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HomeMy WebLinkAbout02/03/1997 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON FEBRUARY 3, 1997 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 6:40 p.m. on the 3rd day of February, 1997, at City Hall with the following Council roll call: William W. Manning, Mayor Present Bill Longo, Councilmember Present Mary Watts, Councilmember Absent (Arrived at 7:30) David Stanwick, Councilmember Present Wilma Avey, Councilmember Absent (Arrived at 7:14) John Dillard, Councilmember Present Dave Kovatch, Councilmember Present and with five present, a quorum was established and the following items were addressed: 1. WORK SESSION TO RECEIVE INFORMATION FROM SOUTHWESTERN BELL REGARDING PROPOSED EXTENDED AREA SERVICE Holly Rorschach, Regional Director of Extemal Affairs for Southwestem Bell Telephone Company "SWB", addressed the council regarding their plans for new Extended Area Service (EAS) for The Colony and other surrounding towns. The original EAS was put in place in 1990 and brought about the "625" exchange in The Colony. The EAS is more popular now and more people are signed up on the EAS. SWB has been working with the other area cities and Denton and Collin Counties to come up with something to answer all the needs of the customers. The new plan would not be optional, as the EAS is now. All customers would have the same calling scope. There would be no new numbers. Residential service would go down from $30.00 a month to $17.95 a month. Those customers without "625" numbers ("370") would pay $8.95 a month and would be able to make 25 outgoing calls within the calling scope. After the 25th call, they would be charged $.08 per call (in or out of The Colony). They would be able to receive unlimited incoming calls. Intemet access counts as any other call ("625" or "370"). The cities involved are The Colony, Frisco, a small portion of Plano, Lakewood Village, Oak Point, Little Elm and Hackberry. The two counties have been asked to designate a representative as well. All representatives will have to go before the PUC with SWB and present this plan. The next step will be the resolution supporting the plan, asking for a vote and designating a community representative. It has been suggested that Denton County Commissioner Jeff Kmeger and Collin County Judge Ron Harris be designated to represent the communities in their respective counties. Community meetings will be held to explain the plan to the citizens. Once the plan goes before the PUC, they (PUC) have 6 months to review it. They will want to ensure the balloting method is fair to all. SWB believes the plan will be fair and after the PUC rules, it will take SWB a year to 18 months to get the plan into effect. It was noted that business rates would decrease from $72.00 to $43.60. 4 Mr. Dick Weaver, 4941 Hackney, said it will cost people with '370" numbers more and they are going to be forced to change to the other plan. The work session was adjourned at 7:00 p.m. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT - None 3. MAYORAL PROCLAMATIONS DECLARING FEBRUARY AS AMERICAN HISTORY MONTH This proclamation requested by the Cross Timbers Chapter of the Daughters of the American Revolution was read in its entirety by Mayor Manning. It will be mailed to the requesting party. DECLARING FEBRUARY 2 - 8, 1997 AS SCOUTING ANNIVERSARY WEEK Requested by the Longhorn Council to celebrate the 87th anniversary of the Boy Scouts of America, the proclamation was read in its entirety and presented to a representative of the BSA. 4. CONSENT AGENDA A. CONSIDERATION OF AN ORDINANCE ORDERING AN ELECTION TO BE HELD ON THE 3RD DAY OF MAY, 1997 TO ELECT THE MAYOR AND TWO COUNCILMEMBERS Motion to approve the ordinance as written - Longo; second - Dillard, carried with all members voting Aye. B. CONSIDERATION OF AUTHORIZING A JOINT AGREEMENT WITH LEWISVILLE INDEPENDENT SCHOOL DISTRICT FOR HOLDING A JOINT ELECTION MAY 3, 1997 Motion to approve the contract as written - Longo; second - Dillard, carried with ali members voting Aye. 9. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 10 (HEALTH AND SANITATION) OF THE CODE OF ORDINANCES BY AMENDING DIVISION 2 RELATING TO ABANDONED AND JUNKED MOTOR VEHICLES This ordinance is requested by the Building Official in an effort improve enforcement capabilities. The ordinance has been prepared by the City Attorney and approval is 5 recommended by staff, the city attorney and the municipal court judge. Motion to approve the ordinance as written - Dillard; second - Longo, carried with all members voting Aye. 7:10 p.m. Recess until 7:30 p.m. Councilmembers Watts and Avey arrived before the meeting was reconvened. 