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HomeMy WebLinkAbout12/01/1997 City Council 0O6749 MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD ON DECEMBER 1, 1997 The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order at 7:18 p.m. on the 1st day of December 1997 at City Hall, with the following council roll call: Mary Blair Watts, Mayor Absent (Arrived 7:3 lp.m.) Bill Longo, Councilmember Present Bemetta Henville-Shannon, Councilmember Present David Stanwick, Councilmember Present Wilma Avey, Councilmember Present John Dillard, Councilmember Present Dave Kovatch, Councilmember Absent (Business) And with five present a quorum was established and the following items were addressed: 7:20 p.m. 7.0 EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.071 AND SECTION 551.074 OF THE LOCAL GOVERNMENT CODE, RELATING TO LITIGATION AND PERSONNEL, TO-WIT: A. Interview for Telecommunication Board - Interview cancelled B. JWV v City of The Colony, et al C. Goody-Goody v City of The Colony, et al 7:31 p.m. Mayor Watts arrived 7:41 p.m. Reconvene in Open Session 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Invocation - Councilmember David Stanwick Presentation of the Colors and Pledge of Allegiance - Boy Scout Troop 133 1.1 Mayoral Comments - Mayor Watts just returned from addressing the Little Elm City Council meeting regarding the F.M. 423 Task Force and additional marinas on Lake Lewisville. They are agreeable to supporting both these efforts. Mayor Watts directed staff to place a resolution supporting each of these matters on the December 15, 1997 agenda for council action. There is a public hearing at 9:00 a.m. on December 18, in Austin at the Texas Department of Transportation. Someone from The Colony should attend, as long as they are back in time to attend the joint session with Carrollton City Council that evening. 1.2 City Manager and Staff Reports Mr. Lambert pointed out the new aerial map hanging in the Council Chambers, advising this was donated to the city by Tomlin Properties. There will be a Council retreat from 9:00 a.m. to 1:00 p.m. on December 13, 1997, in the Tower of Calvary Christian Church on Blair Oaks Road in The Colony. The purpose is to set goals and priorities for one to five years. There are no updates to the Old Business Report. Mr. Lambert advised that most of the items on the list should be deleted. Mr. Lambert handed out figures on the Austin Ranch Development and stated that he is in favor of this project because he believes it bears all its costs and, in fact, the city will probably have to give some money back at the end of 10 years. He recommended holding that item to the last on this agenda and getting it adopted tonight. 1.3 Citizen Input Mike Lynch, 4921 Roberts, advised the council that during the first week of January, COG will be distributing the first cycle of money for solid waste. He said he hopes the city has someone working on our proposal. He said the city went to contract mowing due to costs and understands now we are talking about doing it in-house. He said that is part of beautification and can be tied to grants as well. 3.0 REGULAR AGENDA: ACTION ITEMS: 3.1 Consideration of authorizing the Police Department to form a Police Explorer Post Chief Joe Clark and Officer Chuck Wood gave a brief presentation to the council explaining the Explorer prog 'am and its benefits to the youth of the city. Motion to authorize the Post - Stanwick, second - Dillard, carried with all members voting Aye. 3.8 Consideration of authorizing the Police Department to submit a grant application for three additional police officers through the Department of Justice Universal Hiring Program Chief Clark explained these positions might be filled from within and without the department. Motion to approve - Stanwick, second - Longo, carried with all members voting Aye. 2.1 DISPOSITION OF MINUTES Page three of the minutes - correct "RB to 4B". 00675i Motion to approve as corrected - Stanwick, second - Dillard, carried with all members voting Aye with the exception of Councilmember Avey whom abstained. 3.10 Consideration of approval of the capital improvements program Mr. Lambert read the list of proposed items as follows: General Debt Projects: Little League Field Improvements (ADA) $ 35,000 Fire Water Tanker Truck $ 25,000 Fire Aerial Truck $ 576,745 Paramedic Truck Improvements $ 38,000 Building Purchase $1,500,000 Building Renovation $1,550,000 Memorial Extension $ 200,000 Total General Debt $3,924,745 Water and Sewer Projects Water and Sewer Lines - Wal Mart $ 100,000 Water and Sewer Lines - Eastvale $ 700,000 Water Tower - Billingsley $1,000.000 Water Tower - Wynnewood $1,000,000 Total Water & Sewer Debt $2,800,000 Mr. Lambert asked the council to approve those items that they wish to pursue, advising an ordinance will be on the next agenda to begin the process. Discussion followed regarding the proposed items. Councilmember Henville-Shannon stated that Parks & Recreation has been cutting their budget each year and it is time to start putting money back into that area. Councilmember Longo said Bill Allen Memorial Park is not on the list and he would like to see electricity run to the amphitheater as well as sidewalks added. Councilmember Stanwick said we need to do those things to which we are obligated, put new ideas into the 98-99 budget and get started on obligations now. Motion to approve all items on the list and instruct staff to begin the process to issue bonds - Dillard, second - Longo, carried with all members voting aye. 3.11 Receive recommendation from the Telecommunications Board regarding T.C.I. Franchise Tony Johnston presented the recommendation as follows: 1. allow TCI to increase the franchise fee to the appropriate level of gross receipts. This is done by taking no action with the cable company and allowing the process to be implemented on January of 1998. 