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HomeMy WebLinkAbout01/16/1995 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON JANUARY 16, 1995 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 6:30 p.m. on the 16th day of January, 1995, at City Hall with the following Council roll call: William W. Manning, Mayor Absent (Arrived 7:30) Mike Lynch, Mayor Pro-Tem Present Toby Pollard, Councilman Present Kay Hardin, Councilman Present Rob Burchard, Councilman Present John Dillard, Councilman Absent and with four present, a quorum was established and the following items were addressed: 6:30 p.m. - Recess into Executive Session 1. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.074 OF THE LOCAL GOVERNMENT CODE, RELATING TO PERSONNEL, TO-WIT: A. INTERVIEW FOR PLANNING AND ZONING APPOINTMEN2~ 7:50 p.m. - Reconvene into Open Session 2. PLEDGE OF ALLEGIANCE 6. CONSIDERATION OF APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION Mayor Manning stated at this time the Council would appoint two applicants to the Planning & Zoning Commission. As he arrived late and was unable to participate in the interviews, he would abstain from voting. He then asked for nominations. Councilman Burchard nominated Steve Tolen and DeVille Hubbard. Councilman Lynch nominated Bruce Willoughby and Coundlman Pollard nominated Steve Wolfard. Mayor Manning then asked each Councilmember to vote for two nominees. The two receiving the most votes would be appointed. He clarified that as both positions expire December, 1995, it was not necessary to vote on the places individually. Lynch - Tolen, W'dloughby; Pollard - Tolen, Wolfard; Hardin - Tolen, Wolfard; Burehard -Tolen, Hubbard. 005540 Mayor Manning declared Steven Tolen and Steve Wolfard the new members of the Planning & Zoning Commission. 3. CITIZEN INP~ None. 4. PUBLIC HEARING ON APPLICATION OF DEWAYNE K. SNIDER FOR A CHANGE OF ZONING ON THE BELOW DESCRIBED PROPERTY PRESENTLY ZONED OFFICE DISTRICT (O-1), SEEKING TO AMEND THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO CHANGE THE BELOW DESCRIBED PROPERTY TO A PLANNED DEVELOPMENT FOR THE GENERAL RETAIL (GR) DISTRICT AND THE LIGHT COMMERCIAL (LC) DISTRICT: SOUTH OF NORTH COLONY BOULEVARD WEST OF MAIN STREET (FM 423) Motion to open public hearing. Burchard; second - Pollard. Motion carried with all voting aye. Joyce Fulco. 4712 Clover Valley, asked the council to keep the zoning the same. John Mitchell. 4301 Oueen Circle, expressed concern about preserving the neighborhood. He does not think mini-warehouses are the best use of the property but agrees the owner should be able to use his property as he sees fit. He asked that the area be landscaped appropriately to camouflage the buildings. Staff Planner Sam Chavez stated this case had been reviewed at the December 27 Planning and Zoning meeting and was being forwarded with a recommendation for approval. The Planned Development (PD) zoning would allow increased site plan review. They had also addressed additional landscaping, the maximum number of mini-warehouses to be allowed and stipulations for the exterior finish. Staff also recommends approval. Councilman Lynch stated that tonight the only thing they were considering was the change in zoning to Planned Development (PD). He questioned a residence in the Light Commercial (LC) zone as well as the landscaping already agreed to. He asked it be stipulated that the west and north sides be landscaped when the trees are removed and masonry walls on all four sides. He was also concerned about the existing deed restrictions, and by changing the zoning, does not remove the deed restricti0n~. Mr. Chavez responded that the dwelling shown was for an on site caretaker/night watchman quarters. Additional landscaping could be added. City ordinance 455 outlining the deed restrictions could be rescinded in its entirety. Then Mayor Manning asked for clarification of councilman Lvnch's statement about the walls around the building...%vas it for landscaping only all around the building or did yo- address the compOsition of the walls of the building?" Councilman L_vnch replied. "Bo!h normally there will be a 6 to 8 foot fence around the facility and if the landscaping shiel0~ the view of the buildings the exterior walls can be adapted. However if because of the 5 contour of the land. the landscaping still allows the buildings to be seen then the exterior of the walls become relevant to the neighborhood." Ma_vor Manning reiterated. "then assuming_ mature landscaping, if the building is not visible past the landscaping brick walls are not ~equired. on the other hand. if mature landscaping allows the side of the buildin~ to be shown, that portion needs to be