7:30 p.m. Reconvene 7. CONSIDERATION OF AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY O1~ THE COLONY TEXAS, AS DESCRIBED BELOW APPROXIMATELY 75 ACRES GENERALLY LOCATED SOUTH OF S.H. 121, NORTH OF F.M. 544, BOUNDED ON THE EAST BY THE TOWN OF HEBRON, THE BURLINGTON RAILROAD AND THE CITY OF PLANO, TO THE SOUTH BY THE TOWN OF HEBRON, TO THE WEST BY THE TOWN OF HEBRON AND THE CITY OF CARROLLTON AND TO THE NORTH BY THE CITY OF THE COLONY Public hearings were held January 6 and 13, 1997 regarding this annexation request. Mr. Smith advised representatives were present from the Billingsley company to answer questions. Councilman Avey said she is not comfortable with the affidavit presented with the petition and moved as followed: Motion to start over with the annexation process - Avey; second - Longo. Councilman Watts asked for clarification of the Service plan regarding number of residents and city improvements. Mr. Don Blackwood advised there are no residents on the property and there are no city improvements. Councilman Watts asked if Marsh would be coming up to Legacy. Mr. Blackwood said there are no assurances to that. It is on Plano and Carrollton thoroughfare plans and they (developer) have urged both cities to leave it in their plans. Councilman Avey asked how we can comply with the requirement to provide services in 2 years. Mr. Smith said it would be done through bonds, noting this is standard language for a service plan. Councilman Avey asked when we will see their plan and know what is their responsibility and what is the city's responsibility. There is a work session scheduled for February 10, 1997 to review their master plan. Motion to start over failed with the following vote: Aye - Longo, Avey No - Watts, Stanwick, Dillard, Kovatch, Manning 6 Motion to approve the annexation ordinance - Dillard; second Stanwick, carried with the following roll call vote: Aye - Watts, Stanwick, Dillard, Kovatch, Manning No - Longo, Avey 8. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY AMENDING APPENDIX A-ZONING, BY GRANTING THE BELOW DESCRIBED PROPERTY AS PLANNED DEVELOPMENT (PD) FOR THE (BP) BUSINESS PARK DISTRICT AND THE (MF-3) MULTI-FAMILY DISTRICT WITH A MAXIMUM DENSITY OF 24 DWELLING UNITS PER ACRE GENERALLY LOCATED SOUTH OF S.H. 121, NORTH OF F.M. 544, BOUNDED ON THE EAST BY THE TOWN OF HEBRON, THE BURLINGTON RAILROAD AND THE CITY OF PLANO, TO THE SOUTH BY THE TOWN OF HEBRON, TO THE WEST BY THE TOWN OF HEBRON AND THE CITY OF CARROLLTON AND TO THE NORTH BY THE CITY OF THE COLONY Motion to approve the ordinance with staff stipulations - Stanwick; second - Dillard. Councilman Watts asked if 24 dwelling units to the acre is based on gross or net. Mr. Chavez advised it is gross less any r.o.w, dedications, which is the same as the other (Billingsley) properties. With regard to landscaping, Councilman Watts asked if the 121 Corridor Guidelines apply and Mr. Chavez replied they do not, however, he noted that our zoning ordinance does not require any trees and this plan goes above what our ordinance requires. Councilman Watts expressed concem regarding type of businesses the flexibility given with a P.D. may allow and stated close attention needs to be given to the overlay zoning on the primary zoning. Councilman Avey, "Sam, the conceptual plan map that is presented in our packet, is this exactly what is required by our ordinances?" Mr. Chavez, "The P.D. section of the Zoning Ordinance requires the applicant to either submit one or the other, either a concept plan or a development plan. If you read the ordinance as it is written, a development plan and a concept plan are basically the same thing. They require submittal of a site analysis, contour maps, vegetation survey map, which really gets more into the realm of actual site plan, which is what is usually done when a planning firm or an architectural firm sits down and actually starts to physically design the site. In this particular case, the applicant submitted a concept plan that shows a breakdown of acreage for business park and multi-family, therefore, giving us the planning tool that we need to assess impacts on water and wastewater." Councilman Avey, "So according to our ordinance for a conceptual development plan, we are to have site analysis information which should include a drawing to include flood plain, bodies of water, creeks, marshes, drainage areas, major tree groupings. This is what is required by our ordinance. And my map does not reflect those things. Is there a reason why you feel this is acceptable?" Mr. Chavez, "Because, again, once you get into that type of detail you're looking at a development plan, you're looking at a site plan, when you get down to that basic detail". Councilman Avey, "So are you suggesting that we change our ordinance to fit what you have 7 presented us? Or are you saying that we should not follow our ordinances?" Mr. Chavez, "No, what I am suggesting is that you give me the ability for some latitude when it comes to development scenarios. Because for the fact that is strictly a straight, it's a zoning proposal, it is not a site plan development proposal, or I would want to see some sort of contour lines, or engineering to determine grade, which is basically what you want contour lines for. Vegetation, again for siting ability, which to me would fall more in line for a development, those requirements for a development plan. In