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HomeMy WebLinkAbout06/23/1997 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON JUNE 23, 1997 The Special Session of the City Council of the City of The Colony, Texas was called to order at 6:45 p.m. on the 23rd day of June, 1997, at City Hall with the following Council roll call: Mary Blair Watts, Mayor Present Bill Longo, Councilmember Present Bernetta Henville-Shannon, Councilmember Present David Stanwick, Councilmember Present Wilma Avey, Councilmember Present John Dillard, Councilmember Present Dave Kovatch, Councilmember Present and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 6:48 p.m. 2. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.074 OF THE LOCAL GOVERNMENT CODE RELATING TO LITIGATION, TO-WIT: A. JWV & ASSOCIATES VS CITY OF THE COLONY, ET AL 7:21 p.m. reconvened 3. CONSIDERATION OF AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR THE OFF-PREMISE SALE OF BEER AND WINE Mayor Watts read the caption of the ordinance regarding to a specific use permit for the Centennial Center Addition. Motion to approve the ordinance subject to recommendations and stipulations of City staff, Planning & Zoning Commissi6n and subject to the additional stipulation that the words "proposed liquor store" be removed from the Site Plan, Landscape Plan, and Elevation Drawings attached as Exhibits B to the ordinance - Kovatch; second - Longo, carried with all members voting Aye. 4. PRESENTATION FROM MATTHEWS-SOUTHWEST REGARDING A GROUND LEASE AGREEMENT FOR THE LEASE OF WYNNEWOOD PARK Dennis Watson, Assistant to the City Manager, introduced Gary McClure representing the Economic Development Corporation. Mr. McClure gave an overview of the proposed golf course on Wynnewood Peninsula. Mr. Tim House, Matthews-Southwest, 00660 further explained the history of the project and David Linegar, Economic Research Associates, briefed the Council on the history of the funding of the project. Mr. Linegar explained that Matthews-Southwest, City of The Colony, and the Corps of Engineers worked together to amend the proposed ground lease. Tripp Davis, golf course architect, made a presentation showing slides of international golf courses after which the project will be patterned. Council Stanwick asked if existing trees would remain. Mr. Davis responded that the area is mostly barren of trees but that several trees would be planted. Discussion followed regarding construction of the roadway. The construction of the first 18-holes would not be dependent on roadway construction. Councilman Stanwick asked about the design of the clubhouse. Mr. House replied that it would be approximately 8,000 square feet and Tudor in design. Lanny Lambert, City Manager, informed the Council that the Economic Development Corporation would review the ground lease at their meeting tomorrow night and the lease would be presented to the City Council at the next regular meeting in July. Mr. Lambert continued that the City was obligated to provide a water tower which funding would be included in the upcoming issuance of revenue bonds. In return the City will require a Developer's Agreement which had previously been agreed upon. Mayor Watts continued by stating that once the Economic Development Corporation and City Council approves the ground lease agreement, it will then be returned to the Corps of Engineers. They have suggested it could be a minimum of 90 days and Mr. House would like to initiate construction in October, therefore, timing is critical. Mayor Watts asked the Council to review the lease and be fully informed by the time it is presented to them for action. Motion to recess - Avey; second - Longo, carried with all members voting aye. Recess at 8:27 p.m. Reconvene at 8:41 p.m. 5. DISCUSSION AND APPROPRIATE ACTION WITH REGARD TO AMENDING THE COMPREHENSIVE PLAN Motion to reconsider adoption of final Comprehensive Plan - Henville-Shannon; second - Longo, carried with the following roll call vote: Ayes - Longo, Henville-Shannon, Avey, Watts Nos - Stanwick, Dillard Councilman Henville-Shannon explained her reason for wanting to reconsider the adoption of the plan. She requests that the plan be revised with more specifics and guidelines as to how to implement the plan. Councilman Henville-Shannon requests estimated costs of providing fire and police protection and water and wastewater services to new development such as Austin Ranch and the 121 Corridor. She explained that this information is necessary for performance bonds, impact fees, etc. so procedures can be in place in a reasonable time and not have to rely on "crisis management". Councilman Henville-Shannon's suggestions/questions are to 1) include a chart that projects the growth over 5, 10, and 20 years; 2) on pg. 250 it states the average daily wastewater use is 80 gallons/person for approximately 23,000 people and on pg. 252 the formula used to equate .6,608 these numbers is 100 gallons/person which means the estimated growth is 100,000 people for maximum build-out; 3) need written documentation to clarify the 60/40 split on Austin Ranch (60% multi-family? or 40% office?); 4) on pg. 251, it states that the City incorporated 960 acres, however, preliminary