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HomeMy WebLinkAbout03/20/1995 City Council 00563. MINUTES OF THE CITY COUNCIL MEETING HELD ON MARCH 20, 1995 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. on the 20th day of March, 1995, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Mayor Pro-Tem Present Toby Pollard, Councilman Present Kay Hardin, Councilman Present Rob Burchard, Councilman Present John Dillard, Councilman Present David Heiman, Councilman Present and with seven present, a quorum was established and the following items were addressed: 1. WORK SESSION TO REVIEW PROPOSALS FROM RICHARD FERRARA ARCHITEC'F, INC. FOR PREPARATION OF DEVELOPMENT STANDARDS AND UPDATING OF THE COMPREHENSIVE ZONING ORDINANCE The City Council has received proposals from Mr. Ferrara to prepare development standards and to update the comprehensive zoning ordinance of the City. At this time, Mr. Sam Chavez, City Planner advised the council that the city's residential development standards are well established with the possible exception of the masonry requirement and other minor areas, all of which can be accomplished by staff. Mr. Chavez said the non-residential development standards are in need of modification and stated these modifications will be very time consuming. Mr. Chavez recommended the development of non-residential standards and the State Highway 121 Corridor be pursed in lieu of the residential standards (as approved at a previous meeting). There followed a lengthy discussion regarding the difference between construction and development standards and exactly what the council is interested in achieving. Richard Ferrara was present and also recommended the council re-look at his proposals now that Mr. Chavez is on board. He suggested that council allow his firm to work with Mr. Chavez to address all the concerns. Specifically, he suggested the 121 Corridor be addressed with an overlay district of development standards instead of a new zoning district. He said it would be better not to include residential standards in with the 121 Corridor standards. Mr. Ferrara said his firm can do the 121 Corridor standards and Mr. Chavez can do the residential standards. He said they will be working closely together and any questions Mr. Chavez has, he (Ferrara) will be happy to answer. He said this will get both done at the same time, stating he can get started under the same contract approved a few weeks ago and if an addendum is needed, he will come back to the council. Mr. Chavez said the standards should be ready to go before P & Z in thirty (30) days. 5 00563x 7:25 p.m. - Recess 7:45 p.m. - Reconvene 2. PLEDGE OF ALLEGIANCE 3. CITIZEN INPUT Mary Watts, 7008 Sample Drive, referred to a development for Lake Lewisville State Park. She said Councilman Lynch had asked her to read it to find out if a marina is planned for that park. Ms. Watts said according to the plan a dock may be built in the first year and in the second year boating needs will be addressed. She noted the plan will be looked at on an annual basis. She also advised that someone has already inquired regarding a marina at the park. Mr. Smith said there has been a letter received to that affect and that she is welcome to a copy. 4. PRESENTATION OF EMPLOYEE RECOGNITION AWARDS The below named employees were present and were recognized for their tenure with the City: Guy Bennett (15 years); Sherry Hutchison and Ken Leverich (10 years); Billy Harp (3 years); and Bill House (2 years). Not present but also recognized were: Frank Mills, Jan Sapp, John Whitley, Alice Collins, Gwen Mansfield, Pam Allen, Robert Witt, Becky Watkins and David Corcoran. 5. CONSIDERATION OF APPROVAL OF A SITE PLAN AS PRESENTED BY BRAUM'S ICE CREAM CO. FOR A FOR A STORE TO BE LOCATED ON THE WEST SIDE OF MAIN STREET (F.M. 423) 369.0 FEET NORTH OF SOUTH COLONY BOULEVARD Mr. Smith said Braum's will finally be a reality. Mr. Chavez said Braum's is requesting site plan approval on a 1.366 acres site presently zoned Shopping Center and that Staff and Planning and Zoning have recommended approval subject to a few stipulations. Mr. Gordon Pullis was present to represent Braum's and handed out some pictures of other stores for the council to review. Mr. Pullis said he had enjoyed working with the city staff on this project. Motion to approve the site plan as presented, with staff stipulations, - Dillard; second - Pollard, carried with a unanimous roll call vote. 6. RECEIVE REPORT FROM THE COLONY MUNICIPAL ECONOMIC DEVELOPMENT BOARD REGARDING A FEASIBILITY STUDY FOR THE PROPOSED GOLF COURSE ON WYNNEWOOD PENINSULA 6 Lori Harlan, Economic Development Coordinator reported to the Council on findings of the Economic Development Board regarding a feasibility study for a golf course to be located on Wynnewood Peninsula. The board recommended having a study done by L.L. Franks & Associates, a Dallas