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HomeMy WebLinkAbout01/15/1996 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON JANUARY 15, 1996 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:35 p.m. on the 15th day of January, 1996, at City Hall with the following Council roll call: William W. Manning, Mayor Present Bill Longo, Councilman Present Mary Blair Watts, Councilman Present Kay Hardin, Councilman Present David McCreary, Councilman Present John Dillard, Mayor Pro-Tem Present David Heiman, Deputy Mayor Pro-Tern Present and with seven present, a quorum was established and the following items were addressed: INVOCATION 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT 1. Priscilla Pearson, 4840 Garvin Dr., complained about the attitude and lack of cooperation at the Animal Wildlife Protection Department. 3. RECOGNITION OF CERTAIN FIRE DEPARTMENTS, LAW ENFORCEMENT AGENCIES, AND OTHER ENTITIES Van Morrison, Fire Chief, read a list of various departments which participated in the funeral services for long-time friend and former employee of the City of The Colony, David Marlar. 4. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETING HELD JANUARY 3, 1996 Motion to approve the minutes as written - Dillard; second - Heiman, carried with the following roll call vote: Longo - Aye; Watts - Aye; Hardin - Abstain; McCreary - Aye; Dillard - Aye; Heiman - Aye; Manning - Aye. 5. CONSIDERATION OF RENEWAL OF AN AGREEMENT WITH COWLES AND THOMPSON FOR THE COLLECTION OF DELINQUENT TAXES Tony Johnston, Finance Director, recommended the agreement with Cowles & Thompson be renewed for an additional year instead of the normal two-year contract period to allow time to research alternatives. Councilman McCreary questioned if Mr. Johnston had compared productivity of Cowles and Thompson to other firms. Mr. Johnston responded that he had not, but he will conduct a productivity survey in the future prior to the contract period terminating. Motion to renew the agreement as proposed - Heiman; second - Watts; carried with a unanimous roll call vote. 9. CONSIDERATION OF A RESOLUTION SUPPORTING THE VERTICAL EXPANSION OF THE DFW RECYCLING AND DISPOSAL FACILITY Councilman Heiman asked if the Council should table this item since the request was received at the last minute. Mayor Manning responded that there had been ample time to look over the resolution and that the landfill needs the expansion regardless. Mr. Darrell Bennett, Senior Enviromental Engineer with Texas Waste Management, made a brief presentation stating that the landfill currently has approximately eight to ten years of life remaining without expansion. He advised that the expansion needs to start now since it takes a great deal of time to obtain a permit to expand. Councilman Heiman brought up the fact that not so long ago the City received a letter indicating a possible Texas Waste Management rote increase. Mr. Bennett could not address that issue. Councilman Hardin said the Council needs to research a possible rote increase along with the expansion rather than sign the resolution. Mayor Manning explained long term results of proceeding now rather than waiting until the future when additional land might have to be purchased. Patti Hicks, Interim City Manager, explained that the rote increase will be diSCussed in the near future. Councilman McCreary asked Mr. Bennett how much weight do resolutions carry with the TNRCC. Mr. Bennett responded that the TNRCC notes that projects which have community support are very important. Motion to approve resolution for expansion - Dillard. Mayor Manning recognized a citizen who wished to speak. Mike Lynch, 4921 Roberts Dr. - Mr. Lynch stated that the City of Lewisville had already passed a resolution to expand the landfill and that rotes should go down since landf'fll costs are going down. With the motion still on the floor, second - Longo; carried with the following roll call vote: Longo - Aye; Watts - Aye; Hardin - No; McCreary - No; Dillard - Aye; Heiman - No; Manning - Aye. 10. CONSIDERATION OF A BOUNDARY ADJUSTMENT AGREEMENT WITH THE TOWN OF HEBRON Mayor Manning explained that the Town of Hebron has voted favorably regarding this boundary adjustment. He further explained that this involved a 10' strip of land which needed must be adjusted prior to the annexation. The City needed to disannex a portion to make sure that properties are contiguous and that the boundary is left intact. Councilman Hardin asked if there were any utility rights involved. Patti Hicks responded that there were not. Motion to enter boundary adjustment agreement with Town of Hebron - Dillard; second - Heiman; carried with a unanimous vote. 6. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ANNEXING ADJACENT AND CONTIGUOUS TERRITORY AS MORE PARTICULARLY DESCRIBED BELOW: APPROXIMATELY 266 ACRES GENERALLY LOCATED SOUTHEAST OF THE CITY, BOUNDED ON TFIE EAST BY THE BURLINGTON NORTHERN RAILROAD, LOCATED NORTH OF F.M. 544, SOUTH OF S.H. 121 AND THE WESTERN PORTION LYING PARTIALLY ALONG TI:rE DENTON COUNTY/COLLIN COUNTY LINE Mayor Manning acknowledged individuals who wished to speak regarding this item: (A letter was received by facsimile transmission, prior to the beginning of the Council Meeting, from David L. Fair, address unknown, which stated that he was in opposition to the annexation of the property since the property abuts his homestead in Plano.) Jim Davenport, 5817 Red Wolf Ln., Plano explained that his residence is adjacent to the property being annexed, however, he could not determine from a displayed map if his homestead was included in the annexation. He was opposed to the annexation of his property into the City of The Colony. Robert Deputy, 5909 Red Wolf Ln., Plano stated that his mailing address is Plano and that his residence and five acres adjacent to his property were in unincorporated territory. He explained that he had not received a notice of annexation from the City of The Colony. He brought a survey showing his homestead included in the proposed annexation and requested clarification prior to action being taken. Sam Chavez, City Planner, showed Mr. Deputy on the map that his land was not included in the annexation. John Hill, City Attorney, further explained that the City was not annexing any property not currently owned by Henry Billingsley. Mayor Manning asked Don Blaekwood, Crow- Billingsley Properties, if any residences were involved in the annexation. Mr. Blackwood responded that only one residence was included. Mr. Hill added that the City is required to give notice to property owners on the current tax roll, but not required to notify property owners not involved in the annexation. Sam Chavez said the City had also notified the Cities of Carrollton, Piano and Hebron of the impending zoning change. Councilman Hardin asked, if the proposed zoning change did not occur, would the annexation still be considered. Don Blackwood answered that it was inappropriate to discuss the zoning change during the annexation proceedings. Motion to accept ordinance annexing property as previously described - Heiman; second - Dillard, carried with the following roll call vote: Longo - Aye; Watts - Aye; Hardin - No; McCreary - Aye; Dillard - Aye; Heiman - Aye; Manning - Aye. 11. CONSIDERATION OF DISANNEXATION OF CERTAIN TERRITORY FROM THE MUNICIPAL BOUNDARIES OF THE CITY OF THE COLONY Sam Chavez explained the disannexation by demonstrating on map provided for display. Motion to disannex certain territory as described - Longo; second - Watts, carried with the following roll call vote: Longo - Aye; Watts - Aye; Hardin - No; McCreary - Aye; Dillard - Aye; Heiman - Aye; Manning - Aye. 7. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY AMENDING THE CODE OF ORDINANCES, BY AMENDING APPENDIX A- ZONING, BY APPROVING A PLANNED DEVELOPMENT DISTRICT (PD) FOR THE BUSINESS PARK (BP) DISTRICT AND THE MULTI-FAMHJY 2 (MF-2) DISTRICT WITH A MAXIMUM DENSITY OF 24 DWELLING UNITS PER ACRE APPROXIMATELY 266 ACRES GENERALLY LOCATED SOU~AST OF THE CITY, BOUNDED ON THE WEST BY THE BURLINGTON NORTHERN RAILROAD, LOCATED NORTH OF P.M. 544, SOUTH OF S.H. 121 AND TFIE EASTERN PORTION LYING PARTIALLY ALONG THE DENTON COUNTY/COLLIN COUNTY LINE Sam Chavez explained the results of a joint work session held on October 9, 1995, with the City Council and the Planning and Zoning Commission. At that time the Planning and Zoning Commission took action to recommend approval of the request subject to certain stipulations. Councilman Hardin asked Mr. Chavez if he could foresee any problems with other applicants previously denied zoning changes. John Hill responded that the City had given proper notice to any landowners involved. Councilman Longo voiced his concern about apartment complexes not being properly marked for emergency services. Don Blaekwood answered that Crow-Billingsley would do everything possible to properly mark the property. Mayor Manning reco~d the individuals who had requested to speak. The following Plano residents did not wish to speak, however asked that their opposition to the zoning change be recorded: John E. Baldwin, 6424 Lochridge; Steve Carlson, 6428 Berwyn; Carolyn & Harry Walsh, 6412 Lochridge; Vieky Murphy, 6409 Loehridge; Bill & Doris Nix, 6416 Loehridge; Marilyn & Tom Hagan, 6428 Lochridge; Rick & Sue Schaub, 6421 Berwyn; Patty Stone, 5908 Lennox Hill; Denise Barrel, 6424 Berwyn; Lou M. Bauer, 6433 Berwyn; Robert A. Adams, 5936 Lennox Hill; Henny & Bert Lasley, 5912 Lennox Hill; Debra Copley, 6408 Berwyn; Jerry Bowers, 6412 Berwyn; Mr. & Mrs. Timothy McHugh, 6420 Berwyn; Ari Carlson, 6428 Berwyn. Mike Lynch, 4921 Roberts Dr. said that the developer stated he would save $800,000 or more in savings in utility costs by going to Carrollton. Why would the developer