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HomeMy WebLinkAbout04/15/1996 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON APRIL 15, 1996 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 15th day of April, 1996, at City Hall with the following Council roll call: William W. Manning, Mayor Present Bill Longo, Councilrnember Present Mary Watts, Councilmember Present Kay Hardin, Councilmember Present David McCreary, Councilmember Present John Dillard, Councilmember Present G. David Heiman, Councilmember Present and with seven present, a quorum was established and the following items were addressed: ROLL CALL INVOCATION - Rev. Clayton Oliphint - First United Methodist Church 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Deborah Hollifield, 6301 Main Street, spoke representing The Colony Youth and Services Coalition which was formed to bring Boys & Girls Clubs to The Colony, and said 42% of the population of The Colony is under 20 years of age. Initially the Club would address needs of 14 years of age and up, offering tutoring, recreation and other services. She said the Club will be seeking cooperation and support from the city and suggested a council liaison be named. She said they would like to see money in the 1996-97 budget for this purpose. Marilyn Spence, 4912 Merrell Lane, spoke in support of the Boys and Girls Club as a member of the coalition and an employee of LISD. She asked the council to support creation of the Boys & Girls Club in The Colony. Diane Whitlatch, 4828 Waener. thanked the council for a wonderful community, but said we need more youth services and asked the council to support the creation of a Boys & Girls Club in The Colony. Tiffany Edwards, 6704 Matson Drive and Katherine Speed, 5565 Russell, both addressed the council, expressing a need in the community for more youth activities. They said the young people need a place to go where there is a positive environment and positive activities. Mark Behnke, 1824 N. Ruddell, Denton, Executive Director of Boys & Girls Clubs of Denton County said the young people are the furore of our community. Mr. Behnke said they will be opening two sites in Denton, one in Lake Dallas and one in Lewisville and hope to have one in The Colony by summer. 4 0 0 ¢ 0.i! ::, Chris Cochran, 5228 Goodman, Director of Marketing for Chick-Fil-A, told the council he has proposed to his corporation that a Chick-Fil-A be built on Hwy 121 in The Colony. After several steps have been taken, he is now circulating a petition to gather signatures supporting the building of such a restaurant in The Colony. Mayor Manning and the Council were the Fa'st to sign the petition and then it was circulated among those present at the meeting. Joyce Fulco, 4712 Clover Valley, addressed her comments to Councilman Kay Hardin stating this is her (Hardin) last meeting, and that she (Fulco) had suggested she mn two years ago. Ms. Fulco said Ms. Hardin has been her council person and has become a close friend. She said Ms. Hardin has always maintained her high ethics and standards. Darrell Pope, 5539 Squires, asked what the city is doing to stop the Bright Ranch from going into Lewisville and how that will effect the extension of Josey Lane. Mr. Smith said it should not effect the Josey extension at all because that extension will have a positive impact on Mr. Bright's property. He continued stating that over the last two years there have been negotiations between the cities of The Colony, Lewisville, Carrollton and the Bright property owners. The Colony is unable to service the area with wastewater and we really do not have enough to offer to get them into The Colony. Mr. Pope then asked about the water in The Colony and if it is contaminated. Mr. Smith said that would be addressed later during staff reports. Mike Lynch, 4921 Roberts, spoke regarding the proposed EMS ordinance. He cited several cities in the area who have similar situations and provided the City Secretary with information regarding those cities for council and staff review. 3. MAYORAL PROCLAMATIONS - Mayor Manning read each of the proclamations in their entirety. DECLARING MAY 2, 1996 AS THE NATIONAL DAY OF PRAYER Barry Jameson accepted the proclamation on behalf of Reverend Jeff Bacon. DECLARING APRIL 21 - 17, 1996 AS NATIONAL CREDIT EDUCATION WEEK Requested by Consumer Credit Counseling Service of North Central Texas, Inc. This proclamation will be mailed after reading. DECLARING APRIL 15 - 20, 1996 AS CIRCUS APPRECIATION WEEK Requested by the Lions Club who is sponsoring the Carson and Barnes Circus on April 20, 1996 in The Colony. Bob Stone was present to accept the proclamation and stated that planning for the circus has been exciting. He named several areas which are benefitted by monies raised by the Lions Club. CONGRATULATING THE TEXAS ADOPT-A-BEACH PROGRAM ON ITS 10TH ANNIVERSARY Requested by Garry Mauro, Commissioner of the Texas General Land Office. This proclamation will be mailed after reading. 4. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD APRIL 1 AND 8, 1996 Council meeting minutes have been prepared for the council review and approval. Motion to approve the minutes as written - Dillard; second - Hardin, carried with a unanimous roll call vote. 5. CONSIDERATION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY OF THE COLONY FOR MAINTENANCE RESPONSIBILITIES OF A CERTAIN DRAINAGE EASEMENT LOCATED NEAR THE INTERSECTION OF F.M. 423 AND COUGAR ALLEY The above named drainage easement is the property of Texas Department of Transportation. They are proposing to sell the property and are requesting that the City of The Colony take over maintenance of the easement. Mr. Smith further explained that the drainage '-' ditch that used to nm across this property was redirected and placed underground. The original easement belonged to the Corps of Engineers and they transferred it to TxDOT. The easement area where the original ditch was located is no longer needed. TxDOT is trading this excess easement property with Centex and TxDOT will receive a larger, more valuable piece of property at 121 and Standridge Road. The city has already agreed to maintain the underground drainage structure in the easement provided. This agreement will place approximately 35 acres on the tax rolls as private property and allow better use of the property for development. Motion to approve the Resolution as recommended - McCreary; second - Dillard, carried with a unanimous roll call vote. 6. DISCUSSION OF A PROPOSAL FROM J.T. DUNKIN AND ASSOCIATES FOR THE COMPLETION OF THE COMPREHENSIVE PLAN The Council has been presented with information outlining the purpose of the comprehensive plan, the scope of services for J.T. Dunkin, the time line and cost estimate. Staff recommends that a work session be scheduled for discussion of this project. Councilman McCreary asked if money has been allocated for this project and Mr. Smith stated $40,000 was budgeted this year for phase one. He said the suggested work session would be a time to discuss the project completely. Councilman McCreary asked what assurance there is that future councils will abide by this plan and Mr. Smith said any plan is as good as the elected officials supporting 6 it. He said staff carries the council's direction. Councilman Heiman also expressed concern about the cost and asked if the source of funding would be addressed during the work session. There followed a general discussion regarding the proposed cost of the project with Sam Chavez explaining the cost was originally estimated for a base plan, but the steering committee has recommended a very aggressive comprehensive plan, which will be more expensive. He continued stating this will be a living document that grows and changes with the city. Mr. Smith agreed and said it may be updated every 5 years, or as needed. Mayor Manning said the plan must be flexible enough to work with developers. Mr. Smith agreed, stating that in regard to the recent annexation, the other city (Carrollton) was not flexible enough. He said our council has taken a beating that was not deserved because of that issue. Councilman Watts said there is no time line for the Economic Development Plan and asked about other dates for completion. Mayor Manning asked if preliminary plans can be made available earlier than the final document. Mr. Chavez said they should be, noting that the Comprehensive Plan would be very helpful in establishing the capitals program. Councilman Longo recommended inviting the chairmen of the Capitals Advisory Sub-Committees to attend the upcoming work session. Councilman Hardin, responding to Mr. Smith's comments regarding Carrollton, said they were rigid for a reason and we should set standards for our city as well. A work session was set for May 21, 1996 at 7:00 p.m. 7. CONSIDERATION OF A PRELIMINARY PLAT FOR RIDGEPOINTE PHASE 2 AS PRESENTED BY MOCKINGBIRD DEVELOPMENT, INC. Mr. Sam Chavez said the applicant is requesting approval of a preliminary plat for Ridgepointe Phase 2, and went on to say that Planning and Zoning has recommended approval of the preliminary plat subject to all staff stipulations as amended by the Commission. This 121.25 acre proposed plat contains 396 single family lots and is platted at a density of 3.25 dwelling units per acre. If approved, the overall density for the entire planned development, including Ridgepointe Phase l-A, will be 3.36 dwelling units per acre. The planned development ordinance established a maximum density cap of 4 dwelling units per acre and a maximum of 603 lots. This plat is well below the established maximum lots for the planned development. Mr. Tom Cravens with Benchmark, 2929 N. Central, Richardson, Texas, representing the developer addressed the council, stating the original plat was approved in 1992 and now Centex has sold the 121 acres to Mockingbird Development who is ready to proceed. He said the developer has agreed to all staff stipulations and the plat does conform to the maximum density cap. Mr. Cravens said the developer has tried to eliminate too many lots fronting on Standridge Road to make a better development. Mayor Manning asked if sidewalks will be on either side of Standridge and Mr. Cravens said they will. General discussion followed regarding the size and quality of the homes to be built. Mr. Chavez reminded council that the controlling document is still the zoning ordinance passed in 1992 and that staff will make sure this development meets all the minimum standards. 7 Tim House representing the developer said they will abide by the standards, noting the house size will nm from 1500 to 2500 square feet. Mr. Cravens and Mr. House addressed the density transfer clause of the ordinance, stating it allows the developer to move the location of certain size homes to other areas as long as they remain under the allowed cap. Mr. House said they are planning to build approximately 100 less homes than originally allowed. Mr. House said they hope Phase 1 to be on the ground in early 1997, with a new phase beginning each year. Further discussion regarding the density cap of 603. That number does not change. If the developer wants to build more homes then it will require approval of a replat. Mr. Chavez reminded everyone that the zoning ordinance is still in control and that the size of the home is tied to the size of the lot. Motion to approve as recommended by P&Z and staff- McCreary; second - Dillard. Steve Swerdloff, Chairman of P & Z, told the council that in reviewing this request, the Commission had to abide by the density transfer clause in the zoning ordinance and what the developer has requested is within those standards. Mr. House assured council that they (developer) are not trying to max this property out, noting the smallest lot is 5500 square feet. Councilman Dillard said it appears the plan is not changed that much, it is just spread out. Mr. House said they are trying to respond to the market, noting the market now is for larger homes and they expect their homes to be similar to those in Phase 2 of Stewart Peninsula. Further discussion regarding the size of homes to be built. Motion to postpone to a work session in two weeks with action to be taken at that time - Heiman; second - Longo. Mr. Chavez stated that State law requires specific reasons for postponing approval of a preliminary plat. Mayor Manning also reminded everyone that there is a Planned Development Ordinance which allows what is being requested. Councilman Longo said it appears homework has not been done and therefore a work session is needed. Mr. Smith said the homework was done, and that the developer followed our rules and now there seems to be a concern. Steve Tolen said since it appears the plan has changed, then this can be tabled. Councilman Watts asked if it is legal for us to postpone this and Mr. Chavez said if there is a valid concern, yes, but that it must be specific. He said you cannot deny or postpone without just concerns. Mr. House again stated he is not trying to change the zoning standards but to respond to market conditions, continuing to say this will be a good, quality development. Vote on the motion to postpone was taken as follows: Ayes - Longo, Watts, Heiman Noes - Hardin, McCreary, Dillard, Manning 8 Vote on the motion to approve as recommended by P&Z and Staff was taken as follows: Ayes - Watts, Hardin, McCreary, Dillard, Heiman, Manning Noes - Longo 8. PRESENTATION AND ACCEPTANCE OF PLANNING AND ZONING ANNUAL REPORT Steve Swerdloff, Chairman of Planning and Zoning, and City Planner, Sam Chavez presented the 1995 Annual Report for Planning and Zoning for council's acceptance. Mr. Swerdloff highlighted for council the activities of 1995 and list of goals for 1996. Councilman McCreary thanked them both for an excellent product and expressed appreciation for putting together a useful tool. Mr. Swerdloff thanked the council for their support and praised Sam Chavez for his good work and tireless performance. Mayor Manning also thanked P & Z for their hard work, noting it is a very important time in the history of our city and that he hopes the members of the commission continue their service. Councilman Watts thanked Mr. Swerdloff for being present at the meeting, stating the P&Z is very important to the city. 9. DISCUSSION OF ETHICS GUIDELINES FOR THE CITY COUNCIL Councilman Kay Hardin said it is time we have guidelines for ethics for conduct of council. Councilman MeCreary said he has reviewed this also and has found very different documents in different cities. He said we should be careful in adopting an ordinance. Councilman Dillard asked Councilman Hardin why she waited two years to bring this up noting this is the end of her term and asked if there is any particular violation. Councilman Hardin said there is no specific violation, this is just a draft for consideration. Councilman Dillard said the State Law and the Election Code provide laws (regarding ethical conduct for councilmembers) He said Councilman Hardin won't be under the guidelines she has proposed. Councilman Hardin said it should not matter when they are brought up, that this is not about certain people, although, we have had concerns in the past and if guidelines were in place, we would not be having this discussion. Councilman Heiman agreed that we need an ethics ordinance but that he has some concerns with some of the items in this proposal, specifically, regarding the owing of land in the city. He said this is a good starting point and he would like to see the council pursue conflict of interest guidelines. Steve Tolen, 4353 Newton, said it was offensive for Councilman Dillard to attack Councilman Hardin, adding the council needs to address these issues so citizens can breathe easy. He commended Councilman Hardin for her efforts. Mayor Manning said if these guidelines were taken to Congress there would be no votes allowed in Congress. 10. CITY MANAGER AND STAFF REPORTS * Driveway issues at 121 and 423 have been resolved. * Wastewater Lab Building is 75% finished. * A list of updates to ordinances has been provided to the council for their information. * The Senior's Facility is going great. Mr. Smith commended the volunteers and their coordinator for their work. * Bike Rodeo is set for April 27, 1996 at TCHS from 10:00 a.m. to 2:00 p.m. K-5 * Refuse Disposal - working on how to provide information to citizens. * Pat Dunlap gave a report on the contaminated water samples taken recently. He gave a very detailed report of the steps the city has taken and is continuing to take regarding the problem. He and David Yordy both responded to questions, ensuring everyone the water is safe to drink. Councilman Watts asked David Yordy about the ammonia based system, stating she was told last year that we were looking into that system. Mr. Yordy said they have reviewed it and want to be sure it is what we really need. He said Dallas treats their water with ammonia, we treat with chlorine and they really need to be treated the same to prevent reactions. He said he was notified Friday by Dallas that they will be cutting off water to The Colony for 5 days. He said this is a good time to purge our system. Spot samples that have been done in the same areas as before have been negative. Councilman Watts said if all her requests had been responded to last year, this may have been avoided. She said when she came on council, she heard talk of micro-management and how harmful it was. She said it appears micro management was needed to get council's requests answered. Continuing, she said she is very concerned about the water problem. Mr. Yordy said there is no health risk and that staff will continue to pursue the ammonia system. Councilman Watts said she never got any answers before and asked Mr. Yordy to respond to her personally. Councilman Heiman said he is concerned we take every step necessary to ensure safety and encouraged samples to be taken aggressively to get a handle on this situation. He also discussed how people can be informed about this matter. Mayor Manning said if the water was unsafe, the system would have been shut down immediately. Councilman Heiman asked about notifying citizens about this problem. Various ways were discussed. Johnny Smith stated we can possibly do a direct mailing, even though that is not budgeted. The next newsletter is not due out until June. He said we can look at the cost involved and something can be put on the utility bills. We will be in constant touch and coordination with TNRCC and they (TNRCC) will come to visit with the citizens if needed. He said he has had this problem in other cities and normally the second sample comes back O.K. This is a little different for Mr. Smith and Mr. Yordy because of a film that was formed and caused the second samples to be positive. However, Mr. Smith assured everyone that staff will do everything possible to make the water safe for our citizens. Patti Hicks advised that early voting began today and 7 people voted. She also updated the council on the status of pending ordinances regarding Emergency Medical Service, Sale of 10 Tobacco to Minors and Possession of Weapons in the Workplace. She stated all three were being reviewed and input is being sought from staff, council and the city attorney. William W. Manning, Mayor ATTEST: Patti A. Hicks, TRMC, City Secretary