brick." Councilman Lynch a~eed, saving. "If the landscapin? covers it. it's not a major requirement." Councilman Pollard stated in the P & Z meeting it appeared no 24 hour use of the site. but the request for quarters implies someone will be there 0 a 24 hour basis. Dewa.vne Snider replied. "Now it is not planned for 24 hour use. only say 7 to 7. but in the future, it could go to 24 hour operations. -Coundlman Burchard stated that residents in his district were opposed to the development. He expressed concern that this type of development might have a negative impact on the area and that we are running out of room on Main Street. Dewayne Snider, representing the property owner, assured the Council the mini-warehouses would be built using exterior materials that would be attractive, not siding. Additional landscaping could be added to assure proper screening, there would be no outside storage. The warehouses would be built at the rear of the property and General Retail (GR) businesses would be built in front along Main Street. Once the retail businesses were built, with proper landscaping, you would not see the warehouses. (~ouncilman Hardin questioned the location of a mixture like t. his. Three sites in Piano and Carrollton were mentioned. Councilman L_vnch questioned the access roa~ location and if it would be accessible for emergency, vehicles. Dewa_vne Snider stated the current location of the present access road would remain and if a second one was placect ----- at the northern end it would be primarily for exit Southbound only, The City_ would take the present road as a street, it would be changed to a 60 foot right-of-way. Councilman Lynch stated. "the developer will pay his t~ortion of a signal light which the traffic study says may be required. The percentage would-have tO be determined when tho (PD) was passed. not later." Disojssion ~hen went to the number of units that could be built. 500 or 600 or what, Dewgtyne Snider stated. 'Whe demand would determine how many would be built, but was thinkin~ about 350 total would be the maximum, Councilman Lynch stated he had a problem with 50% of the property being developed in mini warehouses. He proposed it be lowered to 30% or cap it off at 200 units or 150 units. If there is a demand for more, it could be changed in the future. It is easier to up the limits than to become more restrictive at a future date. Mr. Snider stated that if it was understood that additional warehouses could be built if demand warranted, he had no problem with Mr. Lynch's suggestion. Councilman Pollard stated he had attended the Planning and Zoning meeting where this was reviewed. He asked what the Commission's recommendation was regarding the CMU type construction material. Mr. Chavez stated they did not make a recommendation. Exterior construction material would be determined at site plan review. Councilman Pollard asked about the appropriateness of having landscaping around the project to the north, northwest and southwest where there are residential neighborhoods that don't abut the property but have an easy, clear view of the property. Mr. Snider responded that yes, they had agreed at the Planning and Zoning heating---.. 6 to landscape and use masonry type construction. He asked if mini warehouses would be in the 170 foot strip at the north end of the general retail. Dewa_vne Snider said. "No. they would be back 200 feet." Later stated that the 170 foot strip could be changed to general retail. He stated that this will be an appealing building, not the metal siding, trashy looking warehouses you see on SH 121. Also the General Retail will front FM 423 and the warehouses will no longer be visible from FM 423. Additional discussion followed as to the placement of the roadway, signal lights, and traffic. Motion to close public hearing. Lynch; second - Burchard. Motion carried with all voting aye. 5. CONSENT AGENDA Mayor Manning stated that Item B should be pulled due to the previous discussion and asked if any other items should also be pulled. Councilman Lynch requested Item C be pulled. Mayor Manning then summarized the remaining item on the Consent Agenda. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETING HELD JANUARY 9, 1995 Motion to approved minutes as submitted. Pollard; second. Hardin. Motion carried with a unanimous roll call vote. B. 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 OFFICE DISTRICT TO A PLANNED DEVELOPMENT FOR THE GENERAL RETAIL (GR) DISTRICT AND THE LIGHT COMMERCIAL (LC)CLASSIFICATION SOUTH OF NORTH COLONY BOUI~EVARD WEST OF MAIN STREET (FM 423) Motion to deny zoning change as presented - Burehard; second - Hardin. Councilman Pollard said he would like more information and to review the plans once they were more formalized. Mayor Manning suggested this item be postponed until such information was made available instead of denying it tonight. Councilman Lynch stated he would prefer to postpone rather than deny the change at this time. Mayor Manning asked Councilman Burchard if he would like to amend his motion. Councilman Lynch asked if Roberts Rules required the postponement to take precedent over the motion to deny. Mayor Manning stated that he believed that would only apply in an emergency situation, which this was not. 7 Councilman Burchard stated the developer can come back even if the zoning change is denied now. He declined to amend his motion. ~ Motion passed with the following roll call vote. Lynch - aye; Pollard - aye; Hardin - aye; Bm-chard - aye; Manning - no. C. CONSIDERATION OF A RESOLUTION AUTHORIZING PARTICIPATION IN THE DENTON COUNTY DRUG TASK FORCE; PLEDGING PAYMENT OF THE LOCAL SHARE OF THE COST OF THIS PROGRAM Police Chief, Bruce Stewart, outlined the history of the program stating this is the end of the fifth year. Grayson and Collin counties have recently joined the Task Force although they do not have any personnel commitments at this time. The Task Force is composed of three (3) people from Denton County Sheriffs Office and one (1) officer from the participating communities. The city providing the Task Force Commander usually has an additional officer and that is the case with us. We have two officers committed to the Task Force at this time. Discussion followed concerning the shortage of Public Safety personnel and continuing to have two officers on the Task Force. Chief Stewart stated he would like to have more officers here but he does believe the Task Force is worthwhile. Johnny Smith, City Manager, stated he was also concerned that this was a year to year program for the State. If the funding is not continued, he finds no policy statement as --'-- to the positions of the officers in the Task Force. Their salaries are not budgeted and they could be without a job. He would like some clear guidelines to protect the officers jobs. All Councilmembers agreed that the officers jobs should be protected. Additional concerns were discussed regarding our funding. If we commit at this time for two officers and deride to take one or both officers out of the program during their fiscal year (June 1 - May 31), _will we still have to pay our portion. Mayor Manning suggested this item be postponed until the January 23 meeting so Mr. Smith can get additional information regarding our financial obligation and the number of officers we should commit to the Task Force. Motion to postpone to January 23 meeting - Lynch; second Burchard. Motion carried with a unanimous roll call vote. 7. RECEIVE REPORT FROM CITY MANAGER REGARDING LAKE LEWISVILLE STATE PARK LEASE AGREEMENT STATUS AND CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE REPORT Mr. Smith explained the packets he distributed contained operating budget information on the park. It showed a partial year breakdown as well as an annual statement. The figures are based on information from Texas Parks & Wild!~fe regarding ~ 8 00,5,54', park usage. A letter has been sent to Texas Parks & Wildlife expressing our concerns over certain areas which need to be discussed prior to our taking over the park as well as the expiration of their wastewater permit. The Park & Recreation Board has requested a joint meeting at the park to review the facilities and work on the operations and fees schedule. This has been set as Sunday, January 22 at 3:00 p.m. Mr. Richard Lewis. 5012 Ashlock, is in attendance as a representative of the Park & Recreation Board to answer any questions. 8. COUNCIL COMMYITEE REPORTS None. Mayor Manning directed the City Secretary to delete this item from future agendas. Any Councilmember needing to report on their committee should contact the City Secretary's office to have the item put on the agenda. 9. CITY MANAGER AND STAFF REPORTS Mr. Smith provided reports reflecting the proposed salary changes for public safety employees, vehicle assignments and usage for all departments, opinions regarding insurance on city vehicles for personal use and the take home polices for the police and fire departments. He also stated that he would attend the Legislative Update breakfast to be held in Austin on February 6. With no further business to address, Mayor Manning adjourned the meeting at 9:45 p.m. APPROVED: William W. Manning, Mayor Sandie Chance, Deputy City Secretary NOTE: The underlined portions of these minutes were drafted by Councilman Lynch and added to the text at his request exactly as presented to the City Secretary.