Loading...
HomeMy WebLinkAbout04/21/1997 City Council 006524_. MINUTES OF THE CITY COUNCIL MEETING HELD ON APRIL 21, 1997 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:41 p.m. on the 21st day of April, 1997, at City Hall with the following Council roll call: William W. Manning, Mayor Present Bill Longo, Councilmember Present Mary Watts, Councilmember Presem David Stanwick, Councilmember Presem Wilma Avey, Councilmember Present John Dillard, Councilmember Present David Kovatch, Councilmember Present and with seven present, a quorum was established and the following items were addressed: INVOCATION PLEDGE OF ALLEGIANCE 2. MAYORAL PROCLAMATIONS DECLARING MAY 1, 1997 AS THE NATIONAL DAY OF PRAYER Mayor Manning read the proclamation in its entirety and presented the proclamation to a representative of Colony Park Baptist Church. DECLARING APRIL 20-26 AS PROFESSIONAL SECRETARIES WEEK Mayor Manning read the proclamation in its emirety. The proclamation will be mailed to the Association for Office Professionals. DECLARING MAY 1, 1997 AS TEXAS GIRL'S CHOIR DAY Mayor Manning read the proclamation in its entirety and presented the proclamation to members of the Texas Girls' Choir in attendance. 1. CITIZEN INPUT Elizabeth Talley, 7510 Lakeland, stated she was disappointed to discover a proposed bowling center discussion had been pulled from tonight's agenda. She questioned if it was because of political reasons. 3 James Charm, 5916 Osprey Ct., stated he was disturbed that discussion regarding a bowling center was removed from agenda. David Greet, 4164 Ballard Tr., asked the mayor why the bowling center agenda item was pulled and if the candidate picnic, planned for the next weekend, was financed by Mr. Blackwood and Mr. Billingsley. Mayor Manning responded no to the question regarding the picnic and offered the following regarding the bowling center: Mayor Manning explained that the reason the topic was removed from the agenda was multi-fold. A letter was sent to Councilman Watts in September, 1996, from Mr. Rudd regarding development of an entertainment facility. The next communication was April 3, 1997, which was coincidentally election time when the request was made to add this item to the agenda. Mayor Manning felt it appropriate to postpone the item until after the election and have the council address it at that time. Mayor Manning then gave an overview of the facts known. The site being requested is currently under lease to another company. The mayor read from a letter from Mr. Rudd stating that the City is proposing to offer a long-term ground lease at a nominal rental rate, i.e. twenty years with annual payments of $100. Councilman Watts called point of order and Mayor Manning continued. Councilman Watts called point of order again and Mayor Manning stated he was simply responding to the residents' request. He pointed out their request for convenience to Main St. which was for the City to provide easements to the property. Councilman Avey called point of order. Mayor Manning continued and Councilman Avey also continued speaking. Mayor Manning continued that the letter requested the City offer ad valorem tax abatements on appraised value of improvements. The letter further requested City services which Mayor Manning thought excessive. 3. CONSENT AGENDA Councilman Avey asked that item A be pulled. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD MARCH 31, APRIL 5, 7 AND 14, 1997 Councilman Avey asked that the April 5 minutes reflect that she left the meeting at 12:30 p.m. Regarding the April 7 minutes on page 9, Councilman Dillard called a question and she was unclear whether the vote was for the motion or the question. Consensus of council was that the vote taken was for the called question. On page 12 of the same minutes, she asked that the specific names of council members who asked Ms. Hicks to review bond documents be added to the record. Motion to table approval of April 7 minutes and approve March 31, April 5 and April 14 minutes as amended - Dillard; second - Longo; carried with all members voting aye. B. CONSIDERATION OF A RESOLUTION ENCOURAGING THE ESTABLISHMENT OF AN ELKS LODGE IN THE COLONY, TEXAS 4 Motion to approve - Dillard; second - Stanwick, carried with the following vote: Ayes - Watts, Stanwick, Avey, Dillard, Kovatch, Manning Nos - Longo C. CONSIDERATION OF ACCEPTANCE OF A LETTER OF RESIGNATION FROM BILL CASTLEBERRY FROM THE PARKS AND RECREATION BOARD Motion to approve - Dillard; second - Stanwick, carried with the following vote: Ayes - Watts, Stanwick, Avey, Dillard, Kovatch, Manning Nos - Longo D. CONSIDERATION OF A RESOLUTION RATIFYING THE AGREEMENT REACHED BETWEEN T.U. ELECTRIC AND THE STEERING COMMITTEE OF CITIES REGARDING A REFUND OF $80 MILLION Motion to approve - Dillard; second - Stanwick, carried with the following vote: Ayes - Watts, Stanwick, Avey, Dillard, Kovatch, Manning Nos - Longo 4. CONSIDERATION OF PRELIMINARY PLAT FOR THE PAIGE/121 ADDITION LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF PAIGE ROAD AND STATE HIGHWAY 121 Sam Chavez, City Planner, made a brief presentation regarding this item which was continued from the previous meeting. Applicant has revised the preliminary plat and relocated the median opening approximately 70 feet north of the north property line. Staff and the Planning and Zoning Commission's recommendation is to have the median opening north of the drainage structure. Motion to table item and send back to P&Z for further consideration - Longo; second - Avey John Hill, City Attorney, commented that if action is not taken by the Council within 30 days after initial Planning and Zoning Commission approval, plat is deemed approved by law. The applicant can agree to extend 30-day role to the next meeting. Joe Agnew, 5301 Nash Dr., asked that if the plat is approved tonight, the Council consider that applicant's median opening meets minimum standards, however, Paige Rd. is heavily trafficked and longer stacking lanes may be necessary in the future. He does not want to create problems with such a heavily utilized street. Tom Cravens, 5212 Reed Dr., engineer for the property owner on the east side of Paige Rd. (Centennial), stated they had come to an agreement that the median opening north of the creek would be the safest place for the opening as staff and P&Z had recommended. He asked the Council to consider when making a decision. 5 Motion withdrawn by Councilman Longo. Mayor Manning then asked if applicant would be agreeable to extend 30 day notice. Art Clayton, applicant, apologized for providing information to the Council so late. Mr. Clayton continued stating the plan was to install a fight turn lane onto SH 121 from Paige Rd. if the median opening is located south of Office Creek. Councilman Longo stated that the new plats being presented had not been approved by the Planning and Zoning Commission and he doesn't feel it's proper to move forward until they have had a chance to review the plat. Mayor Manning added his concerns regarding bypassing P&Z review. Councilman Stanwick commented that the plat has been approved by P&Z with the recommendation that the median opening be located north of Office Creek. The developer is agreeable to this alternative. Motion to accept P&Z recommendation with staff stipulations of median opening being north of Office Creek - Stanwick; second - Dillard Councilman Watts addressed Mr. Clayton and asked that ff the median is located south of Office Creek, would he be willing to install additional turn lanes at SH 121. Mr. Clayton responded that was correct. Lengthy discussion followed regarding placement of the median cuts, turn lanes, stacking lanes, and access to property on both east and west side of Paige Rd. Sam Chavez stated that the owner of the east property has already agreed to placing the median opening north of the drainage structure, ff Council were to approve the plat submitted tonight by Mr. Clayton, the east property owner would be forced to gain access to the new median opening south of the Office Creek drainage structure. Mr. Chavez added that the east property owner already has an approved final plat with the opening north of the drainage structure. John Hill, City Attorney, explained that the previous commitment to the owner of the east side should be considered. Councilman Watts expressed concern over taking action when two property owners were affected. Mr. Clayton then withdrew his offer and asked the Council to take action on the motion. Councilman Longo again expressed his confusion and feels Palge Rd. is too dangerous to make a hasty vote. Counciman Stanwick restated his motion. Motion carried with the following roll call vote: Ayes - Watts, Stanwick, Avey, Dillard, Kovatch, Manning Nos - Longo 5. CONSIDERATION OF FINAL PLAT FOR LOTS 1 AND 2 OF THE PAIGE/121 ADDITION LOCATED AT THE NORTHWEST CORNER INTERSECTION OF PAIGE ROAD AND STATE HIGHWAY 121 Sam