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HomeMy WebLinkAbout03/03/1997 City Council MINUTES OF TIlE CITY COUNCIL MEETING ltELD ON MARCH 3, 1997 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:40 p.m. on the 3rd day of March, 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, Councilmember Present Wilma Avey, Councilmember Present John Dillard, Councilmember Present David Kovatch, Councilmember Absent and with six present, a quorum was established and the following items were addressed: INVOCATION - No invocation was given. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Mike Lynch, 4921 Roberts Dr., expressed his concern regarding future multi-family trash pick-up since it will be designated commercial and the city will not receive either a franchise fee or road use fee from the service. He asked the Council to consider a 15% road use fee on all commercial contracts. 3. MAYORAL PROCLAMATIONS DECLARING MARCH AS WOMEN'S HISTORY MONTH Mayor Manning read the proclamation in its entirety. Representatives from the Junior Girl Scout Troop g968 accepted the proclamation. DECLARING MARCH AS HEARTWORM AWARENESS MONTH Mayor Manning read the proclamation in its entirety. The proclamation will be mailed to the Veterinary Medical Association. 4. PUBLIC HEARING OF THE CITY COUNCIL ON APPLICATION OF LUCILO A. PENA, BILLINGSLEY RESIDENTIAL, SEEKING AMENDMENT TO PLANNED DEVELOPMENT NUMBER 10 AS ESTABLISHED BY ORDINANCE NUMBERS 369 AND 382 AND AMENDED BY ORDINANCE NUMBER 868; BY AMENDING 5 PLANNED DEVELOPMENT NUMBER 12 AS ESTABLISHED BY ORDINANCE NUMBER 919 PROVIDING FOR A REDUCTION IN PARKING REQUIREMENTS FOR THE (MF-2 AND MF-3) MULTI-FAMILY RESIDENTIAL DISTRICTS FROM 2.0 PARKING SPACES PER DWELLING UNIT TO 1.7 PARKING SPACES PER DWELLING UNIT; AND CONSIDERATION OF AN ORDINANCE GRANTING THE ZONING REQUEST GENERALLY LOCATED SOUTH OF S.H. 121 ON THE EAST AND WEST OF PLANO PARKWAY Mayor Manning opened the public hearing and introduced Mr. Pena. Mr. Pena presented the master plan for the Austin Ranch development. He explained that they were going to build a community with a pedestrian environment rather than the vehicle predominance which exists in the North Dallas area. He pointed out that, ff sufficient parking is not provided for the development, the residents will not be pleased, therefore, adequate parking is of major importance to the developers. He continued citing examples of formulas used in other cities to determine the number of parking spaces required. The developer has chosen to use the formula based upon the number of bedrooms per unit resulting in a 1.7 parking space average. Mr. Don Blackwood, Billingsley Residential, addressed the Council stating that staff and the Planning and Zoning Commission have studied the proposal and recommended approval. Councilman Longo indicated he agreed with the 1.7 spaces, however, he expressed concern for future parking needs. Mr. Longo then asked that a paragraph be added under the category of Staff Stipulations of the Zoning Request stating that, "a table indicating the number of bedrooms for each building shall be included in the site plan for each phase of development which shall be used in determining the actual parking space .ratio." Mr. Pena explained that the 1.7 is a very realistic number and would not want to increase the ratio unless it was necessary. He stated that the market trend is to rent a larger unit which may not reflect the occupant load, therefore, a larger parking space ratio may not be necessary. Mr. Longo then withdrew his request. Mike Lynch, 4921 Roberts, asked for clarification of proposed three-story building. Sam ChaVez, City Planner, explained that the levels would vary. Some units would have three occupied levels over one level of parking and other areas may not have the bottom level of parking. He continued explaining that the restriction is 45' regardless of the number of stories. Mr. Lynch asked why all acreage is being changed at one time since building cannot be completed all at one time. He suggested changing the ratio as building phases are completed. He then noted that the formula is no longer based on occupancy but rather the number of rooms. He stated that the proposed comprehensive land use plan is based on 2.2 persons per unit to determine growth factor percentages, size of utility lines, and impact fees. He would like to see everyone use the same. formula. Discussion followed regarding the proximity of Austin Ranch to the nearest DART service. Councilman Watts pointed out the current problems the city has with parking, i.e. narrow streets, and expressed concerns for the success of a pedestrian environment. She would like to see the reduction in parking space ratio limited to the Magnolia Square development and take a "wait and see" attitude before changing the enti~e