company, at a cost of $13,500. $6000.00 is to be paid by Matthews Southwest and the board has requested the City to pay $7500.00. Mr Smith recommended a joint work session with the Council and the Economic Development Board to discuss this issue. He referenced a letter from Boyd London with First Southwest Company, the city's financial advisor and said he would like to be sure all parties involved fully understand the financing for the golf course. After a brief discussion a joint work session was scheduled for April 6, 1995 at 7:00 p.m. 7. PUBLIC HEARING AS REQUESTED BY DAVID SURDUKAN, SURDUKAN SURVEYING, INC. FOR A REPLAT OF 2.999 ACRES OF PROPERTY CURRENTLY ZONED SHOPPING CENTER (SC) IN THE WESTPORT CENTRE ADDITION INTO TWO (2) LOTS, LOCATED APPROXIMATELY 369.0 FEET NORTH OF SOUTH COLONY BOULEVARD ON THE WEST SIDE OF MAIN STREET (FM 423) Motion to open the public hearing - Lynch; second - Burchard, carried with all members voting Aye. Sam Chavez addressed the Council as follows: The Planning and Zoning commission heard this request on March 14, 1995 and recommended approval of the replat of the Westport Centre Addition subject to all staff stipulations as amended. The proposed replat subdivides a previously approved and filed legal lot of record into two (2) lots. Lot 1R of the addition is the future site of Braum's Ice Cream. Staff stipulations are as follows: 1. Add city file No.03-95RP1 to the plat 2. If no lien holders on the property, add "to the best of my knowledge, there are no lines against this property" and add a signature line for the property owner. 3. Add a Notary Certificate on the plat for the surveyor. 4. Complete the blank areas on item B of the Standard Notes on the plat 5. Show the median and median opening on Main Street(F.M. 423) on the plat 6. Label the Point of Beginning of the site on the plat 7.Label the property south of the site, west of the Taco Bell Addition as the Mays Addition 8. Delete the Waterline Easement along the south and west property line on Lot 1R 9. Contact Jimmie McCormack with TU Electric for required easements. Motion to close the public hearing - Pollard; second - Hardin, carried with all members voting Aye. 7 005630 8. PUBLIC HEARING ON APPLICATION OF STEVE SHANKS, LAWRENCE A. CATES & ASSOC. INC. REQUESTING A CHANGE IN ZONING ON THE PROPERTY DESCRIBED BELOW CURRENTLY ZONED BUSINESS PARK, TO BE CHANGED TO A GENERAL RETAIL DISTRICT AND A PLANNED DEVELOPMENT DISTRICT FOR THE (MF-3) MULTIFAMILY RESIDENTIAL DISTRICT 65 ACRE TRACT LOCATED ALONG THE NORTH SIDE OF STATE HWY. 121 BETWEEN MAIN STREET (F.M. 423) AND BLAIR OAKS ROAD Motion to open the public hearing - Burchard; second - Heiman carried with all members voting aye. David Dunning with United Commercial Development addressed the council, giving a brief background on his company and citing several centers in the metroplex area as their developments. Mr. Dunning advised the council that Albertson's has written a letter expressing their intent to build on this site. Continuing, Mr. Dunning said his firm has worked with staff and P & Z to meet all the city's requirements, noting that councilman Lynch had suggested leaving the zoning as it is on a small 2 acre triangle tract north of the creek and that they agree with that suggestion. Councilman Burchard said he is inclined to send this case back to P & Z and bring it back to the Council as a Planned Development. Mr. Dunning said they would rather not handle it that way because it will cause a delay, however if that is what it takes it can be done. He suggested that any stipulations be included in the zoning approval tonight so they can move ahead with the project. Councilman Burchard cited examples of some of his concerns as wanting all dumpsters and docks screened, all buildings to be brick in the rear. Sam Chavez said some items are zoning and can be included in the ordinance tonight and other items can be addressed during the site plan approval process. It was also noted that some of Councilman Burchard's concerns are addressed in the city's Design Manual. Councilman Heiman said this is a "win-win" for the city and that we should not delay it unnecessarily, but instead should address legitimate concerns tonight. Discussion followed on how the proposed 121 Corridor Development Standards will apply to this property. Mr. Chavez noted that the developer can agree to withhold their application for a building permit or final plat until those standards are in place. Mr. Roger Sefzik with Centex Development Corp. was present and said since they currently own all the property, they will agree to those terms if it does not take 4 years to get the standards ready. The council discussed how many apartments will be built on Tract C. Mr. Chavez advised approximately 280 and Councilman Hardin said Place 3 people are not willing to go with multi-family in this area. Mr. Smith said there