this particular case, this is simply a bubble concept plan that shows you "x" amount of acreage for this type of use. The Planning and Zoning Commission did review it, did recommend approval of it, and didn't require anything other than what you've got in your packet from the applicant." Councilman Avey, "So according to 10-650 of our Code of Ordinances, the procedure for approval of a conceptual development plan, which is what we are being asked to approve, what in there do we have in our packet?" Mr. Chavez, "What you have in your packet is a concept plan and you have staff's write-up that describes in what, how the property is going to be used, what the topo on that site is and the planning rationale for the proposed zoning district." Councilman Avey, "So we have on our map, the location and identification of mentioned existing covenants, easements which .... " Mr. Chavez, "There are no easements on that property." Councilman Avey, "None at all? We have, we are not going to obtain any as a city to put roads through there?" Mr. Chavez, "At the time of site plan approval, yes you would." Councilman Avey, "But not during the conceptual plan so we know what we need to do?" Mr. Chavez, "No ma'am." Councilman Avey, "So, according to our ordinance, 10-650, what is in this packet?" Mr. Chavez, "You've got a concept plan which shows you the delineation of acreage and how the -- property is going to be used. You have the boundary dimensions on that site and you have the total acreage on that site." Councilman Avey, "There are no groupings on this plan." Mr. Chavez, "There are trees on the site, yes ma'am, there are trees on the site." Councilman Avey, "That's not reflected on my map." Mr. Chavez, "That is correct, they are not." Councilman Avey, "And there's no creeks, no marshes." Mr. Chavez, "There's a creek that traverses that site and it's on the map." Councilman Avey, "That's the line that is drawn across that I cannot read what the writing is?" Mr. Chavez, "Yes, ma'am, that's it." Councilman Avey, "And, did staff discuss a development schedule with the development group, Mr. Blackwood or Mr. Billinsgley, at all?" Mr. Chavez, "No, ma'am, we did not." Councilman Avey, "Is there a reason?" Mr. Chavez, "Is there a reason why we didn't address a development schedule?" Councilman Avey, "Yes." Mr. Chavez, "It's all based on information that I've been working on for the past four or five months. That is the development of a 1200 acre Master Planned Development Community and during that process, I've reviewed slope analysis, view corridors, vegetative surveys, drainage. I've reviewed everything that you can review for a master planned development." Councilman Avey, "A development schedule would allow the city to know when that property was going to be developed and when we need to provide services and we're talking about our budgeting process. I would ask that P&Z and our planning department begin if not this one, from now on changes to P.D.'s to include a development schedule so the city can plan for the future. Thank you." 8 Motion carried with the following vote: Aye - Watts, Stanwick, Dillard, Kovatch, Manning No - Longo, Avey At this time, Mr. Don Blackwood reminded council that they will be in for a work session to present their plan in great detail. 5. RECEIVE REPORT ON THE PROGRESS OF THE WYNNEWOOD PENINSULA GOLF COURSE PROJECT Gary McClure, representing the EDC, stated we are in a positive position with regard to the golf course and introduced Tim House with Matthews-Southwest to give an update to the council. Mr. House said his company has been working for about 3 years to develop a 1200 acre Master Planned Community including this golf course. The goal is to provide a high quality golf facility that minimizes or eliminates exposure to the City of The Colony. Two fu'ms are being considered for the project and both have proven they have the money. By the end of February one will be chosen and it is hoped that construction will begin in 1997 with play beginning in late 1998. Environmental issues are being handled. The Corps has agreed to a 50 year lease with automatic renewals. There will be a letter to the City stating their standard practice is to renew each time the lease comes up. A PID will be established to finance the short fall of the golf course on the private land only, not on the city land. 6. CONSIDERATION OF APPROVAL OF PLANS FOR THE STEWART PENINSULA GOLF FACILITY Mr. Smith stated the City has a lease with the Corps for Stewart Peninsula and a sub-lease with Stewart Peninsula Golf for this golf course. The plans have to be sent to the Corps of Engineers after the council approves them. Mr. Rusty Nichols said they hope to break ground on February 15, 1997. Motion to approve the plans as presented - Longo; second - Dillard, carried with all members voting Aye. 9 10. CITY MANAGER AND STAFF REPORTS - None With no further business to address, Mayor Manning adjourned the meeting at 8:10 p.m. APPROVED: William W. Manning, Mayor ATTEST: Patti A. Hicks, TRMC, City Secretary 10