acreage. Mr. Blackwood explained that the proposed parking space ratio addresses the long term problems regarding automobiles, 6 however, with this concept, the pedestrian will take precedence. Mayor Manning pointed out that on page three of the Technical Comments of the zoning request, a sentence reads, "In addition, should a problem be perceived in the future with any multi-family development on the subject site, the Planning and Zoning Commission and City Council can require additional off-site parking as part of the site plan approval process." Councilman Watts then asked for clarification of the site plan approval process, assuming that the same layouts would be presented in the future, and asked what might give the Council an indication of whether 1.7 parking spaces is adequate or if more will be needed. Mr. Pena responded that specific site plans will be presented to the City over the next five to ten years and that they would all be based on the 1.7 parking spaces unless a problem with insufficient parking exists and then the ratio would change as needed. Bemetta Henville-Shannon, 4156 Ballard Trail, stated she felt it appropriate to approve a smaller area with the reduced parking space ratio until it is proven to work. Councilman Avey asked at whose expense it would be to determine there was insufficient parking, i.e. a study conducted. Mr. Blackwood responded that it would be determined by staff, the Planning and Zoning Commission, or the City Council if a problem should exist. Discussion followed regarding the frequency of future site plan approvals. Mike Lynch, 4921 Roberts, stated by reducing to 1.7 parking spaces, eliminates approximately 2,100 parking spaces. Joyce Fulco, 4712 Clover Valley, commented that the "Today" homes provide a garage for 1.5 cars which means one car is parked in the street. The street then becomes a one-lane roadway which has created the current parking problems. Mr. Pena then responded to Mr. Lynch's comment regarding the elimination of 2,100 parking spaces. His calculations result in a reduction of approximately 1,000 cars. Mayor Manning closed the public hearing. Motion to approve the request subject to staff stipulations - Stanwick; second - Dillard, failed with the following roll call vote: Ayes - Stanwick, Dillard, Manning Nos - Longo, Watts, Avey 10. CONSIDERATION OF RENEWAL OF A CONTRACT WITH FUNSCAPE, INC., DBA SATURDAY NITE OUT Jonathan Banks, 5017 Crawford, expressed his support for Saturday Nite Out. Mr. Banks, who is 12 years old, asked that the Council not deny his participation in Saturday Nite Out because of the behavior of a few children who were not taught good manners. Cindy Buerke, 5017 Crawford, feels Saturday Nite Out is great for children. She researched the program before sending her children and is very pleased with the sectirity and the cost compared to the cost of a babysitter. She stated she had never seen activities at Saturday Nite Out which were inappropriate. 7 Kris Sharp, 1009 Cambridge Dr., Carrollton, thanked the City of The Colony for the last five successful years of Saturday Nite Out. His desire was always to provide the age group of 9-14 with safe and fun activities. Bill Cunningham, 5212 Aztec, informed the Council of his involvement with Saturday Nite Out. He has participated as a chaperon since its inception. He continued by explaining the disciplinary procedures followed and expressed his desire for the program to continue. Carol Sharp, 1009 Cambridge Dr., Carrollton, expressed her appreciation to the staff of Saturday Nite Out and asked that they be permitted to continue to program. Charlene Dierks, 5205 Marks Ct., loves the program and believes it is a better alternative to having kids hanging out on the streets. Melanie Shepherd, 5076 Avery_, also works as a chaperon for Saturday Nite Out and thinks it is a wonderful program which her children enjoy. She invited the public to come and visit to see what the program offers. Denise Kisinger, 5104 Blue Glen, agrees that the Saturday Nite Out program is beneficial and affords students the opportunity to visit with friends from other schools. Councilman Longo stated his grandson participates in the program and that the supervision and disciplinary procedures are superior. Motion to approve renewal of contract and increase in entry fee - Longo; second - Dillard, carried with all members voting Aye. 5. CONSIDERATION OF PRELIMINARY PLAT AS PRESENTED FOR THE LEGENDS, PHASE ONE Sam Chavez, City Planner, stated that staff and the Planning and Zoning Commission has recommended approval of this plat. Councilman Dillard asked which builders had been selected for this subdivision. Mr. Doug Gilliland, President of Tri-West, explained that they had spoken with 15 different builders but had not yet made a final selection. He further explained that Tri- West