is 65 acres here and if we want it to develop, we must allow them (developer) to do what they want within reason or we won't have the increased tax base. He reminded the council that multi-family is in the land use plan that was approved a few years ago. Councilman Dillard agreed, stating this is the only concrete plan we have and that there is a need for apartments in the city. He said it is important we approve this tonight 8 _ and get the ball rolling. Further discussion regarding all areas of the city zoned for multi- family. Mr. Smith said there is something ready to go (to develop) and if we continue to try to tell the private sector that we know better how to use their property we will never grow. He said we must work with the developers. Further discussion about multi-family. Mr. Dunning said if multi-family is not approved, the deal will be "killed". Councilman Burchard asked specifically about security fencing and Mr. Dunning said that is pretty standard in high quality apartments. It was stated that some of these items can be addressed later during the site plan approval process. Councilman Pollard asked how this will effect the thoroughfare plan and if this development will have to comply with the plan. Mr. Chavez advised they will. Discussion regarding who will pay for the east/west roadway right-of-way and Mr. Chavez said right-of- way dedication is addressed at platting and each developer builds his own portion of the road. Councilman Lynch clarified that the developer pays for up to 4 lanes, but if it is determined the road needs to be 6 lanes, the city will have to pay for the other 2 lanes. Joyce Fulco, 4712 Clover Valley, expressed her concerns about the increased traffic on F.M. 423 and Blair Oaks from the apartment complex. Donna Baggett. 4901 Pemberton, said she is opposed to the multi-family because it is too close to the High School and it is located at the "front door" of the city. Tim Bagget,, 4901 Pemberton, said the council is required to tell the developer how to build. He said he does not think the city is ready to do this. Lyle Hilyard. 5400 Sutton Place, said if the developer will agree to delay the final plat on the General Retail until the 121 standards are in place, then there is no problem with those Tracts, but said he is opposed to the multi-family adjacent to the High School. He asked the council to approve the General Retail and deny the multi-family. Oliver Mattingly with MBF Research addressed the council on a study his firm did regarding apartments in the metroplex area. Don Blackwood, Rt 3, Box 232, a resident and representative of Crowe-Billingsley told the council these are good developers and cited some examples of their work. He said they have someone that wants to build now in The Colony and explained that the council cannot pick and choose who will and will not come in to the city. He said if they do, then the developers will go somewhere else and he would hate to see The Colony lose someone else. Mr. Blackwood said multi-family will come to the Colony and went on to say the city is in a state of transition. Further discussion regarding existing regulations for multi-family development, traffic problems, the future extension of Josey Lane, and the extension of F.M. 423 across Hwy 121 to Crider Rd. Motion to close the public hearing - Dillard; second - Heiman carried with all members voting Aye. 9. CONSENT AGENDA Mayor Manning summarized the items on the Consent Agenda. Item D was pulled 9 for discussion. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD FEBRUARY 27 AND MARCH 6, 1995 Motion to approve the minutes as presented - Dillard - second; Heiman, carried with a unanimous roll call vote. Councilman Lynch noted the minutes of February 27, 1995 had been amended before presentation at his request. B. CONSIDERATION OF APPROVING A REQUEST FOR A SIX WEEKS LEAVE OF ABSENCE FROM THE PARKS AND RECREATION BOARD FOR SUSAN KING Motion to approve the leave of absence as requested - Dillard - second; Heiman, carried with a unanimous roll call vote. C. CONSIDERATION OF APPROVAL OF A REPLAT AS REQUESTED BY DAVID SURDUKAN, SURDUKAN SURVEYING, INC. OF 2.999 ACRES OF PROPERTY CURRENTLY ZONED SHOPPING CENTER (SC) IN THE WESTPORT CENTRE ADDITION INTO TWO (2) LOTS, LOCATED APPROXIMATELY 369.0 FEET NORTH OF SOUTH COLONY BOULEVARD ON THE WEST SIDE OF MAIN STREET (FM 423) Motion to approve the request for replat as recommended - Dillard - second; Heiman, carried with a unanimous roll call vote. D. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING APPENDIX A-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY AND AMENDING THE ZONING MAP OF THE CITY BY GRANTING A CHANGE IN ZONING ON PROPERTY DESCRIBED BELOW, CURRENTLY ZONED BUSINESS PARK (BP) TO A GENERAL RETAIL (GR) DISTRICT AND PLANNED DEVELOPMENT (PD) DISTRICT FOR THE MULTI-FAMILY (MF-3) RESIDENTIAL DISTRICT 65 ACRE TRACT LOCATED ALONG THE NORTH SIDE OF STATE HWY. 121 BETWEEN MAIN STREET (F.M. 423) AND BLAIR OAKS ROAD Councilman Burchard pulled this item to discuss the payment of the east/west roadway. He asked if the payment for that road should be a part of the planned development or part of this motion, if it was called for in the Master Thoroughfare Plan. Mr. Chavez said staff and Hunter and Associates recommends this road be a 4 lane, divided 10 00563'/ arterial thoroughfare and that staff is more concerned with r.o.w, than with the actual number of lanes. At this time the motion was made as follows: "To approve the zoning change for Tract A and B to General Retail District with the stipulation that approval of the final plat and building permit be delayed until such time as the zoning development standards are developed and approved by the council, as respects to Tract C I recommend that we approve the zoning change to P.D. Multi-Family with the stipulation...let me withdraw that, with the P.D. as presented...with no more than 6 months time frame for the overlay development plan" - Burcharfl. Motion was repeated for clarification: "To approve the zoning change for Tract A and B to General Retail District with the stipulation that approval of the final plat and building permit be delayed until such time as the zoning development standards, to take no more than six months, are developed and approved by the council, as respects to Tract C I recommend that we approve the zoning change to P.D. Multi-Family as presented" - Burchard; second - Heiman. Amendment to the motion - "All non-masonry, exterior facade be approved by the council at time of final plat - Burchard; second - Heiman. It was noted the time to approve non-masonry material would be at site plan, not final plat. Councilman Burchard instructed the City Secretary to word the motion correctly. Corrected amendment to the motion - "All non-masonry, exterior facade be approved by the council at time of site plan approval~ - Burchard; second - Heiman. Councilman Lynch discussed the proposed cast/west roadway, stating he does not want the city to bear the cost of building the additional lanes, if it becomes necessary to build 6 lanes instead of 4 lanes and that if the payment is not stated tonight, the city will have to pay for it. Councilman Lynch said he would rather have it in the P.D. and not use it. Mr. Smith said perhaps we can ask whoever is responsible for generating the traffic that causes the requirement to increase the size of the roadway to pay for it at the time it is needed, but that is as far as we can go. Mr. Smith said if the City Attorney agrees that this is legal and the developer agrees, then it can be put in, but he expressed that he does not think this is legal. Councilman Lynch said this could be added as a council stipulation along with the staff stipulations. Mayor Manning asked him to state this stipulation, which he did as follows: "in the future within the 100' r.o.w., which will handle a 6 lane roadway, if a 6 lane road is required, it will be constructed at no cost to the city, the cost will be born by the property owners abutting the road". Further discussion, then Councilman Lynch made a motion as follows: 11 005630 "Amendment to the main motion - that in the event the east/west road, thoroughfare, Memorial Drive, is required to be increased to six traffic lanes it will be installed at no cost to the city, the cost will be born by the property owners adjacent to it" - Lynch; second - Pollard. Motion on the "amendment to the main motion" carried with a roll call vote as follows: Ayes - Lynch, Pollard, Hardin, Burchard Noes - Dillard, Heiman, Manning Main motion passed with the following roll call vote: Ayes - Pollard, Burchard, Dillard, Heiman, Manning Noes - Lynch, Hardin 10:05 p.m. - Recess 10:15 p.m. - Reconvene 10. CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO RE- NEGOTIATE A CONTRACT WITH WASTELINE ENGINEERING FOR THE SERVICES REQUIRED FOR RE-APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD FOR FUNDING FOR WASTEWATER TREATMENT PLANT OPERATING NEEDS Staff and council have been reviewing documentation in recent weeks that has lead to this request. The council is asked to consider re-negotiating the existing contract with Wasteline Engineering for the design and construction of the expansion of the wastewater treatment plant and enter into a new agreement with Wasteline for immediate operating needs at the plant. The Council discussed putting the existing contract on hold for a period of time and the effect that might have on the city's bond status. It is the opinion of the City Attorney and City Auditor that as long as this contract is active or an obligation to the City, a footnote will have to be included in every financial report or audit, just to point out that this liability exists. Mr. Smith said his does not mean it would