00675;. , 2. TCI will include a message in the billing process to explain to the cable subscribers what was taking place. This will increase revenue to the city approximately $7000 - $8000 per year. 3.9 Consideration of renewal of a lease with Denton County for the Senior Center facility John Hill, City Attorney, advised that the Denton attorney has not returned the revisions, therefore, he does not have an amended agreement for the council to review. He said verbally, all amendments had been agreed upon. Motion to postpone to the December 15, 1997 meeting - Henville-Shannon, second - Avey, carried with all members voting Aye. 3.12 Consideration of approval of two ordinances calling an election to be held in the City of The Colony on the 17th day of January 1998 for the following purposes: Adoption of a sales and use tax under the provision of Section 4A of the Development Corporation Act of 1979; and Adoption of a sales and use tax under the provisions of Section 4B of the Development Corporation Act of 1979 John Hill noted that early voting will begin December 31, 1997, not January 2, 1998, as indicated in the ordinances. Motion to approves the ordinances as amended by city attorney - Henville- Shannon, second - Dillard, carried with all members voting aye. 3.4 Consideration of approval of the site plan for the proposed North Colony Professional Building situated west of F.M. 423 and south of North Colony Blvd. Mr. Harry Persaud advised this meets all city requirements and that the Planning and Zoning Commission an:l staff recommend approval. Brief discussion followed regarding R.O.W. Mr. Persaud advised all needed r.o.w, is in place. Motion to approve as prese~tted - Longo; second - Dillard, carried with all members voting aye. 3.5 Consideration of approval of the final plat for the Morningstar Drive Right- of-Way dedication, being a 5.48 acre tract situated in the B.B.B. and C.R.R. Survey Abstract No. 174 and the William A. Bridges Survey Abstract No. 112 in the City of The Colony, Denton County Motion to approve - Stanwick, second - Henville-Shannon, carried with all members voting Aye. 00675,', 3.6 Consideration of approval of the final plat for the Legend Bend, Phase I, being a 37.99 acre tract situated in the R.P. Hardin Survey Abstract No. 661 and the William A. Bridges Survey Abstract No. l12 in the City of The Colony, Denton County Harry Persaud stated that this plat meets all city requirements and that the Planning and Zoning commission and staff recommend approval. Councilmember Avey said a signal light needs to be in the area of the amenity center on Morningstar Drive. Mr. Persaud explained that this residential development does not generate enough trips to warrant a signal and that the City cannot require the developer to put one in. Discussion followed regarding when the park land will be dedicated. Mr. Terry Mitchell, engineer, stated the land being platted tonight is not owned by the same party that owns the park and school sites. He said the zoning ordinance requires the dedication of the land and it will be dedicated at the appropriate time. Motion to approve - Longo, second - Henville-Shannon, carried with all members voting aye. 3.7 Consideration of approval of the final plat for the Legend Crest, Phase I, being a 30.23 acre tract situated in the R.P. Hardin Survey Abstract No. 661 and the William A. Bridges Survey Abstract No.l12 in the City of The Colony, Denton County Mr. Persaud noted that this plat meets all city requirements and that the Planning and Zoning Commission and staff recommend approval with one stipulation that engineering and construction plans will be approve by the city engineer. Mr. Persaud did note that the developer is proposing to construct an eight (8) feet sidewalk on the south side of Woodmoss and on the south side of Green Hollow Lane from Carriage Lane to Woodmoss Lane, instead of two four (4) feet sidewalks on both sides of the street as required by City standards. The objective is to provide a multi-use walking; biking and jogging trail to connect to the Amenity Center. This proposal will require a variance to the sidewalk requirement on both sides of the street. A lengthy discussion lbllowed regarding the variance. Mr. Terry Mitchell stated the developer wanted a different plan in The Colony and wanted this trail to link all the amenity centers in the development. He said they think it adds a lot to the community and do not feel it presents any different safety issues than a regular sidewalk. He said the developer would be agreeable to using two standard sidewalks if the council is not in