Chavez, City Planner, made a brief presentation regarding this item which was continued from the previous meeting. Councilman Avey requested that preliminary and f'mal plats and other related materials not be placed in the same agenda packet. She would like to see them spaced out over separate council meetings since it's difficult to deny approval of all of the items. She would also like to see any maps provided to Council include all P&Z recommendations to eliminate misunderstandings. Mayor Manning commented that the property owner does have the right to present options not recommended by P&Z. Sam Chavez explained that all plats are subject to stipulations. Typically plats are not revised after P&Z recommendation prior to Council approval. He further explained that Council has the right to modify staff and P&Z stipulations. Mayor Manning added that it may not be possible to have P&Z and staff's total agreement with the developer prior to being presented to Council. Councilman Avey commented that there is a short period of time between receiving the information in an agenda packet and having to take action. Motion to approve f'mal plat subject to staff stipulations - Dillard; second - Kovatch, Councilman Stanwick asked if Lot 1 is the proposed Walgreen's with Lot 2 being the proposed Chevron. Mr. Chavez stated Lot 1 started out to be Eckerd's but is now planned for Walgreen's. Mike Lynch, 4921Roberts Dr., stated that Council could request developer to install turn lane along with the easement even though it may not be a staff stipulation. Motion carried with the following roll call vote: Ayes - Watts, Stanwick, Dillard, Kovatch, Manning Nos - Avey Abstain - Longo 6. PUBLIC HEARING OF THE CITY COUNCIL ON APPLICATION OF. CHRISTOPHER SALAS, DANNY J. TOSH, ARCHITECT SEEKING APPROVAL OF A SPECIFIC USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF- PREMISE CONSUMPTION ON THE BELOW DESCRIBED PROPERTY; AND CONSIDERATION OF AN ORDINANCE AUTHORIZING SAME GENERALLY LOCATED WEST OF THE NORTHWEST CORNER OF THE INTERSECTION AT PAIGE RD. AND SH 121 Mayor Manning explained this public hearing was continued from the last meeting and reopened the public hearing. With no one wishing to speak, Mayor Manning closed the public hearing. Motion to 'approve - Kovatch; second - Dillard, carried with the following roll call vote: Ayes - Watts, Stanwick, Dillard, Kovatch, Manning Abstain - Longo, Avey 7. CONSIDERATION OF FINAL PLAT OF LOT 4, BLOCK 1 OF THE PAIGE/121 ADDITION Sam Chavez made a brief presentation. 7 Motion to approve final plat - Dillard, fails due to lack of second. Mike Lynch, 4921 Roberts Dr., commented that Lot 3 will never be built on and suggested the driveway be moved from Lot 4 and placed on Lot 3 which will ease cross access to Lots 1 and 2. Art Clayton, developer, assured the Council that all lots would be developed. Motion to approve final plat with P&Z and staff stipulations and additional stipulation that the entrance to SH 121 be moved to Lot 3 - Kovatch; Councilman Stanwick clarified that by moving the entrance to Lot 3 there would be no entrance from Lot 4. Councilman Kovatch explained that wheu Lot 3 is developed, the property owner will want an entrance to SH 121 for that lot. If the entrance is granted to Lot 4 now, an additional entrance will be added later. John Hill, city attorney, commented that the Council cannot eliminate access to the property, however, with the use of cross easements, the developer might be agreeable. Mr. Clayton responded that would not be acceptable. Mayor Manning commented that Mr. Kovatch's intent was to not have too many entrances to SH 121. Mayor Manning asked Sam Chavez if there were too many driveways planned. Mr. Chavez indicated that four lots that have access to SH 121. Three of those lots would need access to SH 121 and that the spacing is correct. Mayor Manning asked Hal Jones, Hunter Associates, for his thoughts on the subject. Mr. Jones suggested the possibility of common access driveways, two for four lots. Mr. Clayton responded that the four lots would need at least three driveways. Councilman Kovatch stated his concern about the amount of traffic on SH 121 during rush hours. John Hill reiterated that legally the owner must have access to each lot. Additional stipulation withdrawn by Mr. Kovatch; second - Stanwick Councilman Dillard stated the Council must be careful to not deny the property owner the right to use their land. Councilman Longo