was going to be very selective in their decision. Discussion continued regarding possible off-street parking. Motion to approve - Stanwick; second - Dillard, carried with a unanimous roll call vote. 6. PUBLIC HEARING ON REQUEST OF ALBERTSON'S AND GOOD SPIRITS, DBA ALBERTSON'S, INC., SEEKING TO AMEND THE COMPREHENSIVE ZONING ORDINANCE AND ESTABLISH SPECIAL USE PERMIT NUMBER 60; PROVIDING FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION UPON PROPERTY CURRENTLY ZONED FOR THE PLANNED DEVELOPMENT 11 (PD-11) FOR THE (GR) GENERAL RETAIL DISTRICT LOCATED NORTHEAST OF THE INTERSECTION OF STATE HIGHWAY 121 AND F.M. 423/MAIN STREET; AND CONSIDERATION OF AN ORDINANCE GRANTING THE SPECIAL USE PERMIT Mayor Manning opened the public hearing. Gary McClure, 4925 Roberts, stated he had previously spoken in opposition to liquor stores and the sale of alcohol on 121. He continued by saying that the sale of beer and wine in grocery stores does not interfere with the image desired for the city, however, approving this S.U.P. would render the resolution, previously passed by the Council, null and void and once again open the door for the liquor stores. Mayor Manning explained that the resolution pertained to beverage stores only and not to the sale of beer and wine. Mike Lynch, 4921 Roberts, normally against S.U.P.'s since he feels it should be based on per capita, however, he believes Albertson's should have the same privileges as the other grocery stores in the city. He would also like the city attorney address the difference between a courtesy S.U.P. and a mandatory S.U.P. because he believes this one is a courtesy S.U.P. similar to the ones for Stop 'N' Go - not really necessary but they do it as a courtesy. Councilman Longo agreed with Mr. Lynch and would like the attorney to respond. At this point Mayor Manning warned that further discussion might jeopardize current litigation on this subject. Pete Eckert, city attorney, agreed with the definitions given of a beverage store and the intent of the resolution. He added that Shell, formerly denied a S.U.P. for the sale of beer, wine and liquor for off-premise consumption, plan to apply once again for only beer and wine. Rob Farrell, developer of Albertson's shopping center, asked that the resolution be read in its entirety. Since the resolution was not available, Mayor Manning explained the intent of the resolution. Ms. Hicks added by stating the definition of a beverage store indicates that 75% of the revenue comes from the sale of alcohol and the grocery store does not fall into that category. David Jerry, Albertson's, indicated that the anticipated sales revenue from beer and wine was only two to four percent. Discussion followed regarding the resolution passed by Council. Councilman Longo expressed concern regarding the pending litigation against him and whether or not he placed himself or the city in further jeopardy should he decide to vote for the Albertson's S.U.P. Pete Eckert, city attorney, responded that each application stands on its own merit and the business bringing litigation against him has the same oppommity to later f'fle an application for beer and wine sales only just as Albertson's has done. Michael Miller, 4520 Lakeridge Dr., feels the resolution passed by Council is confusing and asks that Council explain the intent of the resolution. Councilman Watts further explained that the limiting of liquor stores was strictly an economic development issue. Councilman Avey further explained the definition of a beverage store as the sale of beer, liquor and wine for off- premise consumption. Mayor Manning closed the public hearing. Motion to approve - Watts; second - Longo, carried with a unanimous roll call vote. 7. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE 'COUNCIL MEETINGS HELD FEBRUARY 10, 20 AND 24, 1997 Motion to approve - Dillard; second - Stanwick, carded with all members voting Aye. 9 8. CONSIDERATION OF ACCEPTANCE OF A LETTER OF RESIGNATION FROM THE LIBRARY BOARD FROM KAREN HEIMAN Motion to accept letter of resignation - Dillard; second - Stanwick, carried with all members voting Aye. 11. PRESENTATION AND CONSIDERATION OF ACCEPTANCE OF THE 1995-96 AUDIT FOR THE CITY OF THE COLONY · Tony Johnston, Finance Director, presented the Comprehensive Annual Financial Report (CAFR). He explained that the Finance Committee met prior to the Council meeting this evening and had reviewed every detail of the report. He pointed out that the General Fund has exceeded budgeted revenue projections an4that expenditures were approximately $150,000 under budgeted projections. He further explained the increase in the Fund Balance and explained Debt Service in anticipation of future funding. Mr. Johnston commented on the fact that two years ago there Was a negative balance in retained earnings in the Utility Fund, and the