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HomeMy WebLinkAbout02/24/1997 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON FEBRUARY 24, 1997 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:35 p.m. on the 24th 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 Present David Stanwick, (?ouncilmember Present Wilma Avey, Councilmember Present John Dillard, Councilmember Absent Dave Kovatch, Councilmember Present and with six present, a quorum was established and the following items were addressed: 6:36 p.m. 1. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.071 OF THE LOCAL GOVERNMENT CODE, REGARDING LITIGATION, TO-WIT: A. JWV ASSOCIATES, LTD. V. CITY OF THE COLONY, TEXAS, ET AL CAUSE NO. 97-50027-367 B. RICHARD KAMEN, DEBRA AND DANIEL FOESHER et al., PLAINTIFFS, v. CITY OF THE COLONY, TEXAS, DEFENDANTS, CASE NO. 4:96CV335 7:42 p.m. Reconvene into open session 2. WORK SESSION TO RECEIVE INFORMATION FROM FEMA REPRESENTATIVE REGARDING THE PROPOSED ORDINANCE Mr. Cliff Bormann, Building Official, addressed the council regarding the creation of the National Flood Insurance Program (NFIP) in 1968, formed to reduce the loss of life and property, and rising disaster relief costs, caused by flooding. Mr. Bormann introduced Mr. Dale Halff with the Region 6 FEMA office in Denton. He advised the new maps have been produced for all of Denton County and due to those changes, a new ordinance is needed in each city. The ordinance is almost identical to the existing ordinance except for the dates of the maps. Mr. Halff said this program is simple and very important. The ordinances are uniform throughout but The Colony has the most detailed maps in the whole county. Councilman Watts noted that approving the ordinance does not mean that people can build anything, anywhere and they wii~ be insured. Mr. Halff agreed stating that FEMA gives rules and direction on where to build and how to build when something is being built in a floodplain. 5 7:50 p.m. Recess 8:00 p.m. Reconvene INVOCATION - Rick Schultz - Lakeway Baptist Church PLEDGE OF ALLEGIANCE 3. CITIZEN INPUT - None 4. CONSIDERATION OF AN ORDINANCE ADOPTING RULES, REGULATIONS AND STANDARDS REGARDING FLOOD DAMAGE PREVENTION WITHIN THE CITY; REPEALING ORDINANCE NO. 445 Motion to approve the ordinance as written - Longo; second - Kovatch carried with all members voting Aye. 5. PUBLIC HEARING ON AMENDMENTS TO THE LAND USE ASSUMPTIONS FOR THE CITY OF THE COLONY Action was to have been taken on December 16, 1996, regarding land use assumptions, however, due to inclement weather, no action was taken. A second public hearing was ordered for this date. Mayor Manning opened the public hearing. Mr. Smith explained that land use assumptions are in place and Mr. Sam Chavez addressed the council explaining that the land use assumptions are for Impact Fees and have been prepared by J.T. Dunkin. He noted that on Plate 3, the council had discussed changing service area 6, but after further review, it is the recommendation of staff and consultants that it be left as shown on this plate. Mr. Chavez advised that the land use assumptions have to be adopted within 30 days after this hearing or we will have to advertise the public hearing again. This will be on the March 17, 1997, agenda for action. Councilman Kovatch asked if this includes land which we annexed from Lewisville and if it will have to be amended to include the recent annexation of the Billingsley property. Mr. Chavez advised it does include the land from Lewisville and will be amended to include the recent annexation. Mayor Manning closed the public hearing. 6. CONSENT AGENDA Mayor Manning summarized the items on the Consent Agenda. Items A, B, G and H were pulled for discussion. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF TIlE COUNCIL MEETINGS HELD JANUARY 20, 27 AND FEBRUARY 3, 6, AND 10, 1997; RATIFICATION OF MINUTES OF THE MEETING HELD JANUARY 6, 1997 Council meeting minutes have been prepared for the council review and approval. Minutes of the January 6, 1997, meeting were approved previously, however, by request from council, they have been revised to include verbatim transcription of certain portions, therefore, it is necessary for the council to ratify them as amended. Councilman Avey stated the minutes of the February 10, 1997, do not reflect her recollection of the discussion about house sizes on the Tri-West development (The Legends). She understood the 25% meant 25% would not be less that 1,650 square foot. Councilman Kovatch recalled agreeing to 1,400 square foot minimum and 25% no less than 1,500 square foot. Mr. Chavez responded stating the ordinance sets out his understanding of the discussion. Motion to approve all the minutes as presented with