; second - Dillard, all ayes. Mr. Smith said we have been working for several weeks with all parties involved in this development and have attempted to answer all concerns, especially the concern regarding apartments. Mr. Smith said he has received an apartment inspection ordinance from the City of Richardson and that we will be putting a similar one in place very soon. Mr. Smith continued, stating that Planning and Zoning has approved the plan as agreed to by Dal-Mac and Robert Reeves. Mr. Smith said he has contacted the City of Frisco regarding the opening of N. Colony and a meeting will be set soon to discuss this with Frisco, Burlington Northern Railroad, the Texas Highway Department and our traffic consultants. Mr. Smith noted that the extension of N. Colony to SH 121 is in Frisco's thoroughfare plan. Mr. Smith said there was a concern about traffic problems during peak times at the intersection of the proposed extension of Morningstar at 121 if we don't get a crossing of North or South Colony Boulevards at 121. Continuing, he said if traffic counts show it is necessary, a traffic light can be installed at that location and a median cut will allow left and right turns. Mr. Smith said after more details are known, Mr. Frieble, traffic engineer, will be able to expand on those possibilities. Mr. Smith said Councilman Burchard had questioned brick requirements and that staff is checking into these. Mr. Smith stated that staff and the developer have agreed that when approved, the ordinance will include a provision that the developer provides plans on computer disks. Councilman Hardin asked how many multi-family units are proposed and Mr. Ferrara 8 said the base is 1000 with a maximum of 1540, which will be included in 2 complexes north of SH 121 and 3 south of SH 121. Councilman Pollard asked if we will maintain a level C & D if North and South Colony Boulevards are not extended and Mr. Ferrara said yes those levels will be maintained with the plan as it is. Mr. Ferrara gave an overview of the conceptual plan, roadways, and changes in the plan as a result of the Planning and Zoning meeting. Mr. Ferrara said Dal-Mac encourages the construction of high quality apartments in this development. Councilman Burchard said the current brick requirement is 75% and that he plans to bring in a recommendation to make that 100% for residential construction in the next few weeks. Councilman Burchard noted that if this Planned Development ordinance is approved with 75% then we will have to abide by that in this development. Mr. Ferrara compared points in the Flower Mound ordinance and The Colony ordinance with regard to masonry requirements. He said any recommendation made should be considered carefully regarding certain architectural styles. He said most cities consider stucco a masonry product and if The Colony does, then he suggests allowing a synthetic product in place of traditional stucco. Mr. Ferrara said he is willing to work with the city to establish guidelines and will bring them back with the ordinance in a few weeks. Mr. Smith said the council can approve the conceptual plan and conditions with the understanding that changes are to be made before the ordinance is approved. Councilman Burchard expressed concern with traffic and asked how they plan to address a potential bottleneck at Morningstar. Mr. Ferrara said we must remember that all the construction will not happen at one time. Further discussion followed regarding various plans to accommodate traffic. Councilman Pollard asked if the developer would help pay for a sign at Morningstar and SH 121. Mr. Ferrara said a pro-rata share could be established. Councilman Dillard said the park and school tract will be the centerpiece of this project and that he doesn't want it to be a burden on the City and LISD to develop. Mr. Ferrara said the park land will be dedicated to the city and that several ways have been discussed regarding helping with the development of the park. Kay McDonald, 5208 Hawse, asked what the citizens are going to get out of this development and expressed concern with the exceptions to masonry restrictions. Mr. Smith said most questions are being addressed and will be in detail before the ordinance is passed. He said The Colony has had 1100 acres for several years as agricultural use and over the next several years we will see that property developed which will ease the tax burden to the residents. Mr. Smith noted than when the property changes from agricultural to another use, the taxes on the property will be higher. The city will benefit from sales tax and franchise taxes and the owner must pay roll back taxes for. 5 years when the agricultural use changes. Councilman Dillard said we mentioned parks and talked about apartments earlier and noted that Dal-Mac is donating the land for the park and have already offered to help us develop it. He said this is going to be a key point in this development because when people are seeking to move into a community they usually want to know where the schools and parks are located. Councilman Dillard said with this area already set aside, future homeowners and business owners can see where this area will be located. He went on to 9 005352 say Dal-Mac wants to develop this property which IBM has owned for 10 years and benefitted the city with agricultural tax revenue only. He said if IBM had built on this property, we would probably be saddled with a huge, unsuccessful development such as they built in Southlake. Councilman Dillard said Mr. Ferrara's designs are far better than those found in the Southlake development and suggested people go to Richardson and take a look at the