current amount is $2.5 million. Patti Hicks commended Mr. Johnston and the Finance Department on the excellent work they had performed this past year. Councilman Dillard also commended Mr. Johnston and his staff and Mr. Johnny Smith, former City Manager, for his direction and help in establishing a process that is clearly understandable. Councilman Dillard also commented on the Management Report prepared by the auditors pointing out the insignificant points made in the report. Mr. Johnston also commended the leadership of Mr. Smith. Motion to accept audit - Dillard; second - Stanwiek, carried with all members voting Aye. 9. CONSIDERATION OF AUTHORIZING-REIMBURSEMENT OF TELEPHONE EXPENSES IN THE AMOUNT OF $45.19 TO COUNCILMAN WILMA AVEY Mayor Manning asked Councilman Avey about certain long distance telephone calls made one of which.was to Sherman, Texas, for one and a half hours. Councilman Avey responded that the telephone call was to Corky Henderson, Attorney. Mayor Manning then asked what that particular telephone call was regarding. Councilman Avey responded it was regarding the Eastvale-lawsuit. Councilman Dillard questioned making telephone calls to attorneys regarding the current litigation without going through the City Attorney. Councilman Avey then asked Mr. Pete Eckert, City Attorney, if he was present at the meeting at which Mr. Henderson asked Ms. Avey to telephone him. Mr. Eckert responded that he was present and that was his understanding. Councilman Watts encouraged council members to seek information from whatever source available to gain knowledge which would be helpful in making decisions for the city. Councilman Dillard noted that he had no problem with telephoning TML or other sources available to the council, but that he did have a problem with conversation with the attorney involved in litigation since it was established early in the negotiations that communication would only be through the attorneys. Councilman Avey responded that the call was made for city business and the only time she was available to call him was during daytime hours. 10 Motion to authorize reimbursement - Longo; failed for lack of second. 12. CONSIDERATION OF APPOINTMENT OF PATTI A. HICKS AS INTERIM CITY MANAGER FOR THE CITY OF THE COLONY Mayor Manning explained that this situation has been handled by Ms. Hicks in the past and will involve a great increase in her workload. Motion to appoint Ms. Hicks as Interim City Manager - Stanwick; second - Dillard Mayor Manning commented that her pay should be increased to the rate the previous City Manager was paid. Councilman Longo asked for a work session or executive session to discuss the direction the City will be going and what Ms. Hicks' plans are. Councilman Longo also mentioned Ms. Hicks' desire to hire a part-time clerk. Ms. Hicks responded that the direction of the City will not change. There is an excellent support staff upon which she can rely. She indicated that she had visited over the telephone with most of the Council members regarding this shift in leadership and feels confident that she can handle the job. In response to the part- time clerk, if Ms. Hicks is earning City Manager's salary, the City Secretary's salary will be unused, therefore, there will be no impact on the budget. Councilman Watts then read a memo from Ms. Hicks addressed to Council regarding increased workloads and the use of the Council Library as workspace for a clerk. Councilman Watts also requested an executive session to discuss the issue and expressed her desire to have the retreat she had requested some time ago for Council unity. She is against a temporary clerk working in the same area as the Council mailboxes. Councilman Watts then made a motion to postpone this item until an executive session can be called. Mayor Manning reminded Councilman Watts that there was a motion on the floor. Councilman Stanwick pointed out that this action is only a formality. Motion carried with the following roll call vote: Ayes - Longo, Stanwick Nos - Watts Councilman Avey asked for the motion to be read again. She added that she thought Ms. Watts' motion was to go into executive session. Mayor Manning responded no and repeated the motion to approve the appointment of Ms. Hicks as Interim City Manager. Councilman Avey asked if there were any stipulations. Councilman Dillard responded no. Councilman Avey then voted. Vote continued: Ayes - Avey, Dillard, Manning 11 Ms. Hicks commented that the work in progress would not stop, however, if the Council desires a work session, one can be set up. 13. CITY MANAGER AND STAFF REPORTS Ms. Hicks reminded Council of Denton County Day in Austin where staff and councils from other Denton County cities meet and share ideas. If anyone intends to go, the Regular Session scheduled for April 7 will have to be moved to April 14. Ms. Hicks also reminded Council of a Special Session scheduled for March 10 to discuss solid waste services and board interviews. It is preferred that all Council members be present for these discussions and Councilman Avey will not be available March 10. Mayor Manning directed Ms. Hicks to schedule the meeting as soon as all Councilmembers can be present. Tony Johnston, Finance Director, informed the Council that, in the current situation with no City Manager, he needs to be available for whatever issues surface in addition to other requirements he must meet for his department, therefore, he would like direction in dealing with disclosure regulations for issuers of municipal bonds. He introduced Doug Hartman, First Southwest Company, who made his presentation. He explained that the S.E.C. put a role in place about one and a half years ago that stated municipalities on an annual basis if they issue more than a million dollars or have more than a million dollars of debt outstanding, had to update their disclosure document. The deadline for the continuing disclosure is six months after the end of the fiscal year or the end of March. This would involve updating the City's official statement for another year updating tax collection information, etc. First Southwest Company can provide this service to the City for a cost of $2,500 annually. Ms. Hicks asked the Council to indicate whether they would be in favor of approving this so First Southwest Company can proceed due to the upcoming deadline. Mayor Manning asked Tony Johnston if the budget could allow for this charge. Mr. Johnston indicated that it could. Mayor Manning then made the suggestion that Council allow them to proceed and bring the issue up for action at the next meeting. Mr. Johnston made the recommendation to approve this service, since First Southwest Company are expert at this type of disclosure. Sam Chavez informed the Council that there would be a steering committee meeting on Wednesday at the Library for work on the comprehensive plan. The next step in the process is for the steering committee to make a formal presentation to the Planning and Zoning Commission for approval. Planning and Zoning would at that point hold a work session to discuss the comprehensive plan with the general public. Planning and Zoning would then make a recommendation to the City Council. The plan will probably be presented to City Council at the second meeting in May. Councilman Stanwick asked if Council could be a present when the steering committee makes the presentation to P&Z. Mr. Chavez stated a copy of the plan will be prepared for each Council member. Councilman Watts asked that the meeting at which the plan is presented to P&Z be televised. Councilman Avey asked at what point the Council became members of the steering committee. Mr. Chavez indicated that Councilmembers were on the committee from the inception of the committee as ad hoc members. Discussion followed regarding the posting of steering committee meetings. 12 Mr. Chavez continued by informing the Council of three applications for S.U.P.'s for the sale of beer and wine - one for Eckerd's, and Chevron at the northwest comer of Paige and SH 121, and for Shell at Main Street and SH 121. Regarding future applications, a full service car wash will be located on Main Street across from the pump station and there has been interest in a possible skating rink east of Main Street and Cougar Alley. Mr. Chavez stated that at the March 17th meeting, the land use assumptions plan will be presented for adoption. His recommendation is to adopt the plan since the 30-day deadline is on March 17. 10:06 P.M. 14. EXECUTIVE SESSION AS AUTHORIT~D BY SECTION 551.071 OF THE LOCAL GOVERNMENT CODE, REGARDING LITIGATION, TO-WIT: A. RICHARD KAMEN, DEBRA AND DANIEL FOESHER et al, PLAINTIFFS, v. CITY OF THE COLONY, TEXAS, DEFENDANTS, CASE NO. 4:96CV335 10:50 P.M. 15. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE EXECUTIVE SESSION No action was taken. Mayor Manning asked for clarification of action taken appointing Ms. Hicks as Interim City Manager with the appropriate pay. Councilman Avey had asked if the motion was only for the approval or if increased salary was included. That was her reason for asking the motion be restated. It is the the understanding of City Council that the appointment also included the increased salary. Mayor Manning informed the City Council that Dr. Geisel would like to invite the City Council to interview with a couple of candidates. Discussion followed regarding the availability of Councilmembers and purpose intended for these interviews. It was decided that March 12 was most convenient. With no further business to address, MayOr Manning adjourned the meeting at 10:55 p.m. APPROVED: William W. Manning, M ATTEST: [~u"thann D~vlin, ~)eputy City Secretary 13