Comprehensive Plan states it to be 1,100 acres; 5) regarding expansion of wastewater treatment plant, plan states maximum capacity could go to 7.5 mgd (need to verify); 6) according to a report prepared in December, 1994, expanded plant could reach a maximum of 10.1 mgd which would be desired; 7) is 7.5 mgd a realistic goal; 8) for clarity, on Plate 12 line codes need to be clarified for easy reading; 9) would like to see itemization for proposed fire stations on Austin Ranch and Wynnewood Peninsula; 10) regarding Future Land Use, would like to see "Entertainment District" removed. Councilman Avey asked that the Comprehensive Plan go back to committee and have them consider how the plan meets the Council's goals and objectives. Motion to remove the "Family Entertainment District" from the Comprehensive Plan's Future Land Use Plan and to reflect current usage to continue and to remove any mention of abandonment of Elm Street - Avey; second - Henville-Shannon Councilman Dillard asked why Councilman Avey wished to alter the Family Entertainment District. Councilman Avey responded that the residents of the area do not want the threat of eminent domain for future development. Councilman Dillard stated the Plan has already been passed and the issues addressed. He sees no reason to revisit any of these items. Mayor Watts stressed that the Comprehensive Plan is a "living document" and could be addressed at any time. Councilman Stanwick explained that the process for amending the Comprehensive Plan was for suggestions to be submitted to the Steering Committee for review. The information would then be forwarded to the Planning and Zoning Commission for the public hearing process, etc. before submission to the City Council. Councilman Stanwick suggested Council follow established procedures rather than revisit the Plan every time there is a question. Councilman Henville-Shannon explained that there should be no misconceptions and the Comprehensive Plan has areas that need to be clarified and encouraged all citizens to review the Plan. Councilman Stanwick agreed with the need for clarification but stressed that proper procedures be followed. Councilman Kovatch asked that Ms. Henville-Shannon's recommendations be submitted for review through the process. Motion amended to include passage of the Comprehensive Plan with the removal of the "Family Entertainment District" with current land usage continuing and removal of reference to the abandonment of Elm Street - Avey; Mayor Watts addressed Councilman Henville-Shannon and asked if recent conversations with Hal Jones, Hunter Associates, clarified the use of the formulas in calculating numbers presented in the Plan. Councilman Henville-Shannon replied yes. Mayor Watts summarized the issues being addressed. Councilman Kovatch reiterated that these issues need to be properly reviewed by the Steering Committee. Mr. Lambert reminded that Council adopted a resolution in 1995 that states matters voted on by the city Council shall not be placed on the agenda for reconsideration within six months unless a 006609 member of Council on the prevailing side makes a requests to reconsider the matter in question. Mr. Lambert stressed that this was a very important document and adequate time should be taken for review and amendment. Councilman Longo agreed with other councilmembers that the review process should take place before action taken. Motion amended to include passage of the Comprehensive Plan with the removal of the "Family Entertainment District" with current land usage continuing, removal of reference to the abandonment of Elm Street, and consideration of suggestions made by Council Henville-Shannon to be reviewed. Avey Mr. Lambert reminded Council that the Comprehensive Plan requires an annual review, however, it could amended at the Council level and be reviewed at length at the annual review. Councilman Kovatch stated he would like further explanation of the definition of the Entertainment District and a reason why Elm Street was considered for abandonment. He continued that he had several questions regarding the Comprehensive Plan and was prepared to make decisions at this meeting for amendment to the Plan. Councilman Avey explained that the Steering Committee has heard the arguments of the reason for eliminating the Family Entertainment District. Councilman Kovatch again stated his concern for wanting to follow the proper procedures to amend the Plan. Councilman Stanwick stated he would like to treat amendment to the Comprehensive Plan no differently than amendments to the Zoning Ordinance through the Planning and Zoning Commission process. Mayor Watts commented that impact fees will be based on the figures provided in the Comprehensive Plan and those figures must be accurate. Hal Jones, Hunter Associates, explained that the impact fee which involved the population projection was a separate document prepared by Mr. Dan Sefco. The impact fee must be reviewed every three years by law. One population projection is calculated by using 95% occupancy for planning purposes. The population projection used for the Water and Wastewater Study is based upon 100% occupancy to commit to complete