Northern Telecom development to see an example of his work and with his hand on this, we will all be pleased with what is going to develop along SH 121. Dick Weaver, 4940 Hackney, said one problem we had before with apartments was traffic, but it appears DM-Mac has planned for that and stated he is very pleased with the plan which can only be good for The Colony. He went on to say that many senior citizens have moved out of the City because there is not affordable housing and apartments could help with that problem. Rich Lewis, 5013 Ashlock, said if citizens seem skeptical it is only because they want to be sure it is done right and asked in what order development will occur. Mr. Ferrara said the initial action on the property will be infrastructure and thoroughfares. Mr. Ferrara estimated the cost of off-site utilities at $350,000 to $400,000. Mr. Lewis asked Councilman Pollard specifically, about certain business that are interested in coming out here, asking what type of business they are. Mr. Lewis said he is concerned that this business will be built, hoping they will come and then they don't. Councilman Pollard said he doesn't think the developer is going to spend around $22 million to purchase this property without looking at the economics of the project. He said they are going to develop it and you can see what they have done around the Metroplex. Councilman Pollard said Dal-Mac is a world class developer and they won't start building something that is going to remain vacant. Councilman Pollard continued, stating Dal-Mac has looked at this very closely and feel that with the proper mix of single family uses and retail shopping center they can put together a master planned development that will be the start of a true business tax base in The Colony. Councilman Pollard said the we wanted to make sure this 1100 acres is developed with enough business zoning retained to have a tax base to relieve the homeowners, and went on to say Dal-Mac has provided for industrial use, business park, offices, and multi-family. He said this development will bring in a lot of revenue, help us balance our budget, provide avenues for growth, add sales tax and encourage economic development throughout the area. Councilman Pollard said he is not aware of any particular businesses and that he is not sure it would be appropriate to name specific companies at this point, because of confidentiality. He again stated, that Dal-Mac will not make this kind of investment without some assurances they will get a return on that investment. Alan Laudermilch, 5809 Turner, asked what revenue this will bring to the city and if there has been a detailed cost study regarding the costs the city will incur for water, sewer, police and fire. Mr. Smith said this has been studied in as much detail as possible without knowing exactly what will be developed, stating that we will have to add services and those will be planned as the city develops. Mary Watts, 7008 Sample, said she is very much for this development, that Dal-Mac is a quality developer and very much aware of the impact this will have on the city. Ms. Watts said she welcomes this type of development, the multi-family areas, improved 10 005353 roadways and that she is 100% for it. Jerry Biggs, 5201 S. Colony, owner of the Mashed Potato Cafe said as a business owner, new development is needed in this part of town. He said his cafe has been open 6 weeks and this area of the city is very much alive. Mr. Biggs said this is the only city in the area without multi-family. He said he is on the Board of Directors for the Chamber of Commerce and they are working hard to get development off dead center in The Colony. Mr. Biggs said Dal-Mac is a quality company and offered to help in any way he could. Cathy Wood, 4909 Avery Cir., read a prepared statement to the Council, giving a brief history of how the city has grown. She urged the Council to do what is right for The Colony. She said the City needs to change to a pro-growth city and that we need more tax base. Ms. Wood said the city also needs multi family. Ms. Wood implored the Council to approve this zoning request. Motion to close the public hearing - Burchard; second - Dillard, all ayes. 8. CONSIDERATION AND ACTION ON THE PLANNED DEVELOPMENT DISTRICT CONDITIONS AND CONCEPTUAL PLAN ON APPROXIMATELY 1100 ACRES GENERALLY LOCATED NORTH AND SOUTH OF STATE HIGHWAY 121 BETWEEN PAIGE ROAD AND THE BURLINGTON NORTHERN RAILROAD, AS PRESENTED BY RICHARD FERRARA ARCHITECT, INC. Motion to approve - Pollard; second - Dillard. Councilman Burchard asked that the motion include changes regarding masonry requirements. Amended motion to approve with modifications regarding masonry requirements before bringing the final ordinance for approval - Pollard; second - Dillard carried with a unanimous roll call vote. 9. CONSENT AGENDA Mayor Pro-tem Lynch summarized the items on the Consent Agenda. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD AUGUST 8, 15, 20, 22, 24, 27, AND 29, 1994 Councilman Pollard pulled the minutes of August 15 and 20, 1994. Motion to approve the minutes of August 8, 22, 24, 27 and 29, 1994 as written - Pollard; second - Tate; carried with a unanimous roll call vote. Councilman Pollard said he needed time to review the minutes of August 15 and 20, 1994. 