favor of this plan. Motion to approve without the variance - Avey, second Longo. Mike Lynch, 4921 Roberts, said this is a unique idea and asked if the houses on the south will face the street. Mr. Mitchell said they would. Mr. Lynch said this will create a narrower street and he wants to see the streets wider. Councilmember Stanwick said this gives us a chance tv design into the development a hike and bike trail, which will be safer for kids. Mr. Lambert asked if the 8' sidewalk could be put on one side and a standard 4' sidewalk on the other side. Mr. Mitchell said he cannot make that commitment noting that would mean increasing r.o.w. Councilmember Dillard called the questions. The vote was taken as follows: Motion to approve without the variance: Ayes - Longo, Henville-Shannon, Avey Nays - Stanwick, Dillard, Watts Mayor Watts said the vote ended in a tie and the item will be brought back at the next meeting. Mr. Persaud advised the time requirements on plats will not allow waiting until the next meeting. Mr. Mitchell suggested approving the plat tonight and addressing the variance at a later date. Motion to approve the final plat, removing the variance from the request - Avey, second - Longo. Mr. Persaud said he will discuss the variance with the developer and decide when to bring it back to council. Motion carried with all members voting Aye. 4.0 CONSENT AGENDA 4.1 Consideration of acceptance of a letter of resignation from the Planning and Zoning commission from Steve Swerdloff Motion to accept - Dillard, second Henville-Shannon, carried with all members voting Aye. 6.1 Discussion ofthe water sources and water system in the City After a brief discussion it was decided this is just a report and can be given in another manner. Motion to remove from the agenda - Stanwick, second - Dillard carried with all members voting Aye. Recess - 9:45 p.m. Reconvene- 10:05 p.m. 3.13 Consideration of an ordinance amending appendix C with regard to Park Land Dedication 00675 After brief discussion, and explanation of changes, two additional corrections were made: under 2a the recommendation will be made by the Planning Director; under 3a "the effective date of this ordinance" will be replaced with the actual date the original park ordinance was passed and approved. Motion to approve with two corrections to 2a and 3a - Stanwick, second - Avey carried with all members voting Aye. 3.2 Consideration of approval of a request for extension of a Development Schedule for Planned Development No. 10 Mr. Persaud explained that due to many extenuating circumstances, construction on this development has not begun. Mr. Persaud said after reviewing the request for extension, the following were considered: 1. The entire development encompasses about 1,100 acres of green field site. Large developments like this take time to implement and require enormous expenditures for on and off-site infrastructure; 2. Successful development of large tracts of land depend on current projected market demands and visibility of market trends over time; 3. The Billingsley Development Corporation has put a lot of effort into the future planning and development of the tract and is currently finalizing a development agreement with the city with regard to utilities and infrastructure. The Planning and Zoning Commission and staff recommend approval of this extension. Richard Kamen, 75¢8 Lakeland, asked what the causes for delay are on this project. He said the ordinances were passed several years ago and perhaps this council needs to call a public hearing before granting an extension. Councilmember Avey asked if the development schedule attached is for the entire 1,100 acres or just P.D. 10. Lucy Billingsley advised it is for the entire 988 acres, noting the total acreage being developed is 988 not 1,100. Councilmember Avey said they need to be separated. Mr. Persaud explained the council is not being asked to adopt this development schedule, only to grant an extension. He said in large developments many things have to take place and one year is not too long due to the enormity of the project. He this developer has exhibited time and commitment to this project. Motion to approve one year extension based on Planning and Zoning and Staff recommendation - Dillard, second - Stanwick Councilmember Stanwick clarified that if we don't grant this, the 250' requirement in the ordinance will no longer be valid and anything can be done. Mr. Hill stated the land use will stay the same, this is just an extension of time. Mayor Watts asked if moving in a construction trailer constitutes the beginning of construction. Mr. Persaud noted a permit has already been issued for a construction trailer. Motion ended in a tie as follows: Ayes - Stanwick, Dillard, Watts Nays - Longo, Henville-Shannon, Avey Mr. Lambert said if dirt is turned, then the agricultural exemption is removed and it goes on the tax roll. He suggested a 6-month extension. Mr. Tony Johnston reminded council that if land were part of the property annexed from Carrollton then rollback taxes would be divided with Carrollton. Motion to approve a 6 month extension - Henville-Shannon, second - Dillard Councilmember Avey said the problem with the PD's is they don't meet our ordinances for a PD. We don't have a conceptual plan. Mr. Lucillo Pena with Billingsley Corporation said an overall plan was presented to P&Z and Council. He said there have been delays due to the railroad and other matters and everyone is working hard to overcome all obstacles. He said it is their intent to begin construction of infrastructure immediately upon approval of the developer's agreement. Councilmember Henville- Shannon said we are all as excited about this development at they are. Councilmember Avey said the conceptual plan is supposed to be approved by the council and that has not been done. Lucy Billingsley said they are operating under the PD as approved by the City. Mr. Persaud said a conceptual plan is included in the ordinance, noting that a drawing is not a requirement. He went on to say it would not be good to go back now and require one. Councilmember Longo said this developer has caused more problems than any other has and that he doesn't think they will turn dirt until the railroad suit is settled. He went on to say he doesn't mind approving the extension. Motion to grant a 6-month extension carried with the following roll call vote: Longo - Aye, Henville-Shannon - Aye, Stanwick - Aye, Avey, No, Dillard, Aye, Watts, Aye. 3.14 Consideration of a resolution regarding reimbursement of expenditures for fire equipment and water and sewer improvements. Motion to approve - Stanwick, second - Longo carried with all members voting aye. 3.3 Consideration of approval of a developer's agreement with Billingsley Development Corporation regarding the Austin Ranch Development Mayor Watts said the council started on this agreement in May of 1996 and it is now time. 00675/ Mike Lynch, 4921 Roberts, addressed the council regarding the terms of the agreement noting that it could be 8-10 years before the money would be reimbursed. He said the terms would make it hard for the accounting department. He recommended purchasing the additional 1.5 acres for the fire station or require donation of the whole 2 acres now. He is not in favor of freezing impact fees for 30 years. Richard Kamen, 7508 Lakeland, addressed the council regarding giving up our mineral rights on this property. Councilmember Avey said she has been on the negotiation committee and has two pages of notes, which is only ~A of her total questions. She stated it would be prudent to hold a workshop. Councilmcmber Henville-Shannon agreed because the council has not had an opportunity to review the agreement. She noted that she has 5 pages of questions, and since it is so late it would be better to wait for a workshop. Motion to postpone for a w~}rkshop - Avey, second - Henville-Shannon. Councilmember Longo said it is hard for a developer to sit and wonder what a council is going to do and saia he sees some faults with this agreement. Councilmember Dillard said the city attorney has reviewed this agreement, it has safeguards for both parties. He said the city does have responsibilities on this property. Councilmember Stanwick asked the motion to be amended to a certain date and suggested that the December 13 retreat be used for this purpose and the retreat be postponed until January. Mayor Watts said the council needs the retreat on the 13th. She said she doesn't want the council to rubber stamp this agreement, but stated she is concerned that the committee met on Friday and were all in agreement and now Councilmember Avey has pages of questions on a document she negotiated. Councilmember Longo said he is gun shy when it comes to developers. Mr. Lambert said he could answer questions tonight. Recess - 11:40 p.m. Reconvene - 11:50 p.m. Motion amended to postpone to a workshop on December 15 ended in a tie as the following: Ayes - Longo, Henville-Shannon, Avey Nays - Stanwick, Dillard, Watts Councilman Dillard said he would reluctantly change his vote, noting many hours have been spent on this. Mayor Watts asked the city attorney if this could be approved substantially and then be ratified on December 15. Mr. Hill said yes, noting most of the points have been agreed upon and are included in the agreement. Mayor Watts said it is obvious committee negotiations will not work and said she would give the council 37 minutes to have their questions answered. Mr. Lambert then responded to questions regarding on and off-site utilities, impact fees collection, and park land dedication as well as other matters. Mr. Lambert said in his opinion the developer is taking all the risks and the city has minimal exposure. 00675 , Mayor Watts asked the city attorney if the agreement could be approved contingent on attorney review and final approval on December 15, 1997. Mr. Hill said yes, a consensus to move forward tonight with final approval on December 15, 1997, would be appropriate. The developer agreed with that proposal. Henry Billingsley said that is fine, stating it is a step forward, however, he said they would like to see the final drain. Councilmember Henville-Shannon said she wants her concerns in the final draft. This item will be on the December 15, 1997, agenda for final action. With no further business to address Mayor Watts adjourned the meeting at 12:46 a.m. ~/~:'~PROVED: Mary BY. air Watf~4, Mayor ATTEST: Patti A. Hicks, TRMC, City Secretary