have a negative or positive impact on any bond ratings, but it is very unusual to place a contract of this size on hold for such a long period of time. He said in his opinion as City Manager, this is not good business and stated again that the percentage the city is paying on this contract is too high and that possibly if the contract is terminated and then negotiated at a later date, we might get a better price. He said he cannot say this would have a negative impact on our bond rating, but that it will have to be a footnote in our reports. Mr. Tony Johnston agreed, stating that he discussed this with the auditors. The city's financial statement deals with full disclosure so that anyone looking at it can make a decision about our city. Mr. Johnson said this disclosure will be included in the footnotes titled "contractual agreement". He also said it may not have a negative or positive impact at this time, but it will raise questions and if it sits there for several years the bond companies will start asking questions. He said hey discussed including this as a liability in the audit but right now, it will just be a footnote 12 00563 disclosure. Mr. Smith's professional opinion is that the city should re-negotiate the contract. When asked why Mr. Smith thinks the fee for Wasteline Engineering is too high, Mr. Smith replied his opinion is based on 23 years of experience, talking to other engineers, the Texas Water Development Board and other city officials. Mr. Smith advised the council that on the original contract of $11 million the fee should have been no more than 6-6 1/2% and that is why he was careful to put in the 45 day termination clause in the contract. Mr. Smith said he doesn't believe the project will ever be at the magnitude called for in the contract and if we put the original contract on hold, we may still be responsible for the entire $800,000 plus fees even if the total project is only at $6 - 7 million. He said that is not good business for the city. Councilman Lynch said if the amount of the services decreases then the fee will decrease as well. He cited sections from documents on how to set engineering fees and said he thinks the contract should be put on hold. Mr. Smith said he will take the direction of the Council, but advised that staff is having a hard time dealing with Wasteline Engineering and referenced a memorandum from Mr. Glenn Briesch dated March 20, 1995. He said there is very little contact with the city from the engineer and if the contract is re-negotiated the council needs to give him (City Manager) the authority to get the job done. Councilman Lynch noted that, according to the City Attorney, we will need an official statement signed by both parties setting out what has been done under this contract. After further discussion, the following motion was made: Motion to postpone action on this contract until the City Manager has had time to bring further information to the Council - Lynch; second - Burchard, carried with the following roll call vote: Ayes - Lynch, Pollard, Hardin, Burchard, Dillard, Heiman Noes - Manning 11. CONSIDERATION OF ANY ACTION TO BE TAKEN BY THE COUNCIL WITH REGARD TO A CONTEST BEING HELD BY THE PARKS AND RECREATION BOARD TO NAME THE NEWLY ACQUIRED "LAKE LEWISVILLE STATE PARK" The Parks and Recreation Board has initiated a contest to name the new park, just acquired by The Colony. The park, now known as Lake Lewisville State Park will be taken over by The Colony by May 1, 1995. It is the desire of Council, the Board and staff to allow the citizens to take part in giving this park a new name. Information regarding the contest may be acquired at the Parks and Recreation Department - 625-1106. Motion to support the contest as recommended - Burchard - second - Heiman, carried with a unanimous roll call vote. 13 00156 j 12. COUNCIL REPORTS Councilman Lynch handed out information regarding an alternative communications system (phone system) for the City. He presented a 'q'he Colony Telecommunications committee Proposal" and asked that a council committee be established to investigate alternatives to the current phone system. 14. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS SUPPORTING A FAIR AND COST° EFFECTIVE EMISSIONS TESTING PROGRAM AND FEDERAL I~EGISLATION WHICH EXTENDS THE CI.EAN AIR ACT DEADLINE; AND PROVIDING AN EFFECTIVE DATE Motion to approve the resolution as written. Heiman - second - Dillard, carried with a unanimous roll call vote. 13. CITY MANAGER AND STAFF REPORTS 1. Denton County Day in Austin is April 3 and 4, 1995 2. Master Thoroughfare Plan will be on the next Planning and Zoning Commission meeting. 3. The Council/Staff Retreat is set for March 25, 1995 beginning at 9:00 a.m. With no further business to address, Mayor Manning adjourned the meeting at 11:05 p.m. APPROVED: William W. Manning, Mayor ATYEST: Patti A. Hicks, TRMC, City Secretary 14