11 00535 Motion to postpone the minutes of August 15 and 20, 1994 until the next regular meeting - Pollard; second - Burchard, carried with a unanimous roll call vote. B. CONSIDERATION OF RATIFICATION OF A RESOLUTION REQUESTING THE TEXAS DEPARTMENT OF TRANSPORTATION AND THE TEXAS TRANSPORTATION COMMISSION TO REINSTATE THE S.H. 121 BYPASS PROJECT INTO THE 1995 TRANSPORTATION IMPROVEMENT PLAN FOR FULL FUNDING Motion to approve the resolution as written - Pollard; second - Tate, carried with a unanimous roll call vote. C. CONSIDERATION OF ACCEPTING A LETI'ER OF RESIGNATION FROM VERN ROBERTS FROM THE PARKS AND RECREATION BOARD Motion to accept the resignation - Pollard; second - Tate, carried with a unanimous roll call vote. D. CONSIDERATION OF A RESOLUTION ADOPTING AN EXCEPTION TO ROBERTS RULES OF ORDER Councilman Pollard said we only have a verbal ruling on this exception. Motion to postpone this resolution until we have a written ruling - Pollard; second - Hardin, carried with a unanimous roll call vote. E. CONSIDERATION OF RENEWAL OF THE CONTRACT WITH THE GATE ATTENDANT AT STEWART CREEK PARK FOR THE 1994-95 FISCAL YEAR Motion to approve the contract - Pollard; second - Tate, carried with a unanimous roll call vote. F. CONSIDERATION OF ACTION REGARDING JANITORIAL BIDS RECEIVED AND OPENED SEPTEMBER 1, 1994 Motion to reject all bids and authorize re-bidding of this contract - Dillard; second - Pollard, carried with a unanimous roll call vote. G. CONSIDERATION OF APPROVAL OF AN INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE FOR PROVISION OF EMPLOYEE INSURANCE COVERAGE Motion to approve renewal of interlocal contract with TML for employee insurance - 12 005''=''O=O Pollard; second - Tate, carried with a unanimous roll call vote. !0. CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NORTH TEXAS MUNICIPAL WATER DISTRICT FOR THE OPERATION OF THE WASTEWATER TREATMENT FACILITY Mr. Smith said the revised agreement addresses the change regarding the purchase of property and stated the maximum amount will be $495,000, noting, it will probably be less. Councilman Burchard asked about the indemnity clause noting that he wants to see mutual indemnity for both the City and NTMWD. Mr. Smith said the contract does that except for their (NTMWD) acts of negligence. Councilman Burchard said we will still have to pay according to the contract and Mr. Smith said he will work on having it amended. Coundlman Pollard asked about a membership fee, dting an example of a group who came to the city a few years ago and requested a membership fee. Mr. Smith said there is no membership fee. Councilman Pollard asked if NTMWD has had any violations from the State or EPA, and then stated that NTMWD operates in Frisco under a toxicity violation per the EPA. He asked how this would impact The Colony. Mr. Smith said NTMWD would responsible for operating under our permit. Councilman Pollard noted the tentative budget reflects an annual savings of $65,000 to $70,000 and said the only difference is 2 less people than we currently have. He asked if they can manage the plant without letting it fall into disrepair and Mr. Smith said if they do not, then we can terminate the contract. Councilman Pollard asked to have the condition of the plant at the effective date of this contract added as a part of the contract. Mr. Smith advised that timing is crucial but he will have a walk through done at the plant and make the findings a part of the record. Councilman Tate asked if the city would be responsible if there is a violation to our permit and Mr. Smith said it is our plant, and if it is due to our negligence then we could be responsible. Councilman Tate then asked if the truck driver is one of the two employees and Mr. Smith replied that he is. Councilman Tate said she thought the costs would be cut in half and Mr. Smith reminded her that the budget last year was $785,000 and that staff has already been cutting our costs, which will mean a substantial savings this year. Councilman Dillard stated that if the City is not happy with this contract we can give 30 days notice and terminate the agreement. Councilman Pollard then said Section 10 negates the hold harmless section and asked that it be changed to read "outside of their negligence". Mr. Smith agreed that he would ask for that change. Councilman Lynch also asked that a time of response in relation to negligence be added. Councilman Burchard said a court would determine if they were negligent and Councilman Lynch agreed. Motion to authorize the City Manager to finalize the contract with NTMWD with changes in Sections 9 and 10 - Burchard; second - Dillard. Mr. Smith said the proposed budget and clarifications will be brought back to council. Councilman Tate asked the difference in our budget and this budget and Mr. Smith said last year was $785,000 and this is estimated at $495,000 which he thinks is high. 13 Councilman Dillard called the questions, the vote was taken and failed. Mr. Smith continued, stating the 1994-95 budget projections is $440,000 and noted the $495,000 includes a belt press, which means the actual operating budget is $370,000. Councilman Tare asked if there is any way we can be competitive and Mr. Smith said we cannot operate the plant for that amount of money. Motion carried with the following roll call vote: Pollard - Aye; Hardin - No; Burchard - Aye; Dillard - Aye; Tate - No; Lynch - Aye. 12. COUNCIL COMMITYEE REPORTS - None At this time, Mayor Pro-tem Lynch apologized to Mr. Scott Clements, citizen, who had signed up to speak on Item No. 11 regarding the drainage ditch at Holden Cir. Mayor Pro-tem Lynch said he simply missed seeing the Speaker Form which Mr. Clements had turned in and advised that Mr. Truman Edminster, engineer for the project, was still present and would stay after the meeting and visit with Mr. Clements. 13. CITY MANAGER AND STAFF REPORTS - None With no further business to address, Mayor Pro-Tem Lynch adjourned the meeting at 10:10 p.m. APPROVED: l~ffke'Lynch, May~r Pro-tern ATTEST: