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HomeMy WebLinkAbout12/02/1996 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON DECEMBER 2, 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 2nd day of December, 1996, at City Hall with the following Council roll call: William W. Manning, Mayor Present Bill Longo, Councilmember Present Mary Watts, Councilmember Present David Stanwick, Councilmember Present Wilma Avey, Councilmember Present John Dillard, Councilmember Present Dave Kovatch, Councilmember Present and with seven present, a quorum was established and the following items were addressed: Before any items were addressed, Mayor Manning advised that due to the city failing to post zoning change notification signs, the city attorney has recommended not holding the posted public hearings, which are items 2, 3, 4, and 5 of this agenda. Also item 7C and item 8 are related to a zoning case on which the public hearing was held previously. Because signs were not posted prior to that hearing, these items need to be postponed as well. Mayor Manning advised that the City Secretary will advertise the hearings and the process will begin again as soon as possible. He said the tentative date is December 23, 1996, and if not then it may be December 30, 1996, depending on ability to advertise. Mayor Manning said the signs will be posted, the notices will be posted at City Hall, on Channel 6 and in the newspaper. He said everyone who is present tonight will be given an opportunity to speak at the hearings. PLEDGE OF ALLEGIANCE 1. CITIZEN INPUT This item is set aside for citizens to address the City Council regarding items which are not posted on the regular agenda, however, Mayor Manning and the Council allowed citizens to address item 8 which will be postponed. Robin Hull, 5952 Sand Hill Cir., stated that she has been reading The Leader recently, even the sports section, because there is no telling where news regarding the council and the planning and zoning commission will be found. She said there was nothing in last week's paper about this agenda. Ms. Hull said the city council needs to set a policy about where that information will be found. Richard Anderson, 8 Keen Cir., asked if the Citizen Input forms filled out tonight would become part of the record when the public hearing is f'mally held. Mayor Manning said they will. Mr. Anderson asked why the signs were not posted. Johnny Smith said an ordinance was passed just a few months ago requiring the signs and staff just simply failed to post them. He said it was an error, but not an attempt to hide anything. The City Secretary explained that notices for a Planning and Zoning Commission hearing have to be mailed 10 days prior to the hearing and the notice of a Council hearing has to be published 15 days prior to the hearing. David Ba¥1iss, 4001 Heron Cove, (president of the Homeowners' association) said all the people present are opposed to townhomes being built on the 40 acres located in the Stewart Peninsula area and, if Mr. Nichols will agree to delete them from the plan, there would be no problem. Mayor Manning suggested that the association meet with Mr. Nichols and try to address the concerns. Rusty Nichols was present and said he would be glad to do so. Scott Clements, 4017 Heron Cove, asked if it should be assumed that the process will start over with Planning and Zoning and Mayor Manning responded it probably would. Cissi Bauer, 4110 Fryer, said she is concerned with the traffic in the area before any construction takes place, not just the building of townhomes. She said an October '96 study says the area can't take anymore traffic. Pat Davis, 6848 Fryer, is also concerned with traffic, especially regarding children crossing F.M. 423, stating all the proposals she has seen still dumps traffic onto F.M. 423. David Heiman, 5949 Fox Drive, said the agenda could be posted on The Colony web page which would inform more people. He suggested waiting until after the fkst of the year so everyone can be heard and it will not cut into the holidays. Roland Sparks, #1 Latimer, suggested the council allow citizens to write their opinion and mail it in to the city, which would then become part of the record. He also recommended more than the required 72 hour notice of meetings. Laurie Collier, 4144 Gardner, asked why this issue needed to be addressed before the end of the year. Mayor Manning said to benefit the city and the developer. 11. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE ISSUANCE AND SALE OF CITY OF THE COLONY, TEXAS, WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1996-C, IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $1,700,000, PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID BONDS; AWARDING THE SALE THEREOF; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT This ordinance was postponed from the October 21, 1996, council meeting on the advice of Bond Counsel. Mayor Manning read the caption of the ordinance as stated above. Mr. Leroy Grawunder, with Fisher and Newsom, said he has been looking into all options available to the city with regard to the bonds. He stated that the issuance has been postponed due to the litigation and that he has had several discussions with the Attorney General's office who has said they will look at the bonds but will not give us an answer for about two weeks. Mr. Grawunder said he has recommended postponing action on the ordinance from meeting to meeting to keep the notice alive, but his recommendation now is to take no action on this ordinance and let the issue close. He said he hopes to have further recommendations ready for the December 16, 1996, agenda. Councilman Watts asked if the recommendation will be to go forward with both the issues (Billingsley water tower and water lines in Eastvale) or to separate them. Mr. Grawunder said he will try to bring a plan for both options. Mr. Boyd London, f'mancial advisor with First 7 Southwest Company, said he is not exactly sure what the plan will be until some answers are received from the Attorney General. No action was taken on this item. 6. CONSIDERATION OF FINAL PLAT AS PRESENTED BY MOSTAFA SETAYESH THE DIMENSION GROUP ON PROPERTY DESCRIBED BELOW NORTHWEST CORNER OF THE INTERSECTION OF F.M. 423 AND STATE HIGHWAY 121 The Planning and Zoning Commission reviewed this plat on November 26, 1996, and does recommend approval. Mr. Sam Chavez addressed the council - On November 26, 1996, the Planning and Zoning Commission recommended approval of the final plat of the Office Creek Addition subject to all staff stipulations. The applicant's request will establish a legal lot of record for future development of the site. Councilman Avey asked if the fight-of-way for widening F.M. 423 had been given and Mr. Chavez advised that 15' had been dedicated making a total of 140' of fight-of-way. Councilman Watts said ultimately, this property owner will come back to the council requesting a specific use permit for the sale of alcohol and asked if this plat needs to reflect that. Mr. Chavez said no, the plat has to conform with the subdivision ordinance, which it does. The SUP is not a part of that ordinance. Councilman Watts quoted the section of the Code outlining items required with a specific use permit application and asked if those six items are required for the plat and if they will be supplied at the time of the public hearing. Mr. Chavez advised they are not required for the plat and that they will be available at the public hearing. Councilman Watts asked if approving this plat guarantees the council will approve the SUP and Mr. Chavez advised that it does not. Councilman Kovatch asked if 140' of fight-of-way is sufficient for eight lanes and Mr. Chavez advised it is. Motion to approve the final plat as presented - Dillard, second - Stanwick. Councilman Watts asked when the council approved the preliminary plat on this property and Mr. Chavez advised a preliminary plat is not required on non-residential property. Motion then carried with all members voting Aye. 7. CONSENT AGENDA Mayor Manning summarized items on the Consent Agenda. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD NOVEMBER 18, AND 25, 1996 Council meeting minutes have been prepared for the council review and approval. Councilman Avey said she had not had time to read the minutes and would like to have them postponed. Motion to postpone the minutes to the December 16, 1996 meeting - Kovatch; second - Watts, carried with the following vote: Ayes - Longo, Watts, Stanwick, Avey, Kovatch. Noes - Dillard, Manning B. CONSIDERATION OF AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF THE COLONY, TEXAS; FINDING THAT ALL THE NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHT AND PRIVILEGES OF OTHER CITIZENS By passage of this ordinance, the City Council finalizes the procedure annexing 24.459 acres generally located in the southwest portion of the city, lying along the Lewisville/The Colony city limit line. Mayor Manning read the caption as written. Motion to approve the ordinance as written - Dillard; second - Kovatch, carried with all members voting Aye. C. CONSIDERATION OF AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF THE COLONY, TEXAS; FINDING THAT ALL THE NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHT AND PRIVILEGES OF OTHER CITIZENS GENERALLY LOCATED WEST OF F.M. 423, NORTH OF NORTH COLONY BOULEVARD AND WEST OF ETHRIDGE DRIVE IN UNINCORPORATED DENTON COUNTY By passage of this ordinance, the City Council finalizes the procedure annexing approximately 40 acres generally located in the western portion of the city, bounded on the north, east and south by the Stewart Peninsula Development. As was mentioned earlier in the meeting, this item will be postponed until the public hearing on the zoning case for this property is held again. Motion to postpone the ordinance until a future date - Longo; second - Kovatch, carried with aH members voting Aye. D. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE INTERVENTION IN TEXAS RAILROAD COMMISSION GAS UTILITIES DOCKET NO. 8647 AND RELATED DOCKETS AND CASES INQUIRING INTO THE RATES AND SERVICES AND OPERATIONS OF LONE STAR GAS 9 The above resolution has been recommended by the City Attorney to allow The Colony's participation in the gate rate case filed by Lone Star Gas (Docket No. 8664). Motion to approve the resolution as written - Dillard; second - Kovatch, carried with all members voting Aye. E. CONSIDERATION OF AUTHORIZING A LETTER OF INTENT REGARDING THE REGIONAL SOLID WASTE COMPOSTING/BIO-SOLIDS PROJECT The City has participated in this program over the past few months. This regional program for composting and biosolids is now a reality. The Upper Trinity Regional Water District (UTRWD) approved the proposed operation on November 7, 1996. Agronomic Management Group will operate the regional program. The program will handle yard waste and sludge. Motion to approve the resolution as written - Dillard; second - Kovatch, carried with all members voting Aye. 8. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY AMENDING APPENDIX A-ZONING, AMENDING THE OFFICIAL ZONING MAP OF THE CITY, BY APPROVING AMENDMENT OF THE PLANNED DEVELOPMENT 8 (PD-8) ZONED FOR THE (SF) SINGLE FAMILY RESIDENTIAL DISTRICT TO ADD APPROXIMATELY FORTY (40) ACRES, DESCRIBED BELOW, FOR SINGLE FAMILY RESIDENTIAL USES GENERALLY LOCATED WEST OF F.M. 423, NORTH OF NORTH COLONY BOULEVARD AND WEST OF ETHRIDGE DRIVE IN UNINCORPORATED DENTON COUNTY On November 18, 1996, the City Council and the Planning and Zoning Commission held a joint public hearing to discuss this zoning request. The Planning and Zoning Commission met on November 26, 1996 and has made a recommendation for approval of this request as requested by Stewart Peninsula Development Partners. Councilman Dillard noted that this item will be postponed due to the failure to post zoning notification signs prior to the public hearing. Motion to postpone to a future date - Kovatch; second - Stanwick, carried with aH members voting Aye. 2. PUBLIC HEARING ON APPLICATION OF HECTOR OJEDA, SAN ANTONIO TEX- MEX FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS SHOPPING CENTER DISTRICT (SC) SEEKING TO AMEND THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT FOR A RESTAURANT WHERE THE SALE OF BEER, 10 WINE AND/OR LIQUOR IS INCIDENTAL TO THE SERVING OF FOOD; AND CONSIDERATION OF AN ORDINANCE GRANTING THE ABOVE NAMED SPECIFIC USE PERMIT 5201 SOUTH COLONY BOULEVARD, SUITE 575 The public heating is a time for the council to receive input from staff, the business owner and the public with regard to this zoning case. Following the public hearing the council may take action to approve the request. The Planning and Zoning Commission heard this case on November 26, 1996, and does recommend approval. After this agenda was posted, it was determined that the Planning and Zoning Commission recommended continuing this case until December 12, 1996. The Council, therefore, will continue this public hearing as well. Motion to postpone to December 16, 1996 - Longo; second - Kovatch, carried with all members voting Aye. 3. PUBLIC HEARING ON APPLICATION OF WILLIAM E. COTHRUM, MASTERPLAN FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS SINGLE FAMILY RESIDENTIAL DISTRICT (SF), SEEKING TO AMEND THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT FOR WIRELESS COMMUNICATION ANTENNAS AND AN EQUIPMENT CABINET; AND CONSIDERATION OF AN ORDINANCE GRANTING THE ABOVE NAMED SPECIFIC USE PERM IT ON AN EXISTING WATER TOWER, LOCATED EAST OF BLAIR OAKS DRIVE ON THE NORTH SIDE OF CLOVER VALLEY DRIVE The public hearing is a time for the council to receive input from staff, the business owner and the public with regard to this zoning case. Following the public hearing the council may take action to approve the request. The Planning and Zoning Commission heard this case on November 26, 1996, and does recommend approval. Motion to postpone to a future date - Longo; second - Kovatch, carried with all members voting Aye. 4. PUBLIC HEARING ON APPLICATION OF MOSTAFA SETAYESH, THE DIMENSION GROUP FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS BUSINESS PART DISTRICT (BP) SEEKING TO AMEND THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT FOR A BEVERAGE STORE FOR THE SALE OF BEER, WINE AND/OR LIQUOR FOR OFF-PREMISE CONSUMPTION; THE RELATED SITE PLAN; AND CONSIDERATION OF AN ORDINANCE GRANTING THE 11 ABOVE NAMED SPECIFIC USE PERMIT NORTHWEST CORNER OF THE INTERSECTION OF F.M. 423 AND STATE HIGHWAY 121 The public hearing is a time for the council to receive input from staff, the business owner and the public with regard to this zoning case. Following the public hearing the council may take action to approve the request. The Planning and Zoning Commission heard this case on November 26, 1996, and does recommend approval. Motion to postpone to a future date - Longo; second - Kovatch, carried with all members voting Aye. 5. PUBLIC HEARING ON APPLICATION OF MOSTAFA SETAYESH, THE DIMENSION GROUP FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS BUSINESS PART DISTRICT (BP) SEEKING TO AMEND THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION; THE RELATED SITE PLAN; AND CONSIDERATION OF AN ORDINANCE GRANTING THE ABOVE NAMED SPECIFIC USE PERMIT NORTHWEST CORNER OF THE INTERSECTION OF F.M. 423 AND STATE HIGHWAY 121 The public hearing is a time for the council to receive input from staff, the business owner and the public with regard to this zoning case. Following the public hearing the council may take action to approve the request. The Planning and Zoning Commission heard this case on November 26, 1996, and does recommend approval. Motion to postpone to a future date - Longo; second - Kovatch, carried with aH members voting Aye. 9. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS AMENDING CHAPTER 16; PERSONNEL BY REPEALING SECTIONS 16-23, 16-26, 16-32 and 16-34 OF ARTICLE II; POLICE RESERVES This ordinance has been requested by Chief Clark as the sections reference above serve no useful purpose to the Reserve Program. The request was reviewed by the City Attorney who prepared the ordinance and recommends approval. Councilman Kovatch asked if Chief Clark had sufficient means by which to remove a reserve officer, if necessary, and Chief Clark assured him that he does. Motion to approve the ordinance as written - Longo; second - Kovatch, carried with all -- 12 members voting Aye. 10. CONSIDERATION OF AUTHORIZING EXPENDITURE OF FORFEITED FUNDS The Colony Police Department has approximately $900.00 in forfeited funds. Pursuant to Article 59.06 (c)(2)of the Texas Code of Criminal Procedures, these funds may be used to purchase items for the department. The Police Department is requesting approval to expend these funds. Motion to approve the expenditure as requested - Kovatch; second - Stanwick, carried with all members voting Aye. 12. APPOINTMENT OF CITY ATTORNEY This item was requested by Councilman Kovatch to be placed on the November 18, 1996, agenda, however, it was postponed at that meeting until a full council could be present. Councilman Kovatch asked that this item be dropped because what he wants is a discussion of the city attorney and then possibly a future action item. He said he will make a new request. 13. CITY MANAGER AND STAFF REPORTS 1. Reminder of the Christmas Parade at 2:00 p.m. Sunday, December 8, and the Christmas Tree Lighting at 7:00 p.m. that evening. 2. The Solid Waste Committee needs clarification from the Council regarding previous authorization to contract with a consultant at a cost now to exceed $5000.00. He asked if the committee and city manager can move ahead in working with a consultant recommended by Janice Brady and the committee. Mayor Manning said the committee is recommending using HDR because they are located in Texas and they have worked with Carrollton two times. He went on to ask if the council is concerned to let that be known, but if not, the cOmmittee will move ahead. Councilman Avey asked if the contracts with Texas Waste Management and C.W.D. had been extended (to allow time to review the RFP's). Mr. Smith stated they were both extended until April 30, 1997, if necessary. Councilman Avey said she wouldn't mind looking at the consultants. Councilman Kovatch said the purpose of the committee is to make a recommendation and he thinks the committee should move ahead. Mayor Manning stated the council is directing staff and the committee to move ahead in working with HDR in an amount not to exceed $5000,00 and that an action item will be on the December 16, 1996, agenda. 3. Councilman Watts asked for an update on the one way street (John Yates Drive). Chief Clark said he had reported at the last meeting and that nothing had really changed since that time. He said there have been no complaints since then and that crosswalk guards and other people involved feel it has improved the situation. 4. Councilman Longo asked if he could make a privileged motion, then proceeded: Motion to move the public hearings to the first week of January because too many people will be out of town for the holidays; second - Kovatch. 13 City Attomey John Hill said there does need to be a consensus on the date. Councilman Kovatch said he does not see hoTM it can be done before the end of the year. Councilman Dillard said if we proceed to postpone these items, we will once again be seen as a hostile council. Going on he said if we continue we will slow down the growth in the city. Councilman Avey agreed with waiting until after the fa'st of the year. Councilman Kovatch clarified publication dates and he and Councilman Longo agreed the hearings should be held at the first meeting in January (January 6, 1997). Councilman Watts noted that earlier there had been mentioned a meeting between the homeowners association and Mr. Nichols. Councilman Kovatch suggested recessing and then trying again. Mr. Jeff Stone said he has two requests for SUPs on this agenda also and he doesn't want to be forgotten. Councilman Avey reminded the citizens that even after the recess there would be no action taken at this meeting. 8:55 p.m. Recess 9:35 p.m. Reconvene Mayor Manning said he understands that an agreement has been reached between the developer and the homeowners' association regarding their concerns. David Bayliss, president of the association, said they had met with Mr. Nichols and that he (Nichols) had agreed to delete the townhomes from the plan. There will be only single family (not attached). Councilman Avey asked if this was just on the 40 acres or the whole P.D. Mr. Nichols advised it is just the 40 acres and that there is still an isolated area (C-i) where that type of home could be built. Councilman Longo and Councilman Kovatch withdrew their previous motion. Mayor Manning said we will try to address this as quickly as possible. Councilman Avey asked if the whole council can have a work session with Mr. Nichols to discuss the whole P.D. because she has some concerns. Mayor Manning asked the City Secretary to poll the council regarding that issue. Councilman Kovatch said the public hearings will be scheduled on December 19, 1996, if possible. Mr. Smith said the Mr. Bayliss will be advised when the meeting will be so that he can inform the association. Mayor Manning adjourned the meeting at 9:40 p.m. APPROVED: ATI~EST: William W. Manning, Mayor Patti A. Hicks, TRMC, City Secretary 14