build-out in reference to distribution lines and treatment plants. To make the assumption that the city will only be 95% occupied would be risky in order to plan for adequate services. Mr. Jones continued saying regarding the density for apartments he used 24 units per acre. The Steering Committee used the 20 units per acre figure for their calculations. He stated for designing infrastructures, the worst case scenarios should be considered such as 100% occupancy. At Council direction, he can recalculate his figures. Mr. Lambert suggested that staff prepare the amendments and bring back to Council in order to save time. Councilman Dillard stated different figures were used since professionals were researching different areas and he does not feel the Council should redirect the engineer to use inaccurate figures. Discrepancies result but should be looked at for the purposes they were intended. Motion to call the question - Kovatch; second - Dillard, carried with all members except Councilman Henville-Shannon voting Aye. Motion to pass the Comprehensive Plan removing the Family Entertainment District from the Comprehensive Plan with Future Land Use to reflect the usage that currently being used for that area, and to remove any reference to the abandonment of Elm St. - Avey; second - Henville-Shannon Councilman Stanwick asked John Hill, City Attorney, if the original passage of the Comprehensive Plan needed to be repealed. Mr. Hill responded it would not be necessary. Motion passed with the following roll call vote: Ayes - Longo, Henville-Shannon, Avey, Watts Noes - Stanwick, Dillard, Kovatch Mayor Watts stated that staff is directed to make clarification to those issued brought forward by Councilman Henville-Shannon. Councilman Avey also requested that future maps reflect annexed property. Motion adjourn - Kovatch; second - Dillard, Councilman Avey asked that item number 7 be addressed. Motion withdrawn - Kovatch; second withdrawn - Dillard 6. DISCUSSION AND APPROPRIATE ACTION WITH REGARD TO FUNDING OF CAPITAL PROJECTS Tony Johnston, Finance Director, explained that recently bond issues have become eminent. He explained that a list of water and wastewater needs has been compiled and distributed to Council. His primary concern is keeping the property tax rate at .795. Explanation followed regarding types of bonds and related debt. Mayor Watts stated that a possible 1¢ sales tax for economic development could be used for payment of property taxes, etc. which is not factored in. Councilman Avey stressed that the upcoming bond election would be specifically for streets and not capital improvements. Mr. Johnston continued by explaining the City would receive $14,500,000 in appropriations. Mr. Lambert stated the projected development will increase the tax roll tremendously and the investment of a water tower is minimal compared to the revenue the property will bring. Discussion followed regarding roll back of property taxes due to development. Councilman Stanwick addressed the problem of replacement of water lines and asked if there was a long-range plan for repairs in certain areas. Pat Dunlap, Public Services Director, said water lines have been identified with the capital projects a year ago. A schedule is in place and hopefully a SRF loan could fund that effort. Mr. Johnston said in two years $1,000,000 can be borrowed without increasing the existing SRF payment amount. Councilman Stanwick further expressed his concern for projected expenditures due to future development and asked if staff had looked at the "big picture" in regard to future needs. Mr. Lambert informed the Council that the proposed budget would be presented to them on July 14 and includes projections. Mayor Watts reminded the Council that revenue bonds would be needed for future development to take place in regard to water towers. Councilman Longo suggested a work session to look at the City's financial situation. Councilman Kovatch agreed a work session is needed. Councilman Avey said a work session is needed to identify capital projects. Mayor Watts asked if capital projects will be addressed in the budget process. Mr. Johnston stated capital projects are a separate issue. 7. CONSIDERATION OF ADOPTION OF A RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE REVENUE BONDS Tony Johnston requested the amount of revenue bonds be increased to $4,000,000 to cover revised cost of two water towers. Motion to approve resolution amended to read "not to exceed $4,000,000" - Stanwick; second - Dillard, carried with all members voting Aye. 8. CONSIDERATION OF A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF THE COLONY FOR PARTICIPATION IN THE ACQUISITION OF RIGHT-OF-WAY ALONG STATE HIGHWAY 121 AND HIGHWAY CORRIDOR PLANNING Motion to approve - Kovatch; second - Dillard John Hill, City Attorney, suggested the agreement be amended in Article IV to state "will be provided to TxDOT for development and construction of SH 121". Motion amended to included attorney's stipulations - Kovatch; second - Dillard, carried with all members voting Aye. With no further business to address, meeting was adjourned at 10:26 p.m. APPROVED: Mary Blair Wa~t~, ~la~or - ATI'EST: puty-City Secretary