commented that he felt there was much confusion and action should not be taken. Mike Lynch, 4921 Roberts Dr., stated his understanding was that the development of Lot 3 would be further in the future. He suggested that moving the driveway and providing cross access would be adequate. Councilman Watts asked the attorney if the cross access address issue of access to Lot 3. Mr. Hill responded it doesn't matter what kind of access. Councilman Watts stated that Council could approve Lot 4 with access directly to SH 121 and when Lot 3 is developed, if the property owner agrees to the same type of traffic flow between Lots 3 and 4 that has been agreed to for Lots 1 and 2, then no driveway is needed to SH 121. Mr. Hill responded that was correct. Councilman Watts added that if the property owner does not agree, then direct access is required. Mr. Hill responded that was correct. Mr. Chavez pointed out staff stipulation #8 stated "provided cross access easements between Lots 1, 2, 3, and 4 on the plat." Motion carried with the following roll call vote: Ayes - Watts, Stanwick, Dillard, Kovatch, Manning 8 Nos - Avey Abstain - Longo 8. CONSIDERATION OF FINAL PLAT FOR THE BRISTOL OAKS APARTMENTS TO BE LOCATED NORTH OF THE NORTHEAST INTERSECTION OF F.M. 423 (MAIN) AND STATE HIGHWAY 121 Ms. Hicks explained that the owner has changed the name to Bristol Oaks Apartments. Sam Chavez gave a brief overview of the request. Councilman Stanwick asked, based on the map presented, referencing the section of Memorial Drive between FM 423 and the edge of the lot line, if that is being built as part of this plat and who owns the small parcel of property next to this plat. Mr. Chavez responded that the property in question in owned by Mr. Baruch. Councilman Stanwick asked if there were immediate plans to build on that property, since Memorial Drive from Blair Oaks will dead-end at this property until it is developed. Mr. Chavez responded that Centex will build the north end of Memorial Drive but they will transition across the median into the south lanes of Memorial Drive. CounciLman Longo asked if the name was going to stay the same. Truman Edminster, Carter and Burgess, responded this name would remain. Councilman Longo also asked if a street could be named for a dedicated citizen who recently passed away. Mr. Edminster responded that this property is only adjacent to Memorial Drive, however, he would like to consider that for another project. Motion to approve f'mal plat - Stanwick; second - Dillard, carried with all members voting Aye. 9. CITY MANAGER AND STAFF REPORTS Ms. Hicks reported that 168 people had voted early. She commented that there was resignation from the Parks and Recreation Board and that there were some people interviewed in December and they might want to consider one for appointment. She asked for input on how to proceed to fill this opening. Ms. Hicks distributed information to the Council, at Tony Johnston, Finance Director's request, regarding monthly payment plans for utility bills similar to the electric company's plan. The proposal is in draft form and he is seeking input. Regarding the Boys & Girls Club, they have requested two acres of land and Ms. Hicks commented Sam Chavez and Dennis Watson are still looking for property that is buildable. Joe Clark, Police Chief, updated the Council on the current situation with the traffic light at Paige Rd. and SH 121. He stated the traffic lights on SH 121 are signal box controlled with State access only. The State has denied letting our police department have access to the controls. To avoid traffic problems due to an inoperable light, the police department has identified critical time periods and officers will direct traffic as manpower permits. Off-duty officers will be called in for overtime as needed during the critical time. Information regarding inoperable lights will also be put on cable access on a scroll for citizens' information. Chief Clark encouraged citizens to contact the State regarding complaints due to inoperable traffic lights. Sam Chavez announced that the Planning & Zoning Commission will meet tomorrow night to present the Comprehensive Plan and encouraged Council members to attend. 9 Councilman Longo reiterated that the election is for at-large positions and all citizens may vote for each place. With no further business to address, the meeting was adjourned at 9:27 p.m. APPROVED: ATTEST: /R~lthann Devl~n, Bepu-ty City-Secretary 10