then choose to come to The Colony? Don Blackwood responded that Carrollton has a different situation than The Colony. Carrollton would only allow 20 units per acre where The Colony will allow 24 units per acre. Robert Deputy, 5909 Red Wolf Ln., Plano lives in an unincorporated area. He would like to see a buffer between annexed property and his property. Mr. Lynch once again addressed the City Attorney. He noted that the agenda read MF-2 District. Can the city take action as MF-3? John Hill replied that the City could take action since the public hearings were posted as MF-3. Brad Jones, 6429 Burwyn, Plano asked The Colony to consider the Plano residents' rights as homeowners with multi-million dollar homes in regard to the MF-3 zoning. He asked what consideration had been given. Sam Chavez responded that extensive studies had been completed prior to consideration of zoning. Kathy Cimlnick, 6433 Willowdale, Plano asked if the City was aware of the traffic that would be created by the construction of an apamnent complex? How will they get their utilities? What impact would the complex have on LISD? What impact would there be on public safety? She asked that consideration be given to homeowners with multi- million dollar homes in regard to increased traffic and crime. Bradford Edgar, 6401 Lochridge, Plano is a real estate appraiser and has appraised many The Colony homes. He feels that MF-2 or MF-3 zoning will have a negative impact on residences in Piano. He thinks future single family dwelling sales will be hampered by the apartment complex. Mayor Manning asked Don Blackwood to explain their intention for the apartment complex. Mr. Blackwood responded that this was a planned development and that the property had a buffer zone on all sides. He further stated that the City of The Colony had set forth specific requirements for the multi-family units. Councilman McCreary asked Mr. Blackwood to characterize the proposed apartments. Mr. Blackwood explained that the units would be considered "executive" apartments. Councilman McCreary asked Mr. Blackwood to give a demographic opinion on the residents of these units. Mr. Blackwood again responded that "yuppies" in their thirties with a median income of upper middle class somewhere between $60,000 to $70,000 annual income. He also stated that the units would have a minimum impact on existing schools. Councilman Hardin asked about the possible donation of land for a police and/or fire annex. Mr. Blackwood answered that Crow-Billingsley would be providing land for a facility on the other side of the railroad tracks. Councilman Hardin asked how much land would be donated. Mr. Blackwood said it was unknown at this time. Councilman Hardin asked the Council how the City could afford to build a facility and add staff. Mayor Manning responded that it would probably be accomplished with a bond issue in the same manner as with any other property development. Councilman Watts added that the developer would provide land and utility lines. Mayor Manning asked Mr. Blackwood if he could provide proof of boundaries. Mr. Blackwood provided aerial maps to show Plano homeowners the boundaries. Sam Chavez then explained to the residents the difference between MF-2 and MF-3 zoning. Motion to approve ordinance as MF-3 - Dillard; second - Longo, carried with the following roll call vote: Longo - Aye; Watts - Aye; Hardin - No; McCreary - Aye; Dillard - Aye; Hehnan - Aye; 1Vlsnning - Aye. 8. CITY MANAGER AND STAFF REPORTS Patti Hicks, Interim City Manager, reported on Johnny Smith's condition. He should be returning to the office by February 1 to work partial days. She also stated that the City had received applications for Board vacancies. Mayor Manning said interviews could be conducted at 6:30 P.M. on February 5 prior to the scheduled Council Meeting. Ms. Hicks reminded everyone of the capital projects retreat at 8:30 A.M. at Hidden Cove Park on Saturday, January 20. Tony Johnston, Finance Director, then presented the Council with workbooks of capital projects to be considered. Mr. Johnston also presented the Council with the 1995-96 Annual Operating Budget. Councilman Hardin asked for an update on Braum's. Mr. Chavez responded that Bmum's had stopped all construction in 1995. They planned on building six stores in 1996 and hopefully The Colony will be one of those. Tony Johnston discussed the inception of the fleet replacement program. He would like to transfer $100,000 from fund balance to start this fund. Councilman Hardin asked if it wouldn't be better to repay the Land Fund for funds previously used for other purposes. Mr. Johnston replied that the City needs to start designating funds for fleet replacement as soon as possible. With no further business to address, Mayor Manning adjourned the meeting at 10:00 P.M. APPROVED: William W. Manning, Mayor ATTEST: /K3~thann ,~Devl]n, ~)eputy City Secretary