the exception of February 10, 1997, which will be postponed to the next meeting and will be amended according to the action taken later in this meeting on the Tri-West development - Kovatch; second - Avey carried with all members voting Aye. B. CONSIDERATION OF AMENDMENT TO CONTRACT FOR "SATURDAY NITE OUT" Mayor Mmming advised that a citizen wished to speak on this item. Pamela Ebert, 5320 N. Colony Blvd., stated that her children occasionally attend Saturday Nite Out and she is concerned about what is being taught there. Slow dancing is offered to young children and that is not appropriate, because it encourages inappropriate touching. She stated that the chaperones try to stop this activity, but it continues anyway. All the activities offered should be appropriate for all the ages that attend. Ms. Ebert continued stating the current price is too expensive and the food (for sale) is too expensive also. She doesn't think this is a healthy or economical activity and asked that more appropriate activities be offered. She suggested surveying the churches to see what they think would be appropriate activities for the children. Councilman Watts said she understood the contract is not up for renewal, but Pam Nelson clarified stating it is up for renewal and the information given them in their packet was incorrect regarding that matter. Councilmz, n Watts said she has received calls and moved to postpone so citizens can have input. Motion to postpone to the March 3, 1997, meeting - Watts; second - Kovatch, carried with the following vote: Aye - Longo, Watts, Avey, Kovatch, Manning No - Stanwick C. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF CHEMICALS FOR THE PARKS AND RECREATION DEPARTMENT; AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Bids were opened publicly on January 27, 1997. Staff is recommending award be made to two companies for the purchase of chemicals; purchase of insecticide - B&G, purchase of herbicide - Estes. 7 Motion to accept the bids and award the contract to B&G and Estes as recommended - Kovatch; second - Watts, carried with all members voting Aye. D. CONSIDERATION OF A RESOLUTION APPROVING THE AMENDED FISCAL YEAR 1997 FINANCIAL PLAN OF THE DENCO 9-1-1 DISTRICT All cities participating in the Denco 9-1-1 District are required to approve the budget and any amendments for the district. Approval of this amendment is recommend. Motion to approve the resolution as written - Kovatch; second - Watts, carried with all members voting Aye. E. CONSIDERATION OF AUTHORIZING REIMBURSEMENT OF MILEAGE EXPENSES IN THE AMOUNT OF $19.84 TO COUNCILMAN BILL LONGO Pursuant to Section 2.08 of the Charter expenses the Councilmembers incur in the performance of their official duties are to be approved by the full council before reimbursement. Motion to approve the reimbursement as presented - Kovatch; second - Watts, carried with all members voting Aye. F. CONSIDERATION OF ACCEPTANCE OF A LETTER OF RESIGNATION FROM PATRICIA RIGGS FROM THE LIBRARY BOARD Due to business responsibilities, Mrs. Riggs has submitted her resignation, effective immediately. Motion to approve the reimbursement as presented - Kovatch; second - Watts, carried with all members voting Aye. G. CONSIDERATION OF REAPPOINTMENT OF BRIAN BAKER TO THE PLANNING AND ZONING COMMISSION The City Council made re-appointments to Boards and Commissions in December, however, Mr. Baker was not reappointed at that time. He has continued to serve on the Commission and in accordance with council's direction this item is being placed on the Consent Agenda. Councilman Longo said he wanted this item to be tabled so the council can have a session to fill all the vacancies on all the boards. Motion to table this item until the council can hold a special session to fill all the vacancies - Longo; second - Avey. Mayor Manning asked the council to remember that Mr. Baker is a member of the Commission and only removed his name for consideration when he thought he was moving from the city and then shortly thereafter realized he was not moving and has continued to attend Commission meetings. Mayor Manning said we reappointed the other sitting members and doesn't understand why we would single him out for exclusion. Councilman Longo said it was because he resigned. Ms. Hicks responded, stating that Mr. Baker did not resign. He had set up an appointment to be interviewed, but did not come to the interview because he thought at that time that he was moving out of the city. When he realized he was not moving, he called and advised that he was very interested in being reappointed. Historically we have allowed people to continue to serve (past their expiration date) when they can, until they are replaced or reappointed. Councilman Kovatch said this is not personal against Mr. Baker, but we have two openings on P&Z and now another one on the Library Board. He said to go ahead and hold a meeting, interview the applicants and make appointments. Mr. Smith stated that this is council's decision, but asked them to consider that with everything going on with P&Z, they really need to keep as many members seated as they can. He said he was not aware of any problems with Mr. Baker's attendance. Mr. Chavez agreed. Councilman Avey said that in all fairness to those who submitted their applications the council should hold a special session, if necessary, this week to interview applicants. Mayor Manning asked the council to remember how difficult it was to get applicants the first time and that he can't believe we are going to "throw somebody away." Councilman Watts said this is not focusing on Mr. Baker. The issue is that a term expired, there are two openings, we have applicants, Mr. Longo submitted a written request to fill those seats sometime ago, that was not pursued. Now suddenly this has come up. She suggested taking whatever applications there are before us and asked the City Secretary to see that previous applicants are contacted to see if they are still interested. Then we can interview them as well, plus any new applicants and Mr. Baker if he chooses to re-apply. Ms. Hicks stated that the interviews were held the end of November and council directed her to find some new applicants. There have not been very many, and those received have been forwarded to the council as received. A meeting can be set up, however, it cannot legally be done this week. Councilman Stanwick said Mr. Baker is ready and able, is sitting on P&Z, has the experience, has done a good job and said he doesn't see the point in interviewing him again. He said interviewing for the remaining open spot would be fine. Councilman Kovatch said this is not about Mr. Baker. He said Mr. Baker will probably be high on his list for reappointment, but this is about getting all the positions filled. He said he was concerned about Mr. Baker's attendance at meetings since his term expired. He suggested interviewing prior to the March 17, 1997, meeting. Councilman Longo restated his motion. Motion carried with the following vote: Aye - Longo, Watts, Avey, Kovatch No - Stanwick, Manning Mr. Chavez asked if this means that if there is not a quorum at the P&Z meeting on February 25, 1977, that Mr. Baker cannot fill that seat. Mayor Manning said that is correct. 9 H. CONSIDERATION OF ACCEPTANCE OF A GRANT IN THE AMOUNT OF $225,000 UNDER THE COPS UNIVERSAL HIRING PROGRAM TO HIRE THREE ADDITIONAL POLICE OFFICERS Acceptance of this grant will allow the Police Department to add three police officers and will bring the department up to the minimal number of officers for a city our size, with minimal budgetary impact. Staff recommended approval. Councilman Avey asked Chief Clark what positions these officers would hold and if we would need new vehicles. Chief Clark said the officers will be in patrol and no new vehicles will be needed at this time. He said if an officer moves into the city, according to the take home policy, then we may need to add another vehicle in next year's budget. Chief Clark that would be a budgetary consideration and would be brought to the council. He said if these new officers do live in the city, then they will use a pool car. Councilman Avey asked what other responsibilities the city has through this grant. Chief Clark said one requirement that is hard to enforce is that the officers are supposed to remain employed by the city through the life of the grant (3 years). Chief Clark said this a good grant and there is not a better one available for police personnel. Councilman Avey said the city will bear the full cost in the 2000-2001 budget year. Tony Johnston, Finance Director, addressed the comment, stating first that according to the take home car policy, 6 new police cars are scheduled to be purchased each year. The policy accommodates for new cars and new officers. He said there will be no more vehicles purchased this year but 6 will be purchased next year. Regarding the year 2000-2001, Mr. Johnston said we are projecting an increase in revenues each year of at least $200,000, and with growth as it is, there will be no problem paying for these officers. -- Councilman Avey asked Chief Clark if this meant he would not need anymore new officers in the next three years. Chief Clark said no, it means that with these 3 officers and the (upcoming) grant for 3 Community Service Officers, he will not have to add anymore personnel this year. Motion to approve the grant as presented - Kovatch; second - Stanwick carried with all members voting Aye. 7. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR WASTEWATER PLANT IMPROVEMENTS FOR AERATION AND GRIT REMOVAL SYSTEMS; AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Bids were opened publicly on January 6, 1997, from seven companies. After review, staff and consultants are recommending awarding the bid to PKG Contracting, Inc. for an amount not to exceed $592,500 for the installation of the aeration and grit removal systems. Mr. Pat Dunlap, Public Services Director, addressed the council stating this project is to replace the twenty year old aeration and grit removal systems in the plant currently. The system will provide improved performance toward keeping the treatment plant within compliance of its TNRCC approved permit and an operational cost savings will also be realized in both decreased power consumption and sludge production. 10 Motion to accept the bids and award the contract to PKG Contracting Company as recommended - Kovatch; second - Longo carried with all members voting Aye. 8. CONSIDERATION OF ACCEPTANCE AND AWARD OF PROPOSAL FOR SOLID WASTE AND RECYCLING SERVICES FOR THE CITY OF THE COLONY; AND APPROVAL OF AN ORDINANCE AUTHORIZING A CONTRACT FOR SAME Mayor Manning explained that following the work session on February 20, 1997, the Council will not be taking action on the above matter. Councilman Watts left the meeting at this time. Motion to postpone this item until a special session can be set for the earliest possible date - Stanwick; second - Avey, carried with all members voting Aye. Councilman Watts retumed to the meeting. 9. CONSIDERATION OF AN ORDINANCE AMENDING ITS COMPREHENSIVE ZONING ORDINANCE AND AMENDING PLANNED DEVELOPMENT NUMBER 9 AS ESTABLISHED BY ORDINANCE NUMBER 862 ON OCTOBER 17, 1994; CREATING A NEW PLANNED DEVELOPMENT NUMBER 13; PROVIDING FOR SINGLE FAMILY RESIDENTIAL USES ON THE BELOW DESCRIBED PROPERTY NORTH AND SOUTH OF S. COLONY BOULEVARD BETWEEN PAIGE ROAD AND THE BURLINGTON NORTHERN RAILROAD Following a work session on February 10, 1997, Council is asked to approve the zoning request by Tri-West. Mr. Sam Chavez addressed the council stating that during a joint session with council on January 20, Planning and Zoning had recommended approval of this zoning request subject to all staff stipulations, including the Commission's additional stipulation for a minimum 1,300 square foot house size in Parcel C, Tract 2. (The original request was for 1,100 square foot minimum). Following that joint session, the council held a work session and the following items were addressed at that time: 1. 1400 square foot dwelling unit sizes in Parcel B, Tract 1 Parcel C, Tract 1 and maximum percentages allowed at that size. 2. Maximum percentage of 1,300 square foot dwelling unit sizes allowed in Parcel C, Tract 2. 3. Submittal of Development Schedule 4. Emergency access. Mr. Chavez stated the ordinance being presented includes all the above items and the development schedule is attached as an exhibit. The Fire Marshal met with the applicant today and is here to answer any questions the council may have. Mayor Manning said the questions revolve around the percentages. 11 Councilman Avey said she recalls that she first talked about maximum of 60% of the homes not being under 1,650 square feet, because that is our standard. To allow 25% of the lots to be at 1,400 square feet means the next ones could be built at 1,450. She said the wording is jeopardizing to the city. She suggested replacing the words "at the specified minimum" with the words "below 1,650 square feet" in each of the scenarios on page 7 of staff stipulations. She said she knew everyone was talking (during the work session) and she wanted to be sure everyone knew her intent was not to vary from our standards so much. Mayor Manning said he remembers the discussion of a tiered percentage but it was his understanding that at the end of the meeting what has been presented tonight is what was agreed upon. Councilman Avey said apparently there was a miscommunication and suggested the council sit down again and discuss this. Councilman Watts asked if it would work to take out the 1,400 square feet and state that 25% may be less than 1,650 rather than saying 1,400. Councilman Avey said no, the residents were showing a concern for the proposed 1,100 and that's why the minimum of 1,300 square feet was in there. The minimum being 1,300 square feet and not more than 25% being under 1,650 on any tract. Councilman Watts said then we can say 25% may be less than 1,650, but none can be less than 1,300 or 1,400 or whatever the minimum. Councilman Avey reiterated her suggestion to take out the wording "at the specified minimum" and replace it with "below 1,650 square feet." Mr. Sam Chavez advised that by changing that verbiage to say that not less than 25% can be built at 1,650 square feet, is establishing the minimum house size for that tract at 1,650. Councilman Avey said no, you would have your variation in the development they are looking for up to 25% being below what is in the original P.D. which is 1,650. Councilman Kovatch stated he distinctly remembered asking Mr. Gilliland about establishing the minimum at 1,400 square feet and no more than 25% of the homes will be less than 1,500 square feet. He said he thought that was the consensus at the end of the meeting, regardless of all the discussion in between. Councilman Avey said there is a difference of opinion on the consensus and that's why it needs to be talked about again. Councilman Kovatch asked if there is a consensus now as he stated it before. Mr. Johnny Smith stated that was his recollection as well. He said that is what was restated that night and that is what he recalls as the consensus. Councilman Stanwick said that is what he recalled and went on to say the developer is not going to build a lot of small homes. When you look at the number of homes per tract, 25 % is not a large number of homes. Councilman Watts said she remembered the discussion and the fact that we did not want 1,450 square foot homes built and Councilman Avey's concern seems to be area between 1,400 and our 1,650 standard. Councilman Watts agreed the builder would like to build larger homes but that she has no doubt the builder could sell the smaller homes. She said this council continually leaves itself open for future problems and trying to use Councilman Avey's suggestion is the best for everyone involved and reiterated new verbiage "a maximum of 25% of the lots shall be developed below 1,650 square feet." Mr. Sam Chavez said by doing that they would be setting two minimum standards. You are setting a minimum of 1,400 square feet but only 25% can be built under 1,650 square feet. You have said 75 % of the lots would have to be built at or above 1,650 square feet. Councilman Watts said that's right, 25% could be built below our standards. Mr. Chavez said then the amendment would read that the minimum would be 1,650 square feet a maximum shall be 12 developed at 1,650 square feet but no less than a minimum of 1,400 square feet. Mayor Manning suggested hearing from the developer. Councilman Kovatch stated that he does not think this is the consensus. Terry Mitchell, Carter & Burgess, addressed the council, stating that two of their staff members at the work session took notes on the final resolution and their notes agree with the City Manager's scenario. He said the discussion compared this development to Stewart Peninsula which has a 1,500 square foot minimum. The decision was made on Parcel B, Tract 1 and Parcel C, Tract 1, and was very clearly stated that 1,500 would be the preferred house size, however, 25% could be at 1,400. We also committed to increase the 1,100 to 1,300 with no percentages discussed on that section. Mr. Mitchell said he was surprised this discussion was even taking place, since this was discussed so freely and openly (at the work session) and the solution was reiterated very clearly. He said that was not our desire, but we were willing because it appeared to be the desire of the council. Mayor Manning said he remembered that agreement, too, and thought it was as Councilman Kovatch had stated. Councilman Avey said the city has a minimum standard. The residents need to be able to step up and we do not offer that in The Colony. We have starter homes, we do not have larger homes. Terry Mitchell said more important is the value of the house. The minimum dollar value of the 1,400 is $110,000 - $140,000 so there are a lot of places for people to move up. They can move into that tract and build a larger house. Councilman Avey asked if they had looked at the original P.D. when they purchased this property. Mr. Mitchell said they did and explained that the existing P.D. was put together by a developer that is almost exclusively a commercial builder not a residential builder and that the layout of the residential area was only 2 pages of the 30 page exhibit. They didn't really care about the realities of the residential development. They proposed over 2,100 houses would have all been built 1,650 and up and would not give the flexibility for a nice planned neighborhood and it can't work. Councilman Avey said she had suggested 60% is that something that we can negotiate on, something other than 25%. Councilman Kovatch said he has a problem with one Councilmember negotiating with the developer. Mr. Ross Calhoun, Tri-West Development, stated that his memory of the work session is the same as Mr. Smith's and th:.,t he thought it was the consensus of the council. He said there seems to be some concern about 75% being built at 1,450 and that is not their intent. He said they would not go up incrementally. He said in regard to move up they are offering a 7,500 square foot lot that will be for large, custom homes. He said what he believes the council is attempting to legislate is some level of mediocrity where there is no flexibility in varying products. The previous P.D. had no amenities, lights, parks, landscaping, etc. We are trying to avoid that. Motion to approve with the stipulation to change the wording on Tract B 1 and Tract C 1 with a minimum of 1400 with no more than 25% of them under 1500 square foot - Kovatch Mayor Manning clarified that is Parcel B, Tract 1 and Parcel C, Tract 1 with a minimum of 1,400 square feet. Councilman Kovatch said he wanted to change the second sentence to read a maximum of 25% of the lots shall be developed at less than 1,500 square feet. Mayor 13 Manning said there is some misunderstanding on Parcel C, Tract 2 because the stipulations show a 25% maximum as well and the developer does not recall that stipulation. Councilman Kovatch agreed, stating he does not recall that either. Amended motion as stated above to include that Parcel C, Tract 2 shall be developed with a minimum dwelling size of 1,300 square feet, and to include all other staff stipulations - Kovatch; second- Stanwick Councilman Avey said, "The ordinance refers to Tracts D, E, F, G, H & I which are not part of this P.D. and I would like to have them removed as part of the amendment to the P.D. The Council has not heard any zoning cases to change Tracts G, H, & I. I would like the motion to be amended to remove any reference to commercial development". Mr. Chavez said those sections refer to amending the Thoroughfare Plan, not zoning. Councilman Avey said F, G, H, & I are Business Park and we haven't approved the layout. Mr. Chavez agreed, and said we are not changing anything, it is the same as before, zoning. We can change the wording to reflect Business Park. Councilman Avey asked where visitors to the amenities will be allowed to park. Mr. Mitchell said that is a platting issue, not a zoning issue. Councilman Avey said there seems to be an omission for a 2 car garage on page 8 of the ordinance. Karen Porter, Carter & Burgess, said they will make that change. Councilman Avey asked if Councilman Kovatch will amend his motion to reflect this. Councilman Avey asked about off-street parking for amenities. Mr. Mitchell said again, this is a platting issue, not a zoning issue. Mr. Calhoun said they have walkways connecting all -- the amenities and they are going to provide some off-street parking, but they are going to discourage vehicular traffic. Amended motion to change the reference of D, E, F, G, H & I to reflect Business Park and to include 2 car garage - Kovatch Mayor Manning said he knows they are going to make some changes on the commercial and he wants to be sure we aren't giving them permission tonight to do that. Mr. Chavez said we are not, the ordinance specifically describes which property this covers. There are no changes to the commercial property. Councilman Stanwick asked for Dave Wallace, Fire Marshal, to address the emergency access issue. Mr. Wallace said he met with the developer this morning and that he is satisfied that, with the Phase I construction of Momingstar from the northern end to Hwy 121, will give 3 points of access into that area. He said the current response time is under 4 minutes and he does not see this area as a problem. Councilman Stanwick seconded the amendments as stated. Mayor Manning asked if the developer is agreeable with the stipulations stated and Mr. Calhoun agreed. Councilman Avey asked for a corrected ordinance this week. -- 14 Mike Lynch 4921 Roberts, clarified that Morningstar will be open all the way to 121 before the first house is occupied. Mr. Mitchell stated it will be open. That will be with curbs on both sides. The intersection at 121 will be wider than 2 lanes to allow for turning. Motion carried with all members voting Aye. 10. CONSIDERATION OF APPROVAL OF PRELIMINARY PLAT FOR THE LEGACY PARK APARTMENTS ADDITION TO BE LOCATED ON THE EAST SIDE OF F.M. 423 BETWEEN OFFICE CREEK AND ALBERTSON'S This preliminary plat is for the first multi-family project in the city and is recommended for approval by staff and the Planning and Zoning Commission, subject to all stipulations. It should be noted the name of the apartments is being changed to Colony Creek Apartments to avoid trademark infringements. Mr. Sam Chavez advised this site is for the fkst multi-family project in the city. The plat conforms with the right-of-way requirements. Truman Edminster, Carter & Burgess, stated they agree with all staff stipulations and are not asking for any variances. Councilman Avey asked if the landscaping meets the requirements and Mr. Chavez advised that is a platting issue, not a site plan issue. Motion to approve the prelinfinary plat as presented - Kovatch; second - Longo, carried with all members voting Aye. 11. CONSIDERATION OF APPROVAL OF SITE PLAN FOR THE LEGACY PARK APARTMENTS ADDITION TO BE LOCATED ON THE EAST SIDE OF F.M. 423 BETWEEN OFFICE CREEK AND ALBERTSON'S This site plan is recommended for approval by staff and the Planning and Zoning Commission, subject to all stipulations. Mr. Chavez said the project's density of 18.7 dwelling units to the acre is well below the allowable zoning density of 21.0. The Zoning Ordinance allows the Planner to approve the two modifications for a reduction in roof pitch and parking stall dimensions, but he has brought them to P&Z and the Council just for consensus. Councilman Avey asked if the landscaping meets the bonus requirements in our ordinances. Mr. Chavez advised there is no bonus in this development. He said they have to agree to all that is listed in their P.D. or they will not be allowed to develop. Councilman Longo expressed concern over the height of the berm in regard to traffic leaving the complex. Mr. Chavez said it does comply with the view corridor regulations in our Code, and they will make sure that those regulations are met. Councilman Watts asked about drainage and Mr. Edminster explained that water will drain into the creek. The developer w,ll be cleaning out the brush and undergrowth but keeping the trees. There will be a complete water shed modeled for Office Creek. Mr. Edminster introduced Kyle Lovelady and Dennis Wenzler with Centex Multi-Family Development. Mr. Wenzler stated that a trash compactor will be located on the property. Trash will be picked up from the residents 3 times a week by a "trash valet" service and they will also be doing recycling. Mr. Wenzler said he had spoken to Dave Wallace about firefighting concerns 15 and the Fire Department is fully satisfied. The buildings will be fully sprinklered and there will be a standpipe from the front of the buildings to the back, which will allow access to all 3 stories. Heat detection units are being placed in attics which will also enhance fee detection. Mr. Wallace responded regarding rescuing someone from the 2nd or 3rd floor by stating the fire will be contained on the bottom floor, and fire personnel will go to the top floors for rescue. The fn'e department has ladders which will reach 35' but will not reach the roof. In the event there is a fire in the complex, mutual aid from other cities will be called for. Chief Morrison said that a new system of key rating is being initiated and by the time The Colony is graded, we will probably have the proper equipment to fight a multi-story fire. Discussion followed regarding impact fees. Mr. Chavez said we have them for water and wastewater and as soon as the Land Use Assumptions plan is approved we will have them for roadways. Developers will be assessed when they get their building permit. Councilman Watts asked we can get a developer's agreement since we don't have them in place. Mr. Chavez said we can, but reiterated that we do have them in place, just not revised. Mr. Smith said we could try to negotiate for a fee that falls somewhere between the existing fees for residential and commercial, since multi-family does not exactly fall into either category. Councilman Watts asked Chief Joe Clark to respond regarding his memo of October 8, 1996, concerning growth, as it relates to security at this complex. Chief Clark said that memo was specifically written to address the Billingsley development and discussed low-income apartments. Chief Clark said a walled or gated complex, a security guard, etc. would be helpful. Mr. Wenzler said there will be security monitors and alarms in each apartment. Mike Lynch asked questions regarding drainage, fire monitors, external rescue and lighting. The drainage will be handled by drains and pipes and the developer is responsible for -- erosion. The fire monitors will tell the location of the fire. External rescue can be handled adequately, but they do plan to budget for a ladder truck in the future. Lighting will be provided in the parking lots, pathways, and on the buildings and will conform with the city's requirements. Motion to approve the site plan as presented - Stanwick; second - Kovatch carried with all members voting Aye. 12. CITY MANAGER AND STAFF REPORTS - None With no further business to address, Mayor Manning adjourned the meeting at 10:00 p.m. ATTEST: William W. Manning, Mayo Patti A. Hicks, TRMC, City Secretary 16